[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