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Sec. 299.273 Authorization.-(a) The President is authorized to use any of the funds hereafter made available under section 103 of this Act to carry out the purposes of this title. Funds made available for such purposes may be used without regard to the provisions of sections 110(b) and 122(d) 274 of this Act.

(b) Foreign currencies owned by the United States and determined by the Secretary of the Treasury to be excess to the needs of the United States shall be used to the maximum extent possible in lieu of dollars in carrying out the provisions of this title.

(c) Assistance authorized under this title shall be in addition to any allotments or grants that may be made under other authorizations.

(d) Universities may accept and expend funds from other sources, public and private, in order to carry out the purposes of this title. All such funds, both prospective and inhand, shall be periodically disclosed to the Administrator as he shall by regulation require, but no less often than in an annual report. 275

Sec. 300.276 Annual Report.-The President shall transmit to the Congress, not later than April 1 of each year, a report detailing the activities carried out pursuant to this title during the preceding fiscal year and containing a projection of programs and activities to be conducted during the subsequent five fiscal years. Each report shall contain a summary of the activities of the Board established pursuant to section 298 of this title and may include the separate views of the Board with respect to any aspect of the programs conducted or proposed to be conducted under this title.

Chapter 3-International Organizations and Programs

Sec. 301.277 General Authority.-(a) When he determines it to be in the national interest, the President is authorized to make voluntary contributions on a grant basis to international organizations and to programs administered by such organizations, and in the case of the Indus Basin Development Fund administered by the International Bank for Reconstruction and Development to make grants and loans payable as to principal and interest in United States dollars and subject to the provisions of section 122(b), 278 on such terms and conditions as he may determine, in order to further the purposes of this part.

(b) 279

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[Repealed-1981]

273 22 U.S.C. 2220d. Sec. 299 was added by sec. 312 of Public Law 94-161 (89 Stat. 849).

274 The words "110(b) and 122(d)" were substituted in lieu of "110(b), 211(a), and 211(d)" by sec. 102(c)(2) of the International Development and Food Assistance Act of 1978 (Public Law 95424; 92 Stat. 941).

275 This function of the Administrator was transferred to the Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 (establishing IDCA).

276 22 U.S.Č. 2220e. Sec. 300 was added by sec. 312 of Public Law 94-161 (89 Stat. 849). 277 22 U.S.C. 2221.

278 The words to this point, beginning with ", and in the case of the Indians", were added by sec. 107(a) of the FA Act of 1966. The reference to sec. 122(b) was substituted in lieu of a reference to sec. 201(d) by the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 941).

279 Subsec. (b), as amended by sec. 107(b) of the FA Act of 1966, was deleted by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). The text formerly read as follows:

"(b) Contributions to the United Nations Development Program for the calendar years succeeding 1961 may not exceed forty per centum of the total amount contributed for such purposes Continued

(c) 280 No contributions by the United States shall be made to the United Nations Relief and Works Agency for Palestine Refugees in the Near East except on the condition that the United Nations Relief and Works Agency take all possible measures to assure that no part of the United States contribution shall be used to furnish assistance to any refugee who is receiving military training as a member of the so-called Palestine Liberation Army or any other guerrilla type organization or who has engaged in any act of terrorism.

(d) 281 In any case in which a fund established solely by United States contributions under this or any other Act is administered by an international organization under the terms of an agreement between the United States and such international organization, such agreement shall provide that the Comptroller General of the United States shall conduct such audits as are necessary to assure that such fund is administered in accordance with such agreement. The President shall undertake to modify any existing agreement entered into before the date of enactment of this subsection to conform to the requirements of the preceding sentence. The Comptroller General shall report simultaneously to the Congress and the President the results of the audit conducted under this subsection. 282

(e) 283 (1) In the case of the United Nations and its affiliated organizations, including the International Atomic Energy Agency, the President shall, acting through the United States representative to such organizations, propose and actively seek the establishment by the governing authorities of such organizations of external, professionally qualified groups 262 of appropriate size for the purpose of providing an independent and continuous program of selective examinations, review, evaluation, and audits 263 of the programs and activities of such organizations. Such proposal shall provide that such groups 262 shall be established in accordance with such terms of reference as such governing authority may prescribe and that the reports of such groups 262 on each examination, review, evaluation or audits 263 shall be submitted directly to such governing authority for transmittal to the representative of each individual member nation. Such proposal shall further include a statement of auditing and reporting standards, as prepared by the

(including assessed and audited local costs) for each such year. The President shall seek to assure that no contribution to the United Nations Development Program authorized by this Act shall be used for projects for economic or technical assistance to the Government of Cuba, so long as Cuba is governed by the Castro regime."

280 Subsec. (c) was amended by sec. 108(a) of the FA Act of 1969. It formerly read as follows: "(c) In determining whether or not to continue furnishing assistance for Palestine refugees in the Near East through contributions to the United Nations Relief and Works agency for Palestine Refugees in the Near East, the President shall take into account (1) whether Israel and the Arab host governments are taking steps toward the resettlement and repatriation of such refugees, and (2) the extent and success of efforts by the Agency and the Arab host governments to rectify the Palestine refugee relief rolls. Contributions by the United States for the fiscal year 1967 shall not exceed $13,300,000. No contributions under this subsection shall be made except on the condition that the United Nations Relief and Works Agency take all possible measures to assure that no part of the United States contribution shall be used to furnish assistance to any refugee who is receiving military training as a member of the so-called Palestine Liberation Army."

281 Subsec. (d) was added by sec. 110(a) of the FA Act of 1967.

282 This sentence was added by sec. 701(a) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156).

283 Subsec. (e) was added by sec. 9(1) of the FA Act of 1973.

Comptroller General of the United States, for the consideration of the governing authority of the international organization concerned to assist in formulating terms of reference for such review and evaluation groups.

284

(2) In the case of the International Bank for Reconstruction and Development and the Asian Development Bank, the President shall, acting through the United States representative to such organizations, propose and actively seek the establishment by the governing authorities of such organizations professionally qualified groups of appropriate size for the purpose of providing an independent and continuous program of selective examination, review, evaluation, and audits 285 of the programs and activities of such organizations. Such proposal shall provide that such groups shall be established in accordance with such terms of reference as such governing authorities may prescribe, and that the reports of such groups on each examination, review, evaluation, or audit 267 shall be submitted directly to such governing authority for transmittal to the representative of each individual member nation. Such proposal shall further include a statement of auditing and reporting standards, as prepared by the Comptroller General of the United States, for the consideration of the governing authority of the international organization concerned to assist in formulating terms of reference for such review and evaluation groups.

(3) 286*

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[Repealed-1981]

(f) 287 The President is hereby authorized to permit United States participation in the International Fertilizer Development Center and is authorized to use any of the funds made available under this part for the purpose of furnishing assistance to the Center on such terms and conditions as he may determine.

(g) 288 It is the sense of the Congress that the President should instruct the appropriate representatives of the United States to the United Nations to encourage the specialized agencies of the United Nations to transfer the funding of technical assistance programs carried out by such agencies to the United Nations Development Program.

(h) 289 The President is authorized to permit the United States to participate in and to use any of the funds made available under this part after the date of enactment of this subsection for the purpose of furnishing assistance (on such terms and conditions as the

284 The reference to external groups was substituted in lieu of a reference to a single group by sec. 702(b) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156). All other references in subsec. (e) to these groups were also made plural by sec. 702(b).

285 The reference to an audit was added by sec. 702(b) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156).

286 Par. (3), as added by sec. 9(1) of the FA Act of 1973 and amended by sec. 702(b)(6) of Public Law 96-533, was deleted by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat.1560). Par. (3) had required that the U.S. representatives to these international organizations submit any reports they received under this subsection to the President for transmittal to Congress and the Comptroller General. The Comptroller General was also directed to periodically review these reports and submit any appropriate suggestions to the Congress and the President.

287 Subsec. (f) was added by sec. 313(c) of Public Law 94-161; 89 Stat. 849.

288 Subsec. (g) was added by sec. 117(d) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 953).

289 Subsec. (h) was added by sec. 311(a) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).

President may determine) to the International Food Policy Research Institute.

Sec. 302.290 Authorization.—(a)(1) There are authorized to be appropriated to the President $270,000,000 for fiscal year 1986 and $236,084,000 for fiscal year 1987 291 for grants to carry out the purposes of this chapter, in addition to funds available under other Acts for such purposes. Of the amount appropriated for each of the fiscal years 1986 and 1987 pursuant to these authorizations

(A) 59.65 percent shall be for the United Nations Development Program;

290 22 U.S.C. 2222.

291 The amount $236,084,000 was substituted in lieu of the amount $275,000,000 by sec. 404 of Public Law 99-529; 100 Stat. 3010.

The authorization figures and earmarkings for fiscal years 1986 and 1987 were added by sec. 402(a) of the International Security and Development Cooperation Act of 1985 (Public Law 9983; 99 Stat. 190).

Authorizations under sec. 302 during recent years included the following: Fiscal year 1975— $165,000,000; Fiscal year 1976-$195,500,000; Fiscal year 1977-$219,900,000; Fiscal year 1978$252,000,000; Fiscal year 1979-$285,450,000; Fiscal year 1980-$267,280,000; Fiscal year 1981$233,350,000; Fiscal year 1982-$218,600,000; Fiscal year 1983-$218,600,000; Fiscal year 1984$266,214,000; Fiscal year 1985-no authorization.

Congress did not enact an authorization for fiscal year 1988. Instead, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (sec. 101(e) of the Continuing Appropriations for 1988, Public Law 100-202) waived the requirement for authorizations and appropriated the following for "International Organizations and Programs":

"For necessary expenses to carry out the provisions of sections 301 and 103(g) of the Foreign Assistance Act of 1961, and of section 2 of the United Nations Environment Program Participation Act of 1983, $244,648,000: Provided, That no funds shall be available for the United Nations Fund for Science and Technology: Provided further, That the total amount of funds appropriated under this heading shall be made available only as follows: $110,000,000 for the United Nations Development Program; $54,400,000 for the United Nations Children's Fund, which amount shall be obligated and expended no later than 30 days from the date of enactment of this Act; $980,000 for the World Food Program; $980,000 for the United Nations Capital Development Fund; $220,000 for the United Nations Voluntary Fund for the Decade for Women; $2,000,000 for the International Convention and Scientific Organization Contributions; $1,960,000 for the World Meteorological Organization Voluntary Cooperation Program; $21,854,000 for the International Atomic Energy Agency; $7,840,000 for the United Nations Environment Program; $784,000 for the United Nations Educational and Training Program for Southern Africa; $245,000 for the United Nations Trust Fund for South Africa; $110,000 for the United Nations Institute for Namibia; $170,000 for the Convention on International Trade in Endangered Species; $220,000 for the World Heritage Fund; $90,000 for the United Nations Voluntary Fund for Victims of Torture; $245,000 for the United Nations Fellowship Program; $400,000 for the United Nations Center on Human Settlements; $150,000 for the UNIDO Investment Promotion Service; $12,000,000 for the Organization of American States; and $30,000,000 for the International Fund for Agricultural Development, of which up to $10,000,000 may be made available for the Special Program for Sub-Saharan African Countries Affected by Drought and Desertification: Provided further, That funds appropriated under this heading may be made available for the International Atomic Energy Agency only if the Secretary of State determines (and so reports to the Congress) that Israel is not being denied its right to participate in the activities of that Agency."

The Foreign Operations, Export Financing, and Related Programs Appropriation Act, 1988, also provides the following:

"SEC. 505. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations.

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"SEC. 527. Notwithstanding any other provision of law or of this Act, none of the funds provided for 'International Organizations and Programs' shall be available for the United States proportionate share for any programs for the Palestine Liberation Organization, the Southwest African Peoples Organization, Libya, Iran, or, at the discretion of the President, Communist countries listed in section 620(f) of the Foreign Assistance Act of 1961, as amended.

"SEC. 554. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated to finance indirectly any assistance or reparations to Angola, Cambodia, Cuba, Iraq, Libya, the Socialist Republic of Vietnam, South Yemen, or Syria unless the President of the United States certifies that the withholding of these funds is contrary to the national interest of the United States."

(B) 19.30 percent shall be for the United Nations Children's Fund;

(C) 7.20 percent shall be for the International Atomic Energy Agency, except that these funds may be contributed to that Agency only if the Secretary of State determines (and so reports to the Congress) that Israel is not being denied its right to participate in the activities of that Agency;

(D) 5.44 percent shall be for Organization of American States development assistance programs;

(E) 3.51 percent shall be for the United Nations Environment Program;

(F) 0.70 percent shall be for the World Meteorological Organization;

(G) 0.70 percent shall be for the United Nations Capital Development Fund;

(H) 0.35 percent shall be for the United Nations Education and Training Program for Southern Africa;

(I) 0.18 percent shall be for the United Nations Voluntary Fund for the Decade for Women;

(J) 0.07 percent shall be for the Convention on International Trade in Endangered Species;

(K) 0.70 percent shall be for the World Food Program;

(L) 0.18 percent shall be for the United Nations Institute for Namibia;

(M) 0.12 percent shall be for the United Nations Trust Fund for South Africa;

(N) 0.04 percent shall be for the United Nations Voluntary Fund for Victims of Torture;

(0) 0.07 percent shall be for the United Nations Industrial Development Organization;

(P) 0.55 percent shall be for the United Nations Development Program Trust Fund To Combat Poverty and Hunger in Africa;

(Q) 0.97 percent shall be for contributions to international conventions and scientific organizations;

(R) 0.18 percent for the United Nations Centre on Human Settlements (Habitat); and

(S) 0.09 percent shall be for the World Heritage Fund. 292 (2) 293 The Congress reaffirms its support for the work of the Inter-American Commission on Human Rights. To permit such Commission to better fulfill its function of insuring observance and respect for human rights within this hemisphere, not less than $357,000 of the amount appropriated for fiscal year 1976 and $358,000 of the amount appropriated for fiscal year 1977, for contributions to the Organization of American States, shall be used only for budgetary support for the Inter-American Commission on Human Rights.

292 Sec. 117(e) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 953) also provided an authorization of $1,000,000 for contribution to the World Assembly on Aging.

293 Par. (2) was added by sec. 313(a)(1)C) of Public Law 94-161; 89 Stat. 849.

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