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(2) a Joint Operations Committee 448 which shall assist in and advise on the mechanisms and processes for implementation of activities described in section 297.449

(e) In addition to any other functions assigned to and agreed to by the Board, the Board shall be consulted in the preparation of the annual report required by section 300 of this title and on other agricultural development activities related to programs under this title.

Sec. 299.450 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) 451 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.452

Sec. 300.453 Annual Report.-The President shall transmit to the Congress, not later than September 1454 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. 301.455 General Authority. (a) When he determines it to be in the national interest, the President is authorized to make vol

44" Sec. 4(dX2XA) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433) struck out "Joint Committee on Country Programs" and inserted in lieu thereof "Joint Operations Committee”.

449 Sec. 4(d)2)B) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433) struck out "which shall assist in the implementation of the bilateral activities described in sections 297(a)(2), 297(a)(4), and 297(a)(5)." and inserted in lieu thereof "which shall assist in and advise on the mechanisms and processes for implementation of activities described in section 297.".

400 22 U.S.C. 2220d. Sec. 312 of Public Law 94-161 (89 Stat. 849) added sec. 299.

451 Sec. 102(c)2) of the International Development and Food Assistance Act of 1978 (Public Law 95 424, 92 Stat. 941) struck out "110(b), 211(a), and 211(d)" and inserted in lieu thereof "110(b) and 122(d)".

452 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). The Reorganization Plan No. 2 of 1979 ceased to be effective with enactment of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of Public Law 105-277; 112 Stat. 2681). 464 22 U.S.Č. 2220e. Sec. 312 of Public Law 94-161 (89 Stat. 849) added sec. 300.

454 Sec. 5 of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106 373; 114 Stat. 1433) struck out "April 1” and inserted in lieu thereof "September 1".

466 22 U.S.C. 2221.

untary 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 Štates dollars and subject to the provisions of section 122(b),456 on such terms and conditions as he may determine, in order to further the purposes of this part.

(b) 457 * * * [Repealed-1981]

(c) 458 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) 459 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 con

456 Sec. 107(a) of the FA Act of 1966 (Public Law 89-583) inserted ", 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 sec. 201(d)". Sec. 102(b)(2)(A) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 941) struck out "sec. 201(d)" and inserted in lieu thereof "sec. 122(b)".

457 Subsec. (b), as amended by sec. 107(b) of the FA Act of 1966, was repealed by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). It 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 (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.".

458 Subsec. (c) was amended by sec. 108(a) of the FA Act of 1969 (Public Law 91-175). 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 socalled Palestine Liberation Army.".

Sec. 580 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117 Stat. 213), provided the following:

"GAO REPORT

"SEC. 580. Not later than November 1, 2003, the Comptroller General of the United States shall provide a report to the Committees on Appropriations on the extent to which the Department of State is complying with section 301(c) of the Foreign Assistance Act of 1961, and on the implementation of procedures that have been established to meet the standards of the Department of State regarding compliance with the requirements of section 301(c).". 459 Sec. 110(a) of the FA Act of 1967 (Public Law 90-137) added subsec. (d).

form 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. 460

(e) 461 (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 462 of appropriate size for the purpose of providing an independent and continuous program of selective examinations, review, evaluation, and audits 463 of the programs and activities of such organizations. Such proposal shall provide that such groups 462 shall be established in accordance with such terms of reference as such governing authority may prescribe and that the reports of such groups 462 on each examination, review, evaluation or audits 463 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.

462

(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 463 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 463 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) 464 *** [Repealed-1981]

460 Sec. 701(a) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156) added this sentence.

461 Sec. 9(1) of the FA Act of 1973 (Public Law 93-189) added subsec. (e).

462 The reference to external groups was inserted 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).

463 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).

464 Para. (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 repealed by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). Para. (3) had required that the U.S. representatives to these international organizations submit any reports they received

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(f) 465 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) 466 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) 467 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 President may determine) to the International Food Policy Research Institute.

Sec. 302.468 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 469 for grants to carry out the pur

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.

465 Sec. 313(c) of Public Law 94-161 (89 Stat. 849) added subsec. (f).

466 Sec. 117(d) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 953) added subsec. (g).

467 Sec. 311(a) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) added subsec. (h).

468 22 U.S.C. 2222.

469 Sec. 404 of Public Law 99-529 (100 Stat. 3010) struck out “$275,000,000 for fiscal year 1987" and inserted in lieu thereof "$236,084,000 for fiscal year 1987".

Sec. 402(a) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) inserted the initial authorization figures and earmarkings for fiscal years 1986 and 1987.

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; fiscal years 1988 through 2000-no authorization. No general authorization for fiscal year 2001; see, however, subsec. (k); fiscal years 2002 through 2006-no authorization.

Congress did not enact an authorization for fiscal year 2006. Instead, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Public Law 109-102), waived the requirements for authorization, and title IV of that Act (119 Stat. 2194) provided the following:

"INTERNATIONAL ORGANIZATIONS AND PROGRAMS

"For necessary expenses to carry out the provisions of section 301 of the Foreign Assistance Act of 1961, and of section 2 of the United Nations Environment Program Participation Act of 1973, $329,458,000: Provided, That none of the funds appropriated under this heading may be made available to the International Atomic Energy Agency (IAEA).”.

See also paragraph in title II on nonproliferation, anti-terrorism, demining and related programs; sec. 515, relating to notification requirements; sec. 516, relating to limiting the availability of funds for international organizations and programs; sec. 560, relating to contributions to the U.N. Population Fund; sec. 570, relating to trade capacity building; and sec. 596, relating to allocation of appropriations according to stipulations in the conference report (H. Rept. 109265, November 2, 2005) accompanying Public Law 109–102 (for allocation of International Organizations and Programs funding, see p. 105).

Title III, ch. 8 of the Emergency Supplemental Appropriations Act To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006 (division B of Public Law 109-148; 119 Stat. 2791), however, provided the following:

"GOVERNMENT-WIDE RESCISSIONS

"SEC. 3801. (a) ACROSS-THE-BOARD RESCISSIONS.-There is hereby rescinded an amount equal to 1 percent of

Continued

poses 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;

(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;

"(1) the budget authority provided (or obligation limit imposed) for fiscal year 2006 for any discretionary account of this Act and in any other fiscal year 2006 appropriation Act; (2) the budget authority provided in any advance appropriation for fiscal year 2006 for any discretionary account in any prior fiscal year appropriation Act; and

"C$) the contract authority provided in fiscal year 2006 for any program subject to limitation contained in any fiscal year 2006 appropriation Act.

"O) ProorocTIONATE APTICATION. Any rescission made by subsection (a) shall be applied proportionately

"(1) to each discretionary account and each item of budget authority described in such subsection, and

"(2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reporta for the relevant fiscal year covering such account or item, or for accounts and items hot included in appropriation Acts, as delineated in the most recently submitted President's budget)

This section shall not apply-

(1) to discretionary budget authority that has been designated pursuant to section 402 of 11 Con Hew 95 (10th Congress), the concurrent resolution on the budget for fiscal year

2000 OF

(2) to discretionary authority appropriated or otherwise made available to the Department of Veterans Affairs "(1) OMB 16roid Within 10 days after the date of the enactment of this section the Director of the Office of Management and Buded shall submit to the Committees on Appropriations of The House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to this action

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