[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3690 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3690

   To require that development assistance may be provided to certain 
      governmental or nongovernmental organizations only if those 
  organizations use that assistance in democratic countries, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 22, 1993

 Mr. Santorum introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
   To require that development assistance may be provided to certain 
      governmental or nongovernmental organizations only if those 
  organizations use that assistance in democratic countries, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REQUIREMENTS FOR PROVISION OF DEVELOPMENT ASSISTANCE.

    (a) In General.--Except as provided in subsection (b), development 
assistance may be provided to a governmental or nongovernmental 
organization only if that organization--
            (1) provides assurances that it will use such development 
        assistance to provide assistance only to individuals or 
        organizations that are located in countries, the governments of 
        which--
                    (A) promote a political process open to members of 
                society with free and fair elections;
                    (B) adhere to the rule of law and fairness of the 
                judicial process;
                    (C) respect individual rights, including freedom of 
                association, assembly, press, and religion; and
                    (D) do not engage in a consistent pattern of gross 
                violations of internationally recognized human rights;
            (2) has, at a minimum, an adequate system of financial 
        auditing and accounting procedures applicable to the provision 
        of such assistance; and
            (3) provides assurances that not more than 10 percent of 
        the amount of development assistance allocated for any program, 
        project, or activity will be used by a recipient for 
        administrative costs associated with such program, project, or 
        activity.
    (b) Waiver.--The President may waive the requirements in 
subparagraphs (A) through (D) of subsection (a)(1) with respect to a 
government only if the President certifies to the Congress that such 
government is making substantial progress toward meeting such 
requirements.
    (c) Termination of Assistance Upon Determination of Misuse of 
Funds.--Upon a determination by the inspector general of the agency 
primarily responsible for administering part I of the Foreign 
Assistance Act of 1961 that an organization receiving development 
assistance under subsection (a) has used funds in a manner inconsistent 
with the purpose of any program, project, or activity for which such 
funds were provided, then development assistance may not be provided to 
such organization for the 5-year period beginning on the date of such 
determination.
    (d) Development Assistance Defined.--For purposes of this section, 
the term ``development assistance'' means--
            (1) assistance under chapter 1 or chapter 10 of part I of 
        the Foreign Assistance Act of 1961 (relating to development 
        assistance and the Development Fund for Africa);
            (2) assistance under chapter 11 of part I of the Foreign 
        Assistance Act of 1961 (relating to assistance for the 
        independent states of the former Soviet Union);
            (3) assistance under chapter 4 of part II of that Act 
        (relating to the economic support fund);
            (4) assistance under the Support for East European 
        Democracy (SEED) Act of 1989; or
            (5) assistance under the Agricultural Trade Development and 
        Assistance Act of 1954 (Public Law 480), excluding the sale of 
        agricultural commodities under title I of that Act.

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