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 PUBLIC LAW 95-424—OCT. 6, 1978

92 STAT. 939

United States institutions for carrying out this strategy. In order to Bilateral achieve these objectives and the broad objectives set forth in section assistance, 101 and in subsection (a) of this section, bilateral development assist- guidelines. ance authorized by this Act shall be carried out in accordance with the following principles: "(1) Development is primarily the responsibility of the people of the developing countries themselves. Assistance from the United States shall be used in support of, rather than substitution for, the self-help efforts that are essential to successful development programs and shall be concentrated in those countries that take positive steps to help themselves. Maximum effort shall be made, in the administration of this part, to stinmlate the involvement of the people in the development process through the encouragement of democratic participation in private and local governmental activities and institution building appropriate to the requirements of the recipient countries. "(2) Development planning must be the responsibility of each sovereign country. United States assistance should be administered in a collaborative style to support the development goals chosen by each country receiving assistance. "(3) United States bilateral development assistance should give high priority to undertakings submitted by host governments which directly improve the lives of the poorest of their people and tl.eir capacity to participate in the development of their countries, while also helping such governments enhance their planning, technical, and administrative capabilities needed to insure the success of such undertakings. "(4) Development assistance provided under this chapter shall be concentrated in countries which will make the most effective use of such assistance to help satisfy basic human needs of poor people through equitable growth, especially in those countries having the greatest need for outside assistance. In order to make possible consistent and informed judgments in this respect, the President shall assess the commitment and progress of countries in moving toward the objectives and purposes of this chapter by utilizing criteria, including but not limited to the following: "(A) increase in agricultural productivity per unit of land through small-farm, labor-intensive agriculture; "(B) reduction of infant mortality; "(C) control of population growth; "(D) promotion of greater equality of income distribution, including measures such as more progressive taxation and more equitable returns to small farmers; " (E) reduction of rates of unemployment and underemployment; and " (F) increase in literacy. "(5) United States development assistance should focus on critical problems in those functional sectors which affect the lives of the majority of the people in the developing countries; food production and nutrition; rural development and generation of gainful employment; population planning and health; environment and natural resources; and education, development administration, and human resource development. "(6) United States assistance shall encourage and promote the participation of women in the national economies of developing

39-194 O—80—pt. 1

63: QL3

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 92 STAT. 940

PUBLIC LAW 95-424—OCT. 6, 1978 countries and the improvement of women's status as an important means of promoting the total development effort. "(7) United States bilateral assistance shall recognize that the prosperity of developing countries and effective development efforts require the adoption of an overall strategy that promotes efficient utilization of energy and, therefore, consideration shall be given to the full implications of such assistance on the price, availability, and consumption of energy in recipient countries. "(8) United States cooperation in development should be carried out to the maximum extent possible through the private sector, including those institutions which already have ties in the developing areas, such as educational institutions, cooperatives, credit unions, free labor unions, and private and voluntary agencies. " (9) To the maximum extent practicable, United States private investment should be encouraged in economic and social development programs to which the United States lends support. "(10) Assistance shall be planned and utilized to encourage regional cooperation by developing countries in the solution of common problems and the development of shared rcvsources. "(11) Assistance efforts of the United States shall be planned and furnished to the maximum extent practicable in coordination and cooperation with assistance efforts of other countries, including the planning and implementation of programs and projects on a multilateral and multidonor basis. "(12) United States bilateral development assistance should be concentrated on projects which do not involve large-scale capital transfers. However, to the extent that such assistance does involve large-scale capital transfers, it should be furnished in association with contributions from other countries working together in a multilateral framework. "(c) The Congress, recognizing the desirability of overcoming the worst aspects of absolute poverty by the end of this century by, among other measures, substantially lowering infant mortality and birth rates, and increasing life expectancy, food production, literacy, and employment, encourages the President to explore with other countries, through all appropriate channels, the feasibility of a worldwide cooperative effort to overcome the worst aspects of absolute poverty and to assure self-reliant growth in the developing countries by the year 2000.". DEVELOPMENT ASSISTANCE AUTHORITIES

Presidential authority.

22 USC 2151t.

22 USC 2161.

SEC. 102. (a) Chapter 1 of part I of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following': "SEC. 122. GENERAL AUTHORITIES.— (a) In order to carry out the purposes of this chapter, the President is authorized to furnish assistance, on such terms and conditions as he may determine, to countries and areas through programs of grant and loan assistance, bilaterally or through regional, multilateral, or private entities.". (b)(1) Part I of such Act is further amended— (A) by striking out "less developed friendly" in the first sentence in subsection (b) of section 201; (B) by striking out everything after the first sentence in subsection (b) of section 201 through "herein) be loaned" in subsection (d) of such section and inserting in lieu thereof the following:

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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 PUBLIC LAW 9 5 - 4 2 4 — O C T. 6, 1978 " The President shall determine the interest payable on any loan. I n making loans under this chapter, the President shall consider the economic circumstances of the borrower and other relevant factors, including the capacity of the recipient country to repay the loan a t a reasonable rate of interest, except that loans may not be m a d e "; and (C) by inserting subsection (b) of section 201, as amended by subparagraph s (A) and (B) of this paragraph, immediately after section 1 2 2 (a), as added by subsection (a) of this section. (2)(A) Section 301(a) of such Act is amended by striking o u t "201 (d) " and inserting in lieu thereof "122 (b) ". (B) Section 103(b) of the Agricultural Trade Development and Assistance Act of 1954 is amended by striking out " 2 0 1 " and inserting in lieu thereof "122". (C) Section 106(a) of the Agricultural Trade Development and Assistance Act of 1954 is amended in the second sentence by striking out " 2 0 1 " and inserting in lieu thereof " 1 2 2 (b) ". (c)(1) Section 122 of the Foreign Assistance Act of 1961, as added by subsection (a) of this section and as amended by subsection (b)(1) of this section, is amended by adding at the end thereof the following new subsections: " (c) Dollar receipts paid during any fiscal year from loans made under this part or from loans made under predecessor foreign assistance legislation shall be deposited in the Treasury as miscellaneous receipts. " (d) Not to exceed $10,000,000 of the funds made available each fiscal year for the purposes of this chapter may be used for assistance, on such terms and conditions as the President may determine, to research and educational institutions in the United States for the purpose of strengthening their capacity to develop and carry out program s concerned with the economic and social development of developing countries.". (2) Section 299(a) of such Act is amended by striking " 1 1 0 (b), 211 (a), and 211(d) " and inserting in lieu thereof "110(b) and 1 2 2 (d) ". (d) Part I of such Act is further amended— (1) in section 204—

92 STAT. 9 4 1

22 USC 2221. 7 USC 1703. 7 USC 1706.

-^ '^ "

•''•' '-

Funds, limitation,

' 22 USC 2220d.

22 USC 2164.

(A) by striking out " SEC. 204. DEVELOPMENT L O A N C O M -

MITTEE.—" and inserting in lieu thereof " (e) "; and (B) by striking out " title " and inserting in lieu thereof " chapter "; and (2) by inserting such section, as so redesignated and amended, at the end of section 122, as added and amended by subsections (a) through (c) of this section. (e) Chapter 1 of part I of such Act, as amended by subsections (a) through (d) of this section, is further amended by adding a t the end thereof the following new section: " SEC. 123. PRIVATE AND VOLUNTARY ORGANIZATIONS AND COOPERATIVES IN OVERSEAS DEVELOPMENT. — (a) The Congress finds that the

participation of r u r a l and urban poor people in their countries' development can be assisted and accelerated i n 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

Private and voluntary organizations. 22 USC 2151u.

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 92 STAT. 942

Ante, p. 938.

Reimbursement.

Transportation costs, defraying of.

Repeal. 22 USC 2151m. Repeal. 22 USC 2161, 2162, 2164, 2167, 2168, 2171, 2172, 2175, 2176-2178, 2180, 2180a, 2211-2213, 2216-2217a. 22 USC 2166. 22 USC 2174. 22 USC 2218. 22 USC 2351. 22 USC 2358.

PUBLIC LAW 95-424—OCT. 6, 1978 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 devclopmen*: 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 102. The Congress urges the Administrator of the agency primarily responsible for administering this part, in implementing programs authorized under this part, to draw on the resource of private and voluntary organizations and cooperatives to plan and carry out development activities, " (b) I n 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 chapter to p a y transportation charges on shipments by the American National Red Cross and by United States voluntary agencies registered with the Advisory Committee on Voluntary Foreign Aid. " (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.". (f) Section 115 of such Act is repealed. fg)(1) Chapter 2 of part I of such Act, as amended by this section, is further amended— (A) by repealing title I (except sections 206 and 209), title II except sections 214 and 219), title VI, title VII, and title VIII; (B) by amending the chapter heading to read as follows: " C H A P T E R 2 — OTHER PROGRAMS";

(C) by inserting the following new title heading immediately before section 206: "TITLE I—MULTILATERAL AND REGIONAL DEVELOPMENT PROGRAMS"; and

(D) by inserting the following new title heading immediately before section 214: "TITLE II—AMERICAN SCHOOLS AND HOSPITALS

ABROAD; PROTOTYPE DESALTING PLANT".

(2)(A) Section 281 of such Act is amended by inserting "and chapter 1" immediately after "this chapter" each of the four places it appears. (B) Section 601(b)(5) of such Act is amended by striking out " 2 0 1 " and inserting in lieu thereof "122". (C) Section 608(a) of such Act is amended by striking out "section 212" and inserting in lieu thereof "chapter 1 of part I ".

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 PUBLIC LAW 95-424—OCT. 6, 1978 (D) Section 611(a) of such Act is amended by striking out ^'titles I, II, and VI of chapter 2 and chapter 4 of part I " and inserting in lieu thereof "chapter 1 of part I, title II of chapter 2 of part I, or chapter 4 of part II ". (E) Section 611(e) of such Act is amended by striking out "titles I, II, or VI of chapter 2 or chapter 4 of part I of this Act" and inserting in lieu thereof "chapter 1 of part I, title II of chapter 2 of part I, or chapter 4 of part II ". (F) Section 620(d) of such Act is amended by striking out "under section 201" and inserting in lieu thereof "on a loan basis under chapter 1 of part I". (G) Section 635(h) of such Act is amended by striking out "titles II, V, and VI (except development loans)" and inserting in lieu thereof "chapter 1 (except development loans) and title II ". (H) Section 636(c) of such Act is amended by striking out " (other than title I of chapter 2 of part I) " both places it appears. (I) Section 636(d) and (e) of such Act are each amended by striking out " (other than title I of chapter 2 of part I) ". (J) Section 636(f) of such Act is amended— (i) by striking out "section 212" and inserting in lieu thereof "chapter 1 of part I "; and (ii) by striking out "title I of chapter 2" and inserting in lieu thereof "chapter 1". (K)(i) Section 108 of such Act is repealed. (ii) Section 109 of such Act is amended by striking out "Notwithstanding section 108 of this Act, whenever" and inserting in lieu thereof "Whenever".

92 STAT. 943 22 USC 2361

22 USC 2370. 22 USC 2395. 22 USC 2396,

Repeal. 22 USC 2151f. 22 USC 2151g.

AGRICULTURE, RURAL DEVELOPMENT, AND NUTRITION

SEC. 103. (a) Section 103 of the Foreign Assistance Act of 1961 is 22 USC 2151a. amended to read as follows: "SEC. 103. AGRICULTURE, RURAL DEVELOPMENT, AND NUTRITION.—

(a)(1) In recognition of the fact that the great majority of the people of developing countries live in rural areas and are dependent on agriculture and agricultural-related pursuits for their livelihood, the President is authorized to furnish assistance, on such terms and conditions as he may determine, for agriculture, rural development, and nutrition— "(A) to alleviate starvation, hunger, and malnutrition; "(B) to expand significantly the provision of basic services to rural poor people to enhance their capacity for self-help; and "(C) to help create productive farm and off-farm employment in rural areas to provide a more viaible economic base and enhance opportunities for improved incomes, living standards, and contributions by rural poor people to the economic and social development of their countries. "(2) There is authorized to be appropriated to the President for purposes of this section, in addition to funds otherwise available for such purposes, $665,231,000 for the fiscal year 1979. Amounts appropriated under this section are authorized to remain available until expended. "(b)(1) Assistance provided under this section shall be used primarily for activities which are specifically designed to increase the productivity and income of the rural poor, through such means as

Presidential authority.

Appropriation authorization.

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 92 STAT. 944

PUBLIC LAW 95-424—OCT. 6, 1978

creation and strengthening of local institutions linked to the regional and national levels; organization of a system of financ'al institutions which provide both savings and credit services to the poor; stimulation of small, labor-intensive enterprises in rural towns; improvement of marketing facilities and systems; expansion of rural infrastructure and utilities such as farm-to-market roads, water managernent systems, land improvement, energy, and storage facilities; establishment of more equitable and more secure land tenure arrangements; and creation '"* ' and strengthening of systems to provide other services and supplies needed by farmers, such as extension, research, training, fertilizer, water, forestry, soil conservation, and improved seed, in Avays which assure access to them by small farmers. Infrastructure "(2) In circumstances where development of major infrastructure projects. is necessary to achieve the objectives set forth in this section, assistance for that purpose should be furnished under this chapter in association with significant contributions from other countries working together in a multilateral framework. Infrastructure projects so assisted should be complemented by other measures to ensure that the benefits of the infrastructure reach the poor. "(c) The Congress finds that the greatest potential for significantly expanding availability of food for people in rural areas and augmenting world food production at relatively low cost lies in increasing the productivity of small farmers who constitute a majority of the agricultural producers in developing countries. Incresising the emphasis on rural development and expanded food production in the poor^ est nations of the developing world is a matter of social justice and a principal element contributing to broadly based economic growth, as well as an impoilant factor in alleviating inflation in the industrialized countries. In the allocation of funds under this section, special attention shall be given to increasing agricultural production in countries which have been designated as 'least developed' by the United Nations General Assembly. Nutrition. "(d) Assistance provided under this section shall also be used in Post, p. 9450. coordination with programs carried out under section 104 to help improve nutrition of the people of developing countries through encouragement of increased production of crops with greater nutritional value; improvement of planning, research, and education with respect to nutrition, particularly with reference to improvement and expanded use of indigenously produced foodstuffs; and the undertaking of pilot or demonstration programs explicitly addressing the problem of malnutrition of poor and vulnerable people. In particular, the President is encouraged— "(1) to devise and carry out in partnership with developing countries a strategy for programs of nutrition and health improvement for mothers and children, including breast feeding; and "(2) to provide technical, financial, and material support to individuals or groups at the local level for such programs. "(e) Local currency proceeds from sales of commodities provided under the Agricultural Trade Development and Assistance Act of 7 USC 1691 note. 1954 which are owned by foreign governments shall be used whenever practicable to carry out the provisions of this section.". 22 USC 2403. (b) Section 644 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following:

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 PUBLIC LAW 95-424—OCT. 6, 1978 " (o) 'Agriculture' includes aquaculture and fisheries, " (p) ' F a r m e r s ' includes fishermen and other persons employed in cultivating and harvesting food resources from salt and fresh waters.". (c) Sections 117 and 296 (f) and (g) of such Act are repealed. (d) Section 103A of such Act is amended by inserting "environmental," immediately after "social," in clause (2) of the first sentence. POVULATION AND II E A I / n i

92 STAT. 9 4 5

Repeal. 22 USC 2151o, 2220a.

22 USC 2151a-l.

SEC. 104. (a) Section 104 of the For e i ^ i Assistance Act of 1961 is 22 USC 2151b. amended to read as follows: " SEC. 104. POPULATION AND H E A L T H. — (a) F I N D I N G S. — The Congress

recognizes that, poor health conditions and uncontrolled population growth can vitiate otherwise successful development efforts. " L a r g e families in developing countries are the result of complex social and economic factors which change relatively slowly among the poor majority least affected by economic progress, as well as the result of a lack of effective b i r t h control. Therefore, effective family p l a n n i n g depends upon economic and social change as well as the deliveiy of services and is often a matter of political and religious sensitivity. While every countiy has the r i g h t to determine its own policies with respect to population growth, voluntary population planning programs can make a substantial contribution to economic development, higher living standards, and improved health and nutrition. "Good health conditions are a principal element in improved quality of life and contribute to the individual's capacity to participate in the development process, while poor health and debilitating disease can limit productivity. " (b) ASSISTANCE FOR POPULATION P L A N N I N G. — I n order to increase

the opportunities and motivation for family planning and to reduce the rate of population growth, the President is authorized to furnish assistance, on such terms and conditions as he may determine, for voluntary population planning. I n addition to the provision of family planning information and services and the conduct of directly relevant demographic research, population planning programs shall emphasize motivation for small families. " (c) ASSISTANCE FOR H E A L T H AND DISEASE P R E V E N T I O N. — I n order to

contribute to improvements in the health of the greatest number of poor people in developing countries, the President is authorized to furnish assistance, on such terms and conditions as he may determine, for health programs. Assistance under this subsection shall be used primarily for basic integrated health services, safe water and sanitation, disease prevention and control, and related health planning and research. This assistance shall emphasize self-sustaining communitybased health programs by means such as training of health auxiliary and otheT- appropi-iate personnel, support for the establishment anci evaluation of projects that can be replicated on a broader scale, measures to improve management of health programs, and other services and supplies to support health and disease prevention programs. " (d) INTEGRATION o r ASSISTANCE PROGRAMS.— (1) Assistance under

this chapter shall be administered so as to give particular attention to the interrelationship between (A) population growth, and (B) development and overall improvement in living standards in developing countries, and to the impact of all programs, projects, and

Population planning assistance, presidential authority.

Health programs, presidential authority.

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 92 STAT. 9 4 6

Ante, p. 943.

Health and population research and analysis.

Presidential study, authorization. Funds, prohibited use.

PUBLIC LAW 95-424—OCT. 6, 1978 activities on population growth. A l l a p p r o p r i a t e activities proposed for financing under this chapter shall be designed to build motivation for smaller families through modification of economic and social conditions supportive of the desire for large families, in program s such as education in and out of school, nutrition, disease control, maternal and child health services, improvements in the status and employment of women, agricultural production, rural development, and assistance to the urban poor. Population p l a n n i n g program s shall be coordinated with other programs aimed at reducing the infant mortality rate, providing better nutrition for pregnant women and infants, and raising the standard of living of the poor. " (2) Since the problems of malnutrition, disease, and rapid population growth are closely related, planning for assistance to be provided under subsections (b) and (c) of this section and under section 103 shall be coordinated to the maximum extent practicable. " (3) Assistance provided under this section shall emphasize low-cost integrated delivery systems for health, nutrition, and family planning for the poorest people, with particular attention to the needs of mothers and young children, using paramedical and auxiliary medical personnel, clinics and health posts, commercial distribution systems, and other modes of community outreach. " (e) RESEARCH AND A N A L Y S I S. — (1) Health and population research

and analysis carried out under this Act shall— " (A) be undertaken to the maximum extent practicable in developing countries by developing country personnel, linked as appropriate with private and governmental biomedical research facilities within the United States; " (B) take account of the special needs of the poor people of developing countries in the determination of research priorities; and " (C) make extensive use of field testing to a d a p t basic research to local conditions. " (2) The President is authorized to study the complex factors affecting population growth in developing countries and to identify factors which might motivate people to plan family size o r to space their children. " (f) PROHIBITION ON L^SE OF F U N D S FOR ABORTIONS AND INVOLUN-

TARY STERILIZATIONS.— (1) None of the funds made available to carry out this part may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. " (2) None of the funds made available to carry out this part may be used to p a y for the performance of involuntary sterilizations as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. " (g) AUTHORIZATION OF APPROPRIATIONS.—There a r e authorized to

be appropriated to the President, in addition to funds otherwise available for such purposes— " (1) $224,745,000 for the fiscal year 1979 to carry out subsection (b) of this section; and " (2) $148,494,000 for the fiscal year 1979 to carry out subsection (c) of this section. Funds appropriated under this subsection a r e authorized to remain available until expended.".

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 PUBLIC LAW 95-424—OCT. 6, 1978

92 STAT. 947

(b) Section 114 and title X of chapter 2 of part I of such Act are Repeal. 22 USC 2151/, repealed. 2219, 2219a. EDUCATION AND H U M A N RESOURCES DEVELOPMENT

SEC. 105. Section 105(a) of the Foreign Assistance Act of 1961 is 22 USC 2151c. amended in the second sentence by striking out "$101,800,000 for the fiscal year 1977 and $84,900,000 for the fiscal year 1978, which amounts are" and inserting in lieu thereof "$109,036,000 for the fiscal year 1979, which amount is". TECHNICAL ASSISTANCE, ENERGY, RESEARCH, RECONSTRUCTION, AND SELECTED DEVELOPMENT PROBLEMS

SEC. 106. Section 106(b) of the Foreign Assistance Act of 1961 is 22 USC 2151(1. amended in the first sentence by striking out "$104,500,000 for the fiscal year 1977 and $105,000,000 for the fiscal year 1978, which amounts are" and inserting in lieu thereof "$126,244,000 for the fiscal year 1979, which amount is". APPROPRIATE TECHNOLOGY

SEC. 107. Section 107 of the Foreign Assistance Act of 1961 is 22 USC 2151e. amended to read as follows: " SEC. 107. APPROPRIATE TECHNOLOGY.— (a) I n c a r r y i n g out activities

^

under this chapter, the President shall place special emphasis on the use of relatively smaller, cost-saving, labor-using technologies that are generally most a p p r o p r i a t e for the small farms, small businesses, and small incomes of the poor. " (b) Funds made available to carry out this chapter should be used to the extent practicable for activities in the field of a p p r o p r i a t e technology, including support of an expanded and coordinated private effort to promote the development and dissemination of appropriate technology in developing countries.".

,,- -

,,,;

WOMEN I N DEVELOPMENT

SEC. 108. Section 113 of the Foreign Assistance Act of 1961 is 22 USC 2151k. amended by a d d i n g at the end thereof the following new subsection: " (d)(1) U p to $10,000,000 of the funds made available each fiscal Funds, use of. year under this chapter shall be used, in addition to funds otherwise available for such purposes, for assistance on such terms and conditions as the President may determine to encourage and promote the participation and integration of women as equal partners in the development process in the developing countries. These funds shall be used primarily to support activities which will increase the economic productivity and income earning capacity of women. " (2) Nothing in this section shall be construed to authorize the establishment of a separate development assistance program for H U M A N R I G H T S ACTIVITIES

SEC. 109. Section 116(e) of the Foreign Assistance Act of 1961 is amended in the first sentence— (1) by striking out "Of" and inserting in lieu thereof " The President is authorized and encouraged to use not less than $1,500,000 of"; and

22 USC 2151n.

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 92 STAT. 948

PUBLIC LAW 95-424—OCT. 6, 1978 (2) by striking out "1978, not less than $750,000 may be used only" and inserting in lieu thereof "1979". ENVIRONMENT AND NATURAL RESOURCES

22 USC 2151p.

Presidential studies. Report to Congress.

SEC. 110, Section 118 of the Foreign Assistance Act of 1961 is amended— (1) by inserting " (a) " immediately after the section caption; and (2) by adding at the end thereof the following new subsections: " (b) Tn carrying out programs under this chapter, the President shall take into consideration the environmental consequences of development actions. " (c) I n furtherance of the purposes of this section, the President shall carry out studies to identifj^ the major environment and natural resource problems, and the institutional capabilities to solve those problems, which exist in developing countries. The results of these studies shall be reported to the Congress by March 1, 1979.". RENEWABLE AND UNCONVENTIONAL ENERGY TECHNOLOGIES

22 USC 2151q. Cooperative programs.

Ante, p. 943.

Administration.

Ante, p. 947.

SEC. 111. Section 119 of the Foreign Assistance Act of 1961 is amended to read as follows: " SEC. 119.

RENEWABLE AND UNCONVENTIONAL E N E R G Y TECHNOLO-

GIES.—(a) The President is authorized to furnish assistance under this chapter for cooperative programs with developing countries in energy production and conservation, with particular emphasis on programs in research and development, and use of small-scale, decentralized, renewable energy sources for rural areas carried out as integral parts of rural development efforts in accordance with section 103 of this Act. Such programs shall also be directed toward the earliest practicable development and use of energy technologies which are environmentally acceptable, require minimum capital investment, are most acceptable to and affordable by the people using them, are simple and inexpensive to use and maintain, and are transferable from one region of the world to another. " (b) The agency primarily responsible for administering this part shall coordinate with the Department of Energy, to the maximum extent possible, the planning and implementation of energy programs authorized under this chapter, including section 107, and shall consult with the Department of Energy on such planning and implementation.". RELATIVELY LEAST DEVELOPED COUNTRIES

SEC. 112. (a)(1) Chapter 1 of part I of the Foreign Assistance Act of 1961, as amended by section 102 of this Act, is further amended by inserting the following new section 124 immediately after section 123: 22 USC 2151v.

" SEC. 124.

RELATIVELY LEAST DEVELOPED COUNTRIES.— (a)

Rela-

tively least developed countries (as determined on the basis of criteria comparable to those used for the United Nations General Assembly list of 'least developed countries') are characterized by extreme poverty, very limited infrastracture, and limited administrative capacity to implement basic human needs growth strategies. I n such countries special measures may be necessary' to insure the full effectiveness of assistance furnished under this part.

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 PUBLIC LAW 95-424—OCT. 6, 1978 " (b) For the purpose of promoting economic growth in these countries, the President is authorized and encouraged to make assistance under this chapter available on a grant basis to the maximiim extent that is consistent with the attainment of United States development objectives. "(c)(1) The Congress recognizes that the relatively least developed countries have virtually no access to private international capital markets. Insofar as possible, prior assistance terms should be consistent with present grant assistance terms for relatively least developed countries. Therefore, notwithstanding section 620(r) of this Act and section 321 of the International Development and Food Assistance Act of 1975 but subject to paragraph (2) of this subsection, the President on a case-by-case basis, taking into account the needs of the country for financial resources and the commitment of the country to the development objectives set forth in sections 101 and 102— "(A) may permit a relatively least developed country to place amounts, which would otherwise be paid to the United States as payments on principal or interest on liability incurred by that country under this part (or any predecessor legislation) into local currency accounts (in equivalent amounts of local currencies as determined by the official exchange rate for United States dollars) . for use by the relatively least developed country, with the concurrence of the Administrator of the agency primarily responsible ' for administering this part, for activities which are consistent with section 102; and "(B) may waive interest payments on liability incurred by a relatively least developed country under this part (or any predecessor legislation) if the President determines that that country would be unable to use for development purposes the equivalent amounts of local currencies which could be made available under subparagraph (A). "(2) The aggregate amount of interest waived and interest and principal paid into local currency accounts under this subsection in any fiscal year may not exceed the amount approved for such purpose in an Act appropriating funds to carry out this chapter for that fiscal year, which amount may not exceed the amount authorized to be so approved by the annual authorizing legislation for development assistance programs. "(3) !m exercising the authority granted by this subsection, the President should act in concert with other creditor countries. "(d) The President may on a case-by-case basis waive the requirement of section 110(a) for financial or 'in kind' contributions in the case of programs, projects, or activities in relatively least developed countries. "(e) Section 110(b) shall not apply with respect to grants to relatively least developed countries.". (2) The authority granted by section 124(c) of the Foreign Assistance Act of 1961 shall not become effective until October 1, 1979. (b)(1) Section 110(a) of such Act is amended by striking out "and except that" and all that follows through the end of the sentence and inserting in lieu thereof a period. (2) Section 110(b) of such Act is amended by striking out "Except" and all that follows through "no" and inserting in lieu thereof "No".

92 STAT. 949 Grants.

Grant assistance terms. 22 USC 2370. 22 USC 2220ia note. Ante, p. 937.

Waiver. 22 USC 2151h.

22 USC 2151v note. Ante, p. 948. 22 USC 2151h.

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Page:Hockey, Canada's Royal Winter Game.djvu/27

 Artificial rinks are being built in the principal cities of the union, and they afford to the young players even a greater advantage than we enjoy in Canada. They are opened long before ours, and remain open for skating for weeks later, besides, being comparatively warm, spectators are not kept away from them, however inclement the weather may be. A short time ago, almost any Canadian team could defeat, with comparative ease, the best seven that our friends could get together. But, last year, a different complexion colored the comparison between the clubs, because the senior New York teams had arrived at such a high degree of science in the game, that the excellence of their playing made them eligible to honorably compete with the peers of the game in Canada. Indeed, it seems that the day is not far distant when the holders of the highest honors in hockey matters will have to look to themselves if they wish to successfully defend their laurels against a worthy opponent.

3. Hockey was first played in Europe, by another Montrealer, Mr. Geo. A. Meagher, World's Champion Figure Skater, and author of "Lesson's in Skating."

In Paris, the first European team was formed, and the gay Parisiens took most enthusiastically to it. The Marquis of Dufferin and Ava, who was one time Governor General of


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Page:United States Statutes at Large Volume 92 Part 1.djvu/1004

 92 STAT. 950

PUBLIC LAW 95-424—OCT. 6, 1978 I'ROJECT AND PROGRAM EVALUATION

SEC. 113. Chapter 1 of part I of the Foreign Assistance Act, as amended by sections 102 and 112 of this Act, is further amended by inserting the following new section 125 immediately after section 124: Administration. 22 USC 2151w.

Presidential reports.

22 USC 2394.

"SEC. 125. PROJECT AND PROGRAM EVALUATION.— (a) The Adminis-

trator of the agency primarily responsible for administering this part is directed to improve the assessment and evaluation of the programs and projects carried out by that agency under this chapter. The Administrator shall consult with the appropriate committees of the Congress in establishing standards for such evaluations. "(b) The President shall report on actions taken by the international financial institutions and the United Nations Development Program to improve the evaluation of projects and programs conducted by those institutions. The report required by this subsection shall be submitted as a part of the report required by section 634.". AMERICAN SCHOOLS AND HOSPITALS ABROAD

Appropriation authorization.

22 USC 2174.

SEC. 114. Section 214 of the Foreign Assistance Act of 1961 is amended— (1) in subsection (c) by striking out "for the fiscal year 1977, $25,000,000, and for the fiscal year 1978, $25,000,000, which amounts are" and inserting in lieu thereof "$25,000,000 for the fiscal year 1079, which amount is"; and (2) by striking out subsections (d) and (e) and by redesignatingsubsection (f) as subsection (d). HOUSING AND OTHER CREDIT GUARANTY PROGRAMS

22 USC 2181.

51: i j r

,,; 7 ir*.. 22 USC 2182.

SEC. 115. (a) Sections 221 and 222 of the Foreign Assistance Act of 1961 are amended to read as follows: "SEC. 221. HOUSING GUARANTIES.—The Congress recognizes that shelter requirements are among the most fundamental of human needs. Shelter for most people in the developing countries consists largely of domestic materials assembled by local labor. While recognizing that most financing for such housing must come from domestic resources, the Congress finds that carefully designed programs involving United States capital and expertise can increase the availability of domestic financing for improved housing and related services for low-income people by demonstrating to local entrepreneurs and institutions that providing low-cost housing can be financially val. The Congress reaffirms, therefore, that the United States should continue to assist developing countries in marshalling resources for low-cost housing. Particular attention should be given to programs which will support pilot projects for low-cost shelter or which will have a maximum demonstration impact on local institutions and national policy. The Congress declares that the long run goal of all such programs should be to develop domestic construction capabilities and to stimulate local credit institutions to make available domestic capital and other management and technological resources required for effective low-cost shelter programs and policies. "SEC. 222. AUTHORIZATION.—(a) To carry out the policy of section 221, the President is authorized to issue guaranties to eligible investors

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1005

 PUBLIC LAW 95-424^0CT. 6, 1978 (as defined in section 238(c)) assuring against losses incurred in connection with loans made for projects meeting the criteria set forth in section 221, The total principal amount of guaranties issued under this title or heretofore issued under prior housing guaranty authorities, which are outstanding at any one time, shall not exceed $1,180,000,000. The authority of this section shall continue until September 30, 1980. The President may issue regulations from time to time with regard to the terms and conditions upon which such guaranties shall be issued and the eligibility of lenders. " (b) Activities carried out under this section shall emphasize— "(1) projects which provide improved home sites to poor families on which to build shelter, and related services; "(2) projects comprised of expandable core shelter units on serviced sites; " (3) slum upgrading projects designed to conserve and improve existing shelter; "(4) shelter projects for low income people designed for demonstration or institution building purposes; and "(5) community facilities and services in support of projects authorized under this section to improve the shelter occupied by the poor. "(c) In issuing guaranties under this section with respect to projects in a country which require the use or conservation of energy, the President shall give consideration to the use of solar energy technologies, where such technologies are economically and technically feasible. Technologies which may be used include solar hot water systems, solar heating and cooling, passive solar heating, biomass conversion, photovoltaic and wind applications, and community-scale solar thermal applications.". (b) Section 222A(h) of such Act is amended by striking out "September 30, 1978" and inserting in lieu thereof "September 30, 1979". (c) Section 223(a) of such Act is amended by striking out "221, 222," and inserting in lieu thereof "222". (d) Section 223(b) of such Act is amended in the first sentence— (1) by striking out "221 or" the first place it appears; (2) by striking out "221 and section 222 and of" and inserting in lieu thereof "222 and administering housing guaranties heretofore authorized under this title and under"; (3) by striking out "section 221 or" the second place it appears; and (4) by inserting "this title or" immediately after "heretofore pursuant to". (e) Section 223(c) of such Act is amended by striking out "section 221 or" and by inserting "under this title or" immediately after "heretofore". (f) Section 223(d) of such Act is amended— (1) by striking out "221, 222, 222A," and inserting in lieu thereof "222 or 222A"; and (2) by inserting "under this title or" immediately after "heretofore". (g) Section 223(f) of such Act is amended in the first sentence by striking out "section 221 or". (h) Section 223(g) of such Act is amended by inserting "heretofore under this title or" immediately after "outstanding".

92 STAT. 951 22 USC 2198. Ante, p. 950.

Regulations.

Solar energy technologies.

22 USC 2182a. 22 USC 2183.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1006

 92 STAT. 952 Repeal.

22 USC 2183. 22 USC 2370.

PUBLIC LAW 95-424—OCT. 6, 1978 (i) Section 223(i) of such Act is repealed. (i) Section 223(j) of such Act is amended by striking out "sections 221 and" in the first sentence and inserting in lieu thereof "section". (k) Section 620(1) of such Act is amended by striking out "221 (b)(1) " both places it appears and inserting in lieu thereof "234 (a)(1)". ASSISTANCE FOR CERTAIN DISADVANTAGED CHILDREN I N ASIA

SEC. 116. Chapter 2 of part I of the Foreign Assistance Act of 1961 is amended by striking out the title heading for title V and inserting in lieu thereof the following: "TITLE V—DISADVANTAGED CHILDREN IN ASIA 22 USC 2201.

Appropriation authorization.

" S E C 241. ASSISTANCE TO CERTAIN DISADVANTAGED CHILDREN IN

ASIA.—(a) The Congress recognizes the humanitarian needs of disadvantaged children in Asian countries where there has been or continues to be a heavy presence of United States military and related personnel in recent years. Moreover, the Congress finds that inadequate provision has been made for the care and welfare of such disadvantaged children, particularly those fathered by the United States citizens. "(b) Accordingly, the President is authorized to expend up to $2,000,000 of funds made available under chapter 1 of this part, in addition to funds otherwise available for such purposes, to help meet the needs of these disadvantaged children in Asia by assisting in the expansion and improvement of orphanages, hostels, day care centers, school feeding programs, and health, education, and welfare programs. Assistance provided under this section shall be furnished under the auspices of and by international organizations or private voluntary agencies operating within, and in cooperation with, the countries of Asia where these disadvantaged children reside.". INTERNATIONAL ORGANIZATIONS A N D PROGRAMS

United Nations Trust Fund on South Africa, appropriation authorization. 22 USC 2222.

United Nations Relief and Works Agency for Palestine Refugees, appropriation authorization.

SEC. 117. (a) Section 302(a)(1) of the Foreign Assistance Act of 1961 is amended in the first sentence by striking out "for the fiscal year 1977, $219,900,000 and for the fiscal year 1978, $252,000,000" and inserting in lieu thereof "$285,450,000 for the fiscal year 1979 of which not to exceed $300,000 shall be available for contribution to the United Nations Trust Fund on South Africa". (b)(1) Section 302(a)(1) of such Act is further amended— (A) by striking out "$42,500,000" in the third sentence and inserting in lieu thereof "$52,000,000"; and (B) by inserting immediately after the third sentence the following: "Of the funds authorized to be appropriated under this subsection for the fiscal year 1979, not to exceed $52,000,000 shall be available for voluntary contributions to the United Nations Relief and Works Agency for Palestine Refugees, except that not more than $42,500,000 of this amount may be obligated unless the President certifies to the Congress that any contributions above this level have been matched by equivalent contributions by members of the Organization of Petroleum Exporting Countries.".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1007

 PUBLIC LAW 95-424—OCT. 6, 1978 (2) Not later than January 31, 1979, the Secretary of State shall provide the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives with a full and detailed report on the progress made by the Commissioner-General of the United Nations Relief and W o r k s Agency to improve the ration distribution system so that food to Palestine refugees can be more equitably distributed on the basis of need, rather than entitlement. (c) Section 302(a) of such Act is amended by adding at the end thereof the following new paragraph: " (3) None of the funds made available under this subsection for the fiscal year 1979 may be used for the United Nations Institute for Namibia unless the President determines that such funds will not be used to support the military or paramilitary activities of the Southwest African Peoples Organization.". (d) Section 301 of such Act is amended by adding a t the end thereof the following new subsection: " (g) I t 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.". (e) I n addition to amounts otherwise available for such purpose, there are authorized to be appropriated to the President not to exceed $1,000,000 for contributions to the W o r l d Assembly on A g i n g to be convened under the auspices of the United Nations, except that the amount so contributed may not exceed 25 percent of the expenditures of such Assembly. Amounts appropriated under this subsection are authorized to remain available until expended.

92 STAT. 9 5 3 Report to congressional committees.

22 USC 2222 note.

Funds, prohibition. 22 USC 2222.

22 USC 2221.

World AssemWy on Aging, appropriation authorization.

22 USC 2222 note.

INTERNATIONAL DISASTER ASSISTANCE

SEC. 118. (a) Section 491(b) of the Foreign Assistance Act of 1961 is amended by striking "or international organization" and inserting in lieu thereof ", international organization, or private voluntary organization,". (b) Section 492 of such Act is amended— ' ' - ^ • ' *''*'^ = ^ (1) in the first sentence by striking out "each of the fiscal years 1977 and 1978" and inserting in lieu thereof "the fiscal year 1979"; and (2) by striking out the third sentence.

22 USC 2292,

Appropriation authorization. 22 USC 2292a.

ASSISTANCE FOR AFRICAN REFUGEES

SEC. 119. Chapter 9 of part I of the Foreign Assistance Act of 1961 22 USC 2292. is amended— (1) by redesignating section 495D, as added by section 121 of the International Development and Food Assistance Act of 1977, 22 USC 2292k. as section 495E; and (2) by a d d i n g at the end thereof the following new section: " SEC. 495F. ASSISTANCE TO AFRICAN R E F U G E E S. — The P r e s i d e n t is 22 USC 2292/. authorized to furnish assistance, on such terms and conditions as he may determine, exclusively for the relief and rehabilitation of African refugees and other needy people located in Africa. There is authorized Appropriation to be appropriated for the fiscal year 1979 for purposes of this section, authorization. in addition to amounts otherwise available for such purposes,

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1008

 92 STAT. 954

PUBLIC LAW 95-424—OCT. 6, 1978 $16,000,000, which amount is authorized to remain available until expended. Assistance under this section shall be provided in accordance with the policies and general authorities contained in section 491.". LOCUST PLAGUES CONTROL IN AFRICA

Appropriation authorization.

22 USC 2292d note.

SEC. 120. In order to assist in attempts to control locust plagues in Africa, especially in the Horn of Africa, there is authorized to be appropriated to the President, in addition to amounts otherwise authorized for disaster relief purposes, $2,000,000, which amount is authorized to remain available until expended. REIMBURSABLE DEVELOPMENT PROGRAMS

Appropriation authorization.

22 USC 2421.

SEC. 121. Section 661 of the Foreign Assistance Act of 1961 is amended by striking out "$2,000,000" the first place it appears and all that follows through "1978," and inserting in lieu thereof "$3,000,000 of the funds made available for the purposes of this Act for the fiscal year 1979". AFRICAN DEVELOPMENT FOUNDATION

Communitybased self-help activities. 22 USC 2151u note.

Ante, p. 941. Report to Congress.

SEC. 122. (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, can complement current United StatevS development programs in Africa. (b) The Congress therefore requests that the President report to the Congress not later than February 1, 1979, on steps he has taken to review proposals for an African Development Foundation.

TITLE II—FOOD F O E PEACE

EFFECTIVENESS OF FOOD ASSISTANCE I N MEETING BASIC FOOD NEEDS

7 USC 1711 note. 7 USC 1701. Report to Congress.

.

,,

7 USC 1721, 1727.

SEC. 201. The Congress finds that food assistance provided by the United States to developing countries under title I of the Agricultural Trade Development and Assistance Act of 1954 often is distributed within those countries in ways which do not significantly alleviate hunger and malnutrition in those countries. In order to determine how United States food assistance can be more effectively used to meet the food needs of the poor in developing countries, the President shall submit to the Congress not later than February 1, 1979, a report (1) explaining why food assistance provided to developing countries under title I of the Agricultural Trade Development and Assistance Act of 1954 is not more successful in meeting the food needs of those suffering from hunger and malnutrition, and (2) recommending steps which could be taken (including increasing the proportion of food assistance which is furnished under titles II and J II of that Act) to increase the effectiveness of food assistance under that Act in meeting those needs.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1009

 PUBLIC LAW 95-424—OCT. 6, 1978

92 STAT. 955

TRANSPORTATION COSTS FOR FOOD FOR DEVELOPMENT PROGRAMS

SEC. 202. Section 304 of the Agricultural Trade Development and 7 USC 1727c. Assistance Act of 1%4 is amended by adding at the end thereof the following new subsection: "(d) The Commodity Credit Corporation may pay, with respect to commodities made available under this title to a country on the United Nations Conference on Trade and Development list of relatively least developed countries, freight charges from United States ports to designated ports of entry abroad or to designated points of entry abroad m the case of landlocked countries.". APPLICATION OF FOOD FOR DEVELOPMENT PROCEEDS TO REPAYMENT OBLIGATIONS

S E C 203. Section 305 of the Agricultural Trade Development and 7 USC 1727d. Assistance Act of 1954 is amended— (1) by inserting " (a) " immediately after " S E C 305."; and (2) by adding at the end thereof the following new subsection: "(b) Such disbursements shall be deemed to be payments with respect to the credit furnished pursuant to the agreement or if, in the case of a country on the United Nations Conference on Trade and Development list of relatively least developed countries, the disbursements in a fiscal year are greater than the amount of the annual repayment obligation which that country would have to meet for that fiscal year under the agreement but for the disbursements in accordance with the Food for Development Program, then the disbursements which are in excess of the amount of that annual repayment obligation may, to the extent provided in the agreement, be considered as payments with respect to the annual repayment obligations of that country for that fiscal year under other financing agreements under this Act.". TITLE III—COORDINATION AND ADMINISTRATION O F THE DEVELOPMENT-RELATED PROGRAMS AND POLICIES OF THE UNITED STATES DECLARATION OF OBJECTIVES

S E C 301. The Congress declares that the United States Government should place higher priority, in the formulation and implementation of governmental policies, on efforts to help meet the legitimate needs of poor countries for improving the quality of the lives of their populations. The Congress also declares that greater effectiveness and efficiency of United States assistance to such countries can be achieved through improved coordination and administrative consolidation.

22 USC 2151 note.

IMPLEMENTATION OF OBJECTIVES

S E C 302. In furtherance of the objectives set forth in section 301 the Congress directs the President to institute a strengthened system of coordination of all United States economic policies which impact on the developing countries of the world, including but not limited to policies concerning international trade, commodity agreements, investment, debt, international financial institutions, international and multilateral development agencies and programs, and concessional and grant food assistance, in addition to policies concerning United States bilateral economic development assistance.

39-194 O—80—pt. 1

64: QL3

22 USC 2151 note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1010

 PUBLIC LAW 95-424—OCT. 6, 1978

92 STAT. 956

REPORT

Report to Congress. 22 USC 2151 note.

SEC. 303. The President shall report to the Congress not later- than February 1, 1979, on the steps he has taken to implement this title and on any further legislation which may be needed to achieve the objectives of this title.

" •

Regulations. Publication in Federal Register. 22 USC 2385a. 22 USC 2151.

TITLE IV—UNIFIED PERSONNEL SYSTEM ESTABLISHMENT OF A U N I F I E D PERSONNEL SYSTEM

SEC. 401. (a) Not later than March 15, 1979, the President shall submit to the Congress, and publish in the Federal Register, regulations establishing a unified personnel system for all employees of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961. In preparing such regulations, the President shall keep the appropriate committees of the Congress fully and currently informed, and shall consult with them on a regular basis, concerning the nature of the unified personnel system to be established. (b) The regulations submitted to the Congress pursuant to subsection (a) — (1) may not become effective until after the end of the 90-day period beginning on the date of such submission in order to provide the appropriate committees of the Congress an opportunity to review them; and (2) shall not become effective then if, during such 90-day period, either House of Congress adopts a resolution stating in substance that it disapproves the personnel system proposed to be established by the regulations. (c) Regulations which take effect pursuant to this section shall have the force and effect of law and shall apply with respect to the personnel of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961, notwithstanding and inconsistent provision of law unless that provision of law specifically states that it supersedes regulations issued under this section. TITLE V—ADMINISTRATIVE PROVISIONS USE OF COMPETITIVE SELECTION PROCEDURES

Contract awards.

22 USC 2351.

Report to Congress.

SEC. 501. Section 601 of the Foreign Assistance Act of 1961 is amended by adding the following new subsection at the end thereof: "(e)(1) The Congress finds that significantly greater effort must be made in carrying out programs under part I of this Act to award contracts on the basis of competitive selection procedures. All such contracts should be let on the basis of competitive selection procedures except in those limited cases in which the procurement regulations governing the agency primarily responsible for administering part I of this Act allow noncompetitive procedures to be used. "(2) In order to provide the Congress with information to assist it in assessing the efforts of the agency primarily responsible for administering part I of this Act to make the maximum possible use of competitive selection procedures, the Administrator of that agency— "(A) when submitting the congressional presentation materials the Congress a report identifying and describing each contract
 * for developing assistance for fiscal year 1980, shall also submit to

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1011

 PUBLIC LAW 95-424—OCT. 6, 1978

92 STAT. 9iS7

in an amount in excess of $100,000 which the agency entered into without competitive selection procedures during the period April 1, 1978, to September 30, 1978, and explaining why each such contract was not the subject of competitive selection procedures; and " (B) when submitting the congressional presentation materials Report to for development assistance for fiscal year 1981, shall also submit Congress. to the Congress a report identifying and describing each contract in an amount in excess of $100,000 which the agency entered into without competitive selection procedures during the fiscal year 1979 and explaining why each such contract was not the subject of competitive selection procedures.". ANNUAL FOREIGN ASSISTANCE REPORT

SEC. 502. (a) Chapter 2 of part III of the Foreign Assistance Act of 1961 is amended— (1) by striking out " (c) " in section 634(c) and inserting in lieu thereof " SEC. 633A. FURNISHING INFORMATION.—" and by inserting such redesignated section immediately after section 633; and (2) by striking out the remaining provisions of section 634 and inserting in lieu thereof the following: " SEC. 634. A N N U A L REPORT.— (a) I n order that the Congress and the American people may be better and more currently informed regarding United States development policy, including the amounts and effectiveness of assistance provided by the United States Government to developing countries and international organizations, the Chairman of the Development Coordination Committee shall transmit to the Congress not later than February 1 of each year a report on foreign assistance for the fiscal year ending the previous September 30. The report shall include— " (1)(A) a comprehensive and coordinated review of all United States policies and programs having a major impact on the development of developing countries, including but not limited to bilateral and multilateral assistance, trade, debt, employment, food, energy, technology, population, oceans, environment, human settlements, natural resources, and participation in international agencies concerned with development; " (B) an assessment of the impact of such policies and programs on the well-being of the poor majority in developing countries in accordance with the policy objectives of chapter 1 of part I, including the progress developing countries are making toward achieving those objectives which are indicative of improved wellbeing of the poor majority, which objectives shall include but not be limited to increasing life expectancy and literacy, lowering infant mortality and birth rates, and increasing food production and employment; and " (C) an assessment of the impact of such policies and programs on economic conditions in the United States, including but not limited to employment, wages, and working conditions; " (2) the dollar value of all foreign assistance and guaranties by category and by country provided or made by the United States Government by any means to all foreign countries and international organizations— " (A) from 1946 to the fiscal year immediately preceding the fiscal year for which the report is required;

22 22 22 22

use use use use

2394. 2393a. 2393. 2394.

Report to Congress.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1012

 92 STAT. 958

22 USC 2751 °***®7 USC 1691 note.

12 USC 635 note.

Definitions.

PUBLIC LAW 95-424—OCT. 6, 1978 "(B) as presented to Congress for the immediate preceding fiscal year; "(C) as obligated during the immediately preceding fiscal year; "(D) as planned for the fiscal year in which the report is presented; and " (E) as proposed for the fiscal year following the year in which the report is presented; "(3) a summary of repayments, by country, to the United States from previous foreign assistance loans; "(4) the status of each loan and each contract of guaranty or insurance theretofore made under this Act, predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding any unpaid obligation or potential liability; the status of each extension of credit for the procurement of defense articles or defense services, and of each contract of guarantee in connection with any such procurement, theretofore made under the Arms Export Control Act with respect to which their remains outstanding any unpaid obligation or potential liability; the status of each sale of agricultural commodities on credit terms, theretofore made under the Agricultural Trade Development and Assistance Act of 1954 with respect to which there remains outstanding any unpaid obligation; and the status of each transaction with respect to which a loan, contract or guarantee of insurance, or extension of credit (or participation therein) was theretofore made under the ExportImport Bank Act of 1945 with respect to which there remains outstanding any unpaid obligation or potential liability; except that such report shall include individually only any loan, contract, sale, extension of credit, or other transaction listed in this paragraph which is in excess of $1,000,000; "(5)(A) the status of the debt servicing capacity of each country receiving assistance under this Act; "(B) all forms of debt relief granted by the United States with respect to such countries, together with a detailed statement of the specific debt relief granted with respect to each such country and the purpose for which it was granted; and "(C) a summary of the net aid flow from the United States to such countries, taking into consideration the debt relief granted by the United States; and "(6) such other matters relating to foreign assistance provided by the United States Government under part I as the Chairman of the Development Coordination Committee considers appropriate. "(b) For purposes of this section— "(1) 'foreign assistance' means any tangible or intangible item provided by the United States Government to a foreign country or international organization under this or any other Act, including but not limited to any training, service, or technical advice, any item of real, personal, or mixed property, any agricultural commodity, United States dollars, and any currencies of any foreign country which are owned by the United States Government; and "(2) 'provided by the United States Government' includes, but is not limited to, foreign assistance provided by means of gift, loan, sale, credit, or guaranty.".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1013

 PUBLIC LAW 95-424—OCT. 6, 1978 (b) Part III of the Foreign Assistance Act of 1961 is amended by redesignating section 671 as section 634A and by inserting such redesignated section immediately after section 631. (c) Part III of such Act, as amended by subsection (b) of this section, is further amended by adding the following new section immediately after new section 634A: "SEC. 634B. CLASSIFICATION or 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.". (d)(1) Title X I of chapter 2 of part I and sections 120(d), 222A (j), 495C(e), 620(w), 621A(c), 640B(d), and 657 of the Foreign Assistance Act of 1961 are repealed. (2) Section 640B(g) of such Act is amended by striking out "subsection (d), the President" and inserting in lieu thereof "section 634, the Chairman of the Committee".

92 STAT. 959 22 USC 2429b. 22 USC 2394-1.

22 USC 2394-la. Supplemental reports, national security considerations.

Repeal. 22 USC 2220, 2151r, 2182a, 22921, 2370, 2381a, 2399c, 2417. 22 USC 2399c.

REIMBURSABLE TECHNICAL ASSISTANCE

SEC. 503. Section 607 of the Foreign Assistance Act of 1961 is contract amended by redesignating subsection (b) as subsection (c) and by authority. inserting the following new subsection (b) immediately after sub- 22 USC 2357. section (a): "(b) When any agency of the United States Government provides services on an advance-of-funds or reimbursable basis under this section, such agency may contract with individuals for personal service abroad or in the United States to perform such services or to replace officers or employees of the United States Government who are assigned by the agency to provide such services. Such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Civil Service Commission.'. AUDITOR GENERAL

SEC. 504. Section 624 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new subsection: "(g)(1) In addition to the officers provided for in subsection (a) of this section, there shall be an Auditor General who shall be appointed by the Administrator of the agency primarily responsible for administering part I of this Act. The Auditor General shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. "(2) The Auditor General shall report to and be under the direct supervision of the Administrator. "(3) The Auditor General shall, with respect to the duties and responsibilities of the agency primarily responsible for administering part I of this Act and subject to the authority of the Administrator of such agency, supervise, direct, and control all audit and investigative activities relating to the programs and operations of the agency. "(4) The Auditor General shall submit an annual report to the Administrator. This report shall be provided to the Congress without

Appointment.

22 USC 2384.

22 USC 2151.

Annual reports.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1014

 92 STAT. 960 Ante, p. 957.

•

PUBLIC LAW 95-424—OCT. 6, 1978 further clearance or approval as part of the annual report required by section 634 of this Act. "(5) In the execution of the responsibilities and duties assigned in paragraph (3) of this subsection, the Auditor General shall have (A) access to all records, reports, papers, and documents of the agency and its administrative subdivisions, and (B) authority to request such information or assistance as necessary for carrying out the duties set forth in this subsection from any Federal, State, or local governmental agency or unit thereof, and from contractors, grantees, and loan recipients of the agency.". MOTOR VEHICLES

22 USC 2396.

SEC. 505. Section 636(a)(5) of the Foreign Assistance Act of-1961 is amended by striking "$3,500" and inserting in lieu thereof "the current market price in the United States of a mid-sized sedan or station wagon meeting the requirements established by the General Services Administration for a Class III vehicle of United States manufacture (or, if the replacement vehicle is a right-hand drive vehicle, 120 percent of that price)". OPERATING EXPENSES

22 USC 2427.

SEC. 506. Section 667(a) of the Foreign Assistance Act of 1961 is amended— (1) in the text preceding paragraph (1) by striking out "1978" and inserting in lieu thereof "1979"; and (2) in paragraph (1) by striking out "$220,200,000" and inserting in lieu thereof "$261,000,000". TITLE VI—MISCELLANEOUS PROVISIONS REDUCTION OF AUTHORIZATION

22 USC 2151 °o*«22 USC 2174.

SEC. 601. The total funds authorized to be appropriated in this Act (excluding funds authorized to be appropriated to carry out section 214 of the Foreign Assistance Act of 1961) shall be reduced by 5 percent. PROHIBITION ON ASSISTANCE TO VIETNAM, CAMBODIA, UGANDA, AND CUBA

22 USC 2151 note. /!

SEC. 602. Notwithstanding any other provision of law or of this ^ct, funds authorized to be appropriated in this Act shall not be used for any form of aid, either by monetary payment or by the sale or transfer of any goods of any nature, to the Socialist Republic of Vietnam, Cambodia, Uganda, or Cuba. REPORTS TO CONGRESS ON DEBT RELIEF AGREEMENTS

22 USC 2395a.

f

'fw

SEC. 603. (a)(1) The Secretary of State shall keep the Committee on Foreign Relations of the Senate, the Committee on International Relations of the House of Representatives, and the Committee on Appropriations of each House of the Congress fully and currently informed of any negotiations with any foreign government with respect to any cancellation, renegotiations, rescheduling, compromise, or other form of debt relief (including any modification of the terms,

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1015

 PUBLIC LAW 95-424—OCT. 6, 1978

92 STAT. 961

conditions, or manner of repayment), with regard to any debt owed to the United States by such foreign government. (2) The Secretary of State shall transmit to such committees a copy International of the text of any agreement with any foreign government which agreements would result in any such debt relief no less than thirty days prior to its concerning debt entry into force, together with a detailed justification of the interest relief, transmittal of the United States in the proposed debt relief. The requirements of to congressional committees. this paragraph shall not apply with respect to an agreement if a statutory requirement exists that the amount of the debt relief provided by the agreement may not exceed the amount approved for such purposes in advance in an appropriation Act. (b) Section 4 of the Foreign Disaster Assistance xAct of 1974 is Repeal. 22 USC 2395 repealed. MISCELLANEOUS REPEALS

SEC. 604. Sections 302(d), 302(e), 302(f), 302(g), 302(h), 304, 494A, 495A, 618, 619, 637(a), 649, 651, 655, 656, 658, and 665, and chapters 6 and 7 of part I, of the Foreign Assistance Act of 1961 are repealed. EFFECTIVE DATE

SEC. 605. The amendments made by this Act shall take effect on October 1, 1978. Approved October 6, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1087 (Comm. on International Relations) and No. 95-1545 (Comm. of eonference). CONGRESSIONAL RECORD, Vol. 124 (1978): May 11, 12, 15, considered and passed House. June 26, considered and passed Senate, amended, in lieu of S. 3074. Sept. 19, House agreed to conference report. Sept. 20, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 40: Oct. 6, Presidential statement.

note.

Repeal. 22 USC 2222, 2224, 2292d, 2292g, 2368, 2369, 2397, 2408, 2410, 2415, 2416, 2418, 2425, 2271, 2281. 22 USC 2151 note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1016

 92 STAT. 962

PUBLIC LAW 95-425—OCT. 6, 1978

Public Law 95-425 95th Congress An Act Oct. 6, 1978 [H.R. 11567]

Securities and Exchange Commission. Appropriation authorization.

To amend the Securities Exchange Act of 1934 to authorize appropriations for the Securities and Exchange Commission for fiscal years 1979 and 1980, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 35 of the Securities Exchange Act of 1934 (15 U.S.C. 78kk) is amended— (1) by striking out "and" after "September 30, 1977," in the first sentence; (2) by inserting before the period at the end of the first sentence a comma and the following: "$69,000,000 for the fiscal year ending September 30, 1979, and $79,000,000 for the fiscal year ending September 30, 1980"; and (3) by striking out "fiscal year 1978" in the last sentence and inserting in lieu thereof "fiscal year 1980". SEC. 2. Section 3(b) of the Securities Act of 1933 (15 U.S.C. 77c(b)) is amended by striking out "$1,500,000" and inserting in lieu thereof "$2,000,000". Approved October 6, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1010 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 95-1057 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 4, considered and passed House. Aug. 9, considered and passed Senate, amended. Sept. 7, House concurred in Senate amendments with an amendment. Sept. 20, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1017

 PUBLIC LAW 95-426—OCT. 7, 1978

92 STAT. 963

Public Law 95-426 95th Congress An Act To authorize appropriations for fiscal year 1979 for the Department of State, the International Communication Agency, and the Board for International Broadcasting, to make changes in the laws relating to those agencies, to make changes in the Foreign Service personnel system, to establish policies and responsibilities with respect to science, technology, and American diplomacy, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemhted^ SHORT TITLE

Oct. 7, 1978 [H.R. 12598]

Foreign Relations Authorization Act, Fiscal Year 1979.

1. This Act may be cited as the "Foreign Relations Authorization Act, Fiscal Year 1979". SECTION

TITLE I—DEPARTMENT OF STATE AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1979

SEC. 101. (a) There are authorize^ to be appropriated for the Department of State for the fiscal year 1979 to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States, including trade negotiations, and other purposes authorized by law, the following amounts: (1) For "Administration of Foreign Affairs", $849,118,000. (2) For "International Organizations and Conferences", $412,826,000. (3) For "International Commissions", $20,773,000. (4) For "Migration and Refugee Assistance", $116,536,000. (5) For increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs, such amounts as may be necessary. (b) Amounts appropriated under this section are authorized to remain available until expended. (c) Funds authorized to be appropriated for the fiscal year 1979 by paragraphs (1) through (4) of subsection (a) may be appropriated for the fiscal year 1979 for a purpose for which appropriations are authorized by any other of those paragraphs, except that the total amount appropriated for a purpose described in any of those paragraphs may not exceed by more than 10 percent the amount specifically authorized for that purpose by subsection (a).

.,. '.%-.

SUPPLEMENTAL AUTHORIZATION FOR FISCAL YEAR 1978 FOR INTERNATIONAL ORGANIZATIONS AND CONFERENCES

SEC. 102. Section 101(a)(2) of the Foreign Relations Authoriza- 91 Stat. 844. tion Act, Fiscal Year 1978, is amended by striking out "$389,412,000" and inserting in lieu thereof "$426,687,000".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1018

 92 STAT. 964

PUBLIC LAW 95-426—OCT. 7, 1978 UNITED NATIONS CONFERENCE ON SCIENCE AND TECHNOLOGY FOR DEVELOPMENT

1 >

S E C 103. (a) The Congress find that— (1) science and technology are keys to eradicating hunger and I poverty in developing countries; (2) the ability of the developing countries to achieve selfsustaining growth has been hindered by the lack of an indigenous scientific and technological base; (3) this scientific and technological base is vital to the emergence of developing countries as full and equal partners in the international system; (4) expanded cooperation with respect to science and technology can significantly contribute to an improved North-South relationship; and (5) the United Nations Conference on Science and Technology for Development offers a valuable forum for the analysis of problems of development that might be alleviated or solved with the aid of scientific and technical expertise. (b) I t is therefore the sense of the Congress that the United States should strongly support the purpose of the United Nations Conference on Science and Technology for Development and that the United States delegation to this conference should actively develop and offer proposals which would facilitate an expansion of mutually beneficial cooperation among developed and developing countries with respect to science and technology, including joint education and research and development programs. (c) In addition to amounts otherwise available for such purpose, $945,000 of the amount authorized to be appropriated by section 101 (a)(1) of this Act shall be available only for expenses incurred by the Department of State in connection with the United Nations Conference on Science and Technology for Development, including expenses for preparatory conferences and seminars held in the United States. MEMORIAL STATUTE OF GENERAL MARSHALL

Commission, establishment.

Compensation.

SEC 104. (a) The Secretary of State is authorized to acquire on behalf of the United States a memorial statue or bust of General George C. Marshall (hereafter in this section referred to as the "memorial") to be placed in an appropriate location within the Department of State. (b)(1) To assist the Secretary of State in carrying out the provisions of subsection (a), there is established a Commission to be composed of seven members as follows: (A) The Secretary, who shall be the chairman of the Commission. (B) Two members appointed by the Secretary. (C) Two members appointed by the chairman of the Committee on Foreign Relations of the Senate. (D) Two members appointed by the chairman of the Committee on International Relations of the House of Representatives. Members of the Commission shall serve without compensation. (2) The Commission shall operate under the direction of the Secretary of State and, subject to final approval by the Secretary, shall select the sculptor for the memorial and select its size, style, design, and material.

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 PUBLIC LAW 95-426—OCT. 7, 1978

92 STAT. 965

(3) The Commission shall cease to exist upon completion of its Termination, functions under this section, as determined by the Secretary. (c)(1) Of the funds authorized to be appropriated by section 101 (a)(1) of this Actj not more than $10,000 may be used for payment of costs incurred in carrying out subsection (a) of this section. (2) All other costs incurred in carrying out subsection (a) shall be paid by the Secretary of State with funds contributed to the United States for such purpose. (d) The Secretary of State shall be responsible for maintenance and care of the memorial. rOREIGN MISSION SOLAR ENERGY

DEMONSTRATION

SEC. 105. (a) It is the purpose of this section to provide for the dem- 22 USC 292a. onstration of solar energy and other renewable energy technologies in foreign countries through the use of such energy in buildings acquired under subsection (a) of the first section of the Foreign Service Buildings Act, 1926 (22 U.S.C. 292 (a)), in order that— (1) countries in which such buildings are located may be given visible incentives to develop and use local solar energy or other renewable energy resources to reduce dependence upon petroleum and petroleum products; (2) markets may be developed for American solar energy systems and components in order to stimulate investment in such systems and components and to reduce the costs of such systems and components to reasonable levels; (3) in furtherance of the purpose of section 119 of the Foreig^i Assistance Act of 1961 (22 U.S.C. 2151q), cooperation may be developed between the United States and other countries in an effort to develop solar energy or other renewable energy systems within a short period of time; and (4) equipment which is vital to the operation of sensitive systems within United States missions abroad may be made more reliable and less dependent upon interruptible local energy supplies. (b)(1) The Secretary of State shall implement projects for the application of solar energy or other forms of renewable energy in buildings acquired under subsection (a) of the first section of the Foreign Service Buildings Act, 1926. 22 USC 292. (2) The Secretary of State shall select projects under paragraph consultation with (1) in consultation with the Secretary of Energy. Such projects shall Secretary of apply available solar energy and other renewable energy technologies, Energy including those for— (A) the heating and cooling of buildings; (B) solar thermal electric systems; (C) solar photovoltaic conversion systems; * ^ (D) wind energy systems; and (E) systems for developing fuels from biomass. The Secretary of Energy shall inform the Secretary of State of all such technologies which are feasible for such projects, taking into account the resources and environmental conditions of the countries in which such projects are to be implemented. Upon the request of the Secre- Technical tary of State, the Secretary of Energy shall provide to the Secretary assistance. of State any technical information or other technical assistance which the Secretary of State considers necessary with respect to any such project. Any project selected under this section should be similar to

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1020

 92 STAT. 966

-•, it 22 USC 292.

PUBLIC LAW 95-426—OCT. 7, 1978 projects which have been demonstrated by the Department of Energy (or any of its predecessor agencies) to be reliable, maintainable, and technically feasible. (3) Any project selected under this section shall be adaptable to the local resources, climatic conditions, and economic circumstances of the country in which such project is implemented in order that such country will be more likely to implement similar projects. (4) The Secretary of State shall insure that any project selected under this section is demonstrated to, and available for inspection by, officials and other citizens of the country in which such project is implemented. (5) In selecting projects under this section, the Secretary of State shall give priority to projects to be implemented in developing countries. (c) Whenever any building is constructed under the authority contained in the first section of the Foreign Service Buildings Act, 1926, the Secretary of State shall insure that the planning for such construction takes into account those renewable energy systems which are available in the country in which the building is to be constructed. (d) In addition to amounts otherwise available for such purposes, $4,000,000 of the amount authorized to be appropriated by section 101 (a)(1) of this Act shall be available only to carry out the purposes of this section. ASSISTANCE FOR REFUGEES SETTLING I N ISRAEL

'

SEC. 106. Of the amount authorized to be appropriated by section 101(a)(4) of this Act, $25,000,000 shall be available only for assistance for the resettlement in Israel of refugees from the Union of Soviet Socialist Republics and from Communist countries in Eastern Europe. ASSISTANCE FOR REFUGEES I N AFRICA

SEC. 107. In addition to amounts otherwise available for such purpose, $5,000,000 of the amount authorized to be appropriated by section 101(a)(4) of this Act shall be available only for assistance for refugees in Africa. AID TO DESTITUTE AMERICANS ABROAD

Effective date. 22 USC 2670 °0t6-

SEC. 108. (a) Section 3(j) of the Act entitled "An Act to provide certain basic authority for the Department of State", approved August 1, 1956 (22 tf.S.C. 2670(j)), is amended by inserting "or destitute United States citizens abroad" immediately after "incarcerated abroad". (b) The amendment made by this section shall take effect on October 1, 1978. WORKING CAPITAL F U N D

,,:

SEC. 109. (a) Section 13 of the Act entitled "An Act to provide certain basic authority for the Department of State", approved August 1, 1956 (22 U.S.C. 2684), is amended— (1) by striking out "supply" in clause (2) in the first sentence; (2) by striking out ", and" at the end of clause (2) in the first sentence and inserting in lieu thereof a semicolon; (3) by inserting immediately before the period at the end of the first sentence "; and (4) rnedical and health care services";

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 PUBLIC LAW 95-426—OCT. 7, 1978

92 STAT. 9(57

(4) by striking out the third sentence; and (5) by inserting " (a) " immediately after "SEC. 13." and by adding the following new subsection at the end of the section: "(b) The current value of supplies returned to the working capital fund by a post, activity, or agency may be charged to the fund. The proceeds thereof shall, if otherwise authorized, be credited to current applicable appropriations and shall remain available for expenditures for the same purposes for which those appropriations are available. Credits may not be made to appropriations under this subsection as the result of capitalization of inventories.". (b) The amendments made by this section shall take effect on Octo- Effective date. 22 USC 2684 ber 1, 1978. note.

REPRESENTATION EXPENSES OF THE INTERNATIONAL JOINT COMMISSION, UNITED STATES AND CANADA

SEC. 110. (a) Section 19 of the Act entitled " A n Act to provide certain basic authority for the Department of State", approved August 1, 1956 (22 U.S.C. 2689), is amended by striking out "not to exceed $1,500 of the". (b) The amendment made by this section shall take effect on Octo- Effective date. 22 USC 2689 ber 1, 1978. CONSOLIDATION OF ADMINISTRATIVE SERVICES

note.

SEC. 111. (a) The Act entitled " A n Act to provide certain basic authority for the Department of State", approved August 1, 1956, is amended by a d d i n g a t the end thereof the following new section: " SEC. 23. Whenever the head of any Federal agency performing any 22 USC 2695 foreign affairs functions (including, but not limited to, the Department of State, the International Communication Agency, the Agency for International Development, and the A r m s Control and Disarmament Agency) determines that administrative services performed in common by the Department of State and one or more other such agencies may be performed more advantageously and more economically on a consolidated basis, the Secretary of State and the heads of the other agencies concerned may, subject to the approval of the Director of the Office of Management and Budget, conclude an agreement which provides for the transfer to and consolidation within the Department or within one of the other agencies concerned of so much of the functions, personnel, property, records, and funds of the Department and of the other agencies concerned as may be necessary to enable the performance of those administrative services on a consolidated basis for the benefit of all agencies concerned. Agreements for consolidation of administrative services under this section shall provide for reimbursement or advances of funds from the agency receiving the service to the agency performing the service in amounts which will approximate the expense of providing administrative services for the serviced agency.". (b) The amendment made by this section shall take effect on Effective date. 22 USC 2695 October 1, 1978. POST EMPLOYEE SERVICES

SEC. 112. (a) Part C of title IX of the Foreign Service Act of 1946 (22 U.S.C. 1139) is amended— (1) by striking out "COMMISSARY SERVICE" in the heading for

that part and inserting in lieu thereof " P O S T EMPLOYEE SERVICES":

and

note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1022

 92 STAT. 968 22 USC 1139.

Effective date.

22 USC 1139 note.

PUBLIC LAW 95-426—OCT. 7, 1978 (2) by amending subsections (b) and (c) of section 921 to read as follows: "(b) The Secretary, under such regulations as he may prescribe, may authorize and assist in the establishment, maintenance, and operation by officers and employees of the Service of non-Governmentoperated services and facilities at posts abroad, including the furnishing of space, utilities, and properties owned or leased by the United States for use by its diplomatic and consular missions. The provisions of the Foreign Service Buildings Act, 1926 (22 U.S.C. 292-300), and section 13 of the Act entitled 'An Act to provide certain basic authority for the Department of State', approved August 1, 1956 (22 U.S.C. 2684), may be utilized by the Secretary in providing such assistance. Services and facilities established under this subsection shall be made available, insofar as practicable, to officers and employees of other Government agencies and their dependents who are stationed abroad. Such services and facilities shall not be established in localities where another United States agency operates similar services or facilities unless the Secretary determines that such additional services or facilities are necessary. "(c) Charges at any post abroad for a service or facility authorized or assisted under this section shall be at the same rate for all civilian personnel of the Government serviced thereby, and all charges for supplies furnished to such a service or facility abroad by any Government agency shall be at the same rate as that charged by the furnishing agency to its comparable civilian services and facilities.". (b) The amendments made by this section shall take effect on October 1, 1978. F U R N I S H I N G MEDICAL, SERVICES ABROAD

SEC. 113. (a) Part E of title IX of the Foreign Service Act of 1946 is amended— (1) in section 942 (22 U.S.C. 1157) by striking out " (a) " and by striking out subsection (b); and (2) by adding at the end of that part the following new section: ' F U R N I S H I N G MEDICAL SERVICES ABROAD

22 USC 1160.

Effective date.

22 USC 1157 note.

"SEC. 945. The Secretary may establish medical treatment and health care facilities and provide for the services of physicians, nurses, or other medical or health care personnel at a post at which, in the opinion of the Secretary, sufficient personnel are employed to warrant such facilities or services.". (b) The amendments made by this section shall take effect on October 1, 1978. ^ ,: ^. ^ I „,,;.,,

Deputy Under Secretary of State, assumption of duties. 22 USC 2652

UNDER SECRETARY OF STATE FOR MANAGEMENT

SEC. 114. (a)(1) The first section of the Act entitled "An Act to strengthen and improve the organization and administration of the Department of State, and for other purposes", approved May 26, 1949 (22 U.S.C. 2652), is amended by striking out "a Deputy Under Secretary of State" and inserting in lieu thereof "an Under Secretary of State for Management". (2) The individual holding the office of Deputy Under Secretary of State on the effective date of this section shall assume the duties of Under Secretary of State for Management and shall not be required to be reappointed by reason of the enactment of this section.

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 :-***^PUBLIC LAW 95-426—OCT. 7, 1978

92 STAT. 969

(b)(1) Paragraph (9) of section 5314 of title 5, United States Code, is amended by inserting "and Under Secretary of State for Management" immediately after "Programs". Repeal. (2) Paragraph (10) of section 5315 of such title is repealed. (c) The amendments made by this section shall take effect on 5 USC 5315. Effective date. October 1, 1978.

5 USC 5314 note.

ASSISTANT SECRETARY OF STATE FOR INTERNATIONAL MATTERS

NARCOTICS

SEC. 115. (a) There is established in the Department of State, in 22 USC 2652a. addition to the positions provided under the first section of the Act of May 26, 1949 (22 U.S.C. 2652), an Assistant Secretary of State for International Narcotics Matters, who shall be appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretary shall be responsible for the overall coordination of the role of the Department of State in the international aspects of narcotics problems. (b)(1) Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: "(122) Assistant Secretary for International Narcotics Matters, Department of State.". (2) The amendment made by paragraph (1) of this subsection shall Effective date. 5 USC 5315 note. take effect on October 1, 1978. DEFINITION OF C H I E F OF MISSION

SEC. 116. Para2;raph (9) of section 121 of the Foreign Service Act of 1946 (22 U.S.C. 802(9)) is amended by striking out "or diplomatic agent" and inserting in lieu thereof "diplomatic agent, or the head of a United States office abroad which is designated by the Secretary as having a purpose diplomatic in nature". .

RESPONSIBILITIES OF A C H I E F OF MISSION

SEC. 117. Section 16 of the Act entitled "An Act to provide certain basic authority for the Department of State", approved August 1, 1956 (22 U.S.C. 2680a), is amended— (1) in paragraph (1) by striking out "Ambassador to" and inserting in lieu thereof "chief of mission (as defined in section 121 (9) of the Foreign Service Act of 1946) in"; 22 USC 802. (2) in paragraph (2) by striking out "Ambassador" and inserting in lieu thereof "chief of mission"; and (3) in paragraph (3)— (A) by striking out "Ambassador to" and inserting in lieu thereof "chief of mission in"; and (B) by striking out "the Ambassador" and inserting in lieu thereof "the chief of mission". DETAILING OF STATE DEPARTMENT

PERSONNEL

SEC. 118. Section 11(a) of the Department of State Appropriations Authorization Act of 1973 (22 U.S.C. 2685 (a)) is amended— (1) by striking out "ninety days" and inserting in lieu thereof "one year"; and (2) by adding at the end thereof the following new sentence: "Officers and employees of the Department of State who are detailed, assigned, or otherwise made available to another Execu-

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