[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 422 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 422

To authorize the appropriations for international economic and security 
                              assistance.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 15 (legislative day, January 30), 1995

Mr. McConnell (for himself, Mr. Coverdell, and Mr. D'Amato) introduced 
the following bill; which was read twice and referred to the Committee 
                          on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To authorize the appropriations for international economic and security 
                              assistance.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Partnership and 
Prosperity Act of 1995''.

SEC. 2. ORGANIZATION OF ACT AND TABLE OF CONTENTS.

    (a) Organization.--This act is organized into titles as follows:

                 TITLE I--BILATERAL ECONOMIC ASSISTANCE

           TITLE II--SECURITY ASSISTANCE AND RELATED PROGRAMS

           TITLE III--TRADE, INVESTMENT AND EXPORT PROMOTION

             TITLE IV--INTERNATIONAL FINANCIAL INSTITUTIONS

                          TITLE V--MIDDLE EAST

            TITLE VI--EUROPE AND THE NEW INDEPENDENT STATES

                     TITLE VII--SPECIAL AUTHORITIES

        TITLE VIII--REPORTS, LIMITATIONS, AND GENERAL PROVISIONS

    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act and table of contents.
Sec. 3. Statement of United States foreign assistance policy.
                 TITLE I--BILATERAL ECONOMIC ASSISTANCE

Sec. 101. General policy and objectives.
Sec. 102. International organizations and programs.
Sec. 103. Disaster assistance.
Sec. 104. Migration and refugee assistance.
Sec. 105. Peace corps.
Sec. 106. Authorization of appropriations for economic aid.
Sec. 107. Administrative authority.
           TITLE II--SECURITY ASSISTANCE AND RELATED PROGRAMS

Sec. 201. General policy and basic objectives.
Sec. 202. General authority.
Sec. 203. Conditions of eligibility.
Sec. 204. International military education and training.
Sec. 205. Peacekeeping operations.
Sec. 206. Antiterrorism assistance.
Sec. 207. Modernization of defense capabilities.
Sec. 208. Special authority.
Sec. 209. Overseas management of assistance.
Sec. 210. Authorization of appropriation for security assistance and 
                            related programs.
           TITLE III--TRADE, INVESTMENT AND EXPORT PROMOTION

Sec. 301. General policy and basic objectives.
Sec. 302. Authority and consolidation of functions.
             TITLE IV--INTERNATIONAL FINANCIAL INSTITUTIONS

Sec. 401. Authorization of appropriation.
Sec. 402. Enterprise for the Americas.
                          TITLE V--MIDDLE EAST

Sec. 501. General policy and basic objectives.
Sec. 502. Camp David accord authorization of appropriation.
Sec. 503. Middle East Peace Facilitation Act.
Sec. 504. Loan guarantees for Israel.
            TITLE VI--EUROPE AND THE NEW INDEPENDENT STATES

Sec. 601. General policy.
Sec. 602. Authorization for appropriation for SEED Act activities.
Sec. 603. Authorization of assistance for the new independent states.
Sec. 604. Eligibility for assistance for new independent states.
Sec. 605. Administrative authorities.
                     TITLE VII--SPECIAL AUTHORITIES

Sec. 701. Contingencies.
Sec. 702. Transfer between accounts.
Sec. 703. Special waiver authority.
        TITLE VIII--REPORTS, LIMITATIONS AND GENERAL PROVISIONS

                   Chapter A--Reporting Requirements

Sec. 801. Report on human rights.
Sec. 802. Report on narcotics control.
Sec. 803. Notification of program changes.
Sec. 804. Annual allocation report.
Sec. 805. Presidential findings and determinations.
                  Chapter B--Limitations on Assistance

Sec. 811. Ineligible countries.
                  Chapter C--Administrative Provisions

                       Subchapter 1--Procurement

Sec. 821. Procurement standards and procedures.
Sec. 822. Shipping on United States vessels.
Sec. 823. Retention and use of certain items and funds.
                 Subchapter 2--Inter-Agency Authorities

Sec. 831. Allocation of funds and reimbursement among agencies.
Sec. 832. Authority to conduct reimbursable programs.
                  Subchapter 3--General Administration

Sec. 841. General authorities.
Sec. 842. Authorized administrative uses of funds.
Sec. 843. Termination expenses.
                        Subchapter 4--Personnel

Sec. 851. Employment of personnel.
Sec. 852. Detail of personnel to foreign governments and international 
                            organizations.
Sec. 853. Offices abroad.
         Subchapter 5--Definitions, Conforming Changes, Repeals

Sec. 861. Definitions.
Sec. 862. Effective date.
Sec. 863. Savings provisions.
Sec. 864. Conforming amendments.
Sec. 865. Repeal of obsolete provisions.

SEC. 3. GENERAL STATEMENT OF UNITED STATES ASSISTANCE POLICY.

    The Congress finds that American peace and prosperity require the 
United States to exercise global leadership to advance economic and 
political freedom. Budgetary constraints and the end of the cold war 
compel a fundamental change in how the United States develops, 
implements and fulfills its international goals and mandate. Policy, 
assistance programs, and institutions must be integrated in order to 
execute a coherent, effective international strategy.
    Assistance under this Act shall be provided to achieve the 
following goals:
            (1) Protect United States security interests.
            (2) Strengthen United States economic interests through the 
        promotion of trade, investment, and free market principles.
            (3) Advance United States interests in stability through 
        the promotion of democratic institutions and the effective 
        management of transnational threats.

                 TITLE I--BILATERAL ECONOMIC ASSISTANCE

SEC. 101. GENERAL POLICY AND OBJECTIVES.

    (a) General Policy.--Development is the responsibility of the 
citizens of each sovereign nation. In considering a nation's request 
for assistance in carrying out those activities, Congress recognizes 
that expansion of the private sector produces jobs, income and real 
economic growth. Nations which emphasize government control and 
intervention restrict economic opportunity and impede the alleviation 
of poverty and related health and human crises.
    (b) Basic Objectives.--The President is authorized to provide 
bilateral economic assistance for the following purposes:
            (1) To promote economic reforms, conditions, and 
        institutions which contribute to the transition to free markets 
        and democracy.
            (2) To meet urgent disaster and humanitarian needs.
            (3) To control transnational threats.
    (c) Economic Opportunity.--United States assistance policy and 
programs shall take into consideration a nation's commitment to free 
market principles. The United States shall provide assistance under 
subsection (b)(1) of this section based upon an evaluation of each 
nation's progress and plans in the following areas:
            (1) Limiting the size of the state sector including an 
        assessment of policies regarding wage and price controls, state 
        ownership of production and distribution, and control of 
        financial institutions.
            (2) Encouragement of trade and foreign investment including 
        an assessment of tariff levels, quotas, and opportunity to 
        repatriate capital and profits.
            (3) Protection of the private sector including an 
        assessment of general tax policy and rights of ownership and 
        property.
    (d) Democratic Institutions.--Growth and prosperity can best be 
sustained when all people have the opportunity to actively participate 
in the economic, social, and political life of a nation. United States 
assistance shall contribute to the strengthening of institutions and 
organizations which expand political freedom and civil liberty.

SEC. 102. INTERNATIONAL ORGANIZATIONS AND PROGRAMS.

    (a) General Authority.--Consistent with the basic objectives in 
section 102 of this title the President is authorized to make voluntary 
contributions on a grant basis to international organizations and to 
programs administered by such organizations.
    (b) Withholding of United States Share.--Notwithstanding any other 
provision of law, none of the funds available to carry out this section 
shall be made available for the United States proportionate share for 
programs for Iran, Iraq, Libya, Cuba, the Democratic People's Republic 
of Korea, or Burma.
    (c) Report.--Beginning on March 15, 1996, and annually thereafter, 
the Secretary of State shall report to the Committees on Foreign 
Relations and Appropriations of the Senate and the Committees on 
International Relations and Appropriations of the House of 
Representatives on--
            (1) the budgets and accounts of all international 
        organizations receiving payments of any funds available to 
        carry out this section; and
            (2) the amount of funds expended by each international 
        organization or program including the amount contributed by the 
        United States.
    (d) Availability of Appropriations.--Of the funds appropriated 
under section 106, up to $200,000,000 shall be available to carry out 
the activities of this section.

SEC. 103. DISASTER ASSISTANCE.

    (a) General Authority.--The President is authorized to provide 
assistance under this title, notwithstanding any other provision of 
law, to alleviate human suffering caused by man-made and natural 
disasters, including reconstruction activities arising from such 
disasters. Emphasis should be given to protecting children, the most 
vulnerable population, and may include assistance relating to disaster 
preparedness, and to the prediction of, and contingency planning for, 
natural disasters abroad.
    (b) Availability of Appropriations.--Of the funds appropriated 
under section 106, $170,000,000 shall be available to carry out the 
activities of this section.

SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

    (a) General Policy.--Record levels of refugees from regional and 
ethnic conflicts as well as national policies of persecution continue 
to strain international resources. Consistent with American 
humanitarian concerns and traditions, the Congress recognizes the need 
to provide assistance in resettling refugees.
    (b) Availability of Appropriations.--Of the funds appropriated 
under section 106, $721,000,000 shall be available for the purposes of 
this section, and in accordance with the authorities contained in, the 
Migration and Refugee Assistance Act of 1962. Of this amount, 
$80,000,000 shall be provided for refugees from the former Soviet 
Union, Eastern Europe, and other nations resettling in Israel.

SEC. 105. PEACE CORPS.

    (a) Availability of Appropriations.--Of the funds appropriated 
under section 106, such funds as may be necessary shall be available 
for the purposes of, and in accordance with the authorities contained 
in, the Peace Corps Act.

SEC. 106. AUTHORIZATION OF APPROPRIATION.

    There are authorized to be appropriated to the President to carry 
out the purposes of this title, $3,100,000,000.

SEC. 107. ADMINISTRATIVE AUTHORITY.

    The Secretary of State shall coordinate all policies and programs 
and carry out all activities and programs under this title.

           TITLE II--SECURITY ASSISTANCE AND RELATED PROGRAMS

SEC. 201. GENERAL POLICY AND BASIC OBJECTIVES.

    (a) General Policy.--For more than four decades, United States 
security interests and commitments have reflected the imperatives of 
the cold war. The maintenance of United States military superiority, 
both nuclear and conventional, remains vital to American interests. 
Emerging threats, including the proliferation of weapons of mass 
destruction, terrorism, and the spread of ethnic and religious 
violence, call for new approaches to bilateral, regional and collective 
security arrangements.
    (b) Basic Objectives.--United States security assistance shall only 
be provided to--
            (1) enhance the military capabilities of a friendly nation 
        to meet legitimate self defense and security needs;
            (2) strengthen the military capabilities of a friendly 
        nation to permit effective participation in collective security 
        or peacekeeping activities;
            (3) support the efforts of a foreign government to combat 
        mutual, transnational threats including narcotics trafficking 
        and terrorism;
            (4) strengthen civilian and military relations consistent 
        with democratic principles with emphasis on improving military 
        standards of professionalism;
            (5) promote self defense and defense cooperation with 
        United States allies and friendly nations through the 
        acquisition of United States defense articles and services; and
            (6) support the transition to democracy.

SEC. 202. GENERAL AUTHORITY.

    The President is authorized to furnish security assistance to any 
friendly country, which is otherwise eligible to receive such 
assistance, by--
            (1) acquiring from any source and providing (by loan or 
        grant) any defense article or defense service;
            (2) assigning or detailing members of the Armed Forces of 
        the United States and other personnel to perform duties of a 
        noncombatant nature; or
            (3) transferring such of the funds appropriated or 
        otherwise made available under this section as the President 
        may determine for assistance to a recipient country, to the 
        account in which funds for the procurement of defense articles 
        and defense services under sections 21 and 22 of the Arms 
        Export Control Act have been deposited for such recipient, to 
        be merged with such deposited funds, and to be used solely to 
        meet obligations of the recipient for payment for sales under 
        that Act. Sales which are wholly paid from funds transferred 
        under paragraph (3) or from funds made available on a 
        nonrepayable basis under section 23 of the Arms Export Control 
        Act shall be priced to exclude the cost of salaries of Members 
        of the Armed Forces of the United States (other than the Coast 
        Guard).

SEC. 203. CONDITIONS OF ELIGIBILITY.

    In addition to such other provisions as the President may require, 
no defense articles, related training or other defense services under 
this title shall be furnished to any country unless it shall have 
agreed that--
            (1) it will not, without the consent of the President--
                    (A) transfer title to or possession of such 
                articles or services to anyone who is not an officer, 
                employees or agent of that country; or
                    (B) use or permit the use of such article or 
                services for purposes other than those for which 
                furnished; and
            (2) it will maintain the security of such articles or 
        services, and will provide substantially the same security 
        protection afforded such article or services by the United 
        States Government.

SEC. 204. INTERNATIONAL MILITARY EDUCATION AND TRAINING.

    (a) General Authority.--The President is authority to furnish on 
such terms and conditions consistent with this title, military 
education and training to military and related civilian personnel of 
foreign nations. Such civilian personnel may include foreign government 
personnel of ministries other than defense, or legislators, if the 
training or education contributes to responsible defense resource 
management, improvement in the relationship and understanding between 
the civilian and military sectors, or improvements in military justice 
systems. Such training and education may be provided through attendance 
in the United States of military educational and training facilities 
(other than the Service academies), attendance at special courses of 
instruction at schools and institutes of learning, or observation and 
orientation visits to military facilities.
    (b) Availabiliy of Appropriations.--Of the funds appropriated under 
Section 210, $55,000,000 shall be available to carry out this section. 
Of these funds, $15,000,000 shall be available to develop and 
administer programs in Lithuania, Estonia, Latvia, Poland, Hungary, the 
Czech Republic, and Slovakia.

SEC. 205. PEACEKEEPING OPERATIONS.

    (a) General Authority.--The President is authorized to furnish 
assistance to friendly countries and international organizations for 
peacekeeping operations in furtherance of the national security 
interests of the United States. Such assistance may include 
reimbursement to the Department of Defense for expense incurred 
pursuant to section 7 of the United Nations Participation Act, except 
that such reimbursement may not exceed $10,000,000, unless specifically 
authorized and appropriated.
    (b) None of the funds made available under this section may be used 
to train, equip, or support United States military personnel serving 
under United Nation's command.
    (c) Availability of Appropriations.--Of the funds appropriated 
under section 210, up to $75,000,000 shall be available to carry out 
this section. Of these funds, $10,000,000 shall be available to support 
a joint Baltic peacekeeping battalion, including training, equipment 
and other necessary services.

SEC. 206. ANTITERRORISM ASSISTANCE.

    (a) General Authority.--The President is authorized to provide 
assistance, training, services and commodities to foreign governments 
to enhance their ability to deter terrorists and terrorist groups from 
engaging in international acts such as bombings, hijackings, 
kidnappings, hostage taking, and assassinations.
    (b) Report.--Not less than thirty days before providing assistance 
to a foreign government under this section, the President shall submit 
to the Committees on Foreign Relations and Appropriations of the Senate 
and the Committees on Appropriations and International Relations of the 
House of Representatives, a written notification which specifies--
            (1) the country receiving the assistance;
            (2) the value and type of services, equipment, or other 
        commodities to be provided;
            (3) the terms and duration of assistance; and
            (4) an explanation of how the assistance will further the 
        objectives of subsection (a).

SEC. 207. MODERNIZATION OF DEFENSE CAPABILITIES.

    (a) Authority To Transfer Excess Defense Articles.--Notwithstanding 
any other provision of law and subject to subsection (b) the President 
may transfer--
            (1) to those member countries of the North Atlantic Treaty 
        Organization which are eligible for United States security 
        assistance and which are integrated into NATO's military 
        structure;
            (2) to major non-NATO allies on the south and southeastern 
        flank of NATO which are eligible for United States security 
        assistance;
            (3) to Latvia, Lithuania, Estonia, Poland, Hungary, the 
        Czech Republic, and Slovakia; and
            (4) to those countries in Latin America or the Caribbean 
        which have democratic governments and are major drug producing 
        or drug transit countries,
such excess defense articles as the President determines necessary to 
help modernize the defense capabilities of such countries. Such excess 
defense articles may be transferred without cost to the recipient 
countries.
    (b) Additional Transfer Authorities.--The President may transfer to 
countries which are otherwise eligible, such nonlethal excess defense 
articles as the President deems necessary.
    (c) Notifications.--The President may not transfer excess defense 
articles under this section until thirty days after he has notified the 
Committees on Foreign Relations, Appropriations, and Armed Services of 
the Senate and the Committees on International Relations, 
Appropriations, and National Security of the House of Representatives, 
of the proposed transfer.

SEC. 208. SPECIAL AUTHORITY.

    (a) Drawdown of Defense Articles.--If the President determines and 
reports to Congress in advance that--
            (1) an unforeseen emergency exists which requires immediate 
        military assistance to a foreign government or international 
        organization;
            (2) the emergency requirement cannot be met under the 
        authority of the Arms Export and Control Act, or any other law 
        except this section; and
            (3) the emergency threatens the vital national security 
        interests of the United States,
he may direct the drawdown of defense articles from the stocks of the 
Department of Defense, defense services of the Department of Defense 
and military education and training.
    (b) Drawdown for Humanitarian Purposes.--If the President 
determines and reports in writing to Congress in advance that it is the 
national interest to draw down defense articles of the Department of 
Defense, defense services of the Department of Defense or military 
education or training, he may direct--
            (1) the drawdown of such articles, services or provision of 
        training under the purposes and under the authority of section 
        103 of title I of this Act; or
            (2) the drawdown of such articles, services, or provision 
        of training for the purposes and under the authority of the 
        Migration and Refugee Act of 1962.
    (c) Ceiling on the Use of Authority.--An aggregate value of not to 
exceed $75,000,000 in any fiscal year of defense articles, services, 
education or training may be provided pursuant to this section.

SEC. 209. OVERSEAS MANAGEMENT OF ASSISTANCE.

    (a) Authority To Assign.--In order to carry out his 
responsibilities for the management of international security 
assistance programs under this title, and the Arms Export Control Act, 
the President may assign members of the Armed Forces of the United 
States to a foreign country to perform one or more of the following 
functions:
            (1) Equipment and services case management.
            (2) Training management.
            (3) Program monitoring.
            (4) Evaluation and planning of the host government's 
        military capabilities and requirements.
            (5) Administrative support.
            (6) Promoting rationalization, standardization, 
        interoperability, and other defense cooperation measures.
            (7) Liaison functions exclusive of advisory and training 
        assistance.
    (b) Cost of Management.--The entire costs (excluding the salaries 
of military personnel other than the Coast Guard) of management of 
international security assistance programs under this section shall be 
charged to or reimbursed from funds made available to carry out this 
title or the Arms Export Control Act, other than such costs which are 
either directly paid for such defense services under section 21(a) of 
the Arms Export Control Act or reimbursed from charges for services 
collected from foreign governments, pursuant to sections 21(e) and 
43(b) of that Act.
    (c) Supervision.--Members of the Armed Forces assigned to a foreign 
country under this section shall serve under the direction and 
supervision of the Chief of the United States Diplomatic Mission to 
that country.

SEC. 210. AUTHORIZATION OF APPROPRIATION FOR SECURITY ASSISTANCE AND 
              RELATED PROGRAMS.

    There are authorized to be appropriated to the President to carry 
out the purposes of this title, $400,000,000 including for the subsidy 
cost of direct and guaranteed loans under section 23 of the Arms Export 
Control Act.

           TITLE III--TRADE, INVESTMENT AND EXPORT PROMOTION

SEC. 301. GENERAL POLICY AND BASIC OBJECTIVES.

    (a) General Policy.--With the end of the Cold War's military 
rivalry, policy and resources should focus on the importance of 
establishing the United States as a competitive international economic 
power. Developing nations represent the largest and fastest growing 
markets for American goods and services. United States government 
support for American led private sector activities promotes economic 
growth abroad while increasing export and job opportunities at home.
    (b) Basic Objectives.--United States assistance shall be provided 
to expand American job, trade, and investment opportunities abroad.

SEC. 302. AUTHORITY AND CONSOLIDATION OF FUNCTIONS.

    (a) General Authority.--
            (1) Authority.--Sections 231 through 240B of the Foreign 
        Assistance Act of 1961, as in effect before the effective date 
        of this Act, shall be deemed to remain in effect on and after 
        that date.
            (2) Consolidation of functions.--To effectively coordinate 
        the use of resources available to promote United States trade 
        and investment opportunities, notwithstanding any other 
        provision of law, the President shall consolidate the 
        activities and programs of the Trade and Development Agency 
        with those of the Overseas Private Investment Corporation, and 
        the functions and programs contained in sections 661(a) and (b) 
        of the Foreign Assistance Act of 1961 as in effect before the 
        effective date of this Act shall be performed by such 
        Corporation.
    (b) Report.--Within sixty days from the date of enactment of this 
Act, the President shall submit a report to the Committees on Foreign 
Relations and Appropriations of the Senate and the Committees on 
International Relations and Appropriations of the House of 
Representatives on plans and legislative requirements necessary to 
achieve the goals of subsection (a)(2).
    (c) Authorization of Appropriations.--
            (1) There are authorized to be appropriated to the 
        President to carry out the purposes of subsection (a)(1), 
        $135,000,000 for the subsidy cost of direct loans and 
        guarantees for activities in furtherance of the objectives of 
        such subsection. In addition, there are authorized to be 
        appropriated to the President $40,000,000 for administrative 
        expenses to carry out the programs referenced in subsection 
        (a)(1).
            (2) There are authorized to be appropriated to the 
        President to carry out the consolidation of the Trade and 
        Development Agency and the Overseas Private Investment 
        Corporation, such funds as may be necessary.

             TITLE IV--INTERNATIONAL FINANCIAL INSTITUTIONS

SEC. 401. AUTHORIZATION OF APPROPRIATION.

    There are authorized to be appropriated to the President to fulfill 
obligations to international financial institutions, $1,800,000,000.

SEC. 402. ENTERPRISE FOR THE AMERICAS.

    Part IV of the Foreign Assistance Act of 1961, as in effect before 
the effective date of this Act, shall be deemed to remain in effect on 
and after that date.

                          TITLE V--MIDDLE EAST

SEC. 501. GENERAL POLICY AND BASIC OBJECTIVES.

    (a) General Policy.--(1) American interests in regional stability 
and security have been directly served by the close, cooperative 
relationship between Israel and the United States. The Congress 
strongly supports continuing to build and expand this economic, 
political and security partnership.
    (2) American interests are also enhanced by an expansion of the 
peace process begun with the historic accord achieved between Israel 
and Egypt at Camp David. Egypt's leadership during the Gulf war and the 
peace process has been key to expanding regional stability.
    (3) The Congress also recognizes the important accomplishments of 
the signing of the Declaration of Principles between Israel and the 
Palestinian Liberation Organization and the Peace Treaty signed between 
Israel and Jordan. The Congress supports a continued United States role 
in facilitating the fulfillment of the obligations and commitments 
included in these agreements, as well as expanding the peace process 
and improving regional economic ties.
    (b) Basic Objectives.--United States policy and assistance should--
            (1) expand the political, economic, and security alliance 
        between the United States and Israel;
            (2) sustain the commitments achieved in the Camp David 
        accord recognizing Egypt's leadership and contribution to 
        expanding regional cooperation, security and peace;
            (3) contribute to and encourage multilateral efforts to 
        support the implementation of the Declaration of Principles;
            (4) support the implementation of the Peace Treaty between 
        Israel and Jordan;
            (5) support regional efforts to combat terrorism and 
        political extremism; and
            (6) pursue concrete steps to end the Arab boycott.

SEC. 502. CAMP DAVID ACCORD AUTHORIZATION OF APPROPRIATION.

    There are authorized to be appropriated to the President to carry 
out the purposes of this title and, as appropriate, section 23 of the 
Arms Export Control Act, the following amounts:
            (1) For Israel, $1,800,000,000 for the fiscal year 1996. 
        This amount shall be made available on a grant basis as a cash 
        transfer and shall be disbursed thirty days after enactment of 
        an Act or Joint Resolution appropriating funds for foreign 
        operations, export financing, and related programs for fiscal 
        year 1996, or October 31, 1995, whichever is later. Of these 
        funds, up to $150,000,000 shall be available for research and 
        development in the United States and $475,000,000 shall be 
        available for procurement in Israel of defense articles and 
        defense services, including research and development. 
        Provisions relating to such assistance are included in section 
        201 and section 501 of this Act.
            (2) For Israel, $1,200,000,000 for fiscal year 1996. This 
        amount shall be made available on a grant basis as a 
cash transfer and shall be disbursed thirty days after enactment of an 
Act or Joint Resolution appropriating funds for foreign operations, 
export financing, and related programs for fiscal year 1996, or by 
October 31, 1995, whichever is later. Provisions relating to such 
assistance are included in section 3, section 101, section 201, and 
section 501 of this Act.
            (3) For Egypt, $1,300,000,000 for fiscal year 1996. 
        Provisions relating to such assistance are included in section 
        201 and section 501 of this Act.
            (4) For Egypt, $815,000,000 for fiscal year 1996. 
        Provisions relating to this assistance are included in section 
        3, section 101, section 201, and section 501 of this Act.

SEC. 503. MIDDLE EAST PEACE FACILITATION ACT.

    (a) General Policy.--The Congress reaffirms the expectations 
contained in the Middle East Peace Facilitation Act regarding progress 
in implementing the Declaration of Principles and necessary 
Presidential certifications.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the President, $75,000,000 to facilitate progress in 
fulfilling conditions of agreements reached between Israel and the PLO, 
and between Israel and Jordan.

SEC. 504. LOAN GUARANTEES FOR ISRAEL.

    Section 226 of the Foreign Assistance Act of 1961, as in effect 
before the effective date of this Act, shall be deemed to remain in 
effect on and after that date.

            TITLE VI--EUROPE AND THE NEW INDEPENDENT STATES

SEC. 601. GENERAL POLICY.

    The United States has a direct interest in supporting and 
sustaining economic and political reform in Eastern Europe and the New 
Independent States. If reform fails and the former Soviet Republics 
revert to dictatorship or anarchy the potential for nuclear 
confrontation could be revived. In enacting the Support for East 
European Democracy (SEED) Act and the Freedom Support Act, the Congress 
recognized that economic growth and political freedom cannot be 
subsidized by the American taxpayer. Real change will be generated by 
the expansion of the private sector and meaningful participation of all 
citizens in the political process. Nonetheless, given the dramatic 
scope and pace of the changes needed, the Congress supports carefully 
targeted, timely assistance to facilitate the full transition to free 
markets and democracy.

SEC. 602. AUTHORIZATION OF APPROPRIATION FOR SEED ACT ACTIVITIES.

    There are authorized to be appropriated to the President, 
$355,000,000 to carry out activities and programs in Eastern Europe and 
the Baltics consistent with the terms and conditions, and in 
furtherance of the purposes of the SEED Act.

SEC. 603. AUTHORIZATION OF ASSISTANCE FOR THE NEW INDEPENDENT STATES.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the President, $750,000,000 to carry out activities and 
programs described in subsection (b) for the New Independent States. Of 
the amount appropriated under this section--
            (1) not less than $200,000,000 shall be available for 
        Ukraine;
            (2) not less than $75,000,000 shall be available for 
        Armenia;
            (3) not less than $50,000,000 shall be available for 
        Georgia; and
            (4) not less than $15,000,000 shall be available to carry 
        out joint law enforcement and training activities.
    (b) Eligible Activities and Programs.--The activities and programs 
referred to in subsection (a) are in support of the following purposes:
            (1) Private sector development, including enterprise funds, 
        technical assistance and training, and support for small and 
        medium private enterprise and privatization efforts.
            (2) Enhancing trade with and investment in the New 
        Independent States.
            (3) Enhancing democratic initiatives, including through 
        exchange programs and training, rule of law programs, and 
        fostering independent media.
            (4) Support troop withdrawal, including through 
officer resettlement programs and technical assistance for the housing 
sector.
            (5) Supporting the energy and environment sectors.
            (6) Meeting humanitarian assistance needs.

SEC. 604. ELIGIBILITY FOR ASSISTANCE FOR THE NEW INDEPENDENT STATES.

    (a) Prohibition.--None of the funds appropriated under section 
603(a) may be made available to Russia if the Government of Russia 
directs, supports, or encourages any action which violates the 
territorial integrity or national sovereignty of any other state, other 
than consistent with the articles of self defense in the Charter of the 
United Nations.
    (b) Humanitarian Assistance.--Subsection (a) shall not apply to the 
provision of assistance for disaster, humanitarian, or refugee relief.
    (c) The Secretary of State shall submit a report to Congress, no 
later than January 15 of each fiscal year, on any steps taken by any 
government of a nation in the New Independent States in violation of 
the territorial integrity or national sovereignty of any other state. 
In preparing this report the Secretary shall provide a full account of 
any extra territorial deployment of a nation's troops, including the 
number, equipment and activities of those troops, and an assessment of 
the terms governing the deployment. If the troops are deployed 
consistent with a formal understanding or agreement the Secretary shall 
include copies of such agreements with the transmittal of the report.

SEC. 605. ADMINISTRATIVE AUTHORITIES.

    (a) Bilateral Nature of Programs.--Assistance programs under this 
title shall be developed and carried out exclusively on a bilateral 
basis.
    (b) Administrative Authorities.--The provisions of section 498B of 
the Foreign Assistance Act of 1961, as in effect before the effective 
date of this Act, shall be applicable to amounts appropriated under 
sections 602 and 603 of this Act. References in section 498B of the 
Foreign Assistance Act of 1961 to other provisions of that Act shall be 
deemed to be references, as appropriate, to comparable provisions in 
this Act or the Arms Export Control Act.

SEC. 701. CONTINGENCIES.

    (a) Authority.--Notwithstanding any other provision of law, the 
President is authorized to use funds made available to carry out any 
provision of this Act in order to provide, for any unanticipated 
contingencies, assistance authorized by this Act in accordance with the 
provisions applicable to the furnishing of such assistance, except that 
the authority of this subsection may not be used to authorize the use 
of more than $75,000,000 during any fiscal year.
    (b) Prior Report.--The President shall report in advance to the 
Committees on Appropriations and Foreign Relations of the Senate and 
the Committees on Appropriations and International Relations of the 
House of Representatives the justification of the use of the authority, 
each time he exercises the authority.

SEC. 702. TRANSFER BETWEEN ACCOUNTS.

    (a) General Authority.--Whenever the President determines it to be 
necessary for the purposes of this Act, not to exceed 10 percent of the 
funds made available to carry out any provision of this Act, or for 
section 23 of the Arms Export Control Act--
            (1) may be transferred to, and consolidated with the funds 
        in any other account or fund available to carry out any 
        provision of such Act; and
            (2) may be used for any purposes for which funds in that 
        account or fund may be used.
    (b) Limitation on Amount of Increase.--The total amount in the 
account or fund for the benefit of which transfer is made under 
subsection (a) during any fiscal year may not be increased by more than 
20 percent of the amount of funds otherwise made available.
    (c) Notification.--The Secretary shall notify in writing the 
Committees on Foreign Relations and Appropriations of the Senate and 
the Committees on International Relations and Appropriations of the 
House of Representatives at least fifteen days in advance of such 
transfer between accounts.

SEC. 703. SPECIAL WAIVER AUTHORITY.

    (a) General Authority.--The President may authorize the furnishing 
of assistance under this Act, the Arms Export Control Act, or any 
foreign assistance authorization or appropriations Acts, without regard 
to any of the provisions described in subsection (c), if he determines 
that to do so is in the national security interests of the United 
States and so notifies in writing the Speaker of the House of 
Representatives and the Chairmen of the Committees on Foreign Relations 
and Appropriations in the Senate.
    (b) Limitations.--The authority of subsection (a) may not be used 
in any fiscal year to authorize--
            (1) more than $750,000,000 in sales under the Arms Export 
        Control Act;
            (2) more than $250,000,000 of funds made available for use 
        under this Act or the Arms Export Control Act; and
            (3) the use of more than $100,000,000 of foreign currencies 
        accruing under this Act.
    (c) Laws Which May Be Waived.--The provisions referred to in 
subsection (a) are--
            (1) the provisions of this Act,
            (2) the provisions of the Arms Export Control Act,
            (3) any other provisions of law that restrict the authority 
        to provide assistance or make sales or leases under the Acts in 
        paragraphs (1) and (2), and
            (4) any law relating to receipts and credits accruing to 
        the United States, except for those provisions of law contained 
        in section 861(6).
    (d) Country Limitation.--Not more than $50,000,000 of the 
$250,000,000 made available in subsection (a)(2) may be allocated to 
one country in any fiscal year unless that country is a victim of 
active aggression.
    (e) Application to Transfers.--The authority of this section may 
not be used to waive the limitations on transfer in section 702 of this 
Act.

        TITLE VIII--REPORTS, LIMITATIONS, AND GENERAL PROVISIONS

                   Chapter A--Reporting Requirements

SEC. 801. REPORT ON HUMAN RIGHTS.

    (a) Requirement for Reports.--The Secretary of State shall transmit 
to the Speaker of the House and the Committees on Foreign Relations and 
Appropriations of the Senate, by January 31 of each year, a full and 
complete report on all countries which receive assistance under this 
Act or are members of the United Nations regarding--
            (1) the status of internationally recognized human rights, 
        including torture or cruel, inhuman, or degrading treatment or 
        punishment, prolonged detention without charges, causing the 
        disappearance of persons by abduction and clandestine detention 
        of such persons, or other flagrant denial of the right to life, 
        liberty and the security of a person;
            (2) wherever applicable, practices regarding coercion in 
        population control, including coerced abortion and involuntary 
        sterilization; and
            (3) the steps the Secretary has taken to alter United 
        States programs because of human rights considerations.

SEC. 802. REPORT ON NARCOTICS CONTROL.

    Consistent with the terms and conditions of the International 
Narcotics Control Act of 1992, as amended, the Secretary shall report 
to the Committee on Foreign Relations. The report shall include the 
same information, and shall be submitted in the same manner, as the 
report required by Section 489 of the Foreign Assistance Act of 1961 as 
in effect before the effective date of this Act.

SEC. 803. NOTIFICATION OF PROGRAM CHANGES.

    (a) General Requirement.--Except as provided in subsection (b), 
none of the funds appropriated pursuant to authority contained in this 
Act may be obligated for any activities, programs, projects, types of 
materiel assistance, countries, or other operations not justified, or 
in excess of the amount justified to the Congress for obligation, 
unless the Committees on Appropriations and Foreign Relations of the 
Senate and the Committees on Appropriations and International Relations 
of the House of Representatives are notified fifteen days in advance of 
such obligation.
    (b) Exception.--The requirement contained in subsection (a) shall 
not apply to funds appropriated or otherwise made available for--
            (1) international disaster assistance,
            (2) emergency refugee and migration assistance activities 
        under section 2(c) of the Migration and Refugee Assistance Act 
        of 1962,
            (3) the Overseas Private Investment Corporation or 
        successor organization, and
            (4) title IV of this Act.
    (c) Limited Reprogrammings.--The notification requirement of this 
section does not apply to--
            (1) reprogramming of funds to be used for an activity, 
        program, or project under title I if the amounts to be 
        obligated for that activity, program, or project for the 
        appropriate fiscal year do not exceed by more than 20 percent 
        the amount justified to the Congress for that activity, 
        program, or project for that fiscal year;
            (2) reprogramming of less than $25,000 to be used under 
        section 204 of this Act, for a country for which a program 
        under that section for that fiscal year was justified to the 
        Congress; and
            (3) the commitment of funds appropriated for the purposes 
        of section 23 of the Arms Export Control Act for the provision 
        of major defense equipment, other than conventional ammunition, 
        or other major defense items defined to be aircraft, ships, 
        missiles, or combat vehicles, if the quantity of such equipment 
        or defense items does not exceed by more than 20 percent the 
        amount justified to the Congress.

SEC. 804. ANNUAL ALLOCATION REPORT.

    (a) Report on Allocations of Assistance.--Not later than thirty 
days after the enactment of any law appropriating funds to carry out 
any provision of this Act, the President shall notify the Congress of--
            (1) each foreign country and international organization to 
        which the United States Government intends to provide any 
        portion of the funds under such law; and
            (2) the amount of funds under that law, by category of 
        assistance, that the United States Government intends to 
        provide to each such country or organization.
    (b) Exceptions.--Subsection (a) does not apply with respect to any 
law making continuing appropriations.
    (c) Use of Special Authority.--The authority of section 703 of this 
Act may not be used to waive the provisions of this section.

SEC. 805. PRESIDENTIAL FINDINGS AND DETERMINATIONS.

    (a) Findings and Determinations To Be Written and Signed.--In any 
case in which the President is required to make a report by any 
provision of this Act, the Arms Export Control Act, or any annual or 
periodic foreign assistance authorizing or appropriations legislation, 
to the Congress or to any committee or officer of either House of 
Congress concerning any finding or determination, that finding or 
determination shall be reduced to writing and signed by the President.
    (b) Restriction.--No action shall be taken pursuant to any such 
finding or determination prior to the date on which that finding or 
determination is reduced to writing and signed by the President.
    (c) Publication in Federal Register.--Each such finding or 
determination shall be published in the Federal Register as soon as 
practicable after it has been reduced to writing and signed by the 
President. In any case in which the President concludes that such 
publication would be harmful to the national security of the United 
States, only a statement that a determination or finding has been made 
by the President, including the name and section of the Act under which 
it was made, shall be published.
    (d) Committee Access.--No committee or officer of either House of 
Congress shall be denied any requested information relating to any 
finding or determination which the President is required to report to 
the Congress, or to any committee or officer of either House of 
Congress, under any provision of this Act, the Arms Export Control Act, 
or any annual or periodic foreign assistance authorizing or 
appropriations legislation, even though such report has not yet been 
transmitted to the appropriate committee or officer of either House of 
Congress.

                  Chapter B--Limitations on Assistance

SEC. 811. INELIGIBLE COUNTRIES.

    (a) Restrictions.--Except as provided in subsection (b), assistance 
under this Act may not be furnished to the government of a country that 
is:
            (1) Communist countries.--A communist country, as 
        designated under subsection (d).
            (2) Human rights violators.--A country described in 
        subsection (e).
            (3) Country indebted to united states citizens.--A country 
        whose government is indebted to any United States citizen or 
        person under section 527 of the Foreign Relations Authorization 
        Act, fiscal years 1994 and 1995.
            (4) Military coups.--A country whose duly-elected Head of 
        Government is deposed by military coup or decree unless 
        subsequent to the military coup or decree a democratically-
        elected government has taken office.
            (5) Terrorist countries.--A country whose government the 
        President determines repeatedly provides support for acts of 
        international terrorism.
            (6) Major illicit drug producing or major drug transit 
        countries.--A country that is ineligible for assistance under 
        section 490 of the Foreign Assistance Act of 1961 in effect 
        before the effective date of this Act.
            (7) Countries in arrears.--A country that is more than one 
        year in arrears to the United States Government on any payment 
        of interest or principal on any loan made or credit extended 
        under this Act, the Arms Export Control Act, or the former 
        authorities of the Foreign Assistance Act of 1961.
    (b) Exceptions.--Funds may be obligated and expended for assistance 
restricted by subsection (a), or comparable provisions of law that 
restrict assistance to countries, under any of the following 
circumstances:
            (1) National security interest.--The President determines 
        that the furnishing of such assistance is important to the 
        national security interests of the United States.
            (2) Alleviating suffering resulting from a disaster.--The 
        assistance is for the alleviation of suffering resulting from a 
        natural or manmade disaster.
            (3) Refugees and displaced persons.--The assistance is for 
        the purposes described in section 104.
    (c) Report to Congress.--Assistance restricted by subsection (a) 
may not be provided under subsection (b) until the President has 
submitted to the Committees on Appropriations and Foreign Relations of 
the Senate and the Committees on Appropriations and International 
Relations of the House of Representatives, a report with respect to 
such assistance. Any such report shall include a detailed explanation 
of the assistance to be provided, including the estimated dollar amount 
of such assistance, and an explanation of how the assistance meets the 
criteria specified in subsection (b).
    (d) Communist Country List.--
            (1) Establishment.--The President shall designate those 
        countries that are communist countries for purposes of 
        subsection (a)(1).
            (2) Publication of list.--The initial list of countries 
        designated pursuant to this subsection shall be published in 
        the Federal Register and shall be provided to the Congress. 
        Thereafter, any additions to or deletions from such list shall 
        be similarly published and provided.
            (3) Removal of countries from the list; exemptions.--The 
        President may remove a country from the communist country list 
        established pursuant to this section, or may exempt a listed 
        country from the application of subsection (a)(1) or other 
        provisions of law that reference subsection (a)(1), if the 
        President promptly reports such removal or exemption to the 
        Speaker of the House of Representatives and the chairman of the 
        Committee on Foreign Relations of the Senate.
    (e) Human Rights Violators.--
            (1) Ineligibility.--Subsection (a)(2) shall apply to any 
        country the government of which engages in a consistent pattern 
        of gross violations of internationally recognized human rights.
    (f) Terrorist Countries.--
            (1) Establishment.--The President shall designate those 
        countries which are terrorist countries for the purposes of 
        subsection (a)(5) and shall publish the initial list in the 
        Federal Register.
            (2) Rescission.--Any determination made under subsection 
        (a)(5) may not be rescinded unless the President submits thirty 
        days in advance to the Speaker of the House of Representatives 
        and the chairman of the Committee on Foreign Relations of the 
        Senate the proposed rescission and a report certifying--
                    (A) there has been a fundamental change of 
                leadership and policies of the government concerned; or
                    (B) the government concerned has not provided any 
                support for international terrorism or terrorist 
                organizations during the preceding six month period, 
                and the government concerned has provided assurances 
                that it will not support such acts.
    (g) Related Restrictions on Assistance.--
            (1) Human rights violators.--Subsection (a)(2) shall be 
        deemed to prohibit, in addition to the furnishing of assistance 
        under this Act--
                    (A) sales of defense articles, defense services, or 
                design and construction services under the Arms Export 
                Control Act;
                    (B) licenses under section 38 of the Arms Export 
                Control Act with respect to the export of defense 
                articles or defense services to or for the armed 
                forces, police, intelligence, or other internal 
                security forces of a foreign country; and
                    (C) licenses required under the Export 
                Administration Act of 1979 for the export of crime 
                control and detection instruments and equipment.
            (2) Terrorist countries.--Subsection (a)(5) shall be deemed 
        to prohibit, in addition to the furnishing of assistance under 
        this Act, the furnishing of assistance under the Agricultural 
        Trade Development and Assistance Act of 1954 and the Peace 
        Corps Act, and the provision of loans, guaranties, and 
        insurance under the Export-Import Bank Act of 1945.
            (3) Major illicit drug producing and major drug transit 
        countries--
                    (A) Subsection (a)(6) shall be deemed to prohibit, 
                in addition to the furnishing of assistance under this 
                Act, (i) sales under the Arms Export Control Act, (ii) 
                the provision of agricultural commodities other than 
                food under the Agricultural Trade Development and 
                Assistance Act of 1954, and (iii) loans, guarantees and 
                insurance under the Export-Import Bank Act of 1945.
                    (B) Notwithstanding subparagraph (A), subsection 
                (a)(6) shall not be deemed to prohibit (i) disaster 
                relief assistance, refugee assistance or assistance 
                that involves the provision of food (including 
                monetization of food) or medicine and (ii) assistance 
                for narcotics education and awareness activities.
                    (C) With respect to any country for which 
                assistance is prohibited under section (a)(6), the 
                President shall instruct the United States Executive 
                Director of the International Bank for Reconstruction 
                and Development, the United States Executive Director 
                of the International Development Association, the 
                United States Executive Director of the Inter-American 
                Development Bank, and the United States Executive 
                Director of the Asian Development Bank to vote, during 
                the period in which assistance is prohibited under 
                subsection (a)(6), against any loan or other 
                utilization of the funds of their respective 
                institution to or for any major illicit drug producing 
                country or major drug-transit country, except as 
                provided in subsection (b).
    (h) Retention of Existing Certification Requirement.--Section 490 
of the Foreign Assistance Act of 1961, as in effect before the 
effective date of this Act, shall be deemed to remain in effect on and 
after that date.

                  Chapter C--Administrative Provisions

                       Subchapter 1--Procurement

SEC. 821. PROCUREMENT STANDARDS AND PROCEDURES.

    (a)(1) Limitations on Procurement Outside the United States.--Funds 
made available for programs under this Act may be used by the President 
for procurement--
            (A) only in the United States, the recipient country, or 
        developing countries; or
            (B) in any other country but only if--
                    (i) such program requires articles or services of a 
                type that are not produced in and available for 
                purchase in any country specified in subparagraph (A); 
                or
                    (ii) the President determines, on a case-by-case 
                basis, that procurement in such other country is 
                necessary--
                            (I) to meet unforeseen circumstances, such 
                        as emergency situations, where it is important 
                        to permit procurement in a country not 
                        specified in subparagraph (A); or
                            (II) to promote efficiency in the use of 
                        United States foreign assistance resources, 
                        including to avoid impairment of foreign 
                        assistance objectives.
    (2) For purposes of this subsection, the term ``developing 
countries'' shall not include advanced developing countries.
    (b) Exception.--The provisions of this section shall not apply to 
sections 102 through 105 and title IV of this Act.

SEC. 822. SHIPPING ON UNITED STATES VESSELS.

    (a) Certain Laws Not Applicable.--The ocean transportation between 
foreign countries of articles purchased with foreign currencies made 
available or derived from funds made available under this Act or the 
Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 
1691 and following), or any predecessor Acts, and transfers of fresh 
fruit and fresh fruit products under this Act, shall not be governed by 
section 901(b) of the Merchant Marine Act, 1936 (49 U.S.C. app. 
1241(b)), or any other law relating to the ocean transportation of 
commodities on United States flag vessels.
    (b) Shipping Differential.--For purposes of facilitating 
implementation of section 901(b) of the Merchant Marine Act, 1936 (46 
U.S.C. app. 1241(b)), funds made available for commodities and services 
under this Act may be used to make grants to recipients or otherwise 
pay all or any portion of such differential as is determined by the 
Secretary of Transportation to exist between United States and foreign-
flag vessel charter or freight rates. Grants made under this section 
shall be paid with United States-owned foreign currencies wherever 
feasible.

SEC. 823. RETENTION AND USE OF CERTAIN ITEMS AND FUNDS.

    (a) Retention and Use of Certain Articles.--
            (1) Authority to retain, transfer, and use.--Any articles 
        procured to carry out this Act shall be retained by, or (upon 
        reimbursement) transferred to and for the use of, such agency 
        of the United States Government as the President deems 
        appropriate in lieu of being disposed of to a foreign country 
        or international organization, whenever in the judgment of the 
        President the best interests of the United States will be 
        served thereby.
            (2) Laws governing disposal of government property.--Any 
        articles so retained may be disposed of without regard to 
        provisions of law relating to the disposal of property owned by 
        the United States Government, when necessary to prevent 
        spoilage or wastage of such articles or to conserve their 
        usefulness.
            (3) Proceeds credited to appropriations.--Funds realized 
        from any disposal or transfer shall revert to the respective 
        appropriation, fund, or account used to procure such articles 
        or to the appropriation, fund, or account currently available 
        for the same general purpose.
    (b) Articles Received as Payment.--Whenever articles are 
transferred to the United States Government as repayment of assistance 
under this Act or the former authority of the Foreign Assistance Act, 
such articles may be used in furtherance of the purposes and within the 
limitations of this Act.
    (c) Failed Transactions.--Funds realized as a result of any failure 
of a transaction financed under this Act to conform to the requirements 
of this Act, to applicable rules and regulations of the United States 
Government, or to the terms of any agreement or contract entered into 
under this Act, shall revert to the respective appropriation, fund, or 
account used to finance such transaction or to the appropriation, fund, 
or account currently available for the same general purpose.
    (d) Disposal of Defense Articles.--Funds realized by the United 
States Government from the sale, transfer, or disposal of defense 
articles furnished under the former authority of chapter 2 of part II 
of the Foreign Assistance Act of 1961, and no longer needed for the 
purposes for which furnished, shall be credited to the respective 
appropriation, fund, or account currently available for the same 
general purpose.

                 Subchapter 2--Inter-Agency Authorities

SEC. 831. ALLOCATION OF FUNDS AND REIMBURSEMENT AMONG AGENCIES.

    (a) Allocations or Transfers to Agencies.--The President, or with 
respect to funds appropriated to any agency, the head of such agency, 
as the case may be, may allocate or transfer to any agency of the 
United States Government any funds available for providing foreign 
assistance under this or any other Act, including any advance to the 
United States Government by any country or international organization 
of the procurement of articles or services. Such funds shall be 
available for obligation and expenditure for the purposes for which 
authorized, in accordance with the authority pursuant to which they 
were made available or the authority governing the activities of the 
agency to which such funds are allocated or transferred.
    (b) Procurement From Other Agencies.--
            (1) Authority.--Any officer of the United States Government 
        carrying out functions under this Act may utilize the services 
        and the facilities of, or procure articles from, any agency of 
        the United States Government as the President shall direct, or 
        with the consent of the head of such agency.
            (2) Separate account.--Funds allocated pursuant to this 
        subsection to any such agency may be established in separate 
        appropriation accounts on the books of the Treasury.
    (c) Reimbursement to Agencies.----
            (1) General.--In the case of any article, service, or 
        facility procured from any agency of the United States 
        Government to carry out any provision of this Act (except with 
        respect to assistance under section 208), reimbursement or 
        payment shall be made to such agency from funds available to 
        carry out that provision.
            (2) Amount of reimbursement.--Such reimbursement or payment 
        shall be at--
                    (A) replacement cost,
                    (B) if required by law, actual cost,
                    (C) in the case of defense articles procured from 
                the Department of Defense, value as defined in section 
                861(15), or, if required by law, actual costs,
                    (D) in the case of services procured from the 
                Department of Defense, the amount of the additional 
                costs incurred by the Department of Defense in 
                providing such services, or, if required by law, actual 
                costs, or
                    (E) at any other cost agreed to by the owning or 
                disposing agency.
            (3) Crediting of reimbursement.--The amount of any such 
        reimbursement or payment shall either be credited to current 
        applicable appropriations, funds, or accounts of such agency, 
        to be available for the same purposes and for the same time 
        period as the appropriation, fund or account to which 
        transferred, or any such credited funds shall remain available 
        for such purposes until expended.
    (d) Reimbursement to the Department of Defense.--Reimbursement or 
payment to the Department of Defense under subsection (c) shall exclude 
salaries of members of the Armed Forces (other than the Coast Guard) 
and unfunded estimated costs of civilian retirement and other benefits, 
unless otherwise required by law.
    (e) Establishment of Accounts.--
            (1) Authority to establish; uses.--In furnishing assistance 
        under this or any other Act, accounts may be established on the 
        books of any agency of the United States Government or, on 
        terms and conditions approved by the Secretary of the Treasury, 
        in banking institutions in the United States--
                    (A) against which letters of commitment may be 
                issued which shall constitute recordable obligations of 
                the United States Government, and moneys due or to 
                become due under such letters of commitment shall be 
                assignable under the last sentence of section 3727(b) 
                and section 3727(c) of title 31, United States Code, 
                and the second and third paragraphs of section 3737 of 
                the Revised Statutes of the United States (41 U.S.C. 
                15); and
                    (B) from which disbursements may be made to, or 
                withdrawals may be made by, recipient countries or 
                agencies, organizations, or persons upon presentation 
                of contracts, invoices, or other appropriate 
                documentation.
            (2) Accounting for expenditures.--Expenditure of funds 
        which have been made available through accounts established 
        under paragraph (1) shall be accounted for on standard 
        documentation required for expenditure of funds of the United 
        States Government.
    (f) Charging to Appropriations.--
            (1) Initial charging.--Any appropriation or account 
        available to carry out provisions of this Act may initially be 
        charged in any fiscal year, within the limit of available 
        funds, to finance expenses for which funds are available in 
        other appropriations or accounts under that title.
            (2) Final charging.--As of the end of such fiscal year, 
        such expenses shall be finally charged to applicable 
        appropriations or accounts with proper credit to the 
        appropriations or accounts initially utilized for financing 
        purposes, except that such final charges shall not be required 
        in the case of expenses incurred in furnishing assistance where 
        it is determined that the accounting costs of identifying the 
        applicable appropriation or account to which such expenses 
        should be charged would be disproportionate to the advantage to 
        be gained.
            (3) Application to programs administered through DOD.--This 
        subsection shall not apply to assistance administered through 
        the Department of Defense under this Act.
    (g) Responsibility of Agencies.--The agency receiving the funds 
pursuant to the authority of subsection (a) shall be the agency 
responsible for the management and use of such funds.

SEC. 832. AUTHORITY TO CONDUCT REIMBURSABLE PROGRAMS.

    (a) General Authority.--Whenever the President considers it 
consistent with and within the limitations of this Act, any agency of 
the United States Government is authorized to furnish services and 
articles on an advance-of-funds or reimbursement basis to friendly 
countries, international organizations and arrangements, and 
nongovernmental organizations and may contract in advance of 
appropriations or reimbursement for such purposes.
    (b) Personal Service Contracts.--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 in a manner otherwise permitted by law (or Office of 
Management and Budget Circular A-76 or any successor circular) 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 Office of Personnel Management.
    (c) Limitations on Assistance Not Applicable.--Limitations in this 
or any other Act on assistance do not apply with respect to this 
section.
    (d) Use of Payments.--Advances and reimbursements received under 
this section may either be credited to the currently applicable 
appropriation, account, or fund of the agency concerned or shall be 
available until expended.

                  Subchapter 3--General Administration

SEC. 841. GENERAL AUTHORITIES.

    (a) Terms of Assistance.--Except as otherwise specifically 
prohibited in this Act, assistance under this Act may be furnished on a 
grant, loan, or guaranty basis, or on such terms, including cash, 
credit, or other terms of repayment (including repayment in foreign 
currencies or by transfer to the United States Government of articles), 
or as a contribution to an international organization or arrangement, 
as may be determined to be best suited to the achievement of the 
purposes of this Act.
    (b) Terms and Conditions.--The President may furnish assistance 
under this Act on such terms and conditions (consistent with other 
provisions of law) as the President deems appropriate, and, consistent 
with the provisions of this Act, may charge such fees for guarantees 
and loans under this Act as the President deems appropriate. Credit 
assistance shall be consistent with the provisions of the Federal 
Credit Reform Act of 1990. In the case of contributions or other 
assistance provided for an international organization or arrangement 
under this or any other Act, such organization or arrangement may 
utilize its own procurement, administrative, accounting, and audit 
rules and procedures.
    (c) Advances, Contracts, Etc.--In furtherance of the purposes and 
subject to the limitations of this Act, the President in providing 
assistance under this or any other Act may make loans (in conformity 
with the provisions of the Federal Credit Reform Act of 1990), 
advances, and grants to, make and perform agreements and contracts 
with, or enter into other transactions with, any person, corporation, 
or other body of persons, any government or government agency, and any 
international organization or arrangement.
    (d) Gifts.--The President may accept and use in furtherance of the 
purposes of this Act, money, funds, property, and services of any kind 
made available by gift, devise, bequest, grant, or otherwise for such 
purpose.
    (e) Insurance.--
            (1) Foreign participants.--Any agency of the United States 
        Government is authorized to pay the cost of health and accident 
        insurance for foreign participants in any program of furnishing 
        assistance administered by such agency while such participants 
        are absent from their homes for the purpose of participation in 
        such program.
            (2) Foreign employees.--Any agency of the United States 
        Government is authorized to pay the cost of health and accident 
        insurance for foreign employees of that agency while those 
        employees are absent from their places of employment abroad for 
        purposes of training or other official duties.
    (f) Admission to United States.--Alien participants in any program 
of furnishing assistance under this Act may be admitted to the United 
States if otherwise qualified as nonimmigrants under section 101(a)(15) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), for such 
time and under such conditions as may be prescribed by regulations 
promulgated by the Secretary of State and the Attorney General.
    (g) Assistance Authorities.--In furnishing and administering 
assistance under this Act, the President--
            (1) may issue letters of credit and letters of commitment;
            (2) may collect, compromise, reschedule or otherwise settle 
        any obligations assigned to, or held by, and any legal or 
        equitable rights accruing to, the President and may (as the 
        President deems appropriate) refer any such obligations or 
        rights to the Attorney General for suit or collection;
            (3) may--
                    (A) acquire and dispose of (upon such terms and 
                conditions as the President deems appropriate) any 
                property, including any instrument evidencing 
                indebtedness of ownership, and
                    (B) guarantee payment against any such instrument;
            (4) may establish the character of, and decide the 
        necessity for, obligations, and expenditures of funds used in 
        furnishing and administering such assistance and the manner in 
        which such obligations and expenditures shall be incurred, 
        allowed, and paid, subject to provisions of law specifically 
        applicable to corporations of the United States Government; and
            (5) shall cause to be maintained in integral set of 
        accounts which shall be audited by the General Accounting 
        Office in accordance with principles and procedures applicable 
        to commercial corporate transactions as provided by chapter 91 
        of title 31, United States Code;
    (h) Guarantees.--Guarantees issued to carry out the purposes of 
this Act shall be subject to the following:
            (1) Full faith and credit.--The full faith and credit of 
        the United States may be pledged for the full payment and 
        performance of guarantees issued under this Act of predecessor 
        legislation.
            (2) Charges.--The President may charge appropriate fees 
        and/or interest in connection with the activities carried out 
        under such authority.
            (3) Relationship to other provisions of law.--Guarantees 
        may be provided under this Act without regard to section 821 of 
        this Act.
            (4) Denomination of liability.--The losses guaranteed may 
        be in dollars or in other currencies. In the case of losses 
        guaranteed in currencies other than dollars, the guarantees 
        issued shall be subject to an overall payment limitation 
        expressed in dollars.
    (i) Subsidy Cost of Guarantees and Loans.--The President may use 
funds made available under this Act to pay the cost (as defined in 
section 502 of the Congressional Budget Enforcement Act of 1974) of 
direct loans and loan guarantees made or entered into (and associated 
administrative costs) in furtherance of the purposes of this Act. Funds 
appropriated to pay the cost (as defined in section 502 of the 
Congressional Budget Act of 1974) of direct loans and loan guarantees 
made or entered into the carry out the provisions of this Act shall be 
provided in conformity with section 504(b)(1) of such Act.
    (j) Claims Relating to Guarantees.--Claims arising as a result of 
any guarantee program authorized by this Act may be settled, and 
disputes arising as the result thereof may be arbitrated with the 
consent of the parties, on such terms and conditions as the President 
may direct. Payment made pursuant to any such settlement, or as a 
result of an arbitration award, shall be final and conclusive 
notwithstanding any other provision of law.
    (k) Financial Transactions With Foreign Governments in Default of 
Obligations to the United States.--Section 955 of title 18, United 
States Code, shall not apply to any person--
            (1) who acts for or participates in any operation or 
        transaction arising under this Act, or
            (2) who acquires any obligation issued in connection with 
        any operation or transaction arising under this Act.
    (l) Multiyear Commitments.--A contract or agreement which entails 
commitments for the expenditure of funds under this Act may, subject to 
any future action of the Congress, extend at any time for not more than 
5 years.

SEC. 842. AUTHORIZED ADMINISTRATIVE USES OF FUNDS.

    (a) Personnel, Printing, Procurement of Supplies, and Other 
Administrative Expenses.--Funds made available to carry out this Act 
may be used for the following:
            (1) Compensation, allowances, and travel of personnel, 
        including Foreign Service personnel, whose services are 
        utilized primarily for the purposes of this Act, and for other 
        administrative and operating expense purposes (other than 
        compensation of personnel) without regard to such laws and 
        regulations governing the obligation and expenditure of funds 
        of the United States Government as may be necessary to 
        accomplish the purposes of this Act.
            (2) Printing and binding without regard to the provisions 
        of any other law.
            (3) Expenditures outside the United States for the 
        procurement of supplies and services and for other 
        administrative and operating purposes (other than compensation 
        of personnel) without regard to the Claims Act, 31 U.S.C. 3721 
        and such laws and regulations governing the obligation and 
        expenditure of funds of the United States Government (other 
        than sections 1341, 1342, and 1517 of title 31, United States 
        Code) as may be necessary to accomplish the purposes of this 
        Act.
    (b) Uses of Assistance Funds.--
            (1) Authorized uses.--Funds described in paragraph (2) 
        shall be available for the following:
                    (A) Expenses of attendance at meetings concerned 
                with the purposes of this Act, including 
                (notwithstanding sections 1346(a) and 1346(c) of title 
                31, United States Code), expenses in connection with 
                meetings of persons whose employment is authorized by 
                section 852.
                    (B) Contracting with individuals for personal 
                services. Such individuals shall not be regarded as 
                employees of the United States Government for the 
                purpose of any law administered by the Office of 
                Personnel Management, except that the head of the 
                contracting agency may determine the applicability to 
                such individuals of any other law administered by such 
                agency concerning the employment of such individuals.
                    (C) Purchase, maintenance, operation, and hire of 
                aircraft, except that aircraft for administrative 
                purposes may be purchased only as specifically provided 
                for in an appropriation or other Act.
                    (D)(i) Purchase and hire of passenger motor 
                vehicles, for replacement only, subject to clause (ii).
                    (ii) Passenger motor vehicles may be purchased for 
                use in the United States only as may be specifically 
                provided in an appropriation or other Act.
                    (E) Entertainment and representation.
                    (F) Exchange of funds without regard to loss by 
                exchange.
                    (G) Insurance of official motor vehicles or 
                aircraft acquired for use in foreign countries.
                    (H) Expenses of--
                            (i) preparing and transporting to their 
                        former homes (or with respect to foreign 
                        participants engaged in any program under this 
                        Act to their former homes or places of burial), 
                        and
                            (ii) caring for and disposing of the 
                        remains of an individual, or the remains of a 
                        member of an individual's family, who may die 
                        while such individual is away from home 
                        participating in activities carried out with 
                        funds described in paragraph (2).
                    (I) Payment of per diem in lieu of subsistence to 
                foreign participants engaged in any program under this 
                Act while such participants are away from their homes 
                in countries other than the United States, at rates not 
                in excess of those prescribed by the standardized 
                Government travel regulations, notwithstanding any 
                other provision of law.
                    (J) Use in accordance with authorities of the 
                Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) 
                not otherwise provided for.
                    (K) Services of commissioned officers of the 
                National Oceanic and Atmospheric Administration. For 
                the purposes of providing such services, the National 
                Oceanic and Atmospheric Administration may appoint not 
                to exceed 20 commissioned officers in addition to those 
                otherwise authorized.
                    (L) Expenses in connection with--
                            (i) travel of personnel outside the United 
                        States, including travel expenses of dependents 
                        (including expenses during necessary stopovers 
                        while engaged in such travel), and the 
                        transportation of personal effects, household 
                        goods, and automobiles of such personnel when 
                        any part of such travel or transportation 
                        begins in one fiscal year pursuant to travel 
                        orders issued in that fiscal year, 
                        notwithstanding the fact that such travel or 
                        transportation may not be completed during the 
                        same fiscal year; and
                            (ii) the costs of transporting automobiles 
                        to and from a place of storage, and the costs 
                        of storing automobiles of such personnel, when 
                        it is in the public interest or more economical 
                        to authorize storage.
                    (M) Assistance for the implementation of programs 
                under the Agricultural Trade Development and Assistance 
                Act of 1954, the Agricultural Act of 1949, and the Food 
                for Progress Act of 1985.
                    (N) Other expenses determined by the President to 
                be necessary to carry out the purposes of this Act.
            (2) Funds which may be used.--Paragraph (1) applies to--
                    (A) appropriations to carry out this Act, and
                    (B) allocations or transfers to or from any agency 
                of the United States Government, from other 
                appropriations, for functions directly related to the 
                purposes of this Act.
    (c) Facilities.--
            (1) Living quarters, offices, schools, and hospitals.--
        Notwithstanding any other provision of law, funds available for 
        assistance under this Act may be used in any fiscal year (in 
        addition to funds available for such use under other 
        authorities in this Act)--
                    (A) to rent, lease, construct or otherwise acquire 
                essential living quarters, office space, and necessary 
                supporting facilities for use of personnel carrying out 
                activities authorized by this Act, including to 
                maintain, furnish, improve, and make necessary repairs 
                to such property, which may also include the cost of 
                fuel, water, and utilities for such properties;
                    (B) to construct or otherwise acquire outside the 
                United States schools (including dormitories and 
                boarding facilities) and hospitals for use of personnel 
                carrying out activities authorized by this Act, United 
                States Government personnel, and their dependents; and
                    (C) to staff, operate, and maintain such schools 
                and hospitals.
            (2) Disposal.--Property acquired under this subsection (or 
        predecessor provisions of this Act) may be disposed of, and the 
        proceeds of such disposal shall remain available until expended 
        for use for the purposes specified in paragraph (1).
    (d) Education of Dependents.--Funds available for assistance under 
this Act may be used in any fiscal year to provide assistance to 
schools established, or to be established, outside the United States 
whenever it is determined that such action would be more economical or 
would best serve the interests of the United States in providing for 
the education of dependents of personnel carrying out activities 
authorized by this Act and dependents of United States Government 
personnel, in lieu of acquisition or construction pursuant to 
subsection (c) of this section.
    (e) Training of Personnel.--
            (1) Payment of costs.--Funds available under this Act may 
        be used to pay costs of training United States citizen 
        personnel employed or assigned pursuant to section 852(d), 
        through interchange or otherwise, at any State or local unit of 
        government, public or private nonprofit institution, trade, 
        labor, agricultural, or scientific association or organization, 
        or commercial firm.
            (2) Limitation on dual employment.--Such training shall not 
        be considered employment or holding of office under section 
        5533 of title 5, United States Code.
            (3) Acceptance of certain payments.--Any payments or 
        contributions in connection with such training may, as deemed 
        appropriate by the head of the agency of the United States 
        Government authorizing such training, be made by private or 
        public sources and be accepted by any trainee, or may be 
        accepted by and credited to the current applicable 
        appropriation of such agency. Any such payments or 
        contributions to any employee in the nature of compensation 
        shall be in lieu, or in reduction, of compensation received 
        from the United States Government.

SEC. 843. TERMINATION EXPENSES.

    (a) In General.--Funds made available under this Act, the former 
authority of the Foreign Assistance Act of 1961, the authority of 
section 23 of the Arms Export Control Act, or other predecessor 
legislation shall remain available for obligation for a period not to 
exceed eight months from the date of any termination of assistance 
under such Acts for the necessary expenses of winding up programs 
related to such termination and may remain available until expended. 
Funds obligated under the authority of such Acts prior to the effective 
date of the termination of assistance may remain available for 
expenditure for the necessary expenses of winding up programs related 
to such termination notwithstanding any provision of law restricting 
the expenditure of funds. In order to ensure the effectiveness of such 
assistance, such expenses for orderly termination of programs may 
include the obligation and expenditure of funds to complete the 
training or studies outside their countries of origin of students whose 
course of study or training program began before assistance was 
terminated.
    (b) Liability to Contractors.--For the purpose of making an 
equitable settlement of termination claims under extraordinary 
contractual relief standards, the President is authorized to adopt as a 
contract or other obligation of the United States Government, and 
assume (in whole or in part) any liabilities arising thereunder, any 
contract with a United States or third-country contractor that had been 
funded with assistance under such Acts prior to the termination of 
assistance.
    (c) Termination Expenses.--Amounts certified as having been 
obligated for assistance subsequently terminated by the President, or 
pursuant to any provision of law, shall continue to remain available 
and may be reobligated to meet any necessary expenses arising from the 
termination of such assistance.
    (d) Guaranty Programs.--Provisions of this or any other Act 
requiring the termination of assistance under this or any other Act 
shall not be construed to require the termination of guarantee 
commitments that were entered into prior to the effective date of the 
termination of assistance.
    (e) Relation to Other Provisions.--Unless specifically made 
inapplicable by another provision of law, the provisions of this 
section shall be applicable to the termination of assistance pursuant 
to any provision of law.

                        Subchapter 4--Personnel

SEC. 851. EMPLOYMENT OF PERSONNEL.

    (a) Authority.--Any agency or officer of the United States 
Government carrying out functions under this Act is authorized to 
employ such personnel as the President deems necessary to carry out the 
provisions and purposes of this Act.
    (b) Performance of Functions Outside the United States.--
            (1) Authority to employ or assign.--For the purpose of 
        performing functions under this Act outside the United States, 
        the President may--
                    (A) employ or assign individuals, or
                    (B) authorize the employment or assignment of 
                officers or employees by agencies of the United States 
                Government which are not authorized to utilize the 
                Foreign Service personnel system.
            (2) Compensation.--Individuals employed or assigned under 
        paragraph (1) shall receive compensation at any of the rates 
        provided for under section 402 or section 403 of the Foreign 
        Service Act of 1980, or under chapter 53 of title 5, United 
        States Code, or at any other rate authorized by law, together 
        with allowances and benefits under the Foreign Service Act of 
        1980.
            (3) Reemployment rights.--Individuals so employed or 
        assigned shall be entitled to the same benefits as are provided 
        by section 310 of that Act for individuals appointed to the 
        Foreign Service, except to the extent that the President may 
        specify otherwise in cases in which the period of employment or 
        assignment exceeds 30 months.
    (c) Certain Funds Deemed Obligated for Certain Services.--Funds 
provided for in agreements with foreign countries for the furnishing of 
services under this Act with respect to specific projects shall be 
deemed to be obligated for the services of personnel employed by 
agencies of the United States Government (other than the United States 
Agency for International Development or the Department of Defense) as 
well as personnel not employed by the United States Government.

SEC. 852. DETAIL OF PERSONNEL TO FOREIGN GOVERNMENTS AND INTERNATIONAL 
              ORGANIZATIONS.

    (a) Details to Foreign Governments.--When consistent with and in 
furtherance of the purposes of this Act, the head of any agency of the 
United States Government is authorized to detail any officer or 
employee of that agency to any office or position with any foreign 
government or foreign government agency, where acceptance of such 
office or position does not involve the taking of an oath of allegiance 
to another government or acceptance of compensation or other benefits 
form any foreign country by such officer or employee.
    (b) Details to International Organizations.--When consistent with 
and in furtherance of the purposes of this Act, the head of any agency 
of the United States Government is authorized to detail to any 
international organization or arrangement, any officer or employee of 
that agency to serve with, or as a member of, the international staff 
of such organization, or to render any technical, scientific, or 
professional advice or service to, or in cooperation with, such 
organization.
    (c) Status of Personnel Detailed.--
            (1) Retention of benefits.--Any officer or employee, while 
        detailed under this section--
                    (A) shall be considered an officer or employee of 
                the United States Government and of the agency of the 
                United States Government from which detailed for the 
                purpose of preserving his or her allowances, 
                privileges, rights, seniority, and other benefits as 
                such; and
                    (B) shall continue to receive compensation, 
                allowances, and benefits from funds appropriated to 
                that agency or made available to that agency under this 
                Act, or may be detailed on a leave without pay status.
            (2) Allowances.--Any officer or employee assigned, 
        detailed, or appointed under this section may receive (under 
        such regulations as the President may prescribe) representation 
        allowances similar to those allowed under section 905 of the 
        Foreign Service Act of 1980. The authorization of such 
        allowances and other benefits and the payment thereof out of 
        any appropriations available therefor shall be considered as 
        meeting all the requirements of section 5536 of title 5, United 
        States Code.
    (d) Terms of Detail.--Details may be made under this section or 
section 408 of the Mutual Security Act of 1954 in accordance with any 
of the following paragraphs:
            (1) Without reimbursement to the United States Government 
        by the foreign government or international organization.
            (2) Upon agreement by the foreign government or 
        international organization to reimburse the United States 
        Government for compensation, travel expenses, benefits, and 
        allowances, or any part thereof, payable to the officer or 
        employee concerned during the period of detail. Such 
        reimbursements (including foreign currencies) shall be credited 
        to the appropriation, fund, or account utilized for paying such 
        compensation, travel expenses, benefits, or allowances, or to 
        the appropriation, fund, or account currently available for 
        such purposes.
            (3) Upon an advance of funds, property, or services by the 
        foreign government or international organization to the United 
        States Government accepted with the approval of the President 
        for specified uses in furtherance of the purposes of this Act. 
        Funds so advanced may be established as a separate fund in the 
        Treasury of the United States Government, to be available for 
        the specified uses, and to be used for reimbursement of 
        appropriations or direct expenditure subject to the provisions 
        of this Act, any unexpended balance of such account to be 
        returned to the foreign government or international 
        organization.
            (4) Subject to the receipts by the United States Government 
        of a credit to be applied against the payment by the United 
        States Government of its share of the expenses of the 
        international organization to which the officer or employee is 
        detailed, such credit to be based upon the compensation, travel 
        expenses, benefits and allowances, or any part thereof, payable 
        to such officer or employee during the period of detail in 
        accordance with subsection (c).

SEC. 853. OFFICES ABROAD.

    (a) Establishment.--The President may maintain offices or staffs 
outside the United States in such countries and for such periods of 
time as may be necessary to carry out this Act.
    (b) Appointment.--The President may appoint a head and deputy head 
of each office or staff maintained under subsection (a).
    (c) Compensation and Allowances.--Such head shall be entitled to 
receive such compensation and allowances as are authorized by the 
Foreign Service Act of 1980, not to exceed those authorized for a chief 
of mission (as defined in section 102(a)(3) of that Act), as the 
President deems appropriate.

         Subchapter 5--Definitions, Conforming Changes, Repeals

SEC. 861. DEFINITIONS.

    For purposes of this Act, the following terms have the following 
meanings:
            (1) Agency of the united states government.--The term 
        ``agency of the United States Government'' includes any agency, 
        department, board, wholly or partly owned corporation, 
        instrumentality, commission, or establishment of the United 
        States Government.
            (2) Country.--The term ``country'' includes area.
            (3) Function.--The term ``function'' includes any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        discretion, or activity.
            (4) Gross violations of internationally recognized human 
        rights.--The term ``gross violations of internationally 
        recognized human rights'' includes torture or cruel, inhuman, 
        or degrading treatment or punishment, prolonged detention 
        without charges and trial, causing the disappearance of persons 
        by the abduction and clandestine detention of those persons, 
        and other flagrant denial of the right to life, liberty, or the 
        security of person.
            (5) Includes.--The term ``includes'' means includes but is 
        not limited to.
            (6) Notwithstanding.--The terms ``notwithstanding any other 
        provision of law'' and ``notwithstanding any provision of this 
        or any other Act'' shall not apply to title 31, United States 
        Code, the Congressional Budget and Impoundment Control Act of 
        1974, the Balanced Budget and Emergency Deficit Control Act of 
        1985, and the Budget Enforcement Act of 1990.
            (7) Officer or employee.--The term ``officer or employee'' 
        means civilian personnel of the United States Government and 
        members of the Armed Forces.
            (8) United states.--The term ``United States'', when used 
        in the geographic sense, includes the Commonwealth of Puerto 
        Rico, the Commonwealth of the Northern Mariana Islands, Guam, 
        American Samoa, the Virgin Islands, and any other territory or 
        possession of the United States.
            (9) Major illicit drug producing country.--The term ``major 
        illicit drug producing country'' has the same meaning as is 
        given to such term in section 481(e) of the Foreign Assistance 
        Act of 1961 as in effect before the effective date of this Act.
            (10) Major drug transit country.--The term ``major drug 
        transit country'' means a country--
                    (A) that is a significant direct source of illicit 
                narcotic or psychotropic drugs or other controlled 
                substances significantly affecting the United States;
                    (B) through which are transported such drugs or 
                substances; or
                    (C) through which significant sums of drug-related 
                profits or monies are laundered with the knowledge or 
                complicity of the government.
            (11) Narcotic and psychotropic drugs and other controlled 
        substances.--The term ``narcotic and psychotropic drugs and 
        other controlled substances'' has the same meaning as is given 
        by any applicable international narcotics control agreement or 
        domestic law of the country or countries concerned.
            (12) Armed forces.--The term ``Armed Forces'' means the 
        Army, Navy, Air Force, Marine Corps, and Coast Guard of the 
        United States.
            (13) Defense article and related terms.--The terms 
        ``defense article'', ``significant military equipment'', and 
        ``major defense equipment'' shall have the same meaning as in 
        the Arms Export Control Act. The term ``defense service'' 
        includes any service (including education and training), test, 
        inspection, repair, publication, or technical or other 
        assistance or defense information used for the purpose of 
        furnishing assistance administered through the Department of 
        Defense under this Act.
            (14) Excess defense articles.--The term ``excess defense 
        articles'' means the quantity of defense articles owned by the 
        United States Government, and not procured in anticipation of 
        defense assistance or sales requirements, or pursuant to a 
        defense assistance or sales order, which is in excess of the 
        Approved Acquisition Objective of all Department of Defense 
        Components at the time such articles are dropped from inventory 
        by the supplying agency for delivery to countries or 
        international organizations under this Act.
            (15) Value.--The term ``value'' means--
                    (A) with respect to an excess defense article, the 
                actual value of the article plus the gross cost 
                incurred by the United States Government in repairing, 
                rehabilitating, or modifying the article, except that 
                for purposes of section 831(c) such actual value shall 
                not be taken into account;
                    (B) with respect to a nonexcess defense article 
                delivered from inventory to a foreign country or 
                international organization under this Act, the 
                acquisition cost to the United States Government, 
                adjusted as appropriate for condition and market value; 
                and
                    (C) with respect to a nonexcess defense article 
                delivered from new procurement to a foreign country or 
                international organization under this Act, the contract 
                or production costs of such article.

SEC. 862. EFFECTIVE DATE.

    Except as otherwise provided in this Act, the provisions of this 
Act shall take effect on October 1, 1995.

SEC. 863. SAVINGS PROVISIONS.

    (a) In General.--(1) Except as may be expressly provided to the 
contrary in this Act, all determinations, authorizations, regulations, 
orders, contracts, agreements, and other actions issued, undertaken, or 
entered into under authority of any provision of law repealed by this 
Act shall continue in full force and effect until modified by 
appropriate authority.
    (2) Wherever provisions of this Act establish conditions which must 
be complied with before use may be made of authority contained in, or 
funds made available to carry out the provisions of, this Act, 
compliance with, or satisfaction of, substantially similar conditions 
under provisions repealed by this Act shall be deemed to constitute 
compliance with the conditions established by this Act.
    (3) Funds made available pursuant to provisions of law repealed by 
this Act shall, unless otherwise authorized or provided by law, remain 
available for their original purposes in accordance with the provisions 
of law originally applicable thereto, or in accordance with the 
provisions of law currently applicable to those purposes.
    (4) Funds made available pursuant to provisions of this Act may be 
used to complete or otherwise terminate programs, projects, and 
activities authorized under predecessor legislation.
    (5) References in law to provisions repealed by this Act may 
hereafter be deemed to be references to corresponding provisions of 
this Act, on a case-by-case basis as may be appropriate.
    (b) Certain Presidential Appointees.--The repeal by this Act of any 
provision of the Foreign Assistance Act of 1961 providing for the 
appointment of an individual to a position by the President, by and 
with the advice and consent of the Senate, and the reenactment by this 
Act of that provision in substantively identical form does not require 
the reappointment of the individual holding that position on the 
effective date specified in section 862.
    (c) Section 124(c) Authority.--Section 124(c) of the Foreign 
Assistance Act of 1961, as in effect before the effective date 
specified in section 862 of this Act, shall be deemed to remain in 
effect on and after that date. For purposes of this section, references 
in section 124(c) to sections 101 and 102 of the Foreign Assistance Act 
of 1961 shall be deemed to be references to sections 3 and 101 of this 
Act, respectively.
    (d) Guarantees and Loans Under Former Authority.--Guarantees 
committed or outstanding under the former authorities of sections 108, 
222, and 222A of the Foreign Assistance Act of 1961, as in effect 
before the effective date specified in section 862 of this Act, loans 
obligated under section 108 on or before such date, the fees and 
interest collected in connection with such guarantees and loans, and 
income on claims receivable with respect to such guarantees and loans, 
shall continue to be subject to provisions of such Act originally 
applicable to those guarantees and loans and the Federal Credit Reform 
Act of 1990.
    (e) If any provision of this Act, or the application of any 
provision to any circumstances or persons shall be held invalid, the 
validity of the remainder of this Act, and of the applicability of such 
provision to other circumstances or persons shall not be affected 
thereby.
    (f) Federal Act of State Doctrine.--
            (1) In general.--Notwithstanding any other provision of 
        law, no court in the United States shall decline on the ground 
        of the federal act of state doctrine to make a determination on 
        the merits giving effect to the principles of international law 
        in a case in which claim of title or other right to property is 
        asserted by any party, including a foreign state (or a party 
        claiming through such state), based upon (or traced through) a 
        confiscation or other taking after January 1, 1959, by an act 
        of that state in violation of the principles of international 
        law, including the principles of compensation and the other 
        standards set out in section 620(e)(1) of the Foreign 
        Assistance Act of 1961 as in effect before the effective date 
        of this section.
            (2) Exceptions.--This subsection shall not be applicable--
                    (A) in any case in which an act of a foreign state 
                is not contrary to international law or with respect to 
                a claim of title or other right to property acquired 
                pursuant to an irrevocable letter of credit of not more 
                than 180 days duration issued in good faith prior to 
                the time of the confiscation or other taking; or
                    (B) in any case with respect to which the President 
                determines that application of the act of state 
                doctrine is required in that particular case by the 
                foreign policy interests of the United States and a 
                suggestion to this effect is filed on his behalf in 
                that case with the court.

SEC. 864. CONFORMING AMENDMENTS.

    (a) Administrator of the Agency for International Development.--
References in any Act to the ``Administrator of the Agency for 
International Development'', the ``Administrator of the agency 
primarily responsible for administering part I'', or the 
``Administrator of the agency primarily responsible for administering 
this part'' shall be deemed to be a reference to the Secretary of 
State.
    (b) Agency for International Development.--References in any Act to 
the ``Agency for International Development'', the ``Agency primarily 
responsible for administering part I'', or the ``Agency primarily 
responsible for administering this part'' shall be deemed to be a 
reference to the Department of State.
    (c) Director of the Trade and Development Agency.--References in 
any Act to the ``Director of the Trade and Development Agency'' shall 
be deemed to be a reference to the Chair of the Board of Directors of 
the Overseas Private Investment Corporation.
    (d) Trade and Development Agency.--References in any Act to the 
``Trade and Development Agency'' shall be deemed to be a reference to 
the Overseas Private Investment Corporation.
    (e) Chapter 1 of Part I.--References in any Act to ``sections 103 
through 106'' or ``chapter 1 of part I'' of the Foreign Assistance Act 
of 1961 shall be deemed to be a reference to section 101 of this Act.
    (f) Chapter 4 of Part II.--References in any Act to ``chapter 4 of 
part II'' of the Foreign Assistance Act of 1961 shall be deemed to be a 
reference to section 101 or title V of this Act, as the case may be.

SEC. 865. REPEAL OF OBSOLETE PROVISIONS.

    (a) Foreign Assistance Act of 1961.--The Foreign Assistance Act of 
1961, as amended, is repealed except for the first section, section 
226, chapter 11 of part I, and part IV.
    (b) 1979 Reorganization Plan.--Reorganization Plan No. 2 of 1979 is 
repealed.
                                 <all>
S 422 IS----2
S 422 IS----3
S 422 IS----4
S 422 IS----5