Foreign Assistance Act of 1961

Sec. 635

Foreign Assistance Act of 1961 (P.L. 87–195)

375

(b) 1151 The notification requirement of this section does not
apply to the reprogramming—
(1) of funds to be used for an activity, program, or project
under chapter 1 of part I if the amounts to be obligated for
that activity, program, or project for that fiscal year do not exceed by more than 10 percent the amount justified to the Congress for that activity, program, or project for that fiscal year;
or
(2) of less than $25,000 to be used under chapter 8 of part
I, or under chapter 5 of part II, for a country for which a program under that chapter for that fiscal year was justified to
the Congress.
(c) 1151 The President shall notify the chairman of the Committee
on Foreign Relations of the Senate and the chairman of the Committee on Foreign Affairs 1155 of the House of Representatives concerning any reprogramming of funds in the International Affairs
Budget Function, the authorizations of appropriations for which
are in their respective jurisdictions, to the same degree and with
the same conditions as the President notifies the Committees on
Appropriations. The requirements of this subsection are in addition
to, and not in lieu of, other notification requirements.
Sec. 634B.1156 Classification of Reports.—All information contained in any report transmitted under this Act shall be public information. However, in the case of any item of information to be
included in any such report that the President, on an extraordinary
basis, determines is clearly detrimental to the security of the
United States, he shall explain in a supplemental report why publication of each specific item would be detrimental to the security of
the United States. A supplemental report shall be transmitted to
the Congress at the time the report is transmitted.
Sec. 635.1157 General Authorities.—(a) Except as otherwise
specifically provided in this Act, assistance under this Act may be
1155 Sec. 1(a)(5) of Public Law 104–14 (109 Stat. 186) provided that references to the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the
Committee on International Relations of the House of Representatives.
1156 22 U.S.C. 23941a. Sec. 502(c) of the International Development and Food Assistance Act
of 1978 (Public Law 95–424; 92 Stat. 959) added sec. 634B.
1157 22 U.S.C. 2395. Title III of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111–8; 123 Stat. 845), provides the
following:

‘‘DEVELOPMENT

CREDIT AUTHORITY

‘‘(INCLUDING TRANSFER OF FUNDS)
‘‘For the cost of direct loans and loan guarantees provided by the United States Agency for
International Development, as authorized by sections 256 and 635 of the Foreign Assistance Act
of 1961, up to $25,000,000 may be derived by transfer from funds appropriated by this Act to
carry out part I of such Act and under the heading ‘Assistance for Europe, Eurasia and Central
Asia’: Provided, That funds provided under this paragraph and funds provided as a gift pursuant to section 635(d) of the Foreign Assistance Act of 1961 shall be made available only for
micro and small enterprise programs, urban programs, and other programs which further the
purposes of part I of such Act: Provided further, That such costs, including the cost of modifying
such direct and guaranteed loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That funds made available by this paragraph may
be used for the cost of modifying any such guaranteed loans under this Act or prior Acts, and
funds used for such costs shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the provisions of section 107A(d) (relating to general provisions applicable to the Development Credit Authority) of the Foreign Assistance Act
of 1961, as contained in section 306 of H.R. 1486 as reported by the House Committee on International Relations on May 9, 1997, shall be applicable to direct loans and loan guarantees proContinued

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376

Foreign Assistance Act of 1961 (P.L. 87–195)

Sec. 635

furnished on a grant basis or on such terms, including cash, credit,
or other terms of repayment (including repayment in foreign currencies or by transfer to the United States Government of commodities) as may be determined to be best suited to the achievement
of the purposes of this Act, and shall emphasize loans rather than
grants wherever possible.
(b) The President may make loans, advances, and grants to,
make and perform agreements and contracts with, or enter into
other transactions with, any individual, corporation, or other body
of persons, friendly government or government agency, whether
within or without the United States and international organizations in furtherance of the purposes and within the limitations of
this Act.
(c) It is the sense of Congress that the President, in furthering
the purposes of this Act, shall use to the maximum extent practicable the services and facilities of voluntary, nonprofit organizations registered with, and approved by, the Agency for International Development.1158
(d) The President may accept and use in furtherance of the purposes of this Act, money, funds, property, and services of any kind
made available by gift, devise, bequest, grant, or otherwise for such
purpose.
(e)(1) 1159 Any agency of the United States Government is authorized to pay the cost of health and accident insurance for foreign
participants in any program of furnishing technical information
and assistance administered by such agency while such participants are absent from their homes for the purpose of participation
in such program.
(2) 1159 Any agency of the United States Government is authorized to pay the cost of health and accident insurance for foreign
employees of that agency while those employees are absent from
their places of employment abroad for purposes of training or other
official duties.
(f) Alien participants in any program of furnishing technical information and assistance under this Act may be admitted to the
United States if otherwise qualified as nonimmigrants under section 101(a)(15) of the Immigration and Nationality Act, as amended
(8 U.S.C. 1101(a)(15)), for such time and under such conditions as
may be prescribed by regulations promulgated by the Secretary of
State and the Attorney General.
(g) In making loans 1160 under this Act, the President—
vided under this heading: Provided further, That these funds are available to subsidize total
loan principal, any portion of which is to be guaranteed, of up to $700,000,000.
‘‘In addition, for administrative expenses to carry out credit programs administered by the
United States Agency for International Development, $8,000,000, which may be transferred to,
and merged with, funds made available under the heading ‘Operating Expenses’ in title II of
this Act: Provided, That funds made available under this heading shall remain available until
September 30, 2011.’’.
For text of sec. 306 of H.R. 1486, as reported by the House Committee on International Relations on May 9, 1997, see notes at sec. 108 of this Act.
1158 Sec. 121 of the International Development Cooperation Act of 1979 (Public Law 96–53;
93 Stat. 366) struck out ‘‘Advisory Committee on Voluntary Foreign Aid’’ and inserted in lieu
thereof ‘‘Agency for International Development’’.
1159 Sec. 302(i)(1) of the FA Act of 1967 (Public Law 90–137) added para. designation ‘‘(1)’’ and
para. (2).
1160 The words ‘‘and sales’’, which appeared at this point, were added by sec. 302(g) of the FA
Act of 1965 (Public Law 89–171); then deleted by sec. 302(i)(2) of the FA Act of 1967 (Public
Law 90–137).

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125 STAT. 1250

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22 USC 7909
note.

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PUBLIC LAW 112–74—DEC. 23, 2011

assistance by such institutions (including but not limited
to any loan, credit, grant, or guarantee) for the extraction
and export of a natural resource if the government of
the country has in place laws or regulations to prevent
or limit the public disclosure of company payments as
required by section 1504 of Public Law 111–203, and unless
such government has in place functioning systems in the
sector in which assistance is being considered for:
(I) accurately accounting for and public disclosure
of payments to the host government by companies
involved in the extraction and export of natural
resources;
(II) the independent auditing of accounts receiving
such payments and public disclosure of the findings
of such audits; and
(III) public disclosure of such documents as Host
Government Agreements, Concession Agreements, and
bidding documents, allowing in any such dissemination
or disclosure for the redaction of, or exceptions for,
information that is commercially proprietary or that
would create competitive disadvantage.
(ii) The requirements of subparagraph (i) shall not
apply to assistance for the purpose of building the capacity
of such government to meet the requirements of this paragraph.
(C) The Secretary of the Treasury or the Secretary
of State, as appropriate, shall instruct the United States
executive director of each international financial institution
and the United States representatives to all forest-related
multilateral financing mechanisms and processes, that it
is the policy of the United States to vote against the expansion of industrial scale logging into primary tropical forests.
(8) CONTINUATION OF PRIOR LAW.—Section 7081(g)(2) and
(4) of division F of Public Law 111–117 shall continue in effect
during fiscal year 2012 as if part of this Act.
(d) FOOD SECURITY AND AGRICULTURE DEVELOPMENT.—Of the
funds appropriated by title III of this Act, $1,170,000,000 should
be made available for food security and agriculture development
programs, of which $31,500,000 shall be made available for Collaborative Research Support Programs: Provided, That such funds may
be made available notwithstanding any other provision of law to
address food shortages, and may be made available for a United
States contribution to the endowment of the Global Crop Diversity
Trust pursuant to section 3202 of Public Law 110–246.
(e) MICROENTERPRISE AND MICROFINANCE.—Of the funds appropriated by this Act, not less than $265,000,000 should be made
available for microenterprise and microfinance development programs for the poor, especially women.
(f) RECONCILIATION PROGRAMS.—(1) Of the funds appropriated
by title III of this Act under the headings ‘‘Economic Support
Fund’’ and ‘‘Development Assistance’’, $26,000,000 shall be made
available to support people-to-people reconciliation programs which
bring together individuals of different ethnic, religious and political
backgrounds from areas of civil strife and war, of which $10,000,000
shall be made available for such programs in the Middle East:
Provided, That the Administrator of the United States Agency
for International Development shall consult with the Committees

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