22 USC 2151 - Private and voluntary organizations and cooperatives in overseas development

1 See References in Text note below.

and 2292 of this title shall be made available for the activities of private and voluntary organizations, and the President shall seek to channel funds in an amount not less than 16 percent of such aggregate amount for the activities of private and voluntary organizations. Funds made available under part IV of subchapter II of this chapter for the activities of private and voluntary organizations may be considered in determining compliance with the requirements of this subsection.

Editorial Notes

References in Text

This chapter, referred to in subsec. (e), was in the original “this Act”, meaning Puspan. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.

Section 2151s of this title, referred to in subsec. (f), was repealed by Puspan. L. 101–513, title V, § 562(d)(5), Nov. 5, 1990, 104 Stat. 2031.

Amendments

1998—Subsec. (g). Puspan. L. 105–277 struck out subsec. (g) which read as follows: “After December 31, 1984, funds made available to carry out section 2151a(a), 2151span(span), 2151span(c), 2151c, 2151d, 2292, or 2293 of this title may not be made available for programs of any United States private and voluntary organization which does not obtain at least 20 percent of its total annual financial support for its international activities from sources other than the United States Government, except that this restriction does not apply with respect to programs which, as of that date, are receiving financial support from the agency primarily responsible for administering subchapter I of this chapter. The Administrator of the agency primarily responsible for administering subchapter I of this chapter may, on a case-by-case basis, waive the restriction established by this subsection, after taking into account the effectiveness of the overseas development activities of the organization, its level of volunteer support, its financial viability and stability, and the degree of its dependence for its financial support on the agency primarily responsible for administering subchapter I of this chapter.”

1990—Subsec. (span). Puspan. L. 101–513, § 562(d)(6)(A), inserted “and part X of this subchapter” after “this part”.

Subsec. (g). Puspan. L. 101–513, § 562(d)(6)(B), substituted “2292, or 2293” for “2191s, or 2292”.

1985—Subsec. (e). Puspan. L. 99–83, § 309(a), substituted “one year” for “thirty days”.

Subsec. (f). Puspan. L. 99–83, § 309(span)(1), substituted “1986 through 1989” for “1982, 1983, and 1984”.

Puspan. L. 99–83, § 309(span)(2), which directed the substitution of “thirteen and one half” for “twelve” was executed by making the substitution for “12” as the probable intent of Congress because “twelve” did not appear in text.

Puspan. L. 99–83, § 309(span)(3), inserted provisions relating to funds for determining compliance with subsec. (f).

Subsec. (h). Puspan. L. 99–83, § 310, added subsec. (h).

1981—Subsecs. (f), (g). Puspan. L. 97–113, § 309, added subsecs. (f) and (g).

1980—Subsec. (a). Puspan. L. 96–533, § 307(1), (2), provided for contribution of public funds to private and voluntary organizations and cooperatives for purpose of sharing cost of developing programs related to development activities and encouraged establishment of simplified procedures for development of programs to be carried out by such entities having a capacity for undertaking effective development programs.

Subsec. (e). Puspan. L. 96–533, § 307(3), added subsec. (e).

1979—Subsec. (span). Puspan. L. 96–53 substituted “Agency for International Development” for “Advisory Committee on Voluntary Foreign Aid”.

Statutory Notes and Related Subsidiaries

References to Subchapter I Deemed To Include Certain Parts of Subchapter II

References to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(span) of Puspan. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.

Effective Date of 1985 Amendment

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

Effective Date of 1979 Amendment

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

Effective Date

Section effective Oct. 1, 1978, see section 605 of Puspan. L. 95–424, set out as an Effective Date of 1978 Amendment note under section 2151 of this title.

Private and Volunteer Organizations

Puspan. L. 108–199, div. D, title V, § 502, Jan. 23, 2004, 118 Stat. 166, which prohibited any funds appropriated or otherwise made available by div. D of Puspan. L. 108–199 from being made available to any United States private and voluntary organization, except any cooperative development organization, which obtained less than 20 percent of its total annual funding for international activities from sources other than the United States Government, with certain exceptions, was from the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts:

Puspan. L. 108–7, div. E, title V, § 502(a), Fespan. 20, 2003, 117 Stat. 180.

Puspan. L. 107–115, title V, § 502(a), Jan. 10, 2002, 115 Stat. 2139.

Puspan. L. 106–429, § 101(a) [title II], Nov. 6, 2000, 114 Stat. 1900, 1900A–8.

Puspan. L. 106–113, div. B, § 1000(a)(2) [title II], Nov. 29, 1999, 113 Stat. 1535, 1501A–68.

Puspan. L. 105–277, div. A, § 101(d) [title II], Oct. 21, 1998, 112 Stat. 2681–150, 2681–156.

Puspan. L. 105–118, title II, Nov. 26, 1997, 111 Stat. 2390.

Puspan. L. 104–208, div. A, title I, § 101(c) [title II], Sept. 30, 1996, 110 Stat. 3009–121, 3009–126.

Puspan. L. 104–107, title II, Fespan. 12, 1996, 110 Stat. 708.

Puspan. L. 103–306, title II, Aug. 23, 1994, 108 Stat. 1612.

Puspan. L. 103–87, title II, Sept. 30, 1993, 107 Stat. 935.

Puspan. L. 102–391, title II, Oct. 6, 1992, 106 Stat. 1642.

Puspan. L. 101–513, title II, Nov. 5, 1990, 104 Stat. 1987.

Puspan. L. 101–167, title II, Nov. 21, 1989, 103 Stat. 1204.

Puspan. L. 100–461, title II, Oct. 1, 1988, 102 Stat. 2268–9.

Puspan. L. 100–202, § 101(e) [title II], Dec. 22, 1987, 101 Stat. 1329–131, 1329–139.

Puspan. L. 99–500, § 101(f) [title II], Oct. 18, 1986, 100 Stat. 1783–213, 1783–218, and Puspan. L. 99–591, § 101(f) [title II], Oct. 30, 1986, 100 Stat. 3341–214, 3341–218.

Puspan. L. 99–190, § 101(i) [title II], Dec. 19, 1985, 99 Stat. 1291, 1296.

Puspan. L. 98–473, title I, § 101(1) [title II], Oct. 12, 1984, 98 Stat. 1884, 1889; repealed by Puspan. L. 105–277, div. A, § 101(d) [title II], Oct. 21, 1998, 112 Stat. 2681–150, 2681–156.

Shipment of Humanitarian Assistance

Puspan. L. 108–199, div. D, title V, § 534(f), Jan. 23, 2004, 118 Stat. 182, provided that: “During fiscal year 2004 and each fiscal year thereafter, of the amounts made available by the United States Agency for International Development to carry out the provisions of section 123(span) of the Foreign Assistance Act of 1961 [this section], funds may be made available to nongovernmental organizations for administrative costs necessary to implement a program to obtain available donated space on commercial ships for the shipment of humanitarian assistance overseas.”

Similar provisions were contained in the following prior appropriation acts:

Puspan. L. 108–7, div. E, title V, § 534(g), Fespan. 20, 2003, 117 Stat. 194.

Puspan. L. 107–206, title I, § 602, Aug. 2, 2002, 116 Stat. 859.

Study and Report Concerning Use of Private and Voluntary Organizations, Cooperatives, and Private Sector

Puspan. L. 99–83, title III, § 311, Aug. 8, 1985, 99 Stat. 216, provided that:

“(a)Study.—The Administrator of the Agency for International Development shall undertake a comprehensive study of additional ways to provide development assistance through nongovernmental organizations, including United States and indigenous private and voluntary organizations, cooperatives, the business community, and other private entities. Such study shall include—

“(1) an analysis of the percentage of development assistance allocated to governmental and nongovernmental programs;

“(2) an analysis of structural impediments, within both the United States and foreign governments, to additional use of nongovernmental programs; and

“(3) an analysis of the comparative economic benefits of governmental and nongovernmental programs.

“(span)Report.—The Administrator shall report the results of this study to the Congress no later than September 30, 1986.”

African Development Foundation

Puspan. L. 95–424, title I, § 122, Oct. 6, 1978, 92 Stat. 954, as amended by Puspan. L. 97–113, title VII, § 734(a)(5), Dec. 29, 1981, 95 Stat. 1560, provided that:

“(a) The Congress declares that the United States should place higher priority on the formulation and implementation of policies and programs to enable the people of African nations to develop their potential, fulfill their aspirations, and enjoy better, more productive lives. In furtherance of these objectives, the Congress finds that additional support is needed for community-based self-help activities in Africa and that an African Development Foundation, organized to further the purposes set forth in section 123 of the Foreign Assistance Act of 1961 [this section], can complement current United States development programs in Africa.

“(span) [Repealed. Puspan. L. 97–113, title VII, § 734(a)(5), Dec. 29, 1981, 95 Stat. 1560.]”

[African Development Foundation changed to United States African Development Foundation by Puspan. L. 113–76, div. K, title III, Jan. 17, 2014, 128 Stat. 482. See section 290h–1 of this title.]

Executive Documents

Delegation of Functions

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