§2151u — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Encourage and fund private and voluntary organizations and cooperatives to do development work overseas, while keeping them independent. Congress says these groups help poor people by using private U.S. money and skills. The agency that runs U.S. development programs must use these groups when possible and make simpler approval steps for groups that have shown they can do good work. The President may use money for this part of the law to pay shipping costs for the American National Red Cross and U.S. voluntary agencies registered with the Agency for International Development. Payments can cover shipments from U.S. ports, or for U.S. surplus property from foreign ports, to overseas ports or other entry points when a country is landlocked, ports are unusable, carriers to that country are not available, or using another entry point saves a lot of time or money. Where possible, the U.S. should arrange free entry and ask the receiving country to provide local currency to cover transport inside that country. If a law later bars aid to a country, that ban does not automatically stop support for private programs already funded; the President must decide if continuing help is in the national interest and, if he continues it, report to the Speaker of the House and the Senate Foreign Relations Committee within one year. For each fiscal year 1986 through 1989, at least 13.5 percent of certain appropriated funds must go to private and voluntary organizations, and the President should try to direct at least 16 percent. Aid may also go to rural and urban cooperatives that let many low- and middle-income people take part in democratic decisions and use U.S. cooperative practices that promote self-help.

Title 22, §2151u

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The Congress finds that the participation of rural and urban poor people in their countries’ development can be assisted and accelerated in an effective manner through an increase in activities planned and carried out by private and voluntary organizations and cooperatives. Such organizations and cooperatives, embodying the American spirit of self-help and assistance to others to improve their lives and incomes, constitute an important means of mobilizing private American financial and human resources to benefit poor people in developing countries. The Congress declares that it is in the interest of the United States that such organizations and cooperatives expand their overseas development efforts without compromising their private and independent nature. The Congress further declares that the financial resources of such organizations and cooperatives should be supplemented by the contribution of public funds for the purpose of undertaking development activities in accordance with the principles set forth in section 2151–1 of this title and, if necessary and determined on a case-by-case basis, for the purpose of sharing the cost of developing programs related to such activities. The Congress urges the Administrator of the agency primarily responsible for administering subchapter I of this chapter, in implementing programs authorized under subchapter I of this chapter, to draw on the resource of private and voluntary organizations and cooperatives to plan and carry out development activities and to establish simplified procedures for the development and approval of programs to be carried out by such private and voluntary organizations and cooperatives as have demonstrated a capacity to undertake effective development activities.

(b)In order to further the efficient use of United States voluntary contributions for development, relief, and rehabilitation of friendly peoples, the President is authorized to use funds made available for the purposes of this part and part X of this subchapter to pay transportation charges on shipments by the American National Red Cross and by United States voluntary agencies registered with the Agency for International Development.

(c)Reimbursement under this section may be provided for transportation charges on shipments from United States ports, or in the case of excess or surplus property supplied by the United States from foreign ports, to ports of entry abroad or to points of entry abroad in cases (1) of landlocked countries, (2) where ports cannot be used effectively because of natural or other disturbances, (3) where carriers to a specified country are unavailable, or (4) where a substantial savings in costs or time can be effected by the utilization of points of entry other than ports.

(d)Where practicable, the President shall make arrangements with the receiving country for free entry of such shipments and for the making available by the country of local currencies for the purpose of defraying the transportation costs of such shipments from the port or point of entry of the receiving country to the designated shipping point of the consignee.

(e)Prohibitions on assistance to countries contained in this chapter or any other Act shall not be construed to prohibit assistance by the agency primarily responsible for administering subchapter I of this chapter in support of programs of private and voluntary organizations and cooperatives already being supported prior to the date such prohibition becomes applicable. The President shall take into consideration, in any case in which statutory prohibitions on assistance would be applicable but for this subsection, whether continuation of support for such programs is in the national interest of the United States. If the President continues such support after such date, he shall prepare and transmit, not later than one year after such date, to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report setting forth the reasons for such continuation.

(f)For each of the fiscal years 1986 through 1989, funds in an amount not less than thirteen and one half percent of the aggregate amount appropriated for that fiscal year to carry out section 2151a(a), 2151b(b), 2151b(c), 2151c, 2151d, 2151s,11 See References in Text note below. and 2292 of this title shall be made available for the activities of private and voluntary organizations, and the President shall seek to channel funds in an amount not less than 16 percent of such aggregate amount for the activities of private and voluntary organizations. Funds made available under part IV of subchapter II of this chapter for the activities of private and voluntary organizations may be considered in determining compliance with the requirements of this subsection.

(g)

(h)The Congress recognizes that, in addition to their role in social and economic development, cooperatives provide an opportunity for people to participate directly in democratic decisionmaking. Therefore, assistance under this part shall be provided to rural and urban cooperatives which offer large numbers of low- and middle-income people in developing countries an opportunity to participate directly in democratic decisionmaking. Such assistance shall be designed to encourage the adoption of self-help, private sector cooperative techniques and practices which have been successful in the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (e), was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see

Short Title

note set out under section 2151 of this title and Tables. section 2151s of this title, referred to in subsec. (f), was repealed by Pub. L. 101–513, title V, § 562(d)(5), Nov. 5, 1990, 104 Stat. 2031.

Amendments

1998—Subsec. (g). Pub. L. 105–277 struck out subsec. (g) which read as follows: “After December 31, 1984, funds made available to carry out section 2151a(a), 2151b(b), 2151b(c), 2151c, 2151d, 2292, or 2293 of this title may not be made available for programs of any United States private and voluntary organization which does not obtain at least 20 percent of its total annual financial support for its international activities from sources other than the United States Government, except that this restriction does not apply with respect to programs which, as of that date, are receiving financial support from the agency primarily responsible for administering subchapter I of this chapter. The Administrator of the agency primarily responsible for administering subchapter I of this chapter may, on a case-by-case basis, waive the restriction established by this subsection, after taking into account the effectiveness of the overseas development activities of the organization, its level of volunteer support, its financial viability and stability, and the degree of its dependence for its financial support on the agency primarily responsible for administering subchapter I of this chapter.” 1990—Subsec. (b). Pub. L. 101–513, § 562(d)(6)(A), inserted “and part X of this subchapter” after “this part”. Subsec. (g). Pub. L. 101–513, § 562(d)(6)(B), substituted “2292, or 2293” for “2191s, or 2292”. 1985—Subsec. (e). Pub. L. 99–83, § 309(a), substituted “one year” for “thirty days”. Subsec. (f). Pub. L. 99–83, § 309(b)(1), substituted “1986 through 1989” for “1982, 1983, and 1984”. Pub. L. 99–83, § 309(b)(2), which directed the substitution of “thirteen and one half” for “twelve” was executed by making the substitution for “12” as the probable intent of Congress because “twelve” did not appear in text. Pub. L. 99–83, § 309(b)(3), inserted provisions relating to funds for determining compliance with subsec. (f). Subsec. (h). Pub. L. 99–83, § 310, added subsec. (h). 1981—Subsecs. (f), (g). Pub. L. 97–113, § 309, added subsecs. (f) and (g). 1980—Subsec. (a). Pub. L. 96–533, § 307(1), (2), provided for contribution of public funds to private and voluntary organizations and cooperatives for purpose of sharing cost of developing programs related to development activities and encouraged establishment of simplified procedures for development of programs to be carried out by such entities having a capacity for undertaking effective development programs. Subsec. (e). Pub. L. 96–533, § 307(3), added subsec. (e). 1979—Subsec. (b). Pub. L. 96–53 substituted “Agency for International Development” for “Advisory Committee on Voluntary Foreign Aid”.

Statutory Notes and Related Subsidiaries

References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and section 2348c and 2349aa–5 of this title.

Effective Date

of 1985 AmendmentAmendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.

Effective Date

of 1979 AmendmentAmendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title.

Effective Date

Section effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as an

Effective Date

of 1978 Amendment note under section 2151 of this title. Private and Volunteer Organizations Pub. L. 108–199, div. D, title V, § 502, Jan. 23, 2004, 118 Stat. 166, which prohibited any funds appropriated or otherwise made available by div. D of Pub. L. 108–199 from being made available to any United States private and voluntary organization, except any cooperative development organization, which obtained less than 20 percent of its total annual funding for international activities from sources other than the United States Government, with certain exceptions, was from the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts: Pub. L. 108–7, div. E, title V, § 502(a), Feb. 20, 2003, 117 Stat. 180. Pub. L. 107–115, title V, § 502(a), Jan. 10, 2002, 115 Stat. 2139. Pub. L. 106–429, § 101(a) [title II], Nov. 6, 2000, 114 Stat. 1900, 1900A–8. Pub. L. 106–113, div. B, § 1000(a)(2) [title II], Nov. 29, 1999, 113 Stat. 1535, 1501A–68. Pub. L. 105–277, div. A, § 101(d) [title II], Oct. 21, 1998, 112 Stat. 2681–150, 2681–156. Pub. L. 105–118, title II, Nov. 26, 1997, 111 Stat. 2390. Pub. L. 104–208, div. A, title I, § 101(c) [title II], Sept. 30, 1996, 110 Stat. 3009–121, 3009–126. Pub. L. 104–107, title II, Feb. 12, 1996, 110 Stat. 708. Pub. L. 103–306, title II, Aug. 23, 1994, 108 Stat. 1612. Pub. L. 103–87, title II, Sept. 30, 1993, 107 Stat. 935. Pub. L. 102–391, title II, Oct. 6, 1992, 106 Stat. 1642. Pub. L. 101–513, title II, Nov. 5, 1990, 104 Stat. 1987. Pub. L. 101–167, title II, Nov. 21, 1989, 103 Stat. 1204. Pub. L. 100–461, title II, Oct. 1, 1988, 102 Stat. 2268–9. Pub. L. 100–202, § 101(e) [title II], Dec. 22, 1987, 101 Stat. 1329–131, 1329–139. Pub. L. 99–500, § 101(f) [title II], Oct. 18, 1986, 100 Stat. 1783–213, 1783–218, and Pub. L. 99–591, § 101(f) [title II], Oct. 30, 1986, 100 Stat. 3341–214, 3341–218. Pub. L. 99–190, § 101(i) [title II], Dec. 19, 1985, 99 Stat. 1291, 1296. Pub. L. 98–473, title I, § 101(1) [title II], Oct. 12, 1984, 98 Stat. 1884, 1889; repealed by Pub. L. 105–277, div. A, § 101(d) [title II], Oct. 21, 1998, 112 Stat. 2681–150, 2681–156. Shipment of Humanitarian Assistance Pub. L. 108–199, div. D, title V, § 534(f), Jan. 23, 2004, 118 Stat. 182, provided that: “During fiscal year 2004 and each fiscal year thereafter, of the amounts made available by the United States Agency for International Development to carry out the provisions of section 123(b) of the Foreign Assistance Act of 1961 [this section], funds may be made available to nongovernmental organizations for administrative costs necessary to implement a program to obtain available donated space on commercial ships for the shipment of humanitarian assistance overseas.” Similar provisions were contained in the following prior appropriation acts: Pub. L. 108–7, div. E, title V, § 534(g), Feb. 20, 2003, 117 Stat. 194. Pub. L. 107–206, title I, § 602, Aug. 2, 2002, 116 Stat. 859. Study and Report Concerning Use of Private and Voluntary Organizations, Cooperatives, and Private Sector Pub. L. 99–83, title III, § 311, Aug. 8, 1985, 99 Stat. 216, provided that: “(a) Study.—The Administrator of the Agency for International Development shall undertake a comprehensive study of additional ways to provide development assistance through nongovernmental organizations, including United States and indigenous private and voluntary organizations, cooperatives, the business community, and other private entities. Such study shall include—“(1) an analysis of the percentage of development assistance allocated to governmental and nongovernmental programs; “(2) an analysis of structural impediments, within both the United States and foreign governments, to additional use of nongovernmental programs; and “(3) an analysis of the comparative economic benefits of governmental and nongovernmental programs. “(b) Report.—The Administrator shall report the results of this study to the Congress no later than September 30, 1986.” African Development Foundation Pub. L. 95–424, title I, § 122, Oct. 6, 1978, 92 Stat. 954, as amended by Pub. L. 97–113, title VII, § 734(a)(5), Dec. 29, 1981, 95 Stat. 1560, provided that: “(a) The Congress declares that the United States should place higher priority on the formulation and implementation of policies and programs to enable the people of African nations to develop their potential, fulfill their aspirations, and enjoy better, more productive lives. In furtherance of these objectives, the Congress finds that additional support is needed for community-based self-help activities in Africa and that an African Development Foundation, organized to further the purposes set forth in section 123 of the Foreign Assistance Act of 1961 [this section], can complement current United States development programs in Africa. “(b) [Repealed. Pub. L. 97–113, title VII, § 734(a)(5), Dec. 29, 1981, 95 Stat. 1560.]” [African Development Foundation changed to United States African Development Foundation by Pub. L. 113–76, div. K, title III, Jan. 17, 2014, 128 Stat. 482. See section 290h–1 of this title.]

Executive Documents

Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.

§2151u Private and voluntary organizations and cooperatives in overseas development

Summary

Title 22, §2151u

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Executive Documents

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