[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1465 Reported in Senate (RS)]
Calendar No. 180
107th CONGRESS
1st Session
S. 1465
To authorize the President to provide assistance to Pakistan and India
through September 30, 2003.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2001
Mr. Brownback (for himself, Mr. McConnell, Mr. Johnson, Mr. Helms, Mr.
Biden, Mr. Hagel, Mr. Frist, Mr. Wellstone, Mr. Torricelli, Mr.
Rockefeller, Mr. Allen, Mr. Harkin, and Mr. Kyl) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
October 4, 2001
Reported by Mr. Biden, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To authorize the President to provide assistance to Pakistan and India
through September 30, 2003.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. LIMITED AUTHORITY TO PROVIDE ASSISTANCE TO PAKISTAN
AND INDIA.</DELETED>
<DELETED> (a) Authority.--</DELETED>
<DELETED> (1) In general.--Notwithstanding any other
provision of law, the President is authorized, for Pakistan and
India, to provide assistance, enter into contracts, take
actions in international financial institutions, sell, lease,
or authorize the export of defense articles or defense
services, authorize the export of dual-use items, or extend
other financial assistance, under the Foreign Assistance Act of
1961, the Arms Export Control Act, the Export-Import Bank Act
of 1945, or any other provision of law, if the President
determines that it is in the national interest of the United
States and important to United States efforts to respond to,
deter, or prevent acts of international terrorism.</DELETED>
<DELETED> (2) Congressional notification required.--The
authority of this section may be exercised only after
notification to the appropriate committees of
Congress.</DELETED>
<DELETED> (b) Statutory Construction.--Nothing in this section shall
be construed to authorize the President to provide for nuclear
cooperation with India or Pakistan.</DELETED>
<DELETED> (c) Period for Exercise of Authority.--The authority of
this paragraph may be exercised through September 30, 2003.</DELETED>
SECTION 1. EXEMPTIONS AND WAIVER OF APPROPRIATIONS ACT PROHIBITIONS
WITH RESPECT TO PAKISTAN.
(a) Fiscal Year 2002 and Prior Fiscal Years.--
(1) Exemptions.--Any provision of the foreign operations,
export financing, and related programs appropriations Act for
fiscal year 2002, or any provision of such Act for a prior
fiscal year, that prohibits direct assistance to a country
whose duly elected head of government was deposed by decree or
military coup shall not apply with respect to Pakistan.
(2) Prior consultation required.--Not less than 5 days
prior to the obligation of funds for Pakistan under paragraph
(1), the President shall consult with the appropriate
congressional committees with respect to such obligation.
(b) Fiscal Year 2003.--
(1) Waiver.--The President is authorized to waive, with
respect to Pakistan, any provision of the foreign operations,
export financing, and related programs appropriations Act for
fiscal year 2003 that prohibits direct assistance to a country
whose duly elected head of government was deposed by decree or
military coup, if the President determines and certifies to the
appropriate congressional committees that such waiver--
(A) would facilitate the transition to democratic
rule in Pakistan; and
(B) is important to United States efforts to
respond to, deter, or prevent acts of international
terrorism.
(2) Prior consultation required.--Not less than 5 days
prior to the exercise of the waiver authority under paragraph
(1), the President shall consult with the appropriate
congressional committees with respect to such waiver.
SEC. 2. INCREASED FLEXIBILITY IN THE EXERCISE OF WAIVER AUTHORITY OF
MTCR AND EXPORT ADMINISTRATION ACT SANCTIONS WITH RESPECT
TO PAKISTAN.
Any waiver under 73(e) of the Arms Export Control Act (22 U.S.C.
2797b(e)), or under section 11B(b)(5) of the Export Administration Act
of 1979 (50 U.S.C. App. 2410b(b)(5)) (or successor statute), with
respect to a sanction that was imposed on foreign persons in Pakistan
prior to January 1, 2001, may be exercised--
(1) only after consultation with the appropriate
congressional committees; and
(2) without regard to the notification periods set forth in
the respective section authorizing the waiver.
SEC. 3. EXEMPTION OF PAKISTAN FROM FOREIGN ASSISTANCE PROHIBITIONS
RELATING TO FOREIGN COUNTRY LOAN DEFAULTS.
The following provisions of law shall not apply with respect to
Pakistan:
(1) Section 620(q) of the Foreign Assistance Act of 1961
(22 U.S.C. 2370(q)).
(2) Such provision of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002, as is
comparable to section 512 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2001
(Public Law 106-429; 114 Stat. 1900A-25).
SEC. 4. MODIFICATION OF NOTIFICATION DEADLINES FOR DRAWDOWNS AND
TRANSFER OF EXCESS DEFENSE ARTICLES TO RESPOND TO, DETER,
OR PREVENT ACTS OF INTERNATIONAL TERRORISM.
(a) Drawdowns.--Notwithstanding the second sentence of section
506(b)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(b)(1)),
each notification under that section with respect to any drawdown
authorized by subclause (III) of subsection (a)(2)(A)(i) that the
President determines is important to United States efforts to respond
to, deter, or prevent acts of international terrorism shall be made at
least 5 days in advance of the drawdown in lieu of the 15-day
requirement in that section.
(b) Transfers of Excess Defense Articles.--Notwithstanding section
516(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(f)(1)), each notification under that section with respect to any
transfer of an excess defense article that the President determines is
important to United States efforts to respond to, deter, or prevent
acts of international terrorism shall be made at least 15 days in
advance of the transfer in lieu of the 30-day requirement in that
section.
SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives.
SEC. 6. TERMINATION DATE.
Except as otherwise provided in section 1 or 3, the provisions of
this Act shall terminate on October 1, 2003.
Amend the title so as to read: ``A bill to authorize the
President to exercise waivers of foreign assistance
restrictions with respect to Pakistan through September 30,
2003, and for other purposes.''.
Calendar No. 180
107th CONGRESS
1st Session
S. 1465
_______________________________________________________________________
A BILL
To authorize the President to provide assistance to Pakistan and India
through September 30, 2003.
_______________________________________________________________________
October 4, 2001
Reported with an amendment and an amendment to the title