[JPRT 105-46]
[From the U.S. Government Publishing Office]



                                                         S. Prt. 105-46

                     COMMITTEE ON FOREIGN RELATIONS



                  COMMITTEE ON INTERNATIONAL RELATIONS

=======================================================================


 
             Legislation on Foreign Relations Through 1997             

                                     


                                     

                               MARCH 1998

                               VOLUME I-A

                         OF VOLUMES I-A AND I-B

                        CURRENT LEGISLATION AND

                        RELATED EXECUTIVE ORDERS

                              U.S. Senate

                     U.S. House of Representatives


    Printed for the use of the Committees on Foreign Relations and 
International Relations of the Senate and the House of Representatives 
                              respectively

                                -------                                

                    U.S. GOVERNMENT PRINTING OFFICE
                           WASHINGTON : 1998
45-488 CC                                                               
                                             

_______________________________________________________________________

            For sale by the U.S. Government Printing Office            
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
                           ISBN 0-16-056344-5                          




                     COMMITTEE ON FOREIGN RELATIONS

                 JESSE HELMS, North Carolina, Chairman

RICHARD G. LUGAR, Indiana            JOSEPH R. BIDEN, Jr., Delaware
PAUL COVERDELL, Georgia              PAUL S. SARBANES, Maryland
CHUCK HAGEL, Nebraska                CHRISTOPHER J. DODD, Connecticut
GORDON H. SMITH, Oregon              JOHN F. KERRY, Massachusetts
CRAIG THOMAS, Wyoming                CHARLES S. ROBB, Virginia
ROD GRAMS, Minnesota                 RUSSELL D. FEINGOLD, Wisconsin
JOHN ASHCROFT, Missouri              DIANNE FEINSTEIN, California
BILL FRIST, Tennessee                PAUL D. WELLSTONE, Minnesota
SAM BROWNBACK, Kansas

                     James W. Nance, Staff Director
                 Edwin K. Hall, Minority Staff Director

                                 ______


                  COMMITTEE ON INTERNATIONAL RELATIONS

                 BENJAMIN A. GILMAN, New York, Chairman

WILLIAM F. GOODLING, Pennsylvania    LEE H. HAMILTON, Indiana
JAMES A. LEACH, Iowa                 SAM GEJDENSON, Connecticut
HENRY J. HYDE, Illinois              TOM LANTOS, California
DOUG BEREUTER, Nebraska              HOWARD L. BERMAN, California
CHRISTOPHER H. SMITH, New Jersey     GARY L. ACKERMAN, New York
DAN BURTON, Indiana                  ENI F.H. FALEOMAVAEGA, American 
ELTON GALLEGLY, California           Samoa
ILEANA ROS-LEHTINEN, Florida         MATTHEW G. MARTINEZ, California
CASS BALLENGER, North Carolina       DONALD M. PAYNE, New Jersey
DANA ROHRABACHER, California         ROBERT E. ANDREWS, New Jersey
DONALD A. MANZULLO, Illinois         ROBERT MENENDEZ, New Jersey
EDWARD R. ROYCE, California          SHERROD BROWN, Ohio
PETER T. KING, New York              CYNTHIA A. McKINNEY, Georgia
JAY KIM, California                  ALCEE L. HASTINGS, Florida
STEVEN J. CHABOT, Ohio               PAT DANNER, Missouri
MARSHALL ``MARK'' SANFORD, South     EARL F. HILLIARD, Alabama
Carolina                             BRAD SHERMAN, California
MATT SALMON, Arizona                 ROBERT WEXLER, Florida
AMO HOUGHTON, New York               STEVEN R. ROTHMAN, New Jersey
TOM CAMPBELL, California             BOB CLEMENT, Tennessee
JON D. FOX, Pennsylvania             BILL LUTHER, Minnesota
JOHN M. McHUGH, New York             JIM DAVIS, Florida
LINDSEY O. GRAHAM, South Carolina
ROY BLUNT, Missouri
KEVIN BRADY, Texas

                    Richard J. Garon, Chief of Staff
             Michael H. Van Dusen, Minority Chief of Staff

                                  (ii)




                                FOREWORD

                              ----------                              

    This volume of legislation and related material is part of 
a five volume set of laws and related material frequently 
referred to by the Committees on Foreign Relations of the 
Senate and International Relations of the House of 
Representatives, amended to date and annotated to show 
pertinent history or cross references.
    Volumes I (A and B), II, III and IV contain legislation and 
related material and are republished with amendments and 
additions at the end of each annual session of Congress. Volume 
V, which contains treaties and related material, will not be 
revised every year, but only as necessary.
    We wish to express our appreciation to Dianne E. Rennack 
and C. Winston Woodland of the Foreign Affairs and National 
Defense Division of the Congressional Research Service of the 
Library of Congress who prepared volume I-A of this year's 
compilation.
                                           Jesse Helms,
                          Chairman, Committee on Foreign Relations.
                                           Benjamin A. Gilman,
                    Chairman, Committee on International Relations.

                                 (iii)




                            EXPLANATORY NOTE

                              ----------                              

    All public laws included in this volume are codified and in 
force through the end of the first session of the 105th 
Congress. The texts of the public laws in this volume are 
printed as they appear in the United States Statutes at Large 
rather than the United States Code. Amendments are incorporated 
into the text and distinguished by a footnote.
    All Executive orders and State Department delegations of 
authority are codified and in force as of January 31, 1998.

                                  (v)


                             ABBREVIATIONS

Bevans......................................  Treaties and Other        
                                               International Agreements 
                                               of the United States of  
                                               America, 1776-1949,      
                                               compiled under the       
                                               direction of Charles I.  
                                               Bevans.                  
CFR.........................................  Code of Federal           
                                               Regulations.             
EAS.........................................  Executive Agreement       
                                               Series.                  
F.R.........................................  Federal Register.         
LNTS........................................  League of Nations Treaty  
                                               Series.                  
I Malloy, II Malloy.........................  Treaties, Conventions,    
                                               International Acts,      
                                               Protocols, and Agreements
                                               Between the United States
                                               of America and Other     
                                               Powers, 1776-1909,       
                                               compiled under the       
                                               direction of the United  
                                               States Senate by William 
                                               M. Malloy.               
Stat........................................  United States Statutes at 
                                               Large.                   
TIAS........................................  Treaties and Other        
                                               International Acts       
                                               Series.                  
TS..........................................  Treaty Series.            
UNTS........................................  United Nations Treaty     
                                               Series.                  
U.S.C.......................................  United States Code.       
UST.........................................  United States Treaties and
                                               Other International      
                                               Agreements.              
                                                                        

                                 (vii)




                                CONTENTS

                               __________
                                                                   Page

FOREWORD.........................................................   iii

EXPLANATORY NOTE.................................................     v

ABBREVIATIONS....................................................   vii

A. FOREIGN ASSISTANCE............................................     1

 1. Foreign Assistance and Arms Export Acts......................    13
 2. Foreign Assistance Appropriations............................   593

APPENDICES.......................................................   723

INDEX............................................................   763

                                  (ix)





=======================================================================

                         A. FOREIGN ASSISTANCE

                                CONTENTS

                                                                   Page

1. Foreign Assistance and Arms Export Acts.......................    13
    a. The Foreign Assistance Act of 1961, as amended (Public Law 
      87-195)....................................................    13
        Part I:
            Chapter 1--Policy; Development Assistance 
              Authorizations.....................................    16
                Section 101--General Policy......................    16
                Section 102--Development Assistance Policy.......    17
                Section 103--Agriculture, Rural Development, and 
                    Nutrition....................................    25
                Section 103A--Agricultural Research..............    28
                Section 104--Population and Health...............    28
                Section 105--Education and Human Resources 
                    Development..................................    32
                Section 106--Energy, Private Voluntary 
                    Organizations, and Selected Development 
                    Activities...................................    34
                Section 107--Appropriate Technology..............    37
                Section 108--Private Sector Revolving Fund.......    37
                Section 109--Transfer of Funds...................    41
                Section 110--Cost-Sharing and Funding Limits.....    42
                Section 111--Development and Use of Cooperatives.    42
                Section 113--Integrating Women Into National 
                    Economies....................................    42
                Section 116--Human Rights........................    43
                Section 117--Environment and Natural Resources...    46
                Section 118--Tropical Forests....................    47
                Section 119--Endangered Species..................    50
                Section 120--Sahel Development Program--Planning.    52
                Section 122--General Authorities.................    53
                Section 123--Private and Voluntary Organizations 
                    and Cooperatives in Overseas Development.....    54
                Section 124--Relatively Least Developed Countries    57
                Section 125--Project and Program Evaluation......    58
                Section 126--Development and Illicit Narcotics 
                    Production...................................    59
                Section 127--Accelerated Loan Repayments.........    59
                Section 128--Targeted Assistance.................    60
            Chapter 2--Other Programs............................    60
            Title I--Multilateral and Regional Development 
              Programs...........................................    60
                Section 206--Regional Development in Africa......    60
                Section 209--Multilateral and Regional Programs..    61
            Title II--American Schools and Hospitals Abroad; 
              Prototype Desalting Plant..........................    62
                Section 214--American Schools and Hospitals 
                    Abroad.......................................    62
                Section 219--Prototype Desalting Plant...........    63
            Title III--Housing and Other Credit Guaranty Programs    64
                Section 221--Housing Guaranties..................    64
                Section 222--Authorization.......................    65
                Section 222A--Agricultural and Productive Credit 
                    and Self-Help Community Development Programs.    66
                Section 223--General Provisions..................    68
                Section 224--Trade Credit Insurance Program for 
                    Central America..............................    71
                Section 225--Trade Credit Insurance Program for 
                    Poland.......................................    72
                Section 226--Loan Guarantees to Israel Program...    74
            Title IV--Overseas Private Investment Corporation....    78
                Section 231--Creation, Purpose, and Policy.......    78
                Section 231A--Additional Requirements............    81
                Section 232--Capital of the Corporation..........    82
                Section 233--Organization and Management.........    82
                Section 234--Investment Insurance and Other 
                    Programs.....................................    84
                Section 234A--Enhancing Private Political Risk 
                    Insurance Industry...........................    90
                Section 235--Issuing Authority, Direct Investment 
                    Authority and Reserves.......................    91
                Section 236--Income and Revenues.................    94
                Section 237--General Provisions Relating to 
                    Insurance Guaranty, and Financing Program....    95
                Section 238--Definitions.........................    98
                Section 239--General Provisions and Powers.......    99
                Section 240--Small Business Development..........   103
                Section 240A--Reports to the Congress............   103
                Section 240B--Prohibition on Noncompetitive 
                    Awarding of Insurance Contracts on OPIC 
                    Supported Exports............................   105
            Title V--Disadvantaged Children in Asia..............   106
                Section 241--Assistance to Certain Disadvantaged 
                    Children in Asia.............................   106
            Title IX--Utilization of Democratic Institutions in 
              Development........................................   107
                Section 281--Utilization of Democratic 
                    Institutions in Development..................   107
            Title XII--Famine Prevention and Freedom From Hunger.   108
                Section 296--General Provisions..................   108
                Section 297--General Authority...................   110
                Section 298--Board for International Food and 
                    Agricultural Development.....................   111
                Section 299--Authorization.......................   112
                Section 300--Annual Report.......................   113
            Chapter 3--International Organizations and Programs..   113
                Section 301--General Authority...................   113
                Section 302--Authorization.......................   116
                Section 303--Indus Basin Development.............   119
                Section 305--Integration of Women................   120
                Section 306--Reports on International 
                    Organizations................................   120
                Section 307--Withholding of United States 
                    Proportionate Share for Certain Programs of 
                    International Organizations..................   121
            Chapter 5--Contingencies.............................   122
                Section 451--Contingencies.......................   122
            Chapter 6--Central America Democracy, Peace, and 
              Development Initiative.............................   123
                Section 461--Statement of Policy.................   123
                Section 462--Conditions on Furnishing Assistance.   124
                Section 463--Peace Process in Central America....   124
                Section 464--Economic Assistance Coordination....   124
                Section 465--Authorizations for Fiscal Years 1988 
                    and 1989.....................................   126
                Section 466--Definitions.........................   126
            Chapter 7--Debt-For-Nature Exchanges.................   127
                Section 461--Definition..........................   127
                Section 462--Assistance for Commercial Debt 
                    Exchanges....................................   127
                Section 463--Eligible Projects...................   127
                Section 464--Eligible Countries..................   128
                Section 465--Terms and Conditions................   128
                Section 466--Pilot Program for Sub-Saharan Africa   129
            Chapter 8--International Narcotics Control...........   129
                Section 481--Policy, General Authorities, 
                    Coordination, Foreign Police Actions, 
                    Definitions, and Other Provisions............   129
                Section 482--Authorization.......................   135
                Section 483--Prohibition on Use of Foreign 
                    Assistance for Reimbursements for Drug Crop 
                    Eradications.................................   138
                Section 484--Requirements Relating to Aircraft 
                    and Other Equipment..........................   138
                Section 485--Records of Aircraft Use.............   139
                Section 486--Reallocation of Funds Withheld from 
                    Countries Which Fail to Take Adequate Steps 
                    to Halt Illicit Drug Production or 
                    Trafficking..................................   139
                Section 487--Prohibition on Assistance to Drug 
                    Traffickers..................................   140
                Section 488--Limitations on Acquisitions of Real 
                    Property and Construction of Facilities......   141
                Section 489--Reporting Requirements..............   142
                Section 490--Annual Certification Procedures.....   146
            Chapter 9--International Disaster Assistance.........   150
                Section 491--Policy and General Authority........   150
                Section 492--Authorization.......................   150
                Section 493--Disaster Assistance--Coordination...   151
                Section 494--Disaster Relief Assistance..........   151
                Section 495--Cyprus Relief and Rehabilitation....   151
                Section 495B--Italy Relief and Rehabilitation....   152
                Section 495C--Lebanon Relief and Rehabilitation..   153
                Section 495D--Romanian Relief and Rehabilitation.   153
                Section 495E--Turkey Relief, Rehabilitation, and 
                    Reconstruction...............................   154
                Section 495F--African Rehabilitation and 
                    Resettlement.................................   154
                Section 495G--Special Caribbean Hurricane Relief 
                    Assistance...................................   155
                Section 495H--Cambodian Disaster Relief 
                    Assistance...................................   155
                Section 495I--Assistance for Displaced Persons in 
                    Central America..............................   156
                Section 495J--Lebanon Emergency Relief, 
                    Rehabilitation, and Reconstruction Assistance   157
                Section 495K--African Famine Assistance..........   157
            Chapter 10--Development Fund for Africa..............   158
                Section 496--Long-Term Development Assistance for 
                    Sub-Saharan Africa...........................   158
                Section 497--Authorizations of Appropriations for 
                    the Development Fund for Africa..............   163
            Chapter 11--Support for the Economic and Democratic 
              Development of the Independent States of the Former 
              Soviet Union.......................................   163
                Section 498--Assistance for the Independent 
                    States.......................................   163
                Section 498A--Criteria for Assistance to 
                    Governments of the Independent States........   166
                Section 498B--Authorities Relating to Assistance 
                    and Other Provisions.........................   170
                Section 498C--Authorization of Appropriations....   173
        Part II:
            Chapter 1--Policy....................................   176
                Section 501--Statement of Policy.................   176
                Section 502--Utilization of Defense Articles and 
                    Services.....................................   177
                Section 502B--Human Rights.......................   178
            Chapter 2--Military Assistance.......................   182
                Section 503--General Authority...................   182
                Section 504--Authorization.......................   184
                Section 505--Conditions of Eligibility...........   184
                Section 506--Special Authority...................   188
                Section 511--Considerations in Furnishing 
                    Military Assistance..........................   191
                Section 514--Stockpiling of Defense Articles for 
                    Foreign Countries............................   192
                Section 515--Overseas Management of Assistance 
                    and Sales Programs...........................   194
                Section 516--Modernization of Defense 
                    Capabilities of Countries of NATO's Southern 
                    Flank........................................   195
                Section 517--Designation of Major Non-NATO Allies   199
            Chapter 3--Foreign Military Sales....................   199
                Section 524--Reimbursements......................   199
            Chapter 4--Economic Support Fund.....................   201
                Section 531--Authority...........................   201
                Section 532--Authorization of Appropriations.....   203
                Section 533--Emergency Assistance................   204
                Section 534--Administration of Justice...........   204
            Chapter 5--International Military Education and 
              Training...........................................   206
                Section 541--General Authority...................   206
                Section 542--Authorization.......................   207
                Section 543--Purposes............................   207
                Section 544--Exchange Training...................   208
                Section 545--Training in Maritime Skills.........   209
                Section 546-- Prohibition on Grant Assistance for 
                    Certain High Income Foreign Countries........   209
            Chapter 6--Peacekeeping Operations...................   209
                Section 551--General Authority...................   209
                Section 552--Authorization of Appropriations.....   209
                Section 553--Administrative Authorities..........   211
            Chapter 7--Air Base Construction in Israel...........   211
                Section 561--General Authority...................   211
                Section 562--Authorization and Utilization of 
                    Funds........................................   211
                Section 563--Waiver Authorities..................   212
            Chapter 8--Antiterrorism Assistance..................   212
                Section 571--General Authority...................   212
                Section 572--Purposes............................   213
                Section 573--Limitations.........................   213
                Section 574--Authorizations of Appropriations....   214
                Section 575--Administrative Authorities..........   215
        Part III:
            Chapter 1--General Provisions........................   216
                Section 601--Encouragement of Free Enterprise and 
                    Private Participation........................   216
                Section 602--Small Business......................   218
                Section 603--Shipping on United States Vessels...   219
                Section 604--Procurement.........................   219
                Section 605--Retention and Use of Certain Items 
                    and Funds....................................   221
                Section 606--Patents and Technical Information...   222
                Section 607--Furnishing of Services and 
                    Commodities..................................   223
                Section 608--Advance Acquisition of Property.....   225
                Section 609--Special Account.....................   226
                Section 610--Transfer Between Accounts...........   228
                Section 611--Completion of Plans and Cost 
                    Estimates....................................   229
                Section 612--Use of Foreign Currencies...........   230
                Section 613--Accounting, Valuation, Reporting, 
                    and Administration of Foreign Currencies.....   231
                Section 614--Special Authorities.................   232
                Section 615--Contract Authority..................   234
                Section 616--Availability of Funds...............   234
                Section 617--Termination of Assistance...........   234
                Section 620--Prohibitions Against Furnishing 
                    Assistance...................................   235
                Section 620A--Prohibition on Assistance to 
                    Governments Supporting International 
                    Terrorism....................................   244
                Section 620C--United States Policy Regarding the 
                    Eastern Mediterranean........................   246
                Section 620D--Prohibition on Assistance to 
                    Afghanistan..................................   249
                Section 620E--Assistance to Pakistan.............   249
                Section 620F--Nuclear Non-Proliferation Policy in 
                    South Asia...................................   252
                Section 620G--Prohibition on Assistance to 
                    Countries That Aid Terrorist States..........   253
                Section 620G--Depleted Uranium Ammunition........   253
                Section 620H--Prohibition on Assistance to 
                    Countries That Provide Military Equipment to 
                    Terrorist States.............................   254
                Section 620I--Prohibition on Assistance to 
                    Countries That Restrict United States 
                    Humanitarian Assistance......................   254
            Chapter 2--Administrative Provisions.................   255
                Section 621--Exercise of Functions...............   255
                Section 621A--Strengthened Management Practices..   256
                Section 622--Coordination With Foreign Policy....   256
                Section 623--The Secretary of Defense............   257
                Section 624--Statutory Officers..................   257
                Section 625--Employment of Personnel.............   258
                Section 626--Experts, Consultants, and Retired 
                    Officers.....................................   260
                Section 627--Detail of Personnel to Foreign 
                    Governments..................................   261
                Section 628--Detail of Personnel to International 
                    Organizations................................   261
                Section 629--Status of Personnel Detailed........   261
                Section 630--Terms of Detail or Assignment.......   262
                Section 631--Missions and Staffs Abroad..........   262
                Section 632--Allocation and Reimbursement Among 
                    Agencies.....................................   263
                Section 633--Waivers of Certain Laws.............   265
                Section 633A--Furnishing Information.............   266
                Section 634--Annual Report.......................   266
                Section 634A--Notification of Program Changes....   269
                Section 634B--Classification of Reports..........   270
                Section 635--General Authorities.................   270
                Section 636--Provisions on Uses of Funds.........   272
                Section 637--Administrative Expenses.............   277
                Section 638--Exclusions..........................   277
                Section 640A--False Claims and Ineligible 
                    Commodities..................................   277
                Section 640B--Coordination.......................   278
                Section 640C--Shipping Differential..............   280
            Chapter 3--Miscellaneous Provisions..................   280
                Section 641--Effective Date and Identification of 
                    Programs.....................................   280
                Section 642--Statutes Repealed...................   280
                Section 643--Saving Provisions...................   280
                Section 644--Definitions.........................   281
                Section 645--Unexpended Balances.................   284
                Section 646--Construction........................   284
                Section 647--Dependable Fuel Supply..............   284
                Section 648--Special Authorization for Use of 
                    Foreign Currencies...........................   284
                Section 650--Use of United States Armed Forces...   285
                Section 652--Limitation Upon Exercise of Special 
                    Authorities..................................   285
                Section 653--Change in Allocation of Foreign 
                    Assistance...................................   285
                Section 654--Presidential Findings and 
                    Determinations...............................   287
                Section 655--Annual Military Assistance Report...   287
                Section 660--Prohibiting Police Training.........   288
                Section 661--Trade and Development Agency........   290
                Section 663--Exchanges of Certain Materials......   293
                Section 666--Discrimination Against United States 
                    Personnel....................................   294
                Section 667--Operating Expenses..................   294
        Part IV
            Enterprise for the Americas Initiative...............   296
                Section 701--Purpose.............................   296
                Section 702--Definitions.........................   296
                Section 703--Eligibilty for Benefits.............   297
                Section 704--Reduction of Certain Debt...........   297
                Section 705--Repayment of Principal..............   298
                Section 706--Interest on New Obligations.........   298
                Section 707--Enterprise for the Americas Funds...   299
                Section 708--Americas Framework Agreements.......   299
                Section 709--Enterprise for the Americas Board...   301
                Section 710--Annual Reports to the Congress......   301
    b. Arms Export Control Act (Public Law 90-629)...............   303
    c. Miscellaneous Authorization--Fiscal Years 1996 and 1997 
      (Public Law 104-164) (partial text)........................   408
    d. Jobs Through Trade Export Act of 1994 (Public Law 103-392) 
      (partial text).............................................   411
    e. Jobs Through Export Act of 1992 (Public Law 102-549)......   413
    f. Overseas Private Investment Corporation Amendments Act of 
      1988 (Public Law 100-461) (partial text)...................   422
    g. Special Foreign Assistance Act of 1986 (Public Law 99-529) 
      (partial text).............................................   424
    h. International Security and Development Cooperation Act of 
      1985 (Public Law 99-83) (partial text).....................   430
            Section 1--Short Title and Table of Contents.........   430
        Title I--Military Assistance and Sales and Related 
          Programs...............................................   430
            Section 101--Foreign Military Sales Credits..........   430
            Section 106--Guaranty Reserve Fund...................   432
            Section 129--Conventional Arms Transfers.............   432
            Section 130--Foreign Military Sales for Jordan.......   433
            Section 131--Certification Concerning AWACS Sold to 
              Saudi Arabia.......................................   434
            Section 132--Cooperative Agreements on Air Defense in 
              Central Europe.....................................   435
        Title II--Economic Support Fund..........................   437
            Section 202--Assistance for the Middle East..........   437
            Section 203--Assistance for Cyprus...................   438
            Section 204--Assistance for Portugal.................   439
            Section 205--Acquisition of Agricultural Commodities 
              Under Commodity Import Programs....................   439
            Section 206--Tied Aid Credit Program.................   439
            Section 207--Restriction on Use of Funds for Nuclear 
              Facilities.........................................   439
            Section 208--Fiscal Year 1985 Supplemental 
              Authorization......................................   440
        Title III--Development Assistance........................   440
            Section 305--Promotion of Immunization and Oral 
              Rehydration........................................   440
            Section 311--Use of Private and Voluntary 
              Organizations, Cooperatives, and the Private Sector   440
            Section 315--Minority Set-Aside......................   441
        Title IV--Other Foreign Assistance Programs..............   441
            Section 402--Voluntary Contributions to International 
              Organizations and Programs.........................   441
        Title V--International Terrorism and Foreign Airport 
          Security...............................................   441
                Part A--International Terrorism Generally
            Section 502--Coordination of All United States 
              Terrorism-Related Assistance to Foreign Countries..   442
            Section 504--Prohibition on Imports From and Exports 
              to Libya...........................................   442
            Section 505--Ban on Importing Goods and Services from 
              Countries Supporting Terrorism.....................   443
            Section 506--International Anti-Terrorism Committee..   443
            Section 507--International Terrorism Control Treaty..   443
            Section 508--State Terrorism.........................   444
                Part B--Foreign Airport Security
            Section 551--Security Standards for Foreign Air 
              Transportation.....................................   444
            Section 554--Enforcement of International Civil 
              Aviation Organization Standards....................   444
            Section 555--International Civil Aviation Boycott of 
              Countries Supporting International Terrorism.......   444
            Section 557--Research on Airport Security Techniques 
              for Detecting Explosives...........................   445
            Section 558--Hijacking of TWA Flight 847 and Other 
              Acts of Terrorism..................................   445
            Section 559--Effective Date..........................   445
        Title VI--International Narcotics Control................   445
            Section 607--Procurement of Weapons to Defend 
              Aircraft Involved in Narcotics Control Efforts.....   445
            Section 610--Assistance for Jamaica..................   446
            Section 611--Assistance for Bolivia..................   446
            Section 612--Assistance to Peru......................   447
            Section 613--Reallocation of Funds if Conditions Not 
              Met................................................   448
            Section 615--Latin American Regional Narcotics 
              Control Organization...............................   448
            Section 616--Greater Effort by United States Armed 
              Forces to Support Narcotics Control Efforts Abroad.   448
            Section 617--Cuban Drug Trafficking..................   448
            Section 619--Drug Trafficking and the Problem of 
              Total Confidentiality of Certain Foreign Bank 
              Accounts...........................................   450
        Title VII--Western Hemisphere............................   450
            Section 702--El Salvador.............................   450
            Section 703--Assistance for Guatemala................   453
            Section 704--Refugees in Honduras....................   455
            Section 705--Promoting the Development of the Haitian 
              People and Providing for Orderly Emigration from 
              Haiti..............................................   455
            Section 706--Military Assistance for Paraguay........   456
            Section 707--Assistance for Peru.....................   457
            Section 709--Comprehensive Reports on Assistance for 
              Latin America and the Caribbean....................   457
            Section 710--Use of Private and Voluntary 
              Organizations......................................   458
            Section 713--Use of Employee Stock Ownership Plans in 
              Development Efforts................................   458
            Section 714--International Advisory Commission for 
              the Caribbean Region...............................   459
            Section 716--Rural Electrification...................   460
            Section 717--Facilitating International Commerce 
              Through Mexico.....................................   460
            Section 718--Condemning Human Rights Violations and 
              the Subversion of Other Governments by the 
              Government of Cuba.................................   461
            Section 719--Reports on Foreign Debt in Latin America   461
            Section 720--Economic Assistance for Uruguay.........   462
            Section 721--Canadian Exports to the United States...   462
            Section 722--Nicaragua...............................   462
        Title VIII--Africa.......................................   472
            Section 801--Balance-of-Payments Support for 
              Countries in Africa................................   472
            Section 802--Economic Support Assistance for Southern 
              Africa.............................................   473
            Section 803--Policy Toward South African 
              ``Homelands''......................................   474
            Section 804--Assistance for Zaire....................   475
            Section 805--Assistance for Tunisia..................   475
            Section 806--Political Settlement in Sudan...........   476
            Section 807--Elections in Liberia....................   476
            Section 808--Western Sahara..........................   476
            Section 813--Assistance for the People's Republic of 
              Mozambique.........................................   478
        Title IX--Asia...........................................   478
            Section 901--The Philippines.........................   478
            Section 903--Disadvantaged Children in Asia..........   479
            Section 904--Assistance for Afghanistan..............   480
            Section 905--Assistance for the Cambodian People.....   480
            Section 906--Prohibition on Certain Assistance for 
              the Khmer Rouge....................................   480
            Section 907--Political Settlement in Sri Lanka.......   480
            Section 908--United States Policy Toward the Republic 
              of Korea...........................................   481
        Title X--Food and Agricultural Assistance................   482
            Section 1008--Long-Term Agricultural Commodity 
              Agreements with Food Deficit Countries.............   482
        Title XI--Peace Corps....................................   482
            Section 1103--Limitation on Length of Peace Corps 
              Employment.........................................   482
            Section 1104--Peace Corps National Advisory Council..   482
        Title XII--Miscellaneous Provisions Relating to Foreign 
          Assistance.............................................   482
            Section 1205--Reports on Economic Conditions in 
              Certain Countries..................................   482
            Section 1206--Egyptian-Israeli Relations.............   483
            Section 1210--Report on United States Assistance to 
              Coal Exporting Nations.............................   483
        Title XIII--Miscellaneous Provisions.....................   483
            Section 1301--Effective Date.........................   483
            Section 1302--Codification of Policy Prohibiting 
              Negotiations with the Palestine Liberation 
              Organization.......................................   483
            Section 1303--Commission for the Preservation of 
              America's Heritage Abroad..........................   484
            Section 1304--Federal Coal Export Commission.........   486
    i. International Security and Development Assistance 
      Authorization Act of 1983 (Public Law 98-151) (partial 
      text)......................................................   488
    j. International Security and Development Cooperation Act of 
      1981 (Public Law 97-113) (partial text)....................   492
            Section 1--Short Title...............................   492
        Title I--Military Sales and Related Programs.............   492
            Section 108--Special Defense Acquisition Fund........   492
        Title II--Economic Support Fund..........................   493
            Section 203--Acquisition of Agricultural Commodities 
              and Related Products Under Commodity Import 
              Programs...........................................   493
        Title III--Development Assistance........................   493
            Section 301--Agriculture, Rural Development, and 
              Nutrition..........................................   493
        Title IV--Food for Peace Programs........................   494
            Section 403--Self-Help Measures To Increase 
              Agricultural Production; Verification of Self-Help 
              Provisions.........................................   494
        Title V--Other Assistance Programs.......................   494
            Section 502--International Narcotics Control.........   494
        Title VI--Peace Corps....................................   495
            Section 601--Establishment as an Independent Agency..   495
            Section 604--Restoration of Certain Authorities 
              Formerly Contained in the Foreign Service Act......   495
        Title VII--Miscellaneous Provisions......................   495
            Section 705--Inspector General.......................   495
            Section 708--Emergency Humanitarian Help for the 
              People of Poland...................................   495
            Section 709--Use of Certain Polish Currencies........   496
            Section 710--Findings Regarding Global Security......   496
            Section 711--World Food Security Reserves............   496
            Section 712--Findings and Declaration of Policy 
              Regarding World Hunger.............................   497
            Section 713--Reaffirmation of Support for Human 
              Rights Provisions..................................   497
            Section 714--Immigrant Visas for Taiwan..............   497
            Section 715--Lebanon.................................   497
            Section 716--Use of Chemical and Toxic Weapons.......   498
            Section 717--Financial Obligations to the United 
              Nations............................................   499
            Section 718--Condemnation of Libya for its Support of 
              International Terrorist Movements..................   499
            Section 719--United States Citizens Acting in the 
              Service of International Terrorism.................   500
            Section 720--Nonaligned Countries....................   500
            Section 721--Promoting the Development of the Haitian 
              People and Providing for Orderly Emigration from 
              Haiti..............................................   501
            Section 722--Comprehensive Analysis of Foreign 
              Assistance.........................................   501
            Section 723--External Debt Burdens of Egypt, Israel, 
              and Turkey.........................................   502
            Section 724--Nicaragua...............................   502
            Section 726--Repeal of Limitations on Assistance, 
              Sales and Sales Credits for Chile..................   503
            Section 727--Assistance for El Salvador..............   504
            Section 728--Restrictions on Military Assistance and 
              Sales to El Salvador...............................   505
            Section 729--Reporting Requirement Relating to El 
              Salvador...........................................   507
            Section 730--Restrictions on Aid to El Salvador......   508
            Section 731--El Salvadoran Refugees..................   508
            Section 734--Repeals.................................   508
            Section 735--Report on Nuclear Activities............   508
            Section 737--Prohibitions Relating to Nuclear 
              Transfers and Nuclear Detonations..................   509
    k. International Security and Development Cooperation Act of 
      1980 (Public Law 96-533) (partial text)....................   510
            Section 1--Short Title...............................   510
        Title I--Military and Related Assistance and Sales 
          Programs...............................................   510
            Section 106--Foreign Military Sales Authorization and 
              Aggregate Ceiling..................................   510
            Section 110--Exportation of Uranium Depleted in the 
              Isotope 235........................................   511
            Section 119--Prohibition on Military Assistance to 
              Nicaragua..........................................   512
        Title III--Development Assistance Programs...............   512
            Section 313--Assistance to the Eastern Caribbean.....   512
            Section 314--Assistance for Equatorial Guinea........   512
            Section 315--Caribbean Development Bank..............   512
            Section 316--World Hunger............................   512
            Section 317--Reduction of Postharvest Losses of Food.   513
        Title IV--Other Assistance Programs......................   513
            Section 402--International Narcotics Control.........   513
            Section 408--East Timor..............................   513
        Title V--African Development Foundation..................   514
            Section 501--Short Title.............................   514
            Section 502--Findings................................   514
            Section 503--Establishment...........................   514
            Section 504--Purposes................................   514
            Section 505--Functions...............................   515
            Section 506--Powers..................................   516
            Section 507--Management..............................   517
            Section 508--Government Corporation Control Act......   518
            Section 509--Limitation on Spending Authority........   518
            Section 510--Authorization of Appropriations.........   518
        Title VII--Miscellaneous Provisions......................   519
            Section 710--Interagency Group on Human Rights and 
              Foreign Assistance.................................   519
            Section 711--Peace in the Middle East................   519
            Section 712--Assistance for Jordan...................   519
            Section 715--Cuban Refugees..........................   520
            Section 716--Incarceration and Deportation of Certain 
              Cubans.............................................   521
            Section 717--Prohibition on Assistance to the 
              Governments of Cuba, Vietnam, and Cambodia.........   521
            Section 718--Cooperation of Other Governments in the 
              Boycott of the 1980 Summer Olympic Games in Moscow.   521
            Section 719--Elections in Uganda.....................   521
    l. International Security Assistance Act of 1979 (Public Law 
      96-92) (partial text)......................................   522
            Section 1--Short Title...............................   522
            Section 17--Authorization and Aggregate Ceiling for 
              Foreign Military Sales Credits.....................   522
            Section 23--Transfer of War Reserve Material and 
              Other Property to Taiwan...........................   523
            Section 24--Ammunition Sold to Thailand..............   523
            Section 26--Shaba Airlift............................   523
            Section 27--Fiscal Year 1979 Supplemental 
              Authorization for Turkey...........................   524
    m. International Development Cooperation Act of 1979 (Public 
      Law 96-53) (partial text)..................................   525
            Section 1--Short Title...............................   525
        Title I--Development Assistance..........................   525
            Section 114--International Organizations and Programs   525
            Section 125--Assistance to Latin American and 
              Caribbean Countries................................   526
            Section 126--Increased Contributions for Development 
              Assistance.........................................   526
        Title IV--Institute for Scientific and Technological 
          Cooperation............................................   526
            Section 401--Statement of Policy.....................   526
            Section 402--Purposes and Establishment of the 
              Institute..........................................   527
            Section 403--Functions of the Institute..............   527
            Section 404--General Authorities.....................   528
            Section 405--Director of the Institute...............   529
            Section 406--Deputy Director and Other Statutory 
              Officers...........................................   529
            Section 407--Council on International Scientific and 
              Technological Cooperation..........................   529
            Section 408--Institute Fellowships...................   531
            Section 409--Conflict of Interest....................   532
            Section 410--Authorization of Appropriations.........   532
            Section 412--Conforming Amendments...................   532
            Section 413--Establishment in International 
              Development Cooperation Agency.....................   533
            Section 414--Expiration of Authorities...............   533
        Title V--Miscellaneous Provisions........................   533
            Section 501--Earmarking for Lebanon of Unobligated 
              Balances in the Middle East Special Requirements 
              Fund...............................................   533
            Section 502--Military Assistance to Sudan............   533
            Section 507--Nonproliferation of Nuclear Weapons.....   534
            Section 509--Refugee Crisis in Southeast Asia........   534
            Section 510--Certain Travel Expenses.................   535
            Section 512--Effective Dates.........................   535
    n. International Development and Food Assistance Act of 1978 
      (Public Law 95-424) (partial text).........................   536
            Section 1--Short Title...............................   536
        Title I--Development Assistance..........................   536
            Section 117--International Organizations and Programs   536
            Section 120--Locust Plagues Control in Africa........   537
            Section 122--African Development Foundation..........   537
        Title III--Coordination and Administration of the 
          Development-Related Programs and Policies of the United 
          States.................................................   537
            Section 301--Declaration of Objectives...............   537
            Section 302--Implementation of Objectives............   538
        Title IV--Unified Personnel System.......................   538
            Section 401--Establishment of a Unified Personnel 
              System.............................................   538
        Title VI--Miscellaneous Provisions.......................   539
            Section 601--Reduction of Authorization..............   539
            Section 602--Prohibition of Assistance to Vietnam, 
              Cambodia, and Cuba.................................   539
            Section 603--Reports to Congress on Debt Relief 
              Agreements.........................................   539
            Section 604--Miscellaneous Repeals...................   539
            Section 605--Effective Date..........................   539
    o. International Security Assistance Act of 1978 (Public Law 
      95-384) (partial text).....................................   540
            Section 1--Short Title...............................   540
            Section 13--United States Policy Regarding the 
              Eastern Mediterranean..............................   540
            Section 23--Special Security Assistance Program for 
              the Modernization of the Armed Forces of the 
              Republic of Korea..................................   541
            Section 26--United States-Republic of China Mutual 
              Defense Treaty.....................................   542
            Section 28--Negotiations Between Israel and Egypt....   543
            Section 30--Savings Provision........................   543
    p. International Development and Food Assistance Act of 1977 
      (Public Law 95-88) (partial text)..........................   544
            Section 1--Short Title...............................   544
        Title I--International Development Assistance............   544
            Section 124--Inspector General, Foreign Assistance...   544
            Section 131--Future United States Development 
              Assistance.........................................   545
            Section 132--Limitation on Use of Funds; Missing in 
              Action in Vietnam..................................   545
            Section 133--Plan for Increased Minority Business 
              Participation in Foreign Assistance Activities.....   545
            Section 215--Effective Date..........................   547
    q. International Security Assistance Act of 1977 (Public Law 
      95-92) (partial text)......................................   548
            Section 1--Short Title...............................   548
            Section 9--Security Supporting Assistance Program for 
              Egypt..............................................   548
            Section 21--Fiscal Year Authorizations and 
              Limitations........................................   549
            Section 24--Study of Technology Transfers............   549
            Section 26--Policy Statement on United States Arms 
              Sales to Israel....................................   550
            Section 27--Review of Arms Sales Controls on Non-
              Lethal Items.......................................   550
            Section 28--Republic of Korea........................   550
            Section 29--Piaster Conversion.......................   550
    r. International Security Assistance and Arms Export Control 
      Act of 1976 (Public Law 94-329) (partial text).............   551
            Section 106--International Military Education and 
              Training...........................................   551
            Section 201--Arms Sales Policy.......................   552
            Section 212--Control of Licenses with Respect to Arms 
              Exports and Imports................................   552
            Section 407--Control of Military Forces in the Indian 
              Ocean..............................................   553
            Section 408--United States Citizens Imprisoned in 
              Mexico.............................................   553
            Section 409--Emergency Food Needs of Portugal........   553
            Section 410--Strife in Lebanon.......................   554
            Section 412--Korea...................................   554
            Section 413--Repeal of Indochina Assistance..........   554
            Section 506--Interim Quarter Authorizations..........   555
        Title VI--Miscellaneous Provision........................   555
            Section 601--Expedited Procedure in the Senate.......   555
            Section 602--Procurements from Small Businesses......   557
            Section 605--Use of Personnel........................   557
            Section 607--Extortion and Illegal Payments..........   557
            Section 608--Extension of Airport at Pinecreek, 
              Minnesota..........................................   557
    s. International Development and Food Assistance Act of 1975 
      (Public Law 94-161) (partial text).........................   559
            Section 320--Limitation on Assistance to Chile.......   559
            Section 321--Settlement of Debt Owed the United 
              States.............................................   559
            Section 322--Participation by Other Countries in 
              Providing Assistance to Israel or Egypt............   560
    t. Foreign Assistance Act of 1974 (Public Law 93-559) 
      (partial text).............................................   561
            Section 28--Famine or Disaster Relief................   562
            Section 47--Gorgas Memorial Institute................   562
            Section 48--International Commission of Control and 
              Supervision in Vietnam.............................   562
            Section 50--Policy on the Independence of Angola, 
              Mozambique, and Guinea-Bissau......................   563
            Section 51--Conventional Arms Trade..................   564
            Section 52--Involvement of Puerto Rico in the 
              Caribbean Development Bank.........................   564
            Section 55--Policy With Respect to Countries Most 
              Seriously Affected by Food Shortages...............   565
            Section 56--Repayment of Loans in Default............   566
    u. Foreign Assistance Act of 1973 (Public Law 93-189) 
      (partial text).............................................   567
            Section 28--Asian Development Bank...................   567
            Section 30--Termination of Indochina War.............   567
            Section 31--Limitation on Use of Funds...............   567
            Section 32--Political Prisoners......................   568
            Section 33--Albert Schweitzer Hospital...............   568
            Section 34--Prisoners of War and Individuals Missing 
              in Action..........................................   568
            Section 35--Rights in Chile..........................   569
            Section 36--Revision of Social Progress Trust Fund 
              Agreement..........................................   569
            Section 39--World Food Shortages.....................   570
            Section 40--Use of Local Currencies..................   571
    v. Foreign Assistance Act of 1971 (Public Law 92-226) 
      (partial text).............................................   572
            Section 2--Food for Peace Program....................   572
            Section 403--Position of Under Secretary of State for 
              Coordinating Security Assistance...................   572
            Section 407--Periodic Authorizations for State and 
              USIA...............................................   573
            Section 410--Limitation on United Nations Assessment 
              of United States...................................   573
    w. Special Foreign Assistance Act of 1971, as amended (Public 
      Law 91-652) (partial text).................................   574
            Section 2--Authorization of Appropriations...........   574
            Section 3--Transfer of Defense Articles to Korea.....   574
            Section 4--Transfer Limitations......................   574
            Section 6--Foreign Currencies Held in Pakistan.......   575
            Section 7--Limitation on Assistance to Cambodia......   575
    x. Foreign Military Sales Act Amendments, 1971 (Public Law 
      91-672) (partial text).....................................   576
    y. Foreign Assistance Act of 1969, as amended (Public Law 91-
      175) (partial text)........................................   579
        Part IV--The Inter-American Foundation Act...............   579
    z. Foreign Assistance Act of 1968 (Public Law 90-554) 
      (partial text).............................................   585
        Part V--Reappraisal of Foreign Assistance Programs.......   585
    aa. Foreign Assistance Act of 1967 (Public Law 90-137).......   587
    bb. Foreign Assistance Act of 1966 (Public Law 89-583).......   588
    cc. Foreign Assistance Act of 1965 (Public Law 89-171).......   589
    dd. Foreign Assistance Act of 1964 (Public Law 88-633) 
      (partial text).............................................   590
        Part V--Religious Persecution............................   590
    ee. Foreign Assistance Act of 1963 (Public Law 88-205).......   591
    ff. Foreign Assistance Act of 1962 (Public Law 87-565).......   592
2. Foreign Assistance Appropriations.............................   593
    a. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1998 (Public Law 105-118)..............   593
    b. Continuing Appropriations, Fiscal Year 1998 (Public Law 
      105-46)....................................................   655
    c. 1997 Emergency Supplemental Appropriations Act for 
      Recovery From Natural Disasters, and for Overseas 
      Peacekeepig Efforts, Including Those in Bosnia (Public Law 
      105-18) (partial text).....................................   661
    d. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1997 (Public Law 104-208) (partial 
      text)......................................................   665
    e. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1996 (Public Law 104-107)..............   670
    f. Emergency Supplemental Appropriations and Rescissions for 
      the Department of Defense to Preserve and Enhance Military 
      Readiness Act of 1995 (Public Law 104-6) (partial text)....   672
    g. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1995 (Public Law 103-306) (partial 
      text)......................................................   676
    h. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1994 (Public Law 103-87) (partial text)   678
    i. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1993 (Public Law 102-391) (partial 
      text)......................................................   680
    j. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1991 (Public Law 101-513) (partial 
      text)......................................................   684
    k. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1990 (Public Law 101-167) (partial 
      text)......................................................   695
    l. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1988 (Public Law 100-202) (partial 
      text)......................................................   708
    m. Foreign Assistance and Related Programs Appropriations 
      Act, 1984 (Deobligation of funds for Syria) (Public Law 98-
      151) (partial text)........................................   713
    n. Title 31, United States Code--Valid Obligations...........   715




          Note.--Volume I is printed in two parts, I-A and I-B, 
        effective 1994. Volume I-B contains legislation and 
        Executive orders relating to other foreign assistance 
        matters, the armed forces, agricultural commodities, 
        and the Peace Corps.

=======================================================================



              1. Foreign Assistance and Arms Export Acts*

           a. The Foreign Assistance Act of 1961, as Amended

Public Law 87-195 [S. 1983], 75 Stat. 424, approved September 4, 1961, 
    as amended by Public Law 87-565 [Foreign Assistance Act of 1962, S. 
    2996], 76 Stat. 255, approved August 1, 1962; Public Law 87-793 
    [Postal Service and Federal Employees Salary Act of 1962, H.R. 
    7927], 76 Stat. 832, approved October 11, 1962; Public Law 88-205 
    [H.R. 7885], 77 Stat. 379, approved December 16, 1963; Public Law 
    88-426 [Government Employees Salary Reform Act of 1964, H.R. 
    11049], 78 Stat. 400, approved August 14, 1964; Public Law 88-448 
    [Dual Compensation Act, H.R. 7381], 78 Stat. 484, approved August 
    19, 1964; Public Law 88-633 [H.R. 11380], 78 Stat. 1009, approved 
    October 7, 1964; Public Law 88-638 [Amendments to Agricultural 
    Trade Development and Assistance Act of 1954, as amended; S. 2687], 
    78 Stat. 1035, approved October 8, 1964; Public Law 89-171 [H.R. 
    7750], 79 Stat. 653, approved September 6, 1965; Public Law 89-371 
    [H.R. 12169], 80 Stat. 74, approved March 18, 1966; Public Law 89-
    583 [H.R. 15750], 80 Stat. 795, approved September 19, 1966; Public 
    Law 90-137 [S. 1872], 81 Stat. 445, approved November 14, 1967; 
    Public Law 90-554 [H.R. 15263], 82 Stat. 960, approved October 8, 
    1968; Public Law 90-629 [Foreign Military Sales Act, H.R. 15681], 
    82 Stat. 1320, approved October 22, 1968; Public Law 91-175 [H.R. 
    14580], 83 Stat. 805, approved December 30, 1969; Public Law 91-652 
    [Special Foreign Assistance Act of 1971, H.R. 19911], 84 Stat. 
    1942, approved January 5, 1971; Public Law 92-226 [S. 2819], 86 
    Stat. 20, approved February 7, 1972; Public Law 92-352 [Foreign 
    Relations Authorization Act of 1972, H.R. 14734], 86 Stat. 489, 
    approved July 13, 1972; Public Law 93-189 [S. 1443], 87 Stat. 714, 
    approved December 17, 1973; Public Law 93-333 [Foreign Disaster 
    Assistance Act of 1974, H.R. 12412], 88 Stat. 290, approved July 8, 
    1974; Public Law 93-390 [Overseas Private Investment Corporation 
    Amendments Act of 1974, S. 2957], 88 Stat. 763, approved August 27, 
    1974; Public Law 93-559 [S. 3394], 88 Stat. 1795, approved December 
    30, 1974; Public Law 94-104 [S. 2230], 89 Stat. 508, approved 
    October 6, 1975; Public Law 94-161 [International Development and 
    Food Assistance Act of 1975, H.R. 9005], 89 Stat. 849, approved 
    December 20, 1975; Public Law 94-273 [Fiscal Year Adjustment Act, 
    S. 2445], 90 Stat. 375, approved April 21, 1976, Public Law 94-276 
    [Guatemala Relief and Rehabilitation Act of 1976, S. 3056], 90 
    Stat. 397, approved April 21, 1976; Public Law 94-329 
    [International Security Assistance and Arms Export Control Act of 
    1976, H.R. 13680], 90 Stat. 729, approved June 30, 1976; Public Law 
    95-21 [Romanian Relief and Rehabilitation, H.R. 5717], 91 Stat. 48, 
    approved April 18, 1977; Public Law 95-23 [Supplemental Military 
    Assistance to Portugal for Fiscal Year 1977, S. 489], 91 Stat. 54, 
    approved April 30, 1977; Public Law 95-88 [International 
    Development and Food Assistance Act of 1977, H.R. 6714], 91 Stat. 
    533, approved August 3, 1977; Public Law 95-92 [International 
    Security Assistance Act of 1977, H.R. 6884], 91 Stat. 614, approved 
    August 4, 1977; Public Law 95-105 [Foreign Relations Authorization 
    Act, Fiscal Year 1978, H.R. 6689], 91 Stat. 844 at 846, approved 
    August 17, 1977; Public Law 95-268 [OPIC Amendments Act of 1978, 
    H.R. 9179], 92 Stat. 213, approved April 24, 1978; Public Law 95-
    384 [International Security Assistance Act of 1978, S. 3075], 92 
    Stat. 730, approved September 26, 1978; Public Law 95-424 
    [International Development and Food Assistance Act of 1978, H.R. 
    12222], 92 Stat. 937, approved October 6, 1978; Public Law 96-35 
    [Special International Security Assistance Act of 1979, S. 1007], 
    93 Stat. 89, approved July 20, 1979; Public Law 96-53 
    [International Development Cooperation Act of 1979, H.R. 3324], 93 
    Stat. 359, approved August 14, 1979; Public Law 96-92 
    [International Security Assistance Act of 1979, H.R. 3173], 93 
    Stat. 701, approved October 29, 1979; Public Law 96-109 [Caribbean 
    Hurricane Relief Assistance Authorization, H.R. 5218], 93 Stat. 
    842, approved November 9, 1979; Public Law 96-110 [Cambodian 
    Disaster Relief Assistance Authorization, H.R. 4995], 93 Stat. 843, 
    approved November 13, 1979; Public Law 96-257 [Special Central 
    American Assistance Act of 1979], 94 Stat. 422, approved May 31, 
    1980; Public Law 96-327 [S. 1916], 94 Stat. 1026, approved August 
    8, 1980; Public Law 96-450 [Intelligence Authorization Act for 
    Fiscal Year 1981, S. 2597], 94 Stat. 1975 at 1981, approved October 
    14, 1980; Public Law 96-465 [Foreign Service Act of 1980, H.R. 
    6790], 94 Stat. 2071 at 2158; Public Law 96-525 [H.R. 8388], 94 
    Stat. 3043, approved December 12, 1980; Public Law 96-533 
    [International Security and Development Cooperation Act of 1980, 
    H.R. 6942], 94 Stat. 3131, approved December 16, 1980; Public Law 
    97-65 [OPIC Amendments Act of 1981, H.R. 3136], 95 Stat. 1021, 
    approved October 16, 1981; Public Law 97-113 [International 
    Security and Development Cooperation Act of 1981, S. 1196], 95 
    Stat. 1519, approved December 29, 1981; Public Law 97-164 [Federal 
    Courts Improvement Act, H.R. 4482], 96 Stat. 25 at 48, approved 
    April 2, 1982; Public Law 97-208 [Humanitarian Assistance for the 
    People of Lebanon, H.R. 6631], 96 Stat. 138, approved June 30, 
    1982; Public Law 97-377 [Further Continuing Appropriations Act, 
    1983; H.J. Res. 631], 96 Stat. 1830 at 1831, approved December 21, 
    1982; Public Law 97-438 [H.R. 7143], 96 Stat. 2286, approved 
    January 8, 1983; Public Law 98-151 [Further Continuing 
    Appropriations, 1984; H.J. Res. 413], 97 Stat. 964, approved 
    November 14, 1983; Public Law 98-164 [Department of State 
    Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 
    1017, approved November 22, 1983; Public Law 98-473 [Continuing 
    Appropriations, 1985; H.J. Res. 648], 98 Stat. 1837 at 1884, 
    approved October 12, 1984; Public Law 99-8 [African Famine Relief 
    and Recovery Act of 1985, S. 689], 99 Stat. 21, approved April 2, 
    1985; Public Law 99-64 [Export Administration Amendments Act of 
    1985, S. 883], 99 Stat. 156, approved July 12, 1985, Public Law 99-
    83 [International Security and Development Cooperation Act of 1985, 
    S. 960], 99 Stat. 190, approved August 8, 1985; Public Law 99-93 
    [Foreign Relations Authorization Act, Fiscal Years 1986 and 1987; 
    H.R. 2068], 99 Stat. 405 at 442, approved August 16, 1985; Public 
    Law 99-204 [Overseas Private Investment Corporation Amendments Act 
    of 1985, S. 947], 99 Stat. 1669 approved December 23, 1985; Public 
    Law 99-399 [Omnibus Diplomatic Security and Antiterrorism Act of 
    1986, H.R. 4151], 100 Stat. 853, approved August 27, 1986; Public 
    Law 99-440 [Comprehensive Anti-Apartheid Act of 1986, H.R. 4868], 
    100 Stat. 1086, approved October 2, 1986; Public Law 99-529 
    [Special Foreign Assistance Act of 1986, S. 1917], 100 Stat. 3010, 
    approved October 24, 1986; Public Law 99-570 [Anti-Drug Abuse Act 
    of 1986, H.R. 5484], 100 Stat. 3207, approved October 27, 1986; 
    Public Law 99-661 [National Defense Authorization Act for Fiscal 
    Year 1987, S. 2368], 100 Stat. 3816, approved November 14, 1986; 
    Public Law 100-202 [Continuing Appropriations Act, 1988; H.J. Res. 
    395], 101 Stat. 1329, approved December 22, 1987; Public Law 100-
    204 [Foreign Relations Authorization Act, Fiscal Years 1988 and 
    1989; H.R. 1777], 101 Stat. 1331, approved December 22, 1987; 
    Public Law 100-418 [Omnibus Trade and Competitiveness Act of 1988; 
    H.R. 4848], 102 Stat. 1107, approved August 23, 1988; Public Law 
    100-461 [Foreign Operations, Export Financing and Related Programs 
    Appropriations Act, 1989; H.R. 4637], 102 Stat. 2268, approved 
    October 1, 1988; Public Law 100-690 [International Narcotics 
    Control Act of 1988; H.R. 5210], 102 Stat. 4181, approved November 
    18, 1988; Public Law 101-165 [Department of Defense Appropriations 
    Act, 1990; H.R. 3072], 103 Stat. 1112, approved November 21, 1989; 
    Public Law 101-167 [Foreign Operations, Export Financing, and 
    Related Programs Appropriations Act, 1990; H.R. 3743], 103 Stat. 
    1195, approved November 21, 1989; Public Law 101-179 [Support for 
    East European Democracy (SEED) Act of 1989, H.R. 3402], 103 Stat. 
    1298, approved November 28, 1989; Public Law 101-189 [National 
    Defense Authorization Act for Fiscal Years 1990 and 1991, H.R. 
    2461], 103 Stat. 1352, approved November 29, 1989; Public Law 101-
    218 [Renewable Energy and Energy Efficiency Technology 
    Competitiveness Act of 1989, S. 488], 103 Stat. 1868, approved 
    December 11, 1989; Public Law 101-222 [Anti-Terrorism and Arms 
    Export Amendments Act of 1989, H.R. 91], 103 Stat. 1892, approved 
    December 12, 1989; Public Law 101-231 [International Narcotics 
    Control Act of 1989, H.R. 3611], 103 Stat. 1954, approved December 
    13, 1989; Public Law 101-240 [International Development and Finance 
    Act of 1989, H.R. 2494], 103 Stat. 2492, approved December 19, 
    1989; Public Law 101-302 [Dire Emergency Supplemental Appropriation 
    for Disaster Assistance, Food Stamps, Unemployment Compensation 
    Administration, and Other Urgent Needs, and Transfers, and Reducing 
    Funds Budgeted for Military Spending Act of 1990; H.R. 4404], 104 
    Stat. 213, approved May 25, 1990; Public Law 101-510 [National 
    Defense Authorization Act for Fiscal Year 1991, H.R. 4739], 104 
    Stat. 1485, approved November 5, 1990; Public Law 101-513 [Foreign 
    Operations, Export Financing, and Related Programs Appropriations 
    Act, 1991; H.R. 5114], 104 Stat. 1979, approved November 5, 1990; 
    Public Law 101-604 [Aviation Security Improvement Act of 1990, H.R. 
    5732], 104 Stat. 3066, approved November 16, 1990; Public Law 101-
    623 [International Narcotics Control Act of 1990, H.R. 5567], 104 
    Stat. 3350, approved November 21, 1990; Public Law 102-88 
    [Intelligence Authorization Act, Fiscal Year 1991; H.R. 1455], 105 
    Stat. 429, approved August 14, 1991; Public Law 102-190 [National 
    Defense Authorization Act for Fiscal Years 1992 and 1993; H.R. 
    2100], 105 Stat. 1290, approved December 5, 1991; H.R. 2621 as 
    passed by the House on June 19, 1991 [parts of which were enacted 
    by reference in Public Law 102-145, as amended by Public Law 102-
    266, 106 Stat. 92, approved April 1, 1992]; Public Law 102-391 
    [Foreign Operations, Export Financing, and Related Programs 
    Appropriations Act, 1993; H.R. 5368], 106 Stat. 1633, approved 
    October 6, 1992; Public Law 102-484 [National Defense Authorization 
    Act for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved 
    October 23, 1992; Public Law 102-549 [Jobs Through Exports Act of 
    1992; H.R. 4996], 106 Stat. 3651, approved October 28, 1992; Public 
    Law 102-550 [Housing and Community Development Act of 1992; H.R. 
    5334], 106 Stat. 3672, approved October 28, 1992; Public Law 102-
    572 [Federal Courts Administration Act of 1992; S. 1569], 106 Stat. 
    4506, approved October 29, 1992; Public Law 102-583 [International 
    Narcotics Control Act of 1992; H.R. 6187], 106 Stat. 4914, approved 
    November 2, 1992; Public Law 103-87 [Foreign Operations, Export 
    Financing, and Related Programs Appropriations Act, 1994; H.R. 
    2295], 107 Stat. 931, approved September 30, 1993; Public Law 103-
    149 [South African Democratic Transition Support Act of 1993; H.R. 
    3225], 107 Stat. 1503, approved November 23, 1993; Public Law 103-
    160 [National Defense Authorization Act for Fiscal Year 1994; H.R. 
    2401], 107 Stat. 1547, approved November 30, 1993; Public Law 103-
    199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 
    17, 1993; Public Law 103-236 [Foreign Relations Authorization Act, 
    Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved 
    April 30, 1994; Public Law 103-306 [Foreign Operations, Export 
    Financing, and Related Programs Appropriations Act, 1995; H.R. 
    4426], 108 Stat. 1608, approved August 23, 1994; Public Law 103-392 
    [Jobs Through Trade Expansion Act of 1994; H.R. 4950], 108 Stat. 
    4098, approved October 22, 1994; Public Law 103-437 [United States 
    Code Technical Amendments; H.R. 4777], 108 Stat. 4581, approved 
    November 2, 1994; Public Law 103-447 [International Narcotics 
    Control Corrections Act of 1994; H.R. 5246], 108 Stat. 4691, 
    approved November 2, 1994; Public Law 104-66 [Federal Reports 
    Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, 
    approved December 21, 1995; Public Law 104-99 [Foreign Operations, 
    Export Financing, and Related Programs Appropriations Act, 1996; 
    H.R. 1868], enacted by reference in section 301 of H.R. 2880, 110 
    Stat. 26, approved January 26, 1996, enacted again as Public Law 
    104-107 [H.R. 1868], 110 Stat. 704, approved February 12, 1996; 
    Public Law 104-106 [National Defense Authorization Act for Fiscal 
    Year 1996; S. 1124], 110 Stat. 186, approved February 10, 1996; 
    Public Law 104-114 [Cuban Liberty and Democratic Solidarity 
    (LIBERTAD) Act of 1996; H.R. 927], 110 Stat. 785, approved March 
    12, 1996; Public Law 104-132 [Antiterrorism and Effective Death 
    Penalty Act of 1996; S. 735], 110 Stat. 1214, approved April 24, 
    1996; Public Law 104-164 [H.R. 3121], 110 Stat. 1421, approved July 
    21, 1996; Public Law 104-188 [Small Business Job Protection Act of 
    1996; H.R. 3448], 110 Stat. 1755, approved August 20, 1996; Public 
    Law 104-208 [Omnibus Consolidated Appropriations Act, 1997; H.R. 
    3610], 110 Stat. 3009, approved September 30, 1996; Public Law 104-
    319 [Human Rights, Refugee, and Other Foreign Relations Provisions 
    Act of 1996; H.R. 4036], 110 Stat. 3864, approved October 19, 1996; 
    and by Public Law 105-118 [Foreign Operations, Export Financing, 
    and Related Programs Appropriations Act, 1998; H.R. 2159], 111 
    Stat. 2386, approved November 26, 1997

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    * Note.--The Foreign Assistance Act will be referred to as the FA 
Act and ``this Act.''
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AN ACT To promote the foreign policy, security, and general welfare of 
the United States by assisting peoples of the world in their efforts 
toward economic development and internal and external security, and for 
other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as ``The Foreign Assistance Act of 1961.'' \1\


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    \1\ The short title was added by sec. 111 of the FA Appropriation 
Act, 1962.
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                                 PART I

      Chapter 1--Policy; Development Assistance Authorizations \2\

    Sec. 101.\3\ General Policy.--(a) The Congress finds that 
fundamental political, economic, and technological changes have 
resulted in the interdependence of nations. The Congress 
declares that the individual liberties, economic prosperity, 
and security of the people of the United States are best 
sustained and enhanced in a community of nations which respect 
individual civil and economic rights and freedoms and which 
work together to use wisely the world's limited resources in an 
open and equitable international economic system. Furthermore, 
the Congress reaffirms the traditional humanitarian ideals of 
the American people and renews its commitment to assist people 
in developing countries to eliminate hunger, poverty, illness, 
and ignorance.


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    \2\ Sec. 101(a) of the FA Act of 1963 struck out the words ``Short 
Title and'' in the chapter heading, which formerly read ``Short Title 
and Policy''. Sec. 2(1) of the FA Act of 1973 added the following words 
to the chapter heading: ``Development Assistance Authorizations''.
    \3\ 22 U.S.C. 2151. Sec. 101 was added by sec. 101 of the 
International Development and Food Assistance Act of 1978 (92 Stat. 
937). Previously, sec. 101 had related to the short title before being 
repealed by the FA Act of 1963. This general policy statement was 
formerly contained in sec. 102 before 1978.
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    Therefore, the Congress declares that a principal objective 
of the foreign policy of the United States is the encouragement 
and sustained support of the people of developing countries in 
their efforts to acquire the knowledge and resources essential 
to development and to build the economic, political, and social 
institutions which will improve the quality of their lives.
    United States development cooperation policy should 
emphasize four principal goals:
          (1) the alleviation of the worst physical 
        manifestations of poverty among the world's poor 
        majority;
          (2) the promotion of conditions enabling developing 
        countries to achieve self-sustaining economic growth 
        with equitable distribution of benefits;
          (3) the encouragement of development processes in 
        which individual civil and economic rights are 
        respected and enhanced; and
          (4) the integration of the developing countries into 
        an open and equitable international economic system.
    The Congress declares that pursuit of these goals requires 
that development concerns be fully reflected in United States 
foreign policy and that United States development resources be 
effectively and efficiently utilized.
    (b) Under the policy guidance of the Secretary of State, 
the agency primarily responsible for administering this part 
should have the responsibility for coordinating all United 
States development-related activities.\4\


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    \4\ The responsibilities of the Agency mentioned in this subsection 
were transferred to the Director of IDCA, pursuant to sec. 6 of 
Reorganization Plan No. 2 of 1979 (establishing IDCA). The 
responsibilities of the Secretary of State, insofar as they relate to 
policy guidance other than foreign policy guidance, were also 
transferred to the Director.
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    Sec. 102.\5\ Development Assistance Policy.--(a) The 
Congress finds that the efforts of developing countries to 
build and maintain the social and economic institutions 
necessary to achieve self-sustaining growth and to provide 
opportunities to improve the quality of life for their people 
depend primarily upon successfully marshalling their own 
economic and human resources. The Congress recognizes that the 
magnitude of these efforts exceeds the resources of developing 
countries and therefore accepts that there will be a long-term 
need for wealthy countries to contribute additional resources 
for development purposes. The United States should take the 
lead in concert with other nations to mobilize such resources 
from public and private sources.


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    \5\ 22 U.S.C. 2151-1. Sec. 101 of the International Development and 
Food Assistance Act of 1978 (92 Stat. 927) struck out sec. 102, which 
concerned a statement of policy, and added a new sec. 102.
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    Provision of development resources must be adapted to the 
needs and capabilities of specific developing countries. United 
States assistance to countries with low per capita incomes 
which have limited access to private external resources should 
primarily be provided on concessional terms. Assistance to 
other developing countries should generally consist of programs 
which facilitate their access to private capital markets, 
investment, and technical skills, whether directly through 
guarantee or reimbursable programs by the United States 
Government or indirectly through callable capital provided to 
the international financial institutions.
    Bilateral assistance and United States participation in 
multilateral institutions shall emphasize programs in support 
of countries which pursue development strategies designed to 
meet basic human needs and achieve self-sustaining growth with 
equity.
    The Congress declares that the principal purpose of United 
States bilateral development assistance is to help the poor 
majority of people in developing countries to participate in a 
process of equitable growth through productive work and to 
influence decisions that shape their lives, with the goal of 
increasing their incomes and their access to public services 
which will enable them to satisfy their basic needs and lead 
lives of decency, dignity, and hope. Activities shall be 
emphasized that effectively involve the poor in development by 
expanding their access to the economy through services and 
institutions at the local level, increasing their participation 
in the making of decisions that affect their lives, increasing 
labor-intensive production and the use of appropriate 
technology, expanding productive investment and services out 
from major cities to small towns and rural areas, and otherwise 
providing opportunities for the poor to improve their lives 
through their own efforts. Participation of the United States 
in multilateral institutions shall also place appropriate 
emphasis on these principles.
    (b) Assistance under this chapter should be used not only 
for the purpose of transferring financial resources to 
developing countries, but also to help countries solve 
development problems in accordance with a strategy that aims to 
insure wide participation of the poor in the benefits of 
development on a sustained basis. Moreover, assistance shall be 
provided in a prompt and effective manner, using appropriate 
United States institutions for carrying out this strategy. In 
order to achieve these objectives and the broad objectives set 
forth in section 101 and in subsection (a) of this section, 
bilateral development assistance authorized by this Act shall 
be carried out in accordance with the following principles:
          (1) Development is primarily the responsibility of 
        the people of the developing countries themselves. 
        Assistance from the United States shall be used in 
        support of, rather than substitution for, the self-help 
        efforts that are essential to successful development 
        programs and shall be concentrated in those countries 
        that take positive steps to help themselves. Maximum 
        effort shall be made, in the administration of this 
        part, to stimulate the involvement of the people in the 
        development process through the encouragement of 
        democratic participation in private and local 
        governmental activities and institution building 
        appropriate to the requirements of the recipient 
        countries.
          (2) Development planning must be the responsibility 
        of each sovereign country. United States assistance 
        should be administered in a collaborative style to 
        support the development goals chosen by each country 
        receiving assistance.
          (3) United States bilateral development assistance 
        should give high priority to undertakings submitted by 
        host governments which directly improve the lives of 
        the poorest of their people and their capacity to 
        participate in the development of their countries, 
        while also helping such governments enhance their 
        planning, technical, and administrative capabilities 
        needed to insure the success of such undertakings.
          (4) Development assistance provided under this 
        chapter shall be concentrated in countries which will 
        make the most effective use of such assistance to help 
        satisfy basic human needs of poor people through 
        equitable growth, especially in those countries having 
        the greatest need for outside assistance. In order to 
        make possible consistent and informed judgments in this 
        respect, the President shall assess the commitment and 
        progress of countries in moving toward the objectives 
        and purposes of this chapter by utilizing criteria, 
        including but not limited to the following:
                  (A) increase in agricultural productivity per 
                unit of land through small- farm, labor-
                intensive agriculture;
                  (B) reduction of infant mortality;
                  (C) control of population growth;
                  (D) promotion of greater equality of income 
                distribution, including measures such as more 
                progressive taxation and more equitable returns 
                to small farmers;
                  (E) reduction of rates of unemployment and 
                underemployment; and
                  (F) increase in literacy.
          (5) United States development assistance should focus 
        on critical problems in those functional sectors which 
        affect the lives of the majority of the people in the 
        developing countries; food production and nutrition; 
        rural development and generation of gainful employment; 
        population planning and health; environment and natural 
        resources; education, development administration, and 
        human resources development; and energy development and 
        production.\6\


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    \6\ The reference to energy development and production was added by 
sec. 104(a) of the International Development Cooperation Act of 1979 
(Public Law 96-53; 93 Stat. 360).
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          (6) United States assistance shall encourage and 
        promote the participation of women in the national 
        economies of developing countries and the improvement 
        of women's status as an important means of promoting 
        the total development effort.
          (7) United States bilateral assistance shall 
        recognize that the prosperity of developing countries 
        and effective development efforts require the adoption 
        of an overall strategy that promotes the development, 
        production,\6\ and efficient utilization of energy and, 
        therefore, consideration shall be given to the full 
        implications of such assistance on the price, 
        availability, and consumption of energy in recipient 
        countries.
          (8) United States cooperation in development should 
        be carried out to the maximum extent possible through 
        the private sector, including those institutions which 
        already have ties in the developing areas, such as 
        educational institutions, cooperatives, credit unions, 
        free labor unions, and private and voluntary agencies.
          (9) To the maximum extent practicable, United States 
        private investment should be encouraged in economic and 
        social development programs to which the United States 
        lends support.
          (10) Assistance shall be planned and utilized to 
        encourage regional cooperation by developing countries 
        in the solution of common problems and the development 
        of shared resources.
          (11) Assistance efforts of the United States shall be 
        planned and furnished to the maximum extent practicable 
        in coordination and cooperation with assistance efforts 
        of other countries, including the planning and 
        implementation of programs and projects on a 
        multilateral and multidonor basis.
          (12) United States bilateral development assistance 
        should be concentrated on projects which do not involve 
        large-scale capital transfers. However, to the extent 
        that such assistance does involve large-scale capital 
        transfers, it should be furnished in association with 
        contributions from other countries working together in 
        a multilateral framework.
          (13) \7\ United States encouragement of policy 
        reforms is necessary if developing countries are to 
        achieve economic growth with equity.


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    \7\ Paragraphs (13), (14), (15), and (16) were added by sec. 301 of 
the International Security and Development Cooperation Act of 1985 
(Public Law 99-83; 99 Stat. 190).
-----------------------------------------------------------------------


          (14) \7\ Development assistance should, as a 
        fundamental objective, promote private sector activity 
        in open and competitive markets in developing 
        countries, recognizing such activity to be a productive 
        and efficient means of achieving equitable and long-
        term economic growth.
          (15) \7\ United States cooperation in development 
        should recognize as essential the need of developing 
        countries to have access to appropriate technology in 
        order to improve food and water, health and housing, 
        education and employment, and agriculture and industry.
          (16) \7\ United States assistance should focus on 
        establishing and upgrading the institutional capacities 
        of developing countries in order to promote long-term 
        development. An important component of institution 
        building involves training to expand the human resource 
        potential of people in developing countries.
    (c) The Congress, recognizing the desirability of 
overcoming the worst aspects of absolute poverty by the end of 
this century by, among other measures, substantially lowering 
infant mortality and birth rates, and increasing life 
expectancy, food production, literacy, and employment, 
encourages the President to explore with other countries, 
through all appropriate channels, the feasibility of a 
worldwide cooperative effort to overcome the worst aspects of 
absolute poverty and to assure self-reliant growth in the 
developing countries by the year 2000.

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          Note.--Foreign assistance appropriations for fiscal 
        year 1998 are included in the Foreign Operations, 
        Export Financing, and Related Programs Appropriations 
        Act, 1998 (Public Law 105-118; 111 Stat. 2386). Amounts 
        appropriated by that Act to carry out the purposes of 
        provisions contained in the Foreign Assistance Act of 
        1961, during fiscal year 1998 unless otherwise 
        specified, are included in footnotes.

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          Note.--Prior to fiscal year 1992, Congress 
        appropriated funds for each of the Development 
        Assistance functional accounts authorized in sections 
        103 through 106 of the Foreign Assistance Act of 1961. 
        For fiscal year 1992 through fiscal year 1995, however, 
        Congress made appropriations in one lump sum for all 
        programs within sections 103 through 106, with the 
        exception of ``Population, Development Assistance''. In 
        fiscal year 1996, Congress made appropriations in one 
        lump sum for Development Assistance. In fiscal years 
        1997 and 1998, Congress made appropriations to two 
        development accounts: ``Development Assistance'' and 
        ``Child Survival and Disease Programs Fund''.
          For fiscal year 1998, to remain available until 
        September 30, 1999, for the provisions of sections 103 
        through 106 and chapter 10 of part I of the Foreign 
        Assistance Act of 1961 (Development Assistance and 
        Development Fund for Africa), title V of the 
        International Security and Development Cooperation Act 
        of 1980 (African Development Foundation), and section 
        401 of the Foreign Assistance Act of 1969 (Inter-
        American Foundation), Congress appropriated 
        $1,210,000,000. Congress also appropriated $650,000,000 
        in fiscal year 1998, to remain available until 
        expended, for child survival and to combat tropical and 
        other diseases.

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          Note.--The Foreign Operations, Export Financing, and 
        Related Programs Appropriations Act, 1998 (Public Law 
        105-118; 111 Stat. 2405), provided the following:

            ``obligations during last month of availability

          ``Sec. 501. Except for the appropriations entitled 
        `International Disaster Assistance', and `United States 
        Emergency Refugee and Migration Assistance Fund', not 
        more than 15 percent of any appropriation item made 
        available by this Act shall be obligated during the 
        last month of availability.''.

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          Note.--Transfers Between Accounts. The Foreign 
        Operations, Export Financing, and Related Programs 
        Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 
        2407), provided the following:

                      ``Transfers Between Accounts

          ``Sec. 509. None of the funds made available by this 
        Act may be obligated under an appropriation account to 
        which they were not appropriated, except for transfers 
        specifically provided for in this Act, unless the 
        President, prior to the exercise of any authority 
        contained in the Foreign Assistance Act of 1961 to 
        transfer funds, consults with and provides a written 
        policy justification to the Committees on 
        Appropriations of the House of Representatives and the 
        Senate: Provided, That the exercise of such authority 
        shall be subject to the regular notification procedures 
        of the Committees on Appropriations.''.

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          Note.--Deobligation/Reobligation Authority. The 
        Foreign Operations, Export Financing, and Related 
        Programs Appropriations Act, 1998 (Public Law 105-118; 
        111 Stat. 2407), provided the following:

                 ``Deobligation/Reobligation Authority

          ``Sec. 510. (a) Amounts certified pursuant to section 
        1311 of the Supplemental Appropriations Act, 1955, as 
        having been obligated against appropriations heretofore 
        made under the authority of the Foreign Assistance Act 
        of 1961 for the same general purpose as any of the 
        headings under title II of this Act are, if 
        deobligated, hereby continued available for the same 
        period as the respective appropriations under such 
        headings or until September 30, 1998, whichever is 
        later, and for the same general purpose, and for 
        countries within the same region as originally 
        obligated: Provided, That the Appropriations Committees 
        of both Houses of the Congress are notified 15 days in 
        advance of the reobligation of such funds in accordance 
        with regular notification procedures of the Committees 
        on Appropriations.
          ``(b) Obligated balances of funds appropriated to 
        carry out section 23 of the Arms Export Control Act as 
        of the end of the fiscal year immediately preceding the 
        current fiscal year are, if deobligated, hereby 
        continued available during the current fiscal year for 
        the same purpose under any authority applicable to such 
        appropriations under this Act: Provided, That the 
        authority of this subsection may not be used in fiscal 
        year 1998.''.

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          Note.--Availability of Funds. The Foreign Operations, 
        Export Financing, and Related Programs Appropriations 
        Act, 1998 (Public Law 105-118; 111 Stat. 2408), 
        provided the following:

                        ``Availability of Funds

          ``Sec. 511. No part of any appropriation contained in 
        this Act shall remain available for obligation after 
        the expiration of the current fiscal year unless 
        expressly so provided in this Act: Provided, That funds 
        appropriated for the purposes of chapters 1, 8, and 11 
        of part I, section 667, and chapter 4 of part II of the 
        Foreign Assistance Act of 1961, as amended, and funds 
        provided under the heading `Assistance for Eastern 
        Europe and the Baltic States', shall remain available 
        until expended if such funds are initially obligated 
        before the expiration of their respective periods of 
        availability contained in this Act: Provided further, 
        That, notwithstanding any other provision of this Act, 
        any funds made available for the purposes of chapter 1 
        of part I and chapter 4 of part II of the Foreign 
        Assistance Act of 1961 which are allocated or obligated 
        for cash disbursements in order to address balance of 
        payments or economic policy reform objectives, shall 
        remain available until expended: Provided further, That 
        the report required by section 653(a) of the Foreign 
        Assistance Act of 1961 shall designate for each 
        country, to the extent known at the time of submission 
        of such report, those funds allocated for cash 
        disbursement for balance of payment and economic policy 
        reform purposes.''.

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          Note.--Notification Requirements. The Foreign 
        Operations, Export Financing, and Related Programs 
        Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 
        2409), provided the following:

                      ``notification requirements

          ``Sec. 515. (a) For the purposes of providing the 
        executive branch with the necessary administrative 
        flexibility, none of the funds made available under 
        this Act for `Child Survival and Disease Programs 
        Fund', `Development Assistance', `International 
        organizations and programs', `Trade and Development 
        Agency', `International narcotics control', `Narcotics 
        Interdiction', `Assistance for Eastern Europe and the 
        Baltic States', `Assistance for the New Independent 
        States of the Former Soviet Union', `Economic Support 
        Fund', `Peacekeeping operations', `Operating expenses 
        of the Agency for International Development', 
        `Operating expenses of the Agency for International 
        Development Office of Inspector General', 
        `Nonproliferation, anti-terrorism, demining and related 
        programs', `Foreign Military Financing Program', 
        `International military education and training', `Peace 
        Corps', `Migration and refugee assistance', shall be 
        available for obligation for activities, programs, 
        projects, type of materiel assistance, countries, or 
        other operations not justified or in excess of the 
        amount justified to the Appropriations Committees for 
        obligation under any of these specific headings unless 
        the Appropriations Committees of both Houses of 
        Congress are previously notified 15 days in advance: 
        Provided, That the President shall not enter into any 
        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, not previously justified to Congress or 20 
        percent in excess of the quantities justified to 
        Congress unless the Committees on Appropriations are 
        notified 15 days in advance of such commitment: 
        Provided further, That this section shall not apply to 
        any reprogramming for an activity, program, or project 
        under chapter 1 of part I of the Foreign Assistance Act 
        of 1961 of less than 10 percent of the amount 
        previously justified to the Congress for obligation for 
        such activity, program, or project for the current 
        fiscal year: Provided further, That the requirements of 
        this section or any similar provision of this Act or 
        any other Act, including any prior Act requiring 
        notification in accordance with the regular 
        notification procedures of the Committees on 
        Appropriations, may be waived if failure to do so would 
        pose a substantial risk to human health or welfare: 
        Provided further, That in case of any such waiver, 
        notification to the Congress, or the appropriate 
        congressional committees, shall be provided as early as 
        practicable, but in no event later than three days 
        after taking the action to which such notification 
        requirement was applicable, in the context of the 
        circumstances necessitating such waiver: Provided 
        further, That any notification provided pursuant to 
        such a waiver shall contain an explanation of the 
        emergency circumstances.
          ``(b) Drawdowns made pursuant to section 506(a)(2) of 
        the Foreign Assistance Act of 1961 shall be subject to 
        the regular notification procedures of the Committees 
        on Appropriations.''.

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          Note.--The Foreign Operations, Export Financing, and 
        Related Programs Appropriations Act, 1998 (Public Law 
        105-118; 111 Stat. 2423), provided the following:

                    ``equitable allocation of funds

          ``Sec. 557. Not more than 18 percent of the funds 
        appropriated by this Act to carry out the provisions of 
        sections 103 through 106 and chapter 4 of part II of 
        the Foreign Assistance Act of 1961, that are made 
        available for Latin America and the Caribbean region 
        may be made available, through bilateral and Latin 
        America and the Caribbean regional programs, to provide 
        assistance for any country in such region.''.

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    Sec. 103.\8\ Agriculture, Rural Development, and 
Nutrition.--(a)(1) In recognition of the fact that the great 
majority of the people of developing countries live in rural 
areas and are dependent on agriculture and agricultural-related 
pursuits for their livelihood, the President is authorized to 
furnish assistance, on such terms and conditions as he may 
determine, for agriculture, rural development, and nutrition--


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    \8\ 22 U.S.C. 2151a. Sec. 103, as added by sec. 2(3) of the FA Act 
of 1973 (87 Stat. 715), was amended and restated by sec. 103(a) of the 
International Development and Food Assistance Act of 1978 (92 Stat. 
943). Previous amendments to sec. 103 were made by sec. 2 of Public Law 
93-559 (88 Stat. 1795), sec. 302 of Public Law 94-161 (89 Stat. 856), 
and by sec. 102 of Public Law 95-88 (91 Stat. 534).
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          (A) to alleviate starvation, hunger, and 
        malnutrition;
          (B) to expand significantly the provision of basic 
        services to rural poor people to enhance their capacity 
        for self-help; and
          (C) to help create productive farm and off-farm 
        employment in rural areas to provide a more viable 
        economic base and enhance opportunities for improved 
        incomes, living standards, and contributions by rural 
        poor people to the economic and social development of 
        their countries.
    (2) There are authorized to be appropriated to the 
President for purposes of this section, in addition to funds 
otherwise available for such purposes, $760,000,000 for the 
fiscal year 1986 and $760,000,000 for the fiscal year 1987.\9\ 
Of these amounts, the President may use such amounts as he 
deems appropriate to carry out the provisions of section 316 of 
the International Security and Development Cooperation Act of 
1980.\10\


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    \9\ The authorization figures for fiscal years 1986 and 1987 were 
added by sec. 302 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190). 
Authorizations for recent years included: fiscal year 1975--
$500,000,000; fiscal year 1976--$618,000,000; fiscal year 1977--
$745,000,000; fiscal year 1978--$580,000,000; fiscal year 1979--
$665,231,000; fiscal year 1980--$659,000,000; fiscal year 1981--
$713,500,000; fiscal year 1982--$700,000,000; fiscal year 1983--
$700,000,000; fiscal year 1984--$725,213,000; fiscal year 1985--no 
authorization; fiscal year 1988--no authorization; fiscal year 1989--no 
authorization; fiscal year 1990--no authorization; fiscal year 1991--no 
authorization; fiscal year 1992--no authorization; fiscal year 1993--no 
authorization; fiscal year 1994--no authorization; fiscal year 1995--no 
authorization; fiscal year 1996--no authorization; fiscal year 1997--no 
authorization; fiscal year 1998--no authorization.
    \10\ Sec. 316 of the International Security and Development 
Cooperation Act of 1980 concerns world hunger and instructs the 
Director of IDCA to encourage the ongoing work of PVOs to deal with 
world hunger problems abroad.
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    (3) \11\ Of the amounts authorized to be appropriated in 
paragraph; (2) for the fiscal year 1987, not less than 
$2,000,000 shall be available only for the purpose of 
controlling and eradicating amblyomman variegatum (heartwater) 
in bovine animals in the Caribbean.


-----------------------------------------------------------------------
    \11\ Paragraph 3 was added by sec. 1304 of Public Law 99-399 (100 
Stat. 898).
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    (b)(1) Assistance provided under this section shall be used 
primarily for activities which are specifically designed to 
increase the productivity and income of the rural poor, through 
such means as creation and strengthening of local institutions 
linked to the regional and national levels; organization of a 
system of financial institutions which provide both savings and 
credit services to the poor; stimulation of small, labor-
intensive enterprises in rural towns; improvement of marketing 
facilities and systems; expansion of rural infrastructure and 
utilities such as farm-to-market roads, water management 
systems, land improvement, energy, and storage facilities; 
establishment of more equitable and more secure land tenure 
arrangements; and creation and strengthening of systems to 
provide other services and supplies needed by farmers, such as 
extension, research, training, fertilizer, water, forestry, 
soil conservation, and improved seed, in ways which assure 
access to them by small farmers.
    (2) In circumstances where development of major 
infrastructure is necessary to achieve the objectives set forth 
in this section, assistance for that purpose should be 
furnished under this chapter in association with significant 
contributions from other countries working together in a 
multilateral framework. Infrastructure projects so assisted 
should be complemented by other measures to ensure that the 
benefits of the infrastructure reach the poor.
    (3) \12\ The Congress recognizes that the accelerating loss 
of forests and tree cover in developing countries undermines 
and offsets efforts to improve agricultural production and 
nutrition and otherwise to meet the basic human needs of the 
poor. Deforestation results in increased flooding, reduction in 
water supply for agricultural capacity, loss of firewood and 
needed wood products, and loss of valuable plants and animals. 
In order to maintain and increase forest resources, the 
President is authorized to provide assistance under this 
section for forestry projects which are essential to fulfill 
the fundamental purposes of this section. Emphasis shall be 
given to community woodlots, agroforestry, reforestation, 
protection of watershed forests, and more effective forest 
management.

-----------------------------------------------------------------------
    \12\ Par. (3) and subsec. (f) were added by sec. 101 of the 
International Development Cooperation Act of 1979 (Public Law 96-53; 93 
Stat. 359).
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    (c) The Congress finds that the greatest potential for 
significantly expanding availability of food for people in 
rural areas and augmenting world food production at relatively 
low cost lies in increasing the productivity of small farmers 
who constitute a majority of the agricultural producers in 
developing countries. Increasing the emphasis on rural 
development and expanded food production in the poorest nations 
of the developing world is a matter of social justice and a 
principal element contributing to broadly based economic 
growth, as well as an important factor in alleviating inflation 
in the industrialized countries. In the allocation of funds 
under this section, special attention shall be given to 
increasing agricultural production in countries which have been 
designated as ``least developed'' by the United Nations General 
Assembly.
    (d) Assistance provided under this section shall also be 
used in coordination with programs carried out under section 
104 to help improve nutrition of the people of developing 
countries through encouragement of increased production of 
crops with greater nutritional value; improvement of planning, 
research, and education with respect to nutrition, particularly 
with reference to improvement and expanded use of indigenously 
produced foodstuffs; and the undertaking of pilot or 
demonstration programs explicitly addressing the problem of 
malnutrition of poor and vulnerable people. In particular, the 
President is encouraged--
          (1) to devise and carry out in partnership with 
        developing countries a strategy for programs of 
        nutrition and health improvement for mothers and 
        children, including breast feeding; and
          (2) to provide technical, financial, and material 
        support to individuals or groups at the local level for 
        such programs.
    (e) Local currency proceeds from sales of commodities 
provided under the Agricultural Trade Development and 
Assistance Act of 1954 which are owned by foreign governments 
shall be used whenever practicable to carry out the provisions 
of this section.
    (f) \12\ The Congress finds that the efforts of developing 
countries to enhance their national food security deserves 
encouragement as a matter of United States development 
assistance policy. Measures complementary to assistance for 
expanding food production in developing countries are needed to 
help assure that food becomes increasingly available on a 
regular basis to the poor in such countries. Therefore, United 
States bilateral assistance under this Act and the Agricultural 
Trade Development and Assistance Act of 1954, and United States 
participation in multilateral institutions, shall emphasize 
policies and programs which assist developing countries to 
increase their national food security by improving their food 
policies and management and by strengthening national food 
reserves, with particular concern for the needs of the poor, 
through measures encouraging domestic production, building 
national food reserves, expanding available storage facilities, 
reducing postharvest food losses, and improving food 
distribution.
    (g) \13\ (1) In order to carry out the purposes of this 
section, the President may continue United States participation 
in and may make contributions to the International Fund for 
Agricultural Development.


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    \13\ Sec. 1001 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) amended and 
restated subsec. (g). Subsec. (g), in its previous form, had been added 
by sec. 301(c) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1532). It 
previously read as follows: ``In order to carry out the purposes of 
this section, the President may continue to participate in and may 
provide, on such terms and conditions as he may determine, up to 
$180,000,000 to the International Fund for Agricultural Development. 
There are authorized to be appropriated to the President for the 
purposes of this subsection $180,000,000, except that not more than 
$40,500,000 may be appropriated under this subsection for the fiscal 
year 1982. Amounts appropriated under this subsection are authorized to 
remain available until expended.''.
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    (2) Of the aggregate amount authorized to be appropriated 
to carry out part I of this Act, up to $50,000,000 for fiscal 
year 1986 and up to $50,000,000 for fiscal year 1987 may be 
made available, by appropriation or by transfer, for United 
States contributions to the second replenishment of the 
International Fund for Agricultural Development.
    Sec. 103A.\14\ Agricultural Research.--Agricultural 
research carried out under this Act shall (1) take account of 
the special needs of small farmers in the determination of 
research priorities, (2) include research on the 
interrelationships among technology, institutions, and 
economic, social, environmental,\15\ and cultural factors 
affecting small-farm agriculture, and (3) make extensive use of 
field testing to adapt basic research to local conditions. 
Special emphasis shall be placed on disseminating research 
results to the farms on which they can be put to use, and 
especially on institutional and other arrangements needed to 
assure that small farmers have effective access to both new and 
existing improved technology.


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    \14\ 22 U.S.C. 2151a-1. Sec. 103A was added by sec. 303 of Public 
Law 94-161 (89 Stat. 849).
    \15\ The word ``environmental,'' was added by sec. 103(d) of the 
International Development and Food Assistance Act of 1978 (92 Stat. 
945).
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    Sec. 104.\16\ Population and Health.--(a) Findings.--The 
Congress recognizes that poor health conditions and 
uncontrolled population growth can vitiate otherwise successful 
development efforts.


-----------------------------------------------------------------------
    \16\ 22 U.S.C. 2151b. Sec. 104, as added by sec. 2(3) of the FA Act 
of 1973 (87 Stat. 715), was amended and restated by sec. 104(a) of the 
International Development and Food Assistance Act of 1978 (92 Stat. 
945). Previous amendments to sec. 104 were made by sec. 4(1) of Public 
Law 93-559 (88 Stat. 1795), sec. 304 of Public Law 94-161 (89 Stat. 
857), and sec. 103 of Public Law 95-88 (91 Stat. 534).
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     Large families in developing countries are the result of 
complex social and economic factors which change relatively 
slowly among the poor majority least affected by economic 
progress, as well as the result of a lack of effective birth 
control. Therefore, effective family planning depends upon 
economic and social change as well as the delivery of services 
and is often a matter of political and religious sensitivity. 
While every country has the right to determine its own policies 
with respect to population growth, voluntary population 
planning programs can make a substantial contribution to 
economic development, higher living standards, and improved 
health and nutrition.
    Good health conditions are a principal element in improved 
quality of life and contribute to the individual's capacity to 
participate in the development process, while poor health and 
debilitating disease can limit productivity.
    (b) Assistance for Population Planning.--In order to 
increase the opportunities and motivation for family planning 
and to reduce the rate of population growth, the President is 
authorized to furnish assistance, on such terms and conditions 
as he may determine, for voluntary population planning. In 
addition to the provision of family planning information and 
services, including also information and services which relate 
to and support natural family planning methods,\17\ and the 
conduct of directly relevant demographic research, population 
planning programs shall emphasize motivation for small 
families.


-----------------------------------------------------------------------
    \17\ The words ``, including also information and services which 
related to and support natural family planning methods,'' were added by 
sec. 302(a) of the International Security and Development Cooperation 
Act of 1980 (Public Law 96-533; 94 Stat. 3145).
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    (c) Assistance for Health and Disease Prevention.--(1) \18\ 
In order to contribute to improvements in the health of the 
greatest number of poor people in developing countries, the 
President is authorized to furnish assistance, on such terms 
and conditions as he may determine, for health programs. 
Assistance under this subsection shall be used primarily for 
basic integrated health services, safe water and sanitation, 
disease prevention and control, and related health planning and 
research. The assistance shall emphasize self-sustaining 
community-based health programs by means such as training of 
health auxiliary and other appropriate personnel, support for 
the establishment and evaluation of projects that can be 
replicated on a broader scale, measures to improve management 
of health programs, and other services and suppliers to support 
health and disease prevention programs.


-----------------------------------------------------------------------
    \18\ The paragraph designation ``(1)'' and a new par. (2) were 
added by sec. 541(a) of the Foreign Assistance Appropriations Act, 
1985, as contained in the Continuing Appropriations Act, 1985 (Public 
Law 98-473). This amendment had been included as sec. 303 of H.R. 5119, 
the International Security and Development Cooperation Act of 1984, as 
passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 303 of 
H.R. 5119.
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    (2) \18\ (A) In carrying out the purposes of this 
subsection, the President shall promote, encourage, and 
undertake activities designed to deal directly with the special 
health needs of children and mothers. Such activities should 
utilize simple, available technologies which can significantly 
reduce childhood mortality, such as improved and expanded 
immunization programs, oral rehydration to combat diarrhoeal 
diseases, and education programs aimed at improving nutrition 
and sanitation and at promoting child spacing. In carrying out 
this paragraph, guidance shall be sought from knowledgeable 
health professionals from outside the agency primarily 
responsible for administering this part. In addition to 
government-to-government programs, activities pursuant to this 
paragraph should include support for appropriate activities of 
the types described in this paragraph which are carried out by 
international organizations (which may include international 
organizations receiving funds under chapter 3 of this part) and 
by private and voluntary organizations, and should include 
encouragement to other donors to support such types of 
activities.
    (B) \19\ In addition to amounts otherwise available for 
such purpose, there are authorized to be appropriated to the 
President $25,000,000 for fiscal year 1986 and $75,000,000 for 
fiscal year 1987 for use in carrying out this paragraph. 
Amounts appropriated under this subparagraph are authorized to 
remain available until expended.

-----------------------------------------------------------------------
    \19\ Sec. 304 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) replaced an 
authorization figure of ``$25,000,000'' with ``$25,000,000 for fiscal 
year 1986 and $25,000,000 for fiscal year 1987''. Section 103(b) of 
Public Law 99-529 (100 Stat. 3010) replaced the $25,000,000 
authorization for fiscal year 1987 with an authorization of 
$75,000,000.
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    (C) Appropriations pursuant to subparagraph (B) may be 
referred to as the ``Child Survival Fund.''
    (3) \20\ The Congress recognizes that the promotion of 
primary health care is a major objective of the foreign 
assistance program. The Congress further recognizes that 
simple, relatively low-cost means already exist to reduce 
incidence of communicable diseases among children, mothers, and 
infants. The promotion of vaccines for immunization, and salts 
for oral rehydration, therefore, is an essential feature of the 
health assistance program. To this end, the Congress expects 
the agency primarily responsible for administering this part to 
set as a goal the protection of not less than 80 percent of all 
children, in those countries in which such agency has 
established development programs, from immunizable diseases by 
January 1, 1991. Of the aggregate amounts made available for 
fiscal year 1987 to carry out paragraph (2) of this subsection 
(relating to the Child Survival Fund) and to carry out 
subsection (c) (relating to development assistance for health), 
$50,000,000 shall be used to carry out this paragraph.\21\


-----------------------------------------------------------------------
    \20\ Par. (3) was added by sec. 305 of the International Security 
and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 
190). Sec. 305(b) of the act provides that: ``Each annual report 
required by section 634 of the Foreign Assistance Act of 1961 shall 
describe the progress achieved during the preceding fiscal year in 
carrying out section 104(c)(3) of such Act.''.
    \21\ The last sentence of paragraph (3) was added by sec. 103(a) of 
Public Law 99-529 (100 Stat. 3010).
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     (d) Integration of Assistance Programs.--(1) Assistance 
under this chapter shall be administered so as to give 
particular attention to the interrelationship between (A) 
population growth, and (B) development and overall improvement 
in living standards in developing countries, and to the impact 
of all programs, projects, and activities on population growth. 
All appropriate activities proposed for financing under this 
chapter shall be designed to build motivation for smaller 
families through modification of economic and social conditions 
supportive of the desire for large families, in programs such 
as education in and out of school, nutrition, disease control, 
maternal and child health services, improvements in the status 
and employment of women, agricultural production, rural 
development, and assistance to the urban poor, and through 
community-based development programs which give recognition to 
people motivated to limit the size of their families.\22\ 
Population planning programs shall be coordinated with other 
programs aimed at reducing the infant mortality rate, providing 
better nutrition for pregnant women and infants, and raising 
the standard of living of the poor.


-----------------------------------------------------------------------
    \22\ The reference to community-based development programs was 
added by sec. 102(b) of the International Development Cooperation Act 
of 1979 (Public Law 96-53; 93 Stat. 360).
-----------------------------------------------------------------------


    (2) Since the problems of malnutrition, disease, and rapid 
population growth are closely related, planning for assistance 
to be provided under subsections (b) and (c) of this section 
and under section 103 shall be coordinated to the maximum 
extent practicable.
    (3) Assistance provided under this section shall emphasize 
low-cost integrated delivery systems for health, nutrition, and 
family planning for the poorest people, with particular 
attention to the needs of mothers and young children, using 
paramedical and auxiliary medical personnel, clinics and health 
posts, commercial distribution systems, and other modes of 
community outreach.
    (e) Research and Analysis.--(1) Health and population 
research and analysis carried out under this Act shall--
          (A) be undertaken to the maximum extent practicable 
        in developing countries by developing country 
        personnel, linked as appropriate with private and 
        governmental biomedical research facilities within the 
        United States;
          (B) take account of the special needs of the poor 
        people of developing countries in the determination of 
        research priorities; and
          (C) make extensive use of field testing to adapt 
        basic research to local conditions.
    (2) The President is authorized to study the complex 
factors affecting population growth in developing countries and 
to identify factors which might motivate people to plan family 
size or to space their children.
    (f) \23\ Prohibition on Use of Funds for Abortions and 
Involuntary Sterilizations.--(1) None of the funds made 
available to carry out this part may be used to pay for the 
performance of abortions as a method of family planning or to 
motivate \24\ or coerce any person to practice abortions.


-----------------------------------------------------------------------
    \23\ Sec. 518 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2411), made a similar prohibition.
    Par. (3) of subsec. (f) was added by sec. 302(b) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1532).
    \24\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2389), under ``Development Assistance'', provided the following:
    ``That for purposes of this or any other Act authorizing or 
appropriating funds for foreign operations, export financing, and 
related programs, the term `motivate', as it relates to family planning 
assistance, shall not be construed to prohibit the provision, 
consistent with local law, of information or counseling about all 
pregnancy options''.
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     (2) None of the funds made available to carry out this part 
may be used to pay for the performance of involuntary 
sterilizations as a method of family planning or to coerce or 
provide any financial incentive to any person to undergo 
sterilizations.
    (3) None of the funds made available to carry out this part 
may be used to pay for any biomedical research which relates, 
in whole or in part, to methods of, or the performance of, 
abortions or involuntary sterilization as a means of family 
planning.
    (g) Authorizations of Appropriations.--(1) There are 
authorized to be appropriated to the President, in addition to 
funds otherwise available for such purposes--
          (A) $290,000,000 for fiscal year 1986 and 
        $290,000,000 for fiscal year 1987 to carry out 
        subsection (b) of this section; and
          (B) $205,000,000 for fiscal year 1986 and 
        $180,000,000 for fiscal year 1987 to carry out 
        subsection (c) of this section.
    (2) Funds appropriated under this subsection are authorized 
to remain available until expended.\25\


-----------------------------------------------------------------------
    \25\ The authorization figures for fiscal years 1986 and 1987 to 
carry out subsecs. (b) and (c) were added by sec. 303 of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 190). Subsequently, sec. 404 of Public Law 99-529 
(100 Stat. 3341) replaced the $205,000,000 authorization for subsec. 
(c) with an authorization of $180,000,000. Authorizations under subsec. 
(b) in recent years include: fiscal year 1978--$167,000,000; fiscal 
year 1979--$224,745,000; fiscal year 1980--$201,000,000; fiscal year 
1981--$238,000,000; fiscal year 1982--$211,000,000; fiscal year 1983--
$211,000,000; fiscal year 1984--$244,600,000; fiscal year 1985--no 
authorization; fiscal year 1988--no authorization; fiscal year 1989--no 
authorization; fiscal year 1990--no authorization; fiscal year 1991--no 
authorization; fiscal year 1992--no authorization; fiscal year 1993--no 
authorization; fiscal year 1994--no authorization; fiscal year 1995--no 
authorization; fiscal year 1996--no authorization; fiscal year 1997--no 
authorization. Authorizations under subsec. (c) in recent years 
include: fiscal year 1978--$107,700,000; fiscal year 1979--
$148,494,000; fiscal year 1980--$141,000,000; fiscal year 1981--
$145,300,000; fiscal year 1982--$133,405,000; fiscal year 1983--
$133,405,000 (of the 1982 and 1983 subsec. (c) authorizations, not less 
than 16 percent or $38,000,000 whichever amount is less was made 
available for United Nations Fund for Population Activities); fiscal 
year 1984--$133,404,000; fiscal year 1985--no authorization; fiscal 
year 1988--no authorization; fiscal year 1989--no authorization; fiscal 
year 1990--no authorization; fiscal year 1991--no authorization; fiscal 
year 1992--no authorization; fiscal year 1993--no authorization; fiscal 
year 1994--no authorization; fiscal year 1995--no authorization; fiscal 
year 1996--no authorization; fiscal year 1997--no authorization.
    Congress did not enact an authorization for fiscal year 1998. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118), waived the requirement 
for authorization, and title II of that Act (111 Stat. 2389) provided 
the following:

                        ``development assistance

                    ``(including transfer of funds)

    ``* * * Provided further, That none of the funds made available in 
this Act nor any unobligated balances from prior appropriations may be 
made available to any organization or program which, as determined by 
the President of the United States, supports or participates in the 
management of a program of coercive abortion or involuntary 
sterilization: Provided further, That none of the funds made available 
under this heading may be used to pay for the performance of abortion 
as a method of family planning or to motivate or coerce any person to 
practice abortions; and that in order to reduce reliance on abortion in 
developing nations, funds shall be available only to voluntary family 
planning projects which offer, either directly or through referral to, 
or information about access to, a broad range of family planning 
methods and services: Provided further, That in awarding grants for 
natural family planning under section 104 of the Foreign Assistance Act 
of 1961 no applicant shall be discriminated against because of such 
applicant's religious or conscientious commitment to offer only natural 
family planning; and, additionally, all such applicants shall comply 
with the requirements of the previous proviso: Provided further, That 
for purposes of this or any other Act authorizing or appropriating 
funds for foreign operations, export financing, and related programs, 
the term `motivate', as it relates to family planning assistance, shall 
not be construed to prohibit the provision, consistent with local law, 
of information or counseling about all pregnancy options: Provided 
further, That nothing in this paragraph shall be construed to alter any 
existing statutory prohibitions against abortion under section 104 of 
the Foreign Assistance Act of 1961: * * *''.
    See also sec. 518 of that Act, relating to the prohibition on 
funding for abortions and involuntary sterilization, sec. 522, relating 
to child survival, AIDS, and other activities, and sec. 592, relating 
to authorization for population planning.
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    Sec. 105.\26\ Education and Human Resources Development.--
(a) \27\ In order to reduce illiteracy, to extend basic 
education, and to increase manpower training in skills related 
to development, the President is authorized to furnish 
assistance on such terms and conditions as he may determine, 
for education, public administration, and human resource 
development. There are authorized to be appropriated to the 
President for the purposes of this section, in addition to 
funds otherwise available for such purposes, $180,000,000 for 
fiscal year 1986 and $180,000,000 for fiscal year 1987, which 
are authorized to remain available until expended.\28\


-----------------------------------------------------------------------
    \26\ 22 U.S.C. 2151c. Sec. 105 was added by sec. 2(3) of the FA Act 
of 1973.
    \27\ Sec. 305 of Public Law 94-161 (89 Stat. 849) added subsection 
designation ``(a)'' and new subsecs. (b) and (c).
    \28\ The authorization figures for fiscal years 1986 and 1987 were 
added by sec. 306 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190). 
Authorizations for recent years include fiscal year 1975--$92,000,000; 
fiscal year 1976--$89,200,000; fiscal year 1977--$101,800,000; fiscal 
year 1978--$84,900,000; fiscal year 1979--$126,244,000; fiscal year 
1980--$105,000,000; fiscal year 1981--$101,000,000; fiscal year 1982--
$103,600,000; fiscal year 1983--$103,600,000; fiscal year 1984--
$121,477,000; fiscal year 1985--no authorization; fiscal year 1988--no 
authorization; fiscal year 1989--no authorization; fiscal year 1990--no 
authorization; fiscal year 1991--no authorization; fiscal year 1992--no 
authorization; fiscal year 1993--no authorization; fiscal year 1994--no 
authorization; fiscal year 1995--no authorization; fiscal year 1996--no 
authorization; fiscal year 1997--no authorization; fiscal year 1998--no 
authorization.
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    (b) \27\, \29\ Assistance provided under this 
section shall be used primarily to expand and strengthen 
nonformal education methods, especially those designed to 
improve productive skills of rural families and the urban poor 
and to provide them with useful information; to increase the 
relevance of formal education systems to the needs of the poor, 
especially at the primary level, through reform of curricula, 
teaching materials, and teaching methods, and improved teacher 
training; and to strengthen the management capabilities of 
institutions which enable the poor to participate in 
development. Assistance under this section shall also be 
provided for advanced education and training of people of 
developing countries in such disciplines as are required for 
planning and implementation of public and private development 
activities.\30\


-----------------------------------------------------------------------
    \29\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made conforming 
amendments by striking out paragraph designation ``(1)'' and by 
striking out paragraph (2). Paragraph (2), previously added by sec. 201 
of Public Law 99-440 (100 Stat. 1094), formerly read as follows:
    ``(2)(A)(i) Of the amounts authorized to be appropriated to carry 
out this section for the fiscal years 1987, 1988, and 1989, not less 
than $4,000,000 shall be used in each such fiscal year to finance 
education, training, and scholarships for the victims of apartheid, 
including teachers and other educational professionals, who are 
attending universities and colleges in South Africa. Amounts available 
to carry out this subparagraph shall be provided in accordance with the 
provisions of section 802(c) of the International Security and 
Development Cooperation Act of 1985.
    ``(ii) Funds made available for each such fiscal year for purposes 
of chapter 4 of part II of this Act may be used to finance such 
education, training, and scholarships in lieu of an equal amount made 
available under this subparagraph.
    ``(B)(i) In addition to amounts used for purposes of subparagraph 
(A), the agency primarily responsible for administering this part, in 
collaboration with other appropriate departments or agencies of the 
United States, shall use assistance provided under this section or 
chapter 4 of part II of this Act to finance scholarships for students 
pursuing secondary school education in South Africa. The selection of 
scholarship recipients shall be by a nationwide panel or by regional 
panels appointed by the United States chief of diplomatic mission to 
South Africa.
    ``(ii) Of the amounts authorized to be appropriated to carry out 
this section and chapter 4 of part II of this Act for the fiscal years 
1987, 1988, and 1989, up to an aggregate of $1,000,000 may be used in 
each such fiscal year for purposes of this subparagraph.
    ``(C)(i) In addition to the assistance authorized in subparagraph 
(A), the agency primarily responsible for administering this part shall 
provide assistance for in-service teacher training programs in South 
Africa through such nongovernmental organizations as TOPS or teachers' 
unions.
    ``(ii) Of the amounts authorized to be appropriated to carry out 
this section and chapter 4 of part II of this Act, up to an aggregate 
of $500,000 for the fiscal year 1987 and up to an aggregate of 
$1,000,000 for the fiscal year 1988 may be used for purposes of this 
subparagraph, subject to standard procedures for project review and 
approval.''.
    \30\ This sentence was added by sec. 103(b) of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 360).
-----------------------------------------------------------------------


    (c) \29\, \31\ * * * [Repealed--1979]


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    \31\ Subsec. (c), which authorized funds during fiscal year 1977 
and fiscal year 1978 for the southern African student program and the 
southern African training program, was repealed by sec. 122 of the 
International Development Cooperation Act of 1979 (Public Law 96-53; 93 
Stat. 366).
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    Sec. 106.\32\ Energy, Private Voluntary Organizations, and 
Selected Development Activities.--(a)(1)(A) \33\ The Congress 
finds that energy development and production are vital elements 
in the development process, that energy shortages in developing 
countries severely limit the development process in such 
countries, that two-thirds of the developing countries which 
import oil depend on it for at least 90 percent of the energy 
which their economies require, and that the dramatic increase 
in world oil prices since 1973 has resulted in considerable 
economic hardship for many developing countries. The Congress 
is concerned that the value and purpose of much of the 
assistance provided to developing countries under sections 103, 
104, and 105 are undermined by the inability of many developing 
countries to satisfy their energy requirements. Unless the 
energy deficit of the developing countries can be narrowed by 
more fully exploiting indigenous sources of energy such as oil, 
natural gas, and coal, scarce foreign exchange will 
increasingly have to be diverted to oil imports, primarily to 
the detriment of long-term development and economic growth.


-----------------------------------------------------------------------
    \32\ 22 U.S.C. 2151d. Sec. 106, as added by Public Law 94-161 (89 
Stat. 849), was amended by sec. 104 of the International Development 
Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 360) by 
redesignating subsecs. (a) and (b) as (c) and (d) and by adding new 
subsecs. (a) and (b). Sec. 304(a) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) 
substituted the current section heading in lieu of ``Technical 
Assistance, Energy, Research, Reconstruction, and Selected Development 
Activities''. A prior version of sec. 106 (added in 1973 by Public Law 
93-189) had also been repealed by Public Law 94-161.
    See also the Energy Policy Act of 1992 (Public Law 102-486; 106 
Stat. 2776), particularly title XII, as it relates to the export of 
renewable energy technologies, and title XIII, as it relates to the 
export of clean coal technology. See Legislation on Foreign Relations 
Through 1997, vol. IV, sec. L.
    \33\ Sec. 304(b) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated 
pars. (1), (2), (3), and (4) of subsec. (a) as subpars. (A), (B), (C), 
and (D), respectively; redesignated subpars. (A), (B), and (C) of 
former par. (3) as clauses (i), (ii), and (iii), respectively; and 
added a new par. (2).
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    (B) \33\ The Congress recognizes that many developing 
countries lack access to the financial resources and technology 
necessary to locate, explore, and develop indigenous energy 
resources.
    (C) \33\ The Congress declares that there is potential for 
at least a moderate increase by 1990 in the production of 
energy for commercial use in the developing countries which are 
not members of the Organization of Petroleum Exporting 
Countries. In addition, there is a compelling need for vigorous 
efforts to improve the available data on the location, scale, 
and commercial exploitability of potential oil, natural gas, 
and coal reserves in developing countries, especially those 
which are not members of the Organization of Petroleum 
Exporting Countries. The Congress further declares that there 
are many benefits to be gained by the developing countries and 
by the United States and other developed countries through 
expanded efforts to expedite the location, exploration, and 
development of potential sources of energy in developing 
countries. These benefits include, but are not limited to, the 
following:
          (i) \33\ The world's energy supply would be increased 
        and the fear of abrupt depletion would be lessened with 
        new energy production. This could have a positive 
        impact upon energy prices in international markets as 
        well as a positive effect upon the balance of payments 
        problems of many developing countries.
          (ii) \33\ Diversification of the world's supplies of 
        energy from fossil fuels would make all countries, 
        developing and developed, less susceptible to supply 
        interruptions and arbitrary production and pricing 
        policies.
          (iii) \33\ Even a moderate increase in energy 
        production in the developing countries would improve 
        their ability to expand commercial trade, foreign 
        investment, and technology transfer possibilities with 
        the United States and other developed countries.
    (D) \33\ Assistance for the production of energy from 
indigenous resources, as authorized by subsection (b) of this 
section, would be of direct benefit to the poor in developing 
countries because of the overwhelming impact of imported energy 
costs upon the lives of the poor and their ability to 
participate in development.
    (2) \33\ The Congress also finds that energy production 
from renewable, decentralized sources and energy conservation 
are vital elements in the development process. Inadequate 
access by the poor to energy sources as well as the prospect of 
depleted fossil fuel reserves and higher energy prices require 
an enhanced effort to expand the energy resources of developing 
countries through greater emphasis on renewable sources. 
Renewable and decentralized energy technologies have particular 
applicability for the poor, especially in rural areas.
    (b) \32\ (1) \34\ In order to help developing countries 
alleviate their energy problems by improving their ability to 
use indigenous energy resources to produce the energy needed by 
their economies, the President is authorized to furnish 
assistance, on such terms and conditions as he may determine, 
to enable such countries to prepare for and undertake 
development of their energy resources. Such assistance may 
include data collection and analysis, the training of skilled 
personnel, research on and development of suitable energy 
sources, and pilot projects to test new methods of energy 
production.


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    \34\ Sec. 304(c) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated 
pars. (1) and (2) of subsec. (b) as subpars. (A) and (B), respectively, 
and added a new par. (2). Subsequently, designation of subpar. (A) was 
struck out and subpar. (B) was repealed by sec. 1211(a)(2) of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 279). Subpar. (B) previously read as follows: ``Of 
the funds made available to carry out this section, up to $7,000,000 
for the fiscal year 1981 shall be used for purposes of paragraph (A) to 
facilitate geological and geophysical survey work to locate potential 
oil, natural gas, and coal reserves and to encourage exploration for 
potential oil, natural gas, and coal reserves in developing countries 
which are not members of the Organization of Petroleum Exporting 
Countries''.
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    (2) \34\ The President is authorized to furnish assistance 
under this chapter for cooperative programs with developing 
countries in energy production and conservation through 
research on and development and use of small-scale, 
decentralized, renewable energy sources for rural areas carried 
out as integral parts of rural development efforts in 
accordance with section 103 of this Act. Such programs shall 
also be directed toward the earliest practicable development 
and use of energy technologies which are environmentally 
acceptable, require minimum capital investment, are most 
acceptable to and affordable by the people using them, are 
simple and inexpensive to use and maintain, and are 
transferable from one region of the world to another. Such 
programs may include research on and the development, 
demonstration, and application of suitable energy technologies 
(including use of wood); analysis of energy uses, needs, and 
resources; training and institutional development; and 
scientific interchange.
    (c) \35\ The agency primarily responsible for administering 
this part and the Department of Energy shall coordinate with 
one another, to the maximum extent possible, the planning and 
implementation of energy programs under this chapter.


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    \35\ Sec. 304 of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated 
subsec. (c) as subsec. (d), amended former subsec. (d) and redesignated 
it as subsec. (e), and added a new subsec. (c).
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    (d) \35\ The President is authorized to furnish assistance, 
on such terms and conditions as he may determine, for the 
following activities, to the extent that such activities are 
not authorized by sections 103, 104, and 105 of this Act:
          (1) programs of technical cooperation and 
        development, particularly the development efforts of 
        United States private and voluntary agencies and 
        regional and international development organizations;
          (2) \36\ programs of research into, and evaluation 
        of, the process of economic development in less 
        developed countries and areas, into the factors 
        affecting the relative success and costs of development 
        activities, and into the means, techniques, and such 
        other aspects of development assistance as the 
        President may determine in order to render such 
        assistance of increasing value and benefit;


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    \36\ Sec. 104(b)(1) of the International Development Cooperation 
Act of 1979 (Public Law 96-53; 93 Stat. 360) struck out par. (2), which 
concerned various programs designed to alleviate energy problems 
experienced by developing countries, and redesignated pars. (3) through 
(6) as pars. (2) through (5), respectively.
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          (3) \36\ programs of reconstruction following natural 
        or manmade disasters and programs of disaster 
        preparedness,\37\ including the prediction of and 
        contingency planning for natural disasters abroad;


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    \37\ The reference to the program of disaster preparedness was 
added by sec. 304(a) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1533).
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          (4) \36\ programs designed to help solve special 
        development problems in the poorest countries and to 
        make possible proper utilization of infrastructure and 
        related projects funded with earlier United States 
        assistance; and
          (5) \36\ programs of urban development, with 
        particular emphasis on small, labor intensive 
        enterprises, marketing systems for small producers, and 
        financial and other institutions which enable the urban 
        poor to participate in the economic and social 
        development of their country.
    (e) \35\ (1) There are authorized to be appropriated to the 
President for purposes of this section, in addition to funds 
otherwise available for such purposes, $207,000,000 for fiscal 
year 1986 and $207,000,000 for fiscal year 1987.\38\


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    \38\ The authorization figures for fiscal years 1986 and 1987 were 
added by sec. 309(b) of the International Security and Development Act 
of 1985 (Public Law 99-83; 99 Stat. 190). Authorizations for recent 
years included the following: fiscal year 1976--$99,550,000; fiscal 
year 1977--$104,500,000; fiscal year 1978--$105,000,000; fiscal year 
1979--$126,244,000; fiscal year 1980--$125,000,000; fiscal year 1981--
$140,000,000; fiscal year 1982--$147,200,000; fiscal year 1983--
$147,200,000; fiscal year 1984--$160,000,000; fiscal year 1985--no 
authorization; fiscal year 1988--no authorization; fiscal year 1989--no 
authorization; fiscal year 1990--no authorization; fiscal year 1991--no 
authorization; fiscal year 1992--no authorization; fiscal year 1993--no 
authorization; fiscal year 1994--no authorization; fiscal year 1995--no 
authorization; fiscal year 1996--no authorization; fiscal year 1997--no 
authorization; fiscal year 1998--no authorization.
    Sec. 105 of Public Law 96-53 struck out language in subsec. (e) 
which provided $30,000,000 during the period July 1, 1975, to Sept. 3, 
1977, for reimbursement to private voluntary agencies of the United 
States for costs incurred with respect to the shipment of food and 
nonfood commodities provided through private donations.
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    (2) Amounts appropriated under this section are authorized 
to remain available until expended.
    (f) \39\ Of the amounts authorized to be appropriated to 
carry out this chapter $5,000,000 for fiscal year 1986 and 
$5,000,000 for fiscal year 1987 shall be used to finance 
cooperative projects among the United States, Israel, and 
developing countries.


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    \39\ Subsec. (f) was added by sec. 307(b) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 190).
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    Sec. 107.\40\ Appropriate Technology.--(a) In carrying out 
activities under this chapter, the President shall place 
special emphasis on the use of relatively smaller, cost-saving, 
labor-using technologies that are generally most appropriate 
for the small farms, small businesses, and small incomes of the 
poor.

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    \40\ 22 U.S.C. 2151e. Sec. 107, as added by sec. 306 of Public Law 
94-161, was amended and restated by sec. 107 of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 947).
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    (b) Funds made available to carry out this chapter should 
be used to the extent practicable for activities in the field 
of appropriate technology, including support of an expanded and 
coordinated private effort to promote the development and 
dissemination of appropriate technology in developing 
countries.
    Sec. 108.\41\ Application of Existing Provision.--* * * 
[Repealed--1978]

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    \41\ Sec. 108, as added by the FA Act of 1973, was repealed by sec. 
102(g)(2)(K)(i) of the International Development and Food Assistance 
Act of 1978 (92 Stat. 943).
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    Sec. 108.\42\ Private Sector Revolving Fund.--(a) \43\ The 
Congress finds that the development of private enterprise, 
including cooperatives, is a vital factor in the stable growth 
of developing countries and in the development and stability of 
a free, open, and equitable international economic system. It 
is therefore in the best interests of the United States to 
assist the development of the private sector in developing 
countries and to engage the United States private sector in 
that process. In order to promote such private sector 
development, the President is authorized to establish a 
revolving fund account in the United States Treasury. All funds 
deposited in such account shall, notwithstanding any provision 
in an appropriation Act to the contrary, be free from fiscal 
year limitations.

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    \42\ 22 U.S.C. 2151f.
    \43\ Sec. 108(a)-(h) was added by the International Security and 
Development Assistance Authorizations Act of 1983 (sec. 101(b)(2) of 
the Further Continuing Appropriations, 1984; Public Law 98-151; 97 
Stat. 972). Sec. 101(b)(2) of Public Law 98-151 stipulated that sec. 
108 would be enacted as contained in sec. 407 of H.R. 2992, as reported 
by the House Committee on Foreign Affairs on May 17, 1983.
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    (b) \43\ Of the funds made available under this chapter in 
each of the fiscal years 1986 and 1987, up to $18,000,000 may 
be deposited in this account. Such funds used in accordance 
with the policies and authorities of this section shall be in 
addition to other funds available for private sector activities 
under other authorities in this Act. Any reflows and income 
arising from activities carried out pursuant to this section, 
including loan repayments and fee income (as provided in 
subsection (e) of this section), shall be deposited into the 
revolving fund and remain available to carry out the purposes 
of this section. All funds in such account may be invested in 
obligations of the United States.
    (c) \43\ (1) The agency primarily responsible for 
administering this part is authorized to use the funds 
maintained in this revolving fund account to furnish assistance 
in furtherance of the policy of subsection (a) on such terms 
and conditions as it may determine. Amounts in the revolving 
fund account shall be available for obligation for assistance 
under this section only to such extent as may be provided in 
advance in appropriation Acts. Assistance may be provided under 
this section without regard to sections 604(a) and 620(r) of 
this Act.\44\

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    \44\ Congress did not enact an authorization for fiscal year 1998. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118), waived the requirement 
for authorization, and title II of that Act (111 Stat. 2391) provided 
the following:

        ``micro and small enterprise development program account

    ``For the cost of direct loans and loan guarantees, $1,500,000, as 
authorized by section 108 of the Foreign Assistance Act of 1961, as 
amended: Provided, That such costs shall be as defined in section 502 
of the Congressional Budget Act of 1974: Provided further, That 
guarantees of loans made under this heading in support of 
microenterprise activities may guarantee up to 70 percent of the 
principal amount of any such loans notwithstanding section 108 of the 
Foreign Assistance Act of 1961. In addition, for administrative 
expenses to carry out programs under this heading, $500,000, all of 
which may be transferred to and merged with the appropriation for 
Operating Expenses of the Agency for International Development: 
Provided further, That funds made available under this heading shall 
remain available until September 30, 1999.''.
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    (2) Assistance under this section may be provided only to 
support private sector activities which--
          (A) are consistent with the United States development 
        assistance policies set forth in section 102 of this 
        Act and with the development priorities of the host 
        country;
          (B) are the types of activities for which assistance 
        may be provided under sections 103 through 106 of this 
        Act;
          (C) will have a demonstration effect;
          (D) will be innovative;
          (E) are financially viable;
          (F) will maximize the development impact appropriate 
        to the host country, particularly in employment and the 
        use of appropriate technology; and
          (G) are primarily directed to making available to 
        small business enterprises and cooperatives necessary 
        support and services which are not otherwise generally 
        available.
In determining whether an enterprise is a small business 
enterprise, the agency primarily responsible for administering 
this part shall take into consideration the enterprise's total 
net fixed assets and number of employees, together with the 
relevant definition utilized by the host country government and 
the International Bank for Reconstruction and Development and 
other international organizations.
    (3)(A) Not more than $3,000,000 may be made available under 
this section to support any one project.
    (B) Not more than 50 per centum of the financial support 
for any project may be provided under this section, and a 
substantial portion of the financial support for a project 
assisted under this section must be provided by sources within 
the host country.
    (C) Not more than 20 per centum of the assets of the 
revolving fund account under this section may be used to 
support projects in any one country.
    (D) In order to maximize the impact on institution 
building, loans under this section shall be made primarily to 
intermediary entities which provide necessary support and 
services for private sector activities.
    (E) Loans under this section shall be at or near the 
interest rate otherwise available to the recipient.
    (d) \43\ (1) If at any time the assets of the revolving 
fund account exceeds $100,000,000, the President shall remit 
the amount in excess of $100,000,000 to the United States 
Treasury.
    (2) As used in this section, ``assets'' includes amounts in 
the revolving fund account plus the value of investments made 
with amounts from the fund plus the current value of 
outstanding obligations under loans under this section.
    (3) In addition to the requirement of paragraph (1), at the 
end of any fiscal year, the agency primarily responsible for 
administering this part may determine that amounts in the 
revolving fund are sufficient to permit the remittance to the 
United States Treasury of an amount equal to a portion or the 
total amount of appropriated funds deposited in the revolving 
fund. Any such remittance shall be deemed to be a decrease in 
the appropriated funds in the revolving fund. After remittance 
has been made of an amount equal to the total amount of 
appropriated funds, the revolving fund shall consist and be 
deemed to consist entirely of nonappropriated funds.
    (e) \43\ A fee may be charged, where appropriate, in 
carrying out activities with funds from the revolving fund 
authorized in this section. The amount of any such fee shall be 
determined by the agency primarily responsible for 
administering this part.
    (f) \43\ In the event the revolving fund is terminated, all 
unobligated money in the fund at the time of such termination 
shall be transferred to and become part of the miscellaneous 
receipts account of the Treasury.
    (g) \43\ As part of its annual congressional presentation 
documents submitted to the Congress, the agency primarily 
responsible for administering this part shall include a 
description of projects proposed to be funded from the 
revolving fund account for that fiscal year. To the extent that 
projects are proposed for funding which are not contained in 
the annual congressional presentation documents, at least 
fifteen days' advance notification shall be provided to the 
Congress in accordance with section 634A of this Act.
    (h) \43\ Not later than December 31 of each year, the 
President shall submit a comprehensive report which details all 
projects funded under this section during the previous fiscal 
year, all reflows to the revolving fund account, a status 
report on all projects currently contained in the fund's 
portfolio. Such reports shall include, but not be limited to, 
information regarding numbers and kinds of beneficiaries 
reached, amounts and kinds of benefits provided by the funded 
projects to targeted populations, and a justification for 
projects within the context of the goals and objectives of the 
United States development assistance program.
    (i) \45\ (1) To carry out the purposes of subsection (a), 
in addition to the other authorities set forth in this section, 
the agency primarily responsible for administering this part is 
authorized to issue guarantees on such terms and conditions as 
it shall determine assuring against losses incurred in 
connection with loans made to projects that meet the criteria 
set forth in subsection (c). The full faith and credit of the 
United States is hereby pledged for the full payment and 
performance of such guarantees.

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    \45\ Sec. 108(i) was added by sec. 2211 of the Omnibus Trade and 
Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1335).
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    (2) Loans guaranteed under this subsection shall be on such 
terms and conditions as the agency may prescribe, except for 
the following:
          (A) The agency shall issue guarantees only when it is 
        necessary to alleviate a credit market imperfection.
          (B) Loans guaranteed shall provide for complete 
        amortization within a period not to exceed ten years 
        or, if the principal purpose of the guaranteed loan is 
        to finance the construction or purchase of a physical 
        asset with a useful life of less than ten years, within 
        a period not to exceed such useful life.
          (C) No loan guaranteed to any one borrower may exceed 
        50 percent of the cost of the activity to be financed, 
        or $3,000,000, whichever is less, as determined by the 
        agency.
          (D) No loan may be guaranteed unless the agency 
        determines that the lender is responsible and that 
        adequate provision is made for servicing the loan on 
        reasonable terms and protecting the financial interest 
        of the United States.
          (E) The fees earned from the loan guarantees issued 
        under this subsection shall be deposited in the 
        revolving fund account as part of the guarantee reserve 
        established under paragraph (5) of this subsection. 
        Fees shall be assessed at a level such that the fees 
        received, plus the funds from the revolving fund 
        account placed in the guarantee reserve satisfy the 
        requirements of paragraph (5). Fees shall be reviewed 
        every twelve months to ensure that the fees assessed on 
        new loan guarantees are at the required level.
          (F) Any guarantee shall be conclusive evidence that 
        such guarantee has been properly obtained, and that the 
        underlying loan as contracted qualifies for such 
        guarantee. Except for fraud or material 
        misrepresentation for which the parties seeking payment 
        under such guarantee are responsible, such guarantee 
        shall be presumed to be valid, legal, and enforceable.
          (G) The agency shall determine that the standards 
        used by the lender for assessing the credit risk of new 
        and existing guaranteed loans are reasonable. The 
        agency shall require that there be a reasonable 
        assurance of repayment before credit assistance is 
        extended.
          (H) Commitments to guarantee loans may be made by the 
        agency only to the extent that the total loan 
        principal, any part of which is guaranteed, will not 
        exceed the amount specified in annual appropriations 
        Acts.
    (3) To the extent that fees are not sufficient as specified 
under paragraph (2)(E) to cover expected future liabilities, 
appropriations are authorized to maintain an appropriate 
reserve.
    (4) The losses guaranteed under this subsection may be in 
dollars or in other currencies. In the case of loans in 
currencies other than dollars, the guarantees issued shall be 
subject to an overall payment limitation expressed in dollars.
    (5) The agency shall segregate in the revolving fund 
account and hold as a reserve an amount estimated to be 
sufficient to cover the agency's expected net liabilities on 
the loan guarantees outstanding under this subsection; except 
that the amount held in reserve shall not be less than 25 
percent of the principal amount of the agency's outstanding 
contingent liabilities on such guarantees. Any payments made to 
discharge liabilities arising from the loan guarantees shall be 
paid first out of the assets in the revolving fund account and 
next out of other funds made available for this purpose.
    Sec. 109.\46\ Transfer of Funds.--Whenever \47\ the 
President determines \48\ it to be necessary for the purposes 
of this chapter, not to exceed 15 per centum of the funds made 
available for any provision of this chapter may be transferred 
to, and consolidated with, the funds made available for any 
other provision of this chapter, and may be used for any of the 
purposes for which such funds may be used, except that the 
total in the provision for the benefit of which the transfer is 
made shall not be increased by more than 25 per centum of the 
amount of funds made available for such provision. The 
authority of sections 610(a) and 614(a) of this Act may not be 
used to transfer funds made available under this chapter for 
use for purposes of any other provision of this Act except that 
the authority of such sections may be used to transfer for the 
purposes of section 667 not to exceed five per centum of the 
amount of funds made available for section 667(a)(1).\49\

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    \46\ 22 U.S.C. 2151g. Sec. 109 was added by sec. 2(3) of the FA Act 
of 1973.
    Sec. 509 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2407), 
provided the following:

                      ``transfers between accounts

    ``Sec. 509. None of the funds made available by this Act may be 
obligated under an appropriation account to which they were not 
appropriated, except for transfers specifically provided for in this 
Act, unless the President, prior to the exercise of any authority 
contained in the Foreign Assistance Act of 1961 to transfer funds, 
consults with and provides a written policy justification to the 
Committees on Appropriations of the House of Representatives and the 
Senate: Provided, That the exercise of such authority shall be subject 
to the regular notification procedures of the Committees on 
Appropriations.''.
    Title II of that Act, furthermore, provided the following:

                        ``development assistance

                    ``(including transfer of funds)

    ``* * * Provided further, That, notwithstanding section 109 of the 
Foreign Assistance Act of 1961, of the funds appropriated under this 
heading in this Act, and of the unobligated balances of funds 
previously appropriated under this heading, not to exceed $2,500,000 
shall be transferred to `International Organizations and Programs' for 
a contribution to the International Fund for Agricultural Development 
(IFAD), and that any such transfer of funds shall be subject to the 
regular notification procedures of the Committees on Appropriations: * 
* *''.
    \47\ The words ``Notwithstanding sec. 108 of this Act,'' that had 
previously appeared in front of ``whenever,'' were struck by sec. 
102(g)(2)(K)(ii) of the International Development and Food Assistance 
Act of 1978 (92 Stat. 943).
    \48\ The President made such a determination in a memorandum of 
August 20, 1997 (62 F.R. 44879), stating: ``I hereby determine that it 
is necessary for the purposes of the [Foreign Assistance] Act [of 1961] 
that $17.5 million appropriated for fiscal year 1997 to carry out 
chapter 1 of part I of the Act be transferred to, and consolidated 
with, appropriations made to carry out section 667(a) of the Act. I 
hereby authorize such transfer and consolidation.''.
    \49\ The words to this point beginning with ``except that the 
authority of such sections * * *'' were added by sec. 129(b) of the 
International Development and Food Assistance Act of 1977 (91 Stat. 
543).
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    Sec. 110.\50\ Cost-Sharing and Funding Limits.--No 
assistance shall be furnished by the United States Government 
to a country under sections 103 through 106 of this Act until 
the country provides assurances to the President, and the 
President is satisfied, that such country provide at least 25 
per centum of the costs of the entire program, project, or 
activity with respect to which such assistance is to be 
furnished, except that such costs borne by such country may be 
provided on an ``in-kind'' basis.\51\

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    \50\ 22 U.S.C. 2151h. Sec. 110 was added by sec. 2(3) of the FA Act 
of 1973. Sec. 1211(a)(3) of the International Security and Development 
Cooperation Act of 1985 deleted par. (b) and removed the ``(a)'' 
designation from the preceding paragraph. Par. (b) previously read as 
follows:
    ``No grant assistance shall be disbursed by the United States 
Government under sections 103 through 106 of this Act for a project, 
for a period exceeding thirty-six consecutive months, without further 
justification satisfactory to the Congress and efforts being made to 
obtain sources of financing within that country and from other foreign 
countries and multilateral organizations.''.
    The initial phrase of subsec. (b), which had been added by Public 
Law 95-88 (91 Stat. 535), was struck by sec. 112(b)(2) of the 
International Development and Food Assistance Act of 1978 (92 Stat. 
949). It previously read as follows:
    ``Except for grants to countries determined to be relatively least 
developed based on the United Nations Conference on Trade and 
Development list of `relatively least developed countries',''.
    \51\ The following phrase, as added by Public Law 94-161 (89 Stat. 
849) and previously appeared at this point, was struck by sec. 
112(b)(1) of the International Development and Food Assistance Act of 
1978 (92 Stat. 949): ``and except that the President may waive this 
cost-sharing requirement in the case of a project or activity in a 
country which the agency primarily responsible for administering part I 
of this Act determines is relatively least developed based on the 
United Nations Conference on Trade and Development list of `relatively 
least developed countries'.''.
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    Sec. 111.\52\ Development and Use of Cooperatives.--In 
order to strengthen the participation of the rural and urban 
poor in their country's development, high priority shall be 
given to increasing the use of funds made available under this 
Act for technical and capital assistance in the development and 
use \53\ of cooperatives in the less developed countries which 
will enable and encourage greater numbers of the poor to help 
themselves toward a better life.\54\

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    \52\ 22 U.S.C. 2151i. Sec. 111, as added by sec. 2(3) of the FA Act 
of 1973, was amended by sec. 308 of Public Law 94-161 (89 Stat. 849). 
It formerly read as follows: ``In order to strengthen the participation 
of the urban and rural poor in their country's development, not less 
than $20,000,000 of the funds made available for the purposes of this 
chapter shall be available during the fiscal years 1974 and 1975 only 
for assistance in the less developed countries which will enable and 
encourage greater numbers of the poor to help themselves toward a 
better life.''.
    \53\ The words ``technical and capital assistance in the 
development and use'' were inserted in lieu of ``assistance in the 
development'' by sec. 107(a) of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 535).
    \54\ A sentence that earmarked funds specifically for technical 
assistance to carry out the purposes of this section and had previously 
appeared at this point was repealed by sec. 122 of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366).
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    Sec. 112.\55\ Prohibiting Police Training.--* * * 
[Repealed--1974]

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    \55\ Sec. 112, as added by sec. 2(3) of the FA Act of 1973, was 
repealed by sec. 30(b) of the FA Act of 1974. (See sec. 660 of this 
Act, ``Prohibiting Police Training'').
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    Sec. 113.\56\ Integrating Women Into National Economies.--
(a) In recognition of the fact that women in developing 
countries play a significant role in economic production, 
family support, and the overall development process of the 
national economies of such countries, this part shall be 
administered so as to give particular attention to those 
programs, projects, and activities which tend to integrate 
women into the national economies of developing countries, thus 
improving their status and assisting the total development 
effort.

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    \56\ 22 U.S.C. 2151k. Sec. 113, as added by sec. 2(3) of the FA Act 
of 1973, was amended and restated by sec. 108 of the International 
Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 
536). Sec. 113 formerly read as follows:
    ``Sec. 113. Integrating Women Into National Economies.--Part I of 
this Act shall be administered so as to give particular attention to 
those programs, projects, and activities which tend to integrate women 
into the national economies of foreign countries, thus improving their 
status and assisting the total development effort.''.
    Subsecs. (b) and (c), as added by Public Law 95-88 and which 
required a report from the President concerning the impact of 
development programs, projects, and activities on the integration of 
women into the developing economies of countries receiving assistance 
under this part, were repealed by sec. 122 of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366) 
(such report was submitted to the Congress on August 3, 1978). This 
subsec. (b), originally added as subsec. (d) by Public Law 95-424 (92 
Stat. 947), was redesignated as subsec. (b) by Public Law 96-53.
    The current text of subsec. (c) was added by sec. 305 of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1533).
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    (b) \56\ (1) Up to $10,000,000 of the funds made available 
each fiscal year under this chapter and chapter 10 of this part 
\57\ shall be used, in addition to funds otherwise available 
for such purposes, for assistance on such terms and conditions 
as the President may determine to encourage and promote the 
participation and integration of women as equal partners in the 
development process in the developing countries. These funds 
shall be used primarily to support activities which will 
increase the economic productivity and income earning capacity 
of women.

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    \57\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by inserting ``and chapter 10 of this part'' here.
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    (2) Nothing in this section shall be construed to authorize 
the establishment of a separate development assistance program 
for women.
    (c) \56\ Not less than $500,000 of the funds made available 
under this chapter for fiscal year 1982 shall be expended on 
international programs which support the original goals of the 
United Nations Decade for Women.
    Sec. 114.\58\ Limiting Use of Funds for Abortions or 
Involuntary Sterilization.--* * * [Repealed--1978]

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    \58\ Sec. 114, as added by the FA Act of 1973, was repealed by sec. 
104(b) of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 947). See sec. 104(f) of this Act for new 
language concerning this issue.
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    Sec. 115.\59\ Prohibiting Use of Funds for Certain 
Countries.--* * * [Repealed--1978]

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    \59\ Sec. 115, as added by the FA Act of 1974, was repealed by sec. 
102(f) of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 942).
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    Sec. 116.\60\ Human Rights.--(a) No assistance may be 
provided under this part to the government of any country which 
engages in a consistent pattern of gross violations 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 the abduction and clandestine detention of those 
persons,\61\ or other flagrant denial of the right to life, 
liberty, and the security of person, unless such assistance 
will directly benefit the needy people in such country.

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    \60\ 22 U.S.C. 2151n. Sec. 116 was added by sec. 310 of Public Law 
94-161 (89 Stat. 849). See also in the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1997, sec. 541, 
relating to special authorities, and sec. 544, relating to eligibility 
for assistance.
    \61\ This phrase beginning with ``causing the disappearance of * * 
*'' was added by sec. 701(a) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156).
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    (b) In determining whether this standard is being met with 
regard to funds allocated under this part, the Committee on 
Foreign Relations of the Senate or the Committee on Foreign 
Affairs \62\ of the House of Representatives may require the 
Administrator primarily responsible for administering part I of 
this Act to submit in writing information demonstrating that 
such assistance will directly benefit the needy people in such 
country, together with a detailed explanation of the assistance 
to be provided (including the dollar amounts of such 
assistance) and an explanation of how such assistance will 
directly benefit the needy people in such country. If either 
committee or either House of Congress disagrees with the 
Administrator's justification it may initiate action to 
terminate assistance to any country by a concurrent resolution 
under section 617 of this Act.

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    \62\ Sec. 9(a)(6) of Public Law 103-437 (108 Stat. 4588) struck out 
``International Relations'' and inserted in lieu thereof ``Foreign 
Affairs''. Subsequently, sec. 1(a)(5) of Public Law 104-14 (109 Stat. 
186) provided that references to the Committee on Foreign Affairs of 
the House of Representatives shall be treated as referring to the 
Committee on International Relations of the House of Representatives.
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  (b) \63\ No assistance may be provided to any government 
failing to take appropriate and adequate measures, within their 
means, to protect children from exploitation, abuse or forced 
conscription into military or paramilitary services.

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    \63\ Sec. 599D of the of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2066), added this second subsec. (b).
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    (c) \64\ In determining whether or not a government falls 
within the provisions of subsection (a) and in formulating 
development assistance programs under this part, the 
Administrator shall consider, in consultation with the 
Assistant Secretary of State for Democracy, Human Rights, and 
Labor--\65\

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    \64\ Sec. 111 of the International Development and Food Assistance 
Act of 1977 (Public Law 95-88; 91 Stat. 537) amended and restated 
subsecs. (c) and (d), and added a new subsec. (e). Subsecs. (c) and (d) 
formerly read as follows:
    ``(c) In determining whether or not a government falls within the 
provisions of subsection (a), consideration shall be given to the 
extent of cooperation of such government in permitting an unimpeded 
investigation of alleged violations of internationally recognized human 
rights by appropriate international organizations, including the 
International Committee of the Red Cross, or groups or persons acting 
under the authority of the United Nations or of the Organization of 
American States.
    ``(d) The President shall transmit to the Speaker of the House of 
Representatives and the Committee on Foreign Relations of the Senate, 
in the annual presentation materials on proposed economic development 
assistance programs, a full and complete report regarding the steps he 
has taken to carry out the provisions of this section.''.
    \65\ Sec. 162(e)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), struck 
out ``Assistant Secretary for Human Rights and Humanitarian Affairs'' 
and inserted in lieu thereof ``Assistant Secretary of State for 
Democracy, Human Rights, and Labor''. Previously, ``Assistant 
Secretary'' was inserted in lieu of ``Coordinator'' by sec. 109(a)(2) 
of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public 
Law 95-105; 91 Stat. 846).
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          (1) the extent of cooperation of such government in 
        permitting an unimpeded investigation of alleged 
        violations of internationally recognized human rights 
        by appropriate international organizations, including 
        the International Committee of the Red Cross, or groups 
        or persons acting under the authority of the United 
        Nations or of the Organization of American States; and
          (2) specific actions which have been taken by the 
        President or the Congress relating to multilateral or 
        security assistance to a less developed country because 
        of the human rights practices or policies of such 
        country.
    (d) \64\ The Secretary of State shall transmit to the 
Speaker of the House of Representatives and the Committee on 
Foreign Relations of the Senate, by January 31 of each year, a 
full and complete report regarding--
          (1) \66\ the status of internationally recognized 
        human rights, within the meaning of subsection (a)--

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    \66\ Paragraph (1) was amended and restated by sec. 504 of the 
International Development Cooperation Act of 1979 (Public Law 96-53; 93 
Stat. 378) by adding the requirement contained in clause (B). Sec. 504 
also required a report from the Secretary of State by November 15, 
1979, on the impact on the foreign relations of the United States of 
the reports required by this Act on the human rights practices of 
foreign governments.
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                  (A) in countries that receive assistance 
                under this part, and
                  (B) in all other foreign countries which are 
                members of the United Nations and which are not 
                otherwise the subject of a human rights report 
                under this Act;
          (2) \67\ wherever applicable, practices regarding 
        coercion in population control, including coerced 
        abortion and involuntary sterilization;

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    \67\ A new para. (2) was added and the former para. (2) was 
redesignated as para. (3) by sec. 127 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1342). Subsequently, sec. 201(a) of Public Law 104-319 (110 Stat. 
3864) struck out ``and'' at the end of para. (2), redesignated para. 
(3) as para. (5), and added new paras. (3) and (4).
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          (3) \67\ the votes of each member of the United 
        Nations Commission on Human Rights on all country-
        specific and thematic resolutions voted on at the 
        Commission's annual session during the period covered 
        during the preceding year;
          (4) \67\ the extent to which each country has 
        extended protection to refugees, including the 
        provision of first asylum and resettlement; and
          (5) \67\ the steps the Administrator has taken to 
        alter United States programs under this part in any 
        country because of human rights considerations.
    (e) \64\, \68\ The President is authorized and 
encouraged to use not less than $3,000,000 of the funds made 
available under this chapter, chapter 10 of this part,\69\ and 
chapter 4 of part II for each fiscal year for studies to 
identify, and for openly carrying out, programs and activities 
which will encourage or promote increased adherence to civil 
and political rights, as set forth in the Universal Declaration 
of Human Rights, in countries eligible for assistance under 
this chapter or under chapter 10 of this part, except that 
funds made available under chapter 10 of this part may only be 
used under this subsection with respect to countries in sub-
Saharan Africa. None of these funds may be used, directly or 
indirectly, to influence the outcome of any election in any 
country.

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    \68\ The first phrase, ``The President is authorized and encouraged 
to use not less than'', was added by sec. 109(1) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 947).
    The authorization level of $3,000,000 and the reference to funds 
available under chapter 4 of part II were added by sec. 1002(a)(1) of 
the Department of State Authorization Act, Fiscal Years 1984 and 1985 
(Public Law 98-164; 97 Stat. 1052). Previously, amendments by sec. 306 
of the International Security and Development Cooperation Act of 1981 
(Public Law 97-113; 95 Stat. 1533), sec. 504 of Public Law 96-533 (94 
Stat. 378), and sec. 109(2) of Public Law 95-424 (92 Stat. 947) 
authorized the use of $1,500,000 for this purpose in fiscal years 1982-
1983, fiscal year 1981, and fiscal year 1979, respectively. The 
original text of subsec. (e), added by sec. 111 of Public Law 95-88 (91 
Stat. 537), authorized the use of $750,000 for this purpose during 
fiscal year 1978.
    The authorization level of $1,500,000 for the fiscal year 1986 and 
for each fiscal year thereafter was added by sec. 202 of Public Law 99-
440 (100 Stat. 1095).
    Paragraph designation ``(1)'' and a new par. (2) were added to 
subsec. (e) by sec. 1002(a)(3) of the Department of State Authorization 
Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1052). 
Par. (2) subsequently was repealed by sec. 4(a)(3)(B) of the South 
African Democratic Transition Support Act of 1993 (Public Law 103-149; 
107 Stat. 1505), and the designation for par. (1) was struck out.
    Par. (2) of subsec. (e) had stated a priority, with supporting 
guidelines and conditions, for giving grants to ``nongovernmental 
organizations in South Africa promoting political, economic, social, 
juridical, and humanitarian efforts to foster a just society and to 
help victims of apartheid.''.
    Section 4(a)(3)(B) of the South African Democratic Transition 
Support Act of 1993 (Public Law 103-149; 107 Stat. 1505) also repealed 
subsec. (f) and (g) of sec. 116, which had been added by sec. 202(b) of 
Public Law 99-440 (100 Stat. 1095).
    Subsec. (f) directed not less than $500,000 under section (e)(2)(A) 
to be used ``for direct legal and other assistance to political 
detainees and prisoners and their families, including the investigation 
of the killing of protesters and prisoners, and for support for actions 
of black-led community organizations to resist, through nonviolent 
means, the enforcement of apartheid policies...''.
    Subsec. (g) directed $175,000 each fiscal year to ``be used for 
direct assistance to families of victims of violence such as 
`necklacing' and other such inhumane acts'', and another $175,000 to 
``be made available to black groups in South Africa which are actively 
working toward a multi-racial solution to the sharing of political 
power in that country through nonviolent, constructive means.''.
    \69\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by inserting ``, chapter 10 of this part,'' here, and text at 
the end of the first sentence beginning at ``or under chapter 10''.
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    Sec. 117.\70\ Assistance for Disadvantaged South 
Africans.--* * * [Repealed--1993]

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    \70\ Formerly at 22 U.S.C. 2151o. Sec. 117 was repealed by sec. 
4(a)(3)(B) of the South African Democratic Transition Support Act of 
1993 (Public Law 103-149; 107 Stat. 1505). It had been added originally 
by sec. 201(b) of Public Law 99-440 (100 Stat. 1094). Sec. 117 provided 
assistance for disadvantaged South Africans through South African 
nongovernmental organizations, such as the Educational Opportunities 
Council, the South African Institute of Race Relations, READ, 
professional teachers' unions, the Outreach Program of the University 
of the Western Cape, the Funda Center in Soweto, SACHED, UPP Trust, 
TOPS, the Wilgespruit Fellowship Center (WFC), and civic and other 
organizations working at the community level which did not receive 
funds from the Government of South Africa.
    A previous version of sec. 117, ``Infant Nutrition'', was repealed 
in 1978.
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    Sec. 117.\71\ Environment and Natural Resources.--(a) The 
Congress finds that if current trends in the degradation of 
natural resources in developing countries continue, they will 
severely undermine the best efforts to meet basic human needs, 
to achieve sustained economic growth, and to prevent 
international tension and conflict. The Congress also finds 
that the world faces enormous, urgent, and complex problems, 
with respect to natural resources, which require new forms of 
cooperation between the United States and developing countries 
to prevent such problems from becoming unmanageable. It is, 
therefore, in the economic and security interests of the United 
States to provide leadership both in thoroughly reassessing 
policies relating to natural resources and the environment, and 
in cooperating extensively with developing countries in order 
to achieve environmentally sound development.

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    \71\ 22 U.S.C. 2151p. Sec. 117 was redesignated from being sec. 118 
by sec. 301(1) of Public Law 99-529, resulting in the creation of two 
sections 117. Sec. 301(2) of Public Law 99-529 (100 Stat. 3014) further 
deleted subsec. (d) of that section, which dealt with tropical forests, 
and then sec. 301(3) of Public Law 99-529 added a new section 118 
entitled ``Tropical Forests''. This section, as added by sec. 113 of 
Public Law 95-88 (91 Stat. 537) and amended by sec. 110 of Public Law 
95-424 (92 Stat. 948) and sec. 122 of Public Law 96-53 (93 Stat. 948), 
was further amended and restated by sec. 307 of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1533). This section previously read as follows:
    ``Sec. 118. Environment and Natural Resources.--(a) The President 
is authorized to furnish assistance under this part for developing and 
strengthening the capacity of less developed countries to protect and 
manage their environment and natural resources. Special efforts shall 
be made to maintain and where possible restore the land, vegetation, 
water, wildlife and other resources upon which depend economic growth 
and human well-being especially that of the poor.
    ``(b) In carrying out programs under this chapter, the President 
shall take into consideration the environmental consequence of 
development actions.''.
    See also sec. 534 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1228), as amended, relating to ``Global Warming Initiative''.
    See also sec. 533 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2013), as amended, relating to ``Environment and Global 
Warming''.
    See also sec. 532 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 
Stat. 1666), relating to ``Environment''.
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    (b) In order to address the serious problems described in 
subsection (a), the President is authorized to furnish 
assistance under this part for developing and strengthening the 
capacity of developing countries to protect and manage their 
environment and natural resources. Special efforts shall be 
made to maintain and where possible to restore the land, 
vegetation, water, wildlife, and other resources upon which 
depend economic growth and human well-being, especially of the 
poor.
    (c)(1) The President, in implementing programs and projects 
under this chapter and chapter 10 of this part,\72\ shall take 
fully into account the impact of such programs and projects 
upon the environment and natural resources of developing 
countries. Subject to such procedures as the President 
considers appropriate, the President shall require all agencies 
and officials responsible for programs or projects under this 
chapter--

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    \72\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by inserting ``and chapter 10 of this part'' here.
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          (A) to prepare and take fully into account an 
        environmental impact statement for any program or 
        project under this chapter significantly affecting the 
        environment of the global commons outside the 
        jurisdiction of any country, the environment of the 
        United States, or other aspects of the environment 
        which the President may specify; and
          (B) to prepare and take fully into account an 
        environmental assessment of any proposed program or 
        project under this chapter significantly affecting the 
        environment of any foreign country.
Such agencies and officials should, where appropriate, use 
local technical resources in preparing environmental impact 
statements and environmental assessments pursuant to this 
subsection.
    (2) The President may establish exceptions from the 
requirements of this subsection for emergency conditions and 
for cases in which compliance with those requirements would be 
seriously detrimental to the foreign policy interests of the 
United States.
    Sec. 118.\73\ Tropical Forests.

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    \73\ 22 U.S.C. 2151p-1. Sec. 118 was added by sec. 301(3) of Public 
Law 99-529 (100 Stat. 3014). See also footnote 71.
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    (a) Importance of Forests and Tree Cover.--In enacting 
section 103(b)(3) of this Act the Congress recognized the 
importance of forests and tree cover to the developing 
countries. The Congress is particularly concerned about the 
continuing and accelerating alteration, destruction, and loss 
of tropical forests in developing countries, which pose a 
serious threat to development and the environment. Tropical 
forest destruction and loss--
          (1) result in shortages of wood, especially wood for 
        fuel; loss of biologically productive wetlands; 
        siltation of lakes, reservoirs, and irrigation systems; 
        floods; destruction of indigenous peoples; extinction 
        of plant and animal species; reduced capacity for food 
        production; and loss of genetic resources; and
          (2) can result in desertification and destabilization 
        of the earth's climate.
Properly managed tropical forests provide a sustained flow of 
resources essential to the economic growth of developing 
countries, as well as genetic resources of value to developed 
and developing countries alike.
    (b) Priorities.--The concerns expressed in subsection (a) 
and the recommendations of the United States Interagency Task 
Force on Tropical Forests shall be given high priority by the 
President--
          (1) in formulating and carrying out programs and 
        policies with respect to developing countries, 
        including those relating to bilateral and multilateral 
        assistance and those relating to private sector 
        activities; and
          (2) in seeking opportunities to coordinate public and 
        private development and investment activities which 
        affect forests in developing countries.
    (c) Assistance to Developing Countries.--In providing 
assistance to developing countries, the President shall do the 
following:
          (1) Place a high priority on conservation and 
        sustainable management of tropical forests.
          (2) To the fullest extent feasible, engage in 
        dialogues and exchanges of information with recipient 
        countries--
                  (A) which stress the importance of conserving 
                and sustainably managing forest resources for 
                the long-term economic benefit of those 
                countries, as well as the irreversible losses 
                associated with forest destruction, and
                  (B) which identify and focus on policies of 
                those countries which directly or indirectly 
                contribute to deforestation.
          (3) To the fullest extent feasible, support projects 
        and activities--
                  (A) which offer employment and income 
                alternatives to those who otherwise would cause 
                destruction and loss of forests, and
                  (B) which help developing countries identify 
                and implement alternatives to colonizing 
                forested areas.
          (4) To the fullest extent feasible, support training 
        programs, educational efforts, and the establishment or 
        strengthening of institutions which increase the 
        capacity of developing countries to formulate forest 
        policies, engage in relevant land-use planning, and 
        otherwise improve the management of their forests.
          (5) To the fullest extent feasible, help end 
        destructive slash-and-burn agriculture by supporting 
        stable and productive farming practices in areas 
        already cleared or degraded and on lands which 
        inevitably will be settled, with special emphasis on 
        demonstrating the feasibility of agroforestry and other 
        techniques which use technologies and methods suited to 
        the local environment and traditional agricultural 
        techniques and feature close consultation with and 
        involvement of local people.
          (6) To the fullest extent feasible, help conserve 
        forests which have not yet been degraded, by helping to 
        increase production on lands already cleared or 
        degraded through support of reforestation, fuelwood, 
        and other sustainable forestry projects and practices, 
        making sure that local people are involved at all 
        stages of project design and implementation.
          (7) To the fullest extent feasible, support projects 
        and other activities to conserve forested watersheds 
        and rehabilitate those which have been deforested, 
        making sure that local people are involved at all 
        stages of project design and implementation.
          (8) To the fullest extent feasible, support training, 
        research, and other actions which lead to sustainable 
        and more environmentally sound practices for timber 
        harvesting, removal, and processing, including 
        reforestation, soil conservation, and other activities 
        to rehabilitate degraded forest lands.
          (9) To the fullest extent feasible, support research 
        to expand knowledge of tropical forests and identify 
        alternatives which will prevent forest destruction, 
        loss, or degradation, including research in 
        agroforestry, sustainable management of natural 
        forests, small-scale farms and gardens, small-scale 
        animal husbandry, wider application of adopted 
        traditional practices, and suitable crops and crop 
        combinations.
          (10) To the fullest extent feasible, conserve 
        biological diversity in forest areas by--
                  (A) supporting and cooperating with United 
                States Government agencies, other donors (both 
                bilateral and multilateral), and other 
                appropriate governmental, intergovernmental, 
                and nongovernmental organizations in efforts to 
                identify, establish, and maintain a 
                representative network of protected tropical 
                forest ecosystems on a worldwide basis;
                  (B) whenever appropriate, making the 
                establishment of protected areas a condition of 
                support for activities involving forest 
                clearance of degradation; and
                  (C) helping developing countries identify 
                tropical forest ecosystems and species in need 
                of protection and establish and maintain 
                appropriate protected areas.
          (11) To the fullest extent feasible, engage in 
        efforts to increase the awareness of United States 
        Government agencies and other donors, both bilateral 
        and multilateral, of the immediate and long-term value 
        of tropical forests.
          (12) To the fullest extent feasible, utilize the 
        resources and abilities of all relevant United States 
        Government agencies.
          (13) Require that any program or project under this 
        chapter significantly affecting tropical forests 
        (including projects involving the planting of exotic 
        plant species)--
                  (A) be based upon careful analysis of the 
                alternatives available to achieve the best 
                sustainable use of the land, and
                  (B) take full account of the environmental 
                impacts of the proposed activities on 
                biological diversity,
        as provided for in the environmental procedures of the 
        Agency for International Development.
          (14) Deny assistance under this chapter for--
                  (A) the procurement or use of logging 
                equipment, unless an environmental assessment 
                indicates that all timber harvesting operations 
                involved will be conducted in an 
                environmentally sound manner which minimizes 
                forest destruction and that the proposed 
                activity will produce positive economic 
                benefits and sustainable forest management 
                systems; and
                  (B) actions which significantly degrade 
                national parks or similar protected areas which 
                contain tropical forests or introduce exotic 
                plants or animals into such areas.
          (15) Deny assistance under this chapter for the 
        following activities unless an environmental assessment 
        indicates that the proposed activity will contribute 
        significantly and directly to improving the livelihood 
        of the rural poor and will be conducted in an 
        environmentally sound manner which supports sustainable 
        development:
                  (A) Activities which would result in the 
                conversion of forest lands to the rearing of 
                livestock.
                  (B) The construction, upgrading, or 
                maintenance of roads (including temporary haul 
                roads for logging or other extractive 
                industries) which pass through relatively 
                undegraded forest lands.
                  (C) The colonization of forest lands.
                  (D) The construction of dams or other water 
                control structures which flood relatively 
                undegraded forest lands.
    (d) PVOs and Other Nongovernmental Organizations.--Whenever 
feasible, the President shall accomplish the objectives of this 
section through projects managed by private and voluntary 
organizations or international, regional, or national 
nongovernmental organizations which are active in the region or 
country where the project is located.
    (e) Country Analysis Requirements.--Each country 
development strategy statement or other country plan prepared 
by the Agency for International Development shall include an 
analysis of--
          (1) the actions necessary in that country to achieve 
        conservation and sustainable management of tropical 
        forests, and
          (2) the extent to which the actions proposed for 
        support by the Agency meet the needs thus identified.
    (f) Annual Report.--Each annual report required by section 
634(a) of this Act shall include a report on the implementation 
of this section.
    Sec. 119.\74\ Renewable and Unconventional Energy 
Technologies. * * * [Repealed--1980]

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    \74\ Sec. 119, as added by Public Law 95-88 (91 Stat. 528), amended 
by sec. 111 of the International Development and Food Assistance Act of 
1978 (92 Stat. 948), and by sec. 107 of the International Development 
Cooperation Act of 1979 (93 Stat. 362), was repealed by sec. 304(g) of 
the International Security and Development Cooperation Act of 1980 
(Public Law 96-533; 94 Stat. 3147). See sec. 106 of this Act for text 
concerning energy technologies.
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    Sec. 119.\75\ Endangered Species.--(a) The Congress finds 
the survival of many animal and plant species is endangered by 
overhunting, by the presence of toxic chemicals in water, air 
and soil, and by the destruction of habitats. The Congress 
further finds that the extinction of animal and plant species 
is an irreparable loss with potentially serious environmental 
and economic consequences for developing and developed 
countries alike. Accordingly, the preservation of animal and 
plant species through the regulation of the hunting and trade 
in endangered species, through limitations on the pollution of 
natural ecosystems, and through the protection of wildlife 
habitats should be an important objective of the United States 
development assistance.

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    \75\ 22 U.S.C. 2151q. Sec. 119, pars. (a) and (b) were added by 
sec. 702 of the International Environment Protection Act of 1983 (title 
VII of the Department of State Authorization Act, Fiscal Years 1984 and 
1985, Public Law 98-164; 97 Stat. 1045).
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    (b) \75\ In order to preserve biological diversity, the 
President is authorized to furnish assistance under this part, 
notwithstanding section 660,\76\ to assist countries in 
protecting and maintaining wildlife habitats and in developing 
sound wildlife management and plant conservation programs. 
Special efforts should be made to establish and maintain 
wildlife sanctuaries, reserves, and parks; to enact and enforce 
anti-poaching measures; and to identify, study, and catalog 
animal and plant species, especially in tropical environments.

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    \76\ Section 533(d)(4)(A) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1990 (Public Law 
101-167; 103 Stat. 1227), added ``notwithstanding section 660'' at this 
point.
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    (c) \77\ Funding Level.--For fiscal year 1987, not less 
than $2,500,000 of the funds available to carry out this part 
(excluding funds made available to carry out section 104(c)(2), 
relating to the Child Survival Fund) shall be allocated for 
assistance pursuant to subsection (b) for activities which were 
not funded prior to fiscal year 1987. In addition, the Agency 
for International Development shall, to the fullest extent 
possible, continue and increase assistance pursuant to 
subsection (b) for activities for which assistance was provided 
in fiscal years prior to fiscal year 1987.

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    \77\ Pars. (c) through (h) were added by sec. 302 of Public Law 99-
529 (100 Stat. 3017).
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    (d) \77\ Country Analysis Requirements.--Each country 
development strategy statement or other country plan prepared 
by the Agency for International Development shall include an 
analysis of--
          (1) the actions necessary in that country to conserve 
        biological diversity, and
          (2) the extent to which the actions proposed for 
        support by the Agency meet the needs thus identified.
    (e) \77\ Local Involvement.--To the fullest extent 
possible, projects supported under this section shall include 
close consultation with and involvement of local people at all 
stages of design and implementation.
    (f) \77\ PVOs and Other Nongovernmental Organizations.--
Whenever feasible, the objectives of this section shall be 
accomplished through projects managed by appropriate private 
and voluntary organizations, or international, regional, or 
national nongovernmental organizations, which are active in the 
region or country where the project is located.
    (g) \77\ Actions by AID.--The Administrator of the Agency 
for International Development shall--
          (1) cooperate with appropriate international 
        organizations, both governmental and nongovernmental;
          (2) look to the World Conservation Strategy as an 
        overall guide for actions to conserve biological 
        diversity;
          (3) engage in dialogues and exchanges of information 
        with recipient countries which stress the importance of 
        conserving biological diversity for the long-term 
        economic benefit of those countries and which identify 
        and focus on policies of those countries which directly 
        or indirectly contribute to loss of biological 
        diversity;
          (4) support training and education efforts which 
        improve the capacity of recipient countries to prevent 
        loss of biological diversity;
          (5) whenever possible, enter into long-term 
        agreements in which the recipient country agrees to 
        protect ecosystems or other wildlife habitats 
        recommended for protection by relevant governmental or 
        nongovernmental organizations or as a result of 
        activities undertaken pursuant to paragraph (6), and 
        the United States agrees to provide, subject to 
        obtaining the necessary appropriations, additional 
        assistance necessary for the establishment and 
        maintenance of such protected areas;
          (6) support, as necessary and in cooperation with the 
        appropriate governmental and nongovernmental 
        organizations, efforts to identify and survey 
        ecosystems in recipient countries worthy of protection;
          (7) cooperate with and support the relevant efforts 
        of other agencies of the United States Government, 
        including the United States Fish and Wildlife Service, 
        the National Park Service, the Forest Service, and the 
        Peace Corps;
          (8) review the Agency's environmental regulations and 
        revise them as necessary to ensure that ongoing and 
        proposed actions by the Agency do not inadvertently 
        endanger wildlife species or their critical habitats, 
        harm protected areas, or have other adverse impacts on 
        biological diversity (and shall report to the Congress 
        within a year after the date of enactment of this 
        paragraph on the actions taken pursuant to this 
        paragraph);
          (9) ensure that environmental profiles sponsored by 
        the Agency include information needed for conservation 
        of biological diversity; and
          (10) deny any direct or indirect assistance under 
        this chapter for actions which significantly degrade 
        national parks or similar protected areas or introduce 
        exotic plants or animals into such areas.
    (h) \77\ Annual Reports.--Each annual report required by 
section 634(a) of this Act shall include, in a separate volume, 
a report on the implementation of this section.
    Sec. 120.\78\ Sahel Development Program--Planning.--(a) The 
Congress reaffirms its support of \79\ the initiative of the 
United States Government in undertaking consultations and 
planning with the countries concerned, and with other nations 
providing assistance, with the United Nations, and with other 
concerned international and regional organizations, toward the 
development and support of a comprehensive long-term African 
Sahel development program.

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    \78\ 22 U.S.C. 2151r. Sec. 120, originally added as sec. 639B of 
this Act by sec. 20 of the FA Act of 1973 and later redesignated as 
sec. 494B by sec. 101(5) of Public Law 94-161 (89 Stat. 849), was again 
redesignated as sec. 120 by sec. 115(1) of the International 
Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 
539).
    The title caption ``Sahel Development Program--Planning'' was 
inserted in lieu of ``African Development Program'' by sec. 115(2) of 
the International Development and Food Assistance Act of 1977 (Public 
Law 95-88; 91 Stat. 539).
    \79\ The words in the first sentence of subsec. (a), ``reaffirms 
its support of'', were substituted in lieu of ``supports'' by sec. 
101(7)(C) of Public Law 94-161 (89 Stat. 849).
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    (b) \80\ The President is authorized to develop a long-term 
comprehensive development program for the Sahel and other 
drought-stricken nations in Africa.

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    \80\ Subsecs. (b), (c), and (d) were added by sec. 101(7)(D) of 
Public Law 94-161 (89 Stat. 849). Subsec. (d) was subsequently repealed 
by sec. 502(d)(1) of the International Development and Food Assistance 
Act of 1978 (Public Law 95-424; 92 Stat. 959).
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    (c) \80\ In developing this long-term program, the 
President shall--
          (1) consider international coordination for the 
        planning and implementation of such program;
          (2) seek greater participation and support by African 
        countries and organizations in determining development 
        priorities; and
          (3) begin such planning immediately.
    (d) \80\ * * * [Repealed--1978]
    Sec. 121.\81\ Sahel Development Program--Implementation. * 
* * [Repealed--1990]

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    \81\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by repealing sec. 121. Sec. 121, as added by sec. 115(3) of 
the International Development and Food Assistance Act of 1977 (Public 
Law 95-88; 91 Stat. 53), and amended by sec. 108 of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 363), 
sec. 809 of the International Security and Development Cooperation Act 
of 1985 (Public Law 99-83; 99 Stat. 263), International Security and 
Development Assistance Authorization Act of 1983 (sec. 101(b)(2) of the 
Further Continuing Appropriations, 1984, Public Law 98-151; 97 Stat. 
969), sec. 308 of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535), and sec. 
306 of Public Law 96-533 (94 Stat. 363), formerly read as follows:
    ``Sec. 121. Sahel Development Program--Implementation.--(a) The 
President is authorized to furnish assistance, on such terms and 
conditions as he may determine, for the long-term development of the 
Sahelian region. Assistance furnished under this section shall be in 
accordance with a long-term, multidonor development plan which calls 
for equitable burden sharing with other donors and shall be furnished, 
whenever appropriate, in cooperation with an international coordinating 
mechanism.
    ``(b) The President shall prepare an annual report on the Sahel 
Development Program concerning the allocation of the United States 
contribution to the Program, the extent of the contributions from other 
donor countries, the effectiveness of the integrated effort through the 
Club des Amis du Sahel, and the progress made in achieving the 
objectives of the program.
    ``(c) There are authorized to be appropriated to the President for 
purposes of this section beginning in the fiscal year 1978, in addition 
to funds otherwise available for such purposes, $200,000,000, except 
that not to exceed $50,000,000, may be appropriated under this section 
for the fiscal year 1978. In addition to the amount authorized in the 
preceding sentence and to funds otherwise available for such purposes, 
there are authorized to be appropriated to the President for purposes 
of this section $25,000,000. In addition to the amounts authorized in 
the preceding sentences and to funds otherwise available for such 
purposes, there are authorized to be appropriated to the President for 
purposes of this section $86,558,000 for the fiscal year 1986 and 
$87,750,000 for the fiscal year 1987. Amounts appropriated under this 
section are authorized to remain available until expended.
    ``(d) Funds available to carry out this section (including foreign 
currencies acquired with funds appropriated to carry out this section) 
may not be made available to any foreign government for disbursement 
unless the Administrator of the Agency for International Development 
determines that the foreign government will maintain a system of 
accounts with respect to those funds which will provide adequate 
identification of and control over the receipt and expenditure of those 
funds.
    ``(e) Grants shall be made under this section to Sahel Development 
Program host governments in order to help them enhance their 
administrative capabilities to meet the administrative requirements 
resulting from donor country projects and activities.''.
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    Sec. 122.\82\ General Authorities.--(a) In order to carry 
out the purposes of this chapter, the President is authorized 
to furnish assistance, on such terms and conditions as he may 
determine, to countries and areas through programs of grant and 
loan assistance, bilaterally or through regional, multilateral, 
or private entities.

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    \82\ 22 U.S.C. 2151t. Subsec. (a) of sec. 122 was added by sec. 
102(a) of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 940). Sec. 102(b) of that same Act 
substantially amended subsecs. (b), (c), and (d) of sec. 201 of this 
Act, consolidating them into one subsec. (b), and then moving it to 
become subsec. (b) of sec. 122.
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    (b) \82\ The President is authorized to make loans payable 
as to principal and interest in United States dollars on such 
terms and conditions as he may determine, in order to promote 
the economic development of countries and areas, with emphasis 
upon assisting long range plans and programs designed to 
develop economic resources and increase productive capacities. 
The President shall determine the interest payable on any loan. 
In making loans under this chapter, the President shall 
consider the economic circumstances of the borrower and other 
relevant factors, including the capacity of the recipient 
country to repay the loan at a reasonable rate of interest, 
except that loans may not be made at a rate of interest of less 
than 3 per centum per annum commencing not later than ten years 
following the date on which the funds are initially made 
available under the loan, during which ten-year period the rate 
of interest shall not be lower than 2 per centum per annum, nor 
higher than the applicable legal rate of interest of the 
country in which the loan is made.
    (c) \83\ Dollar receipts paid during any fiscal year from 
loans made under this part or from loans made under predecessor 
foreign assistance legislation shall be deposited in the 
Treasury as miscellaneous receipts.

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    \83\ Subsecs. (c) and (d) were added by sec. 102(c)(1) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 941).
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    (d) \83\ Not to exceed $10,000,000 of the funds made 
available each fiscal year for the purposes of this chapter may 
be used for assistance on such terms and conditions as the 
President may determine, to research and educational 
institutions in the United States for the purpose of 
strengthening their capacity to develop and carry out programs 
concerned with the economic and social development of 
developing countries.
    (e) \84\ The President shall establish an interagency 
Development Loan Committee, consisting of such officers from 
such agencies of the United States Government as he may 
determine, which shall, under the direction of the President, 
establish standards and criteria for lending operations under 
this chapter in accordance with the foreign and financial 
policies of the United States. Except in the case of officers 
serving in positions to which they were appointed by the 
President by and with the advice and consent of the Senate, 
officers assigned to the Committee shall be so assigned by the 
President by and with the advice and consent of the Senate.

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    \84\ Subsec. (e) formerly appeared in this Act as sec. 204. Such 
sec. 204 was redesignated as subsec. (e) of this section by sec. 102(d) 
of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 941).
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    Sec. 123.\85\ Private and Voluntary Organizations and 
Cooperatives in Overseas Development.--(a) The Congress finds 
that the participation of rural and urban poor people in their 
countries' development can be assisted and accelerated in an 
effective manner through an increase in activities planned and 
carried out by private and voluntary organizations and 
cooperatives. Such organizations and cooperatives, embodying 
the American spirit of self-help and assistance to others to 
improve their lives and incomes, constitute an important means 
of mobilizing private American financial and human resources to 
benefit poor people in developing countries. The Congress 
declares that it is in the interest of the United States that 
such organizations and cooperatives expand their overseas 
development efforts without compromising their private and 
independent nature. The Congress further declares that the 
financial resources of such organizations and cooperatives 
should be supplemented by the contribution of public funds for 
the purpose of undertaking development activities in accordance 
with the principles set forth in section 102 and, if necessary 
and determined on a case- by-case basis, for the purpose of 
sharing the cost of developing programs related to such 
activities.\86\ The Congress urges the Administrator of the 
agency primarily responsible for administering this part, in 
implementing programs authorized under this part, to draw on 
the resources of private and voluntary organizations and 
cooperatives to plan and carry out development activities and 
to establish simplified procedures for the development and 
approval of programs to be carried out by such private and 
voluntary organizations and cooperatives as have demonstrated a 
capacity to undertake effective development activities.\87\

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    \85\ 22 U.S.C. 2151u. Sec. 123 was added by sec. 102(e) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 941).
    \86\ The words to this point beginning with ``and, if necessary * * 
*'' were added by sec. 307(1) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147).
    \87\ The words to this point beginning with ``and to establish * * 
*'' were added by sec. 307(2) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147).
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    (b) In order to further the efficient use of United States 
voluntary contributions for development, relief, and 
rehabilitation of friendly peoples, the President is authorized 
to use funds made available for the purposes of this chapter 
and chapter 10 of this part \88\ to pay transportation charges 
on shipments by the American National Red Cross and by United 
States voluntary agencies registered with the Agency for 
International Development.\89\

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    \88\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by inserting ``and chapter 10 of this part'' here.
    \89\ This reference to the Agency for International Development was 
substituted in lieu of a reference to the Advisory Committee on 
Voluntary Foreign Aid by sec. 121 of the International Development 
Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366).
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    (c) Reimbursement under this section may be provided for 
transportation charges on shipments from United States ports, 
or in the case of excess or surplus property supplied by the 
United States from foreign ports, to ports of entry abroad or 
to points of entry abroad in cases (1) of landlocked countries, 
(2) where ports cannot be used effectively because of natural 
or other disturbances, (3) where carriers to a specified 
country are unavailable, or (4) where a substantial savings in 
costs or time can be effected by the utilization of points of 
entry other than ports.
    (d) Where practicable, the President shall make 
arrangements with the receiving country for free entry of such 
shipments and for the making available by the country of local 
currencies for the purpose of defraying the transportation 
costs of such shipments from the port or point of entry of the 
receiving country to the designated shipping point of the 
consignee.
    (e) \90\ Prohibitions on assistance to countries contained 
in this or any other Act shall not be construed to prohibit 
assistance by the agency primarily responsible for 
administering this part in support of programs of private and 
voluntary organizations and cooperatives already being 
supported prior to the date such prohibition becomes 
applicable. The President shall take into consideration, in any 
case in which statutory prohibitions on assistance would be 
applicable but for this subsection, whether continuation of 
support for such programs is in the national interest of the 
United States. If the President continues such support after 
such date, he shall prepare and transmit, not later than one 
year \91\ after such date, to the Speaker of the House of 
Representatives and to the chairman of the Committee on Foreign 
Relations of the Senate a report setting forth the reasons for 
such continuation.

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    \90\ Subsec. (e) was added by sec. 307(3) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3147).
    See a similar authority in the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1998 (Public Law 
105-118; 111 Stat. 3009), in section 542.
    \91\ Sec. 309(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), substituted 
the words ``one year'' in lieu of ``thirty days''.
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    (f) \92\ For each of the fiscal years 1986 through 1989 
\93\ funds in an amount not less than thirteen and one-half 
percent of the aggregate amount appropriated for that fiscal 
year to carry out sections 103(a), 104(b), 104(c), 105, 106, 
121, and 491 of this Act shall be made available for the 
activities of private and voluntary organizations, and the 
President shall seek to channel funds in an amount not less 
than sixteen percent of such aggregate amount for the 
activities of private and voluntary organizations. Funds made 
available under chapter 4 of part II of this Act for the 
activities of private and voluntary organizations may be 
considered in determining compliance with the requirements of 
this subsection.\93\

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    \92\ Subsecs. (f) and (g) were added by sec. 309 of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1535).
    \93\ Sec. 309(b) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), amended sec. 
123(f) by striking out ``1982, 1983 and 1984'' and substituting ``1986 
through 1989''; by striking out ``twelve'' and by inserting in lieu 
thereof ``thirteen and one half'', and by adding the current last 
sentence.
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    (g) \92\, \94\ After December 31, 1984, funds 
made available to carry out section 103(a), 104(b), 104(c), 
105, 106, 491, or 496 \95\ of this Act may not be made 
available for programs of any United States private and 
voluntary organization which does not obtain at least 20 
percent of its total annual financial support for its 
international activities from sources other than the United 
States Government, except that this restriction does not apply 
with respect to programs which, as of that date, are receiving 
financial support from the agency primarily responsible for 
administering this part. The Administrator of the agency 
primarily responsible for administering this part may, on a 
case-by-case basis, waive the restriction established by this 
subsection, after taking into account the effectiveness of the 
overseas development activities of the organization, its level 
of volunteer support, its financial viability and stability, 
and the degree of its dependence for its financial support on 
the agency primarily responsible for administering this part.

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    \94\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2390; 22 U.S.C. 2151u note), provided the following:

                  ``private and voluntary organizations

   ``None of the funds appropriated or otherwise made available by 
this Act for development assistance may be made available to any United 
States private and voluntary organization, except any cooperative 
development organization, which obtains less than 20 percent of its 
total annual funding for international activities from sources other 
than the United States Government: Provided, That the requirements of 
the provisions of section 123(g) of the Foreign Assistance Act of 1961 
and the provisions on private and voluntary organizations in title II 
of the Foreign Assistance and Related Programs Appropriations Act, 1985 
(as enacted in Public Law 98-473) shall be superseded by the provisions 
of this section, except that the authority contained in the last 
sentence of section 123(g) may be exercised by the Administrator with 
regard to the requirements of this paragraph.
    ``Funds appropriated or otherwise made available under title II of 
this Act should be made available to private and voluntary 
organizations at a level which is at least equivalent to the level 
provided in fiscal year 1995. Such private and voluntary organizations 
shall include those which operate on a not-for-profit basis, receive 
contributions from private sources, receive voluntary support from the 
public and are deemed to be among the most cost-effective and 
successful providers of development assistance.''.
    \95\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by striking out ``121, or 491'' and inserting in lieu thereof 
``491, or 496'' here.
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    (h) \96\ The Congress recognizes that, in addition to their 
role in social and economic development, cooperatives provide 
an opportunity for people to participate directly in democratic 
decisionmaking. Therefore, assistance under this chapter shall 
be provided to rural and urban cooperatives which offer large 
numbers of low- and middle-income people in developing 
countries an opportunity to participate directly in democratic 
decisionmaking. Such assistance shall be designed to encourage 
the adoption of self-help, private sector cooperative 
techniques and practices which have been successful in the 
United States.

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    \96\ Subsec. (h) was added by sec. 310 of Public Law 99-83 (99 
Stat. 190).
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    Sec. 124.\97\ Relatively Least Developed Countries.--(a) 
Relatively least developed countries (as determined on the 
basis of criteria comparable to those used for the United 
Nations General Assembly list of ``least developed countries'') 
are characterized by extreme poverty, very limited 
infrastructure, and limited administrative capacity to 
implement basic human needs growth strategies. In such 
countries special measures may be necessary to insure the full 
effectiveness of assistance furnished under this part.

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    \97\ 22 U.S.C. 2151v. Sec. 124 was added by sec. 112(a)(1) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 948).
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    (b) For the purpose of promoting economic growth in these 
countries, the President is authorized and encouraged to make 
assistance under this chapter available on a grant basis to the 
maximum extent that is consistent with the attainment of United 
States development objectives.
    (c) \98\ (1) The Congress recognizes that the relatively 
least developed countries have virtually no access to private 
international capital markets. Insofar as possible, prior 
assistance terms should be consistent with present grant 
assistance terms for relatively least developed countries. 
Therefore, notwithstanding section 620(r) of this Act and 
section 321 of the International Development and Food 
Assistance Act of 1975 but subject to paragraph (2) of this 
subsection, the President on a case-by-case basis, taking into 
account the needs of the country for financial resources and 
the commitment of the country to the development objectives set 
forth in sections 101 and 102--

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    \98\ Sec. 112(a)(2) of the International Development and Food 
Assistance Act of 1978 (92 Stat. 949) stated that the authority granted 
by subsec. (c) shall not become effective until October 1, 1979.
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          (A) may permit a relatively least developed country 
        to place amounts, which would otherwise be paid to the 
        United States as payments on principal or interest on 
        liability incurred by that country under this part (or 
        any predecessor legislation) into local currency 
        accounts (in equivalent amounts of local currencies as 
        determined by the official exchange rate for United 
        States dollars) for use by the relatively least 
        developed country, with the concurrence of the 
        Administrator of the agency primarily responsible for 
        administering this part, for activities which are 
        consistent with section 102; and
          (B) may waive interest payments on liability incurred 
        by a relatively least developed country under this part 
        (or any predecessor legislation) if the President 
        determines that that country would be unable to use for 
        development purposes the equivalent amounts of local 
        currencies which could be made available under 
        subparagraph (A).
    (2) The aggregate amount of interest waived and interest 
and principal paid into local currency accounts under this 
subsection in any fiscal year may not exceed the amount 
approved for such purpose in an Act appropriating funds to 
carry out this chapter for that fiscal year, which amount may 
not exceed the amount authorized to be so approved by the 
annual authorizing legislation for development assistance 
programs. Amounts due and payable during fiscal year 1981 to 
the United States from relatively least developed countries on 
loans made under this part (or any predecessor legislation) are 
authorized to be approved for use, in accordance with the 
provisions of paragraph (1) of this subsection, in an amount 
not to exceed $10,845,000.\99\

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    \99\ This sentence was added by sec. 109 of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 363). 
The authorization figure for fiscal year 1981 was substituted in lieu 
of the fiscal year 1980 authorization ($18,800,000) by sec. 308 of the 
International Security and Development Cooperation Act of 1980 (Public 
Law 96-533; 94 Stat. 3147).
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    (3) In exercising the authority granted by this subsection, 
the President should act in concert with other creditor 
countries.
    (d) The President may on a case-by-case basis waive the 
requirement of section 110(a) for financial or ``in kind'' 
contributions in the case of programs, projects, or activities 
in relatively least developed countries.
    (e) Section 110(b) shall not apply with respect to grants 
to relatively least developed countries.
    Sec. 125.\100\ Project and Program Evaluation.--(a) The 
Administrator of the agency primarily responsible for 
administering this part is directed to improve the assessment 
and evaluation of the programs and projects carried out by that 
agency under this chapter. The Administrator shall consult with 
the appropriate committees of the Congress in establishing 
standards for such evaluations.

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    \100\ 22 U.S.C. 2151w. Sec. 125 was added by sec. 113 of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 950). The responsibility of the Administrator 
mentioned in this section was transferred to the Director of IDCA, 
pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 (establishing 
IDCA).
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    (b) \101\ * * * [Repealed--1981]

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    \101\ Subsec. (b), which required the President to report to 
Congress on improvements to the evaluation of projects and programs 
conducted by the international financial institutions and the United 
Nations Development Program, was repealed by sec. 734(a)(1) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1560). Such report was submitted on March 26, 
1979.
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    Sec. 126.\102\ Development and Illicit Narcotics 
Production.--(a) The Congress recognizes that illicit narcotics 
cultivation is related to overall development problems and that 
the vast majority of all individuals employed in the 
cultivation of illicit narcotics reside in the developing 
countries and are among the poorest of the poor in those 
countries and that therefore the ultimate success of any effort 
to eliminate illicit narcotics production depends upon the 
availability of alternative economic opportunities for those 
individuals, upon other factors which assistance under this 
chapter could address, as well as upon direct narcotics control 
efforts.

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    \102\ 22 U.S.C. 2151x. Sec. 126 was added by sec. 110 of the 
International Development Cooperation Act of 1979 (Public Law 96-53; 93 
Stat. 363).
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    (b)(1) \103\ In planning programs of assistance under this 
chapter, and chapter 10 of this part,\103\ and under chapter 4 
of part II \103\ for countries in which there is illicit 
narcotics cultivation, the agency primarily responsible for 
administering this part should give priority consideration to 
programs which would help reduce illicit narcotics cultivation 
by stimulating broader development opportunities.

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    \103\ Sec. 603 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), amended 
subsec. (b) by inserting the words: ``and under chapter 4 of Part II'' 
and by inserting the paragraph designation ``(1)'', and by adding a new 
paragraph (2).
    Sec. 562 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2026), 
added a new chapter 10 to part I of this Act, providing for long-term 
development in sub-Saharan Africa, and made a conforming amendment by 
inserting ``, and chapter 10 of this part,''.
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    (2) \103\ The agency primarily responsible for 
administering this part may utilize resources for activities 
aimed at increasing awareness of the effects of production and 
trafficking of illicit narcotics on source and transit 
countries.
    (c) In furtherance of the purposes of this section, the 
agency primarily responsible for administering this part shall 
cooperate fully with, and share its expertise in development 
matters with, other agencies of the United States Government 
involved in narcotics control activities abroad.
    Sec. 127.\104\ Accelerated Loan Repayments.--The 
Administrator of the agency primarily responsible for 
administering this part shall conduct an annual review of 
bilateral concessional loan balances and shall determine and 
identify those countries whose financial resources make 
possible accelerated loan repayments. In particular, European 
countries that were recipients of concessional loans by 
predecessor agencies to the agency primarily responsible for 
administering this part shall be contacted to negotiate 
accelerated repayments. The criteria used by the Administrator 
in making these determinations shall be established in 
conjunction with the Committee on Foreign Affairs \105\ of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate.

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    \104\ 22 U.S.C. 2151y. Sec. 127 was added by sec. 508(a) of the 
International Development Cooperation Act of 1979 (Public Law 96-53; 93 
Stat. 379). Sec. 508(b) called on the administration to describe the 
efforts made to negotiate accelerated loan repayments in accordance 
with sec. 127 within the annual reports on foreign assistance submitted 
to Congress in 1980 and 1981 pursuant to sec. 634 of this Act.
    \105\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    Sec. 128.\106\ Targeted Assistance.--(a) The President 
shall use poverty measurement standards, such as those 
developed by the International Bank for Reconstruction and 
Development, and other appropriate measurements in determining 
target populations for United States development assistance, 
and shall strengthen United States efforts to assure that a 
substantial percentage of development assistance under this 
chapter directly improves the lives of the poor majority, with 
special emphasis on those individuals living in absolute 
poverty.

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    \106\ 22 U.S.C. 2151z. Sec. 128 was added by sec. 101(b)(2) of 
Public Law 97-377 (96 Stat. 1832). Sec. 121(b)(2) of such Act also 
required a report to Congress within six months from the Administrator 
of AID on the implementation of this provision, the types of projects 
determined to meet these requirements, and the effect on the overall 
U.S. foreign assistance program.
    Sec. 312(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) amended sec. 
128 by replacing its previous text into new paragraphs ``(a)'' and 
``(b).'' Previously sec. 128 read as follows:
    ``Sec. 128. Targeting Assistance for Those Living in Absolute 
Poverty.--In carrying out this chapter, the President in fiscal year 
1983, shall attempt to use not less than 40 per centum of the funds 
made available to carry out this chapter to finance productive 
facilities, goods, and services which will expeditiously and directly 
benefit those living in absolute poverty (as determined under the 
standards for absolute poverty adopted by the International Bank for 
Reconstruction and Development and the International Development 
Association). Such facilities, goods, and services may include, for 
example, irrigation facilities, extension services, credit for small 
farmers, roads, safe drinking water supplies, and health services. Such 
facilities, goods, and services may not include studies, reports, 
technical advice, consulting services, or any other items unless (A) 
they are used primarily by those living in absolute poverty themselves, 
or (B) they constitute research which produces or aims to produce 
techniques, seeds, or other items to be primarily used by those living 
in absolute poverty. Research shall not constitute the major part of 
such facilities, goods, and services.''.
    Sec. 312(b) of Public Law 99-83 (99 Stat. 190), amended sec. 
634(a)(1) of this Act, requiring annual reports to Congress to include 
an evaluation of the extent to which programs under chapter 1 part I 
directly benefit the poor majority.
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    (b) To the maximum extent possible, activities under this 
chapter that attempt to increase the institutional capabilities 
of private organizations or governments, or that attempt to 
stimulate scientific and technological research, shall be 
designed and monitored to ensure that the ultimate 
beneficiaries of these activities are the poor majority.

                    Chapter 2--Other Programs \107\

    Sec. 201.\108\ General Authority.--* * * [Repealed--1978]

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    \107\ The chapter heading ``Other Programs'' was inserted in lieu 
of ``Development Assistance'' by sec. 102(g)(1)(B) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 942).
    \108\ Secs. 201, 202, 203, 204, 207, and 208 were repealed by sec. 
102(g)(1)(A) of the International Development and Food Assistance Act 
of 1978 (Public Law 95-424; 92 Stat. 942). The text of sec. 204 was 
subsequently reinserted as subsec. (e) of sec. 122 of this Act.
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    Sec. 202.\108\ Authorization.--* * * [Repealed--1978]
    Sec. 203.\108\ Fiscal Provisions.--* * * [Repealed--1978]
    Sec. 204.\108\ Development Loan Committee.--* * * 
[Repealed--1978]
    Sec. 205.\109\ Relating to Transfers to International 
Financial Institutions.--* * * [Repealed--1972]

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    \109\ Sec. 205 was repealed by sec. 101(d) of the FA Act of 1971 
(Public Law 92-226; 86 Stat. 21).
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     Title I--Multilateral and Regional Development Programs \110\

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    \110\ Sec. 102(g)(1)(C) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) added this new 
title heading.
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    Sec. 206.\111\ Regional Development in Africa.--The 
President is requested to seek and to take appropriate action, 
in cooperation and consultation with African and other 
interested nations and with international development 
organizations, to further and assist in the advancement of 
African regional development institutions, including the 
African Development Bank, with the view toward promoting 
African economic development.

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    \111\ 22 U.S.C. 2166. Sec. 206 was added by sec. 102(b) of the FA 
Act of 1965.
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    Sec. 207.\108\ Purposes of Development Assistance.--* * * 
[Repealed--1978]
    Sec. 208.\108\ Self-Help Criteria.--* * * [Repealed--1978]
    Sec. 209.\112\ Multilateral and Regional Programs.--(a) The 
Congress recognizes that the planning and administration of 
development assistance by, or under the sponsorship of the 
United Nations, multilateral lending institutions, and other 
multilateral organizations may contribute to the efficiency and 
effectiveness of that assistance through participation of other 
donors in the development effort, improved coordination of 
policies and programs, pooling of knowledge, avoidance of 
duplication of facilities and manpower, and greater 
encouragement of self-help performance.

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    \112\ 22 U.S.C. 2169. Sec. 209 was added by sec. 102(e) of the FA 
Act of 1967. Sec. 101(c)(1) of the FA Act of 1971 (Public Law 92-226; 
86 Stat. 21) amended subsection (a), which formerly read as follows:
    ``(a) Multilateral Programs.--The Congress recognizes that planning 
and administration of development assistance by, or under the 
sponsorship of, multilateral lending institutions and other 
international organizations may, in some instances, contribute to the 
efficiency and effectiveness of that assistance through participation 
of other donors in the development effort, improved coordination of 
policies and programs, pooling of knowledge, avoidance of duplication 
of facilities and manpower, and greater encouragement of self-help 
performance.''.
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    (b) \113\ It is further the sense of the Congress (1) that 
where problems or opportunities are common to two or more 
countries in a region, in such fields as agriculture, 
education, transportation, communications, power, watershed 
development, disease control, and establishment of development 
banks, these countries often can more effectively resolve such 
problems and exploit such opportunities by joining together in 
regional organizations or working together on regional 
programs, (2) that assistance often can be utilized more 
efficiently in regional programs than in separate country 
programs, and (3) that to the maximum extent practicable 
consistent with the purposes of this Act assistance under this 
Act should be furnished so as to encourage less developed 
countries to cooperate with each other in regional development 
programs.

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    \113\ The words ``Regional Programs.--,'' which appeared at this 
point, were struck out by sec. 101(c)(3) of the FA Act of 1971 (Public 
Law 92-226; 86 Stat. 21).
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    (c) \114\ It is the sense of the Congress that the 
President should increase, to the extent practicable, the funds 
provided by the United States to multilateral lending 
institutions and multilateral organizations in which the United 
States participates for use by such institutions and 
organizations in making loans to foreign countries.

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    \114\ Subsec. (c), which was added by sec. 101(c)(2) of the FA Act 
of 1971 (Public Law 92-226; 86 Stat. 21), was amended by sec. 311 of 
Public Law 94-161 (89 Stat. 849). It formerly read as follows: 
``Notwithstanding any other provision of law, the President should 
reduce the amounts and numbers of loans made by the United States 
directly to individual foreign countries with the objective of reducing 
the total amount of bilateral loans made under this Act so that, by not 
later than June 30, 1975, such total amount shall not exceed 
$100,000,000.''.
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    (d) \115\ In furtherance of the provisions of subsection 
(a) of this section, any funds appropriated under this part I 
may be transferred by the President to the International 
Development Association, the International Bank for 
Reconstruction and Development, the International Finance 
Corporation, the Asian Development Bank or other multilateral 
lending institutions and multilateral organizations in which 
the United States participates for the purpose of providing 
funds to enable any such institution or organization to make 
loans to foreign countries.

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    \115\ Subsection (d) was added by sec. 101(c)(2) of the FA Act of 
1971.
    Sec. 502 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2406), 
provided:

    ``prohibition of bilateral funding for international financial 
                              institutions

    ``Sec. 502. Notwithstanding section 614 of the Foreign Assistance 
Act of 1961, as amended, none of the funds contained in title II of 
this Act may be used to carry out the provisions of section 209(d) of 
the Foreign Assistance Act of 1961.''.
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    Sec. 211.\116\ General Authority.--* * * [Repealed--1978]

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    \116\ Secs. 211, 212, 215, 216, 217, 218, 220, and 220A were 
repealed by sec. 102(g)(1)(A) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942).
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    Sec. 212.\116\ Authorization.--* * * [Repealed--1978]
    Sec. 213.\117\ Atoms for Peace.--* * * [Repealed--1962]

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    \117\ Sec. 213 was repealed by sec. 103(c) of the FA Act of 1962 
(76 Stat. 256).
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 Title II--American Schools and Hospitals Abroad; Prototype Desalting 
                              Plant \118\

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    \118\ This new title heading was added by sec. 102(g)(1)(D) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 942).
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    Sec. 214.\119\ American Schools and Hospitals Abroad.--(a) 
The President is authorized to furnish \120\ assistance, on 
such terms and conditions as he may specify, to schools and 
libraries outside the United States founded or sponsored by 
United States citizens and serving as study and demonstration 
centers for ideas and practices of the United States.

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    \119\ 22 U.S.C. 2174.
    \120\ Sec. 103(b)(1) of the FA Act of 1963 substituted the word 
``furnish'' for the words ``use, in addition to other funds available 
for such purposes, funds made available for the purposes of sec. 211 
for''.
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    (b) The President is authorized,\121\ notwithstanding the 
provisions of the Mutual Defense Assistance Control Act of 1951 
(22 U.S.C. 1611 et seq.) \122\ to furnish \123\ assistance, on 
such terms and conditions as he may specify, to institutions 
referred to in subsection (a) of this section, and to hospital 
centers for medical education and research outside the United 
States, founded or sponsored by United States citizens.\124\

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    \121\ Sec. 103(b)(2) of the FA Act of 1963 struck out the words 
``to use'' which appeared at this point.
    \122\ Superseded by the Export Administration Act of 1979.
    \123\ Sec. 103(b)(2) of the FA Act of 1963 substituted the words 
``to furnish'' for the words ``foreign currencies accruing to the 
United States Government under any Act, for purposes of subsection (2) 
of this section, and for''.
    \124\ Sec. 103(c)(1) of the FA Act of 1966 substituted the words to 
this point, beginning with ``to institutions referred to'' in lieu of 
``to hospitals outside the United States founded or sponsored by United 
States citizens and serving as centers for medical education and 
research''.
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    (c) \125\ (1) To carry out the purposes of this section, 
there are authorized to be appropriated to the President 
$35,000,000 for fiscal year 1986 and $35,000,000 for fiscal 
year 1987.

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    \125\ Sec. 4(2) of the FA Act of 1973 amended and restated subsec. 
(c).
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    (2) Amounts appropriated under paragraph (1) are authorized 
to remain available until expended.\126\

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    \126\ The authorization figures for fiscal years 1986 and 1987 were 
added by sec. 401 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190). 
Authorizations under sec. 214 for recent years included the following: 
fiscal year 1975--$19,000,000; fiscal year 1976--$25,000,000; fiscal 
year 1977--$25,000,000; fiscal year 1978--$25,000,000; fiscal year 
1979--$25,000,000; fiscal year 1980--$25,000,000; fiscal year 1981--
$30,000,000; fiscal year 1982--$20,000,000; fiscal year 1983--
$20,000,000; fiscal year 1984--$30,000,000; fiscal year 1985--no 
authorization; fiscal year 1988--no authorization; fiscal year 1989--no 
authorization; fiscal year 1990--no authorization; fiscal year 1991--no 
authorization; fiscal year 1992--no authorization; fiscal year 1993--no 
authorization; fiscal year 1994--no authorization; fiscal year 1995--no 
authorization; fiscal year 1996--no authorization; fiscal year 1997--no 
authorization; fiscal year 1998--no authorization.
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    (d) \127\ Notwithstanding the provisions of subsection (b), 
funds appropriated under this section may be used for 
assistance to centers for pediatric plastic and reconstructive 
surgery established by Children's Medical Relief International, 
except that assistance may not be furnished for the domestic 
operations of any such center located in the United States, its 
territories or possessions.

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    \127\ Sec. 114(2) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 950) repealed 
subsecs. (d) and (e) (which had been added by the FA Act of 1973), and 
redesignated subsec. (f) (which had been added by Public Law 95-88; 91 
Stat. 539) as subsec. (d).
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    Sec. 215.\116\ Loans to Small Farmers.--* * * [Repealed--
1978]
    Sec. 216.\116\ Voluntary Agencies.--* * * [Repealed--1978]
    Sec. 217.\116\ Used Equipment.--* * * [Repealed--1978]
    Sec. 218.\116\ Fish and Other Protein Concentrates.--* * * 
[Repealed--1978]
    Sec. 219.\128\ Prototype Desalting Plant.--(a) In 
furtherance of purposes of this part and for the purpose of 
improving existing, and developing and advancing new technology 
and experience in the design, construction, and operation of 
large-scale desalting plants of advanced concepts which will 
contribute materially to low-cost desalination in all 
countries, including the United States, the President, if he 
determines it to be feasible, is authorized to participate in 
the development of a large-scale water treatment and desalting 
prototype plant and necessary appurtenances to be constructed 
in Israel as an integral part of a dual-purpose power 
generating and desalting project. Such participation shall 
include financial, technical, and such other assistance as the 
President deems appropriate to provide for the study, design, 
construction, and, for a limited demonstration period of not to 
exceed five years, operation and maintenance of the water 
treatment and desalting facilities of the dual-purpose project.

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    \128\ 22 U.S.C. 2179. Sec. 219 was added by sec. 104 of the FA Act 
of 1969 (Public Law 91-175; 83 Stat. 806).
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    (b) Any agreement entered into under subsection (a) of this 
section shall include such terms and conditions as the 
President deems appropriate to insure, among other things, that 
all information, products, uses, processes, patents, and other 
developments obtained or utilized in the development of this 
prototype plant will be available without further cost to the 
United States for the use and benefit of the United States 
throughout the world, and to insure that the United States, its 
officers and employees have a permanent right to review data 
and have access to such plant for the purpose of observing its 
operations and improving science and technology in the field of 
desalination.
    (c) In carrying out the provisions of this section, the 
President may enter into contracts with public or private 
agencies and with any person without regard to sections 3648 
and 3709 of the Revised Statutes of the United States (31 
U.S.C. 529 and 41 U.S.C. 5).
    (d) Nothing in this section shall be construed as intending 
to deprive the owner of any background patent or any right 
which such owner may have under that patent.
    (e) In carrying out the provisions of this section, the 
President may utilize the personnel, services, and facilities 
of any Federal agency.
    (f) The United States costs, other than its administrative 
costs, for the study, design, construction, and operation of a 
prototype plant under this section shall not exceed either 50 
per centum of the total capital costs of the facilities 
associated with the production of water, and 50 per centum of 
the operation and maintenance costs for the demonstration 
period, or $20,000,000, whichever is less. There are authorized 
to be appropriated, subject to the limitations of this 
subsection, such sums as may be necessary to carry out the 
provisions of this section, including administrative costs 
thereof. Such sums are authorized to remain available until 
expended.
    (g) No funds appropriated for the Office of Saline Water 
pursuant to the appropriation authorized by the Act of July 11, 
1969 (83 Stat. 45, Public Law 91-43), or prior authorization 
Acts, shall be used to carry out the purposes of this section.
    Sec. 220.\116\ Programs for Peaceful Communication.--* * * 
[Repealed--1978]
    Sec. 220A.\116\ Suez Canal.--* * * [Repealed--1978]

      Title III--Housing and Other Credit Guaranty Programs \129\

    Sec. 221.\130\ Housing Guaranties.--The Congress recognizes 
that shelter, including essential urban development services, 
is \131\ among the most fundamental of human needs. Shelter for 
most people in the developing countries consists largely of 
domestic materials assembled by local labor. While recognizing 
that most financing for such shelter \132\ must come from 
domestic resources, the Congress finds that carefully designed 
programs involving United States capital and expertise can 
increase the availability of domestic financing for improved 
shelter \132\ and related services for low-income people by 
demonstrating to local entrepreneurs and institutions that 
providing low-cost shelter \132\ can be financially viable. The 
Congress reaffirms, therefore, that the United States should 
continue to assist developing countries in marshalling 
resources for low-cost shelter.\132\ Particular attention 
should be given to programs which will support pilot projects 
for low-cost shelter or which will have a maximum demonstration 
impact on local institutions and national policy. The Congress 
declares that the long run goal of all such programs should be 
to develop domestic construction capabilities and to stimulate 
local credit institutions to make available domestic capital 
and other management and technological resources required for 
effective low-cost shelter programs and policies.

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    \129\ Title III was added by sec. 105 of the FA Act of 1969. Sec. 
8(a)(1) of the FA Act of 1974 substituted the title heading ``Housing 
and Other Credit Guaranty Programs'' in lieu of ``Housing Guaranties''.
    \130\ 22 U.S.C. 2181. Sec. 221, which was added by the FA Act of 
1969, was amended and restated by sec. 115(a) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 950).
    \131\ The words ``including essential urban development services, 
is'' were inserted in lieu of the words ``requirements are'' by sec. 
541(a) of the Foreign Assistance Appropriations Act, 1985, as contained 
in the Continuing Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 
1903). This amendment had been included as sec. 311(a)(1) of H.R. 5119, 
the International Security and Development Cooperation Act of 1984, as 
passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 311 of 
H.R. 5119.
    \132\ The word ``shelter'' was inserted in lieu of the word 
``housing'' by sec. 541(a) of the Foreign Assistance Appropriations 
Act, 1985, as contained in the Continuing Appropriations Act, 1985 
(Public Law 98-473; 98 Stat. 1903). This amendment had been included as 
sec. 311(a)(2) of H.R. 5119, the International Security and Development 
Cooperation Act of 1984, as passed by the House on May 10, 1984. Sec. 
541(a) enacted sec. 311 of H.R. 5119.
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    Sec. 222.\133\ Authorization.--(a) To carry out the policy 
of section 221, the President is authorized to issue guaranties 
to eligible investors (as defined in section 238(c)) assuring 
against losses incurred in connection with loans made for 
projects meeting the criteria set forth in section 221. The 
total principal amount of guaranties issued under this title or 
heretofore issued under prior housing guaranty authorities, 
which are outstanding at any one time, shall not exceed 
$2,558,000,000.\134\ The authority of this section shall 
continue through September 30, 1992.\135\ The President may 
issue regulations from time to time with regard to the terms 
and conditions upon which such guaranties shall be issued and 
the eligibility of lenders.

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    \133\ 22 U.S.C. 2182. Sec. 222, which was added by the FA Act of 
1969 and had concerned housing projects in Latin American countries, 
was amended and restated by sec. 115(a) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 950).
    \134\ This figure was increased from $2,158,000,000 by title II, 
chapter III, of the Dire Emergency Supplemental Appropriations for 1990 
(Public Law 101-302; 104 Stat. 224). This figure was previously 
increased from $1,958,000,000 by sec. 313(a) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 190); and from $1,718,000,000 by sec. 541(a) of the Foreign 
Assistance Appropriations Act, 1985, as contained in the Continuing 
Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 1903). This 
amendment had been included as sec. 311(b)(1) of H.R. 5119, the 
International Security and Development Cooperation Act of 1984, as 
passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 311 of 
H.R. 5119. Previously, the amount was raised from $1,555,000,000 to 
$1,718,000,000 by sec. 310(a) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535) 
and from $1,180,000,000 to $1,155,000,000 by sec. 112(a)(1) of Public 
Law 96-53 (93 Stat. 363).
    Congress did not enact an authorization for fiscal year 1998. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118), waived the requirements 
for authorization and title II of that Act (111 Stat. 2392) provided 
the following:

            ``urban and environmental credit program account

    ``For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of guaranteed loans authorized by sections 221 and 
222 of the Foreign Assistance Act of 1961, including the cost of 
guaranteed loans designed to promote the urban and environmental 
policies and objectives of part I of such Act, $3,000,000, to remain 
available until September 30, 1999: Provided, That these funds are 
available to subsidize loan principal, 100 percent of which shall be 
guaranteed, pursuant to the authority of such sections. In addition, 
for administrative expenses to carry out guaranteed loan programs, 
$6,000,000, all of which may be transferred to and merged with the 
appropriation for Operating Expenses of the Agency for International 
Development: Provided further, That commitments to guarantee loans 
under this heading may be entered into notwithstanding the second and 
third sentences of section 222(a) and, with regard to programs for 
Central and Eastern Europe and programs for the benefit of South 
Africans disadvantaged by apartheid, section 223(j) of the Foreign 
Assistance Act of 1961.''.
    See also sec. 558 of that Act (111 Stat. 2423), relating to special 
debt relief for the poorest.
    \135\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2391), under the heading ``Urban and Environmental Credit Program 
Account'', waived the second and third sentences of this subsec., which 
in effect lifted the ceiling on the outstanding principal amount of 
guaranties, and continued the authority contained in the section.
    Previously, the authority of this section was extended to September 
30, 1992, from Sept. 30, 1991, by title II of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1991 (Public 
Law 101-513; 104 Stat. 1989). Previously the authority was extended 
from Sept. 30, 1990, by title II of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1990 (Public Law 
101-167; 103 Stat. 1205); from Sept. 30, 1989, by title II of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1988 (sec. 101(e) of the Continuing Appropriations 
for 1988, Public Law 100-202; 101 Stat. 1329); from Sept. 30, 1986, by 
sec. 313(b) of the International Security and Development Cooperation 
Act of 1985 (Public Law 99-83; 99 Stat. 190).
    The authority of this section was previously extended from Sept. 
30, 1984, by sec. 541(a) of the Foreign Assistance Appropriations Act, 
1985 as contained in the Continuing Appropriations Act, 1985 (Public 
Law 98-473; 98 Stat. 1903). This amendment had been included as sec. 
311(b)(2) of H.R. 5119, the International Security and Development 
Cooperation Act of 1984, as passed by the House on May 10, 1984. Sec. 
541(a) enacted sec. 311 of H.R. 5119. This authority had been extended 
previously from Sept. 30, 1982, by sec. 310(a) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1535); and from Sept. 30, 1980, by sec. 112(a)(2) of Public Law 
96-53 (93 Stat. 364).
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    (b) Activities carried out under this section shall 
emphasize--
          (1) projects which provide improved home sites to 
        poor families on which to build shelter, and related 
        services;
          (2) projects comprised of expandable core shelter 
        units on serviced sites;
          (3) slum upgrading projects designed to conserve and 
        improve existing shelter;
          (4) shelter projects for low income people designed 
        for demonstration or institution building purposes; and
          (5) community facilities and services in support of 
        projects authorized under this section to improve the 
        shelter occupied by the poor.
    (c) In issuing guaranties under this section with respect 
to projects in a country which require the use or conservation 
of energy, the President shall give consideration to the use of 
solar energy technologies, where such technologies are 
economically and technically feasible. Technologies which may 
be used include solar hot water systems, solar heating and 
cooling, passive solar heating, biomass conversion, 
photovoltaic and wind applications, and community-scale solar 
thermal applications.
    (k) \136\ The total principal amount of guaranties issued 
under this section for each of the fiscal years 1986 and 1987 
shall be comparable to the total principal amount of such 
guaranties issued for fiscal year 1984, subject to the dollar 
limitations on the issuance of guaranties under this section 
which are contained in subsection (a) and in appropriation 
Acts.

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    \136\ Sec. 313(c) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat 190) added subsec. 
(k). This subsection should probably be labeled ``(d)'' instead of 
``(k)''.
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    Sec. 222A.\137\ Agricultural and Productive Credit and 
Self-Help Community Development Programs.--(a) It is the sense 
of the Congress that in order to stimulate the participation of 
the private sector in the economic development of less-
developed countries,\138\ the authority conferred by this 
section should be used to establish pilot programs \139\ to 
encourage private banks, credit institutions, similar private 
lending organizations, cooperatives, and private nonprofit 
development organizations to make loans on reasonable terms to 
organized groups and individuals residing in a community for 
the purpose of enabling such groups and individuals to carry 
out agricultural credit and self-help community development 
projects for which they are unable to obtain financial 
assistance on reasonable terms. Agricultural credit and 
assistance for self-help community development projects should 
include, but not be limited to, material and such projects as 
wells, pumps, farm machinery, improved seed, fertilizer, 
pesticides, vocational training, food industry development, 
nutrition projects, improved breeding stock for farm animals, 
sanitation facilities, and looms and other handicraft aids.

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    \137\ 22 U.S.C. 2182a. Sec. 222A was added by sec. 8(a)(2) of the 
FA Act of 1974.
    \138\ The words ``in not more than six Latin American countries'' 
and the words ``in Latin America'' were deleted by sec. 541(a) of the 
Foreign Assistance Appropriations Act, 1985, as contained in the 
Continuing Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 1903). 
This amendment had been included as sec. 312(a)(1) of H.R. 5119, the 
International Security and Development Cooperation Act of 1984, as 
passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 312 of 
H.R. 5119.
    \139\ Previously such programs were limited to not more than six 
Latin American countries (Public Law 99-53; 99 Stat. 364).
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    (b) To carry out the purposes of subsection (a), the agency 
primarily responsible for administering part I is authorized to 
issue guaranties, on such terms and conditions as it shall 
determine, to private lending institutions, cooperatives, and 
private nonprofit development organizations \140\ assuring 
against loss of not to exceed 50 per centum of the portfolio of 
such loans made by any lender to organized groups or 
individuals residing in a community to enable such groups or 
individuals to carry out agricultural credit and self-help 
community development projects for which they are unable to 
obtain financial assistance on reasonable terms. In no event 
shall the liability of the United States exceed 75 per centum 
of any one loan.

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    \140\ The words ``in not more than five Latin American countries'', 
that previously appeared at this point, were struck out by sec. 541(a) 
of the Foreign Assistance Appropriations Act, 1985, as contained in the 
Continuing Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 1903). 
This amendment had been included as sec. 312(a)(2) of H.R. 5119, the 
International Security and Development Cooperation Act of 1984, as 
passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 312 of 
H.R. 5119.
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    (c) The total face amount of guaranties issued under this 
section outstanding at any one time shall not exceed 
$20,000,000.\141\ Not more than 10 per centum of such sum shall 
be provided for any one institution, cooperative, or 
organization.

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    \141\ This figure was increased from $15,000,000 by sec. 112(b)(2) 
of the International Development Cooperation Act of 1979 (Public Law 
96-53; 93 Stat. 364).
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    (d) The Inter-American Foundation shall be consulted in 
developing criteria for making loans eligible for guaranty 
coverage in Latin America under this section.
    (e) Not to exceed $3,000,000 of the guaranty reserve 
established under section 223(b) shall be available to make 
such payments as may be necessary to discharge liabilities 
under guaranties issued under this section or any guaranties 
previously issued under section 240 of this Act.
    (f) Funds held by the Overseas Private Investment 
Corporation pursuant to section 236 may be available for 
meeting necessary administrative and operating expenses for 
carrying out the provisions of this section through June 30, 
1976.
    (g) The Overseas Private Investment Corporation shall, upon 
enactment of this subsection, transfer to the agency primarily 
responsible for administering part I all obligations, assets, 
and related rights and responsibilities arising out of, or 
related to the predecessor program provided for in section 240 
of this Act.
    (h) The authority of this section shall continue through 
September 30, 1988.\142\

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    \142\ This authority was extended from Sept. 30, 1986, to Sept. 30, 
1988, by sec. 313 (d) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190). This 
authority was previously extended from Sept. 30, 1983 to Sept. 30, 
1986, by sec. 541(a) of the Foreign Assistance Appropriations Act, 1985 
(Public Law 98-473). This amendment had been included as sec. 312(b) of 
H.R. 5119, the International Security and Development Cooperation Act 
of 1984, as passed by the House on May 10, 1984. Sec. 541(a) enacted 
sec. 312 of H.R. 5119. Such authority had previously been extended from 
Dec. 31, 1977 to Sept. 30, 1978, by Public Law 95-88 (91 Stat. 540), 
from Sept. 30, 1978 to Sept. 30, 1979, by Public Law 95-424 (92 Stat. 
951), from Sept. 30, 1979 to Sept. 30, 1982, by Public Law 96-53 (93 
Stat. 364), and from Sept. 30, 1982 to Sept. 30, 1983, by Public Law 
97-438 (96 Stat. 2286).
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    (i) Notwithstanding the limitations in subsection (c) of 
this section, foreign currencies owned by the United States and 
determined by the Secretary of the Treasury to be excess to the 
needs of the United States may be utilized to carry out the 
purposes of this section, including the discharge of 
liabilities under this subsection. The authority conferred by 
this subsection shall be in addition to authority conferred by 
any other provision of law to implement guaranty programs 
utilizing excess local currency.\143\

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    \143\ Subsec. (j), which previously appeared at this point and 
concerned a one-time reporting requirement, was repealed by sec. 
502(d)(1) of the International Development and Food Assistance Act of 
1978 (Public Law 95-424; 92 Stat. 959).
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    Sec. 223.\144\ General Provisions.--(a) A fee shall be 
charged for each guaranty issued under section 222 or 222A 
\145\ in an amount to be determined by the President. In the 
event the fee to be charged for such type guaranty is reduced, 
fees to be paid under existing contracts for the same type of 
guaranty may be similarly reduced.

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    \144\ 22 U.S.C. 2183. Sec. 223 was added by sec. 105 of the FA Act 
of 1969.
    \145\ Sec. 8(a)(3) of the FA Act of 1974 inserted ``section 221, 
222, or 222A'' in lieu of ``section 221 or section 222''. Subsequently, 
the reference to sec. 221 was struck by sec. 115 of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 951).
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    (b) The amount of $50,000,000 of fees accumulated under 
prior investment guaranty provisions repealed by the Foreign 
Assistance Act of 1969, together with all fees collected in 
connection with guaranties issued under section 222 \146\ or 
under prior housing guaranty authorities,\147\ shall be 
available for meeting necessary administrative and operating 
expenses of carrying out the provisions of section 222 and 
administering housing guaranties heretofore authorized under 
this title and under \148\ prior housing guaranty provisions 
repealed by the Foreign Assistance Act of 1969 (including, but 
not limited to expenses pertaining to personnel, supplies, and 
printing), subject to such limitations as may be imposed in 
annual appropriation Acts; for meeting management and custodial 
costs incurred with respect to currencies or other assets 
acquired under guaranties made pursuant to section 222 \146\ or 
heretofore pursuant to this title or \149\ prior Latin American 
and other housing guaranty authorities repealed by the Foreign 
Assistance Act of 1969; and to pay the cost of investigating 
and adjusting (including cost of arbitration) claims under such 
guaranties; and shall be available for expenditure in discharge 
of liabilities under such guaranties until such time as all 
such property has been disposed of and all such liabilities 
have been discharged or have expired, or until all such fees 
have been expended in accordance with the provisions of this 
subsection. Fees collected in connection with guaranties issued 
under section 222A shall likewise be available to meet similar 
expenses, costs, or liabilities incurred in connection with the 
programs authorized by that section.\150\ All of the foregoing 
fees referred to in this section together with earnings thereon 
and other income arising from guaranty operations under this 
title shall be held in a revolving fund account maintained in 
the Treasury of the United States. All funds in such account 
may be invested in obligations of the United States. Any 
interest or other receipts derived from such investments shall 
be credited to such account and may be used for the purposes 
cited in this section.\151\

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    \146\ Sec. 8(a)(3) of the Foreign Assistance Act of 1974 (Public 
Law 93-559)struck out ``this title'' and inserted in lieu thereof 
``section 221 or section 222''. Sec. 115(d) of International 
Development and Food Assistance Act (Public Law 95-424; 92 Stat. 945) 
struck out reference to section 221.
    \147\ Sec. 117(b)(2)(A) of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 540) struck out the 
word ``hereunder'' and inserted the words ``under section 221 or 222 or 
under prior housing guaranty authorities''.
    \148\ The words to this point beginning with ``222 and 
administering * * *'' were substituted in lieu of ``221 and section 222 
of'' by sec. 115(d)(2) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951).
    \149\ The words ``this title or'' were added by sec. 115(d)(4) of 
the International Development and Food Assistance Act of 1978 (Public 
Law 95-424; 92 Stat. 951).
    \150\ This sentence was added by sec. 117(b)(2) of the 
International Development and Food Assistance Act of 1977 (Public Law 
95-88; 91 Stat. 540).
    \151\ The final three sentences of subsec. (b) were added by sec. 
310(b) of the International Security and Development Cooperation Act of 
1981 (Public Law 97-113; 95 Stat. 1535).
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    (c) Any payments made to discharge liabilities under 
guaranties issued under this title or \152\ section 222 or 
heretofore under prior Latin American or other housing guaranty 
authorities repealed by the Foreign Assistance Act of 1969, 
shall be paid first out of fees referred to in subsection (b) 
(excluding amounts required for purposes other than the 
discharge of liabilities under guaranties) as long as such fees 
are available, and thereafter shall be paid out of funds, if 
any, realized from the sale of currencies or other assets 
acquired in connection with any payment made to discharge 
liabilities under such guaranties as long as funds are 
available, and finally out of funds hereafter made available 
pursuant to subsection (e).

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    \152\ The words ``under this title or'' were inserted in lieu of 
``section 221 or'' by sec. 115(e) of the International Development and 
Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951).
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    (d) All guaranties issued under section 222 or 222A or 
previously under section 240 of this Act \153\ or heretofore 
under this title or \154\ under prior Latin American or other 
housing guaranty authority repealed by the Foreign Assistance 
Act of 1969 shall constitute obligations, in accordance with 
the terms of such guaranties of the United States of America 
and the full faith and credit of the United States of America 
is hereby pledged for the full payment and performance of such 
obligations.

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    \153\ Sec. 8(a)(5) of the FA Act of 1974 substituted ``section 221, 
222, 222A, or previously under section 240 of this Act'' in lieu of 
``section 221 or section 222.'' Subsequently, sec. 115(f) of Public Law 
95-424 struck out the reference to sec. 221.
    \154\ The words ``under this title or'' were added by sec. 
115(f)(2) of the International Development and Food Assistance Act of 
1978 (Public Law 95-424; 92 Stat. 951).
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    (e)(1) \155\ There is hereby authorized to be appropriated 
to the President such amounts, to remain available until 
expended, as may be necessary from time to time to carry out 
the purposes of this title.

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    \155\ The para. designation ``(1)'' and a new para. (2) were added 
by sec. 541(a) of the Foreign Assistance Appropriations Act, 1985, as 
contained in the Continuing Appropriations Act, 1985 (Public Law 98-
473; 98 Stat. 1903). This amendment had been included as sec. 311(c) of 
H.R. 5119, the International Security and Development Cooperation Act 
of 1984, as passed by the House on May 10, 1984. Sec. 541(a) enacted 
sec. 311 of H.R. 5119.
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    (2) \155\ (A) In order to meet obligations incurred for the 
payment of claims pursuant to loan guaranties described in 
subsection (d), the Administrator of the agency primarily 
responsible for administering part I may, to the extent that 
reserves are not sufficient, borrow from time to time from the 
Treasury except that--
          (i) the Administrator may exercise the authority to 
        borrow under this paragraph only to such extent or in 
        such amounts as are provided in advance in 
        appropriation Acts; and
          (ii) the amount borrowed under this paragraph which 
        is outstanding at any one time may not exceed 
        $100,000,000.\156\

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    \156\ $100,000,000 was substituted in lieu of $40,000,000 by title 
II of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1988 (sec. 101(e) of the Continuing Appropriations 
for 1988, Public Law 100-202; 101 Stat. 1329).
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    (B) Any such borrowing shall bear interest at a rate 
determined by the Secretary of the Treasury, taking into 
account the current average market yield on outstanding 
marketable obligations of the United States of comparable 
maturities. The Secretary of the Treasury shall make loans 
under this paragraph and for such purpose may borrow on the 
credit of the United States in accordance with subchapter I of 
chapter 31 of title 31 of the United States Code.
    (f) In the case of any loan investment guaranteed under 
section 222,\146\ the agency primarily responsible for 
administering part I shall prescribe the maximum rate of 
interest allowable to the eligible investor, which maximum rate 
shall not exceed by more than 1 per centum the then current 
rate of interest applicable to housing mortgages insured by the 
Department of Housing and Urban Development.\157\ The maximum 
allowable rate of interest under this subsection shall be 
prescribed by the agency as of the date the project covered by 
the investment is officially authorized and, prior to the 
execution of the contract, the agency may amend such rate at 
its discretion, consistent with the provisions of subsection 
(f).

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    \157\ Language which specified that the maximum rate of interest 
should not be less than one-half of 1 per centum above the then current 
rate of interest applicable to housing mortgages insured by HUD, was 
struck out by sec. 112(c) of the International Development Cooperation 
Act of 1979 (Public Law 96-53; 93 Stat. 364).
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    (g) Housing guaranties committed, authorized, or 
outstanding heretofore under this title or \158\ under prior 
housing guaranty authorities repealed by the Foreign Assistance 
Act of 1969 shall continue subject to provisions of law 
originally applicable thereto and fees collected hereafter with 
respect to such guaranties shall be available for the purposes 
specified in subsection (b).

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    \158\ The words ``heretofore under this title or'' were added by 
sec. 115(h) of the International Development and Food Assistance Act of 
1978 (Public Law 95-424; 92 Stat. 951).
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    (h) No payment may be made under any guaranty issued 
pursuant to this title for any loss arising out of fraud or 
misrepresentation for which the party seeking payment is 
responsible.
    (i) \159\ * * * [Repealed--1978]

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    \159\ Subsec. (i), which had authorized sections 221 and 222 to 
continue in force until Sept. 30, 1979, was repealed by sec. 115(i) of 
the International Development and Food Assistance Act of 1978 (Public 
Law 95-424; 92 Stat. 952).
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    (j) \160\ Guaranties shall be issued under section 222 
\146\ only for housing projects which are coordinated with and 
complementary to any development assistance being furnished 
under chapter 1 of this part and which \161\ are specifically 
designed to demonstrate the feasibility and suitability of 
particular kinds of housing or of financial or other 
institutional arrangements. Of the aggregate face value of 
housing guaranties hereafter issued under this title, not less 
than 90 per centum shall be issued for housing suitable for 
families with income below the median income (below the median 
urban income for housing in urban areas) in the country in 
which the housing is located. The face value of guaranties 
issued with respect to housing in any country shall not exceed 
$25,000,000 in any fiscal year, and the average face value of 
guaranties issued in any fiscal year shall not exceed 
$15,000,000. Of the total amount of housing guaranties 
authorized to be issued under section 222 through September 30, 
1982, not less than a face amount of $25,000,000 shall be 
issued for projects in Israel and not less than a face amount 
of $25,000,000 shall be issued for projects in Egypt.\162\

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    \160\ Sec. 311(5)(B) of Public Law 94-161 (89 Stat. 849) added 
subsection (j).
    Title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2392), 
provided the following under ``Urban and Environmental Credit Program 
Account'':
    ``Provided further, That commitments to guarantee loans under this 
heading may be entered into notwithstanding the second and third 
sentences of section 222(a) and, with regard to programs for Central 
and Eastern Europe and programs for the benefit of South Africans 
disadvantaged by apartheid, section 223(j) of the Foreign Assistance 
Act of 1961.''.
    \161\ The words to this point beginning with ``are coordinated with 
and'' were substituted by sec. 112(d)(1) of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 364) in 
lieu of the following: ``(1) except for regional projects are in 
countries which are receiving, or which in the previous two fiscal 
years have received, development assistance under chapter 1 of part I 
of this Act, (2) are coordinated with and complementary to such 
assistance, and (3)''.
    \162\ This sentence was amended and restated by sec. 112(d)(2) of 
the International Development Cooperation Act of 1979 (Public Law 96-
53; 93 Stat. 364). It formerly read as follows:
    ``Notwithstanding the provisions of the first sentence of this 
subsection, the President is authorized to issue housing guaranties 
until September 30, 1978, as follows: In Israel, not exceeding a face 
amount of $75,000,000, in Portugal, not exceeding a face amount of 
$30,000,000, and in Lebanon, not exceeding a face amount of 
$30,000,000.''.
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    Sec. 224.\163\ Trade Credit Insurance Program for Central 
America.--(a) In order to enable the Export-Import Bank of the 
United States (hereafter in this section referred to as the 
``Bank'') to determine that there exists reasonable assurance 
of repayment as required under section 2(b)(1)(B) of the 
Export-Import Bank Act of 1945,\164\ the agency primarily 
responsible for administering part I of this Act (hereafter in 
this section referred to as the ``Agency'') is authorized to 
provide guarantees to the Bank for liabilities to be incurred 
by the Bank in connection with guarantees or insurance provided 
under the Export-Import Bank Act of 1945 for financing for 
transactions involving the export of goods and services for the 
use of the private sector in Central American countries.

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    \163\ 22 U.S.C. 2184. Sec. 224 was added by sec. 541(a) of the 
Foreign Assistance Appropriations Act, 1985, as contained in the 
Continuing Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 1903). 
This amendment had been included as sec. 1011 of H.R. 5119, the 
International Security and Development Cooperation Act of 1984, as 
passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 1011 of 
H.R. 5119. Reference in the section title to Central America was added 
by the Support for East European Democracy (SEED) Act of 1989 (Public 
Law 101-179; 103 Stat. 1313).
    \164\ For text, see Legislation on Foreign Relations Through 1997, 
vol. III.
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    (b)(1) Guarantees provided by the Agency pursuant to the 
authority of subsection (a) shall be for short-term guarantees 
and insurance extended by the Bank which shall be repayable 
within a period not to exceed one year from the date of arrival 
at the port of importation of the goods and services covered by 
such guarantees or insurance. Guarantees or insurance extended 
by the Bank and guaranteed by the Agency pursuant to subsection 
(a) shall be provided by the Bank in accordance with criteria 
and procedures agreed to by the Agency and the Bank. Such 
agreement shall also provide for the establishment of a reserve 
fund by the Agency, with such funds made available to the 
reserve as the Agency deems necessary to discharge liabilities 
under guarantees provided by the Agency pursuant to subsection 
(a).
    (2) The administrator of such agency shall transmit a copy 
of such agreement to the Speaker of the House of 
Representatives and to the Committee on Foreign Relations and 
the Committee on Banking, Housing, and Urban Affairs of the 
Senate.
    (c) The Agency shall not enter into any commitments to 
guarantee under subsection (a) after September 30, 1991.\165\

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    \165\ Title IV of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2001), struck out ``September 30, 1990'' and inserted in lieu 
thereof ``September 30, 1991''.
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    (d) Of the funds authorized to be appropriated for chapter 
4 of part II of this Act, there are authorized to be made 
available such sums as may be deemed necessary by the Agency to 
discharge liabilities under guarantees entered into under 
subsection (a).
    (e) Commitments to guarantee under subsection (a) are 
authorized only to the extent and in the amounts provided in 
appropriations Acts, except that the aggregate amount of 
outstanding commitments under subsection (a) may not exceed 
$300,000,000 of contingent liability for loan principal during 
fiscal year 1986 and may not exceed $400,000,000 of contingent 
liability for loan principal during fiscal year 1987.\166\

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    \166\ Sec. 314 of the International Security and Development 
Cooperation Act of 1985 substituted the text following the word 
``Acts,'' in lieu of the words ``not to exceed $300,000,000 in the 
fiscal year 1985.''.
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    (f) To the extent that any of the funds made available 
pursuant to subsection (d) are paid out for a claim arising out 
of liabilities guaranteed under subsection (a), amounts 
received after the date of such payment, with respect to such 
claim, shall be credited to the reserve fund referred to in 
subsection (b), shall be merged with the funds in such reserve, 
and shall be available for the purpose of payments by the 
Agency to the Bank for guarantees under subsection (a).
    (g) Beginning on a date six months after the date of 
enactment of this section, and at intervals of six months 
thereafter, the administrator of the agency primarily 
responsible for administering part I of this Act and the 
President of the Export-Import Bank of the United States shall 
prepare and transmit to the Speaker of the House of 
Representatives and the Chairman of the Committee on Foreign 
Relations of the Senate a report on the amount and extension of 
credits during the preceding six-month period.
    (h) The Export-Import Bank shall provide without 
reimbursement such administrative and technical assistance to 
the Agency as the Bank and the Agency deem appropriate to 
assist the Agency in carrying out this section.
    Sec. 225.\167\ Trade Credit Insurance Program for Poland.

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    \167\ 22 U.S.C. 2185. Section 304 of the Support for East European 
Democracy (SEED) Act of 1989 (Public Law 101-179; 103 Stat. 1312) added 
sec. 225.
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  (a) General Authority.--
          (1) Assurance to export-import bank of repayment.--
        The President is authorized to provide guarantees to 
        the Bank for liabilities described in paragraph (2) in 
        order to satisfy the requirement of section 2(b)(1)(B) 
        of the Export-Import Bank Act of 1945 (12 U.S.C. 
        635(b)(1)(B)) that the Bank have reasonable assurance 
        of repayment.
          (2) Liabilities which may be guaranteed.--The 
        liabilities that may be guaranteed under paragraph (1) 
        are liabilities incurred by the Bank in connection with 
        guarantees or insurance provided under the Export-
        Import Bank Act of 1945 for financing for transactions 
        involving the export of goods and services for the use 
        of the private sector in Poland.
  (b) Guarantees Available Only for Short-Term Guarantees and 
Insurance.--Guarantees provided under subsection (a) shall be 
for short-term guarantees and insurance extended by the Bank 
which shall be repayable within a period not to exceed one year 
from the date of arrival at the port of importation of the 
goods and services covered by such guarantees or insurance.
  (c) Agreement on Criteria and Procedures.--Guarantees or 
insurance extended by the Bank and guaranteed pursuant to 
subsection (a) shall be provided by the Bank in accordance with 
criteria and procedures agreed to by the Administrator and the 
Bank.
  (d) Reserve Fund.--The agreement referred to in subsection 
(c) shall also provide for the establishment of a reserve fund 
by the administering agency, with such funds made available to 
the reserve as the Administrator deems necessary to discharge 
liabilities under guarantees provided under subsection (a).
  (e) Discharge of Liabilities.--
          (1) Funds which may be used.--Such amounts of the 
        funds made available to carry out chapter 4 of part II 
        of this Act (relating to the economic support fund) as 
        the President determines are necessary may be made 
        available to discharge liabilities under guarantees 
        entered into under subsection (a).
          (2) Crediting of subsequent payments.--To the extent 
        that any of the funds made available pursuant to 
        paragraph (1) are paid out for a claim arising out of 
        liabilities guaranteed under subsection (a), amounts 
        received after the date of such payment, with respect 
        to such claim, shall be credited to the reserve fund 
        established pursuant to subsection (d), shall be merged 
        with the funds in such reserve, and shall be available 
        for the purpose of payments by the Administrator to the 
        Bank for guarantees under subsection (a).
  (f) Appropriations Action Required.--Commitments to guarantee 
under subsection (a) are authorized only to the extent and in 
the amounts provided in advance in appropriations Acts.
  (g) Limitation on Outstanding Commitments.--The aggregate 
amount of outstanding commitments under subsection (a) may not 
exceed $200,000,000 of contingent liability for loan principal 
during any fiscal year.
  (h) Biannual Reports to Congress.--Every 6 months, the 
Administrator and the President of the Bank shall prepare and 
transmit to the Speaker of the House of Representatives and the 
Chairman of the Committee on Foreign Relations of the Senate a 
report on the amount and extension of guarantees and insurance 
provided by the Bank and guaranteed under this section during 
the preceding 6-month period.
  (i) Administrative and Technical Assistance.--The Bank shall 
provide, without reimbursement, such administrative and 
technical assistance to the administering agency as the Bank 
and the Administrator determine appropriate to assist the 
administering agency in carrying out this section.
  (j) Fees and Premiums.--The Bank is authorized to charge fees 
and premiums, in connection with guarantees or insurance 
guaranteed by the administering agency under subsection (a), 
that are commensurate (in the judgment of the Bank) with the 
Bank's administrative costs and the risks covered by the 
agency's guarantees. Any amounts received by the Bank in excess 
of the estimated costs incurred by the Bank in administering 
such guarantees or insurance--
          (1) shall be credited to the reserve fund established 
        pursuant to subsection (d),
          (2) shall be merged with the funds in such reserve, 
        and
          (3) shall be available for the purpose of payments by 
        the administering agency to the Bank for guarantees 
        under subsection (a).
  (k) Restrictions Not Applicable.--Prohibitions on the use of 
foreign assistance funds for assistance for Poland shall not 
apply with respect to the funds made available to carry out 
this section.
  (l) Expiration of Authority.--The President may not enter 
into any commitments to guarantee under subsection (a) after 
September 30, 1992.
  (m) Definitions.--For purposes of this section--
          (1) the term ``administering agency'' means the 
        Agency for International Development;
          (2) the term ``Administrator'' means the 
        Administrator of the Agency for International 
        Development; and
          (3) the term ``Bank'' means the Export-Import Bank of 
        the United States.

SEC. 226.\168\ LOAN GUARANTEES TO ISRAEL PROGRAM.

    (a) In General.--Subject to the terms and conditions of 
this section, during the period beginning October 1, 1992, and 
ending September 30, 1997, the President is authorized to issue 
guarantees against losses incurred in connection with loans to 
Israel made as a result of Israel's extraordinary humanitarian 
effort to resettle and absorb immigrants into Israel from the 
republics of the former Soviet Union, Ethiopia and other 
countries. In the event that less than the full amount 
authorized to be issued under subsection (b) of this section is 
issued in such period, the authority to issue the balance of 
such guarantees shall be available in the fiscal year ending on 
September 30, 1998.

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    \168\ 22 U.S.C. 2186. Added by sec. 601 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1993 (Public 
Law 102-391; 106 Stat. 1699).
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    (b) \169\ Fiscal Year Levels.--The President is authorized 
to issue guarantees in furtherance of the purposes of this 
section. Subject to subsection (d), the total principal amount 
of guarantees which may be issued by the President under this 
section shall be up to $10,000,000,000 which may be issued as 
follows:

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    \169\ In past years, the President has determined, pursuant to sec. 
226(d), that amounts authorized under this section for loan guarantees 
be reduced. See Presidential Determination No. 93-44 of September 30, 
1993 (58 F.R. 52209); Presidential Determination No. 94-57 of September 
30, 1994 (59 F.R. 52057); Presidential Determination No. 95-46 of 
September 29, 1995 (60 F.R. 53087).
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          (1) in fiscal year 1993, up to $2,000,000,000 may be 
        issued on October 1, 1992 or thereafter;
          (2) subject to subsection (d), in fiscal years 1994 
        through 1997, up to $2,000,000,000 in each fiscal year 
        may be issued on October 1 or thereafter.
          (3) If less than the full amount of guarantees 
        authorized to be made available in a fiscal year 
        pursuant to paragraphs (1) and (2) of this subsection 
        is issued to Israel during that fiscal year, the 
        authority to issue the balance of such guarantees shall 
        extend to any subsequent fiscal year ending on or 
        before September 30, 1998.
          (4)(A) Not later than September 1 of each year during 
        the period in which the President is authorized to 
        issue loan guarantees under subsection (a), beginning 
        in fiscal year 1993, the President shall notify the 
        appropriate congressional committees in writing of his 
        intentions regarding the exercise of that authority for 
        the fiscal year beginning on October 1 of that year, 
        including a statement of the total principal amount of 
        guarantees, if any, that the President proposes to 
        issue for that fiscal year.
          (B) For purposes of this paragraph, the term 
        ``appropriate congressional committees'' means the 
        Committee on Appropriations and the Committee on 
        Foreign Relations of the Senate and the Committee on 
        Appropriations and the Committee on Foreign Affairs 
        \170\ of the House of Representatives.

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    \170\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (c) Use of Guarantees.--Guarantees may be issued under this 
section only to support activities in the geographic areas 
which were subject to the administration of the Government of 
Israel before June 5, 1967.
    (d) \169\ Limitation on Guarantee Amount.--The amount of 
authorized but unissued guarantees that the President is 
authorized to issue as specified in subsection (b) shall be 
reduced by an amount equal to the amount extended or estimated 
to have been extended by the Government of Israel during the 
previous year for activities which the President determines are 
inconsistent with the objectives of this section or 
understandings reached between the United States Government and 
the Government of Israel regarding the implementation of the 
loan program. The President shall submit a report to Congress 
no later than September 30 of each fiscal year during the 
pendency of the program specifying the amount calculated under 
this subsection and that will be deducted from the amount of 
guarantees authorized to be issued in the next fiscal year.
    (e) Fees.--
          (1) Fees charged for the loan guarantee program under 
        this section each year shall be an aggregate annual 
        origination fee equal to the estimated subsidy cost of 
        the guarantees issued under this section for that year, 
        calculated by the Office of Management and Budget for 
        the Federal Credit Reform Act of 1990. This shall also 
        include an amount for the administrative expenses of 
        the Agency for International Development in 
        administering the program under this section. All such 
        fees shall be paid by the Government of Israel to the 
        Government of the United States. Funds made available 
        for Israel under chapter 4 of Part II of the Foreign 
        Assistance Act of 1961, as amended, may be utilized by 
        the Government of Israel to pay such fees to the United 
        States Government. No further appropriations of subsidy 
        cost are needed for the loan guarantee authorized 
        hereunder for fiscal year 1993 and the four succeeding 
        fiscal years.
          (2) The origination fee shall be payable to the 
        United States Government on a pro rata basis as each 
        guarantee for each loan or increment is issued.
    (f) Authority To Suspend.--Except as provided in 
subsections (l) and (m) of this section, the President shall 
determine the terms and conditions for issuing guarantees. If 
the President determines that these terms and conditions have 
been breached, the President may suspend or terminate the 
provision of all or part of the additional loan guarantees not 
yet issued under this section. Upon making such a determination 
to suspend or terminate the provision of loan guarantees, the 
President shall submit to the Speaker of the House of 
Representatives and the President Pro Tempore of the Senate his 
determination to do so, including the basis for such suspension 
or termination.
    (g) Procedures for Suspension or Termination.--Any 
suspension or termination pursuant to subsection (f) shall be 
in accordance with the following procedures:
          (1) Upon making a determination to suspend or 
        terminate the provision of loan guarantees, the 
        President shall submit to the Speaker of the House of 
        Representatives and the President Pro Tempore of the 
        Senate his determination to do so, including the basis 
        for such suspension or termination.
          (2) Such a suspension or termination shall cease to 
        be effective if Congress enacts, within 30 days of 
        submission, a joint resolution authorizing the 
        assistance notwithstanding the suspension.
          (3) Any such joint resolution shall be considered in 
        the Senate in accordance with the provisions of section 
        601(b) of the International Security Assistance and 
        Arms Export Control Act of 1976.
          (4) For the purpose of expediting the consideration 
        and enactment of joint resolutions under this 
        subsection, a motion to proceed to the consideration of 
        any such joint resolution after it has been reported by 
        the appropriate committee shall be treated as highly 
        privileged in the House of Representatives.
          (5) In the event that the President suspends the 
        provision of additional loan guarantees under 
        subsection (f) and Congress does not enact a joint 
        resolution pursuant to this subsection, the provision 
        of additional loan guarantees under the program 
        established by this section may be resumed only if the 
        President determines and so reports to Congress that 
        the reasons for the suspension have been resolved or 
        that the resumption is otherwise in the national 
        interest.
  (h) Economic Context.--The effective absorption of immigrants 
into Israel from the republics of the former Soviet Union and 
Ethiopia within the private sector requires large investment 
and economic restructuring to promote market efficiency and 
thereby contribute to productive employment and sustainable 
growth. Congress recognizes that the Government of Israel is 
developing an economic strategy designed to achieve these 
goals, and that the Government of Israel intends to adopt a 
comprehensive, multi-year economic strategy based on prudent 
macroeconomic policies and structural reforms. Congress also 
recognizes that these policies are being designed to reduce 
direct involvement of the government in the economic system and 
to promote private enterprise, important prerequisites for 
economic stability and sustainable growth.
  (i) Consultations.--It is the sense of the Congress that, as 
agreed between the two Governments and in order to further the 
policies specified in subsection (h), Israel and the United 
States should continue to engage in consultations concerning 
economic and financial measures, including structural and other 
reforms, that Israel should undertake during the pendency of 
this program to enable its economy to absorb and resettle 
immigrants and to accommodate the increased debt burden that 
will result from loans guaranteed pursuant to this section. It 
is the sense of the Congress that these consultations on 
economic measures should address progress and plans in the 
areas of budget policies, privatization, trade liberalization, 
financial and capital markets, labor markets, competition 
policy, and deregulation.
  (j) Goods and Services.--During the pendency of the loan 
program authorized under this section, it is anticipated that, 
in the context of the economic reforms undertaken pursuant to 
subsections (h) and (i) of this section, Israel's increased 
population due to its absorption of immigrants, and the 
liberalization by the Government of Israel of its trade policy 
with the United States, the amount of United States investment 
goods and services purchased for use in or with respect to the 
country of Israel will substantially increase.
  (k) Reports.--The President shall report to Congress by 
December 31 of each fiscal year until December 31, 1999, 
regarding the implementation of this section.
    (l) Applicability of Foreign Assistance Act Authorities.--
Section 223 of the Foreign Assistance Act shall apply to 
guarantees issued under subsection (a) in the same manner as 
such section applies to guarantees issued under section 222, 
except that subsections (a), (e)(1), (g), and (j) of section 
223 shall not apply to such guarantees and except that, to the 
extent section 223 is inconsistent with the Federal Credit 
Reform Act of 1990, that Act shall apply. Loans shall be 
guaranteed under this section without regard to sections 221, 
222, and 238(c). Notwithstanding section 223(f), the interest 
rate for loans guaranteed under this section may include a 
reasonable fee to cover the costs and fees incurred by the 
borrower in connection with this program or financing under 
this section in the event the borrower elects not to finance 
such costs or fees out of loan principal. Guarantees once 
issued hereunder shall be unconditional and fully and freely 
transferable.
    (m) Terms and Conditions.--
          (1) Each loan guarantee issued under this section 
        shall guarantee 100 percent of the principal and 
        interest payable on such loans.
          (2) The standard terms of any loan or increment 
        guaranteed under this section shall be 30 years with 
        semiannual payments of interest only over the first 10 
        years, and with semiannual payments of principal and 
        interest on a level payment basis, over the last 20 
        years thereof, except that the guaranteed loan or any 
        increments issued in a single transaction may include 
        obligations having different maturities, interest 
        rates, and payment terms if the aggregate scheduled 
        debt service for all obligations issued in a single 
        transaction equals the debt service for a single loan 
        or increment of like amount having the standard terms 
        described in this sentence. The guarantor shall not 
        have the right to accelerate any guaranteed loan or 
        increment or to pay any amounts in respect of the 
        guarantees issued other than in accordance with the 
        original payment terms of the loan. For purposes of 
        determining the maximum principal amount of any loan or 
        increment to be guaranteed under this section, the 
        principal amount of each such loan or increment shall 
        be--
                  (A) in the case of any loan issued on a 
                discount basis, the original issue price 
                (excluding any transaction costs) thereof; or
                  (B) in the case of any loan issue on an 
                interest-bearing basis, the stated principal 
                amount thereof.

        Title IV--Overseas Private Investment Corporation \171\

    Sec. 231.\172\ Creation, Purpose and Policy.--To mobilize 
and facilitate the participation of United States private 
capital and skills in the economic and social development \173\ 
of less developed countries and areas, and countries in 
transition from nonmarket to market economies,\174\ thereby 
complementing the development assistance objectives of the 
United States, there is hereby created the Overseas Private 
Investment Corporation (hereinafter called the 
``Corporation''), which shall be an agency of the United States 
under the policy guidance of the Secretary of State.

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    \171\ A new title IV was added by sec. 105 of the FA Act of 1969. 
Prior to this, title IV had been titled ``Surveys of Investment 
Opportunities.'' For Executive Order concerning OPIC, see Legislation 
on Foreign Relations Through 1997, vol. I-B.
    Title IV was amended extensively by title I of S. 2757 and title I 
of H.R. 5263, both enacted by reference in the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1989 (Public 
Law 100-461; 102 Stat. 2268):
    ``Sec. 555. * * * Provided further, That title I of H.R. 5263 as 
passed by the House of Representatives on September 20, 1988, is hereby 
enacted into law: Provided further, That purchases, investments or 
other acquisitions of equity by the fund created by section 104 of H.R. 
5263 as hereby enacted are limited to such amounts as may be provided 
in advance in appropriations Acts: Provided further, That 
notwithstanding any other provision of this Act, titles I and III of S. 
2757 as reported by the Senate Committee on Foreign Relations on 
September 7, 1988, are hereby enacted into law: Provided further, That 
purchases, investments or other acquisitions of equity by the fund 
created by section 104 of S. 2757 as hereby enacted are limited to such 
amounts as may be provided in advance in appropriations Acts: * * *.''.
    Except in two instances, title I, S. 2757 and title I, H.R. 5263 
are identical. Sec. 106 in each title amended sec. 235(a)(2) of the FA 
Act of 1961. Sec. 235(a)(2) was previously amended by Public Law 100-
418, sec. 2203(b)(1)(A); H.R. 5263 took this into account. Public Law 
100-418, sec. 2203(b)(1)(B) redesignated sec. 235(a)(5) of the FA Act 
of 1961 as sec. 235(a)(6). Sec. 107 in S. 2757 and H.R. 5263 amended 
this section, but H.R. 5263 took into account the redesignation by 
Public Law 100-418. Title III of S. 2757, which addresses the 
implementation of certain USIA Exchange Visitor Programs, is in 
Legislation on Foreign Relations Through 1997, vol. II, sec. E.
    \172\ 22 U.S.C. 2191. Sec. 231 was added by sec. 105 of the FA Act 
of 1969.
    \173\ Sec. 2(1)(A) of the OPIC Amendments Act of 1974 (Public Law 
93-390; 83 Stat. 809) substituted ``development'' in lieu of 
``progress''.
    \174\ Sec. 101 of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3651) struck out ``friendly countries and areas,'' 
and inserted in lieu thereof ``countries and areas, and countries in 
transition from nonmarket to market economies,''.
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    The \175\ Corporation, in determining whether to provide 
insurance, financing, or reinsurance for a project, shall 
especially--

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    \175\ This paragraph was added by sec. 2(1) of Public Law 95-268 
(92 Stat. 213).
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          (1) be guided by the economic and social development 
        impact and benefits of such a project and the ways in 
        which such a project complements, or is compatible 
        with, other development assistance programs or projects 
        of the United States or other donors;
          (2) give preferential consideration to investment 
        projects in less developed countries that have per 
        capita incomes of $984 or less in 1986 United States 
        dollars, and restrict its activities with respect to 
        investment projects in less developed countries that 
        have per capita incomes of $4,269 or more in 1986 
        United States dollars (other than countries designated 
        as beneficiary countries under section 212 of the 
        Caribbean Basin Economic Recovery Act (19 U.S.C. 2702), 
        Ireland, and Northern Ireland); and \176\

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    \176\ The per capita income levels were increased from $896 and 
$3,887 in 1983 U.S. dollars by sec. 102 of the OPIC Amendments Act of 
1988, S. 2757, enacted into law by reference in the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1989 (Public 
Law 100-461; 102 Stat. 2268). Sec. 102 also added ``(other than 
countries designated as beneficiary countries under section 212 of the 
Caribbean Basin Economic Recovery Act (19 U.S.C. 2702))''. Previously 
the per capita income levels were increased from $680 and $2,950 in 
1979 U.S. dollars to $896 and $3,887 in 1983 U.S. dollars by sec. 3 of 
the OPIC Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1669), and 
from $520 and $1,000 in 1975 U.S. dollars to $680 and $2,950 in 1979 
U.S. dollars, respectively, by sec. 2(1) of the OPIC Amendments Act of 
1981 (Public Law 97-65; 95 Stat. 1021).
    Sec. 105 of the Jobs Through Trade Expansion Act of 1994 (Public 
Law 103-392; 108 Stat. 4099) inserted ``, Ireland, and Northern 
Ireland'' in the parentheses.
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          (3) \177\ ensures that the project is consistent with 
        the provisions of section 117 \177\ (as so redesignated 
        by the Special Foreign Assistance Act of 1986), section 
        118, and section 119 of this Act relating to the 
        environment and natural resources of, and tropical 
        forests and endangered species \177\ in, developing 
        countries, and consistent with the intent of 
        regulations issued pursuant to sections 118 and 119 of 
        this Act.

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    \177\ Par. (3) was added by sec. 4(a)(1)(C) of the OPIC Amendments 
Act of 1985 (Public Law 99-204; 99 Stat. 1669). The OPIC Amendments Act 
of 1988, S. 2757, enacted into law by reference in the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1989 (Public Law 100-461; 102 Stat. 2268), made a correction to include 
section 117. S. 2757 also struck out ``biological diversity'' and 
inserted in lieu thereof ``tropical forests and endangered species''.
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    In carrying out its purpose, the Corporation, utilizing 
broad criteria, shall undertake--
          (a) \178\ to conduct financing, insurance, and 
        reinsurance operations on a self-sustaining basis, 
        taking into account in its financing operations the 
        economic and financial soundness of projects;

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    \178\ Subsec. (a) was amended by sec. 2(1)(B) of the OPIC 
Amendments Act of 1974 (Public Law 93-390; 83 Stat. 809). It formerly 
read as follows: ``(a) to conduct financial soundness of projects and 
the availability of financing from other sources on appropriate 
terms;''.
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          (b) to utilize private credit and investment 
        institutions and the Corporation's guaranty authority 
        as the principal means of mobilizing capital investment 
        funds;
          (c) to broaden private participation and revolve its 
        funds through selling its direct investments to private 
        investors whenever it can appropriately do so on 
        satisfactory terms;
          (d) to conduct its insurance operations with due 
        regard to principles of risk management including \179\ 
        efforts to share its insurance risks and reinsurance 
        \180\ risks;

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    \179\ Sec. 2(1)(C) of the OPIC Amendments Act of 1974 (Public Law 
93-390) struck the words, ``when appropriate,'' which appeared at this 
point.
    \180\ Sec. 2(1)(C) of the OPIC Amendments Act of 1974 (Public Law 
93-390) added the words ``and reinsurance''.
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          (e) \181\ to the maximum degree possible consistent 
        with its purposes--

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    \181\ Subsec. (e), as amended by Public Law 93-390, was amended and 
restated by sec. 2(2) of Public Law 95-268 (92 Stat. 213). It formerly 
read as follows:
    ``(e) to give preferential consideration in its investment 
insurance, financing, and reinsurance activities (to the maximum extent 
practicable consistent with the Corporation's purposes) to investment 
projects involving businesses of not more than $2,500,000 net worth or 
with not more than $7,500,000 in total assets;''.
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                  (1) to give preferential consideration in its 
                investment insurance, reinsurance, and guaranty 
                activities to investment projects sponsored by 
                or involving United States small business; and
                  (2) to increase the proportion of projects 
                sponsored by or significantly involving United 
                States small business to at least 30 percent of 
                all projects insured, reinsured, or guaranteed 
                by the Corporation;
          (f) \182\ to consider in the conduct of its 
        operations the extent to which less developed country 
        governments are receptive to private enterprise, 
        domestic and foreign, and their willingness and ability 
        to maintain conditions which enable private enterprise 
        to make its full contribution to the development 
        process;

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    \182\ Sec. 2(5) of Public Law 95-268 (92 Stat. 214) struck subsecs. 
(f) and (l) and redesignated subsecs. (g) through (n) as (f) through 
(l), respectively. Subsecs. (f) and (l) formerly read as follows:
    ``(f) to encourage and support only those private investments in 
less developed friendly countries and areas which are sensitive and 
responsive to the special needs and requirements of their economies, 
and which contribute to the social and economic development of their 
people;''
    ``(l) to the maximum extent practicable, to give preferential 
consideration in the Corporation's investment insurance, financing, and 
reinsurance activities to investment projects in the less developed 
friendly countries which have per capita incomes of $450 or less in 
1973 United States dollars; and''.
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          (g) \182\ to foster private initiative and 
        competition and discourage monopolistic practices;
          (h) \182\ to further to the greatest degree possible, 
        in a manner consistent with its goals, the balance-of-
        payments and employment \183\ objectives of the United 
        States;

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    \183\ Sec. 2(1)(E) of the OPIC Amendments Act of 1974 (Public Law 
93-390) added the words ``and employment''.
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          (i) \182\ to conduct its activities in consonance 
        with the activities of the agency primarily responsible 
        for administering part I and the international trade, 
        investment, and financial policies of the United States 
        Government, and to seek to support those developmental 
        projects having positive trade benefits for the United 
        States; \184\

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    \184\ The words ``, and to seek to support those developmental 
projects having positive trade benefits for the United States'' were 
added by sec. 2(2) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1021).
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          (j) \182\ to advise and assist, within its field of 
        competence, interested agencies of the United States 
        and other organizations, both public and private, 
        national and international, with respect to projects 
        and programs relating to the development of private 
        enterprise in less developed countries and areas;
          (k) \185\ (1) to decline to issue any contract of 
        insurance or reinsurance, or any guaranty, or to enter 
        into any agreement to provide financing for an eligible 
        investor's proposed investment if the Corporation 
        determines that such investment is likely to cause such 
        investor (or the sponsor of an investment project in 
        which such investor is involved) significantly to 
        reduce the number of his employees in the United States 
        because he is replacing his United States production 
        with production from such investment which involves 
        substantially the same product for substantially the 
        same market as his United States production; and (2) to 
        monitor conformance with the representations of the 
        investor on which the Corporation relied in making the 
        determination required by clause (1);

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    \185\ This subsection was originally added as subsec. (m) by sec. 
2(1)(H) of the OPIC Amendments Act of 1974 (Public Law 93-390). It was 
redesignated as subsec. (k) by sec. 2(5) of Public Law 95-268; 92 Stat. 
214.
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          (l) \186\ to decline to issue any contract of 
        insurance or reinsurance, or any guaranty, or to enter 
        into any agreement to provide financing for an eligible 
        investor's proposed investment if the Corporation 
        determines that such investment is likely to cause a 
        significant reduction in the number of employees in the 
        United States;

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    \186\ This subsection was added as subsec. (n) by sec. 2(4) of 
Public Law 95-268 (92 Stat. 213), and redesignated as subsec. (l) by 
sec. 2(5) of the same Act.
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          (m) \187\ to refuse to insure, reinsure, or finance 
        any investment subject to performance requirements 
        which would reduce substantially the positive trade 
        benefits likely to accrue to the United States from the 
        investment; and

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    \187\ Subsec. (m) was added by sec. 2(3)(C) of the OPIC Amendments 
Act of 1981 (Public Law 97-65; 95 Stat. 1021).
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          (n) \188\ to refuse to insure, reinsure, guarantee, 
        or finance any investment in connection with a project 
        which the Corporation determines will pose an 
        unreasonable or major environmental, health, or safety 
        hazard, or will result in the significant degradation 
        of national parks or similar protected areas.

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    \188\ Sec. 4(a)(4) of the OPIC Amendments Act of 1985 (Public Law 
99-204; 99 Stat. 1669) added subsec. (n).
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    Sec. 231A.\189\ Additional Requirements.--(a) Worker 
Rights.--

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    \189\ 22 U.S.C. 2191a. Sec. 231A was added by sec. 5(a) of the OPIC 
Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1670). Sec. 5(b) of 
the Act provides that sec. 231A(a) ``shall not apply to projects 
insured, reinsured, guaranteed, or financed before the date of the 
enactment of this Act.''.
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          (1) Limitation on OPIC Activities.--The Corporation 
        may insure, reinsure, guarantee, or finance a project 
        only if the country in which the project is to be 
        undertaken is taking steps to adopt and implement laws 
        that extend internationally recognized worker rights, 
        as defined in section 507(4) of the Trade Act of 
        1974,\190\ to workers in that country (including any 
        designated zone in that country). The Corporation shall 
        also include the following language, in substantially 
        the following form, in all contracts which the 
        Corporation enters into with eligible investors to 
        provide financial support under this title: \191\

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    \190\ Sec. 1954(b)(3)(A) of Public Law 104-188 (110 Stat. 1928) 
struck out ``502(a)(4) of the Trade Act of 1974 (19 U.S.C. 
2462(a)(4))'' and inserted in lieu thereof ``507(4) of the Trade Act of 
1974''.
    \191\ Sec. 102(a) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3651) added the last sentence, including the 
language required in contracts, to sec. 231A(a)(1).
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          ``The investor agrees not to take actions to prevent 
        employees of the foreign enterprise from lawfully 
        exercising their right of association and their right 
        to organize and bargain collectively. The investor 
        further agrees to observe applicable laws relating to a 
        minimum age for employment of children, acceptable 
        conditions of work with respect to minimum wages, hours 
        of work, and occupational health and safety, and not to 
        use forced labor. The investor is not responsible under 
        this paragraph for the actions of a foreign 
        government.''
          (2) Use of Annual Reports on Workers Rights.--The 
        Corporation shall, in making its determinations under 
        paragraph (1), use the reports submitted to the 
        Congress pursuant to section 504 of the Trade Act of 
        1974.\192\ The restriction set forth in paragraph (1) 
        shall not apply until the first such report is 
        submitted to the Congress.

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    \192\ Sec. 1954(b)(3)(B) of Public Law 104-188 (110 Stat. 1928) 
struck out ``505(c) of the Trade Act of 1974 (19 U.S.C. 2465(c))'' and 
inserted in lieu thereof ``504 of the Trade Act of 1974''.
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          (3) Waiver.--Paragraph (1) shall not prohibit the 
        Corporation from providing any insurance, reinsurance, 
        guaranty, or financing with respect to a country if the 
        President determines that such activities by the 
        Corporation would be in the national economic interests 
        of the United States. Any such determination shall be 
        reported in writing to the Congress, together with the 
        reasons for the determination.\193\
---------------------------------------------------------
    \193\ The President determined ``that the waiver of section 
231A(a)(1) with respect to Nicaragua, permitting the Overseas Private 
Investment Corporation to insure, reinsure, guaranty, and finance 
projects in Nicaragua, is in the national economic interests of the 
United States.'' (Presidential Determination 90-24 of June 21, 1990; 55 
F.R. 27631).
---------------------------------------------------------
          (4) \194\ In making a determination under this 
        section for the People's Republic of China, the 
        Corporation shall discuss fully and completely the 
        justification for making such determination with 
        respect to each item set forth in subparagraphs (A) 
        through (E) of section 507(4) \195\ of the Trade Act of 
        1974.
---------------------------------------------------------
    \194\ Sec. 231A(a)(4) was added by sec. 2203(c) of Public Law 100-
418 (102 Stat. 1328).
    Sec. 902(a)(1) of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 83) continued a 
suspension of OPIC's issuing new insurance, reinsurance, guarantees, 
financing, or other financial support to the People's Republic of China 
until the President reported to the Congress under subsec. (b) of that 
sec. that China had made certain political reforms, or that such 
assistance was in the national interest of the United States. For text 
of sec. 902, see Legislation on Foreign Relations Through 1997, vol. 
II, sec. D.
    \195\ Sec. 1954(b)(3)(C) of Public Law 104-188 (110 Stat. 1928) 
struck out ``502(a)(4)'' and inserted in lieu thereof ``507(4)''.
---------------------------------------------------------
    (b) Public Hearings.--The Board shall hold at least one 
public hearing each year in order to afford an opportunity for 
any person to present views as to whether the Corporation is 
carrying out its activities in accordance with section 231 and 
this section or whether any investment in a particular country 
should have been or should be extended insurance, reinsurance, 
guarantees, or financing under this title.
    Sec. 232.\196\ Capital of the Corporation.--The President 
is authorized to pay in as capital of the Corporation, out of 
dollar receipts made available through the appropriation 
process from loans made pursuant to this part and from loans 
made under the Mutual Security Act of 1954, as amended, for the 
fiscal year 1970 not to exceed $20,000,000 and for the fiscal 
year 1971 not to exceed $20,000,000. Upon the payment of such 
capital by the President, the Corporation shall issue an 
equivalent amount of capital stock to the Secretary of the 
Treasury.
---------------------------------------------------------
    \196\ 22 U.S.C. 2192. Sec. 232 was added by sec. 105 of the FA Act 
of 1969.
---------------------------------------------------------
    Sec. 233.\197\ Organization and Management.--(a) Structure 
of the Corporation.--The Corporation shall have a Board of 
Directors, a President, an Executive Vice President, and such 
other officers and staff as the Board of Directors may 
determine.
---------------------------------------------------------
    \197\ 22 U.S.C. 2193. Sec. 233 was added by sec. 105 of the FA Act 
of 1969.
---------------------------------------------------------
    (b) Board of Directors.--All powers of the Corporation 
shall vest in and be exercised by or under the authority of its 
Board of Directors (``the Board'') which shall consist of 
fifteen Directors,\198\ including the Chairman, with eight 
Directors \199\ constituting a quorum for the transaction of 
business. The Administrator of the Agency for International 
Development shall be the Chairman of the Board, ex 
officio.\200\ The United States Trade Representative shall be 
the Vice Chairman of the Board, ex officio, except that the 
United States Trade Representative may designate the Deputy 
United States Trade Representative to serve as Vice Chairman of 
the Board in place of the United States Trade 
Representative.\201\ Eight Directors \199\ (other than the 
President of the Corporation, appointed pursuant to subsection 
(c) who shall serve as a Director ex officio) \202\ shall be 
appointed by the President of the United States, by and with 
the advice and consent of the Senate, and shall not be 
officials or employees of the Government of the United States. 
At least two of the eight Directors \203\ appointed under the 
preceding sentence shall be experienced in small business, one 
in organized labor, and one in cooperatives. Each such Director 
shall be appointed for a term of no more than three years. The 
terms of no more than three such Directors \204\ shall expire 
in any one year. Such Directors shall serve until their 
successors are appointed and qualified and may be reappointed.
---------------------------------------------------------
    \198\ The number of Directors was increased from 11 to 15 by sec. 
3(a)(1) of the OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 
1021), effective Oct. 1, 1981.
    \199\ The number of Directors was increased from six to eight by 
sec. 3(a) of the OPIC Amendments Act of 1981 (Public Law 97-65; 95 
Stat. 1021), effective Oct. 1, 1981.
    \200\ This function of the Administrator was transferred to the 
Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 
1979 (establishing IDCA).
    \201\ This sentence was added by sec. 3(a)(2) of the OPIC 
Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1021), effective 
Oct. 1, 1981.
    \202\ The words ``ex officio'' were added by sec. 3(a)(5) of the 
OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1022), 
effective Oct. 1, 1981.
    \203\ The number of Directors was increased from one of the six to 
two of the eight by sec. 3(a) of the OPIC Amendments Act of 1981 
(Public Law 97-65; 95 Stat. 1022), effective Oct. 1, 1981.
    \204\ The number of Directors was increased from two to three by 
sec. 3(a)(3) of the OPIC Amendments Act of 1981 (Public Law 97-65; 95 
Stat. 1022), effective Oct. 1, 1981.
---------------------------------------------------------
    The other Directors shall be officials of the Government of 
the United States, including an official of the Department of 
Labor,\205\ designated by and serving at the pleasure of the 
President of the United States.
---------------------------------------------------------
    \205\ The reference to an official of the Department of Labor was 
added by sec. 3(b) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1022), effective Oct. 1, 1981.
---------------------------------------------------------
    All Directors who are not officers of the Corporation or 
officials of the Government of the United States shall be 
compensated at a rate equivalent to that of level IV of the 
Executive Schedule (5 U.S.C. 5315) \206\ when actually engaged 
in the business of the Corporation and may be paid per diem in 
lieu of subsistence at the applicable rate prescribed in the 
standardized Government travel regulations, as amended, from 
time to time, while away from their homes or usual places of 
business.
---------------------------------------------------------
    \206\ The current rate of compensation at level IV of the Executive 
Schedule is $118,400 per annum (Executive Order 13071, 62 F.R. 68521, 
December 29, 1997).
---------------------------------------------------------
    (c) President of the Corporation.--The President of the 
Corporation shall be appointed by the President of the United 
States, by and with the advice and consent of the Senate, and 
shall serve at the pleasure of the President. In making such 
appointment, the President shall take into account private 
business experience of the appointee. The President of the 
Corporation shall be its Chief Executive Officer and 
responsible for the operations and management of the 
Corporation, subject to bylaws and policies established by the 
Board.
    (d) Officers and Staff.--The Executive Vice President of 
the Corporation shall be appointed by the President of the 
United States, by and with the advice and consent of the 
Senate, and shall serve at the pleasure of the President. Other 
officers, attorneys, employees, and agents shall be selected 
and appointed by the Corporation, and shall be vested with such 
powers and duties as the Corporation may determine. Of such 
persons employed by the Corporation, not to exceed twenty may 
be appointed, compensated, or removed without regard to the 
civil service laws and regulations: Provided, That under such 
regulations as the President of the United States may 
prescribe, officers and employees of the United States 
Government who are appointed to any of the above positions may 
be entitled, upon removal from such position, except for cause, 
to reinstatement to the position occupied at the time of 
appointment or to a position of comparable grade and salary. 
Such positions shall be in addition to those otherwise 
authorized by law, including those authorized by section 5108 
of title 5 of the United States Code.
    Sec. 234.\207\ Investment Insurance and Other 
Programs.\208\--The Corporation is hereby authorized to do the 
following:
---------------------------------------------------------
    \207\ 22 U.S.C. 2194. Sec. 234 was added by sec. 105 of the FA Act 
of 1969.
    \208\ Sec. 2(2)(A) of the OPIC Amendments Act of 1974 (Public Law 
93-390) inserted section title ``Investment Insurance and Other 
Programs'' in lieu of ``Investment Incentive Programs''.
---------------------------------------------------------
    (a) \209\ Investment Insurance.--(1) To issue insurance, 
upon such terms and conditions as the Corporation may 
determine, to eligible investors assuring protection in whole 
or in part against any or all of the following risks with 
respect to projects which the Corporation has approved--
---------------------------------------------------------
    \209\ Sec. 5(b)(2) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1023) provided:
    ``(2) The authority of the Overseas Private Investment Corporation 
to enter into contracts under section 234(a) of the Foreign Assistance 
Act of 1961 shall be effective for any fiscal year beginning after 
September 30, 1981, only to such extent or in such amounts as are 
provided in appropriation Acts.''.
---------------------------------------------------------
          (A) inability to convert into United States dollars 
        other currencies, or credits in such currencies, 
        received as earnings or profits from the approved 
        project, as repayment or return of the investment 
        therein, in whole or in part, or as compensation for 
        the sale or disposition of all or any part thereof;
          (B) loss of investment, in whole or in part, in the 
        approved project due to expropriation or confiscation 
        by action of a foreign government;
          (C) loss due to war, revolution, insurrection or 
        civil strife; and \210\
---------------------------------------------------------
    \210\ The reference to civil strife was added by sec. 4(a)(1) of 
the OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1022).
---------------------------------------------------------
          (D) \211\ loss due to business interruption caused by 
        any of the risks set forth in subparagraphs (A), (B), 
        and (C).
---------------------------------------------------------
    \211\ Sec. 6(a)(1)(D) of the OPIC Amendments Act of 1985 (Public 
Law 99-204; 99 Stat. 1671) added subpar. (D)
---------------------------------------------------------
    (2) \212\ Recognizing that major private investments in 
less developed friendly countries or areas are often made by 
enterprises in which there is multinational participation, 
including significant United States private participation, the 
Corporation may make arrangements with foreign governments 
(including agencies, instrumentalities, or political 
subdivisions thereof) or with multilateral organizations and 
institutions for sharing liabilities assumed under investment 
insurance for such investments and may in connection therewith 
issue insurance to investors not otherwise eligible hereunder, 
except that liabilities assumed by the Corporation under the 
authority of this subsection shall be consistent with the 
purposes of this title and that the maximum share of 
liabilities so assumed shall not exceed the proportionate 
participation by eligible investors in the project.\213\
---------------------------------------------------------
    \212\ Subsec. (a)(2) was amended by sec. 2(2)(B) of the OPIC 
Amendments Act of 1974 (Public Law 93-390). It formerly read as 
follows: ``(2) Recognizing that major private investments in less 
developed friendly countries in areas are often made by enterprises in 
which there is multinational participation, including significant 
United States private participation, the Corporation may make such 
arrangements with foreign governments (including agencies, 
instrumentalities, or political subdivisions thereof) or with 
multilateral organizations for sharing liabilities assumed under 
investment insurance for such investments and may in connection 
therewith issue insurance to investors not otherwise eligible 
hereunder: Provided, however, That liabilities assumed by the 
Corporation under the authority of this subsection shall be consistent 
with the purposes of this title and that the maximum share of 
liabilities so assumed shall not exceed the proportionate participation 
by eligible investors in the total project financing.''.
    \213\ The words ``total'' and ``financing'', which previously 
appeared immediately before and after the word ``project'', were 
deleted by sec. 4(a)(2) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1022).
    Sec. 3(1) of Public Law 95-268 (92 Stat. 214) struck out the 
following words that previously appeared at this point: ``and that the 
maximum share of liabilities so assumed under paragraph (1) (A) and (B) 
of paragraph (1)(C) shall not exceed the Corporation's proportional 
share of such liabilities as specified in paragraph (4) or (5) of this 
subsection.''.
---------------------------------------------------------
    (3) Not more than 10 per centum of the maximum contingent 
liability \214\ of investment insurance which the Corporation 
is permitted to have outstanding under section 235(a)(1) \215\ 
shall be issued to a single investor.
---------------------------------------------------------
    \214\ The words ``maximum contingent liability'' were substituted 
in lieu of ``total face amount'' by sec. 3(2) of Public Law 95-268 (92 
Stat. 214).
    \215\ The words ``permitted to have outstanding under sec. 
235(a)(1)'' were inserted in lieu of the words ``authorized to issue 
under this subsection'' by sec. 4(a)(3) of the OPIC Amendments Act of 
1981 (Public Law 97-65; 95 Stat. 1022).
---------------------------------------------------------
    (4) \216\ Before issuing insurance for the first time for 
loss due to business interruption, and in each subsequent 
instance in which a significant expansion is proposed in the 
type of risk to be insured under the definition of ``civil 
strife'' or ``business interruption'', the Corporation shall, 
at least sixty days before such insurance is issued, submit to 
the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs \217\ of the House of 
Representatives a report with respect to such insurance, 
including a thorough analysis of the risks to be covered, 
anticipated losses, and proposed rates and reserves and, in the 
case of insurance for loss due to business interruption, an 
explanation of the underwriting basis upon which the insurance 
is to be offered. Any such report with respect to insurance for 
loss due to business interruption shall be considered in 
accordance with the procedures applicable to reprogramming 
notifications pursuant to section 634A of this Act.\218\
---------------------------------------------------------
    \216\ Pars. (4) through (7), which had been added by the OPIC 
Amendments Act of 1974 (Public Law 93-390) and had appeared at this 
point, were struck by sec. 3(3) of Public Law 95-268 (92 Stat. 214). 
This new par. (4) was added by sec. 4(a)(4) of the OPIC Amendments Act 
of 1981 (Public Law 97-65; 95 Stat. 1022). Subsequently, sec. 
6(a)(2)(A) and (B) of the OPIC Amendments Act of 1985 (Public Law 99-
204; 99 Stat. 1671) inserted ``insurance for the first time loss due to 
business interruption'' in lieu of ``civil strife insurance for the 
first time'' and replaced ``definition of civil strife'' with 
``definition of `civil strife' or `business interruption'''.
    \217\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
    \218\ Sec. 6(a)(2) (C) and (D) of the OPIC Amendments Act of 1985 
(Public Law 99-204; 99 Stat. 1671) added the text from the word 
``reserves'' to the end of para. (4).
---------------------------------------------------------
    (b) Investment Guaranties.--To issue to eligible investors 
guaranties of loans and other investments made by such 
investors assuring against loss due to such risks and upon such 
terms and conditions as the Corporation may determine: 
Provided, however, That such guaranties on other than loan 
investments shall not exceed 75 per centum of such investment: 
Provided further, That except for loan investments for credit 
unions made by eligible credit unions or credit union 
associations, the aggregate amount of investment (exclusive of 
interest and earnings) so guaranteed with respect to any 
project shall not exceed, at the time of issuance of any such 
guaranty, 75 per centum of the total investment committed to 
any such project as determined by the Corporation, which 
determination shall be conclusive for purposes of the 
Corporation's authority to issue any such guaranty: Provided 
further, That not more than 15 \219\ per centum of the maximum 
contingent liability of investment guaranties which the 
Corporation is permitted to have outstanding under section 
235(a)(2) \220\ shall be issued to a single investor.
---------------------------------------------------------
    \219\ Sec. 7 of the OPIC Amendments Act of 1985 (Public Law 99-204; 
99 Stat. 1672) changed the per centum from 10 to 15.
    \220\ The words ``permitted to have outstanding under section 
235(a)(2)'' were inserted in lieu of the words ``authorized to issue 
under this subsection'' by sec. 4(b) of the OPIC Amendments Act of 1981 
(Public Law 97-65; 95 Stat. 1022).
---------------------------------------------------------
    (c) Direct Investment.--To make loans in United States 
dollars repayable in dollars or loans in foreign currencies 
(including, without regard to section 1415 of the Supplemental 
Appropriation Act, 1953, such foreign currencies which the 
Secretary of the Treasury may determine to be excess to the 
normal requirements of the United States and the Director of 
the Bureau of the Budget may allocate) to firms privately owned 
or of mixed private and public ownership upon such terms and 
conditions as the Corporation may determine.\221\ Loans may be 
made under this subsection only for projects that are sponsored 
by or significantly involve United States small business or 
cooperatives.\222\
---------------------------------------------------------
    \221\ Sec. 104 of the OPIC Amendments Act of 1988, S. 2757, enacted 
into law by reference in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268), struck out the following which previously appeared at this 
point: ``The Corporation may not purchase or invest in any stock in any 
other corporation, except that it may (1) accept as evidence of 
indebtedness debt securities convertible to stock, but such debt 
securities shall not be converted to stock while held by the 
Corporation, and (2) acquire stock through the enforcement of any lien 
or pledge or otherwise to satisfy a previously contracted indebtedness 
which would otherwise be in default, or as the result of any payment 
under any contract of insurance or guaranty. The Corporation shall 
dispose of any stock it may so acquire as soon as reasonably feasible 
under the circumstances then pertaining.''.
    \222\ This sentence was added by sec. 3(4) of Public Law 95-268 (92 
Stat. 214).
---------------------------------------------------------
    The Corporation may designate up to 25 percent of any loan 
under this subsection for use in the development or adaptation 
in the United States of new technologies or new products or 
services that are to be used in the project for which the loan 
is made and are likely to contribute to the economic or social 
development of less developed countries.\223\
---------------------------------------------------------
    \223\ This paragraph was added by sec. 103 of the OPIC Amendments 
Act of 1988, S. 2757, enacted into law by reference in the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1989 (Public Law 100-461; 102 Stat. 2268).
---------------------------------------------------------
    No loan may be made under this subsection to finance any 
operation for the extraction of oil or gas. The aggregate 
amount of loans under this subsection to finance operations for 
the mining or other extraction of any deposit of ore or other 
nonfuel minerals may not in any fiscal year exceed 
$4,000,000.\224\
---------------------------------------------------------
    \224\ Sec. 3(5) of Public Law 95-268 (92 Stat. 214) inserted this 
paragraph in lieu of the following:
    ``No loans shall be made under this section to finance operations 
for mining or other extraction of any deposit of ore, oil, gas, or 
other mineral.''.
---------------------------------------------------------
    (d) Investment Encouragement.--To initiate and support 
through financial participation, incentive grant, or otherwise, 
and on such terms and conditions as the Corporation may 
determine, the identification, assessment, surveying and 
promotion of private investment opportunities, utilizing 
wherever feasible and effective the facilities of private 
investors, except that--
          (1) the Corporation shall not finance any survey to 
        ascertain the existence, location, extent, or quality 
        of, or to determine the feasibility of undertaking 
        operations for the extraction of, oil or gas; and
          (2) expenditures financed by the Corporation during 
        any fiscal year on surveys to ascertain the existence, 
        location, extent, or quality of, or to determine the 
        feasibility of undertaking operations for the 
        extraction of nonfuel minerals may not exceed 
        $200,000.\225\
---------------------------------------------------------
    \225\ Sec. 3(6) of Public Law 95-268 (92 Stat. 214) struck out a 
proviso clause in subsec. (d) and added the words to this point 
beginning with ``, except that--''.
---------------------------------------------------------
    (e) Special Activities.--To administer and manage special 
projects and programs, including programs of financial and 
advisory support which provide private technical, professional, 
or managerial assistance in the development of human resources, 
skills, technology, capital savings and intermediate financial 
and investment institutions and cooperatives and including the 
initiation of incentives, grants, and studies for renewable 
energy and other small business activities.\226\ The funds for 
these projects and programs may, with the Corporation's 
concurrence, be transferred to it for such purposes under the 
authority of section 632(a) or from other sources, public or 
private. Administrative funds may not be made available for 
incentives, grants, and studies for renewable energy and other 
small business activities.\227\
---------------------------------------------------------
    \226\ Section 8(c) of the Renewable Energy and Energy Efficiency 
Technology Competitiveness Act of 1989 (Public Law 101-218; 103 Stat. 
1868) added text to the end of the sentence from ``and including''.
    \227\ Section 8(c) of the Renewable Energy and Energy Efficiency 
Technology Competitiveness Act of 1989 (Public Law 101-218; 103 Stat. 
1868) added the last sentence.
---------------------------------------------------------
    (f) \228\ Other Insurance Functions.--(1) To make and carry 
out contracts of insurance or reinsurance, or agreements to 
associate or share risks, with insurance companies, financial 
institutions, any other persons, or groups thereof, and 
employing the same where appropriate, as its agent, or acting 
as their agent, in the issuance and servicing of insurance, the 
adjustment of claims, the exercise of subrogation rights, the 
ceding and accepting of reinsurance, and in any other matter 
incident to an insurance business; except that such agreements 
and contracts shall be consistent with the purposes of the 
Corporation set forth in section 231 of this Act and shall be 
on equitable terms.\229\
---------------------------------------------------------
    \228\ Subsec. (f) was added by sec. 2(2)(D) of the OPIC Amendments 
Act of 1974 (Public Law 93-390).
    \229\ The words to this point beginning with ``; except that such 
agreements'' were added by sec. 3(6) of Public Law 95-268 (92 Stat. 
214). Subsequently, sec. 4(b)(2) of the OPIC Amendments Act of 1981 
(Public Law 97-65; 95 Stat. 1022) struck out the following text, as 
added by sec. 3(6) of Public Law 95-268: ``and (B) the Corporation 
shall not make or carry out any association or risk-sharing agreement 
for the direct underwriting of insurance by the Corporation with 
others, other than on an individual basis where such direct 
underwriting facilitates the purposes of the Corporation as set forth 
in section 231 of this Act.''.
---------------------------------------------------------
    (2) To enter into pooling or other risk-sharing agreements 
with \230\ multinational insurance or financing agencies or 
groups of such agencies.
---------------------------------------------------------
    \230\ Sec. 8 of the OPIC Amendments Act of 1985 (Public Law 99-204; 
99 Stat. 1672) deleted the words ``other national or'' which previously 
appeared at this point.
---------------------------------------------------------
    (3) To hold an ownership interest in any association or 
other entity established for the purposes of sharing risks 
under investment insurance.
    (4) To issue, upon such terms and conditions as it may 
determine, reinsurance of liabilities assumed by other insurers 
or groups thereof in respect of risks referred to in subsection 
(a)(1).
    The amount of reinsurance of liabilities under this title 
which the Corporation may issue shall not \231\ in the 
aggregate exceed at any one time an amount equal to the amount 
authorized for the maximum contingent liability outstanding at 
any one time under section 235(a)(1). All reinsurance issued by 
the Corporation under this subsection shall require that the 
reinsured party retain for his own account specified portions 
of liability, whether first loss or otherwise.\232\, 
\233\
---------------------------------------------------------
    \231\ The words ``exceed $600,000,000 in any one year, and the 
amount of such reinsurance shall not'', which previously appeared at 
this point, were struck out by sec. 4(b)(3)(A) of the OPIC Amendments 
Act of 1981 (Public Law 97-65; 95 Stat. 1022).
    \232\ The phrase ``and the Corporation shall endeavor to increase 
such specified portions to the maximum extent possible'', which 
previously appeared at this point, was struck out by sec. 4(b)(3)(B) of 
the OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1022).
    \233\ Sec. 104 of the OPIC Amendments Act of 1988, S. 2757, enacted 
into law by reference in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268), struck out the first sentence of this paragraph. It 
formerly read: ``The authority granted by paragraph (3) may be 
exercised notwithstanding the prohibition under subsection (c) against 
the Corporation purchasing or investing in any stock in any other 
corporation.''.
---------------------------------------------------------
    (g) \234\ Pilot Equity Finance Program.--
---------------------------------------------------------
    \234\ Subsec. (g) was added by sec. 104(3) of the OPIC Amendments 
Act of 1988, S. 2757, enacted into law by reference in the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1989 (Public Law 100-461; 102 Stat. 2268).
---------------------------------------------------------
          (1) Authority for pilot program.--In order to study 
        the feasibility and desirability of a program of equity 
        financing, the Corporation is authorized to establish a 
        4-year pilot program under which it may, on the limited 
        basis prescribed in paragraphs (2) through (5), 
        purchase, invest in, or otherwise acquire equity or 
        quasi-equity securities of any firm or entity, upon 
        such terms and conditions as the Corporation may 
        determine, for the purpose of providing capital for any 
        project which is consistent with the provisions of this 
        title except that--
                  (A) the aggregate amount of the Corporation's 
                equity investment with respect to any project 
                shall not exceed 30 percent of the aggregate 
                amount of all equity investment made with 
                respect to such project at the time that the 
                Corporation's equity investment is made, except 
                for securities acquired through the enforcement 
                of any lien, pledge, or contractual arrangement 
                as a result of a default by any party under any 
                agreement relating to the terms of the 
                Corporation's investment; and
                  (B) the Corporation's equity investment under 
                this subsection with respect to any project, 
                when added to any other investments made or 
                guaranteed by the Corporation under subsection 
                (b) or (c) with respect to such project, shall 
                not cause the aggregate amount of all such 
                investment to exceed, at the time any such 
                investment is made or guaranteed by the 
                Corporation, 75 percent of the total investment 
                committed to such project as determined by the 
                Corporation.
The determination of the Corporation under subparagraph (B) 
shall be conclusive for purposes of the Corporation's authority 
to make or guarantee any such investment.
          (2) Limitation to projects in sub-saharan africa and 
        caribbean basin.--Equity investments may be made under 
        this subsection only in projects in countries eligible 
        for financing under this title that are countries in 
        sub-Saharan Africa or countries designated as 
        beneficiary countries under section 212 of the 
        Caribbean Basin Economy Recovery Act.\235\
---------------------------------------------------------
    \235\ Should read ``Caribbean Basin Economic Recovery Act''; see 
Legislation on Foreign Relations Through 1997, vol. III, sec. J.
---------------------------------------------------------
          (3) Additional criteria.--In making investment 
        decisions under this subsection, the Corporation shall 
        give preferential consideration to projects sponsored 
        by or significantly involving United States small 
        business or cooperatives. The Corporation shall also 
        consider the extent to which the Corporation's equity 
        investment will assist in obtaining the financing 
        required for the project.
          (4) Disposition of equity interest.--Taking into 
        consideration, among other things, the Corporations' 
        financial interests and the desirability of fostering 
        the development of local capital markets in less 
        developed countries, the Corporation shall endeavor to 
        dispose of any equity interest it may acquire under 
        this subsection within a period of 10 years from the 
        date of acquisition of such interest.
    (c) \236\ Creation of Fund for Acquisition of Equity.--The 
Corporation is authorized to establish a revolving fund to be 
available solely for the purposes specified in this subsection 
and to make transfers to the fund of a total of $10,000,000 
(less amounts transferred to the fund before the date of the 
enactment of the Jobs Through Exports Act of 1992) from its 
noncredit account revolving fund. The Corporation shall 
transfer to the fund in each fiscal year all amounts received 
by the Corporation during the preceding fiscal year as income 
on securities acquired under this subsection, and from the 
proceeds on the disposition of such securities. Purchases of, 
investments in, and other acquisitions of equity from the fund 
are authorized for any fiscal year only to the extent or in 
such amounts as are provided in advance in appropriations Acts 
or are transferred to the Corporation pursuant to section 
632(a) of this Act.
---------------------------------------------------------
    \236\ Sec. 103 of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3651) amended and restated sec. 234(g)(5) as subsec. 
(c). Should probably be para. (5). Subsec. (g)(5) formerly read as 
follows:
    ``(5) Creation of fund from corporate revenues.--The Corporation is 
authorized to establish a fund to be available solely for the purposes 
specified in this subsection and to make a one-time transfer to the 
fund of $10,000,000 from its income and revenues.''.
---------------------------------------------------------
          (6) Consultations with congress.--The Corporation 
        shall consult annually with the Committee on Foreign 
        Affairs \237\ of the House of Representatives and the 
        Committee on Foreign Relations of the Senate on the 
        implementation of the pilot equity finance program 
        established under this subsection.
---------------------------------------------------------
    \237\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------
    Sec. 234A.\238\ Enhancing Private Political Risk Insurance 
Industry.
---------------------------------------------------------
    \238\ 22 U.S.C. 2194b. Sec. 234A was amended by sec. 105 of the 
OPIC Amendments Act of 1988, S. 2757, enacted into law by reference in 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268). First 
added by sec. 9 of the OPIC Amendments Act of 1985 (Public Law 99-204; 
99 Stat. 672), it formerly read as follows:
    ``In order to encourage greater availability of political risk 
insurance for eligible investors, the Corporation shall establish, not 
later than one year after the date of the enactment of the Overseas 
Private Investment Corporation Amendments Act of 1985, a pilot program 
of facultative reinsurance. The program shall provide reinsurance to 
insurance companies, financial institutions, other persons, or groups 
thereof, with respect to insurance issued by such companies, 
institutions, persons, or groups for new investments, and expansions of 
existing investments, by eligible investors, in excess of limits which 
the Corporation would otherwise normally apply for its exposure to such 
investments. Contracts of reinsurance issued under the program shall be 
on equitable terms. The program, and any project covered by reinsurance 
under the program, shall be consistent with the provisions of this 
title.
    ``(b) Persons Eligible for the Program.--An insurance company, 
financial institution, or other person shall be eligible to participate 
in the facultative reinsurance program established under subsection (a) 
if that company, institution, or other person is an eligible investor 
under this title. The Corporation shall take steps to encourage 
equitable participation in the program by all eligible persons.
    ``(c) Maximum Exposure.--The exposure of the Corporation under the 
facultative reinsurance program at any one time may not exceed 
$150,000,000 or, with respect to one country, $50,000,000.
    ``(d) Advisory Group.--
---------------------------------------------------------

          ``(1) Establishment and Membership.--The Corporation shall 
        establish a group to advise the Corporation on the development 
        and implementation of the program of facultative reinsurance 
        under this section. The group shall be composed of nine members 
        as follows:

                  ``(A) Three officers or employees of the Corporation 
                designated by the Board.
                  ``(B) Four persons appointed by the Board, of whom at 
                least one shall represent an insurance company, one a 
                reinsurance brokerage firm, and one an underwriter, a 
                financial institution, or other person or entity 
                eligible for the facultative reinsurance program under 
                this section. In selecting such persons, the Board 
                shall consider their previous active involvement in the 
                field of political risk insurance or reinsurance and 
                shall consult with any major organizations representing 
                insurance, reinsurance, and brokerage institutions as 
                to the suitability of the respective candidates to 
                represent their industry.
                  ``(C) Two persons appointed by the Board from among 
                persons who are eligible investors, other than persons 
                described in subparagraph (B).

          ``(2) Functions.--The advisory group shall advise the 
        Corporation on the development and implementation of the 
        facultative reinsurance program under this section, including 
        ways to ensure equitable participation in the program by all 
        eligible persons.
          ``(3) Meetings.--The advisory group shall meet not later than 
        one hundred and eighty days after the date of the enactment of 
        the Overseas Private Investment Corporation Amendments Act of 
        1985, and not less than once in every one hundred and eighty-
        day period thereafter.
          ``(4) Federal Advisory Committee Act.--The advisory group 
        shall not be subject to the Federal Advisory Committee Act (5 
        U.S.C. App.).
---------------------------------------------------------
    ``(e) Report to the Congress.--The Corporation shall, not later 
than eighteen months after the date of the enactment of the Overseas 
Private Investment Corporation Amendments Act of 1985, submit to the 
Committee on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report on the 
implementation of the facultative reinsurance program established under 
subsection (a).''.
---------------------------------------------------------
    (a) Cooperative Programs.--In order to encourage greater 
availability of political risk insurance for eligible investors 
by enhancing the private political risk insurance industry in 
the United States, and to the extent consistent with this 
title, the Corporation shall under take programs of cooperation 
with such industry, and in connection with such programs may 
engage in the following activities:
          (1) Utilizing its statutory authorities, encourage 
        the development of associations, pools, or consortia of 
        United States private political risk insurers.
          (2) Share insurance risks (through coinsurance, 
        contingent insurance, or other means) in a manner that 
        is conducive to the growth and development of the 
        private political risk insurance industry in the United 
        States.
          (3) Notwithstanding section 237(e), upon the 
        expiration of insurance provided by the Corporation for 
        an investment, enter into risk-sharing agreements with 
        United States private political risk insurers to insure 
        any such investment; except that, in cooperating in the 
        offering of insurance under this paragraph, the 
        Corporation shall not assume responsibility for more 
        than 50 percent of the insurance being offered in each 
        separate transaction.
    (b) Advisory Group.--
          (1) Establishment and membership.--The Corporation 
        shall establish a group to advise the Corporation on 
        the development and implementation of the cooperative 
        programs under this section. The group shall be 
        appointed by the Board and shall be composed of up to 
        12 members, including the following:
                  (A) Up to seven persons from the private 
                political risk insurance industry, of whom no 
                fewer than two shall represent private 
                political risk insurers, one shall represent 
                private political risk reinsurers, and one 
                shall represent insurance or reinsurance 
                brokerage firms.
                  (B) Up to four persons, other than persons 
                described in subparagraph (A), who are 
                purchasers of political risk insurance.
          (2) Functions.--The Corporation shall call upon 
        members of the advisory group, either collectively or 
        individually, to advise it regarding the capability of 
        the private political risk insurance industry to meet 
        the political risk insurance needs of United States 
        investors, and regarding the development of cooperative 
        programs to enhance such capability.
          (3) Meetings.--The advisory group shall meet not 
        later than September 30, 1989, and at least annually 
        thereafter. The Corporation may from time to time 
        convene meetings of selected members of the advisory 
        group to address particular questions requiring their 
        specialized knowledge.
          (4) Federal advisory committee act.--The advisory 
        group shall not be subject to the Federal Advisory 
        Committee Act (5 U.S.C. App.).
    Sec. 235.\239\ Issuing Authority, Direct Investment 
Authority and Reserves.--
---------------------------------------------------------
    \239\ 22 U.S.C. 2195. Sec. 235 was added by sec. 105 of the FA Act 
of 1969, originally as ``Issuing Authority, Direct Investment Fund and 
Reserves''. Sec. 104(a)(1) of the Jobs Through Exports Act of 1992 
(Public Law 102-549; 106 Stat. 3651) struck out ``Fund'' in section 
caption, and inserted in lieu thereof ``Authority''.
---------------------------------------------------------
    (a) \240\  Issuing Authority.--
---------------------------------------------------------
    \240\ Sec. 104(a)(2) of the Jobs Through Exports Act of 1992 
(Public Law 102-549; 106 Stat. 3651) amended and restated subsec. (a), 
and par. (3) of that subsec. repealed subsec. (b), which formerly 
established the Direct Investment Fund.
    Sec. 581(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2435), amended and restated para. (1) of subsec. (a), struck out 
para. (2)(A), and redesignated para. (3) as para. (2). Paras. (1) and 
(2), as amended, formerly read as follows:
    ``(1) Insurance.--The maximum contingent liability outstanding at 
any one time pursuant to insurance issued under section 234(a) shall 
not exceed in the aggregate $13,500,000,000.
    ``(2) Financing.--(A) The maximum contingent liability outstanding 
at any one time pursuant to financing issued under subsections (b) and 
(c) of section 234 shall not exceed in the aggregate $9,500,000,000.''.
---------------------------------------------------------
          (1) Insurance and financing.--(A) The maximum 
        contingent liability outstanding at any one time 
        pursuant to insurance issued under section 234(a), and 
        the amount of financing issued under sections 234(b) 
        and (c), shall not exceed in the aggregate 
        $29,000,000,000.
          (B) Subject to spending authority provided in 
        appropriations Acts pursuant to section 504(b) of the 
        Federal Credit Reform Act of 1990, the Corporation is 
        authorized to transfer such sums as are necessary from 
        its noncredit activities to pay for the subsidy cost of 
        the investment guaranties and direct loan programs 
        under subsections (b) and (c) of section 234.
          (2) Termination of authority.--The authority of 
        subsections (a), (b), and (c) \241\ of section 234 
        shall continue until September 30, 1999.\242\
---------------------------------------------------------
    \241\ Sec. 581(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2435), struck out ``(a) and (b)'' and inserted in lieu thereof 
``(a), (b), and (c).
    \242\ Sec. 4(2) of Public Law 95-268 (92 Stat. 214) extended the 
authority from Dec. 31, 1977, to Sept. 30, 1981. This date was further 
extended to Sept. 30, 1985, by sec. 5(b)(1) of the OPIC Amendments Act 
of 1981 (Public Law 97-65; 95 Stat. 1023). Sec. 10 of the OPIC 
Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1673), further 
extended the date from Sept. 30, 1985 to Sept. 30, 1988. Sec. 107 of 
the OPIC Amendments Act of 1988, H.R. 5263, enacted into law by 
reference in the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268) 
extended the date from Sept. 30, 1988 to Sept. 30, 1992. Sec. 104(a)(2) 
of the Jobs Through Exports Act of 1992 (Public Law 102-549; 106 Stat. 
3651) amended and restated subsec. (a), extending the issuing authority 
from September 30, 1992 to September 30, 1994. The authority was 
extended again from Sept, 30, 1994 to Sept. 30, 1996 by sec. 103 of the 
Jobs Through Trade Expansion Act of 1994 (Public Law 103-392; 108 Stat. 
4098). Title I of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1997 (enacted as sec. 101(c) of title I of 
the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208; 
110 Stat. 3009) extended the date from September 30, 1996, to September 
30, 1997. Sec. 581(a)(3) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2435) extended the date from September 30, 1997, to September 30, 
1999.
    Title I of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2387), 
provided the following:
---------------------------------------------------------

               ``overseas private investment corporation

                          ``noncredit account
---------------------------------------------------------
    ``The Overseas Private Investment Corporation is authorized to 
make, without regard to fiscal year limitations, as provided by 31 
U.S.C. 9104, such expenditures and commitments within the limits of 
funds available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to 
carry out the credit and insurance programs (including an amount for 
official reception and representation expenses which shall not exceed 
$35,000) shall not exceed $32,000,000: Provided further, That project-
specific transaction costs, including direct and indirect costs 
incurred in claims settlements, and other direct costs associated with 
services provided to specific investors or potential investors pursuant 
to section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.
---------------------------------------------------------

                           ``program account
---------------------------------------------------------
    ``For the cost of direct and guaranteed loans, $60,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961 to be 
derived by transfer from the Overseas Private Investment Corporation 
Noncredit Account: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That such sums 
shall be available for direct loan obligations and loan guaranty 
commitments incurred or made during fiscal years 1998 and 1999: 
Provided further, That such sums shall remain available through fiscal 
year 2006 for the disbursement of direct and guaranteed loans obligated 
in fiscal year 1998, and through fiscal year 2007 for the disbursement 
of direct and guaranteed loans obligated in fiscal year 1999: Provided 
further, That in addition, such sums as may be necessary for 
administrative expenses to carry out the credit program may be derived 
from amounts available for administrative expenses to carry out the 
credit and insurance programs in the Overseas Private Investment 
Corporation Noncredit Account and merged with said account.''.
    See also sec. 513 of that Act, relating to commerce and trade, and 
sec. 534, relating to compliance with U.N. sanctions against Iraq.
---------------------------------------------------------
    (b) \240\ * * * [Repealed--1992]
    (c) There shall be established in the Treasury of the 
United States an insurance and guaranty fund, which shall have 
separate accounts to be known as the Insurance Reserve and the 
Guaranty Reserve, which reserves shall be available for 
discharge of liabilities, as provided in subsection (d) of this 
section \243\ until such time as all such liabilities have been 
discharged or have expired or until all such reserves have been 
expended in accordance with the provisions of this section. 
Such fund shall be funded by: (1) the funds heretofore 
available to discharge liabilities under predecessor guaranty 
authority (including housing guaranty authorities), less both 
the amount made available for housing guaranty programs 
pursuant to section 223(b) and the amount made available to the 
Corporation pursuant to subsection (e) of this section \243\ 
and (2) such sums as shall be appropriated pursuant to 
subsection (f) of this section for such purposes. The 
allocation of such funds to each such reserve shall be 
determined by the Board after consultation with the Secretary 
of the Treasury. Additional amounts may thereafter be 
transferred to such reserves pursuant to section 236.
---------------------------------------------------------
    \243\ Sec. 17(b) of the OPIC Amendments Act of 1985 (Public Law 99-
204; 99 Stat. 1676) replaced references to ``section 234(e)'' and 
``section 235(f)'' with references to ``subsection (e)'', or 
``subsection (j)'', ``of this section'', and references to ``section 
235(d)'' with ``subsection (d) of this section''.
---------------------------------------------------------
    (d) Any payment made to discharge liabilities under 
investment insurance or reinsurance issued under section 234 
\244\ under similar predecessor guaranty authority or under 
section 234A,\244\ shall be paid first out of the Insurance 
Reserve, as long as such reserve remains available, and 
thereafter out of funds made available pursuant to subsection 
(f) of this section. Any payments made to discharge liabilities 
under guaranties issued under section 234(b) or under similar 
predecessor guaranty authority shall be paid first out of the 
Guaranty Reserve as long as such reserve remains available, and 
thereafter out of funds made available pursuant to subsection 
(f) of this section.\243\
---------------------------------------------------------
    \244\ Sec. 2(3)(B) of the OPIC Amendments Act of 1974 (Public Law 
93-390) substituted ``insurance or reinsurance issued under section 
234'' in lieu of ``insurance issued under section 234(a)''.
    The reference to sec. 234A was added by sec. 9(b) of the OPIC 
Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1672).
---------------------------------------------------------
    (e) There is hereby authorized to be transferred to the 
Corporation at its call, for the purposes specified in section 
236, all fees and other revenues collected under predecessor 
guaranty authority from December 31, 1968, available as of the 
date of such transfer.
    (f) \245\ There are authorized to be appropriated to the 
Corporation, to remain available until expended, such amounts 
as may be necessary from time to time to replenish or increase 
the insurance and guaranty fund, to discharge the liabilities 
under insurance, reinsurance, or guaranties issued by the 
Corporation or issued under predecessor guaranty authority, or 
to discharge obligations of the Corporation purchased by the 
Secretary of the Treasury pursuant to this subsection. However, 
no appropriations shall be made to augment the Insurance 
Reserve until the amount of funds in the Insurance Reserve is 
less than $25,000,000. Any appropriations to augment the 
Insurance Reserve shall then only be made either pursuant to 
specific authorization enacted after the date of enactment of 
the Overseas Private Investment Corporation Amendments Act of 
1974, or to satisfy the full faith and credit provision of 
section 237(c). In order to discharge liabilities under 
investment insurance or reinsurance, the Corporation is 
authorized to issue from time to time for purchase by the 
Secretary of the Treasury its notes, debentures, bonds, or 
other obligations; but the aggregate amount of such obligations 
outstanding at any one time shall not exceed $100,000,000. Any 
such obligation shall be repaid to the Treasury within one year 
after the date of issue of such obligation. Any such obligation 
shall bear interest at a rate determined by the Secretary of 
the Treasury, taking into consideration the current average 
market yield on outstanding marketable obligations of the 
United States of comparable maturities during the month 
preceding the issuance of any obligation authorized by this 
subsection. The Secretary of the Treasury shall purchase any 
obligation of the Corporation issued under this subsection, and 
for such purchase he may use as a public debt transaction the 
proceeds of the sale of any securities issued under the Second 
Liberty Bond Act after the date of enactment of the Overseas 
Private Investment Corporation Amendments Act of 1974. The 
purpose for which securities may be issued under such Bond Act 
shall include any such purchase.
---------------------------------------------------------
    \245\ Subsec. (f) was amended by sec. 2(3)(C) of the OPIC 
Amendments Act of 1974 (Public Law 93-390). It formerly read as 
follows: ``(f) There is hereby authorized to be appropriated to the 
Corporation, to remain available until expended, such amounts as may be 
necessary from time to time to replenish or increase the insurance and 
guaranty fund or to discharge the liabilities under insurance and 
guaranties issued by the Corporation or issued under predecessor 
guaranty authority.''.
    Sec. 104(b) of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3652) had added subsec. (g), which authorized the 
Corporation to draw form its noncredit account revolving fund 
$8,128,000 for fiscal year 1993 and $11,000,000 for fiscal year 1994 
for administrative expenses. Subsec. (g) was struck out by sec. 104 of 
Public Law 103-392 (108 Stat. 4098).
---------------------------------------------------------
    Sec. 236.\246\ Income and Revenues.--In order to carry out 
the purposes of the Corporation, all revenues and income 
transferred to or earned by the Corporation, from whatever 
source derived, shall be held by the Corporation and shall be 
available to carry out its purposes, including without 
limitation--
---------------------------------------------------------
    \246\ 22 U.S.C. 2196. Sec. 236 was added by sec. 105 of the FA Act 
of 1969.
---------------------------------------------------------
          (a) payment of all expenses of the Corporation, 
        including investment promotion expenses;
          (b) transfers and additions to the insurance or 
        guaranty reserves, the Direct Investment Fund 
        established pursuant to section 235, and such other 
        funds or reserves as the Corporation may establish, at 
        such time and in such amounts as the Board may 
        determine; and
          (c) payment of dividends, on capital stock, which 
        shall consist of and be paid from net earnings of the 
        Corporation after payments, transfers, and additions 
        under subsections (a) and (b) hereof.
    Sec. 237.\247\ General Provisions Relating to Insurance 
Guaranty, and Financing Program.--(a) Insurance guaranties, and 
reinsurance \248\ issued under this title shall cover 
investment made in connection with projects in any less 
developed friendly country or area with the government to which 
the President of the United States has agreed to institute a 
program for insurance, guaranties, or reinsurance.\248\
---------------------------------------------------------
    \247\ 22 U.S.C. 2197. Sec. 237 was added by Sec. 105 of the FA Act 
of 1969.
    Sec. 110(c) of the OPIC Amendments Act of 1988, S. 2757, enacted 
into law by reference in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268) struck ``and Guaranty'' and inserted ''Guaranty, and 
Financing''.
    \248\ Sec. 2(4) of the OPIC Amendments Act of 1974 (Public Law 93-
390) added the reference to reinsurance.
---------------------------------------------------------
    (b) The Corporation shall determine that suitable 
arrangements exist for protecting the interest of the 
Corporation in connection with any insurance, guaranty or 
reinsurance \248\ issued under this title, including 
arrangements concerning ownership, use, and disposition of the 
currency, credits, assets, or investments on account of which 
payment under such insurance, guaranty, or reinsurance \248\ is 
to be made, and right, title, claim, or cause of action 
existing in connection therewith.
    (c) All guaranties issued prior to July 1, 1956, all 
guaranties issued under sections 202(b) and 413(b) of the 
Mutual Security Act of 1954, as amended, all guaranties 
heretofore issued pursuant to prior guaranty authorities 
repealed by the Foreign Assistance Act of 1969, and all 
insurance, reinsurance,\248\ and guaranties issued pursuant to 
this title shall constitute obligations, in accordance with the 
terms of such insurance, reinsurance,\248\ or guaranties, of 
the United States of America and the full faith and credit of 
the United States of America is hereby pledged for the full 
payment and performance of such obligations.
    (d) \249\ Fees.--
---------------------------------------------------------
    \249\ Sec. 105(a) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3652) amended and restated subsec. (d). 
Previously it had been amended and restated by sec. 2(4)(D) of the OPIC 
Amendments Act of 1974 (Public Law 93-390).
---------------------------------------------------------
          (1) In general.--Fees may be charged for providing 
        insurance, reinsurance, financing, and other services 
        under this title in amounts to be determined by the 
        Corporation. In the event fees charged for insurance, 
        reinsurance, financing, or other services are reduced, 
        fees to be paid under existing contracts for the same 
        type of insurance, reinsurance, financing, or services 
        and for similar guarantees issued under predecessor 
        guarantee authority may be reduced.
          (2) Credit transaction costs.--Project-specific 
        transaction costs incurred by the Corporation relating 
        to loan obligations or loan guarantee commitments 
        covered by the provisions of the Federal Credit Reform 
        Act of 1990, including the costs of project-related 
        travel and expenses for legal representation provided 
        by persons outside the Corporation and other similar 
        expenses which are charged to the borrower, shall be 
        paid out of the appropriate finance account established 
        pursuant to section 505(b) of such Act.
          (3) Noncredit transaction costs.--Fees paid for the 
        project-specific transaction costs and other direct 
        costs associated with services provided to specific 
        investors or potential investors pursuant to section 
        234 (other than those covered in paragraph (2)), 
        including financing, insurance, reinsurance, missions, 
        seminars, conferences, and other preinvestment 
        services, shall be available for obligation for the 
        purposes for which they were collected, notwithstanding 
        any other provision of law.
    (e) No insurance, guaranty, or reinsurance \248\ of any 
equity investment shall extend beyond twenty years from the 
date of issuance.
    (f) Compensation for insurance, reinsurance, or guaranties 
issued under this title shall not exceed the dollar value, as 
of the date of the investment, of the investment made in the 
project with the approval of the Corporation plus interest, 
earnings, or profits actually accrued on such investment to the 
extent provided by such insurance, reinsurance, or guaranty, 
except that the Corporation may provide that (1) appropriate 
adjustments in the insured dollar value be made to reflect the 
replacement cost of project assets, and (2) compensation for a 
claim of loss under insurance of an equity investment may be 
computed on the basis of the net book value attributable to 
such equity investment on the date of loss.\250\ 
Notwithstanding the preceding sentence, the Corporation shall 
limit the amount of direct insurance and reinsurance issued by 
it under section 234 or 234A so that risk of loss as to at 
least 10 per centum of the total investment of the insured and 
its affiliates in the project is borne by the insured and such 
affiliates, except that limitation shall not apply to direct 
insurance or reinsurance of loans by banks or other financial 
institutions to unrelated parties and \251\ (3) \252\ 
compensation for loss due to business interruption may be 
computed on a basis to be determined by the Corporation which 
reflects amounts lost.
---------------------------------------------------------
    \250\ The first sentence of subsec. (f) was amended and restated by 
sec. 6(a) of the OPIC Amendments Act of 1981 (Public Law 97-65; 95 
Stat. 1023). Previous amendments to this sentence in subsec. (f) which 
are retained in the new text include the following: The word 
``reinsurance'' was added by sec. 2(4)(F) of Public Law 93-390; the 
basic language of clause (1) was added by sec. 5 of Public Law 95-268 
(92 Stat. 215).
    \251\ This sentence was added by sec. 2(4)(G) of the OPIC 
Amendments Act of 1974 (Public Law 93-390). The phrase ``except that 
limitation shall not apply to direct insurance or reinsurance of loans 
by banks or other financial institutions to unrelated parties'' was 
added by sec. 5 of Public Law 95-268 (92 Stat. 215).
    A sentence, as added by sec. 2(4)(G) of Public Law 93-390 and which 
previously appeared at this point, was struck out by sec. 6(b) of the 
OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1023). It 
formerly read as follows: ``The preceding sentence shall not apply to 
the extent not permitted by State law.''.
    \252\ Subpara. (3) as added by sec. 6(b) of the OPIC Amendments Act 
of 1985 (Public Law 99-204).
---------------------------------------------------------
    (g) No payment may be made under any guaranty, insurance or 
reinsurance \248\ issued pursuant to this title for any loss 
arising out of fraud or misrepresentation for which the party 
seeking payment is responsible.
    (h) Insurance, guaranties, or reinsurance \253\ of a loan 
or equity investment of an eligible investor in a foreign bank, 
finance company, or other credit institution shall extend only 
to such loan or equity investment and not to any individual 
loan or equity investment made by such foreign bank, finance 
company, or other credit institution.
---------------------------------------------------------
    \253\ Sec. 2(4)(I) of the OPIC Amendments Act of 1974 (Public Law 
93-390) substituted the words ``, guaranties, or reinsurance'' in lieu 
of ``or guaranties''.
---------------------------------------------------------
    (i) Claims arising as a result of insurance, reinsurance 
\254\ or guaranty operations under this title or under 
predecessor guaranty authority may be settled, and disputes 
arising as a result thereof may be arbitrated with the consent 
of the parties, on such terms and conditions as the Corporation 
may determine. 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.
---------------------------------------------------------
    \254\ Sec. 2(4)(J) of the OPIC Amendments Act of 1974 (Public Law 
93-390) added the word ``, reinsurance''.
---------------------------------------------------------
    (j) Each guaranty contract executed by such officer or 
officers as may be designated by the Board shall be 
conclusively presumed to be issued in compliance with the 
requirements of this Act.
    (k) \255\ In making a determination to issue insurance, 
guaranties, or reinsurance under this title, the Corporation 
shall consider the possible adverse effect of the dollar 
investment under such insurance, guaranty, or reinsurance upon 
the balance of payments of the United States.
---------------------------------------------------------
    \255\ Subsec. (k) was amended by sec. 2(4)(K) of the OPIC 
Amendments Act of 1974 (Public Law 93-390). It formerly read as 
follows: ``(k) In making a determination to issue insurance or a 
guaranty under this title, the Corporation shall consider the possible 
adverse effect of the dollar investment under such insurance or 
guaranty upon the balance of payments of the United States''.
---------------------------------------------------------
    (l) \256\ (1) No payment may be made under any insurance or 
reinsurance which is issued under this title on or after the 
date of enactment of this subsection \257\ for any loss 
occurring with respect to a project, if the preponderant cause 
of such loss was an act by the investor seeking payment under 
this title, by a person possessing majority ownership and 
control of the investor at the time of the act, or by any agent 
of such investor or controlling person, and a court of the 
United States has entered a final judgment that such act 
constituted a violation under the Foreign Corrupt Practices Act 
of 1977.
---------------------------------------------------------
    \256\ Subsec. (l) was added by sec. 6 of Public Law 95-268 (92 
Stat. 215).
    \257\ Subsec. (l) became effective April 24, 1978.
---------------------------------------------------------
    (2) Not later than 120 days after the date of enactment of 
this subsection,\257\ the Corporation shall adopt regulations 
setting forth appropriate conditions under which any person 
convicted under the Foreign Corrupt Practices Act of 1977 for 
an offense related to a project insured or otherwise supported 
by the Corporation shall be suspended, for a period of not more 
than five years, from eligibility to receive any insurance, 
reinsurance, guaranty, loan, or other financial support 
authorized by this title.
    (m) \258\ (1) Before finally providing insurance, 
reinsurance, guarantees, or financing under this title for any 
environmentally sensitive investment in connection with a 
project in a country, the Corporation shall notify appropriate 
government officials of that country of--
---------------------------------------------------------
    \258\ Subsec. (m) was added by sec. 4(b) of the OPIC Amendments Act 
of 1985 (Public Law 99-204).
---------------------------------------------------------
          (A) all guidelines and other standards adopted by the 
        International Bank for Reconstruction and Development 
        and any other international organization relating to 
        the public health or safety or the environment which 
        are applicable to the project; and
          (B) to the maximum extent practicable, any 
        restriction under any law of the United States relating 
        to public health or safety or the environment that 
        would apply to the project if the project were 
        undertaken in the United States.
The notification under the preceding sentence shall include a 
summary of the guidelines, standards, and restrictions referred 
to in subparagraphs (A) and (B), and may include any 
environmental impact statement, assessment, review, or study 
prepared with respect to the investment pursuant to section 
239(g).
    (2) Before finally providing insurance, reinsurance, 
guarantees, or financing for any investment subject to 
paragraph (1), the Corporation shall take into account any 
comments it receives on the project involved.
    (3) On or before September 30, 1986, the Corporation shall 
notify appropriate government officials of a country of the 
guidelines, standards, and legal restrictions described in 
paragraph (1) that apply to any project in that country--
          (A) which the Corporation identifies as potentially 
        posing major hazards to public health and safety or the 
        environment; and
          (B) for which the Corporation provided insurance, 
        reinsurance, guarantees, or financing under this title 
        before the date of enactment of this subsection and 
        which is in the Corporation's portfolio on that date.
    (n) \259\ Penalties for Fraud.--Whoever knowingly makes any 
false statement or report, or willfully overvalues any land, 
property, or security, for the purpose of influencing in any 
way the action of the Corporation with respect to any 
insurance, reinsurance, guarantee, loan, equity investment, or 
other activity of the Corporation under section 234 or any 
change or extension of any such insurance, reinsurance, 
guarantee, loan, equity investment, or activity, by renewal, 
deferment of action or otherwise, or the acceptance, release, 
or substitution of security therefor, shall be fined not more 
than $1,000,000 or imprisoned not more than 30 years, or both.
---------------------------------------------------------
    \259\ Sec. 105(b) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3653) added subsec. (n).
---------------------------------------------------------
    (o) \260\ Use of Local Currencies.--Direct loans or 
investments made in order to preserve the value of funds 
received in inconvertible foreign currency by the Corporation 
as a result of activities conducted pursuant to section 234(a) 
shall not be considered in determining whether the Corporation 
has made or has outstanding loans or investments to the extent 
of any limitation on obligations and equity investment imposed 
by or pursuant to this title. The provisions of section 504(b) 
of the Federal Credit Reform Act of 1990 shall not apply to 
direct loan obligations made with funds described in this 
subsection.
---------------------------------------------------------
    \260\ Sec. 105(c) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3653) added subsec. (o).
---------------------------------------------------------
    Sec. 238.\261\ Definitions.--As used in this title--
---------------------------------------------------------
    \261\ 22 U.S.C. 2198. Sec. 238 was added by sec. 105 of the FA Act 
of 1969.
---------------------------------------------------------
          (a) the term ``investment'' includes any contribution 
        or commitment \262\ of funds, commodities, services, 
        patents, processes, or techniques, in the form of (1) a 
        loan or loans to an approved project, (2) the purchase 
        of a share of ownership in any such project, (3) 
        participation in royalties, earnings, or profits of any 
        such project, and (4) the furnishing of commodities or 
        services pursuant to a lease or other contract;
---------------------------------------------------------
    \262\ The words ``or commitment'' were added by sec. 7 of the OPIC 
Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1024).
---------------------------------------------------------
          (b) the term ``expropriation'' includes, but is not 
        limited to, any abrogation, repudiation, or impairment 
        by a foreign government of its own contract with an 
        investor with respect to a project, where such 
        abrogation, repudiation, or impairment is not caused by 
        the investor's own fault or misconduct, and materially 
        adversely affects the continued operation of the 
        project;
          (c) the term ``eligible investor'' means: (1) United 
        States citizens; (2) corporations, partnerships, or 
        other associations including nonprofit associations, 
        created under the laws of the United States any State 
        or territory thereof, or the District of Columbia,\263\ 
        and substantially beneficially owned by United States 
        citizens; and (3) foreign corporations, partnerships, 
        or other associations wholly owned by one or more such 
        United States citizens, corporations, partnerships, or 
        other associations: Provided however, That the 
        eligibility of such foreign corporation shall be 
        determined without regard to any shares, in aggregate 
        less than 5 per centum of the total issued and 
        subscribed share capital,\264\ held by other than the 
        United States owners: Provided further, That in the 
        case of any loan investment a final determination of 
        eligibility may be made at the time the insurance or 
        guaranty is issued; in all other cases, the investor 
        must be eligible at the time a claim arises as well as 
        the time the insurance or guaranty is issued; \265\
---------------------------------------------------------
    \263\ Reference to the District of Columbia was added by sec. 17(a) 
of the OPIC Amendments Act of 1985 (Public Law 99-204).
    \264\ The words ``required by Law to be'', which appeared at this 
point were struck out by sec. 104(a) of the FA Act of 1971.
    \265\ Sec. 106 of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3653): (1) struck out ``and'' at the end of subsec. 
(c); (2) redesignated subsec. (d) as subsec. (f); and (3) added new 
subsecs. (d) and (e).
---------------------------------------------------------
          (d) \265\ the term ``noncredit account revolving 
        fund'' means the account in which funds under section 
        236 and all funds from noncredit activities are held; 
        and \266\
---------------------------------------------------------
    \266\ So in original.
---------------------------------------------------------
          (e) \265\ the term ``noncredit activities'' means all 
        activities of the Corporation other than its loan 
        guarantee program under section 234(b) and its direct 
        loan program under section 234(c); \266\
          (f) \265\ the term ``predecessor guaranty authority'' 
        means prior guaranty authorities (other than housing 
        guaranty authorities) repealed by the Foreign 
        Assistance Act of 1969, section 202(b) and 413(b) of 
        the Mutual Security Act of 1954, as amended, and 
        section 111(b)(3) of the Economic Cooperation Act of 
        1948, as amended (exclusive of authority relating to 
        informational media guaranties).
    Sec. 239.\267\ General Provisions and Powers.--(a) The 
Corporation shall have its principal office in the District of 
Columbia and shall be deemed, for purposes of venue in civil 
actions, to be resident thereof.
---------------------------------------------------------
    \267\ 22 U.S.C. 2199. Sec. 239 was added by sec. 105 of the FA Act 
of 1969.
---------------------------------------------------------
    (b) The President shall transfer to the Corporation, at 
such time as he may determine, all obligations, assets and 
related rights and responsibilities arising out of, or related 
to, predecessor programs and authorities similar to those 
provided for in section 234 (a), (b), and (d). Until such 
transfer, the agency heretofore responsible for such 
predecessor programs shall continue to administer such assets 
and obligations, and such programs and activities authorized 
under this title as may be determined by the 
President.\268\, \269\
---------------------------------------------------------
    \268\ A Presidential Determination of Dec. 30, 1969 (35 F.R. 43; 
January 3, 1970), provided for AID administration until transfer to the 
Overseas Private Investment Corporation.
    \269\ Sec. 7(1) of Public Law 95-268 (92 Stat. 215) struck out a 
paragraph previously appearing in subsec. (b) which had directed OPIC 
to cease operating the programs authorized by sec. 234 (b) through (e) 
and sec. 240 on Dec. 31, 1979.
---------------------------------------------------------
    (c) \270\ (1) The Corporation shall be subject to the 
applicable provisions of chapter 91 of title 31, United States 
Code, except as otherwise provided in this title.
---------------------------------------------------------
    \270\ Sec. 11 of the OPIC Amendments Act of 1985 (Public Law 99-
204), substituted the text of subsec. (c) in lieu of:
    ``The Corporation shall be subject to the applicable provisions of 
the Government Corporation Control Act, except as otherwise provided in 
this title.''.
---------------------------------------------------------
    (2) An independent certified public accountant shall 
perform a financial and compliance audit of the financial 
statements of the Corporation at least once every three years, 
in accordance with generally accepted Government auditing 
standards for a financial and compliance audit, as issued by 
the Comptroller General. The independent certified public 
accountant shall report the results of such audit to the Board. 
The financial statements of the Corporation shall be presented 
in accordance with generally accepted accounting principles. 
These financial statements and the report of the accountant 
shall be included in a report which contains, to the extent 
applicable, the information identified in section 9106 of title 
31, United States Code, and which the Corporation shall submit 
to the Congress not later than six and one-half months after 
the end of the last fiscal year covered by the audit. The 
General Accounting Office may review the audit conducted by the 
accountant and the report to the Congress in the manner and at 
such times as the General Accounting Office considers 
necessary.
    (3) In lieu of the financial and compliance audit required 
by paragraph (2), the General Accounting Office shall, if the 
Office considers it necessary or upon the request of the 
Congress, audit the financial statements of the Corporation in 
the manner provided in paragraph (2). The Corporation shall 
reimburse the General Accounting Office for the full cost of 
any audit conducted under this paragraph.
    (4) All books, accounts, financial records, reports, files, 
workpapers, and property belonging to or in use by the 
Corporation and the accountant who conducts the audit under 
paragraph (2), which are necessary for purposes of this 
subsection, shall be made available to the representatives of 
the General Accounting Office.
    (d) To carry out the purposes of this title, the 
Corporation is authorized to adopt and use a corporate seal, 
which shall be judicially noticed; to sue and be sued in its 
corporate name; to adopt, amend, and repeal bylaws governing 
the conduct of its business and the performance of the powers 
and duties granted to or imposed upon it by law; to acquire, 
hold or dispose of, upon such terms and conditions as the 
Corporation may determine, any property, real, personal, or 
mixed, tangible or intangible, or any interest therein; to 
invest funds derived from fees and other revenues in 
obligations of the United States and to use the proceeds 
therefrom, including earnings and profits, as it shall deem 
appropriate; to indemnify directors, officers, employees and 
agents of the Corporation for liabilities and expenses incurred 
in connection with their Corporation activities; to require 
bonds of officers, employees, and agents and pay the premiums 
therefor; notwithstanding any other provision of law, to 
represent itself or to contract for representation in all legal 
and arbitral proceedings; to enter into limited-term contracts 
with nationals of the United States for personal services to 
carry out activities in the United States and abroad under 
subsections (d) and (e) of section 234; \271\ to purchase, 
discount, rediscount, sell, and negotiate, with or without its 
endorsement or guaranty, and guarantee notes, participation 
certificates, and other evidence of indebtedness (provided that 
the Corporation shall not issue its own securities, except 
participation certificates for the purpose of carrying out 
section 231(c) or participation certificates as evidence of 
indebtedness held by the Corporation in connection with 
settlement of claims under section 237(i)); \272\ to make and 
carry out such contracts and agreements as are necessary and 
advisable in the conduct of its business; to exercise the 
priority of the Government of the United States in collecting 
debts from bankrupt, insolvent, or decedents' estates; to 
determine the character of and the necessity for its 
obligations and expenditures, and the manner in which they 
shall be incurred, allowed, and paid, subject to provisions of 
law specifically applicable to Government corporations; to 
collect or compromise any obligations assigned to or held by 
the Corporation, including any legal or equitable rights 
accruing to the Corporation; \273\ and to take such actions as 
may be necessary or appropriate to carry out the powers herein 
or hereafter specifically conferred upon it.
---------------------------------------------------------
    \271\ Sec. 107 of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3654) inserted ``to enter into limited-term 
contracts with nationals of the United States for personal services to 
carry out activities in the United States and abroad under subsections 
(d) and (e) of section 234;'' after ``legal and arbitral 
proceedings;''.
    \272\ The words to this point beginning with ``or participation 
certificates * * *'' were added by sec. 7(2) of Public Law 95-268 (92 
Stat. 215).
    \273\ This phrase beginning with ``to collect or compromise * * *'' 
was added by sec. 8(1) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1024).
---------------------------------------------------------
    (e) The Inspector General \274\ of the Agency for 
International Development (1) may conduct \275\ reviews, 
investigations, and inspections of all phases of the 
Corporation's operations and activities and (2) shall conduct 
all security activities of the Corporation relating to 
personnel and the control of classified material. With respect 
to his responsibilities under this subsection, the Inspector 
General \274\ shall report to the Board. The agency primarily 
responsible for administering part I shall be reimbursed by the 
Corporation for all expenses incurred by the Inspector General 
\274\ in connection with his responsibilities under this 
subsection.
---------------------------------------------------------
    \274\ Reference to the Inspector General was inserted in lieu of a 
reference to the Auditor-General by sec. 8(2)(A) of the OPIC Amendments 
Act of 1981 (Public Law 97-65; 95 Stat. 1024).
    \275\ The words ``may conduct'' were inserted in lieu of ``shall 
have the responsibility for planning and directing the execution of 
audits,'' by sec. 8(2)(B) of the OPIC Amendments Act of 1981 (Public 
Law 97-65; 95 Stat. 1024).
---------------------------------------------------------
    (f) \276\, \277\ Except for the provisions of 
this title, no other provision of this or any other law shall 
be construed to prohibit the operation in Yugoslavia, Poland, 
Hungary,\278\ or any other East European country,\279\ or the 
People's Republic of China, or Pakistan \280\ of the programs 
authorized by this title, if the President determines that the 
operation of such program in such country is important to the 
national interest.
---------------------------------------------------------
    \276\ Sec. 8(3) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1024) struck out subsecs. (f), (j), and (k) (subsecs. (j) 
and (k) added by sec. 7(3) of Public Law 95-268), and redesignated 
existing subsecs. (g), (h), (i), and (l) as subsecs. (f), (g), (h), and 
(i), respectively.
    Old subsec. (f) authorized the establishment of an Advisory Board 
in order to further the purposes of OPIC; old subsec. (j) blocked OPIC 
support for copper exploration or mining projects begun after Jan. 1, 
1981, and projects for the production of copper beginning after this 
date if the project would cause injury to the primary U.S. copper 
industry; and old subsec. (k) blocked OPIC support for any project to 
establish or expand production of processing of palm oil, sugar, or 
citrus crops for export.
    \277\ Subsec. (f) was originally added as subsec. (g) by sec. 
104(b) of the FA Act of 1971. Reference in the subsection to the 
People's Republic of China was added by Public Law 96-327 (94 Stat. 
1026). Reference to Romania was struck out by sec. 108 of the OPIC 
Amendments Act of 1988, S. 2757, enacted into law by reference in the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268).
    \278\ Section 302(a) of the Support for East European Democracy 
(SEED) Act of 1989 (Public Law 101-179; 103 Stat. 1311) inserted 
reference to Hungary and Poland at this point.
    \279\ Sec. 576(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2044), inserted ``or any other East European country''.
    \280\ Sec. 579(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2435), inserted ``, or Pakistan'' after ``China''. Sec. 579(b) of 
that Act, furthermore, provided the following:
    ``(b) Trade and Development.--It is the sense of Congress that the 
Director of the Trade and Development Agency should use funds made 
available to carry out the provisions of section 661 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2421) to promote United States 
exports to Pakistan.''.
---------------------------------------------------------
    (g) \276\, \281\ The requirements of section 
117(c) of this Act relating to environmental impact statements 
and environmental assessments shall apply to any investment 
which the Corporation insures, reinsures, guarantees, or 
finances under this title in connection with a project in a 
country.
---------------------------------------------------------
    \281\ Subsec. (g) was originally added as subsec. (h) by sec. 
2(5)(B) of the OPIC Amendments Act of 1974 (Public Law 93-390). Sec. 
4(c) of the OPIC Amendments Act of 1985 (Public Law 99-204), restated 
and amended subsec. (g) in its current form. It previously read as 
follows:
    ``Within six months after the date of enactment of this subsection, 
the Corporation shall develop and implement specific criteria intended 
to minimize the potential environmental implications of projects 
undertaken by investors abroad in accordance with any of the programs 
authorized by this title.''.
    The OPIC Amendments Act of 1988, S. 2757, enacted into law by 
reference in the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268) 
replaced ``118(c)'' with ``117(c)''.
---------------------------------------------------------
    (h) \276\, \282\ In order to carry out the 
policy set forth in paragraph (1) of the second undesignated 
paragraph of section 231 of this Act, the Corporation shall 
prepare and maintain for each investment project it insures, 
finances, or reinsures, a development impact profile consisting 
of data appropriate to measure the projected and actual effects 
of such project on development. Criteria for evaluating 
projects shall be developed in consultation with the Agency for 
International Development.\283\
---------------------------------------------------------
    \282\ Subsec. (h) was originally added as subsec. (i) by sec. 7(3) 
of Public Law 95-268 (92 Stat. 215).
    \283\ This consultative function was transferred to the Director of 
IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 
(establishing IDCA).
---------------------------------------------------------
    (i) \276\, \284\ The Corporation shall take into 
account in the conduct of its programs in a country, in 
consultation with the Secretary of State, all available 
information about observance of and respect for human rights 
and fundamental freedoms in such country and the effect the 
operation of such programs will have on human rights and 
fundamental freedoms in such country. The provisions of section 
116 of this Act shall apply to any insurance, reinsurance, 
guaranty, or loan issued by the Corporation for projects in a 
country, except that in addition to the exception (with respect 
to benefiting needy people) set forth in subsection (a) of such 
section, the Corporation may support a project if the national 
security interest so requires.
---------------------------------------------------------
    \284\ Subsec. (i) was originally added as subsec. (l) by sec. 8 of 
Public Law 95-268 (92 Stat. 216).
---------------------------------------------------------
    (j) \285\ The Corporation, including its franchise, 
capital, reserves, surplus, advances, intangible property, and 
income, shall be exempt from all taxation at any time imposed 
by the United States, by any territory, dependency, or 
possession of the United States, or by any State, the District 
of Columbia, or any county, municipality, or local taxing 
authority.
---------------------------------------------------------
    \285\ Secs. 12 and 13 of the OPIC Amendments Act of 1985 (Public 
Law 99-204; 99 Stat. 1674), added subsecs. (j) and (k), respectively.
---------------------------------------------------------
    (k) \285\ The Corporation shall publish, and make available 
to applicants for insurance, reinsurance, guarantees, 
financing, or other assistance made available by the 
Corporation under this title, the policy guidelines of the 
Corporation relating to its programs.
    Sec. 240.\286\ Small Business Development.--The Corporation 
shall undertake, in cooperation with appropriate departments, 
agencies, and instrumentalities of the United States as well as 
private entities and others, to broaden the participation of 
United States small business, cooperatives, and other small 
United States investors in the development of small private 
enterprise in less developed friendly countries or areas. The 
Corporation shall allocate up to 50 percent of its annual net 
income, after making suitable provision for transfers and 
additions to reserves, to assist and facilitate the development 
of projects consistent with the provisions of this section. 
Such funds may be expended, notwithstanding the requirements of 
section 231(a), on such terms and conditions as the Corporation 
may determine, through loans, grants, or other programs 
authorized by section 234 and section 234A.
---------------------------------------------------------
    \286\ 22 U.S.C. 2200. This new sec. 240 was added by sec. 9 of 
Public Law 95-268 (92 Stat. 216). Previously, sec. 240 had concerned 
agricultural credit and self-help community development projects but 
had been repealed by the FA Act of 1974.
---------------------------------------------------------
    Sec. 240A.\287\ Reports to the Congress.--After (a) the end 
of each fiscal year, the Corporation shall submit to the 
Congress a complete and detailed report of its operations 
during such fiscal year. Such report shall include--
---------------------------------------------------------
    \287\ 22 U.S.C. 2200a. Sec. 240A, as added by sec. 105 of the FA 
Act of 1969 and amended by sec. 2(7) of Public Law 93-390, was amended 
and restated by sec. 10 of Public Law 95-268 (92 Stat. 216).
---------------------------------------------------------
          (1) an assessment, based upon the development impact 
        profiles required by section 239(h), of the economic 
        and social development impact and benefits of the 
        projects with respect to which such profiles are 
        prepared, and of the extent to which the operations of 
        Corporation complement or are compatible with the 
        development assistance programs of the United States 
        and other donors; and
          (2) a description of any project for which the 
        Corporation--
                  (A) refused to provide any insurance, 
                reinsurance, guaranty, financing, or other 
                financial support, on account of violations of 
                human rights referred to in section 239(i); or
                  (B) notwithstanding such violations, provided 
                such insurance, reinsurance, guaranty, 
                financing, or financial support, on the basis 
                of a determination (i) that the project will 
                directly benefit the needy people in the 
                country in which the project is located, or 
                (ii) that the national security interest so 
                requires.
    (b) \288\ (1) Each annual report required by subsection (a) 
shall contain projections of the effects on employment in the 
United States of all projects for which, during the preceding 
fiscal year, the Corporation initially issued any insurance, 
reinsurance, or guaranty or made any direct loan. Each such 
report shall include projections of--
---------------------------------------------------------
    \288\ Subsec. (b), which required a one-time report to Congress on 
the development of private and multilateral programs for investment 
insurance and any reinsurance arrangements OPIC had made with private 
insurance companies, multilateral organizations and institutions, or 
other entities, was struck out by sec. 9(a)(2) of the OPIC Amendments 
Act of 1981 (Public Law 97-65; 95 Stat. 1024).
---------------------------------------------------------
          (A) the amount of United States exports to be 
        generated by those projects, both during the start-up 
        phase and over a period of years;
          (B) the final destination of the products to be 
        produced as a result of those projects; and
          (C) the impact such production will have on the 
        production of similar products in the United States 
        with regard to both domestic sales and exports.
    (2) \289\ The projections required by this subsection shall 
be based on an analysis of each of the projects described in 
paragraph (1).
---------------------------------------------------------
    \289\ Sec. 108 of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3654) struck out the former par. (2), and inserted 
new paras. (2) and (3).
---------------------------------------------------------
  (3) \289\ In reporting the projections on employment required 
by this subsection, the Corporation shall specify, with respect 
to each project--
          (A) any loss of jobs in the United States caused by 
        the project, whether or not the project itself creates 
        other jobs;
          (B) any jobs created by the project; and
          (C) the country in which the project is located, and 
        the economic sector involved in the project.
No proprietary information may be disclosed under this 
paragraph.
    (c)(1) \290\ * * * [Repealed--1988]
---------------------------------------------------------
    \290\ Sec. 240A(c) was repealed by sec. 110(b)(1) of the OPIC 
Amendments Act of 1988, S. 2757, enacted into law by reference in the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268). Subsec. 
(c) had required that OPIC submit to Congress not later than December 
31, 1987, a report analyzing the actual effects, as of September 30, 
1986, on employment in the United States of all projects with respect 
to which any insurance, reinsurance, or guaranty issued by the 
Corporation was in effect on September 30, 1986, or with respect to 
which repayments on direct loans by the Corporation were being made as 
of that date.
---------------------------------------------------------
    (d) The Corporation shall maintain as part of its records--
          (1) all information collected in preparing the report 
        required by subsection (c) (as in effect before the 
        enactment of the Overseas Private Investment 
        Corporation Amendments Act of 1988),\291\ whether the 
        information was collected by the Corporation itself or 
        by a contractor; and
---------------------------------------------------------
    \291\ Sec. 110(b)(2) of the OPIC Amendments Act of 1988, S. 2757, 
enacted into law by reference in the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1989 (Public Law 
100-461; 102 Stat. 2268), added the parenthetical text following 
``(c)''.
---------------------------------------------------------
          (2) a copy of the analysis of each project analyzed 
        in preparing the reports required by either subsection 
        (b) or (c) (as in effect before the enactment of the 
        Overseas Private Investment Corporation Amendments Act 
        of 1988).\291\
    (e) \292\ Each annual report required by subsection (a) 
shall include an assessment of programs implemented by the 
Corporation under section 234A(a), including the following 
information, to the extent such information is available to the 
Corporation:
---------------------------------------------------------
    \292\ Sec. 105(b) of the OPIC Amendments Act of 1988, S. 2757, 
enacted into law by reference in the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1989 (Public Law 
100-461; 102 Stat. 2268), amended Sec. 240A by redesignating subsec. 
(e) as (f) and inserting a new subsec. (e).
---------------------------------------------------------
          (1) The nature and dollar value of political risk 
        insurance provided by private insurers in conjunction 
        with the Corporation, which the Corporation was not 
        permitted to provide under this title.
          (2) The nature and dollar value of political risk 
        insurance provided by private insurers in conjunction 
        with the Corporation, which the Corporation was 
        permitted to provide under this title.
          (3) The manner in which such private insurers and the 
        Corporation cooperated in recovery efforts and claims 
        management.
    (f) \292\ Subsections (b) and (e) do not require the 
inclusion in any report submitted pursuant to those subsections 
of any information which would not be required to be made 
available to the public pursuant to section 552 of title 5, 
United States Code (relating to freedom of information).

SEC. 240B.\293\ PROHIBITION ON NONCOMPETITIVE AWARDING OF INSURANCE 
                    CONTRACTS ON OPIC SUPPORTED EXPORTS.

  (a) Requirement for Certification.--
---------------------------------------------------------
    \293\ 22 U.S.C. 2200b. Sec. 109 of the Jobs Through Exports Act of 
1992 (Public Law 102-549; 106 Stat. 3654) added sec. 240B. Previously, 
sec. 240B addressed the return of appropriated funds by the Corporation 
to the general fund of the Treasury.
---------------------------------------------------------
          (1) In general.--Except as provided in paragraph (3), 
        the investor on whose behalf insurance, reinsurance, 
        guaranties, or other financing is provided under this 
        title with respect to a project shall be required to 
        certify to the Corporation that any contract for the 
        export of goods as part of that project will include a 
        clause requiring that United States insurance companies 
        have a fair and open competitive opportunity to provide 
        insurance against risk of loss of such export.
          (2) When certification must be made.--The investor 
        shall be required, in every practicable case, to so 
        certify before the insurance, reinsurance, guarantee, 
        or other financing is provided. In any case in which 
        such a certification is not made in advance, the 
        investor shall include in the certification the reasons 
        for the failure to make a certification in advance.
          (3) Exception.--Paragraph (1) does not apply with 
        respect to an investor who does not, because of the 
        nature of the investment, have a controlling interest 
        in fact in the project in question.
  (b) Reports by the United States Trade Representative.--The 
United States Trade Representative shall review the actions of 
the Corporation under subsection (a) and, after consultation 
with representatives of United States insurance companies, 
shall report to the Congress in the report required by section 
181(b) of the Trade Act of 1974 with respect to such actions.
  (c) Definitions.--For purposes of this section--
          (1) the term ``United States insurance company'' 
        includes--
                  (A) an individual, partnership, corporation, 
                holding company, or other legal entity which is 
                authorized, or in the case of a holding 
                company, subsidiaries of which are authorized, 
                by a State to engage in the business of issuing 
                insurance contracts or reinsuring the risk 
                underwritten by insurance companies; and
                  (B) foreign operations, branches, agencies, 
                subsidiaries, affiliates, or joint ventures of 
                any entity described in subparagraph (A);
          (2) United States insurance companies shall be 
        considered to have had a ``fair and open competitive 
        opportunity to provide insurance'' if they--
                  (A) have received notice of the opportunity 
                to provide insurance; and
                  (B) have been evaluated on a 
                nondiscriminatory basis; and
          (3) the term ``State'' includes the District of 
        Columbia and any commonwealth, territory, or possession 
        of the United States.

             Title V--Disadvantaged Children in Asia \294\

    Sec. 241.\295\ Assistance to Certain Disadvantaged Children 
in Asia.--(a) The Congress recognizes the humanitarian needs of 
disadvantaged children in Asian countries where there has been 
or continues to be a heavy presence of United States military 
and related personnel in recent years. Moreover, the Congress 
finds that inadequate provision has been made for the care and 
welfare of such disadvantaged children, particularly those 
fathered by the United States citizens.
---------------------------------------------------------
    \294\ Sec. 116 of the International Development and Food Assistance 
Act of 1978 (Public Law 95-424; 92 Stat. 952) struck out the title 
heading ``Development Research'' and added this new heading for title 
V.
    \295\ 22 U.S.C. 2201. This new sec. 241 was added by sec. 116 of 
the International Development and Food Assistance Act of 1978 (Public 
Law 95-424; 92 Stat. 952). Previously, sec. 241 had contained the 
general authority under title V but had been repealed by Public Law 94-
161 (89 Stat. 849).
---------------------------------------------------------
    (b) Accordingly, the President is authorized to expend up 
to $3,000,000 \296\ of funds made available under chapter 1 of 
this part, in addition to funds otherwise available for such 
purposes, to help meet the needs of these disadvantaged 
children in Asia by assisting in the expansion and improvement 
of orphanages, hostels, day care centers, school feeding 
programs, and health, education, and welfare programs. 
Assistance provided under this section shall be furnished under 
the auspices of and by international organizations or private 
voluntary agencies operating within, and in cooperation with, 
the countries of Asia where these disadvantaged children 
reside.
---------------------------------------------------------
    \296\ Sec. 903(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) increased the 
authorization of funds from $2,000,000 to $3,000,000.
---------------------------------------------------------

      Title VI--Alliance for Progress \297\ * * * [Repealed--1978]

     Title VII--Evaluation of Programs \298\ * * * [Repealed--1978]

Title VIII--Southeast Asia Multilateral and Regional Programs \299\ * * 
                           * [Repealed--1978]

 Title IX--Utilization of Democratic Institutions in Development \300\

    Sec. 281.\301\ Utilization of Democratic Institutions in 
Development. --(a) \302\ In carrying out programs authorized in 
this chapter and chapter 1,\303\ emphasis shall be placed on 
assuring maximum participation in the task of economic 
development on the part of the people of the developing 
countries, through the encouragement of democratic private and 
local governmental institutions.
---------------------------------------------------------
    \297\ Title VI, as added by the FA Act of 1962, was repealed by 
sec. 102(g)(1)(A) of the International Development and Food Assistance 
Act of 1978 (Public Law 95-424; 92 Stat. 942).
    \298\ Title VII, as added by the FA Act of 1963, was repealed by 
sec. 102(g)(1)(A) of the International Development and Food Assistance 
Act of 1978 (Public Law 95-424; 92 Stat. 942).
    \299\ Title VIII, as added by the FA Act of 1966, was repealed by 
sec. 102(g)(1)(A) of the International Development and Food Assistance 
Act of 1978 (92 Stat. 942).
    \300\ Title IX was added by sec. 106 of the FA Act of 1966.
    \301\ 22 U.S.C. 2218. Sec. 281 was added by sec. 106 of the FA Act 
of 1966.
    \302\ Subsec. designation ``(a)'' and subsecs. (b), (c) and (d) 
were added by sec. 108, of the FA Act of 1967.
    \303\ The words ``and chapter 1'' were added by sec. 102(g)(2)(A) 
of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 942).
---------------------------------------------------------
    (b) \302\ In order to carry out the purposes of this title, 
programs under this chapter and chapter 1 \303\ shall--
          (1) recognize the differing needs, desires, and 
        capacities of the people of the respective developing 
        countries and areas;
          (2) use the intellectual resources of such countries 
        and areas in conjunction with assistance provided under 
        this Act so as to encourage the development of 
        indigenous institutions that meet their particular 
        requirements for sustained economic and social 
        progress; and
          (3) support civic education and training in skills 
        required for effective participation in governmental 
        and political processes essential to self-government.
    (c) \302\ In the allocation of funds for research under 
this chapter and chapter 1,\303\ emphasis shall be given to 
research designed to examine the political, social, and related 
obstacles to development in countries receiving assistance 
under part I of this Act. In particular, emphasis should be 
given to research designed to increase understanding of the 
ways in which development assistance can support democratic, 
social and political trends in recipient countries.\304\
---------------------------------------------------------
    \304\ The last sentence was added by sec. 106(a) of the FA Act of 
1968.
---------------------------------------------------------
    (d) \302\ Emphasis shall also be given to the evaluation of 
relevant past and current programs under part I of this Act and 
to applying this experience so as to strengthen their 
effectiveness in implementing the objectives of this title.
    (e) \305\ In order to carry out the purposes of this title, 
the agency primarily responsible for administering part I of 
this Act, shall develop systematic programs of inservice 
training to familiarize its personnel with the objectives of 
this title and to increase their knowledge of the political and 
social aspects of development. In addition to other funds 
available for such purposes, not to exceed 1 per centum of the 
funds authorized to be appropriated for grant assistance under 
this chapter and chapter 1 \303\ may be used for carrying out 
the objectives of this subsection.
---------------------------------------------------------
    \305\ Subsec. (e) was added by sec. 106(b) of the FA Act of 1968.
---------------------------------------------------------

Title X--Programs Relating to Population Growth \306\ * * * [Repealed--
                                 1978]

 Title XI--Food Production Targets and Reports \307\ * * * [Repealed--
                                 1978]

       Title XII--Famine Prevention and Freedom From Hunger \308\

    Sec. 296.\308\ General Provisions.--(a) The Congress 
declares that, in order to prevent famine and establish freedom 
from hunger, the United States should strengthen the capacities 
of the United States land-grant and other eligible universities 
in program-related agricultural institutional development and 
research, consistent with sections 103 and 103A, should improve 
their participation in the United States Government's 
international efforts to apply more effective agricultural 
sciences to the goal of increasing world food production, and 
in general should provide increased and longer term support to 
the application of science to solving food and nutrition 
problems of the developing countries.
---------------------------------------------------------
    \306\ Title X, as added by the FA Act of 1967, was repealed by sec. 
104(b) of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 947).
    \307\ Title XI, as added by the FA Act of 1967, was repealed by 
sec. 502(d)(1) of the International Development and Food Assistance Act 
of 1978 (Public Law 95-424; 92 Stat. 959).
    \308\ 22 U.S.C. 2220a. Sec. 312 of Public Law 94-161 (89 Stat. 849) 
added title XII and new sec. 296.
---------------------------------------------------------
    The Congress so declares because it finds--
          (1) that the establishment, endowment, and continuing 
        support of land-grant universities in the United States 
        by Federal, State, and county governments has led to 
        agricultural progress in this country;
          (2) that land-grant and other universities in the 
        United States have demonstrated over many years their 
        ability to cooperate with foreign agricultural 
        institutions in expanding indigenous food production 
        for both domestic and international markets;
          (3) that, in a world of growing population with 
        rising expectations, increased food production and 
        improved distribution, storage, and marketing in the 
        developing countries is necessary not only to prevent 
        hunger but to build the economic base for growth, and 
        moreover, that the greatest potential for increasing 
        world food supplies is in the developing countries 
        where the gap between food need and food supply is the 
        greatest and current yields are lowest;
          (4) that increasing and making more secure the supply 
        of food is of greatest benefit to the poorest majority 
        in the developing world;
          (5) that research, teaching, and extension 
        activities, and appropriate institutional development 
        therefor are prime factors in increasing agricultural 
        production abroad (as well as in the United States) and 
        in improving food distribution, storage, and marketing;
          (6) moreover, that agricultural research abroad has 
        in the past and will continue in the future to provide 
        benefits for agriculture in the United States and that 
        increasing the availability of food of higher 
        nutritional quality is of benefit to all; and
          (7) that universities need a dependable source of 
        Federal funding, as well as other financing, in order 
        to expand, or in some cases to continue, their efforts 
        to assist in increasing agricultural production in 
        developing countries.
    (b) Accordingly, the Congress declares that, in order to 
prevent famine and establish freedom from hunger, various 
components must be brought together in order to increase world 
food production, including--
          (1) strengthening the capabilities of universities to 
        assist in increasing agricultural production in 
        developing countries;
          (2) institution-building programs for development of 
        national and regional agricultural research and 
        extension capacities in developing countries which need 
        assistance;
          (3) international agricultural research centers;
          (4) contract research; and
          (5) research program grants.
    (c) The United States should--
          (1) effectively involve the United States land-grant 
        and other eligible universities more extensively in 
        each component;
          (2) provide mechanisms for the universities to 
        participate and advise in the planning, development, 
        implementation, and administration of each component; 
        and
          (3) assist such universities in cooperative joint 
        efforts with--
                  (A) agricultural institutions in developing 
                nations, and
                  (B) regional and international agricultural 
                research centers,
          directed to strengthening their joint and respective 
        capabilities and to engage them more effectively in 
        research, teaching, and extension activities for 
        solving problems in food production, distribution, 
        storage, marketing, and consumption in agriculturally 
        underdeveloped nations.
    (d) As used in this title, the term ``universities'' means 
those colleges or universities in each State, territory, or 
possession of the United States, or the District of Columbia, 
now receiving, or which may hereafter receive, benefits under 
the Act of July 2, 1862 (known as the First Morrill Act), or 
the Act of August 30, 1890 (known as the Second Morrill Act), 
which are commonly known as ``land-grant'' universities; 
institutions now designated or which may hereafter be 
designated as sea-grant colleges under the Act of October 15, 
1966 (known as the National Sea Grant College and Program Act), 
which are commonly known as sea-grant colleges; and other 
United States colleges and universities which--
          (1) have demonstrable capacity in teaching, research, 
        and extension activities in the agricultural sciences; 
        and
          (2) can contribute effectively to the attainment of 
        the objective of this title.
    (e) As used in this title, the term ``Administrator'' means 
the Administrator of the Agency for International 
Development.\309\
---------------------------------------------------------
    \309\ Sec. 6 of Reorganization Plan No. 2 of 1979 (establishing 
IDCA), transferred all responsibilities and functions vested in this 
subsection from the Administrator to the Director of IDCA.
---------------------------------------------------------
    (f) \310\ * * * [Repealed--1978]
---------------------------------------------------------
    \310\ Subsecs. (f) and (g), which defined the terms ``agriculture'' 
and ``farmers,'' were repealed by sec. 103(c) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 945). Similar definitions for these terms can now be found in 
sec. 644 (o) and (p) of this Act.
---------------------------------------------------------
    (g) \310\ * * * [Repealed--1978]
    Sec. 297.\311\ General Authority.--(a) To carry out the 
purposes of this title, the President is authorized to provide 
assistance on such terms and conditions as he shall determine--
---------------------------------------------------------
    \311\ 22 U.S.C. 2220b. Sec. 297 was added by sec. 312 of Public Law 
94-161 (89 Stat. 849).
---------------------------------------------------------
          (1) to strengthen the capabilities of universities in 
        teaching, research, and extension work to enable them 
        to implement current programs authorized by paragraphs 
        (2), (3), (4), and (5) of this subsection, and those 
        proposed in the report required by section 300 of this 
        title;
          (2) to build and strengthen the institutional 
        capacity and human resources skills of agriculturally 
        developing countries so that these countries may 
        participate more fully in the international 
        agricultural problem-solving effort and to introduce 
        and adapt new solutions to local circumstances;
          (3) to provide program support for long-term 
        collaborative university research, in the developing 
        countries themselves to the maximum extent 
        practicable,\312\ on food production, distribution, 
        storage, marketing and consumption;
---------------------------------------------------------
    \312\ The words ``, in the developing countries themselves to the 
maximum extent practicable,'' were added by sec. 113(1) of the 
International Development Cooperation Act of 1979 (Public Law 96-53; 93 
Stat. 364).
---------------------------------------------------------
          (4) to involve universities more fully in the 
        international network of agricultural science, 
        including the international research centers, the 
        activities of international organizations such as the 
        United Nations Development Program and the Food and 
        Agriculture Organization, and the institutions of 
        agriculturally developing nations; and
          (5) to provide program support for international 
        agricultural research centers, to provide support for 
        research projects identified for specific problem-
        solving needs, and to develop and strengthen national 
        research systems in the developing countries.
    (b) Programs under this title shall be carried out so as 
to--
          (1) utilize and strengthen the capabilities of 
        universities in--
                  (A) developing capacity in the cooperating 
                nation for classroom teaching in agriculture, 
                plant and animal sciences, human nutrition, and 
                vocational and domestic arts and other relevant 
                fields appropriate to local needs;
                  (B) agricultural research to be conducted in 
                the cooperating nations, at international 
                agricultural research centers, or in the United 
                States;
                  (C) the planning, initiation, and development 
                of extension services through which information 
                concerning agriculture and related subjects 
                will be made available directly to farmers and 
                farm families in the agriculturally developing 
                nations by means of education and 
                demonstration; or
                  (D) the exchange of educators, scientists, 
                and students for the purpose of assisting in 
                successful development in the cooperating 
                nations;
          (2) take into account the value to the United States 
        agriculture of such programs, integrating to the extent 
        practicable the programs and financing authorized under 
        this title with those supported by other Federal or 
        State resources so as to maximize the contribution to 
        the development of agriculture in the United States and 
        in agriculturally developing nations; and
          (3) whenever practicable, build on existing programs 
        and institutions including those of the universities 
        and the United States Department of Agriculture and the 
        United States Department of Commerce.
    (c) \313\ To the maximum extent practicable, activities 
under this section shall--
---------------------------------------------------------
    \313\ Subsec. (c) was amended and restated by sec. 113(2) of the 
International Development Cooperation Act of 1979 (Public Law 96-53; 93 
Stat. 364). It formerly read as follows:
    ``(c) To the maximum extent practicable, activities under this 
section shall (1) be designed to achieve the most effective 
interrelationship among the teaching of agricultural sciences, 
research, and extension work, (2) joins primarily on the needs of 
agricultural producers, (3) be adapted to local circumstances, and (4) 
be carried out within the developing countries.''
---------------------------------------------------------
          (1) be directly related to the food and agricultural 
        needs of developing countries;
          (2) be carried out within the developing countries;
          (3) be adapted to local circumstances;
          (4) provide for the most effective interrelationship 
        between research, education, and extension in promoting 
        agricultural development in developing countries; and
          (5) emphasize the improvement of local systems for 
        delivering the best available knowledge to the small 
        farmers of such countries.
    (d) The President shall exercise his authority under this 
section through the Administrator.\314\
---------------------------------------------------------
    \314\ This authority of the Administrator was transferred to the 
Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 
1979 (establishing IDCA).
---------------------------------------------------------
    Sec. 298.\315\ Board for International Food and 
Agricultural Development.--(a) To assist in the administration 
of the programs authorized by this title, the President shall 
establish a permanent Board for International Food and 
Agricultural Development (hereafter in this title referred to 
as the ``Board'') consisting of seven members, not less than 
four to be selected from the universities. Terms of members 
shall be set by the President at the time of appointment. 
Members of the Board shall be entitled to such reimbursement 
for expenses incurred in the performance of their duties 
(including per diem in lieu of subsistence while away from 
their homes or regular place of business) as the President 
deems appropriate.
---------------------------------------------------------
    \315\ 22 U.S.C. 2220c. Sec. 298 was added by sec. 312 of Public Law 
94-161 (89 Stat. 849).
---------------------------------------------------------
    (b) The Board's general areas of responsibility shall 
include, but not be limited to--
          (1) participating in the planning, development, and 
        implementation of,
          (2) initiating recommendations for, and
          (3) monitoring of,
the activities described in section 297 of this title.
    (c) The Board's duties shall include, but not necessarily 
be limited to--
          (1) participating in the formulation of basic policy, 
        procedures, and criteria for project proposal review, 
        selection, and monitoring;
          (2) developing and keeping current a roster of 
        universities--
                  (A) interested in exploring their potential 
                for collaborative relationships with 
                agricultural institutions, and with scientists 
                working on significant programs designed to 
                increase food production in developing 
                countries,
                  (B) having capacity in the agricultural 
                sciences,
                  (C) able to maintain an appropriate balance 
                of teaching, research, and extension functions,
                  (D) having capacity, experience, and 
                commitment with respect to international 
                agricultural efforts, and
                  (E) able to contribute to solving the 
                problems addressed by this title;
          (3) recommending which developing nations could 
        benefit from programs carried out under this title, and 
        identifying those nations which have an interest in 
        establishing or developing agricultural institutions 
        which engage in teaching, research, or extension 
        activities;
          (4) reviewing and evaluating memorandums of 
        understanding or other documents that detail the terms 
        and conditions between the Administrator and 
        universities participating in programs under this 
        title;
          (5) reviewing and evaluating agreements and 
        activities authorized by this title and undertaken by 
        universities to assure compliance with the purposes of 
        this title;
          (6) recommending to the Administrator the 
        apportionment of funds under section 297 of this title; 
        \316\ and
---------------------------------------------------------
    \316\ This function of the Administrator was transferred to the 
Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 
1979 (establishing IDCA).
---------------------------------------------------------
          (7) assessing the impact of programs carried out 
        under this title in solving agricultural problems in 
        the developing nations.
    (d) The President may authorize the Board to create such 
subordinate units as may be necessary for the performance of 
its duties, including but not limited to the following:
          (1) a Joint Research Committee to participate in the 
        administration and development of the collaborative 
        activities described in section 297(a)(3) of this 
        title; and
          (2) a Joint Committee on Country Programs which shall 
        assist in the implementation of the bilateral 
        activities described in sections 297(a)(2), 297(a)(4), 
        and 297(a)(5).
    (e) In addition to any other functions assigned to and 
agreed to by the Board, the Board shall be consulted in the 
preparation of the annual report required by section 300 of 
this title and on other agricultural development activities 
related to programs under this title.
    Sec. 299.\317\ Authorization.--(a) The President is 
authorized to use any of the funds hereafter made available 
under section 103 of this Act to carry out the purposes of this 
title. Funds made available for such purposes may be used 
without regard to the provisions of sections 110(b) and 122(d) 
\318\ of this Act.
---------------------------------------------------------
    \317\ 22 U.S.C. 2220d. Sec. 299 was added by sec. 312 of Public Law 
94-161 (89 Stat. 849).
    \318\ The references to ``110(b) and 122(d)'' were inserted in lieu 
of ``110(b), 211(a), and 211(d)'' by sec. 102(c)(2) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 941).
---------------------------------------------------------
    (b) Foreign currencies owned by the United States and 
determined by the Secretary of the Treasury to be excess to the 
needs of the United States shall be used to the maximum extent 
possible in lieu of dollars in carrying out the provisions of 
this title.
    (c) Assistance authorized under this title shall be in 
addition to any allotments or grants that may be made under 
other authorizations.
    (d) Universities may accept and expend funds from other 
sources, public and private, in order to carry out the purposes 
of this title. All such funds, both prospective and inhand, 
shall be periodically disclosed to the Administrator as he 
shall by regulation require, but no less often than in an 
annual report.\319\
---------------------------------------------------------
    \319\ This function of the Administrator was transferred to the 
Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 
1979 (establishing IDCA).
---------------------------------------------------------
    Sec. 300.\320\ Annual Report.--The President shall transmit 
to the Congress, not later than April 1 of each year, a report 
detailing the activities carried out pursuant to this title 
during the preceding fiscal year and containing a projection of 
programs and activities to be conducted during the subsequent 
five fiscal years. Each report shall contain a summary of the 
activities of the Board established pursuant to section 298 of 
this title and may include the separate views of the Board with 
respect to any aspect of the programs conducted or proposed to 
be conducted under this title.
---------------------------------------------------------
    \320\ 22 U.S.C. 2220e. Sec. 300 was added by sec. 312 of Public Law 
94-161 (89 Stat. 849).
---------------------------------------------------------

          Chapter 3--International Organizations and Programs

    Sec. 301.\321\ General Authority.--(a) When he determines 
it to be in the national interest, the President is authorized 
to make voluntary contributions on a grant basis to 
international organizations and to programs administered by 
such organizations,\322\ and in the case of the Indus Basin 
Development Fund administered by the International Bank for 
Reconstruction and Development to make grants and loans payable 
as to principal and interest in United States dollars and 
subject to the provisions of section 122(b),\323\ on such terms 
and conditions as he may determine, in order to further the 
purposes of this part.
---------------------------------------------------------
    \321\ 22 U.S.C. 2221.
    \322\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2388), provided the following:
---------------------------------------------------------

               ``child survival and disease programs fund
---------------------------------------------------------
    ``For necessary expenses to carry out the provisions of chapters 1 
and 10 of part I of the Foreign Assistance Act of 1961, for child 
survival, basic education, assistance to combat tropical and other 
diseases, and related activities, in addition to funds otherwise 
available for such purposes, $650,000,000, to remain available until 
expended: Provided, That this amount shall be made available for such 
activities as: (1) immunization programs; (2) oral rehydration 
programs; (3) health and nutrition programs, and related education 
programs, which address the needs of mothers and children; (4) water 
and sanitation programs; (5) assistance for displaced and orphaned 
children; (6) programs for the prevention, treatment, and control of, 
and research on, tuberculosis, HIV/AIDS, polio, malaria and other 
diseases; (7) up to $98,000,000 for basic education programs for 
children; and (8) a contribution on a grant basis to the United Nations 
Children's Fund (UNICEF) pursuant to section 301 of the Foreign 
Assistance Act of 1961.''.
    \323\ The words to this point, beginning with ``, and in the case 
of the Indus Basin'', were added by sec. 107(a) of the FA Act of 1966. 
The reference to sec. 122(b) was substituted in lieu of a reference to 
sec. 201(d) by the International Development and Food Assistance Act of 
1978 (Public Law 95-424; 92 Stat. 941).
---------------------------------------------------------
    (b) \324\ * * * [Repealed--1981]
---------------------------------------------------------
    \324\ Subsec. (b), as amended by sec. 107(b) of the FA Act of 1966, 
was repealed by sec. 734(a)(1) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). 
It formerly read as follows:
    ``(b) Contributions to the United Nations Development Program for 
the calendar years succeeding 1961 may not exceed forty per centum of 
the total amount contributed for such purposes (including assessed and 
audited local costs) for each such year. The President shall seek to 
assure that no contribution to the United Nations Development Program 
authorized by this Act shall be used for projects for economic or 
technical assistance to the Government of Cuba, so long as Cuba is 
governed by the Castro regime.''.
---------------------------------------------------------
    (c) \325\ No contributions by the United States shall be 
made to the United Nations Relief and Works Agency for 
Palestine Refugees in the Near East except on the condition 
that the United Nations Relief and Works Agency take all 
possible measures to assure that no part of the United States 
contribution shall be used to furnish assistance to any refugee 
who is receiving military training as a member of the so-called 
Palestine Liberation Army or any other guerrilla type 
organization or who has engaged in any act of terrorism.
---------------------------------------------------------
    \325\ Subsec. (c) was amended by sec. 108(a) of the FA Act of 1969. 
It formerly read as follows: ``(c) In determining whether or not to 
continue furnishing assistance for Palestine refugees in the Near East 
through contributions to the United Nations Relief and Works agency for 
Palestine Refugees in the Near East, the President shall take into 
account (1) whether Israel and the Arab host governments are taking 
steps toward the resettlement and repatriation of such refugees, and 
(2) the extent and success of efforts by the Agency and the Arab host 
governments to rectify the Palestine refugee relief rolls. 
Contributions by the United States for the fiscal year 1967 shall not 
exceed $13,300,000. No contributions under this subsection shall be 
made except on the condition that the United Nations Relief and Works 
Agency take all possible measures to assure that no part of the United 
States contribution shall be used to furnish assistance to any refugee 
who is receiving military training as a member of the so-called 
Palestine Liberation Army.''.
---------------------------------------------------------
    (d) \326\ In any case in which a fund established solely by 
United States contributions under this or any other Act is 
administered by an international organization under the terms 
of an agreement between the United States and such 
international organization, such agreement shall provide that 
the Comptroller General of the United States shall conduct such 
audits as are necessary to assure that such fund is 
administered in accordance with such agreement. The President 
shall undertake to modify any existing agreement entered into 
before the date of enactment of this subsection to conform to 
the requirements of the preceding sentence. The Comptroller 
General shall report simultaneously to the Congress and the 
President the results of the audit conducted under this 
subsection.\327\
---------------------------------------------------------
    \326\ Subsec. (d) was added by sec. 110(a) of the FA Act of 1967.
    \327\ This sentence was added by sec. 701(a) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3156).
---------------------------------------------------------
    (e) \328\ (1) In the case of the United Nations and its 
affiliated organizations, including the International Atomic 
Energy Agency, the President shall, acting through the United 
States representative to such organizations, propose and 
actively seek the establishment by the governing authorities of 
such organizations of external, professionally qualified groups 
\329\ of appropriate size for the purpose of providing an 
independent and continuous program of selective examinations, 
review, evaluation, and audits \330\ of the programs and 
activities of such organizations. Such proposal shall provide 
that such groups \329\ shall be established in accordance with 
such terms of reference as such governing authority may 
prescribe and that the reports of such groups \329\ on each 
examination, review, evaluation or audits \330\ shall be 
submitted directly to such governing authority for transmittal 
to the representative of each individual member nation. Such 
proposal shall further include a statement of auditing and 
reporting standards, as prepared by the Comptroller General of 
the United States, for the consideration of the governing 
authority of the international organization concerned to assist 
in formulating terms of reference for such review and 
evaluation groups.\329\
---------------------------------------------------------
    \328\ Subsec. (e) was added by sec. 9(1) of the FA Act of 1973.
    \329\ The reference to external groups was inserted in lieu of a 
reference to a single group by sec. 702(b) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3156). All other references in subsec. (e) to these groups were 
also made plural by sec. 702(b).
    \330\ The reference to an audit was added by sec. 702(b) of the 
International Security and Development Cooperation Act of 1980 (Public 
Law 96-533; 94 Stat. 3156).
---------------------------------------------------------
    (2) In the case of the International Bank for 
Reconstruction and Development and the Asian Development Bank, 
the President shall, acting through the United States 
representative to such organizations, propose and actively seek 
the establishment by the governing authorities of such 
organizations professionally qualified groups of appropriate 
size for the purpose of providing an independent and continuous 
program of selective examination, review, evaluation, and 
audits \330\ of the programs and activities of such 
organizations. Such proposal shall provide that such groups 
shall be established in accordance with such terms of reference 
as such governing authorities may prescribe, and that the 
reports of such groups on each examination, review, evaluation, 
or audit \330\ shall be submitted directly to such governing 
authority for transmittal to the representative of each 
individual member nation. Such proposal shall further include a 
statement of auditing and reporting standards, as prepared by 
the Comptroller General of the United States, for the 
consideration of the governing authority of the international 
organization concerned to assist in formulating terms of 
reference for such review and evaluation groups.
    (3) \331\ * * * [Repealed--1981]
---------------------------------------------------------
    \331\ Par. (3), as added by sec. 9(1) of the FA Act of 1973 and 
amended by sec. 702(b)(6) of Public Law 96-533, was repealed by sec. 
734(a)(1) of the International Security and Development Cooperation Act 
of 1981 (Public Law 97-113; 95 Stat. 1560). Par. (3) had required that 
the U.S. representatives to these international organizations submit 
any reports they received under this subsection to the President for 
transmittal to Congress and the Comptroller General. The Comptroller 
General was also directed to periodically review these reports and 
submit any appropriate suggestions to the Congress and the President.
---------------------------------------------------------
    (f) \332\ The President is hereby authorized to permit 
United States participation in the International Fertilizer 
Development Center and is authorized to use any of the funds 
made available under this part for the purpose of furnishing 
assistance to the Center on such terms and conditions as he may 
determine.
---------------------------------------------------------
    \332\ Subsec. (f) was added by sec. 313(c) of Public Law 94-161 (89 
Stat. 849).
---------------------------------------------------------
    (g) \333\ It is the sense of the Congress that the 
President should instruct the appropriate representatives of 
the United States to the United Nations to encourage the 
specialized agencies of the United Nations to transfer the 
funding of technical assistance programs carried out by such 
agencies to the United Nations Development Program.
---------------------------------------------------------
    \333\ Subsec. (g) was added by sec. 117(d) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 953).
---------------------------------------------------------
    (h) \334\ The President is authorized to permit the United 
States to participate in and to use any of the funds made 
available under this part after the date of enactment of this 
subsection for the purpose of furnishing assistance (on such 
terms and conditions as the President may determine) to the 
International Food Policy Research Institute.
---------------------------------------------------------
    \334\ Subsec. (h) was added by sec. 311(a) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1560).
---------------------------------------------------------
    Sec. 302.\335\ Authorization.--(a)(1) There are authorized 
to be appropriated to the President $270,000,000 for fiscal 
year 1986 and $236,084,000 for fiscal year 1987 \336\ for 
grants to carry out the purposes of this chapter, in addition 
to funds available under other Acts for such purposes. Of the 
amount appropriated for each of the fiscal years 1986 and 1987 
pursuant to these authorizations--
---------------------------------------------------------
    \335\ 22 U.S.C. 2222.
    \336\ The amount $236,084,000 was substituted in lieu of the amount 
$275,000,000 by sec. 404 of Public Law 99-529 (100 Stat. 3010).
    The authorization figures and earmarkings for fiscal years 1986 and 
1987 were added by sec. 402(a) of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190).
    Authorizations under sec. 302 during recent years included the 
following: fiscal year 1975--$165,000,000; fiscal year 1976--
$195,500,000; fiscal year 1977--$219,900,000; fiscal year 1978--
$252,000,000; fiscal year 1979--$285,450,000; fiscal year 1980--
$267,280,000; fiscal year 1981--$233,350,000; fiscal year 1982--
$218,600,000; fiscal year 1983--$218,600,000; fiscal year 1984--
$266,214,000; fiscal year 1985--no authorization; fiscal year 1988--no 
authorization; fiscal year 1989--no authorization; fiscal year 1990--no 
authorization; fiscal year 1991--no authorization; fiscal year 1992--no 
authorization; fiscal year 1993--no authorization; fiscal year 1994--no 
authorization; fiscal year 1995--no authorization; fiscal year 1996--no 
authorization; fiscal year 1997--no authorization.
    Congress did not enact an authorization for fiscal year 1998. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118), waived the requirements 
for authorization, and title IV of that Act (111 Stat. 2405) provided 
the following:
---------------------------------------------------------

               ``international organizations and programs
---------------------------------------------------------
    ``For necessary expenses to carry out the provisions of section 301 
of the Foreign Assistance Act of 1961, and of section 2 of the United 
Nations Environment Program Participation Act of 1973, $192,000,000: 
Provided, That none of the funds appropriated under this heading shall 
be made available for the United Nations Fund for Science and 
Technology: Provided further, That none of the funds appropriated under 
this heading that are made available to the United Nations Population 
Fund (UNFPA) shall be made available for activities in the People's 
Republic of China: Provided further, That not more than $25,000,000 of 
the funds appropriated under this heading may be made available to 
UNFPA: Provided further, That not more than one-half of this amount may 
be provided to UNFPA before March 1, 1998, and that no later than 
February 15, 1998, the Secretary of State shall submit a report to the 
Committees on Appropriations indicating the amount UNFPA is budgeting 
for the People's Republic of China in 1998: Provided further, That any 
amount UNFPA plans to spend in the People's Republic of China in 1998 
shall be deducted from the amount of funds provided to UNFPA after 
March 1, 1998, pursuant to the previous provisos: Provided further, 
That with respect to any funds appropriated under this heading that are 
made available to UNFPA, UNFPA shall be required to maintain such funds 
in a separate account and not commingle them with any other funds: 
Provided further, That none of the funds appropriated under this 
heading may be made available to the Korean Peninsula Energy 
Development Organization (KEDO) or the International Atomic Energy 
Agency (IAEA): Provided further, That not less than $4,000,000 should 
be made available to the World Food Program.''.
    See also paragraph on AID child survival and disease programs fund 
in title II (restated above in footnote 322); paragraph on development 
assistance providing funding for the International Fund for 
Agricultural Development in title II; paragraph on nonproliferation, 
anti-terrorism, demining and related programs in title II; sec. 515, 
relating to notification requirements; sec. 516, relating to limiting 
the availability of funds for international organizations and programs; 
sec. 523, relating to prohibiting indirect funding to certain 
countries; sec. 564, relating to restrictions on voluntary 
contributions to U.N. agencies.
---------------------------------------------------------
          (A) 59.65 percent shall be for the United Nations 
        Development Program;
          (B) 19.30 percent shall be for the United Nations 
        Children's Fund;
          (C) 7.20 percent shall be for the International 
        Atomic Energy Agency, except that these funds may be 
        contributed to that Agency only if the Secretary of 
        State determines (and so reports to the Congress) that 
        Israel is not being denied its right to participate in 
        the activities of that Agency;
          (D) 5.44 percent shall be for Organization of 
        American States development assistance programs;
          (E) 3.51 percent shall be for the United Nations 
        Environment Program;
          (F) 0.70 percent shall be for the World 
        Meteorological Organization;
          (G) 0.70 percent shall be for the United Nations 
        Capital Development Fund;
          (H) 0.35 percent shall be for the United Nations 
        Education and Training Program for Southern Africa;
          (I) 0.18 percent shall be for the United Nations 
        Voluntary Fund for the Decade for Women;
          (J) 0.07 percent shall be for the Convention on 
        International Trade in Endangered Species;
          (K) 0.70 percent shall be for the World Food Program;
          (L) 0.18 percent shall be for the United Nations 
        Institute for Namibia;
          (M) 0.12 percent shall be for the United Nations 
        Trust Fund for South Africa;
          (N) 0.04 percent shall be for the United Nations 
        Voluntary Fund for Victims of Torture;
          (O) 0.07 percent shall be for the United Nations 
        Industrial Development Organization;
          (P) 0.55 percent shall be for the United Nations 
        Development Program Trust Fund To Combat Poverty and 
        Hunger in Africa;
          (Q) 0.97 percent shall be for contributions to 
        international conventions and scientific organizations;
          (R) 0.18 percent for the United Nations Center on 
        Human Settlements (Habitat); and
          (S) 0.09 percent shall be for the World Heritage 
        Fund.\337\
---------------------------------------------------------
    \337\ Sec. 117(e) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 953) also provided 
an authorization of $1,000,000 for contribution to the World Assembly 
on Aging.
---------------------------------------------------------
    (2) \338\ The Congress reaffirms its support for the work 
of the Inter-American Commission on Human Rights. To permit 
such Commission to better fulfill its function of insuring 
observance and respect for human rights within this hemisphere, 
not less than $357,000 of the amount appropriated for fiscal 
year 1976 and $358,000 of the amount appropriated for fiscal 
year 1977, for contributions to the Organization of American 
States, shall be used only for budgetary support for the Inter-
American Commission on Human Rights.
---------------------------------------------------------
    \338\ Par. (2) was added by sec. 313(a)(1)(C) of Public Law 94-161 
(89 Stat. 849)
---------------------------------------------------------
    (3) \339\ * * * [Repealed--1981]
---------------------------------------------------------
    \339\ Par. (3), which had prohibited the use of funds under this 
subsection for the U.N. Institute for Namibia during fiscal year 1979 
unless the President determined that such funds would not be used to 
support the military or paramilitary activities of the South-West 
African Peoples Organization, was repealed by sec. 734(a) of the 
International Security and Development Cooperation Act 1981 (Public Law 
97-113; 95 Stat. 1560).
---------------------------------------------------------
    (b)(1) \340\ There is authorized to be appropriated to the 
President for loans for Indus Basin Development to carry out 
the purposes of this section, in addition to funds available 
under this or any other Act for such purposes, for use 
beginning in the fiscal year 1969, $61,220,000.\341\ Such 
amounts are authorized to remain available until expended.
---------------------------------------------------------
    \340\ Paragraph designation ``(1)'' and par. (2) were added by sec. 
108(c) of the FA Act of 1969.
    \341\ Sec. 313(a)(2) of Public Law 94-161 (89 Stat. 849) inserted 
``$61,220,000'' in lieu of ``$51,220,000''.
    FA Appropriations Act, 1976: ``Indus Basin Development Fund, loans: 
For expenses authorized by section 302(b)(1) $10,000,000, to remain 
available until expended: Provided, That no other funds appropriated or 
made available under this Act shall be used for the purposes of such 
section during the current fiscal year.''
---------------------------------------------------------
    (2) \340\ There is authorized to be appropriated to the 
President for grants for Indus Basin Development, in addition 
to any other funds available for such purposes, for use in the 
fiscal year 1974, $14,500,000,\342\ and for use in the fiscal 
year 1975, $14,500,000,\342\ and for use beginning in the 
fiscal year 1976, $27,000,000,\343\ which amounts shall remain 
available until expended. The President shall not exercise any 
special authority granted to him under section 610(a) or 614(a) 
of this Act to transfer any amount appropriated under this 
paragraph to, and to consolidate such amount with, any funds 
made available under any other provisions of this Act.\344\
---------------------------------------------------------
    \342\ Sec. 9(3) of the FA Act of 1973 inserted ``for use in the 
fiscal year 1974, $14,500,000, and for use in the fiscal year 1975, 
$14,500,000,'' in lieu of ``for use in the fiscal year 1972, 
$15,000,000, and for use in the fiscal year 1973, $15,000,000''.
    \343\ The words to this point beginning with ``and for use 
beginning * * *'' were added by sec. 313(a)(3) of Public Law 94-161 (89 
Stat. 849).
    The Foreign Assistance Appropriations Act, 1977, provided the 
following: ``For necessary expenses to carry out the provisions of 
section 302(b)(2), $15,750,000.''.
    \344\ The last sentence was added by sec. 107(b)(2) of the FA Act 
of 1971.
---------------------------------------------------------
    (c) None of the funds available to carry out this chapter 
shall be contributed to any international organization or to 
any foreign government or agency thereof to pay the costs of 
developing or operating any volunteer program of such 
organization, government, or agency relating to the selection, 
training, and programing of volunteer manpower.
    (d) \345\ * * * [Repealed--1978]
---------------------------------------------------------
    \345\ Subsecs. (d), (e), (f), (g), and (h) of sec. 302 were 
repealed by sec. 604 of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
---------------------------------------------------------
    (e) \345\  * * * [Repealed--1978]
    (f) \345\  * * * [Repealed--1978]
    (g) \345\  * * * [Repealed--1978]
    (h) \345\  * * * [Repealed--1978]
    (i) \346\ In addition to amounts otherwise available under 
this section there are authorized to be appropriated for fiscal 
year 1976 $1,000,000 and for fiscal year 1977 $2,000,000 to be 
available only for the International Atomic Energy Agency to be 
used for the purpose of strengthening safeguards and 
inspections relating to nuclear missile facilities and 
materials.\347\ Amounts appropriated under this subsection are 
authorized to remain available until expended.
---------------------------------------------------------
    \346\ Subsec. (i) was added by sec. 505 of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
392).
    \347\ The Supplemental Appropriations Act, 1977 (Public Law 95-26; 
91 Stat. 66), provided the following:
    ``For an additional amount for ``International organizations and 
programs'', $31,000,000: Provided, That of the funds appropriated under 
this paragraph, $3,000,000 shall be allocated for a contribution to the 
International Atomic Energy Agency to strengthen the Agency's 
safeguards program.''.
---------------------------------------------------------
    (j) \348\ In addition to amounts otherwise available under 
this section for such purposes, there are authorized to be 
appropriated to the President $3,000,000 for fiscal year 1989 
to be available only for United States contributions to 
multilateral and regional drug abuse control programs. Of the 
amount authorized to be appropriated by this subsection--
---------------------------------------------------------
    \348\ Sec. 4107 of Public Law 100-690 (102 Stat. 4266) added sec. 
(j).
---------------------------------------------------------
          (1) $2,000,000 shall be for a United States 
        contribution to the United Nations Fund for Drug Abuse 
        Control;
          (2) $600,000 shall be for the Organization of 
        American States (OAS) Inter-American Drug Abuse Control 
        Commission (CICAD) Legal Development Project, except 
        that the proportion which such amount bears to the 
        total amount of contributions to this specific project 
        may not exceed the proportion which the United States 
        contribution to the budget of the Organization of 
        American States for that fiscal year bears to the total 
        contributions to the budget of the Organization of 
        American States for that fiscal year; and
          (3) $400,000 shall be for the Organization of 
        American States (OAS) Inter-American Drug Abuse Control 
        Commission (CICAD) Law Enforcement Training Project, 
        except that the proportion which such amount bears to 
        the total amount of contributions to this specific 
        project may not exceed the proportion which the United 
        States contribution to the budget of the Organization 
        of American States for that fiscal year bears to the 
        total contributions to the budget of the Organization 
        of American States for that fiscal year.
    Sec. 303.\349\ Indus Basin Development.--In the event that 
funds made available under this Act (other than part II) are 
used by or under the supervision of the International Bank for 
Reconstruction and Development in furtherance of the 
development of the Indus Basin through the program of 
cooperation among South Asian and other countries of the free 
world, which is designed to promote economic growth and 
political stability in South Asia, such funds may be used in 
accordance with requirements, standards, or procedures 
established by the Bank concerning completion of plans and cost 
estimates and determination of feasibility, rather than with 
requirements, standards, or procedures concerning such matters 
set forth in this or other Acts; and such funds may also be 
used without regard to the provisions of section 901(b) of the 
Merchant Marine Act, 1936, as amended (46 U.S.C. 1241),\350\ 
whenever the President determines that such provisions cannot 
be fully satisfied without seriously impeding or preventing 
accomplishment of the purposes of such programs: Provided, That 
compensating allowances are made in the administration of other 
programs to the same or other areas to which the requirements 
of said section 901(b) are applicable.

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    \349\ 22 U.S.C. 2223.
    \350\ For text, see Legislation on Foreign Relations Through 1997, 
vol. I-B.
-----------------------------------------------------------------------

    Sec. 304.\351\ United Nations Peacekeeping.--* * * 
[Repealed--1978]
-----------------------------------------------------------------------
    \351\ Sec. 304, as added by the FA Act of 1967, was repealed by 
sec. 604 of the International Development and Food Assistance Act of 
1978 (Public Law 95-424; 92 Stat. 961).
---------------------------------------------------------
    Sec. 305.\352\ Integration of Women.--The President is 
requested to instruct each representative of the United States 
to each international organization of which the United States 
is a member (including but not limited to the International 
Bank for Reconstruction and Development, the Asian Development 
Bank, the Inter-American Development Bank, the International 
Monetary Fund, the United Nations, and the Organization for 
Economic Cooperation and Development) to carry out their duties 
with respect to such organizations in such a manner as to 
encourage and promote the integration of women into the 
national economies of member and recipient countries and into 
professional and policy-making positions within such 
organizations, thereby improving the status of women. The 
President is further requested, in making United States 
contributions to such organizations, to take into account the 
progress, or lack of progress, of such organizations in 
adopting and implementing policies and practices which 
encourage and promote the integration of women into the 
national economies of member and recipient countries, and into 
professional and policy-making positions within such 
organizations, in accordance with the World Plan of Action of 
the Decade for Women.\353\

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    \352\ 22 U.S.C. 2225. Sec. 305 was added by sec. 54 of the FA Act 
of 1974, which inserted it at the end of part III, chapter 3. Sec. 
313(b) of Public Law 94-161 reinserted it at the end of part I, chapter 
3.
    \353\ This sentence was added by sec. 118(b) of the International 
Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 
540).
---------------------------------------------------------
    Sec. 306.\354\ Reports on International Organizations.--(a) 
The annual reports to the Congress under section 2 of the Act 
of September 21, 1950 (64 Stat. 902, 22 U.S.C. 262a), shall be 
submitted within nine months after the end of the fiscal year 
to which they relate.

-----------------------------------------------------------------------
    \354\ 22 U.S.C. 2226. Sec. 306 was added by sec. 703 of the 
International Security and Development Cooperation Act of 1980 (Public 
Law 96-533; 94 Stat. 3157).
---------------------------------------------------------
    (b) \355\ (1) The President shall submit semiannual reports 
to the Congress listing all voluntary contributions by the 
United States Government to international organizations. One of 
the semiannual reports shall be submitted no later than July 1 
and shall list all contributions made during the first six 
months of the then current fiscal year. The other semiannual 
report shall be submitted no later than January 1 and shall 
list all contributions made during the last six months of the 
preceding fiscal year. Each such report shall specify the 
Government agency making the voluntary contribution, the 
international organization to which the contribution was made, 
the amount and form of the contribution, and the purpose of the 
contribution. Contributions shall be listed on both an agency-
by-agency basis and an organization-by-organization basis.

-----------------------------------------------------------------------
    \355\ Pursuant to Executive Order 12374 (July 28, 1982; 47 F.R. 
32903), the functions vested in the President under subsec. (b)(1) were 
delegated to the Secretary of State. Such Executive Order also 
instructed the Director of OMB to furnish the Secretary of State with 
those reports received by the Director pursuant to subsec. (b)(2).
---------------------------------------------------------
    (2) In order to facilitate the preparation of the report 
required by paragraph (1), the head of any Government agency 
which makes a voluntary contribution to any international 
organization shall promptly report that contribution to the 
Director of the Office of Management and Budget.
    (3) As used in this subsection the term ``contribution'' 
means any contribution of any kind, including the furnishing of 
funds or other financial support, services of any kind 
(including the use of experts or other personnel) or 
commodities, equipment, supplies, or other material.
    Sec. 307.\356\ Withholding of United States Proportionate 
Share for Certain Programs of International Organizations.--(a) 
Notwithstanding any other provision of law, none of the funds 
authorized to be appropriated by this chapter shall be 
available for the United States proportionate share for 
programs for Burma, Iraq, North Korea, Syria,\357\ Libya, Iran, 
Cuba, or the Palestine Liberation Organization or for projects 
whose purpose is to provide benefits to the Palestine 
Liberation Organization or entities associated with it.\358\

-----------------------------------------------------------------------
    \356\ 22 U.S.C. 2227. Sec. 307 was added by sec. 403 of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 219).
    The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2410), 
provided:
---------------------------------------------------------

 ``limitation on availability of funds for international organizations 
                              and programs

-----------------------------------------------------------------------
    ``Sec. 516. Notwithstanding any other provision of law or of this 
Act, none of the funds provided for `International Organizations and 
Programs' shall be available for the United States proportionate share, 
in accordance with section 307(c) of the Foreign Assistance Act of 
1961, for any programs identified in section 307, or for Libya, Iran, 
or, at the discretion of the President, Communist countries listed in 
section 620(f) of the Foreign Assistance Act of 1961, as amended: 
Provided, That, subject to the regular notification procedures of the 
Committees on Appropriations, funds appropriated under this Act or any 
previously enacted Act making appropriations for foreign operations, 
export financing, and related programs, which are returned or not made 
available for organizations and programs because of the implementation 
of this section or any similar provision of law, shall remain available 
for obligation through September 30, 1999.''.
    \357\ Sec. 431(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459) struck 
out ``the South-West Africa People's Organization'' and inserted 
``Burma, Iraq, North Korea, Syria''.
    Sec. 431(b) of Public Law 103-236 (108 Stat. 459) further provided 
the following:
    ``(b) United Nations Development Program.--
---------------------------------------------------------

          ``(1) Except as provided in paragraphs (2) and (3), for 
        fiscal years 1994 and 1995 none of the funds made available for 
        United Nations Development Program or United Nations 
        Development Program--Administered Funds shall be available for 
        programs and activities in or for Burma.
          ``(2) Of the funds made available for United Nations 
        Development Program and United Nations Development Program--
        Administered Funds for fiscal year 1994, $11,000,000 may be 
        available only if the President certifies to the Congress that 
        the United Nations Development Program's programs and 
        activities in or for Burma promote the enjoyment of 
        internationally guaranteed human rights in Burma and do not 
        benefit the State Law and Order Restoration Council (SLORC) 
        military regime.
          ``(3) Of the funds made available for United Nations 
        Development Program and United Nations Development Program--
        Administered Funds for fiscal year 1995, $27,600,000 may be 
        available only if the President certifies to the Congress 
        that--

                  ``(A) the United Nations Development Program has 
                approved or initiated no new programs and no new 
                funding for existing programs in or for Burma since the 
                United Nations Development Program Governing Council 
                (Executive Board) meeting of June 1993,
                  ``(B) such programs address unforeseen urgent 
                humanitarian concerns, or
                  ``(C) a democratically elected government in Burma 
                has agreed to such programs.''.

-----------------------------------------------------------------------
    \358\ Sec. 3 of the Middle East Peace Facilitation Act of 1993, as 
amended (Public Law 103-125; 107 Stat. 1309), authorized the President 
to suspend certain provisions of law, including sec. 307 of this Act, 
as they applied to the P.L.O. or entities associated with it if certain 
conditions were met and the President so certified and consulted with 
relevant congressional committees. This authority was continued in the 
Middle East Peace Facilitation Act of 1994 (part E of Public Law 103-
236) and the Middle East Peace Facilitation Act of 1995, (title VI of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1996; Public Law 104-107).
    The President issued such a certification in Presidential 
Determination No. 94-13 of January 14, 1994 (59 F.R. 4777), which was 
extended until January 1, 1995, by Presidential Determination No. 94-30 
of June 30, 1994 (59 F.R. 35607); until July 1, 1995, by Presidential 
Determination No. 95-12 of December 31, 1994 (60 F.R. 2673); until 
August 15, 1995, by Presidential Determination No. 95-31 of July 2, 
1995 (60 F.R. 35827); until October 1, 1995, by Presidential 
Determination No. 95-36 of August 14, 1995 (60 F.R. 44725); until 
November 1, 1995, by Presidential Determination No. 95-50 of September 
30, 1995 (60 F.R. 53093); until December 31, 1995, by Presidential 
Determination No. 96-5 of November 13, 1995 (60 F.R. 57821); until 
March 31, 1996, by Presidential Determination No. 96-8 of January 4, 
1996 (61 F.R. 2889); until June 15, 1996, by Presidential Determination 
No. 96-20 of April 1, 1996 (61 F.R. 26019); until August 12, 1996, by 
Presidential Determination No. 96-32 of June 14, 1996 (61 F.R. 32629); 
until February 12, 1997, by Presidential Determination No. 96-41 of 
August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by 
Presidential Determination No. 97-17 of February 21, 1997 (62 F.R. 
9903).
    New authority to waive certain provisions was continued in general 
provisions of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2386); 
see secs. 539(c) and (d), 552, 555, and 566.
    On December 5, 1997, the President waived the provisions of section 
1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204) through 
June 4, 1998 (Presidential Determination No. 98-8; 62 F.R. 66255).
---------------------------------------------------------
    (b) The Secretary of State--
          (1) shall review, at least annually, the budgets and 
        accounts of all international organizations receiving 
        payments of any funds authorized to be appropriated by 
        this chapter; and
          (2) shall report to the appropriate committees of the 
        Congress the amounts of funds expended by each such 
        organization for the purposes described in subsection 
        (a) and the amount contributed by the United States to 
        each such organization.
    (c) \359\ The limitations of subsection (a) shall not apply 
to contributions to the International Atomic Energy Agency or 
the United Nations Children's Fund (UNICEF).

-----------------------------------------------------------------------
    \359\ Sec. 431(a)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459) added 
subsec. (c).
---------------------------------------------------------

        Chapter 4--Supporting Assistance \360\ [Repealed--1972]

                     Chapter 5--Contingencies \361\

    Sec. 451.\362\ Contingencies.\361\--(a) \363\ (1) 
Notwithstanding any other provision of law, the President is 
authorized to use \364\ funds made available to carry out any 
provision of this Act (other than the provisions of chapter 1 
of this part) in order to provide, for any unanticipated 
contingencies,\365\ assistance authorized by this part 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 $25,000,000 
during any fiscal year.\366\

-----------------------------------------------------------------------
    \360\ Sec. 202(b) of the FA Act of 1971 repealed chapter 4 of part 
I. This subject matter is now covered under chapter 4 of part II of 
this Act, Economic Support Fund.
    \361\ Sec. 2 of the International Security Assistance Act of 1979 
(Public Law 96-92; 93 Stat. 701) changed the title of chapter 5 and 
sec. 451 from ``Contingency Fund'' to ``Contingencies''. Previously, 
sec. 503(1) of Public Law 94-329 substituted ``Contingency Fund'' for 
``Disaster Relief'' in the title of chapter 5 while sec. 2(1) of Public 
Law 93-333 changed the title of chapter 5 from ``Contingency Fund'' to 
``Disaster Relief''.
    \362\ 22 U.S.C. 2261. Sec. 451 was amended by sec. 28(c) of the FA 
Act of 1974. It formerly read as follows:
    ``Sec. 451. Contingency Fund--(a) There is authorized to be 
appropriated to the President for each of the fiscal years 1974 and 
1975 not to exceed $30,000,000, to provide assistance authorized by 
this part primarily for disaster relief purposes, in accordance with 
the provisions applicable to the furnishing of such assistance. (b) The 
President shall provide quarterly reports to the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and the 
Speaker of the House of Representatives on the programing and the 
obligation of funds under subsection (a).''.
    \363\ Subsec. (a) was amended and restated by sec. 2 of the 
International Security Assistance Act of 1979 (Public Law 96-92; 93 
Stat. 701).
    \364\ Sec. 588(1) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2056), struck out ``not to exceed $10,000,000 of'' and ``in any 
fiscal year'' at these points, respectively.
    \365\ Sec. 588(2) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2056), struck out ``emergency purposes'' and inserted in lieu 
thereof ``unanticipated contingencies''.
    \366\ Sec. 588(3) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2056), added ``, except that the authority of this subsection may 
not be used to authorize the use of more than $25,000,000 during any 
fiscal year.''.
---------------------------------------------------------
    (2) The President shall report promptly to the Speaker of 
the House of Representatives and to the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate 
each time he exercises the authority contained in this 
subsection.
    (b) \367\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \367\ Subsec. (b), which had required a quarterly report from the 
President concerning the programing and obligation of funds under this 
section, was repealed by sec. 734(a)(1) of the International Security 
and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 
1560).
-----------------------------------------------------------------------

    (c) No part of this fund shall be used to pay for any gifts 
to any officials of any foreign government made heretofore or 
hereafter.\368\

-----------------------------------------------------------------------
    \368\ Sec. 452, which was added by sec. 2(2) of the Foreign 
Disaster Assistance Act of 1974 (Public Law 93-333) and formerly 
appeared at this point, was redesignated as sec. 494 by Sec. 101(4) of 
Public Law 94-161 (89 Stat. 849).
---------------------------------------------------------

Chapter 6--Central America Democracy, Peace, and Development Initiative 
                                 \369\

    Sec. 461.\369\, \370\ Statement of Policy.--(a) 
The Congress finds that--

-----------------------------------------------------------------------
    \369\ Chapter 6, as enacted in the Foreign Assistance Act of 1961, 
titled: ``Assistance to Countries Having Agrarian Economies'', was 
repealed by sec. 604 of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961). A new ch. 6 
(sec. 461 through 466), was added by sec. 701 of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 234).
    \370\ 22 U.S.C. 2271.
---------------------------------------------------------
          (1) the building of democracy, the restoration of 
        peace, the improvement of living conditions, and the 
        application of equal justice under law in Central 
        America are important to the interests of the United 
        States and the community of American States; and
          (2) the interrelated issues of social and human 
        progress, economic growth, political reform, and 
        regional security must be effectively dealt with to 
        assure a democratic and economically and politically 
        secure Central America.
    (b)(1) The achievement of democracy, respect for human 
rights, peace, and equitable economic growth depends primarily 
on the cooperation and the human and economic resources of the 
people and governments of Central America. The Congress 
recognizes that the United States can make a significant 
contribution to such peaceful and democratic development 
through a consistent and coherent policy which includes a long-
term commitment of assistance. This policy should be designed 
to support actively--
          (A) democracy and political reform, including opening 
        the political process to all members of society;
          (B) full observance of internationally recognized 
        human rights, including free elections, freedom of the 
        press, freedom of association, and the elimination of 
        all human rights abuses;
          (C) leadership development, including training and 
        educational programs to improve public administration 
        and the administration of justice;
          (D) land reform, reform in tax systems, encouragement 
        of private enterprise and individual initiative, 
        creation of favorable investment climates, curbing 
        corruption where it exists, and spurring balanced 
        trade;
          (E) the establishment of the rule of law and an 
        effective judicial system; and
          (F) the termination of extremist violence by both the 
        left and the right as well as vigorous action to 
        prosecute those guilty of crimes and the prosecution to 
        the extent possible of past offenders.
    (2) The policy described in paragraph (1) should also 
promote equitable economic growth and development, including 
controlling the flight of capital and the effective use of 
foreign assistance and adhering to approved programs for 
economic stabilization and fiscal responsibility. Finally, this 
policy should foster dialog and negotiations--
          (A) to achieve peace based upon the objectives of 
        democratization, reduction of armament, an end to 
        subversion, and the withdrawal of foreign military 
        forces and advisers; and
          (B) to provide a security shield against violence and 
        intimidation.
    (3) It is the purpose of this chapter to establish the 
statutory framework and to authorize the appropriations and 
financing necessary to carry out the policy described in this 
section.
    (c) The Congress finds, therefore, that the people of the 
United States are willing to sustain and expand a program for 
economic and military assistance in Central America if the 
recipient countries can demonstrate progress toward and a 
commitment to these goals.
    Sec. 462.\369\, \371\ Conditions on Furnishing 
Assistance.--The President shall ensure that assistance 
authorized by this Act and the Arms Export Control Act to 
Central American countries is furnished in a manner which 
fosters demonstrated progress toward and commitment to the 
objectives set forth in section 461. Where necessary to achieve 
this purpose, the President shall impose conditions on the 
furnishing of such assistance. In carrying out this section, 
the President shall consult with the Congress in regard to 
progress toward the objectives set forth in section 461, and 
any conditions imposed on the furnishing of assistance in 
furtherance of those objectives.

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    \371\ 22 U.S.C. 2272.
---------------------------------------------------------
    Sec. 463.\369\, \372\ Peace Process in Central 
America.--The Congress--

-----------------------------------------------------------------------
    \372\ 22 U.S.C. 2273.
---------------------------------------------------------
          (1) strongly supports the initiatives taken by the 
        Contadora group and the resulting Document of 
        Objectives which has been agreed to by Costa Rica, El 
        Salvador, Guatemala, Honduras, and Nicaragua and which 
        sets forth a framework for negotiating a peaceful 
        settlement to the conflict and turmoil in the region; 
        and
          (2) finds that the United States should provide such 
        assistance and support as may be appropriate in helping 
        to reach comprehensive and verifiable final agreements, 
        based on the Document of Objectives, which will ensure 
        peaceful and enduring solutions to the Central American 
        conflicts.
    Sec. 464.\369\, \373\ Economic Assistance 
Coordination.--(a) The Congress finds that participation by 
Central American countries in an effective forum for dialog on, 
and the continuous review and advancement of, Central America's 
political, economic, and social development would foster 
cooperation between the United States and Central American 
countries.

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    \373\ 22 U.S.C. 2274.
---------------------------------------------------------
    (b) It is the sense of the Congress that--
          (1) the President should enter into negotiations with 
        the countries of Central America to establish a Central 
        American Development Organization (hereafter in this 
        section referred to as the ``Organization'') to help 
        provide a continuous and coherent approach to the 
        development of the Central American region; and
          (2) the establishment of the Organization should be 
        based upon the following principles:
                  (A) Participation in the Organization should 
                be open to the United States, other donors, and 
                those Central American countries that commit 
                themselves to, among other things, respecting 
                internationally recognized human rights, 
                building democracy, and encouraging equitable 
                economic growth through policy reforms.
                  (B) The Organization should be structured to 
                include representatives from both the public 
                and private sectors, including representatives 
                from the labor, agriculture, and business 
                communities.
                  (C) The Organization should meet periodically 
                to carry out the functions described in 
                subparagraphs (D) and (E) of this paragraph and 
                should be supported by a limited professional 
                secretariat.
                  (D) The Organization should make 
                recommendations affecting Central American 
                countries on such matters as--
                          (i) political, economic, and social 
                        development objectives, including the 
                        strengthening of democratic pluralism 
                        and the safeguarding of internationally 
                        recognized human rights;
                          (ii) mobilization of resources and 
                        external assistance needs; and
                          (iii) reform of economic policies and 
                        structures.
                  (E) The Organization should have the capacity 
                for monitoring country performance on 
                recommendations issued in accordance with 
                subparagraph (D) of this paragraph and for 
                evaluating progress toward meeting such country 
                objectives.
                  (F) To the maximum extent practicable, the 
                United States should follow the recommendations 
                of the Organization in disbursing bilateral 
                economic assistance for any Central American 
                country. No more than 75 percent of such United 
                States assistance in any fiscal year should be 
                disbursed until the recommendations of the 
                Organization for that fiscal year have been 
                made final and communicated to the donor 
                countries. The limitation on disbursements 
                contained in the preceding sentence should 
                apply only to recommendations made final and 
                communicated to donor countries prior to the 
                fourth quarter of such fiscal year. The United 
                States representative to the Organization 
                should urge other donor countries to similarly 
                implement the recommendations of the 
                Organization.
                  (G) The administrator of the agency primarily 
                responsible for administering part I of this 
                Act, or his designee, should represent the 
                United States Government in the Organization 
                and should carry out his functions in that 
                capacity under the continuous supervision and 
                general direction of the Secretary of State.
    (c) Subject to subsection (d)(2), the President is 
authorized to participate in the Organization.
    (d)(1) The administrator of the agency primarily 
responsible for administering part I of this Act, under the 
supervision and direction of the Secretary of State, shall 
prepare a detailed proposal to carry out this section and shall 
keep the Committee on Foreign Affairs \374\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate fully and currently informed concerning the development 
of this proposal.

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    \374\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------
    (2) The President shall transmit to the Committee on 
Foreign Affairs \374\ of the House of Representatives and the 
Committee on Foreign Relations of the Senate a copy of the text 
of any agreement, which he proposes to sign, that would provide 
for the establishment of and United States participation in the 
Organization no less than sixty days prior to his signature. 
During that sixty-day period there shall be full and formal 
consultations with and review by those committees in accordance 
with procedures applicable to reprogramming notifications 
pursuant to section 634A of this Act.
    Sec. 465.\369\, \375\ Authorization for Fiscal 
Years 1988 and 1989.--(a) In addition to amounts otherwise 
available for such purposes, there are authorized to be 
appropriated to the President, for the purpose of furnishing 
nonmilitary assistance for Central American countries, 
$1,200,000,000 for each of the fiscal years 1988 and 1989, 
which are authorized to remain available until expended.

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    \375\ 22 U.S.C. 2275.
---------------------------------------------------------
    (b) For the purpose of providing the assistance described 
in subsection (a), funds appropriated pursuant to the 
authorizations in that subsection may be transferred by the 
President for obligation in accordance with the authorities of 
part I of this Act (including chapter 4 of part II), the Peace 
Corps Act, the Migration and Refugee Assistance Act of 1962, 
the United States Information and Education Exchange Act of 
1948, the Mutual Educational and Cultural Exchange Act of 1961, 
the National Endowment for Democracy Act, and the State 
Department Basic Authorities Act of 1956.
    Sec. 466.\369\, \376\ Definitions.--For the 
purposes of this chapter, the term ``Central American 
countries'' includes Belize, Costa Rica, El Salvador, 
Guatemala, Honduras, Nicaragua, Panama, and regional programs 
which benefit such countries.

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    \376\ 22 U.S.C. 2276.
---------------------------------------------------------

               Chapter 7--Debt-For-Nature Exchanges \377\

    Sec. 461.\378\ Definition.--For purpose of this chapter, 
the term ``debt-for-nature exchange'' means the cancellation or 
redemption of the foreign debt of the government of a country 
in exchange for--

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    \377\ Chapter 7, as enacted in the Foreign Assistance Act of 1966 
(Public Law 89-583), titled: ``Joint Commissions on Rural 
Development'', was repealed by sec. 604 of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 961). A new ch. 7 was added by sec. 711 of the International 
Development and Finance Act of 1989 (Public Law 101-240; 103 Stat. 
2521).
    \378\ 22 U.S.C. 2281. All sections in ch. 7 are misnumbered, as 
enacted by the International Development and Finance Act of 1989 
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 471''.
---------------------------------------------------------
          (1) that government's making available local 
        currencies (including through the issuance of bonds) 
        which are used only for eligible projects involving the 
        conservation or protection of the environment in that 
        country (as described in section 463); \379\ or

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    \379\ All sections in ch. 7 are misnumbered, as enacted by the 
International Development and Finance Act of 1989 (Public Law 101-240; 
103 Stat. 2521). Reference should read ``section 473''.
---------------------------------------------------------
          (2) that government's financial resource or policy 
        commitment to take certain specified actions to ensure 
        the restoration, protection, or sustainable use of 
        natural resources within that country; or
          (3) a combination of assets and actions under both 
        paragraphs (1) and (2).
    Sec. 462.\380\ Assistance for Commercial Debt Exchanges.--
(a) The Administrator of the Agency for International 
Development is authorized to furnish assistance, in the form of 
grants on such terms and conditions as may be necessary, to 
nongovernmental organizations for the purchase on the open 
market of discounted commercial debt of a foreign government of 
an eligible country which will be canceled or redeemed under 
the terms of an agreement with that government as part of a 
debt-for-nature exchange.

-----------------------------------------------------------------------
    \380\ 22 U.S.C. 2282. All sections in ch. 7 are misnumbered, as 
enacted by the International Development and Finance Act of 1989 
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 472''.
---------------------------------------------------------
    (b) Notwithstanding any other provision of law, a grantee 
(or any subgrantee) of the grants referred to in subsection (a) 
may retain, without deposit in the Treasury of the United 
States and without further appropriation by Congress, interest 
earned on the proceeds of any resulting debt-for-nature 
exchange pending the disbursements of such proceeds and 
interest for approved program purposes, which may include the 
establishment of an endowment, the income of which is used for 
such purposes.
    Sec. 463.\381\ Eligible Projects.--(a) The Administrator of 
the Agency for International Development shall seek to ensure 
that debt-for-nature exchanges under this chapter support one 
or more of the following activities by either the host 
government, a local private conservation group, or a 
combination thereof:

-----------------------------------------------------------------------
    \381\ 22 U.S.C. 2283. All sections in ch. 7 are misnumbered, as 
enacted by the International Development and Finance Act of 1989 
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 473''.
---------------------------------------------------------
          (1) restoration, protection, or sustainable use of 
        the world's oceans and atmosphere;
          (2) restoration, protection, or sustainable use of 
        diverse animal and plant species;
          (3) establishment, restoration, protection, and 
        maintenance of parks and reserves;
          (4) development and implementation of sound systems 
        of natural resource management;
          (5) development and support of local conservation 
        programs;
          (6) training programs to strengthen conservation 
        institutions and increase scientific, technical, and 
        managerial capabilities of individuals and 
        organizations involved in conservation efforts;
          (7) efforts to generate knowledge, increase 
        understanding, and enhance public commitment to 
        conservation;
          (8) design and implementation of sound programs of 
        land and ecosystem management; and
          (9) promotion of regenerative approaches in farming, 
        forestry, fishing, and watershed management.
  (b)(1) In cooperation with nongovernmental organizations, the 
Administrator of the Agency for International Development shall 
seek to identify those areas, which because of an imminent 
threat, are in particular need of immediate attention to 
prevent the loss of unique biological life or valuable 
ecosystem.
  (2) The Administrator of the Agency for International 
Development shall encourage as many eligible countries as 
possible to propose such exchanges with the purpose of 
demonstrating to a large number of governments the feasibility 
and benefits of sustainable development.
  Sec. 464.\382\ Eligible Countries.--In order for a foreign 
country to be eligible to participate in a debt-for-nature 
exchange under this chapter, the Administrator of the Agency 
for International Development shall determine that--

-----------------------------------------------------------------------
    \382\ 22 U.S.C. 2284. All sections in ch. 7 are misnumbered, as 
enacted by the International Development and Finance Act of 1989 
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 474''.
---------------------------------------------------------
          (1) the host country is fully committed to the long-
        term viability of the program or project that is to be 
        undertaken through the debt-for-nature exchange;
          (2) a long-term plan has been prepared by the host 
        country, or private conservation group, which 
        adequately provides for the long-term viability of the 
        program or project that is to be undertaken through the 
        debt-for-nature exchange or that such a plan will be 
        prepared in a timely manner; and
          (3) there is a government agency or a local 
        nongovernmental organization, or combination thereof, 
        in the host country with the capability, commitment, 
        and record of environmental concern to oversee the 
        long-term viability of the program or project that is 
        to be undertaken through the debt-for-nature exchange.
  Sec. 465.\383\ Terms and Conditions.--(a) The terms and 
conditions for making grants under this chapter shall be deemed 
to be fulfilled upon final approval by the Administrator of the 
Agency for International Development of the debt-for-nature 
exchange, a certification by the nongovernmental organization 
that the host government has accepted the terms of the 
exchange, and that an agreement has been reached to cancel the 
commercial debt in an agreed upon fashion.

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    \383\ 22 U.S.C. 2285. All sections in ch. 7 are misnumbered, as 
enacted by the International Development and Finance Act of 1989 
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 475''.
---------------------------------------------------------
  (b) Grants made under this section are intended to 
complement, and not substitute for, assistance otherwise 
available to a foreign country under this Act or any other 
provision of law.
  (c) The United States Government is prohibited from accepting 
title or interest in any land in a foreign country as a 
condition on the debt exchange.
  Sec. 466.\384\ Pilot Program for Sub-Saharan Africa.--(a) The 
Administrator of the Agency for International Development, in 
cooperation with nongovernmental conservation organizations, 
shall invite the government of each country in sub-Saharan 
Africa to submit a list of those areas of severely degraded 
national resources which threaten human survival and well-being 
and the opportunity for future economic growth or those areas 
of biological or ecological importance within the territory of 
that country.

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    \384\ 22 U.S.C. 2286. All sections in ch. 7 are misnumbered, as 
enacted by the International Development and Finance Act of 1989 
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 476''.
---------------------------------------------------------
  (b) The Administrator of the Agency for International 
Development shall assess the list submitted by each country 
under subsection (a) and shall seek to reach agreement with the 
host country for the restoration and future sustainable use of 
those areas.
  (c)(1) The Administrator of the Agency for International 
Development is authorized to make grants, on such terms and 
conditions as may be necessary, to nongovernmental 
organizations for the purchase on the open market of discounted 
commercial debt of a foreign government of an eligible sub-
Saharan country in exchange for commitments by that government 
to restore natural resources identified by the host country 
under subsection (a) or for commitments to develop plans for 
sustainable use of such resources.
  (2) Notwithstanding any other provision of law, a grantee (or 
any subgrantee) of the grants referred to in section (a) may 
retain, without deposit in the Treasury of the United States 
and without further appropriation by Congress, interest earned 
on the proceeds of any resulting debt-for-nature exchange 
pending the disbursements of such proceeds and interest for 
approved program purposes, which may include the establishment 
of an endowment, the income of which is used for such purposes.

            Chapter 8--International Narcotics Control \385\

SEC. 481.\386\ POLICY, GENERAL AUTHORITIES, COORDINATION, FOREIGN 
                    POLICE ACTIONS, DEFINITIONS, AND OTHER PROVISIONS.

    (a) Policy and General Authorities.--

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    \385\ Chapter 8 was added by sec. 109 of the FA Act of 1971. See 
other legislation on international narcotics control in Legislation on 
Foreign Relations Through 1997, vol. I-B.
    \386\ 22 U.S.C. 2291. Sec. 1519(a) of the Housing and Community 
Development Act of 1992 (Public Law 102-550; 106 Stat. 4060) amended 
sec. 481 at subsec. (a) by redesignating former subpar. (E) as (F), and 
inserting a new (E).
    Sec. 1519(b) of Public Law 102-550, furthermore, amended sec. 
481(e) to require a report on major money laundering countries.
    Sec. 4 of the International Narcotics Control Act of 1992 (Public 
Law 102-583; 106 Stat. 4914), however, substantially amended and 
restated sec. 481. Sec. 4(a) struck the section designation, section 
heading, and subsection (a), and restated these through subpar. (F).
    Chapter 8 was originally added by sec. 109 of the FA Act of 1971. 
See other legislation on international narcotics control in Legislation 
on Foreign Relations Through 1997, vol. I-B.
    The original sec. 481 read as follows:
    ``It is the sense of the Congress that effective international 
cooperation is necessary to put an end to the illicit production, 
trafficking in, and abuse of dangerous drugs. In order to promote such 
cooperation, the President is authorized to conclude agreements with 
other countries to facilitate control of the production, processing, 
transportation, and distribution of narcotic analgesics, including 
opium and its derivatives, other narcotic drugs and psychotropics and 
other controlled substances as defined in the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (Public Law 91-513). Notwithstanding 
any other provision of law, the President is authorized to furnish 
assistance to any country or international organization, on such terms 
and conditions as he may determine, for the control of the production 
of, processing of, and traffic in, narcotic and psychotropic drugs. In 
furnishing such assistance the President may use any of the funds made 
available to carry out the provisions of this Act. The President shall 
suspend economic and military assistance furnished under this or any 
other Act, and shall suspend sales under the Foreign Military Sales Act 
and under title I of the Agriculture Trade Development and Assistance 
Act of 1954 with respect to any country when the President determines 
that the government of such country has failed to take adequate steps 
to prevent narcotic drugs and other controlled substances (as defined 
by the Comprehensive Drug Abuse Prevention and Control Act of 1970) 
produced or processed, in whole or in part, in such country, or 
transported through such country, from being sold illegally within the 
jurisdiction of such country to United States Government personnel or 
their dependents, or from entering the United States unlawfully. Such 
suspension shall continue until the President determines that the 
government of such country has taken adequate steps to carry out the 
purposes of this chapter.''.
    Sec. 481(a) had been amended previously by sec. 503 of the Foreign 
Relations Authorization Act of 1972, sec. 11 of the FA Act of 1973, 
sec. 1003(a) of the Department of State Authorization Act, Fiscal Years 
1984 and 1985, sec. 4502 of the International Narcotics Control Act of 
1988, and sec. 17 of the International Narcotics Control Act of 1989.
---------------------------------------------------------
          (1) Statements of policy.--(A) International 
        narcotics trafficking poses an unparalleled 
        transnational threat in today's world, and its 
        suppression is among the most important foreign policy 
        objectives of the United States.
          (B) Under the Single Convention on Narcotic Drugs, 
        1961, and under the United Nations Convention Against 
        Illicit Traffic in Narcotic Drugs and Psychotropic 
        Substances, the parties are required to criminalize 
        certain drug-related activities, provide appropriately 
        severe penalties, and cooperate in the extradition of 
        accused offenders.
          (C) International narcotics control programs should 
        include, as priority goals, the suppression of the 
        illicit manufacture of and trafficking in narcotic and 
        psychotropic drugs, money laundering, and precursor 
        chemical diversion, and the progressive elimination of 
        the illicit cultivation of the crops from which 
        narcotic and psychotropic drugs are derived.
          (D) \387\ International criminal activities, 
        particularly international narcotics trafficking, money 
        laundering, and corruption, endanger political and 
        economic stability and democratic development, and 
        assistance for the prevention and suppression of 
        international criminal activities should be a priority 
        for the United States.

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    \387\ Sec. 131(a)(1) of Public Law 104-164 (110 Stat. 1429) 
redesignated subparas. (D) through (F) as subparas. (E) through (G), 
and added a new subpara. (D).
---------------------------------------------------------
          (E) \387\ The international community should provide 
        assistance, where appropriate, to those producer and 
        transit countries which require assistance in 
        discharging these primary obligations.
          (F) \387\ The objective of the United States in 
        dealing with the problem of international money 
        laundering is to ensure that countries adopt 
        comprehensive domestic measures against money 
        laundering and cooperate with each other in narcotics 
        money laundering investigations, prosecutions, and 
        related forfeiture actions.
          (G) \387\ Effective international cooperation is 
        necessary to control the illicit cultivation, 
        production, and smuggling of, trafficking in, and abuse 
        of narcotic and psychotropic drugs.
    (2) In order to promote such cooperation, the President is 
authorized to conclude agreements, including reciprocal 
maritime agreements,\388\ with other countries to facilitate 
control of the production, processing, transportation, and 
distribution of narcotics analgesics, including opium and its 
derivatives, other narcotic and psychotropic drugs, and other 
controlled substances.

-----------------------------------------------------------------------
    \388\ Sec. 4(b) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4915) inserted ``, including reciprocal 
maritime agreements,''.
---------------------------------------------------------
    (3) \389\ In order to promote international cooperation in 
combating international trafficking in illicit narcotics, it 
shall be the policy of the United States to use its voice and 
vote in multilateral development banks to promote the 
development and implementation in the major illicit drug 
producing countries of programs for the reduction and eventual 
eradication of narcotic drugs and other controlled substances, 
including appropriate assistance in conjunction with effective 
programs of illicit crop eradication.

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    \389\ Par. (3) was added by sec. 2017 of Public Law 99-570 (100 
Stat. 3207-68). Sec. 2017 redesignated the previous par. (3) as par. 
(4).
---------------------------------------------------------
    (4) \389\ Notwithstanding any other provision of law, the 
President is authorized to furnish assistance to any country or 
international organization, or such terms and conditions as he 
may determine, for the control of narcotic and psychotropic 
drugs and other controlled substances, or for other anticrime 
purposes.\390\

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    \390\ Sec. 131(a)(2) of Public Law 104-164 (110 Stat. 1429) added 
``, or for other anticrime purposes''.
---------------------------------------------------------
  (b) \391\ Coordination of All United States Antinarcotics 
Assistance to Foreign Countries.--

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    \391\ Sec. 4(c) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4915) amended and restated subsec. (b). 
Originally, subsec. (b) was added to sec. 481 by sec. 11(a) of the FA 
Act of 1973. This subsection has previously been amended and restated 
by sec. 17(b) of the International Narcotics Control Act of 1989, and 
sec. 604 of the International Security and Development Cooperation Act 
of 1985.
---------------------------------------------------------
          (1) Responsibility of secretary of state.--Consistent 
        with subtitle A of title I of the Anti-Drug Abuse Act 
        of 1988, the Secretary of State shall be responsible 
        for coordinating all assistance provided by the United 
        States Government to support international efforts to 
        combat illicit narcotics production or trafficking.
          (2) Rule of construction.--Nothing contained in this 
        subsection or section 489(b) shall be construed to 
        limit or impair the authority or responsibility of any 
        other Federal agency with respect to law enforcement, 
        domestic security operations, or intelligence 
        activities as defined in Executive Order 12333.\392\

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    \392\ For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. D.
---------------------------------------------------------
    (c) \393\ Participation in Foreign Police Actions.--

-----------------------------------------------------------------------
    \393\ Subsec. (c) was comprehensively amended and restated by sec. 
15 of the International Narcotics Control Act of 1989 (Public Law 101-
231; 103 Stat. 1963). It had previously been restated by sec. 2009 of 
Public Law 99-570 (100 Stat. 3207-64). Subsec. (c), often referred to 
as the ``Mansfield Amendment,'' was originally added by sec. 504(b) of 
the International Security Assistance and Arms Export Control Act of 
1976 (Public Law 94-329; 90 Stat. 764).
---------------------------------------------------------
          (1) Prohibition on effecting an arrest.--No officer 
        or employee of the United States may directly effect an 
        arrest in any foreign country as part of any foreign 
        police action with respect to narcotics control 
        efforts, notwithstanding any other provision of law.
          (2) Participation in arrest actions.--Paragraph (1) 
        does not prohibit an officer or employee of the United 
        States, with the approval of the United States chief of 
        mission, from being present when foreign officers are 
        effecting an arrest or from assisting foreign officers 
        who are effecting an arrest.
          (3) Exception for exigent, threatening 
        circumstances.--Paragraph (1) does not prohibit an 
        officer or employee from taking direct action to 
        protect life or safety if exigent circumstances arise 
        which are unanticipated and which pose an immediate 
        threat to United States officers or employees, officers 
        or employees of a foreign government, or members of the 
        public.
          (4) Exception for maritime law enforcement.--With the 
        agreement of a foreign country, paragraph (1) does not 
        apply with respect to maritime law enforcement 
        operations in the territorial sea or archipelagic 
        waters \394\ of that country.

-----------------------------------------------------------------------
    \394\ Sec. 4(d) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4915) inserted ``or archipelagic 
waters'' after ``sea''.
---------------------------------------------------------
          (5) Interrogations.--No officer or employee of the 
        United States may interrogate or be present during the 
        interrogation of any United States person arrested in 
        any foreign country with respect to narcotics control 
        efforts without the written consent of such person.
          (6) Exception for status of forces arrangements.--
        This subsection does not apply to the activities of the 
        United States Armed Forces in carrying out their 
        responsibilities under applicable Status of Forces 
        Arrangements.
    (d) \395\ Use of Herbicides for Aerial Eradication.--

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    \395\ Subsec. (d), as added by sec. 4 of Public Law 95-384 (92 
Stat. 730), was amended by sec. 3(b) of Public Law 96-92 (93 Stat. 
702), amended by sec. 502(a)(1) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1538), 
and was further amended and restated by sec. 17(c) of the International 
Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1964). 
Sec. 502(a)(2) and (3) of Public Law 97-113 also stipulated the 
conditions under which funds appropriated prior to enactment of this 
amendment could be utilized generally, and specifically in the case of 
assistance for Colombia appropriated in fiscal year 1980. Subsection 
(d) previously read as follows:
    ``(d)(1) The Secretary of State shall inform the Secretary of 
Health and Human Services of the use or intended use by any country or 
international organization of any herbicide to eradicate marihuana in a 
program receiving assistance under this chapter.
    ``(2) The Secretary of Health and Human Services shall monitor the 
impact on the health of persons who may use or consume marihuana of the 
spraying of a herbicide to eradicate such marihuana in a program 
receiving assistance under this chapter, and if the Secretary 
determines that such persons are exposed to amounts of such herbicide 
which are harmful to their health, the Secretary shall prepare and 
transmit a report to the Congress setting forth such determination 
together with any recommendations the Secretary may have.
    ``(3) Of the funds authorized to be appropriated for the fiscal 
year 1982 under section 482, the President is urged to use not less 
than $100,000 to develop a substance that clearly and readily warns 
persons who may use or consume marihuana that it has been sprayed with 
the herbicide paraquat or other herbicide harmful to the health of such 
person.
    ``(4) If the Secretary of Agriculture determines that a substance 
has been developed that clearly and readily warns persons who may use 
or consume marihuana that it has been sprayed with the herbicide 
paraquat or other herbicide harmful to the health of such persons, such 
substance shall be used in conjunction with the spraying of paraquat or 
such other herbicide in any program receiving assistance under this 
chapter.
    ``(5)(A) The President, with the assistance of appropriate Federal 
agencies, shall monitor any use under this chapter of a herbicide in 
the aerial eradication of coca in order to determine the impact of such 
use on the environment and on the health of individuals.
    ``(B) The President shall report on such impact in the annual 
report required by subsection (e).
    ``(C) If the President determines that any such use is harmful to 
the environment or the health of individuals, the President shall 
immediately report that determination to the Committee on Foreign 
Affairs of the House of Representatives and the Committee on Foreign 
Relations of the Senate, together with such recommendations as the 
President deems appropriate.''.
---------------------------------------------------------
          (1) Monitoring.--The President, with the assistance 
        of appropriate Federal agencies, shall monitor any use 
        under this chapter of a herbicide for aerial 
        eradication in order to determine the impact of such 
        use on the environment and on the health of 
        individuals.
          (2) \396\ Annual reports.--In the annual report 
        required by section 489(a),\397\ the President shall 
        report on the impact on the environment and the health 
        of individuals of the use under this chapter of a 
        herbicide for aerial eradication.

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    \396\ Sec. 101(a) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) struck out 
para. (2), and redesignated paras. (3) and (4) as paras. (2) and (3). 
Paragraph (2) formerly required that the Secretary of State inform the 
Secretary of Health and Human Services and the Administrator of the 
Environmental Protection Agency of the use or intended use by any 
country or international organization of any herbicide for aerial 
eradication in a program receiving assistance under this chapter.
    \397\ Sec. 6(b)(1) of the International Narcotics Control Act of 
1992 (Public Law 102-583; 106 Stat. 4932) struck out ``subsection (e)'' 
and inserted in lieu thereof ``section 489(a)''.
---------------------------------------------------------
          (3) Report upon determination of harm to environment 
        or health.--If the President determines that any such 
        use is harmful to the environment or the health of 
        individuals, the President shall immediately report 
        that determination to the Committee on Foreign Affairs 
        \398\ of the House of Representatives and the Committee 
        on Foreign Relations of the Senate, together with such 
        recommendations as the President deems appropriate.

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    \398\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------
    (e) \399\ Definitions.--For purposes of this chapter and 
other provisions of this Act relating specifically to 
international narcotics matters--

-----------------------------------------------------------------------
    \399\ Sec. 101(b)(1) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) struck out 
``Except as provided in sections 490(h) and (i) with respect to the 
definition of major illicit drug producing country and major drug-
transit country, for'' as the opening clause of subsec. (e), inserting 
in lieu thereof ``For''. Previously, sec. 6(b)(3) of the International 
Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4932) 
amended and restated the opening sentence of subsec. (e). Subsec. (e) 
was originally added by sec. 1003(b) of the Department of State 
Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 
Stat. 1053).
---------------------------------------------------------
          (1) the term ``legal and law enforcement measures'' 
        means--
                  (A) the enactment and implementation of laws 
                and regulations or the implementation of 
                existing laws and regulations to provide for 
                the progressive control, reduction, and gradual 
                elimination of the illicit cultivation, 
                production, processing, transportation, and 
                distribution of narcotic drugs and other 
                controlled substances; and
                  (B) the effective organization, staffing, 
                equipping, funding, and activation of those 
                governmental authorities responsible for 
                narcotics control;
          (2) \400\ the term ``major illicit drug producing 
        country'' means a country in which--

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    \400\ Sec. 101(b)(2) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) amended 
and restated para. (2), changing the measure of ``major illicit drug 
producing country'' from quantity of production to acreage devoted to 
production. Previously, sec. 17(e) of the International Narcotics 
Control Act of 1989 (Public Law 101-231; 103 Stat. 1965) restated para. 
(2), adding emphasis on illicit production.
---------------------------------------------------------
                  (A) 1,000 hectares or more of illicit opium 
                poppy is cultivated or harvested during a year;
                  (B) 1,000 hectares or more of illicit coca is 
                cultivated or harvested during a year; or
                  (C) 5,000 hectares or more of illicit 
                cannabis is cultivated or harvested during a 
                year, unless the President determines that such 
                illicit cannabis production does not 
                significantly affect the United States;
          (3) 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 of 
        countries concerned;
          (4) \401\ the term ``United States assistance'' 
        means--

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    \401\ Sec. 5(b) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4931) amended and restated par. (4).
---------------------------------------------------------
                  (A) any assistance under this Act (including 
                programs under title IV of chapter 2, relating 
                to the Overseas Private Investment 
                Corporation), other than--
                          (i) assistance under this chapter,
                          (ii) any other narcotics-related 
                        assistance under this part (including 
                        chapter 4 of part II), but any such 
                        assistance provided under this clause 
                        shall be subject to the prior 
                        notification procedures applicable to 
                        reprogrammings pursuant to section 634A 
                        of this Act,
                          (iii) disaster relief assistance, 
                        including any assistance under chapter 
                        9 of this part,
                          (iv) assistance which involves the 
                        provision of food (including 
                        monetization of food) or medicine, and
                          (v) assistance for refugees;
                  (B) sales, or financing on any terms, under 
                the Arms Export Control Act;
                  (C) the provision of agricultural 
                commodities, other than food, under the 
                Agricultural Trade Development and Assistance 
                Act of 1954; and
                  (D) financing under the Export-Import Bank 
                Act of 1945;
          (5) \402\ the term ``major drug-transit country'' 
        means a country--

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    \402\ Para. (5) was added by sec. 2005(c)(3) of Public Law 95-570 
(100 Stat. 3207-63).
---------------------------------------------------------
                  (A) that is a significant direct source of 
                illicit narcotic or psychotropic drugs or other 
                controlled substances significantly affecting 
                the United States; or \403\

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    \403\ Sec. 1519(c) of the Housing and Community Development Act of 
1992 (Public Law 102-550; 106 Stat. 4060) (1) inserted ``or'' at the 
end of subpar. (A); (2) struck out ``or'' at the end of subpar. (B) and 
inserted a period (but did not strike out semicolon); and (3) struck 
out subpar. (C), which formerly read ``(C) through which significant 
sums of drug-related profits or monies are laundered with the knowledge 
or complicity of the government.''.
---------------------------------------------------------
                  (B) through which are transported such drugs 
                or substances; \404\

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    \404\ Sec. 11(a) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4934) struck out a period at the end of 
par. 5; inserted ``; and'' (resulting in double punctuation); and added 
par. (6). Subsequently, sec. 101(b) of the International Narcotics 
Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) 
struck out ``; and'', redesignated para. (6) as para. (8), and added 
new paras. (6) and (7).
---------------------------------------------------------
          (6) \404\ the term ``precursor chemical'' has the 
        same meaning as the term ``listed chemical'' has under 
        paragraph (33) of section 102 of the Controlled 
        Substances Act (21 U.S.C. 802(33); \405\

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    \405\ Para. (33) of section 102 of the Controlled Substances Act 
(21 U.S.C. 802(33) defines ``listed chemical'' as ``any list I chemical 
or any list II chemical''. List I chemicals are listed in para. (34) of 
that section; list II chemicals in para. (35).
---------------------------------------------------------
          (7) \404\ the term ``major money laundering country'' 
        means a country whose financial institutions engage in 
        currency transactions involving significant amounts of 
        proceeds from international narcotics trafficking; and
          (8) \404\ the term ``appropriate congressional 
        committees'' means the Committee on Foreign Affairs 
        \406\ and the Committee on Appropriations of the House 
        of Representatives and the Committee on Foreign 
        Relations and the Committee on Appropriations of the 
        Senate.

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    \406\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------
    Sec. 482.\407\ Authorization.--(a) \408\ (1) To carry out 
the purposes of section 481, there are authorized to be 
appropriated to the President $147,783,000 for fiscal year 1993 
and $171,500,000 for fiscal year 1994.\409\

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    \407\ 22 U.S.C. 2291a. Sec. 482, as added by sec. 503 of the 
Foreign Relations Authorization Act of 1972, was amended and restated 
by sec. 3 of the International Security Assistance Act of 1977 (Public 
Law 95-92; 91 Stat. 614). It formerly read as follows:
    ``Sec. 482. Authorization.--To carry out the purposes of section 
481, there are authorized to be appropriated to the President 
$42,500,000 for each of the fiscal years 1974 and 1975, $40,000,000 for 
the fiscal year 1976, no part of which may be obligated for or on 
behalf of any country where illegal traffic in opiates has been a 
significant problem unless and until the President determines and 
certifies in writing to the Speaker of the House of Representatives and 
the chairman of the Committee on Foreign Relations of the Senate that 
assistance furnished to such country pursuant to the authority in this 
chapter is significantly reducing the amount of illegal opiates 
entering the international market, and not to exceed $34,000,000 for 
the fiscal year 1977. Amounts appropriated under this section are 
authorized to remain available until expended.''.
    \408\ Subsection designation ``(a)'' and the original text of 
subsec. (b) were added by sec. 5(b) of the International Security 
Assistance Act of 1978 (Public Law 95-384; 92 Stat. 731). Subsec. (a) 
was further amended and restated by sec. 3 of the International 
Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 701); and 
further amended by Sec. 402(a) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3149). 
The 1980 amendment, in addition to other changes in subsection (a), 
struck out a paragraph which had earmarked $16 million for Colombia 
during fiscal year 1980 for a variety of items used in the interdiction 
of drug traffic.
    Subsec. (a) was further amended and restated when sec. 502(c) of 
the International Security and Development Cooperation Act of 1981 
(Public Law 97-113; 95 Stat. 1539) substituted the authorization levels 
for fiscal years 1982 and 1983 in lieu of the figure for fiscal year 
1981 and deleted a paragraph limiting the fiscal year 1981 U.S. 
contribution to the U.N. Fund for Drug Abuse Control to $3,000,000 or 
50 percent of total contributions, whichever is less.
    Subsec. (a) was further amended when sec. 4201 of the International 
Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4267) set 
the fiscal year 1989 authorization level and struck out the following:
    ``In addition to the amounts authorized by the preceding sentence, 
there are authorized to be appropriated to the President $45,000,000 
for the fiscal year to 1987 to carry out the purposes of section 481, 
except that funds may be appropriated pursuant to this additional 
authorization only if the President has submitted to the Congress a 
detailed plan for the expenditure of those funds, including a 
description of how regional cooperation on narcotics control matters 
would be promoted by the use of those funds. Of the funds authorized to 
be appropriated by the preceding sentence, not less that $10,000,000 
shall be available only to provide helicopters or other aircraft to 
countries receiving assistance for fiscal year 1987 under this chapter. 
These funds shall be used primarily for aircraft which will be based in 
Latin America for use for narcotics control eradication and 
interdiction efforts throughout the region. These aircraft shall be 
used solely for narcotics control, eradication, and interdiction 
efforts.''.
    Para. (3) subsec. (a), added by sec. 614 of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 231), was struck out by the International Narcotics Control Act 
of 1988. It previously read as follows:
    ``(3) Funds authorized to be appropriated by this section for 
fiscal year 1986 and for fiscal year 1987 may be used for a 
contribution to the United Nations Fund for Drug Abuse Control only if 
that organization includes in its crop substitution projects a plan for 
cooperation with the law enforcement forces of the host country.''.
    \409\ Authorizations under sec. 482 during recent years included 
the following: fiscal year 1975--$42,500,000; fiscal year 1976--
$40,000,000; fiscal year 1977--$34,000,000; fiscal year 1978--
$39,000,000; fiscal year 1979--$40,000,000; fiscal year 1980--
$51,758,000; fiscal year 1981--$38,573,000; fiscal year 1982--
$37,700,000; fiscal year 1983--$37,700,000; fiscal year 1984--
$47,000,000; fiscal year 1985--no authorization; fiscal year 1988--no 
authorization; fiscal year 1989--no authorization; fiscal year 1995--no 
authorization; fiscal year 1996--no authorization; fiscal year 1997--no 
authorization.
    Sec. 602 of the International Security and Development Cooperation 
Act of 1985 (Public Law 99-83; 99 Stat. 228), added the authorizations 
for fiscal years 1986 ($57,529,000) and 1987 ($75,445,000). The 
authorization amount for 1987 was subsequently amended by sec. 401 of 
Public Law 99-529 and by sec. 2002(1) of Public Law 99-570 (100 Stat. 
3207-60). Sec. 16 of the International Narcotics Control Act of 1989 
(Public Law 101-231; 103 Stat. 1964) added authorization for fiscal 
year 1990 ($115,000,000). Sec. 5 of the International Narcotics Control 
Act of 1990 (Public Law 101-623; 104 Stat. 3354) authorized 
$150,000,000 for fiscal year 1991. Sec. 3 of the International 
Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4914) 
added authorization for fiscal years 1993 and 1994.
    Congress did not enact an authorization for fiscal year 1998. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118), waived the requirements 
for authorization, and title II of that Act (111 Stat. 2398), provided 
the following:
---------------------------------------------------------

                         ``Department of State

                   ``international narcotics control
---------------------------------------------------------
    ``For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $215,000,000: Provided, That during fiscal year 
1998, the Department of State may also use the authority of section 608 
of the Act, without regard to its restrictions, to receive non-lethal 
excess property from an agency of the United States Government for the 
purpose of providing it to a foreign country under chapter 8 of part I 
of that Act subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That not later than 60 
days after the date of enactment of this Act, the Secretary of State in 
consultation with the Director of the Office of National Drug Control 
Policy shall submit a report to the Committees on Appropriations 
containing: (1) a list of all countries in which the United States 
carries out international counter-narcotics activities; (2) the number, 
mission and agency affiliation of United States personnel assigned to 
each such country; and (3) all costs and expenses obligated for each 
program, project or activity by each United States agency in each 
country: Provided further, That of the amount made available under this 
heading not to exceed $5,000,000 shall be allocated to operate the 
Western Hemisphere International Law Enforcement Academy: Provided 
further, That 10 percent of the funds appropriated under this heading 
shall not be available for obligation until the Secretary of State 
submits a report to the Committees on Appropriations providing a 
financial plan for the funds appropriated under this heading and under 
the heading `Narcotics Interdiction'.
---------------------------------------------------------

                        ``narcotics interdiction
---------------------------------------------------------
    ``For necessary expenses to carry out the provisions of section 481 
of the Foreign Assistance Act of 1961, $15,000,000, to remain available 
until expended, in addition to amounts otherwise available for such 
purposes, which shall be available for assistance, including 
procurement, for support of air drug interdiction and eradication and 
other related purposes: Provided, That funds appropriated under this 
heading shall be made available subject to the regular notification 
procedures of the Committees on Appropriations.''.
    See also the following sections in Public Law 105-118: under title 
V--sec. 512--Limitation on Assistance to Countries in Default (111 
Stat. 2408); sec. 515--Notification Requirements (110 Stat. 2409); sec. 
541--Anti-Narcotics Activities (111 Stat. 2418); and sec. 562--
Limitation on Assistance for Haiti (111 Stat. 2427).
---------------------------------------------------------
    (2) Amounts appropriated under this subsection are 
authorized to remain available until expended.
    (b) \410\ Procurement of Weapons and Ammunition.--

-----------------------------------------------------------------------
    \410\ Sec. 4(e) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4915) amended and restated subsec. (b). 
Subsection (b) was originally added by sec. 5(b) of the International 
Security Assistance Act of 1978.
---------------------------------------------------------
          (1) Prohibition.--Except as provided in paragraph 
        (2), funds made available to carry out this chapter 
        shall not be made available for the procurement of 
        weapons or ammunition.
          (2) Exceptions.--Paragraph (1) shall not apply with 
        respect to funds for the procurement of--
                  (A) weapons or ammunition provided only for 
                the defensive arming of aircraft used for 
                narcotics-related purposes, or
                  (B) firearms and related ammunition provided 
                only for defensive purposes to employees or 
                contract personnel of the Department of State 
                engaged in activities under this chapter,
        if, at least 15 days before obligating those funds, the 
        President notifies the appropriate congressional 
        committees in accordance with the procedures applicable 
        to reprogramming notifications under section 634A.
    (c) \411\ Contributions and Reimbursement.--(1) To \412\ 
ensure local commitment to the activities assisted under this 
chapter, a country receiving assistance under this chapter 
should bear an appropriate share of the costs of any narcotics 
control program, project, or activity for which such assistance 
is to be provided. A country may bear such costs on an ``in 
kind'' basis.

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    \411\ Redesignated from subsec. (d) by sec. 6(b)(4) of the 
International Narcotics Control Act of 1992 (Public Law 102-583; 106 
Stat. 4932). Originally added by sec. 608 of Public Law 99-83 (99 Stat. 
229); amended and restated by sec. 17(g) of the International Narcotics 
Control Act of 1989.
    \412\ Sec. 131(b)(1) of Public Law 104-164 (110 Stat. 1429) struck 
out ``Contribution by Recipient Country.--To'' and inserted in lieu 
thereof ``Contributions and Reimbursement.--(1) To''.
---------------------------------------------------------
    (2) \413\ (A) The President is authorized to accept 
contributions from foreign governments to carry out the 
purposes of this chapter. Such contributions shall be deposited 
as an offsetting collection to the applicable appropriation 
account and may be used under the same terms and conditions as 
funds appropriated pursuant to this chapter.

-----------------------------------------------------------------------
    \413\ Sec. 131(b)(2) of Public Law 104-164 (110 Stat. 1429) added 
paras. (2) and (3).
---------------------------------------------------------
          (B) At the time of submission of the annual 
        congressional presentation documents required by 
        section 634(a), the President shall provide a detailed 
        report on any contributions received in the preceding 
        fiscal year, the amount of such contributions, and the 
        purposes for which such contributions were used.
          (3) \413\ The President is authorized to provide 
        assistance under this chapter on a reimbursable basis. 
        Such reimbursements shall be deposited as an offsetting 
        collection to the applicable appropriation and may be 
        used under the same terms and conditions as funds 
        appropriated pursuant to this chapter.
    (d) \414\ Administrative Assistance.--(1) Except as 
provided in paragraph (2), personnel funded pursuant to this 
section are authorized to provide administrative assistance to 
personnel assigned to the bureau designated by the Secretary of 
State to replace the Bureau for International Narcotics 
Matters.

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    \414\ Sec. 164(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 411), added 
subsec. (d).
---------------------------------------------------------
    (2) Paragraph (1) shall not apply to the extent that it 
would result in a reduction in funds available for 
antinarcotics assistance to foreign countries.
    (e) \415\ Advance Notification of Transfer of Seized 
Assets.--The President shall notify the appropriate 
congressional committees at least 10 days prior to any transfer 
by the United States Government to a foreign country for 
narcotics control purposes of any property or funds seized by 
or otherwise forfeited to the United States Government in 
connection with narcotics-related activity.

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    \415\ Sec. 101(c) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) added 
subsec. (e).
---------------------------------------------------------
    (f) \416\ Treatment of Funds.--Funds transferred to and 
consolidated with funds appropriated pursuant to this chapter 
may be made available on such terms and conditions as are 
applicable to funds appropriated pursuant to this chapter. 
Funds so transferred or consolidated shall be apportioned 
directly to the bureau within the Department of State 
responsible for administering this chapter.

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    \416\ Sec. 131(c) of Public Law 104-164 (110 Stat. 1429) added 
secs. (f) and (g).
---------------------------------------------------------
    (g) Excess Property.--For purposes of this chapter, the 
Secretary of State may use the authority of section 608, 
without regard to the restrictions of such section, to receive 
nonlethal excess property from any agency of the United States 
Government for the purpose of providing such property to a 
foreign government under the same terms and conditions as funds 
authorized to be appropriated for the purposes of this chapter.
    Sec. 483.\417\ Prohibition on Use of Foreign Assistance for 
Reimbursements for Drug Crop Eradications.--Funds made 
available to carry out this Act may not be used to reimburse 
persons whose illicit drug crops are eradicated.

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    \417\ 22 U.S.C. 2291b. Sec. 483 was added by sec. 609 of Public Law 
99-83 (99 Stat. 230).
---------------------------------------------------------

SEC. 484.\418\ REQUIREMENTS RELATING TO AIRCRAFT AND OTHER EQUIPMENT.

  (a) Retention of Title to Aircraft.--

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    \418\ 22 U.S.C. 2291c. Sec. 4(f)(1) of the International Narcotics 
Control Act of 1992 (Public Law 102-583; 106 Stat. 4916) amended and 
restated sec. 484. Sec. 484 was originally added by sec. 2003 of the 
International Narcotics Control Act of 1986, and amended by sec. 7 of 
the International Narcotics Control Act of 1990.
---------------------------------------------------------
          (1) In general.--(A) Except as provided in paragraph 
        (2), any aircraft made available to a foreign country 
        under this chapter, or made available to a foreign 
        country primarily for narcotics-related purposes under 
        any other provision of law, shall be provided only on a 
        lease or loan basis.
          (B) Subparagraph (A) applies to aircraft made 
        available at any time after October 27, 1986 (which was 
        the date of enactment of the International Narcotics 
        Control Act of 1986).
          (2) Exceptions.--(A) Paragraph (1) shall not apply to 
        the extent that--
                  (i) the application of that paragraph with 
                respect to particular aircraft would be 
                contrary to the national interest of the United 
                States; and
                  (ii) the President notifies the appropriate 
                congressional committees in accordance with the 
                procedures applicable to reprogramming 
                notifications under section 634A.
          (B) Paragraph (1) does not apply with respect to 
        aircraft made available to a foreign country under any 
        provision of law that authorizes property that has been 
        civilly or criminally forfeited to the United States to 
        be made available to foreign countries.
          (3) Assistance for leasing of aircraft.--(A) For 
        purposes of satisfying the requirement of paragraph 
        (1), funds made available for the ``Foreign Military 
        Financing Program'' under section 23 of the Arms Export 
        Control Act may be used to finance the leasing of 
        aircraft under chapter 6 of that Act.
          (B) Section 61(a)(3) of that Act shall not apply with 
        respect to leases so financed; rather the entire cost 
        of any such lease (including any renewals) shall be an 
        initial, one time payment of the amount which would be 
        the sales price for the aircraft if they were sold 
        under section 21(a)(1)(B) or section 22 of that Act (as 
        appropriate).
          (C) To the extent that aircraft so leased were 
        acquired under chapter 5 of that Act, funds used 
        pursuant to this paragraph to finance such leases shall 
        be credited to the Special Defense Acquisition Fund 
        under chapter 5 of that Act (excluding the amount of 
        funds that reflects the charges described in section 
        21(e)(1) of that Act). The funds described in the 
        parenthetical clause of the preceding sentence shall be 
        available for payments consistent with sections 37(a) 
        and 43(b) of that Act.
    (b)\419\ Permissible Uses of Aircraft and Other 
Equipment.--The President shall take all reasonable steps to 
ensure that aircraft and other equipment made available to 
foreign countries under this chapter are used only in ways that 
are consistent with the purposes for which such equipment was 
made available.

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    \419\ Sec. 4(f)(2)(B) of the International Narcotics Control Act of 
1992 (Public Law 102-583; 106 Stat. 4917) struck ``In General'' and 
inserted in lieu thereof ``Permissible Uses of Aircraft and Other 
Equipment''. Sec. 4(f)(2)(D) of that Act redesignated sec. 489(a) as 
sec. 484(b).
---------------------------------------------------------
    (c) \420\ Reports.--In the reports submitted pursuant to 
section 489(a),\421\ the President shall discuss--

-----------------------------------------------------------------------
    \420\ Sec. 4(f)(2)(D) of the International Narcotics Control Act of 
1992 (Public Law 102-583; 106 Stat. 4917) redesignated sec. 489(b) as 
sec. 484(c).
    \421\ Sec. 4(f)(2)(C) of the International Narcotics Control Act of 
1992 (Public Law 102-583; 106 Stat. 4917) struck out ``subsection 
(e)'', and inserted in lieu thereof ``section 489(a)''.
---------------------------------------------------------
          (1) any evidence indicating misuse by a foreign 
        country of aircraft or other equipment made available 
        under this chapter, and
          (2) the actions taken by the United States Government 
        to prevent future misuse of such equipment by that 
        foreign country.
    Sec. 485.\422\ Records of Aircraft Use.--(a) Requirement To 
Maintain Records.--The President \423\ shall maintain detailed 
records on the use of any aircraft made available to a foreign 
country under this chapter, including aircraft made available 
before the enactment of this section.

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    \422\ 22 U.S.C. 2291d. Sec. 485 was added by sec. 2003 of Public 
Law 99-570 (100 Stat. 3207-61).
    \423\ Sec. 4(f)(3) of the International Narcotics Control Act of 
1992 (Public Law 102-583; 106 Stat. 4917) struck out ``Secretary of 
State'' both places it appeared in sec. 485 and inserted in lieu 
thereof ``President''.
---------------------------------------------------------
    (b) Congressional Access to Records.--The President shall 
make the records maintained pursuant to subsection (a) 
available to the Congress upon a request of the Chairman of the 
Committee on Foreign Affairs \424\ of the House of 
Representatives or the Chairman of the Committee on Foreign 
Relations of the Senate.

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    \424\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------
    Sec. 486.\425\ Reallocation of Funds Withheld from 
Countries Which Fail to Take Adequate Steps to Halt Illicit 
Drug Production or Trafficking.

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    \425\ 22 U.S.C. 2291e. Sec. 486 was added by sec. 4206(a) of the 
International Narcotics Control Act of 1988 (Public Law 100-690; 102 
Stat. 4270). Sec. 4206(b) of the same act stipulated the following:
    ``(1) The amendment made by subsection (a) of this section 
supersedes section 578(d) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1989 (Public Law 100-461).
    ``(2) Funds may be transferred pursuant to paragraph (1) of section 
486(a) of the Foreign Assistance Act of 1961 (as enacted by this 
section) notwithstanding section 514 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1989 (as amended by 
section 589 of that Act), relating to transfers between accounts.''.
---------------------------------------------------------
    (a) \426\ If any funds authorized to be appropriated for 
any fiscal year for assistance under this Act \427\ are not 
used for assistance for the country for which those funds were 
allocated because of the requirements of section 490 \428\ or 
any other provision of law requiring the withholding of 
assistance for countries that have not taken adequate steps to 
halt illicit drug production or trafficking, the President 
shall use those funds for additional assistance for those 
countries which have met their illicit drug eradication targets 
or have otherwise taken significant steps to halt illicit drug 
production or trafficking, as follows:

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    \426\ Sec. 101(d)(1) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out 
subsec. (a) catchline, which read ``Additional Assistance for Countries 
Taking Significant Steps.--''.
    \427\ Sec. 101(d)(2) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out 
``security assistance'' and inserted in lieu thereof ``assistance under 
this Act''.
    \428\ Sec. 6(b)(5)(A) of the International Narcotics Control Act of 
1992 (Public Law 102-583; 106 Stat. 4932) struck out ``481(h)'', and 
inserted in lieu thereof ``490''.
---------------------------------------------------------
          (1) International narcotics control assistance.--
        Those funds may be transferred to and consolidated with 
        the funds appropriated to carry out this chapter in 
        order to provide additional narcotics control 
        assistance for those countries. Funds transferred under 
        this paragraph may only be used to provide increased 
        funding for activities previously justified to the 
        Congress. Transfers may be made under this paragraph 
        without regard to the 20-percent increase limitation 
        contained in section 610(a). This paragraph does not 
        apply with respect to funds made available for 
        assistance under the Arms Export Control Act.
          (2) Other \429\ assistance.--Any such funds not used 
        under paragraph (1) shall be reprogrammed within the 
        account for which they were appropriated (subject to 
        the regular reprogramming procedures under section 
        634A) in order to provide additional \430\ assistance 
        for those countries.

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    \429\ Sec. 101(d)(3)(A) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out 
``Security'' in the para. (2) catchline, and inserted in lieu thereof 
``Other''. Sec. 101(d)(4) of that Act struck out subsec. (b) in this 
section, which had provided a definition of ``security assistance''.
    \430\ Sec. 101(d)(3)(B) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out 
``security'' here.
---------------------------------------------------------
    Sec. 487.\431\ Prohibition on Assistance to Drug 
Traffickers.

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    \431\ 22 U.S.C. 2291f. Sec. 487 was added by sec. 4503 of the 
International Narcotics Control Act of 1988 (Public Law 100-690; 102 
Stat. 4285).
---------------------------------------------------------
    (a) Prohibition.--The President shall take all reasonable 
steps to ensure that assistance under this Act and the Arms 
Export Control Act is not provided to or through any individual 
or entity that the President knows or has reason to believe--
          (1) has been convicted of a violation of, or a 
        conspiracy to violate, any law or regulation of the 
        United States, a State or the District of Columbia, or 
        a foreign country relating to \432\ narcotic or 
        psychotropic drugs or other controlled substances; 
        \433\ or

-----------------------------------------------------------------------
    \432\ Sec. 101(e) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) inserted 
``to'' after ``relating''.
    \433\ Sec. 6(b)(6) of the International Narcotics Control Act of 
1992 (Public Law 102-583; 106 Stat. 4932) struck out ``(as defined in 
section 481(i)(3) of this Act)'' preceding the semicolon.
---------------------------------------------------------
          (2) is or has been an illicit trafficker in any such 
        controlled substance or is or has been a knowing 
        assistor, abettor, conspirator, or colluder with others 
        in the illicit trafficking in any such substance.
    (b) \434\ Regulations.--The President shall issue 
regulations specifying the steps to be taken in carrying out 
this section.

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    \434\ Regulations proposed to implement section 487, issued by the 
Bureau of International Narcotics Matters of the Department of State, 
may be found at 60 F.R. 7737.
---------------------------------------------------------
    (c) Congressional Review of Regulations.--Regulations 
issued pursuant to subsection (b) shall be submitted to the 
Congress before they take effect.

SEC. 488.\435\ LIMITATIONS ON ACQUISITION OF REAL PROPERTY AND 
                    CONSTRUCTION OF FACILITIES.

    (a) Acquisition of Real Property.--

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    \435\ 22 U.S.C. 2291g. Sec. 4(g) of the International Narcotics 
Control Act of 1992 (Public Law 102-583; 106 Stat. 4917) amended and 
restated sec. 488. It was originally added by sec. 4505 of the 
International Narcotics Control Act of 1988.
---------------------------------------------------------
          (1) Prohibition.--Funds made available to carry out 
        this chapter may not be used to acquire (by purchase or 
        other means) any land or other real property for use by 
        foreign military, paramilitary, or law enforcement 
        forces.
          (2) Exception for certain leases.--Paragraph (1) 
        shall not apply to the acquisition of real property by 
        lease of a duration not to exceed 2 years.
          (3) Report.--The Secretary of State shall provide to 
        the Committee on Foreign Affairs \436\ of the House of 
        Representatives and the Committee on Foreign Relations 
        of the Senate within 30 days after the end of each 
        quarter of the fiscal year a detailed report on all 
        leases entered into pursuant to paragraph (2), 
        including the cost and duration of such lease, a 
        description of the property leased, and the purpose for 
        which such lease was entered into.

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    \436\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------
  (b) Construction of Facilities.--
          (1) Limitation.--Funds made available to carry out 
        this chapter may not be used for construction of 
        facilities for use by foreign military, paramilitary, 
        or law enforcement forces unless, at least 15 days 
        before obligating funds for such construction, the 
        President notifies the appropriate congressional 
        committees in accordance with procedures applicable to 
        reprogramming notifications under section 634A.
          (2) Exception.--Paragraph (1) shall not apply to the 
        construction of facilities which would require the 
        obligation of less than $750,000 under this chapter.

SEC. 489.\437\ REPORTING REQUIREMENTS.

  (a) International Narcotics Control Strategy Report.--Not 
later than March 1 \438\ of each year, the President shall 
transmit to the Speaker of the House of Representatives, and to 
the Committee on Foreign Relations of the Senate, a report 
containing the following:

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    \437\ 22 U.S.C. 2291h. Added by sec. 5(a) of the International 
Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917).
    Sec. 101(f)(1)(A) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out 
``FOR FISCAL YEARS 1993 AND 1994'' from the section heading and 
inserted in lieu thereof ``FOR FISCAL YEAR 1995''. Sec. 1112(c)(1) of 
Public Law 104-66 (109 Stat. 707) struck out ``FOR FISCAL YEAR 1995''.
    The original sec. 489 was added by sec. 4507 of the International 
Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4286). 
Sec. 4(f)(2) of the International Narcotics Control Act of 1992 (Public 
Law 102-583; 106 Stat. 4917) struck out subsecs. (c) and (d) of the 
original sec. 489, and restated sec. 489, subsecs. (a) and (b), as sec. 
484, subsecs. (c) and (d).
    Subsec. (c) of this sec. was struck out by sec. 1112(c)(2) of 
Public Law 104-66 (109 Stat. 707). Originally enacted as subsec. (d), 
redesignated as subsec. (c) by sec. 101(f)(1)(D) of the International 
Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 
Stat. 4692). Subsec. (c) formerly read as follows:
    ``Effective Date of Sections.--This section applies only during 
fiscal year 1995. Section 489A does not apply during that fiscal 
year.''.
    \438\ Sec. 101(f)(1)(B)(i) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out 
``April 1'' in subsec. (a), and inserted in lieu thereof ``March 1''.
---------------------------------------------------------
          (1) For each country that received assistance under 
        this chapter for either of the 2 preceding fiscal 
        years, a report on the extent to which the country 
        has--
                  (A) met the goals and objectives of the 
                United Nations Convention Against Illicit 
                Traffic in Narcotic Drugs and Psychotropic 
                Substances, including action on such issues as 
                illicit cultivation, production, distribution, 
                sale, transport, and financing, and money 
                laundering, asset seizure, extradition, mutual 
                legal assistance, law enforcement and transit 
                cooperation, precursor chemical control, and 
                demand reduction;
                  (B) accomplished the goals described in an 
                applicable bilateral narcotics agreement with 
                the United States or a multilateral agreement; 
                and
                  (C) taken legal and law enforcement measures 
                to prevent and punish public corruption, 
                especially by senior government officials, that 
                facilitates the production, processing, or 
                shipment of narcotic and psychotropic drugs and 
                other controlled substances, or that 
                discourages the investigation or prosecution of 
                such acts.
          (2)(A) A description of the policies adopted, 
        agreements concluded, and programs implemented by the 
        Department of State in pursuit of its delegated 
        responsibilities for international narcotics control, 
        including appropriate information on the status of 
        negotiations between the United States and other 
        countries on updated extradition treaties, mutual legal 
        assistance treaties, precursor chemical controls, money 
        laundering, and agreements pursuant to section 2015 of 
        the International Narcotics Act of 1986 (relating to 
        interdiction procedures for vessels of foreign 
        registry).
          (B) Information on multilateral and bilateral 
        strategies with respect to money laundering pursued by 
        the Department of State, the Department of Justice, the 
        Department of the Treasury, and other relevant United 
        States Government agencies, either collectively or 
        individually, to ensure the cooperation of foreign 
        governments with respect to narcotics-related money 
        laundering and to demonstrate that all United States 
        Government agencies are pursuing a common strategy with 
        respect to major money laundering countries. The report 
        shall include specific detail to demonstrate that all 
        United States Government agencies are pursuing a common 
        strategy with respect to achieving international 
        cooperation against money laundering and are pursuing a 
        common strategy with respect to major money laundering 
        countries, including a summary of United States 
        objectives on a country-by-country basis.
          (3) \439\ The identity of those countries which are--

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    \439\ Sec. 101(f)(1)(B)(ii) struck out subpara. (B), and 
redesignated subparas. (C) and (D) as subparas. (B) and (C). Subpara. 
(B) formerly read as follows:
    ``(B) the significant direct or indirect sources of narcotics and 
psychotropic drugs and other controlled substances significantly 
affecting the United States;''.
---------------------------------------------------------
                  (A) major illicit drug producing countries or 
                major drug-transit countries as determined 
                under section 490(h);
                  (B) major sources of precursor chemicals used 
                in the production of illicit narcotics; or
                  (C) major money laundering countries.
          (4) In addition, for each country identified pursuant 
        to paragraph (3), the following:
                  (A) A description of the plans, programs, and 
                timetables adopted by such country, including 
                efforts to meet the objectives of the United 
                Nations Convention Against Illicit Traffic in 
                Narcotic Drugs and Psychotropic Substances, and 
                a discussion of the adequacy of the legal and 
                law enforcement measures taken and the 
                accomplishments achieved in accord with those 
                plans.
                  (B) Whether as a matter of government policy 
                or practice, such country encourages or 
                facilitates the illicit production or 
                distribution of narcotic or psychotropic drugs 
                or other controlled substances or the 
                laundering of proceeds from illegal drug 
                transactions; and whether any senior official 
                of the government of such country engages in, 
                encourages, or facilitates the illicit 
                production or distribution of such drugs or 
                substances, or the laundering of proceeds from 
                illegal drug transactions.
          (5) In addition, for each country identified pursuant 
        to paragraph (3)(A) or (3)(B), a detailed status 
        report, with such information as can be reliably 
        obtained, on the narcotic or psychotropic drugs or 
        other controlled substances which are being cultivated, 
        produced, or processed in or transported through such 
        country, noting significant changes in conditions, such 
        as increases or decreases in the illicit cultivation 
        and manufacture of and traffic in such drugs and 
        substances.
          (6) In addition, for those countries identified 
        pursuant to paragraph (3)(C)--
                  (A) which countries are parties to 
                international agreements on a method for 
                maintaining records of transactions of an 
                established list of precursor and essential 
                chemicals;
                  (B) which countries have established a 
                procedure by which such records may be made 
                available to United States law enforcement 
                authorities; and
                  (C) which countries have enacted national 
                chemical control legislation which would impose 
                specific recordkeeping and reporting 
                requirements for listed chemicals, establish a 
                system of permits or declarations for imports 
                and exports of listed chemicals, and authorize 
                government officials to seize or suspend 
                shipments of listed chemicals.
          (7) In addition, for those countries identified 
        pursuant to paragraph (3)(D) the following:
                  (A)(i) Which countries have financial 
                institutions engaging in currency transactions 
                involving international narcotics trafficking 
                proceeds that include significant amounts of 
                United States currency or currency derived from 
                illegal drug sales in the United States or that 
                otherwise significantly affect the United 
                States;
                  (ii) which countries identified pursuant to 
                clause (i) have not reached agreement with the 
                United States authorities on a mechanism for 
                exchanging adequate records in connection with 
                narcotics investigations and proceedings; and
                  (iii) which countries identified pursuant to 
                clause (ii)--
                          (I) are negotiating in good faith 
                        with the United States to establish 
                        such a record-exchange mechanism, or
                          (II) have adopted laws or regulations 
                        that ensure the availability to 
                        appropriate United States Government 
                        personnel and those of other 
                        governments of adequate records in 
                        connection with narcotics 
                        investigations and proceedings.
                  (B) Which countries--
                          (i) have ratified the United Nations 
                        Convention Against Illicit Traffic in 
                        Narcotic Drugs and Psychotropic 
                        Substances and are taking steps to 
                        implement that Convention and other 
                        applicable agreements and conventions 
                        such as the recommendations of the 
                        Financial Action Task Force, the policy 
                        directive of the European Community, 
                        the legislative guidelines of the 
                        Organization of American States, and 
                        other similar declarations; and
                          (ii) have entered into bilateral 
                        agreements for the exchange of 
                        information on money-laundering with 
                        countries other than the United States.
                  (C) Findings on each country's adoption of 
                law and regulations considered essential to 
                prevent narcotics-related money laundering. 
                Such findings shall include whether a country 
                has--
                          (i) criminalized narcotics money 
                        laundering;
                          (ii) required banks and other 
                        financial institutions to know and 
                        record the identity of customers 
                        engaging in significant transactions, 
                        including the recording of large 
                        currency transactions at thresholds 
                        appropriate to that country's economic 
                        situation;
                          (iii) required banks and other 
                        financial institutions to maintain, for 
                        an adequate time, records necessary to 
                        reconstruct significant transactions 
                        through financial institutions in order 
                        to be able to respond quickly to 
                        information requests from appropriate 
                        government authorities in narcotics-
                        related money laundering cases;
                          (iv) required or allowed financial 
                        institutions to report suspicious 
                        transactions;
                          (v) established systems for 
                        identifying, tracing, freezing, 
                        seizing, and forfeiting narcotics-
                        related assets;
                          (vi) enacted laws for the sharing of 
                        seized narcotics assets with other 
                        governments;
                          (vii) cooperated, when requested, 
                        with appropriate law enforcement 
                        agencies of other governments 
                        investigating financial crimes related 
                        to narcotics; and
                          (viii) addressed the problem on 
                        international transportation of 
                        illegal-source currency and monetary 
                        instruments.
        The report shall also detail instances of refusals to 
        cooperate with foreign governments, and any actions 
        taken by the United States Government and any 
        international organization to address such obstacles, 
        including the imposition of sanctions or penalties.
  (b) Annual Reports on Assistance.--
          (1) In general.--At the time that the report required 
        by subsection (a) is submitted each year, the Secretary 
        of State, in consultation with appropriate United 
        States Government agencies, shall report to the 
        appropriate committees of the Congress on the 
        assistance provided or proposed to be provided by the 
        United States Government during the preceding fiscal 
        year, the current fiscal year, and the next fiscal year 
        to support international efforts to combat illicit 
        narcotics production or trafficking.
          (2) Information to be included.--Each report pursuant 
        to this subsection shall--
                  (A) specify the amount and nature of the 
                assistance provided or to be provided;
                  (B) include, for each country identified in 
                subsection (a)(3)(A), information from the Drug 
                Enforcement Administration, the Customs 
                Service, and the Coast Guard describing in 
                detail--
                          (i) the assistance provided or to be 
                        provided to such country by that 
                        agency, and
                          (ii) the assistance provided or to be 
                        provided to that agency by such 
                        country,
                with respect to narcotic control efforts during 
                the preceding fiscal year, the current fiscal 
                year, and the next fiscal year; and
                  (C) list all transfers, which were made by 
                the United States Government during the 
                preceding fiscal year, to a foreign country for 
                narcotics control purposes of any property 
                seized by or otherwise forfeited to the United 
                States Government in connection with narcotics-
                related activity, including an estimate of the 
                fair market value and physical condition of 
                each item of property transferred.

SEC. 489A.\440\ * * * [Repealed--1995]

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    \440\ Formerly at 22 U.S.C. 2291i. Sec. 1112 of Public Law 104-66 
(109 Stat. 707) repealed secs. 489A--Reporting Requirements Applicable 
After September 30, 1995--and 490A--Annual Certification Procedures 
After September 30, 1995. That section also amended the section 
catchlines of secs. 489 and 490, striking out ``for fiscal year 1995'' 
in each case. Sec. 489A was originally added by sec. 5(a) of the 
International Narcotics Control Act of 1992 (Public Law 102-583; 106 
Stat. 4917), the heading originally read ``Reporting Requirements 
Applicable After September 30, 1994.''. Sec. 101(f)(2) of the 
International Narcotics Control Corrections Act of 1994 (Public Law 
103-447; 108 Stat. 4692) struck out ``1994'' and inserted in lieu 
thereof ``1995''.
---------------------------------------------------------

SEC. 490.\441\ ANNUAL CERTIFICATION PROCEDURES.

  (a) Withholding of Bilateral Assistance and Opposition to 
Multilateral Development Assistance.--

-----------------------------------------------------------------------
    \441\ 22 U.S.C. 2291j. Added by sec. 5(a) of the International 
Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917), the 
heading originally read ``ANNUAL CERTIFICATION PROCEDURES FOR FISCAL 
YEARS 1993 AND 1994.''. Sec. 101(g)(1)(A) of the International 
Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 
Stat. 4692) struck out ``FOR FISCAL YEARS 1993 AND 1994'', and inserted 
in lieu thereof ``FOR FISCAL YEAR 1995''. Sec. 1112(b) of Public Law 
104-66 (109 Stat. 707) struck out ``FOR FISCAL YEAR 1995''.
    Sec. 1112(d)(2) of Public Law 104-66 (104 Stat. 707) struck out 
subsec. (i) to this section. Previously amended and restated by sec. 
101(g)(1)(H) of the International Narcotics Control Corrections Act of 
1994 (Public Law 103-447; 108 Stat. 4693), subsec. (i) most recently 
read as follows:
    ``(i) Effective Dates of Sections.--This section applies only 
during fiscal year 1995. Section 490A does not apply during that fiscal 
year.''.
---------------------------------------------------------
          (1) Bilateral assistance.--Fifty percent of the 
        United States assistance allocated each fiscal year in 
        the report required by section 653 for each major 
        illicit drug producing country or major drug-transit 
        country \442\ shall be withheld from obligation and 
        expenditure, except as provided in subsection (b). This 
        paragraph shall not apply with respect to a country if 
        the President determines that its application to that 
        country would be contrary to the national interest of 
        the United States, except that any such determination 
        shall not take effect until at least 15 days after the 
        President submits written notification of that 
        determination to the appropriate congressional 
        committees in accordance with the procedures applicable 
        to reprogramming notifications under section 634A.

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    \442\ Sec. 101(g)(1)(B) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out 
``(as determined under subsection (h))'' after ``major drug-transit 
country''.
---------------------------------------------------------
          (2) Multilateral assistance.--The Secretary of the 
        Treasury shall instruct the United States Executive 
        Director of each multilateral development bank to vote, 
        on and after March 1 \443\ of each year, 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 (as 
        determined under subsection (h)), except as provided in 
        subsection (b). For purposes of this paragraph, the 
        term ``multilateral development bank'' means the 
        International Bank for Reconstruction and Development, 
        the International Development Association, the Inter-
        American Development Bank, the Asian Development Bank, 
        the African Development Bank, and the European Bank for 
        Reconstruction and Development.

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    \443\ Sec. 101(g)(1)(C) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out 
``April 1'' and inserted in lieu thereof ``March 1''.
---------------------------------------------------------
  (b) \444\ Certification Procedures.--

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    \444\ In Presidential Determination No. 98-15 issued on February 
26, 1998, the President stated the following:
    ``By virtue of the authority vested in me by section 490(b)(1)(A) 
of the Foreign Assistance Act of 1961, as amended (`the Act'), I hereby 
determine and certify that the following major illicit drug producing 
and/or major illicit drug transit countries/dependent territories have 
cooperated fully with the United States, or taken adequate steps on 
their own, to achieve full compliance with the goals and objectives of 
the 1988 United Nations Convention Against Illicit Traffic in Narcotic 
Drugs and Psychotropic Substances:
---------------------------------------------------------

          ``Aruba, The Bahamas, Belize, Bolivia, Brazil, China, 
        Dominican Republic, Ecuador, Guatemala, Haiti, Hong Kong, 
        India, Jamaica, Laos, Malaysia, Mexico, Panama, Peru, Taiwan, 
        Thailand, Venezuela, and Vietnam.
---------------------------------------------------------
    ``By virtue of the authority vested in me by section 490(b)(1)(B) 
of the Act, I hereby determine that it is in the vital national 
interests of the United States to certify the following major illicit 
drug producing and/or major illicit drug transit countries:
---------------------------------------------------------

          ``Cambodia, Colombia, Pakistan, and Paraguay.
---------------------------------------------------------
    ``Analysis of the relevant U.S. vital national interests, as 
required under section 490(b)(3) of the Act, is attached. I have 
determined that the following major illicit drug producing and/or major 
illicit drug transit countries do not meet the standards set forth in 
section 490(b) for certification:
---------------------------------------------------------

          ``Afghanistan, Burma, Iran, and Nigeria.
---------------------------------------------------------
    ``In making these determinations, I have considered the factors set 
forth in section 490 of the Act, based on the information contained in 
the International Narcotics Control Strategy Report of 1998. Given that 
the performance of each of these countries/dependent territories has 
differed, I have attached an explanatory statement for each of the 
countries/dependent territories subject to this determination.''.
---------------------------------------------------------
          (1) What must be certified.--Subject to subsection 
        (d), the assistance withheld from a country pursuant to 
        subsection (a)(1) may be obligated and expended, and 
        the requirement of subsection (a)(2) to vote against 
        multilateral development bank assistance to a country 
        shall not apply, if the President determines and 
        certifies to the Congress, at the time of the 
        submission of the report required by section 489(a), 
        that--
                  (A) \444\ during the previous year the 
                country has cooperated fully with the United 
                States, or has taken adequate steps on its own, 
                to achieve full compliance with the goals and 
                objectives established by the United Nations 
                Convention Against Illicit Traffic in Narcotic 
                Drugs and Psychotropic Substances; or
                  (B) \444\ for a country that would not 
                otherwise qualify for certification under 
                subparagraph (A), the vital national interests 
                of the United States require that the 
                assistance withheld pursuant to subsection 
                (a)(1) be provided and that the United States 
                not vote against multilateral development bank 
                assistance for that country pursuant to 
                subsection (a)(2).
          (2) Considerations regarding cooperation.--In making 
        the determination described in paragraph (1)(A), the 
        President shall consider the extent to which the 
        country has--
                  (A) met the goals and objectives of the 
                United Nations Convention Against Illicit 
                Traffic in Narcotic Drugs and Psychotropic 
                Substances, including action on such issues as 
                illicit cultivation, production, distribution, 
                sale, transport and financing, and money 
                laundering, asset seizure, extradition, mutual 
                legal assistance, law enforcement and transit 
                cooperation, precursor chemical control, and 
                demand reduction;
                  (B) accomplished the goals described in an 
                applicable bilateral narcotics agreement with 
                the United States or a multilateral agreement; 
                and
                  (C) taken legal and law enforcement measures 
                to prevent and punish public corruption, 
                especially by senior government officials, that 
                facilitates the production, processing, or 
                shipment of narcotic and psychotropic drugs and 
                other controlled substances, or that 
                discourages the investigation or prosecution of 
                such acts.
          (3) \444\ Information to be included in national 
        interest certification.--If the President makes a 
        certification with respect to a country pursuant to 
        paragraph (1)(B), the President shall include in such 
        certification--
                  (A) a full and complete description of the 
                vital national interests placed at risk if 
                United States bilateral assistance to that 
                country is terminated pursuant to this section 
                and multilateral development bank assistance is 
                not provided to such country; and
                  (B) a statement weighing the risk described 
                in subparagraph (A) against the risks posed to 
                the vital national interests of the United 
                States by the failure of such country to 
                cooperate fully with the United States in 
                combating narcotics or to take adequate steps 
                to combat narcotics on its own.
  (c) Licit Opium Producing Countries.--The President may make 
a certification under subsection (b)(1)(A) with respect to a 
major illicit drug producing country, or major drug-transit 
country, that is a producer of licit opium only if the 
President determines that such country maintains licit 
production and stockpiles at levels no higher than those 
consistent with licit market demand, and has taken adequate 
steps to prevent significant diversion of its licit cultivation 
and production into the illicit markets and to prevent illicit 
cultivation and production.\445\

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    \445\ Sec. 101(g)(1)(D) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out 
``that such country has taken adequate steps to prevent significant 
diversion of its licit cultivation and production into the illicit 
market, maintains production and stockpiles at levels no higher than 
those consistent with licit market demand, and prevents illicit 
cultivation and production.'', and inserted in lieu thereof ``that such 
country maintains licit production and stockpiles at levels no higher 
than those consistent with licit market demand, and has taken adequate 
steps to prevent significant diversion of its licit cultivation and 
production into the illicit markets and to prevent illicit cultivation 
and production.''.
---------------------------------------------------------
  (d) Congressional Review.--Subsection (e) shall apply if, 
within 30 \446\ calendar days after receipt of a certification 
submitted under subsection (b) at the time of submission of the 
report required by section 489(a), the Congress enacts a joint 
resolution disapproving the determination of the President 
contained in such certification.

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    \446\ Sec. 101(g)(1)(E) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out 
``45'' and inserted in lieu thereof ``30''.
---------------------------------------------------------
  (e) Denial of Assistance for Countries Decertified.--If the 
President does not make a certification under subsection (b) 
with respect to a country or the Congress enacts a joint 
resolution disapproving such certification, then until such 
time as the conditions specified in subsection (f) are 
satisfied--
          (1) funds may not be obligated for United States 
        assistance for that country, and funds previously 
        obligated for United States assistance for that country 
        may not be expended for the purpose of providing 
        assistance for that country; and
          (2) the requirement to vote against multilateral 
        development bank assistance pursuant to subsection 
        (a)(2) shall apply with respect to that country, 
        without regard to the date specified in that 
        subsection.
  (f) Recertification.--Subsection (e) shall apply to a country 
described in that subsection until--
          (1) the President, at the time of submission of the 
        report required by section 489(a), makes a 
        certification under subsection (b)(1)(A) or (b)(1)(B) 
        with respect to that country, and the Congress does not 
        enact a joint resolution under subsection (d) 
        disapproving the determination of the President 
        contained in that certification; or
          (2) the President, at any other time, makes the 
        certification described in subsection (b)(1)(B) with 
        respect to that country, except that this paragraph 
        applies only if either--
                  (A) the President also certifies that--
                          (i) that country has undergone a 
                        fundamental change in government, or
                          (ii) there has been a fundamental 
                        change in the conditions that were the 
                        reason--
                                  (I) why the President had not 
                                made a certification with 
                                respect to that country under 
                                subsection (b)(1)(A), or
                                  (II) if he had made such a 
                                certification and the Congress 
                                enacted a joint resolution 
                                disapproving the determination 
                                contained in the certification, 
                                why the Congress enacted that 
                                joint resolution; or
                  (B) the Congress enacts a joint resolution 
                approving the determination contained in the 
                certification under subsection (b)(1)(B).
Any certification under subparagraph (A) of paragraph (2) shall 
discuss the justification for the certification.
  (g) \447\ Senate Procedures.--Any joint resolution under this 
section shall be considered in the Senate in accordance with 
the provisions of section 601(b) of the International Security 
Assistance and Arms Export Control Act of 1976.

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    \447\ Subsec. (g) formerly read ``Congressional Review 
Procedures.--(1) Senate.--''. Sec. 101(g)(1)(F) of the International 
Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 
Stat. 4693) struck this out, inserted ``Senate Procedures.--'', and 
struck out para. (2), which had read as follows:
    ``(2) House of representatives.--For the purpose of expediting the 
consideration and enactment of joint resolutions under this section, a 
motion to proceed to the consideration of any such joint resolution 
after it has been reported by the appropriate committee shall be 
treated as highly privileged in the House of Representatives.''.
---------------------------------------------------------
  (h) \448\ Determining Major Drug-Transit and Major Illicit 
Drug Producing Countries.--Not later than November 1 \448\ of 
each year, the President shall notify the appropriate 
committees of the Congress of which countries have been 
determined to be major drug-transit countries, and which 
countries have been determined to be major illicit drug 
producing countries, for purposes of this Act.

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    \448\ Sec. 101(g)(1)(G) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out 
``for Fiscal Years 1993 and 1994'' in the subsec. catchline, and struck 
out ``January 1'' in lieu of ``November 1'' in the text.
---------------------------------------------------------

SEC. 490A.\449\ * * * [Repealed--1995]

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    \449\ Formerly at 22 U.S.C. 2291k. Sec. 1112 of Public Law 104-66 
(109 Stat. 707) repealed secs. 489A--Reporting Requirements Applicable 
After September 30, 1995--and 490A--Annual Certification Procedures 
After September 30, 1995. That section also amended the section 
catchlines of secs. 489 and 490, striking out ``for fiscal year 1995'' 
in each case. Originally added by sec. 5(a) of the International 
Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917).
    Sec. 101(g)(2)(A) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out 
``1994'' from the section catchline, and inserted in lieu thereof 
``1995''.
---------------------------------------------------------

           Chapter 9--International Disaster Assistance \450\

    Sec. 491.\451\ Policy and General Authority.--(a) The 
Congress, recognizing that prompt United States assistance to 
alleviate human suffering caused by natural and manmade 
disasters is an important expression of the humanitarian 
concern and tradition of the people of the United States, 
affirms the willingness of the United States to provide 
assistance for the relief and rehabilitation of people and 
countries affected by such disasters.

-----------------------------------------------------------------------
    \450\ Sec. 101(1) of Public Law 94-161 (89 Stat. 849) inserted 
``International Disaster Assistance'' in lieu of ``Refugee Relief 
Assistance''.
    \451\ 22 U.S.C. 2292. Sec. 491 was added by sec. 101(3) of Public 
Law 94-161 (80 Stat. 849). An earlier sec. 491, which was added by sec. 
109 of the FA Act of 1971, and repealed by sec. 101(2) of Public Law 
94-161 (89 Stat. 849), read as follows:
    ``Sec. 491. Refugee Relief Assistance.--There is authorized to be 
appropriated to the President for the fiscal year 1972, in addition to 
funds otherwise available for such purposes, not to exceed 
$250,000,000, to remain available until expended, for use by the 
President in providing assistance for the relief and rehabilitation of 
refugees from East Pakistan and for humanitarian relief in East 
Pakistan. Such assistance shall be distributed, to the maximum extent 
practicable, under the auspices of and by international institutions 
and relief agencies or United States voluntary agencies.''.
---------------------------------------------------------
    (b) Subject to the limitations \452\ in section 492, and 
notwithstanding any other provision of this or any other Act, 
the President is authorized to furnish assistance to any 
foreign country, international organization, or private 
voluntary organization,\453\ on such terms and conditions as he 
may determine, for international disaster relief and 
rehabilitation, including assistance relating to disaster 
preparedness, and to the prediction of, and contingency 
planning for, natural disasters abroad.

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    \452\ The words ``on appropriations'' which previously appeared at 
this point, were struck out by sec. 404(b) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3150).
    \453\ The words, ``international organization, or private voluntary 
organization,'' were inserted in lieu of ``or international 
organization'' by Sec. 118(a) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 953).
---------------------------------------------------------
    (c) In carrying out the provisions of this section the 
President shall insure that the assistance provided by the 
United States shall, to the greatest extent possible, reach 
those most in need of relief and rehabilitation as a result of 
natural and manmade disasters.
    Sec. 492.\454\ Authorization.--(a) \455\ There are 
authorized to be appropriated to the President to carry out 
section 491, $25,000,000 for the fiscal year 1986 and 
$25,000,000 for the fiscal year 1987.\456\ Amounts appropriated 
under this section are authorized to remain available until 
expended.\457\

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    \454\ 22 U.S.C. 2292a. Sec. 492 was added by sec. 101(3) of Public 
Law 94-161 (89 Stat. 849).
    \455\ The subsection designation ``(a)'' and a new subsec. (b) were 
added by sec. 404(a) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3150).
    \456\ The authorization figures for fiscal years 1986 and 1987 were 
inserted by sec. 404 of the International Security and Development 
Cooperation Act of 1985. (Public Law 99-83; 99 Stat. 219). 
Authorizations under Sec. 492 in recent years included the following: 
fiscal year 1979--$25,000,000; fiscal year 1980--$21,800,000; fiscal 
year 1981--$25,000,000; fiscal year 1982--$27,000,000; fiscal year 
1983--$27,000,000; fiscal year 1984--$25,000,000; fiscal year 1985--no 
authorization; fiscal year 1988--no authorization; fiscal year 1989--no 
authorization; fiscal year 1990--no authorization; fiscal year 1991--no 
authorization; fiscal year 1992--no authorization; fiscal year 1993--no 
authorization; fiscal year 1994--no authorization; fiscal year 1995--no 
authorization; fiscal year 1996--no authorization; fiscal year 1997--no 
authorization.
    Congress did not enact an authorization for fiscal year 1998. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118) waived the requirements 
for authorization, and title II of that Act (111 Stat. 2391) provided 
the following:
---------------------------------------------------------

                  ``international disaster assistance
---------------------------------------------------------
    ``For necessary expenses for international disaster relief, 
rehabilitation, and reconstruction assistance pursuant to section 491 
of the Foreign Assistance Act of 1961, as amended, $190,000,000 to 
remain available until expended.''.
    See also sec. 501 of that Act, relating to obligations during last 
month of availability.
    \457\ A sentence which called for a quarterly report on the 
programming and obligation of funds under Sec. 492 and had previously 
appeared at this point, was struck by Sec. 118(b)(2) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 953).
---------------------------------------------------------
    (b) \455\ In addition to amounts otherwise available to 
carry out this chapter, up to $50,000,000 in any fiscal year 
may be obligated against appropriations under this part (other 
than this chapter) for use in providing assistance in 
accordance with the authorities and general policies of section 
491. Amounts subsequently appropriated under this chapter with 
respect to a disaster may be used to reimburse any 
appropriation account against which obligations were incurred 
under this subsection with respect to that disaster.
    Sec. 493.\458\ Disaster Assistance--Coordination.--The 
President is authorized to appoint a Special Coordinator for 
International Disaster Assistance whose responsibility shall be 
to promote maximum effectiveness and coordination in responses 
to foreign disasters by United States agencies and between the 
United States and other donors. Included among the Special 
Coordinator's responsibilities shall be the formulation and 
updating of contingency plans for providing disaster relief.

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    \458\ 22 U.S.C. 2292b, Sec. 493 was added by sec. 101(3) of Public 
Law 94-161 (89 Stat. 849).
---------------------------------------------------------
    Sec. 494.\459\ Disaster Relief Assistance.--There is 
authorized to be appropriated, in addition to other sums 
available for such purposes, $65,000,000 for use by the 
President for disaster relief and emergency recovery needs in 
Pakistan, and Nicaragua, under such terms and conditions as he 
may determine, such sums to remain available until expended.

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    \459\ 22 U.S.C. 2292c. Former sec. 452, which was added by sec. 
2(2) of the Foreign Disaster Assistance Act of 1974 (Public Law 93-
333), was redesignated as sec. 494 by sec. 101(4) of Public Law 94-161 
(89 Stat. 849).
---------------------------------------------------------
    Sec. 494A.\460\ Famine and Disaster Relief to Drought-
Stricken African Nations.--* * * [Repealed--1978]

-----------------------------------------------------------------------
    \460\ Sec. 494A, originally added as sec. 639A by the FA Act of 
1973 and subsequently redesignated as sec. 494A by Public Law 94-161 
(89 Stat. 849), was repealed by sec. 604 of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 961).
---------------------------------------------------------
    Sec. 494B.\461\ African Development Program.--* * * 
[Redesignated--1977]

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    \461\ Sec. 494B, originally added as sec. 639B of this Act by the 
FA Act of 1973 and later redesignated as sec. 494B in 1975, was 
subsequently redesignated as sec. 120 (Sahel Development Program--
Planning) by sec. 115 of Public Law 95-88 (91 Stat. 539).
---------------------------------------------------------
    Sec. 495.\462\ Cyprus Relief and Rehabilitation.--The 
President is authorized to furnish assistance, on such terms 
and conditions as he may determine, for the relief and 
rehabilitation of refugees and other needy people in Cyprus. 
There is authorized to be appropriated for the purposes of this 
section, in addition to amounts otherwise available for such 
purposes, $40,000,000.\463\ Such amount is authorized to remain 
available until expended. Assistance under this section shall 
be provided in accordance with the policy and general authority 
contained in section 491.

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    \462\ 22 U.S.C. 2292f. Sec. 495 was added by sec. 101(8) of Public 
Law 94-161 (89 Stat. 849).
    \463\ Sec. 402 of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 757) inserted 
``$40,000,000'' in lieu of ``$30,000,000''.
    The FA Appropriations Act, 1976, provided the following: ``Cyprus 
relief and rehabilitation: For necessary expenses to carry out the 
provisions of section 495, $25,000,000.''.
    For ``Cyprus relief and rehabilitation'' for the period July 1, 
1976, through September 30, 1976, $5,000,000.
---------------------------------------------------------
    Sec. 495A.\464\ Guatemala Relief and Rehabilitation.--* * * 
[Repealed--1978]

-----------------------------------------------------------------------
    \464\ Sec. 495A, as added by Public Law 94-276 (90 Stat. 397), was 
repealed by sec. 604 of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
---------------------------------------------------------
    Sec. 495B.\465\ Italy Relief and Rehabilitation.--(a) In 
addition to amounts otherwise available for such purpose, there 
is authorized to be appropriated $25,000,000 for the fiscal 
year 1976 to furnish assistance under this chapter for the 
relief and rehabilitation of the people who have been 
victimized by the recent earthquake in Italy. Amounts 
appropriated under this section are authorized to remain 
available until expended.

-----------------------------------------------------------------------
    \465\ 22 U.S.C. 2292h. Sec. 495B was added by sec. 415 of the 
International Security Assistance and Arms Export Control Act of 1976 
(Public Law 94-329; 90 Stat. 761).
---------------------------------------------------------
    (b) \466\ There are authorized to be appropriated to the 
President $30,000,000 for the fiscal year 1978 for relief, 
rehabilitation, and reconstruction assistance, in accordance 
with the provisions of section 491 and on such terms and 
conditions as he may determine, for the people who have been 
victimized by the recent earthquakes in Italy. Amounts 
appropriated under this subsection are authorized to remain 
available until expended.

-----------------------------------------------------------------------
    \466\ Sec. 120 of the International Development and Food Assistance 
Act of 1977 (Public Law 95-88; 91 Stat. 541) redesignated subsec. (b) 
as subsec. (c) and added this new subsec. (b).
    The FA Appropriations Act, 1978, provided the following:
    ``Italy relief and rehabilitation assistance: For necessary 
expenses to carry out the provisions of section 495B, $25,000,000.''.
---------------------------------------------------------
    (c) Obligations incurred prior to the date of enactment of 
this section against other appropriations or accounts for the 
purpose of providing relief and rehabilitation assistance to 
the people of Italy may be charged to the appropriations 
authorized under this section.
    (d) \467\ (1) The Congress recognizes that prompt United 
States assistance is necessary to alleviate the human suffering 
arising from the earthquakes in southern Italy in late 1980. 
Accordingly, there are authorized to be appropriated to the 
President, in addition to amounts otherwise available for such 
purpose, $50,000,000 for the fiscal year 1981 for relief, 
rehabilitation, and reconstruction assistance for the victims 
of those earthquakes. Such assistance shall be provided in 
accordance with the policies and general authorities of section 
491 and on such terms and conditions as the President may 
determine.

-----------------------------------------------------------------------
    \467\ Subsec. (d) was added by Public Law 96-525 (94 Stat. 3043).
    The full $50,000,000 authorized in this subsection for Italian 
earthquake disaster assistance was appropriated by Public Law 96-536, 
the continuing resolution providing foreign aid funds for fiscal year 
1981. This $50,000,000 was designated as an earmarking out of the total 
of $73,000,000 appropriated in fiscal year 1981 for international 
disaster assistance. The FA Appropriations, 1982, also provided that of 
the $27,000,000 made available under sec. 491, ``not less than 
$10,000,000 shall be used for earthquake relief and reconstruction in 
southern Italy.''. The FA Appropriations Act, 1984 (sec. 101(b)(1) of 
the Further Continuing Appropriations Act, 1984) further provided that 
out of the $25,000,000 made available under sec. 491, ``$10,000,000 
shall be used only for earthquake relief and reconstruction in southern 
Italy, which amount may be derived either from amounts appropriated to 
carry out the provisions of section 491 of the Foreign Assistance Act 
of 1961 or from up to $10,000,000 of amounts heretofore appropriated 
pursuant to chapter 4 of part II of such Act for Syria which are, if 
deobligated, hereby continued available for the purposes of section 491 
or for other programs for Italy consistent with sections 103 through 
106 of such Act.''.
---------------------------------------------------------
    (2) Amounts appropriated under this subsection are 
authorized to remain available until expended.
    (3) Obligations incurred against other appropriations or 
accounts for the purpose of providing relief, rehabilitation, 
and reconstruction assistance for the victims of the late 1980 
earthquakes in southern Italy may be charged to appropriations, 
enacted after those obligations were incurred, for assistance 
for that purpose under this chapter.
    Sec. 495C.\468\ Lebanon Relief and Rehabilitation.--(a) The 
Congress, recognizing that prompt United States assistance is 
necessary to alleviate the human suffering arising from the 
civil strife in Lebanon and to restore the confidence of the 
people of Lebanon, authorizes the President to furnish 
assistance, on such terms and conditions as he may determine, 
for the relief and rehabilitation of refugees and other needy 
people in Lebanon.

-----------------------------------------------------------------------
    \468\ 22 U.S.C. 2292i. Sec. 495C was added by sec. 416 of the 
International Security Assistance and Arms Export Control Act of 1976 
(Public Law 94-329; 90 Stat. 762).
---------------------------------------------------------
    (b) There is authorized to be appropriated to the President 
for the purposes of this section, in addition to amounts 
otherwise available for such purposes, $20,000,000, which 
amount is authorized to remain available until expended.\469\

-----------------------------------------------------------------------
    \469\ The FA Appropriations Act, 1977, provided the following: 
``For necessary expenses to carry out the provisions of section 495C, 
$20,000,000.''.
---------------------------------------------------------
    (c) Assistance under this section shall be provided in 
accordance with the policies and general authority contained in 
section 491.
    (d) Obligations incurred prior to the date of enactment of 
this section against other appropriations or accounts for the 
purpose of providing relief and rehabilitation assistance to 
the people of Lebanon may be charged to the appropriations 
authorized under this section.
    (e) \470\ * * * [Repealed--1978]

-----------------------------------------------------------------------
    \470\ Subsec. (e), which called for a quarterly report on 
programing and obligation of funds under sec. 495C and had previously 
appeared at this point, was repealed by sec. 502(d)(1) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 959).
---------------------------------------------------------
    Sec. 495D.\471\ Romanian Relief and Rehabilitation.--(a) 
The Congress, recognizing that prompt United States assistance 
is necessary to alleviate the human suffering arising from 
recent earthquakes in Romania, authorizes the President to 
furnish assistance, on such terms and conditions as he may 
determine, for the relief and rehabilitation of refugees and 
other earthquake victims in Romania.

-----------------------------------------------------------------------
    \471\ 22 U.S.C. 2292j. Sec. 495D was added by Public Law 95-21 (91 
Stat. 48).
---------------------------------------------------------
    (b) There are hereby authorized to be appropriated to the 
President for the fiscal year 1977, notwithstanding any other 
provisions of this Act, in addition to amounts otherwise 
available for such purposes, not to exceed $20,000,000, which 
amount is authorized to remain available until expended.\472\

-----------------------------------------------------------------------
    \472\ The FA Appropriations Act, 1978, provided the following:
    ``Sec. 601. For expenses necessary to carry out the provisions of 
section 495D of the Foreign Assistance Act of 1961, as amended, 
$13,000,000 for the fiscal year 1977 for Romanian relief and 
rehabilitation assistance, to remain available until expended.''.
---------------------------------------------------------
    (c) Assistance under this section shall be provided in 
accordance with the policies and general authority contained in 
section 491.
    (d) Obligations incurred prior to the date of enactment of 
this section against other appropriations or accounts for the 
purpose of providing relief and rehabilitation assistance to 
the people of Romania may be charged to the appropriations 
authorized under this section.
    (e) \473\ * * * [Repealed--1981]

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    \473\ Subsec. (e), which had required a quarterly report from the 
President on the programing and obligation of funds under this section, 
was repealed by sec. 734(a)(1) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
---------------------------------------------------------
    (f) Nothing in this section shall be interpreted as 
endorsing any measure undertaken by the Government of Romania 
which would suppress human rights as defined in the Conference 
on Security and Co-operation in Europe (Helsinki) Final Act and 
the United Nations Declaration on Human Rights, or as 
constituting a precedent for or commitment to provide United 
States development assistance to Romania, and the Romanian 
Government shall be so notified when aid is furnished under 
this section.
    Sec. 495E.\474\ Turkey Relief, Rehabilitation, and 
Reconstruction.--The President is requested to use up to 
$10,000,000 of the funds made available under section 492 of 
this Act to provide relief, rehabilitation, and reconstruction 
assistance to the victims of the recent earthquakes in Turkey.

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    \474\ 22 U.S.C. 2292k. Sec. 495E was originally added as sec. 495D 
by sec. 121 of the International Development and Food Assistance Act of 
1977 (Public Law 95-88; 91 Stat. 541). It was redesignated as sec. 495E 
by sec. 119(1) of the International Development and Food Assistance Act 
of 1978 (Public Law 95-424; 92 Stat. 953).
---------------------------------------------------------
    Sec. 495F.\475\ African Rehabilitation and Resettlement.--
(a) The Congress recognizes that United States assistance is 
necessary to help developing countries in Africa meet the 
longer term rehabilitation and resettlement needs of displaced 
persons and other innocent victims of civil strife. Therefore, 
the President is authorized to furnish assistance, on such 
terms and conditions as he may determine, for the longer term 
rehabilitation and resettlement needs of such victims. Funds 
for this purpose should be used to assist African governments 
in providing semipermanent housing, potable water supply 
systems, and sanitary facilities which are generally not 
provided by existing refugee relief agencies.

-----------------------------------------------------------------------
    \475\ 22 U.S.C. 2292l. Sec. 495F, as added by sec. 119(2) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 953), was amended and restated by sec. 405 of the 
International Security and Development Cooperation Act of 1980 (Public 
Law 96-533; 94 Stat. 3150). It formerly read as follows:
    ``Sec. 495F. Assistance to African Refugees.--The President is 
authorized to furnish assistance, on such terms and conditions as he 
may determine, exclusively for the relief and rehabilitation of African 
refugees and other needy people located in Africa. There is authorized 
to be appropriated for the fiscal year 1980 for purposes of this 
section in addition to amounts otherwise available for such purposes, 
$14,920,000, which amount is authorized to remain available until 
expended. Assistance under this section shall be provided in accordance 
with the policies and general authorities contained in section 491.''.
---------------------------------------------------------
    (b) There are authorized to be appropriated to the 
President for the purposes of this section, in addition to 
amounts otherwise available for such purposes, $15,000,000 for 
the fiscal year 1981.\476\ Amounts appropriated under this 
subsection are authorized to remain available until expended.

-----------------------------------------------------------------------
    \476\ Authorizations under sec. 495F during recent years included 
the following: fiscal year 1979--$15,000,000; fiscal year 1980--
$14,920,000.
    During fiscal year 1981, foreign assistance programs operated 
pursuant to a series of continuing resolutions. The last continuing 
resolution in the series (H.J. Res. 644, Public Law 96-536) provided 
(with several exceptions) such amounts as may be necessary for 
continuing projects or activities ``which were conducted in fiscal year 
1980 and would be provided for in H.R. 7854, the Foreign Assistance and 
Related Programs Appropriation Act, 1981, as reported July 29, 1980, at 
a rate of operations not in excess of the rate which would have been 
provided under the terms of the conference report (House Report 96-
787), and in accordance with associated agreements stated in the Joint 
Explanatory Statements of the Committee of Conference, accompanying 
H.R. 4473 * * *'' (this conference report was never approved by 
Congress). H.R. 4473 provided the following: ``Assistance to African 
refugees: For necessary expenses to carry out the provisions of section 
495F, $14,250,000: Provided, That these funds shall be transferred to 
the Office of Refugee Programs of the Department of State for 
obligation and expenditure.''.
---------------------------------------------------------
    (c) Assistance under this section shall be provided in 
accordance with the policies and general authorities contained 
in section 491.
    Sec. 495G.\477\ Special Caribbean Hurricane Relief 
Assistance.--The President is authorized to furnish assistance, 
on such terms and conditions as he may determine, for disaster 
relief and reconstruction in the Caribbean to assist in 
alleviating the human suffering caused by recent hurricanes in 
that region. In addition to amounts otherwise available for 
such purposes, there is authorized to be appropriated for 
purposes of this section $25,000,000 for the fiscal year 1980, 
which amount is authorized to remain available until 
expended.\478\ Assistance under this section shall be provided 
in accordance with the policies and general authorities 
contained in section 491.

-----------------------------------------------------------------------
    \477\ 22 U.S.C. 2292m. Sec. 495G was added by Public Law 96-109 (93 
Stat. 842). Such Act also stated that priority should be given to 
furnishing agricultural commodities under Public Law 480 to this 
hurricane affected area.
    \478\ The Supplemental Appropriation and Rescission Bill, 1980 
(Public Law 96-304; 94 Stat. 873), contained $10 million intended for 
special Caribbean hurricane disaster relief.
---------------------------------------------------------
    Sec. 495H.\479\ Cambodian Disaster Relief Assistance.--(a) 
The Congress recognizes that prompt United States assistance is 
necessary to alleviate the human suffering arising from famine 
and disease in Cambodia. Accordingly, the President is 
authorized to furnish assistance, on such terms and conditions 
as he may determine, for disaster relief to alleviate the 
suffering of the victims of famine and disease in Cambodia. 
Assistance provided under this section shall be for 
humanitarian purposes and limited to the civilian population, 
with emphasis on providing food, medicine and medical care, 
clothing, temporary shelter, transportation for emergency 
supplies and personnel, and similar assistance to save human 
lives.

-----------------------------------------------------------------------
    \479\ 22 U.S.C. 2292n. Sec. 495H was added by sec. 2 of Public Law 
96-110 (93 Stat. 843). Sec. 4 of such Act also required a report from 
the President by Jan. 12, 1980, regarding total costs of the U.S. 
Government and State and local governments of domestic and foreign 
assistance to refugees during fiscal years 1980 and 1981. Subsequently, 
sec. 1011(a)(4) of the Department of State Authorization Act, Fiscal 
Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1061) repealed sec. 4 
of Public Law 96-110.
---------------------------------------------------------
    (b) Assistance provided under this section or any other 
provision of law to alleviate the human suffering caused by 
famine and disease in Cambodia shall be provided, to the 
maximum extent practicable, through international agencies and 
private voluntary organizations such as (among others) the 
World Relief Committee, World Medical Missions, Inc., Cama 
Services, World Vision, Food for the Hungry, Thailand Baptist 
Mission, Catholic Relief Services, Oxfam, and the International 
Rescue Committee.
    (c)(1) In providing assistance under this section, the 
President shall satisfy himself that adequate procedures have 
been established to ensure that such assistance reaches the 
innocent victims of famine and disease for whom it is intended. 
Such procedures shall include end use monitoring of deliveries 
on a periodic basis by individuals having freedom of movement 
where the assistance is being distributed within Cambodia.
    (2) \480\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \480\ Par. (2), which had required a report by the President that 
adequate procedures have been established ensure that the assistance 
provided under this section is reaching the innocent victims of famine 
and disease for whom it is intended, was repealed by sec. 734(1) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1560). Such report was submitted on February 11, 
1980.
---------------------------------------------------------
    (d)(1) In addition to amounts otherwise available for such 
purposes, there is authorized to be appropriated for purposes 
of this section $30,000,000 for the fiscal year 1980, which 
amount is authorized to remain available until expended.\481\

-----------------------------------------------------------------------
    \481\ The Supplemental Appropriation and Rescission Bill, 1980 
(Public Law 96-304; 94 Stat. 873), included $30 million intended for 
Cambodian Disaster Relief Assistance.
---------------------------------------------------------
    (2) Obligations incurred, prior to the enactment of 
appropriations to carry out this section, against other 
appropriations or accounts for the purpose of alleviating the 
human suffering caused by famine and disease in Cambodia may be 
charged to the appropriations authorized by paragraph (1) of 
this subsection.
    (3) The President may exercise the authority of section 
610(a) of this Act (without regard to the 20 percent limitation 
contained in that section on increases in accounts) in order to 
transfer, for use in carrying out this section, up to 
$30,000,000 of the funds made available for the fiscal year 
1980 to carry out other provisions of this Act.
    (4) Priority shall be given in allocating assistance under 
the Agricultural Trade Development and Assistance Act of 1954 
to furnishing agricultural commodities for use in carrying out 
this section.
    (e) Assistance under this section shall be provided in 
accordance with the policies and utilizing the general 
authorities provided in section 491.
    Sec. 495I.\482\ Assistance for Displaced Persons in Central 
America.--(a)(1) The Congress recognizes that prompt United 
States assistance is necessary to help meet the basic human 
needs of persons displaced by strife in El Salvador. Therefore, 
the President is authorized to furnish assistance, on such 
terms and conditions as he may determine, to help alleviate the 
suffering of these displaced persons. Assistance provided under 
this section shall be for humanitarian purposes, with emphasis 
on the provision of food, medicine, medical care, and shelter 
and, where possible, implementation of other relief and 
rehabilitation activities. The Congress encourages the use, 
where appropriate of the services of private and voluntary 
organizations and international relief agencies in the 
provision of assistance under this section.

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    \482\ 22 U.S.C. 2292o. Sec. 495I was added by sec. 504 of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1540).
---------------------------------------------------------
    (2) The Congress understands that the country of Belize has 
expressed interest and willingness in the resettlement in its 
territory of Haitian nationals who desire to settle in Belize. 
Therefore, the President is authorized to furnish assistance, 
on such terms and conditions as he may determine, to assist the 
Government of Belize in the resettlement of Haitian nationals 
in the national territory of Belize.
    (b) There are authorized to be appropriated to the 
President for the purposes of this section, in addition to 
amounts otherwise available for such purposes, $5,000,000 for 
the fiscal year 1982 and $5,000,000 for the fiscal year 
1983.\483\ Amounts appropriated under this section are 
authorized to remain available until expended.

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    \483\ The FA Appropriations Act, 1982, provided that out of the 
$473 million in funds for migration and refugee assistance during 
fiscal year 1982, ``$5,000,000 of this amount shall be used for 
assistance for persons displaced by strife in El Salvador as provided 
in H.R. 3566 as reported May 19, 1981.''. Under the provisions of the 
Further Continuing Appropriations Act, 1983 (Public Law 97-377), which 
continued funding for foreign assistance at the rates and under the 
terms and conditions provided in the FA Appropriations Act, 1982, with 
exceptions, no prior year earmarking of funds under the ``Migration and 
Refugee Assistance'' account would apply.
---------------------------------------------------------
    (c) Assistance under this section shall be provided in 
accordance with the policies and utilizing the general 
authorities provided in section 491.
    Sec. 495J.\484\ Lebanon Emergency Relief, Rehabilitation, 
and Reconstruction Assistance.--(a) The Congress recognizes 
that prompt United States assistance is necessary to alleviate 
the human suffering and resettlement needs of the innocent 
victims of recent strife in Lebanon. Therefore, the President 
is authorized to furnish assistance, on such terms and 
conditions as he may determine, for the relief, rehabilitation, 
and reconstruction needs of such victims. Assistance provided 
under this section shall emphasize the provision of food, 
medicine, clothing, shelter, and water supply systems, and 
similar efforts to ameliorate the suffering of the people in 
Lebanon.

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    \484\ 22 U.S.C. 2292p. Sec. 495J was added by Public Law 97-208 (96 
Stat. 138). The Supplemental Appropriations Act, 1982 (Public Law 97-
257; 96 Stat. 818 at 833), included the following:

                               ``lebanon emergency relief

                                   ``(transfer of funds)

    ``For expenses necessary to carry out the provisions of section 
495J of the Foreign Assistance Act of 1961, $50,000,000 which shall be 
derived by transfer from the Department of State, `Migration and 
Refugee Assistance', to remain available until expended: Provided, That 
of such amount not less than $10,000,000 shall be available only for 
the America University of Beirut.''.
---------------------------------------------------------
    (b) In addition to amounts otherwise available for such 
purpose, there is authorized to be appropriated to the 
President $50,000,000 to carry out this section. Amounts 
appropriated under this subsection are authorized to remain 
available until expended.
    (c) Assistance under this section shall be furnished in 
accordance with the policies and general authorities contained 
in section 491.
    Sec. 495K.\485\ African Famine Assistance.--

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    \485\ 22 U.S.C. 2292q. Sec. 495K was added by sec. 2 of the African 
Relief and Recovery Act of 1985 (Public Law 99-8; 99 Stat. 21).
    The Urgent Supplemental Appropriations, 1985--African Famine Relief 
(Public Law 99-10; 99 Stat. 27), provided the following:
    ``For an additional amount for international disaster assistance, 
$137,500,000 for emergency relief and recovery assistance for Africa, 
to be available only for such purpose and to remain available until 
March 31, 1986 Provided, That the Committee on Appropriations of each 
House of Congress is notified five days in advance of the obligation of 
any funds made available under this paragraph, unless the emergency is 
life threatening and immediate action is necessary.
---------------------------------------------------------

                          ``operating expenses
---------------------------------------------------------
    ``Of the amount appropriated in this Act for `International 
disaster' assistance, $2,500,000 shall be transferred to `Operating 
expenses of the Agency for International Development' to be used for 
monitoring food and disaster assistance in Africa.''.
---------------------------------------------------------
    (a) Authorization of Assistance.--The President is 
authorized to provide assistance for famine relief, 
rehabilitation, and recovery in Africa. Assistance under this 
section shall be provided for humanitarian purposes and shall 
be provided on a grant basis. Such assistance shall include--
          (1) relief, rehabilitation, and recovery projects to 
        benefit the poorest people, including the furnishing of 
        seeds for planting, fertilizer, pesticides, farm 
        implements, farm animals and vaccine and veterinary 
        services to protect livestock upon which people depend, 
        blankets, clothing, and shelter, disease prevention and 
        health care projects, water projects (including water 
        purification and well-drilling), small-scale 
        agricultural projects, and food protection and 
        preservation projects; and
          (2) projects to meet emergency health needs, 
        including vaccinations.
    (b) Uses of Funds.--
          (1) Private and Voluntary Organizations and 
        International Organizations.--Funds authorized to be 
        appropriated by this section shall be used primarily 
        for grants to private and voluntary organizations and 
        international organizations.
          (2) Emergency Health Projects.--A significant portion 
        of the funds authorized to be appropriated by this 
        section shall be used for emergency health projects 
        pursuant to subsection (a)(2).
          (3) Management Support Activities.--Of the amount 
        authorized to be appropriated by this section, 
        $2,500,000 shall be transferred to the ``Operating 
        Expenses of the Agency for International Development'' 
        account. These funds shall be used for management 
        support activities associated with the planning, 
        monitoring, and supervision of emergency food and 
        disaster assistance provided in those countries in 
        Africa described in section 5(a) of the African Famine 
        Relief and Recovery Act of 1985.
    (c) Authorization of Appropriations.--In addition to the 
amounts otherwise available for such purpose, there are 
authorized to be appropriated $137,500,000 for the fiscal year 
1985 for use in providing assistance under this section.
    (d) Policies and Authorities To Be Applied.--Assistance 
under this section shall be furnished in accordance with the 
policies and general authorities contained in section 491.

             Chapter 10--Development Fund for Africa \486\
  Sec. 496.\487\ Long-Term Development Assistance for Sub-
Saharan Africa.--(a) Findings.--The Congress finds that--

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    \486\ Sec. 562(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added chapter 10, secs. 496-497. Previously, chapter 10, 
sec. 496, relating to assistance to Portugal and Portuguese colonies in 
Africa gaining independence, as added by sec. 53 of the Foreign 
Assistance Act of 1974, was repealed by sec. 1211(a)(4) of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 279).
    Sec. 562 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2030), 
further stated:
    ``(b) Evaluations.--It is the sense of the Congress that there 
should be periodic evaluations of the progress of the Agency for 
International Development in achieving the purpose specified in section 
496(c) of the Foreign Assistance Act of 1961.
    ``(c) Reports to Congress.--As part of the annual Congressional 
Presentation materials for economic assistance, the Administrator of 
the Agency for International Development shall include a description of 
the progress made during the previous fiscal year in carrying out 
chapter 10 of part I of the Foreign Assistance Act of 1961 in three 
countries in sub-Saharan Africa which represent differing economic 
situations and levels of progress. The description shall include--
---------------------------------------------------------

          ``(1) the nature and extent of consultation to ensure local 
        perspectives, as described in subsections (e)(1) and (f) of 
        section 496;
          ``(2) the degree of involvement of local people in the 
        implementation of projects having a local focus;
          ``(3) the extent to which there has been expansion of the 
        participation and integration of African women in each of the 
        critical sectors specified in section 496(i);
          ``(4) program assistance provided, including the amounts 
        obligated, the criteria used for assisting reforms, and the 
        provisions made pursuant to section 496(h)(2)(B) to protect 
        vulnerable groups from possible negative consequences of the 
        reforms; and
          ``(5) a description of the assistance for the critical sector 
        priorities specified in section 496(i), by sector, including 
        the amounts obligated.''.
---------------------------------------------------------
    See also the South African Democratic Transition Support Act of 
1993 (Public Law 103-149; 107 Stat. 1503), particularly sec. 5.
    \487\ 22 U.S.C. 2293.
---------------------------------------------------------
          (1) drought and famine have caused countless deaths 
        and untold suffering among the people of sub-Saharan 
        Africa;
          (2) drought and famine in combination with other 
        factors such as desertification, government neglect of 
        the agricultural sector, and inappropriate economic 
        policies have severely affected long-term development 
        in sub-Saharan Africa; and
          (3) the most cost-effective and efficient way of 
        overcoming Africa's vulnerability to drought and famine 
        is to address Africa's long-term development needs 
        through a process that builds upon the needs and 
        capabilities of the African people, promotes sustained 
        and equitable economic growth, preserves the 
        environment, and protects the rights of the individual.
  (b) Authority To Furnish Assistance.--The President is 
authorized to furnish project and program assistance, on such 
terms and conditions as he may determine in accordance with the 
policies contained in this section, for long-term development 
in sub-Saharan Africa.
  (c) Purpose of Assistance.--
          (1) Purpose.--The purpose of assistance under this 
        section shall be to help the poor majority of men and 
        women in sub-Saharan Africa to participate in a process 
        of long-term development through economic growth that 
        is equitable, participatory, environmentally 
        sustainable, and self-reliant.
          (2) Use of assistance to encourage private sector 
        development.--Assistance under this section should, in 
        a manner consistent with paragraph (1), be used to 
        promote sustained economic growth, encourage private 
        sector development, promote individual initiatives, and 
        help to reduce the role of central governments in areas 
        more appropriate for the private sector.
  (d) Application of Development Assistance General Authorities 
and Policies.--Except to the extent inconsistent with this 
section--
          (1) any reference in any law to chapter 1 of this 
        part (including references to sections 103 through 106) 
        shall be deemed to include a reference to this section; 
        and
          (2) assistance under this section shall be provided 
        consistent with the policies contained in section 102.
  (e) Private and Voluntary Organizations.--
          (1) Consultation to ensure local perspectives.--The 
        Agency for International Development shall take into 
        account the local-level perspectives of the rural and 
        urban poor in sub-Saharan Africa, including women, 
        during the planning process for project and program 
        assistance under this section. In order to gain that 
        perspective the Agency for International Development 
        should consult closely with African, United States, and 
        other private and voluntary organizations that have 
        demonstrated effectiveness in or commitment to the 
        promotion of local, grassroots activities on behalf of 
        long-term development in sub-Saharan Africa as 
        described in subsection (c).
          (2) Definition of private and voluntary 
        organizations.--For purposes of this section, the term 
        ``private and voluntary organization'' includes (in 
        addition to entities traditionally considered to be 
        private and voluntary organizations) cooperatives, 
        credit unions, trade unions, women's groups, nonprofit 
        development research institutions, and indigenous local 
        organizations, which are private and nonprofit.
  (f) Local Involvement in Project Implementation.--Local 
people, including women, shall be closely consulted and 
involved in the implementation of every project under this 
section which as a local focus.
  (g) Participation of African Women.--The Agency for 
International Development shall ensure that development 
activities assisted under this section incorporate a 
significant expansion of the participation (including 
decisionmaking) and integration of African women in each of the 
critical sectors described in subsection (i).
  (h) Types of Assistance.--
          (1) Projects and programs to address critical 
        sectoral priorities.--Assistance under this section 
        shall emphasize primarily projects and programs to 
        address critical sectoral priorities for long-term 
        development described in subsection (i).
          (2) Reform of economic policies.--
                  (A) Use of program assistance.--Assistance 
                under this section may also include program 
                assistance to promote reform of sectoral 
                economic policies affecting long-term 
                development in sub-Saharan Africa as described 
                in subsection (c), with primary emphasis on 
                reform of economic policies to support the 
                critical sectoral priorities described in 
                subsection (i).
                  (B) Protection of vulnerable groups.--
                Assisted policy reforms shall also include 
                provisions to protect vulnerable groups 
                (especially poor, isolated, and female farmers, 
                the urban poor, and children including 
                displaced children) and long-term environmental 
                interests from possible negative consequences 
                of the reforms.
          (3) Other assistance.--Funds made available to carry 
        out this section shall be used almost exclusively for 
        assistance in accordance with paragraphs (1) and (2). 
        Assistance consistent with the purpose of subsection 
        (c) may also be furnished under this section to carry 
        out the provisions of sections 103 through 106 of this 
        Act.
  (i) Critical Sectoral Priorities.--The critical sectoral 
priorities for long-term development, as described in 
subsection (c), are the following:
          (1) Agricultural production and natural resources.--
                  (A) Agricultural production.--Increasing 
                agricultural production in ways which protect 
                and restore the natural resource base, 
                especially food production, through 
                agricultural policy changes, agricultural 
                research (including participatory research 
                directly involving small farmers) and 
                extension, development and promotion of 
                agriculture marketing activities, credit 
                facilities, and appropriate production 
                packages, and the construction and improvement 
                of needed production-related infrastructure 
                such as farm-to-market roads, small-scale 
                irrigation, and rural electrification. Within 
                this process, emphasis shall be given to 
                promoting increased equity in rural income 
                distribution, recognizing the role of small 
                farmers.
                  (B) Natural resource base.--Maintaining and 
                restoring the renewable natural resource base 
                primarily in ways which increase agricultural 
                production, through the following:
                          (i) Small-scale, affordable, 
                        resource-conserving, low-risk local 
                        projects, using appropriate 
                        technologies (including traditional 
                        agricultural methods) suited to local 
                        environmental, resource, and climatic 
                        conditions, and featuring close 
                        consultation with and involvement of 
                        local people at all stages of project 
                        design and implementation. Emphasis 
                        shall be given to grants for African 
                        local government organizations, 
                        international or African 
                        nongovernmental organizations, and 
                        United States private and voluntary 
                        organizations.
                          (ii) Support for efforts at national 
                        and regional levels to provide 
                        technical and other support for 
                        projects of the kinds described in 
                        clause (i) and to strengthen the 
                        capacities of African countries to 
                        provide effective extension and other 
                        services in support of environmentally 
                        sustainable increases in food 
                        production.
                          (iii) Support for special training 
                        and education efforts to improve the 
                        capacity of countries in sub-Saharan 
                        Africa to manage their own environments 
                        and natural resources.
                          (iv) Support for low-cost 
                        desalination activities in order to 
                        increase the availability of fresh 
                        water sources in sub-Saharan Africa.
          (2) Health.--Improving health conditions, with 
        special emphasis on meeting the health needs of mothers 
        and children (including displaced children) through the 
        establishment of primary health care systems that give 
        priority to preventive health and that will be 
        ultimately self-sustaining.
          (3) Voluntary family planning services.--Providing 
        increased access to voluntary family planning services, 
        including encouragement of private, community, and 
        local government initiatives.
          (4) Education.--Improving the relevance, equity, and 
        efficiency of education, with special emphasis on 
        improving primary education.
          (5) Income-generating opportunities.--Developing 
        income-generating opportunities for the unemployed and 
        underemployed in urban and rural areas through, among 
        other things, support for off-farm employment 
        opportunities in micro- and small-scale labor-intensive 
        enterprises.
  (j) Minimum Levels of Assistance for Certain Critical 
Sectors.--The Agency for International Development should 
target the equivalent of 10 percent of the amount authorized to 
be appropriated for each fiscal year to carry out this chapter 
for each of the following:
          (1) The activities described in subsection (i)(1)(B), 
        including identifiable components of agricultural 
        production projects.
          (2) The activities described in subsection (i)(2).
          (3) The activities described in subsection (i)(3).
  (k) Effective Use of Assistance.--Assistance provided under 
this section shall be concentrated in countries which will make 
the most effective use of such assistance in order to fulfill 
the purpose specified in subsection (c), especially those 
countries (including those of the Sahel region) having the 
greatest need for outside assistance.
  (l) Promotion of Regional Integration.--Assistance under this 
section shall, to the extent consistent with this section, 
include assistance to promote the regional and subregional 
integration of African production structures, markets, and 
infrastructure.
  (m) Donor Coordination Mechanism.--Funds made available to 
carry out this section may be used to assist the governments of 
countries in sub-Saharan Africa to increase their capacity to 
participate effectively in donor coordination mechanisms at the 
country, regional, and sector levels.
  (n) Relation to Other Authorities.--
          (1) Assistance under other authorities.--The 
        authority granted by this section to provide assistance 
        for long-term development in sub-Saharan Africa is not 
        intended to preclude the use of other authorities for 
        that purpose. Centrally funded programs which benefit 
        sub-Saharan Africa shall continue to be funded under 
        chapter 1 of part I of this Act.
          (2) Transfer authorities.--
                  (A) The transfer authority contained in 
                section 109 of this Act shall not apply with 
                respect to this section.
                  (B) The transfer authority contained in 
                section 610(a) of this Act may not be used to 
                transfer funds made available to carry out this 
                section in order to allow them to be used in 
                carrying out any other provision of this Act.
          (3) Reprogramming notifications.--Section 634A of 
        this Act does not apply with respect to funds made 
        available to carry out this section.
          (4) Procurement of goods and services.--In order to 
        allow the assistance authorized by this section to be 
        furnished as effectively and expeditiously as possible, 
        section 604(a) of this Act, and similar provisions 
        relating to the procurement of goods and services, 
        shall not apply with respect to goods and services 
        procured for use in carrying out this section. The 
        exemption provided by this paragraph shall not be 
        construed to apply to the Comprehensive Anti/Apartheid 
        \488\ Act of 1986.

-----------------------------------------------------------------------
    \488\ Should read ``Anti-Apartheid''.
---------------------------------------------------------
  (o) Support for SADCC Projects.--
          (1) Authority to provide assistance.--To the extent 
        funds are provided for such purpose in the annual 
        Foreign Operations, Export Financing, and Related 
        Programs Appropriations Act, funds made available to 
        carry out this chapter may be used to assist sector 
        projects, in the sectors specified in paragraph (2), 
        that are supported by the Southern Africa Development 
        Coordination Conference (SADCC) to enhance the economic 
        development of the member states forming that regional 
        institution.
          (2) Sectors.--The sectors with respect to which 
        assistance may be provided under this subsection are 
        the following: transportation; manpower development; 
        agriculture and natural resources; energy (including 
        the improved utilization of electrical power sources 
        which already exist in the member states and offer the 
        potential to swiftly reduce the dependence of those 
        states on South Africa for electricity); and industrial 
        development and trade (including private sector 
        initiatives).
          (3) Relation to dfa policies and authorities.--To the 
        maximum extent feasible, the assistance authorized by 
        this subsection shall be provided consistent with the 
        policies and authorities contained in the preceding 
        subsection of this section.
  Sec. 497.\489\ Authorizations of Appropriations for the 
Development Fund for Africa.--Funds appropriated to carry out 
this chapter are authorized to be made available until 
expended. It is the sense of the Congress that the authority of 
this subsection should be used to extend the period of 
availability of those funds whenever appropriate to improve the 
quality of assistance provided under section 496.\490\

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    \489\ 22 U.S.C. 2294.
    \490\ Congress did not enact an authorization for fiscal year 1998. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118), waived the requirements 
for authorization, and title II of that Act (111 Stat. 2388 and 2389) 
provided the following:
---------------------------------------------------------

                 ``agency for international development

               ``child survival and disease programs fund
---------------------------------------------------------
    ``For necessary expenses to carry out the provisions of chapters 1 
and 10 of part I of the Foreign Assistance Act of 1961, for child 
survival, basic education, assistance to combat tropical and other 
diseases, and related activities, in addition to funds otherwise 
available for such purposes, $650,000,000, to remain available until 
expended: Provided, That this amount shall be made available for such 
activities as: (1) immunization programs; (2) oral rehydration 
programs; (3) health and nutrition programs, and related education 
programs, which address the needs of mothers and children; (4) water 
and sanitation programs; (5) assistance for displaced and orphaned 
children; (6) programs for the prevention, treatment, and control of, 
and research on, tuberculosis, HIV/AIDS, polio, malaria and other 
diseases; (7) up to $98,000,000 for basic education programs for 
children; and (8) a contribution on a grant basis to the United Nations 
Children's Fund (UNICEF) pursuant to section 301 of the Foreign 
Assistance Act of 1961.
---------------------------------------------------------

                 ``agency for international development

                        ``development assistance

                    ``(including transfer of funds)
---------------------------------------------------------
    ``For necessary expenses to carry out the provisions of sections 
103 through 106 and chapter 10 of part I of the Foreign Assistance Act 
of 1961, title V of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533) and the provisions of 
section 401 of the Foreign Assistance Act of 1969, $1,210,000,000, to 
remain available until September 30, 1999: * * * Provided further, That 
of the amount appropriated under this heading, up to $14,000,000 may be 
made available for the African Development Foundation and shall be 
apportioned directly to that agency: * * *''.
---------------------------------------------------------

Chapter 11--Support for the Economic and Democratic Development of the 
          Independent States of the Former Soviet Union \491\

SEC. 498.\492\, \493\ ASSISTANCE FOR THE INDEPENDENT STATES.

    The President is authorized to provide assistance to the 
independent states of the former Soviet Union under this 
chapter for the following activities:

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    \491\ Sec. 201 of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3324) added chapter 11, secs. 498-498C.
    \492\ 22 U.S.C. 2295.
    \493\ Section 3(b) of Executive Order 12884 of December 1, 1993 (58 
F.R. 64099; December 3, 1993) delegated to the International 
Development Cooperation Agency those functions conferred upon the 
President in sec. 498. This delegation of authority is subject to the 
authority of the Coordinator (as established in sec. 102 of the FREEDOM 
Support Act; 22 U.S.C. 5812) under sec. 102 of that Act.
---------------------------------------------------------
          (1) Urgent humanitarian needs.--Meeting urgent 
        humanitarian needs (including those arising from the 
        health effects of exposure to radiation in the 
        Chernobyl region), in particular--
                  (A) meeting needs for medicine, medical 
                supplies and equipment, and food, including the 
                nutritional needs of infants such as processed 
                baby food; and
                  (B) continuing efforts to rebuild from the 
                earthquake in Armenia.
          (2) Democracy.--Establishing a democratic and free 
        society by fostering--
                  (A) political, social, and economic 
                pluralism;
                  (B) respect for internationally recognized 
                human rights and the rule of law;
                  (C) the development of institutions of 
                democratic governance, including electoral and 
                legislative processes;
                  (D) the institution and improvement of public 
                administration at the national, 
                intergovernmental, regional, and local level;
                  (E) the development of a free and independent 
                media;
                  (F) the development of effective control by 
                elected civilian officials over, and the 
                development of a nonpolitical officer corps in, 
                the military and security forces; and
                  (G) strengthened administration of justice 
                through programs and activities carried out in 
                accordance with section 498B(e).
          (3) Free market systems.--Creating and developing 
        private enterprise and free market systems based on the 
        principle of private ownership of property, including--
                  (A) the development of private cooperatives, 
                credit unions, and labor unions;
                  (B) the improvement in the collection and 
                analysis of statistical information;
                  (C) the reform and restructuring of banking 
                and financial systems; and
                  (D) the protection of intellectual property.
          (4) Trade and investment.--Creating conditions that 
        promote trade and investment, and encouraging 
        participation of the United States private sector in 
        the development of the private sector in the 
        independent states of the former Soviet Union.
          (5) Food distribution and production.--Promoting 
        market-based mechanisms for the distribution of the 
        inputs necessary to agricultural production and for the 
        handling, marketing, storage, and processing of 
        agricultural commodities; encouraging policies that 
        provide incentives for agricultural production; and 
        creating institutions that provide technical and 
        financial support for the agricultural sector.
          (6) Health and human services.--Promoting programs to 
        strengthen and build institutions that provide quality 
        health care and voluntary family planning services, 
        housing, and other services and policies that are 
        components of a social safety net, particularly for 
        infants, children, and people with disabilities.
          (7) Education and educational television.--Promoting 
        broad-based educational reform at all levels, in 
        particular--
                  (A) by assisting the development of curricula 
                and by making available textbooks, other 
                educational materials, and appropriate 
                telecommunications technologies for the 
                delivery of educational and instructional 
                programming; and
                  (B) by assisting the development of the 
                skills necessary to produce educational 
                television programs aimed at promoting basic 
                skills and the human values associated with a 
                democratic society and a free market economy.
          (8) Energy efficiency and production.--Promoting 
        market-based pricing policies and the transfer of 
        technologies that reduce energy wastage and harmful 
        emissions; supporting developmentally sound capital 
        energy projects that utilize United States advanced 
        coal technologies; and promoting efficient production, 
        use, and transportation of oil, gas, coal, and other 
        sources of energy.
          (9) Civilian nuclear reactor safety.--Implementing--
                  (A) a program of short-term safety upgrade of 
                civilian nuclear power plants, including the 
                training of power plant personnel, 
                implementation of improved procedures for 
                nuclear power plant operation, the development 
                of effective and independent regulatory 
                authorities, and cost-effective hardware 
                upgrades; and
                  (B) a program to retire those civilian 
                nuclear power plants whose capacity could be 
                more cost-effectively replaced through energy 
                efficiency.
          (10) Environment.--Enhancing the human and natural 
        environment and conserving environmental resources, 
        including through--
                  (A) facilitation of the adoption of 
                environmentally-sound policies and 
                technologies, environmental restoration, and 
                sustainable use of natural resources;
                  (B) promotion of the provision of 
                environmental technology, education, and 
                training by United States businesses, not-for-
                profit organizations, and institutions of 
                higher education; and
                  (C) promotion of cooperative research efforts 
                to validate and improve environmental 
                monitoring of protracted radiation exposure.
          (11) Transportation and telecommunications.--
        Improving transportation and telecommunications 
        infrastructure and management, including intermodal 
        transportation systems to ensure the safe and efficient 
        movement of people, products, and materials.
          (12) Drug education, interdiction, and eradication.--
        Promoting drug education, interdiction, and eradication 
        programs.
          (13) Migration.--Protecting and caring for refugees, 
        displaced persons, and other migrants; addressing the 
        root causes of migration; and promoting the development 
        of appropriate immigration and emigration laws and 
        procedures.

SEC. 498A.\494\ CRITERIA FOR ASSISTANCE TO GOVERNMENTS OF THE 
                    INDEPENDENT STATES.

    (a) \495\ In General.--In providing assistance under this 
chapter for the government of any independent state of the 
former Soviet Union, the President shall take into account not 
only relative need but also the extent to which that 
independent state is acting to--

-----------------------------------------------------------------------
    \494\ 22 U.S.C. 2295a. Sec. 907 of the FREEDOM Support Act (Public 
Law 102-511; 106 Stat. 3357) provided the following restriction:
    ``sec. 907. restriction on assistance to azerbaijan.
    ``United States assistance under this or any other Act (other than 
assistance under title V of this Act) may not be provided to the 
Government of Azerbaijan until the President determines, and so reports 
to the Congress, that the Government of Azerbaijan is taking 
demonstrable steps to cease all blockades and other offensive uses of 
force against Armenia and Nagorno-Karabakh.''.
    See also footnote 517, at sec. 498C.
    \495\ Section 2(c) of Executive Order 12884 of December 1, 1993 (58 
F.R. 64099; December 3, 1993) delegated to the Coordinator (as 
established in sec. 102 of the FREEDOM Support Act; 22 U.S.C. 5812) 
those functions conferred upon the President in sections 498A(a), 
498B(c) and 498B(g).
---------------------------------------------------------
          (1) make significant progress toward, and is 
        committed to the comprehensive implementation of, a 
        democratic system based on principles of the rule of 
        law, individual freedoms, and representative government 
        determined by free and fair elections;
          (2) make significant progress in, and is committed to 
        the comprehensive implementation of, economic reform 
        based on market principles, private ownership, and 
        integration into the world economy, including 
        implementation of the legal and policy frameworks 
        necessary for such reform (including protection of 
        intellectual property and respect for contracts);
          (3) respect internationally recognized human rights, 
        including the rights of minorities and the rights to 
        freedom of religion and emigration;
          (4) respect international law and obligations and 
        adhere to the Helsinki Final Act of the Conference on 
        Security and Cooperation in Europe and the Charter of 
        Paris, including the obligations to refrain from the 
        threat or use of force and to settle disputes 
        peacefully;
          (5) cooperate in seeking peaceful resolution of 
        ethnic and regional conflicts;
          (6) implement responsible security policies, 
        including--
                  (A) adhering to arms control obligations 
                derived from agreements signed by the former 
                Soviet Union;
                  (B) reducing military forces and expenditures 
                to a level consistent with legitimate defense 
                requirements;
                  (C) not proliferating nuclear, biological, or 
                chemical weapons, their delivery systems, or 
                related technologies; and
                  (D) restraining conventional weapons 
                transfers;
          (7) take constructive actions to protect the 
        international environment, prevent significant 
        transborder pollution, and promote sustainable use of 
        natural resources;
          (8) deny support for acts of international terrorism;
          (9) accept responsibility for paying an equitable 
        portion of the indebtedness to United States firms 
        incurred by the former Soviet Union;
          (10) cooperate with the United States Government in 
        uncovering all evidence regarding Americans listed as 
        prisoners-of-war, or otherwise missing during American 
        operations, who were detained in the former Soviet 
        Union during the Cold War; and
          (11) terminate support for the communist regime in 
        Cuba, including removal of troops, closing military and 
        intelligence facilities, including the military and 
        intelligence facilities at Lourdes and Cienfuegos,\496\ 
        and ceasing trade subsidies and economic, nuclear, and 
        other assistance.

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    \496\ Sec. 106(b) of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 795) struck out 
``of military facilities'' and inserted in lieu thereof ``military and 
intelligence facilities, including the military and intelligence 
facilities at Lourdes and Cienfuegos''.
    Sec. 111(b) of that Act (110 Stat. 802) further provided that 
``Notwithstanding any other provision of law, the President shall 
withhold from assistance allocated on or after [March 12, 1996], for 
any country an amount equal to the sum of assistance and credits, if 
any, provided on or after [March 12, 1996] by that country or any 
entity in that country in support of the completion of the Cuban 
nuclear facility at Juragua, near Cienfuegos, Cuba.''.
---------------------------------------------------------
    (b) \497\, \498\ Ineligibility for Assistance.--
The President shall not provide assistance under this chapter--

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    \497\ Section 1(a)(2) of Executive Order 12884 of December 1, 1993 
(58 F.R. 64099; December 3, 1993), as amended, delegated to the 
Secretary of State those functions conferred upon the President in 
paragraphs (1), (2), (3), and (5) of sec. 498A(b).
    See also in the Foreign Assistance Appropriations, 1998: sec. 577 
(111 Stat. 2433)--to prohibit foreign assistance to the Government of 
Russia should it implement laws which would discriminate against 
minority religious faiths in the Russian Federation.
    \498\ On August 7, 1996, the State Department issued Public Notice 
2306, stating that ``the Secretary of State has made a determination 
pursuant to Section 498A of the Foreign Assistance Act of 1961, as 
amended, and has concluded that publication of the determination would 
be harmful to the national security of the United States.''. (61 F.R. 
10056)
---------------------------------------------------------
          (1) for the government of any independent state that 
        the President determines is engaged in a consistent 
        pattern of gross violations of internationally 
        recognized human rights or of international law;
          (2) for the government of any independent state that 
        the President determines has failed to take 
        constructive actions to facilitate the effective 
        implementation of applicable arms control obligations 
        derived from agreements signed by the former Soviet 
        Union;
          (3) for the government of any independent state that 
        the President determines has, on or after the date of 
        enactment of this chapter, knowingly transferred to 
        another country--
                  (A) missiles or missile technology 
                inconsistent with the guidelines and parameters 
                of the Missile Technology Control Regime; or
                  (B) any material, equipment, or technology 
                that would contribute significantly to the 
                ability of such country to manufacture any 
                weapon of mass destruction (including nuclear, 
                chemical, and biological weapons) if the 
                President determines that the material, 
                equipment, or technology was to be used by such 
                country in the manufacture of such weapon;
          (4) for the government of any independent state that 
        is prohibited from receiving such assistance by section 
        101 or 102 of the Arms Export Control Act \499\ or 
        sections 306(a)(1) and 307 of the Chemical and 
        Biological Weapons Control and Warfare Elimination Act 
        of 1991; \500\, \501\

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    \499\ Formerly referred to section 669 or 670 of this Act. Sec. 
826(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 
and 1995 (Public Law 103-236; 108 Stat. 519), repealed those two 
sections, and sec. 826(c) of that Act stated that ``Any reference in 
law as of the date of enactment of this Act [April 30, 1994] to section 
669 or 670 of the Foreign Assistance Act of 1961 shall, after such 
date, be deemed to be a reference to section 101 or 102, as the case 
may be, of the Arms Export Control Act.''.
    \500\ For text of the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991, see Legislation on Foreign Relations 
Through 1997, vol. II, sec. F.
    \501\ Sec. 106(c)(1) of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 796) struck out 
``or'' at the end of para. (4); redesignated para. (5) as para. (6); 
and added a new para. (5).
---------------------------------------------------------
          (5) \501\ for the government of any independent state 
        effective 30 days after the President has determined 
        and certified to the appropriate congressional 
        committees (and Congress has not enacted legislation 
        disapproving the determination within that 30-day 
        period) that such government is providing assistance 
        for, or engaging in nonmarket based trade (as defined 
        in section 498B(k)(3)) with, the Cuban Government; or
          (6) \501\ for the Government of Russia if it has 
        failed to make significant progress on the removal of 
        Russian or Commonwealth of Independent States troops 
        from Estonia, Latvia, and Lithuania or if it has failed 
        to undertake good faith efforts, such as negotiations, 
        to end other military practices that violate the 
        sovereignty of the Baltic states.
  (c) \498\ Exceptions to Ineligibility.--Assistance prohibited 
by subsection (b) or any similar provision of law, other than 
assistance prohibited by the provisions referred to in 
subsection (b)(4), may be furnished under any of the following 
circumstances:
          (1) \502\ The President determines that furnishing 
        such assistance is important to the national interest 
        of the United States.

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    \502\ Section 1(a)(3) of Executive Order 12884 of December 1, 1993 
(58 F.R. 64099; December 3, 1993) delegated to the Secretary of State 
those functions conferred upon the President in paragraph (1) of 
``section 498A(C)'', ``and the requirement to make reports under that 
section regarding determinations under that paragraph''. As there is no 
such designation in the Foreign Assistance Act, the Executive Order is 
probably referring to sec. 498A(c).
---------------------------------------------------------
          (2) \503\ The President determines that furnishing 
        such assistance will foster respect for internationally 
        recognized human rights and the rule of law or the 
        development of institutions of democratic governance.

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    \503\ Section 2(d) of Executive Order 12884 of December 1, 1993 (58 
F.R. 64099; December 3, 1993) delegated to the Coordinator (as 
established in sec. 102 of the FREEDOM Support Act; 22 U.S.C. 5812) 
those functions conferred upon the President in paragraph (2) of sec. 
498A(c), and the requirement to make reports under that section 
regarding determinations under that paragraph.
---------------------------------------------------------
          (3) \504\ The assistance is furnished for the 
        alleviation of suffering resulting from a natural or 
        man-made disaster.

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    \504\ Section 3(c) of Executive Order 12884 of December 1, 1993 (58 
F.R. 64099; December 3, 1993) delegated to the International 
Development Cooperation Agency those functions conferred upon the 
President in paragraph (3) of sec. 498A(c), and the requirement to make 
reports under that section regarding determinations under that 
paragraph. This delegation of authority is subject to the authority of 
the Coordinator (as established in sec. 102 of the FREEDOM Support Act; 
22 U.S.C. 5812) under sec. 102 of that Act.
---------------------------------------------------------
          (4) \505\ The assistance is provided under the 
        secondary school exchange program administered by the 
        United States Information Agency.

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    \505\ Sec. 106(c)(3) of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 796) added para. 
(4).
---------------------------------------------------------
The President shall immediately report to the Congress any 
determination under paragraph (1) or (2) or any decision to 
provide assistance under paragraph (3).
    (d) \506\ Reduction in Assistance for Support of 
Intelligence Facilities in Cuba.--

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    \506\ Sec. 106(d)(2) of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 797) added 
subsec. (d). Sec. 106(d)(1) of that Act further provided the following:
    ``(d) facilities at lourdes, cuba.--
---------------------------------------------------------

          ``(1) disapproval of credits.--The Congress expresses its 
        strong disapproval of the extension by Russia of credits 
        equivalent to $200,000,000 in support of the intelligence 
        facility at Lourdes, Cuba, in November 1994.''.
          (1) Reduction in assistance.--Notwithstanding any 
        other provision of law, the President shall withhold 
        from assistance provided, on or after the date of the 
        enactment of this subsection, for an independent state 
        of the former Soviet Union under this Act an amount 
        equal to the sum of assistance and credits, if any, 
        provided on or after such date by such state in support 
        of intelligence facilities in Cuba, including the 
        intelligence facility at Lourdes, Cuba.
          (2) Waiver.--(A) The President may waive the 
        requirement of paragraph (1) to withhold assistance if 
        the President certifies to the appropriate 
        congressional committees that the provision of such 
        assistance is important to the national security of the 
        United States, and, in the case of such a certification 
        made with respect to Russia, if the President certifies 
        that the Russian Government has assured the United 
        States Government that the Russian Government is not 
        sharing intelligence data collected at the Lourdes 
        facility with officials or agents of the Cuban 
        Government.
          (B) At the time of a certification made with respect 
        to Russia under subparagraph (A), the President shall 
        also submit to the appropriate congressional committees 
        a report describing the intelligence activities of 
        Russia in Cuba, including the purposes for which the 
        Lourdes facility is used by the Russian Government and 
        the extent to which the Russian Government provides 
        payment or government credits to the Cuban Government 
        for the continued use of the Lourdes facility.
          (C) The report required by subparagraph (B) may be 
        submitted in classified form.
          (D) For purposes of this paragraph, the term 
        ``appropriate congressional committees'' includes the 
        Permanent Select Committee on Intelligence of the House 
        of Representatives and the Select Committee on 
        Intelligence of the Senate.
          (3) Exceptions to reductions in assistance.--The 
        requirement of paragraph (1) to withhold assistance 
        shall not apply with respect to--
                  (A) assistance to meet urgent humanitarian 
                needs, including disaster and refugee relief;
                  (B) democratic political reform or rule of 
                law activities;
                  (C) technical assistance for safety upgrades 
                of civilian nuclear power plants;
                  (D) the creation of private sector or 
                nongovernmental organizations that are 
                independent of government control;
                  (E) the development of a free market economic 
                system;
                  (F) assistance under the secondary school 
                exchange program administered by the United 
                States Information Agency; or
                  (G) assistance for the purposes described in 
                the Cooperative Threat Reduction Act of 1993 
                (title XII of Public Law 103-160).

SEC. 498B.\507\ AUTHORITIES RELATING TO ASSISTANCE AND OTHER 
                    PROVISIONS.

    (a) Assistance Through Governments and Nongovernmental 
Organizations.--Assistance under this chapter may be provided 
to governments or through nongovernmental organizations.

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    \507\ 22 U.S.C. 2295b.
---------------------------------------------------------
  (b) Technical and Managerial Assistance.--Technical 
assistance under this chapter shall, to the maximum extent 
feasible, be provided on a long term, on-site basis and shall 
emphasize the provision of practical, management and other 
problem-solving advice, particularly advice on private 
enterprise provided by United States business volunteers.
  (c) \495\ Enterprise Funds.--Activities supported pursuant to 
this chapter may include the establishment of and the provision 
of support for one or more enterprise funds for the independent 
states of the former Soviet Union. If the President determines 
\508\ that an enterprise fund should be established and 
supported under this chapter, the provisions contained in 
section 201 of the Support for East European Democracy (SEED) 
Act of 1989 (excluding the authorizations of appropriations 
provided in subsection (b) of that section) shall be deemed to 
apply with respect to such enterprise fund and to funds made 
available to such enterprise fund pursuant to this chapter.

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    \508\ In Department of State Public Notice 1926 of December 10, 
1993, the Coordinator of U.S. Assistance to the New Independent States 
determined that the following enterprise funds should be established 
and supported under chapter 11 of part I of the Act: (1) The Russian-
American Enterprise Fund, (2) The Fund for Large Enterprise 
Restructuring, and (3) The Central Asia Regional Enterprise Fund (58 
F.R. 69441). Department of State Public Notice 1976 of March 23, 1994, 
determined that the Western NIS Enterprise Fund should be established 
and supported under chapter 11 of part I (59 F.R. 16255). Department of 
State Public Notice 2228 of June 23, 1995, determined that the U.S. 
Russia Investment Fund should be established and supported under 
chapter 11 of part I (61 F.R. 36176).
---------------------------------------------------------
  (d) Cooperative Development and Research Projects.--
Assistance under this chapter may include support for 
cooperative development projects, including cooperative 
development research projects, among the United States, other 
countries, and independent states of the former Soviet Union.
  (e) Administration of Justice Programs.--In order to 
strengthen the administration of justice in the independent 
states of the former Soviet Union under paragraph (2)(G) of 
section 498, the President may exercise the same authorities as 
are available under section 534 of this Act, subject to the 
limitations and requirements of that section, other than 
subsection (c) and the last two sentences of subsection (e).
  (f) Use of Economic Support Funds.--Any funds that have been 
allocated under chapter 4 of part II for assistance for the 
independent states of the former Soviet Union may be used in 
accordance with the provisions of this chapter.
  (g) \495\ Use of SEED Agency Funds and Administrative 
Authorities.--The President may authorize any agency of the 
United States Government that has authority to conduct 
activities under the Support for East European Democracy (SEED) 
Act of 1989 to use--
          (1) any funds that are available to it for activities 
        related to international affairs outside Eastern 
        Europe, and
          (2) any administrative authorities that are available 
        to it for activities with respect to Eastern Europe,
to conduct activities authorized by section 498 with respect to 
the independent states of the former Soviet Union.
  (h) \509\ Procurement Restrictions.--Funds made available for 
assistance under this chapter may be used for procurement--

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    \509\ Section 5(a) of Executive Order 12884 of December 1, 1993 (58 
F.R. 64099; December 3, 1993) delegated to the head of the agency that 
is responsible for administering relevant programs or activities those 
functions conferred upon the President in sections 498B(h) and 498B(i). 
This delegation of authority is subject to the authority of the 
Coordinator (as established in sec. 102 of the FREEDOM Support Act; 22 
U.S.C. 5812) under sec. 102 of that Act.
---------------------------------------------------------
          (1) in the United States, the independent states of 
        the former Soviet Union, or a developing country; or
          (2) in any other country but only if--
                  (A) the provision of such assistance requires 
                commodities or services of a type that are not 
                produced in and available for purchase in any 
                country specified in paragraph (1); or
                  (B) 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 paragraph (1), 
                        or
                          (ii) to promote efficiency in the use 
                        of United States foreign assistance 
                        resources, including to avoid 
                        impairment of foreign assistance 
                        objectives.
  (i) Terms and Conditions.--Assistance under this chapter 
shall be provided on such terms and conditions as the President 
may determine, consistent with applicable provisions of law 
(except as otherwise provided in subsection (j)).
  (j) Waiver of Certain Provisions.--
          (1) In general.--Funds authorized to be appropriated 
        for fiscal year 1993 by this chapter, and any other 
        funds appropriated for fiscal year 1993 that are used 
        under the authority of subsection (f) or (g), may be 
        used to provide assistance under this chapter 
        notwithstanding any other provision of law, except 
        for--
                  (A) this chapter;
                  (B) section 634A of this Act and comparable 
                notification requirements contained in sections 
                of the annual foreign operations, export 
                financing, and related programs Act;
                  (C) sections 101 and 102 of the Arms Export 
                Control Act \510\ and sections 306 and 307 of 
                the Chemical and Biological Weapons Control and 
                Warfare Elimination Act of 1961,\511\ to the 
                extent that they apply to assistance to 
                governments; and

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    \510\ Formerly referred to sections 669 and 670 of this Act. Sec. 
826(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 
and 1995 (Public Law 103-236; 108 Stat. 519) repealed those two 
sections, and sec. 826(c) of that Act stated that ``Any reference in 
law as of the date of enactment of this Act [April 30, 1994] to section 
669 or 670 of the Foreign Assistance Act of 1961 shall, after such 
date, be deemed to be a reference to section 101 or 102 , as the case 
may be, of the Arms Export Control Act.
    \511\ So in original. Should read ``1991''. Sec. 306 (22 U.S.C. 
5604) and sec. 307 (22 U.S.C. 5605) may be found in Legislation on 
Foreign Relations Through 1997, vol. II, sec. F.
---------------------------------------------------------
                  (D) section 1341 of title 31, United States 
                Code (commonly referred to as the ``Anti-
                Deficiency Act''), 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.\512\

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    \512\ Public Law 97-258 (96 Stat. 877 at 923), Public Law 93-344 
(88 Stat. 297), Public Law 99-177 (99 Stat. 1037), and title XIII of 
Public Law 101-508 (104 Stat. 1388-573), respectively.
---------------------------------------------------------
          (2) Nuclear reactor safety and related activities.--
        Any provision that corresponds to section 510 of the 
        Foreign Operations, Export Financing, and Related 
        Programs Appropriations Act, 1991 (relating to the 
        prohibition on financing exports of nuclear equipment, 
        fuel, and technology) \513\ shall not apply with 
        respect to funds used pursuant to this chapter.

-----------------------------------------------------------------------
    \513\ Sec. 510 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2003), is restated currently by sec. 506 of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1998 (Public Law 105-118; 111 Stat. 2406).
---------------------------------------------------------
  (k) Definitions.--
          (1) Appropriate congressional committees.--As used in 
        this chapter, the term ``appropriate congressional 
        committees'' means the Committee on Foreign Affairs 
        \514\ and the Committee on Appropriations of the House 
        of Representatives and the Committee on Foreign 
        Relations and the Committee on Appropriations of the 
        Senate.

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    \514\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------
          (2) Independent states of the former soviet union.--
        As used in this chapter, the terms ``independent states 
        of the former Soviet Union'' and ``independent states'' 
        have the meaning given those terms by section 3 of the 
        Freedom for Russia and Emerging Eurasian Democracies 
        and Open Markets Support Act of 1992.
          (3) \515\ Nonmarket based trade.--As used in section 
        498A(b)(5), the term ``nonmarket based trade'' includes 
        exports, imports, exchanges, or other arrangements that 
        are provided for goods and services (including oil and 
        other petroleum products) on terms more favorable than 
        those generally available in applicable markets or for 
        comparable commodities, including--

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    \515\ Sec. 106(c)(2) of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 796) added para. 
(3).
---------------------------------------------------------
                  (A) exports to the Cuban Government on terms 
                that involve a grant, concessional price, 
                guaranty, insurance, or subsidy;
                  (B) imports from the Cuban Government at 
                preferential tariff rates;
                  (C) exchange arrangements that include 
                advance delivery of commodities, arrangements 
                in which the Cuban Government is not held 
                accountable for unfulfilled exchange contracts, 
                and arrangements under which Cuba does not pay 
                appropriate transportation, insurance, or 
                finance costs; and
                  (D) the exchange, reduction, or forgiveness 
                of debt of the Cuban Government in return for a 
                grant by the Cuban Government of an equity 
                interest in a property, investment, or 
                operation of the Cuban Government or of a Cuban 
                national.
          (4) Cuban government.--(A) The term ``Cuban 
        Government'' includes the government of any political 
        subdivision of Cuba, and any agency or instrumentality 
        of the Government of Cuba.
          (B) For purposes of subparagraph (A), the term 
        ``agency or instrumentality of the Government of Cuba'' 
        means an agency or instrumentality of a foreign state 
        as defined in section 1603(b) of title 28, United 
        States Code, with each reference in such section to ``a 
        foreign state'' deemed to be a reference to ``Cuba''.

SEC. 498C.\516\ AUTHORIZATION OF APPROPRIATIONS.

    (a) In general.--To carry out this chapter, there are 
authorized to be appropriated to the President for fiscal year 
1993 $410,000,000, in addition to amounts otherwise available 
for assistance for the independent states of the former Soviet 
Union. Amounts appropriated pursuant to this subsection are 
authorized to remain available until expended.\517\

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    \516\ 22 U.S.C. 2295c.
    \517\ Congress did not enact an authorization for fiscal year 1998. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118), waived the requirements 
for authorization, and titles II and III of that Act (111 Stat. 2395, 
2399) provided the following:
---------------------------------------------------------

 ``assistance for the new independent states of the former soviet union
---------------------------------------------------------
    ``(a) For necessary expenses to carry out the provisions of chapter 
11 of part I of the Foreign Assistance Act of 1961 and the FREEDOM 
Support Act, for assistance for the new independent states of the 
former Soviet Union and for related programs, $770,000,000, to remain 
available until September 30, 1999: Provided, That the provisions of 
such chapter shall apply to funds appropriated by this paragraph.
    ``(b) None of the funds appropriated under this heading shall be 
made available to the Government of Russia--
---------------------------------------------------------

          ``(1) unless that government is making progress in 
        implementing comprehensive economic reforms based on market 
        principles, private ownership, negotiating repayment of 
        commercial debt, respect for commercial contracts, and 
        equitable treatment of foreign private investment;
          ``(2) if that government applies or transfers United States 
        assistance to any entity for the purpose of expropriating or 
        seizing ownership or control of assets, investments, or 
        ventures; and
          ``(3) funds may be furnished without regard to this 
        subsection if the President determines that to do so is in the 
        national interest.
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    ``(c) None of the funds appropriated under this heading shall be 
made available to any government of the new independent states of the 
former Soviet Union if that government directs any action in violation 
of the territorial integrity or national sovereignty of any other new 
independent state, such as those violations included in the Helsinki 
Final Act: Provided, That such funds may be made available without 
regard to the restriction in this subsection if the President 
determines that to do so is in the national security interest of the 
United States: Provided further, That the restriction of this 
subsection shall not apply to the use of such funds for the provision 
of assistance for purposes of humanitarian and refugee relief.
    ``(d) None of the funds appropriated under this heading for the new 
independent states of the former Soviet Union shall be made available 
for any state to enhance its military capability: Provided, That this 
restriction does not apply to demilitarization, demining, or 
nonproliferation programs.
    ``(e) Funds appropriated under this heading shall be subject to the 
regular notification procedures of the Committees on Appropriations.
    ``(f) Funds made available in this Act for assistance to the new 
independent states of the former Soviet Union shall be subject to the 
provisions of section 117 (relating to environment and natural 
resources) of the Foreign Assistance Act of 1961.
    ``(g) Funds appropriated under title II of this Act, including 
funds appropriated under this heading, may be made available for 
assistance for Mongolia: Provided, That funds made available for 
assistance for Mongolia may be made available in accordance with the 
purposes and utilizing the authorities provided in chapter 11 of part I 
of the Foreign Assistance Act of 1961.
    ``(h) In issuing new task orders, entering into contracts, or 
making grants, with funds appropriated under this heading or in prior 
appropriations Acts, for projects or activities that have as one of 
their primary purposes the fostering of private sector development, the 
Coordinator for United States Assistance to the New Independent States 
and the implementing agency shall encourage the participation of and 
give significant weight to contractors and grantees who propose 
investing a significant amount of their own resources (including 
volunteer services and in-kind contributions) in such projects and 
activities.
    ``(i) Funds appropriated under this heading or in prior 
appropriations Acts that are or have been made available for an 
Enterprise Fund may be deposited by such Fund in interest-bearing 
accounts prior to the disbursement of such funds by the Fund for 
program purposes. The Fund may retain for such program proposes any 
interest earned on such deposits without returning such interest to the 
Treasury of the United States and without further appropriation by the 
Congress. Funds made available for Enterprise Funds shall be expended 
at the minimum rate necessary to make timely payment for projects and 
activities.
    ``(j)(1) Of the funds appropriated under this heading that are 
allocated for assistance for the Government of Russia, 50 percent shall 
be withheld from obligation until the President determines and 
certifies in writing to the Committees on Appropriations that the 
Government of Russia has terminated implementation of arrangements to 
provide Iran with technical expertise, training, technology, or 
equipment necessary to develop a nuclear reactor, related nuclear 
research facilities or programs, or ballistic missile capability.
    ``(2) Notwithstanding paragraph (1) assistance may be provided for 
the Government of Russia if the President determines and certifies to 
the Committees on Appropriations that making such funds available: (A) 
is vital to the national security interest of the United States; and 
(B) that the Government of Russia is taking meaningful steps to limit 
major supply contracts and to curtail the transfer of technology and 
technological expertise related to activities referred to in paragraph 
(1).
    ``(k) Of the funds appropriated under this heading, not less than 
$225,000,000 shall be made available for Ukraine, which sum shall be 
provided with the understanding that Ukraine will undertake significant 
economic reforms which are additional to those which were undertaken in 
the previous fiscal year: Provided, That 50 percent of the amount made 
available in this subsection, exclusive of funds made available for 
election related initiatives and nuclear reactor safety activities, 
shall be withheld from obligation and expenditure until the Secretary 
of State determines and certifies no later than April 30, 1998, that 
the Government of Ukraine has made significant progress toward 
resolving complaints made by United States investors to the United 
States embassy prior to April 30, 1997: Provided further, That funds 
made available under this subsection, and funds appropriated for 
Ukraine in the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1997 as contained in Public Law 104-208 
shall be made available to complete the preparation of safety analysis 
reports at each nuclear reactor in Ukraine over the next three years.
    ``(l) Of the funds appropriated under this heading, not less than 
$250,000,000 shall be made available for assistance for the Southern 
Caucasus region: Provided, That of the funds provided under this 
subsection 37 percent shall be made available for Georgia and 35 
percent shall be made available for Armenia: Provided further, That of 
the funds made available for the Southern Caucasus region, 28 percent 
should be used for reconstruction and remedial activities relating to 
the consequences of conflicts within the region, especially those in 
the vicinity of Abkhazia and Nagorno-Karabakh: Provided further, That 
if the Secretary of State after May 30, 1998, determines and reports to 
the relevant committees of Congress that the full amount of 
reconstruction and remedial funds that may be made available under the 
previous proviso cannot be effectively utilized, up to 62.5 percent of 
the amount provided under the previous proviso for reconstruction and 
remediation may be used for other purposes under this heading.
    ``(m) Funds provided under the previous subsection shall be made 
available for humanitarian assistance for refugees, displaced persons, 
and needy civilians affected by the conflicts in the Southern Caucasus 
region, including those in the vicinity of Abkhazia and Nagorno-
Karabakh, notwithstanding any other provision of this or any other Act.
    ``(n) Funds made available under this Act or any other Act may not 
be provided for assistance to the Government of Azerbaijan until the 
President determines, and so reports to the Congress, that the 
Government of Azerbaijan is taking demonstrable steps to cease all 
blockades against Armenia and Nagorno-Karabakh: Provided, That the 
restriction of this subsection and section 907 of the FREEDOM Support 
Act shall not apply to--
---------------------------------------------------------

          ``(1) activities to support democracy or assistance under 
        title V of the FREEDOM Support Act and section 1424 of Public 
        Law 104-201;
          ``(2) any assistance provided by the Trade and Development 
        Agency under section 661 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2421); and
          ``(3) any activity carried out by a member of the United 
        States and Foreign Commercial Service while acting within his 
        or her official capacity.
---------------------------------------------------------
    ``(o) None of the funds appropriated under this heading or in prior 
appropriations legislation may be made available to establish a joint 
public-private entity or organization engaged in the management of 
activities or projects supported by the Defense Enterprise Fund.
---------------------------------------------------------
          * * * * * * *

   ``nonproliferation, anti-terrorism, demining and related programs
---------------------------------------------------------
    ``For necessary expenses for nonproliferation, anti-terrorism and 
related programs and activities, $133,000,000, to carry out the 
provisions of chapter 8 of part II of the Foreign Assistance Act of 
1961 for anti-terrorism assistance, section 504 of the FREEDOM Support 
Act for the Nonproliferation and Disarmament Fund, section 23 of the 
Arms Export Control Act or the Foreign Assistance Act of 1961 for 
demining, the clearance of unexploded ordnance, and related activities, 
notwithstanding any other provision of law, including activities 
implemented through nongovernmental and international organizations, 
section 301 of the Foreign Assistance Act of 1961 for a voluntary 
contribution to the International Atomic Energy Agency (IAEA) and a 
voluntary contribution to the Korean Peninsula Energy Development 
Organization (KEDO): Provided, That of this amount not to exceed 
$15,000,000, to remain available until expended, may be made available 
for the Nonproliferation and Disarmament Fund, notwithstanding any 
other provision of law, to promote bilateral and multilateral 
activities relating to nonproliferation and disarmament: Provided 
further, That such funds may also be used for such countries other than 
the new independent states of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so: * * *.''.
    See also the FREEDOM Support Act (Public Law 102-511; 106 Stat. 
3320), in Legislation on Foreign Relations Through 1997, vol. I-B.
---------------------------------------------------------
    (b) Operating expenses.--
          (1) Authority to transfer program funds.--Subject to 
        paragraph (2), funds made available under subsection 
        (a) may be transferred to, and merged with, funds 
        appropriated for ``Operating Expenses of the Agency for 
        International Development''. Funds so transferred may 
        be expended for administrative costs in carrying out 
        this chapter, including reimbursement of the Department 
        of State for its incremental costs associated with 
        assistance provided under this chapter.
          (2) \518\ Limitation on amount transferred.--Not more 
        than 2 percent of the funds made available for a fiscal 
        year under subsection (a) may be transferred pursuant 
        to paragraph (1) unless, at least 15 days before 
        transferring any additional amount, the President 
        notifies the appropriate congressional committees in 
        accordance with the procedures applicable to 
        reprogramming notifications under section 634A of this 
        Act.

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    \518\ Section 3(b) of Executive Order 12884 of December 1, 1993 (58 
F.R. 64099; December 3, 1993), delegated to the International 
Development Cooperation Agency those functions conferred upon the 
President in section 498C(b)(2). This delegation of authority is 
subject to the authority of the Coordinator (as established in sec. 102 
of the FREEDOM Support Act; 22 U.S.C. 5812) under sec. 102 of that Act.
---------------------------------------------------------

                             PART II \519\

                        Chapter 1--Policy \520\

    Sec. 501.\521\ Statement of Policy.--The Congress of the 
United States reaffirms the policy of the United States to 
achieve international peace and security through the United 
Nations so that armed force shall not be used except for 
individual or collective self-defense. The Congress hereby 
finds that the efforts of the United States and other friendly 
countries to promote peace and security continue to require 
measures of support based upon the principle of effective self-
help and mutual aid. It is the purpose of this part to 
authorize measures in the common defense against internal and 
external aggression, including the furnishing of military 
assistance, upon request, to friendly countries and 
international organizations. In furnishing such military 
assistance, it remains the policy of the United States to 
continue to exert maximum efforts to achieve universal control 
of weapons of mass destruction and universal regulation and 
reduction of armaments, including armed forces, under adequate 
safeguards to protect complying countries against violation and 
invasion.

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    \519\ Sec. 594(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 
Stat. 1692), inserted a chapter 12 at the end of Part I, preceding this 
note, to provide for the Enterprise for the Americas Initiative. Sec. 
602(b) of the Jobs Through Exports Act of 1992 (Public Law 102-549; 106 
Stat. 3669), struck out this amendment, however, and inserted ``Part 
IV--Enterprise for the Americas Initiative'' beginning at sec. 701 of 
this Act.
    \520\ Sec. 201(a) of the FA Act of 1963 struck out the words 
``Short Title and'' in the chapter heading which formerly read ``Short 
Title and Policy''.
    \521\ 22 U.S.C. 2301. Former sec. 502 was designated sec. 501 by 
sec. 201(a)(1) of the FA Act of 1967. Former sec. 501, which related to 
the short title, was repealed by sec. 201(b) of the FA Act of 1963.
---------------------------------------------------------
    The Congress recognizes that the peace of the world and the 
security of the United States are endangered so long as hostile 
countries \522\ continue by threat of military action, by the 
use of economic pressure, and by internal subversion, or other 
means to attempt to bring under their domination peoples now 
free and independent and continue to deny the rights of freedom 
and self-government to peoples and countries once free but now 
subject to such domination.

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    \522\ Sec. 705(1)(A) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2317) struck out ``international communism and the countries it 
controls'' and inserted in lieu thereof ``hostile countries''.
---------------------------------------------------------
    It is the sense of the Congress that an important 
contribution toward peace would be made by the establishment 
under the Organization of American States of an international 
military force.
    In enacting this legislation, it is therefore the intention 
of the Congress to promote the peace of the world and the 
foreign policy, security, and general welfare of the United 
States by fostering an improved climate of political 
independence and individual liberty, improving the ability of 
friendly countries and international organizations to deter or, 
if necessary, defeat \523\ aggression, facilitating 
arrangements for individual and collective security, assisting 
friendly countries to maintain internal security, and creating 
an environment of security and stability in the developing 
friendly countries essential to their more rapid social, 
economic, and political progress. The Congress urges that all 
other countries able to contribute join in a common undertaking 
to meet the goals stated in this part.

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    \523\ Sec. 705(1)(B) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2317) struck out `` Communist or Communist-supported'' from this 
point.
---------------------------------------------------------
    It is the sense of the Congress that in the administration 
of this part priority shall be given to the needs of those 
countries in danger of becoming victims of \524\ aggression or 
in which the internal security is threatened by internal 
subversion inspired or supported by hostile countries.

-----------------------------------------------------------------------
    \524\ Sec. 705(1)(C) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2317) struck out ``active Communist or Communist-supported 
aggression or those countries in which the internal security is 
threatened by Communist-inspired or Communist-supported internal 
subversion.'' and inserted in lieu thereof ``aggression or in which the 
internal security is threatened by internal subversion inspired or 
supported by hostile countries.''. This paragraph was added originally 
by sec. 201(a)(2) of the FA Act of 1967.
---------------------------------------------------------
    Finally, the Congress reaffirms its full support of the 
progress of the members of the North Atlantic Treaty 
Organization toward increased cooperation in political, 
military, and economic affairs. In particular, the Congress 
welcomes the steps which have been taken to promote 
multilateral programs of coordinated procurement, research, 
development, and production of defense articles and urges that 
such programs be expanded to the fullest extent possible to 
further the defense of the North Atlantic area.
    Sec. 502.\525\ Utilization of Defense Articles and 
Services.--Defense articles and defense services \526\ to any 
country shall be furnished solely for internal security, for 
legitimate self-defense, to permit the recipient country to 
participate in regional or collective arrangements or measures 
consistent with the Charter of the United Nations, or otherwise 
to permit the recipient country to participate in collective 
measures requested by the United Nations for the purpose of 
maintaining or restoring international peace and security,\527\ 
or for the purpose of assisting foreign military forces in less 
developed friendly countries (or the voluntary efforts of 
personnel of the Armed Forces of the United States in such 
countries) to construct public works and to engage in other 
activities helpful to the economic and social development of 
such friendly countries. It is the sense of the Congress that 
such foreign military forces should not be maintained or 
established solely for civic action activities and that such 
civic action activities not significantly detract from the 
capability of the military forces to perform their military 
missions and be coordinated with and form part of the total 
economic and social development effort.

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    \525\ 22 U.S.C. 2302. Former subsec. (a) of sec. 505 was 
redesignated sec. 502 by sec. 201(d)(1) of the FA Act of 1967.
    \526\ The words to this point were substituted for ``Utilization of 
Assistance.--(a) Military assistance'' by sec. 201(d)(2) of the FA Act 
of 1967.
    \527\ Sec. 201(c)(1) of the FA Act of 1965 struck out a colon and 
added the remainder of this section from this point.
---------------------------------------------------------
    Sec. 502A.\528\ * * * [Repealed--1996]

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    \528\ Formerly at 22 U.S.C. 2302. Sec. 104(b)(2)(A) of Public Law 
104-164 (110 Stat. 1426) repealed sec. 502A. Originally added by sec. 
12(a) of the FA Act of 1973, the section had read as follows:
    ``sec. 502a. excess defense articles.--Excess defense articles 
shall be provided whenever possible rather than providing such articles 
by the procurement of new items.''.
---------------------------------------------------------
    Sec. 502B.\529\ Human Rights.--(a)(1) \530\ The United 
States shall, in accordance with its international obligations 
as set forth in the Charter of the United Nations and in 
keeping with the constitutional heritage and traditions of the 
United States, promote and encourage increased respect for 
human rights and fundamental freedoms throughout the world 
without distinction as to race, sex, language, or religion. 
Accordingly, a principal goal of the foreign policy of the 
United States shall be to promote the increased observance of 
internationally recognized human rights by all countries.

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    \529\ 22 U.S.C. 2304. Sec. 502B, which was added by sec. 46 of the 
FA Act of 1974, was amended by sec. 301(a) of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 748), and by the Export Administration Amendments Act of 
1985 (Public Law 99-64; 99 Stat. 156.) It formerly read as follows:
    ``Sec. 502B. Human Rights.--It is the sense of Congress that except 
in extraordinary circumstances, the President shall substantially 
reduce or terminate security assistance to any government which engages 
in a consistent pattern of gross violations of internationally 
recognized human rights, including torture or cruel, inhuman or 
degrading treatment or punishment; prolonged detention without charges; 
or other flagrant denials of the right to life, liberty, and the 
security of the person.
    ``(b) Whenever proposing or furnishing security assistance to any 
government falling within the provisions of paragraph (a), the 
President shall advise the Congress of the extraordinary circumstances 
necessitating the assistance.
    ``(c) In determining whether or not a government falls within the 
provisions of subsection (a), consideration shall be given to the 
extent of cooperation by such government in permitting an unimpeded 
investigation of alleged violations of internationally recognized human 
rights by appropriate international organizations, including the 
International Committee of the Red Cross and anybody acting under the 
authority of the United Nations or of the Organization of American 
States.
    ``(d) For purposes of this section, `security assistance' means 
assistance under chapter 2 (military assistance) or chapter 4 (security 
supporting assistance) of this part, assistance under part V (Indochina 
Postwar Reconstruction) or part VI (Middle East Peace) of this Act, 
sales under the Foreign Military Sales Act, or assistance for public 
safety under this or any other Act.''.
    \530\ Par. (1) was amended and restated by sec. 6(a) of the 
International Security Assistance Act of 1978 (Public Law 95-384; 92 
Stat. 731).
---------------------------------------------------------
    (2) \531\ Except under circumstances specified in this 
section, no security assistance may be provided to any country 
the government of which engages in a consistent pattern of 
gross violations of internationally recognized human rights. 
Security assistance may not be provided to the police, domestic 
intelligence, or similar law enforcement forces of a country, 
and licenses may not be issued under the Export Administration 
Act of 1979 \532\ for the export of crime control and detection 
instruments and equipment to a country, the government of which 
engages in a consistent pattern of gross violations of 
internationally recognized human rights unless the President 
certifies in writing to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign 
Relations of the Senate and the chairman of the Committee on 
Banking, Housing, and Urban Affairs of the Senate (when 
licenses are to be issued pursuant to the Export Administration 
Act of 1979), that extraordinary circumstances exist warranting 
provision of such assistance and issuance of such licenses. 
Assistance may not be provided under chapter 5 of this part to 
a country the government of which engages in a consistent 
pattern of gross violations of internationally recognized human 
rights unless the President certifies in writing to the Speaker 
of the House of Representatives and the chairman of the 
Committee on Foreign Relations of the Senate that extraordinary 
circumstances exist warranting provision of such 
assistance.\533\

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    \531\ The words ``It is further the policy of the United States 
that,'' which previously appeared at this point, were struck by sec. 
6(b) of the International Security Assistance Act of 1978 (Public Law 
95-384; 92 Stat. 731).
    \532\ The reference to the Export Administration Act of 1979 was 
inserted in lieu of a reference to the Export Administration Act of 
1969 by sec. 704 of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3157).
    \533\ The final two sentences of par. (2) were added by sec. 6 of 
the International Security Assistance Act of 1978 (Public Law 95-384; 
92 Stat. 731, 732).
---------------------------------------------------------
    (3) In furtherance of paragraphs (1) and (2),\534\ the 
President is directed to formulate and conduct international 
security assistance programs of the United States in a manner 
which will promote and advance human rights and avoid 
identification of the United States, through such programs, 
with governments which deny to their people internationally 
recognized human rights and fundamental freedoms, in violation 
of international law or in contravention of the policy of the 
United States as expressed in this section or otherwise.

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    \534\ The words ``paragraphs (1) and (2),'' were inserted in lieu 
of ``the foregoing policy'' by sec. 6(e) of the International Security 
Assistance Act of 1978 (Public Law 95-384; 92 Stat. 732).
---------------------------------------------------------
    (b) The Secretary of State shall transmit to the Congress, 
as part of the presentation materials for security assistance 
programs proposed for each fiscal year, a full and complete 
report, prepared with the assistance of the Assistant Secretary 
of State for Democracy, Human Rights, and Labor,\535\ with 
respect to practices regarding the observance of and respect 
for internationally recognized human rights in each country 
proposed as a recipient of security assistance. Wherever 
applicable, such report shall include information on practices 
regarding coercion in population control, including coerced 
abortion and involuntary sterilization.\536\ Each report under 
this section shall list the votes of each member of the United 
Nations Commission on Human Rights on all country-specific and 
thematic resolutions voted on at the Commission's annual 
session during the period covered during the preceding 
year.\537\ In determining whether a government falls within the 
provisions of subsection (a)(3) and in the preparation of any 
report or statement required under this section, consideration 
shall be given to--

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    \535\ Sec. 162(e)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), changed 
this title designation by striking ``Human Rights and Humanitarian 
Affairs'' and inserting lieu thereof ``Democracy, Human Rights, and 
Labor''. Previously, sec. 109(a)(3) of the Foreign Relations 
Authorization Act, Fiscal Year 1978 (Public Law 95-105; 91 Stat. 846) 
changed the title designation from ``Coordinator for Human Rights and 
Humanitarian Affairs'' to ``Assistant Secretary of State for Human 
Rights and Humanitarian Affairs''.
    \536\ The sentence beginning ``Wherever applicable'' was added by 
sec. 127 of the Foreign Relations Authorization Act, Fiscal Years 1988 
and 1989 (Public Law 100-204; 101 Stat. 1331).
    \537\ Sec. 201(b) of Public Law 104-319 (110 Stat. 3864) added the 
sentence beginning ``Each report...''.
---------------------------------------------------------
          (1) the relevant findings of appropriate 
        international organizations, including nongovernmental 
        organizations, such as the International Committee of 
        the Red Cross; and
          (2) the extent of cooperation by such government in 
        permitting an unimpeded investigation by any such 
        organization of alleged violations of internationally 
        recognized human rights.
    (c)(1) Upon the request of the Senate or the House of 
Representatives by resolution of either such House, or upon the 
request of the Committee on Foreign Relations of the Senate or 
the Committee on Foreign Affairs \538\ of the House of 
Representatives, the Secretary of State shall, within thirty 
days after receipt of such request, transmit to both such 
committees a statement, prepared with the assistance of the 
Assistant Secretary of State for Democracy, Human Rights, and 
Labor,\535\ with respect to the country designated in such 
request, setting forth--

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    \538\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives. Previously, 
sec. 9(a)(6) of the U.S.C. Technical Amendments (Public Law 103-437; 
108 Stat. 4588) struck out ``International Relations'' and inserted in 
lieu thereof ``Foreign Affairs''.
---------------------------------------------------------
          (A) all the available information about observance of 
        and respect for human rights and fundamental freedom in 
        that country, and a detailed description of practices 
        by the recipient government with respect thereto;
          (B) the steps the United States has taken to--
                  (i) promote respect for and observance of 
                human rights in that country and discourage any 
                practices which are inimical to internationally 
                recognized human rights, and
                  (ii) publicly or privately call attention to, 
                and disassociate the United States and any 
                security assistance provided for such country 
                from, such practices;
          (C) whether, in the opinion of the Secretary of 
        State, notwithstanding any such practices--
                  (i) extraordinary circumstances exist which 
                necessitate a continuation of security 
                assistance for such country, and, if so, a 
                description of such circumstances and the 
                extent to which such assistance should be 
                continued (subject to such conditions as 
                Congress may impose under this section), and
                  (ii) on all the facts it is in the national 
                interest of the United States to provide such 
                assistance; and
          (D) such other information as such committee or such 
        House may request.
    (2)(A) A resolution of request under paragraph (1) of this 
subsection shall be considered in the Senate in accordance with 
the provisions of section 601(b) of the International Security 
Assistance and Arms Export Control Act of 1976.
    (B) The term ``certification'', as used in section 601 of 
such Act, means, for the purposes of this subsection, a 
resolution of request of the Senate under paragraph (1) of this 
subsection.
    (3) In the event a statement with respect to a country is 
requested pursuant to paragraph (1) of this subsection but is 
not transmitted in accordance therewith within thirty days 
after receipt of such request, no security assistance shall be 
delivered to such country except as may thereafter be 
specifically authorized by law from such country unless and 
until such statement is transmitted.
    (4)(A) In the event a statement with respect to a country 
is transmitted under paragraph (1) of this subsection, the 
Congress may at any time thereafter adopt a joint resolution 
terminating, restricting, or continuing security assistance for 
such country. In the event such a joint resolution is adopted, 
such assistance shall be so terminated, so restricted, or so 
continued, as the case may be.
    (B) Any such resolution shall be considered in the Senate 
in accordance with the provisions of section 601(b) of the 
International Security Assistance and Arms Export Control Act 
of 1976.
    (C) The term ``certification'', as used in section 601 of 
such Act, means, for the purposes of this paragraph, a 
statement transmitted under paragraph (1) of this subsection.
    (d) For the purposes of this section--
          (1) 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,\539\ and other 
        flagrant denial of the right to life, liberty, or the 
        security of person; and

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    \539\ The words ``causing the disappearance of persons by the 
abduction and clandestine detention of those persons,'' were added by 
sec. 701(b) of the International Security and Development Cooperation 
Act of 1980 (Public Law 96-533; 94 Stat. 3156).
---------------------------------------------------------
          (2) the term ``security assistance'' means--
                  (A) assistance under chapter 2 (military 
                assistance) or chapter 4 (economic support 
                fund) \540\ or chapter 5 (military education 
                and training) or chapter 6 (peacekeeping 
                operations) or chapter 8 (antiterrorism 
                assistance) of this part; \541\

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    \540\ The words ``economic support fund'' were inserted in lieu of 
``security supporting assistance'' by sec. 10(b)(1) of the 
International Security Assistance Act of 1978 (Public Law 95-384; 92 
Stat. 735).
    \541\ Sec. 12(b) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 737) added the words ``or chapter 6 
(peacekeeping operations)'' and struck the words ``or part VI 
(assistance to the Middle East) of this Act'' which had previously been 
the final phrase of this paragraph.
    The International Security and Development Assistance 
Authorizations Act of 1983 (sec. 101(b)(2) of the Further Continuing 
Appropriations Act, 1984; Public Law 98-151) added the words ``or 
chapter 8 (antiterrorism assistance)''. Pursuant to Public Law 98-151, 
this amendment was enacted as stated in title II of H.R. 2992, as 
reported by the House Committee on Foreign Affairs on May 17, 1983.
---------------------------------------------------------
                  (B) sales of defense articles or services, 
                extensions of credits (including participations 
                in credits),\542\ and guaranties of loans under 
                the Arms Export Control Act; or

-----------------------------------------------------------------------
    \542\ While the printed slip law did not include a close 
parentheses in subpar. (B), it is interpreted that such a mark was 
intended to be inserted at this point.
---------------------------------------------------------
                  (C) any license in effect 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 under section 38 of the 
                Arms Export Control Act.
    (e) \543\ Notwithstanding any other provision of law, funds 
authorized to be appropriated under part I of this Act may be 
made available for the furnishing of assistance to any country 
with respect to which the President finds that such a 
significant improvement in its human rights record has occurred 
as to warrant lifting the prohibition on furnishing such 
assistance in the national interest of the United States.

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    \543\ Subsec. (e) was added by sec. 511 of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 380).
---------------------------------------------------------
    (f) \544\ In allowing the funds authorized to be 
appropriated by this Act and the Arms Export Control Act, the 
President shall take into account significant improvements in 
the human rights records of recipient countries, except that 
such allocations may not contravene any other provision of law.

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    \544\ Subsec. (f) was added by sec. 4 of the International Security 
Assistance Act of 1979 (Public Law 96-92; 93 Stat. 702).
---------------------------------------------------------
    (g) \545\ Whenever the provisions of subsection (e) or (f) 
of this section are applied, the President shall report to the 
Congress before making any funds available pursuant to those 
subsections. The report shall specify the country involved, the 
amount and kinds of assistance to be provided, and the 
justification for providing the assistance, including a 
description of the significant improvements which have occurred 
in the country's human rights record.

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    \545\ Subsec. (g) was added by sec. 1201 of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 276).
---------------------------------------------------------

                     Chapter 2--Military Assistance

    Sec. 503.\546\ General Authority.--(a) The President is 
authorized to furnish military assistance, on such terms and 
conditions as he may determine,\547\ to any friendly country or 
international organization, the assisting of which the 
President finds will strengthen the security of the United 
States and promote world peace and which is otherwise eligible 
to receive such assistance, by--

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    \546\ 22 U.S.C. 2311. Sec. 12(b)(1) of the FA Act of 1973 amended 
sec. 503, which formerly read as follows:
    ``Sec. 503. General Authority.--The President is authorized to 
furnish military assistance on such terms and conditions as he may 
determine, to any friendly country or international organization, the 
assisting of which the President finds will strengthen the security of 
the United States and promote world peace and which is otherwise 
eligible to receive such assistance by--
    ``(a) acquiring from any source and providing (by loan or grant) 
any defense article or defense service;
    ``(b) making financial contributions to multilateral programs for 
the acquisition or construction of facilities for collective defense;
    ``(c) providing financial assistance for expenses incident to 
participation by the United States Government in regional or collective 
defense organizations;
    ``(d) assigning or detailing members of the Armed Forces of the 
United States and other personnel of the Department of Defense to 
perform duties of a noncombatant nature, including those related to 
training or advice.''.
    \547\ In 1997, the President determined that the furnishing of 
defense articles and services to the Governments of Georgia, Kazakstan, 
Kyrgyzstan, Moldova, Turkmenistan, Russia, Ukraine, and Uzbekistan, 
would strengthen the security of the United States and promote world 
peace (Presidential Determination No. 97-19 of March 11, 1997; 62 F.R. 
13531).
    In 1995 and 1996, the President made similar determinations for 
Angola (Presidential Determination No. 95-32 of July 28, 1995; 60 F.R. 
40255), Mongolia (Presidential Determination No. 95-38 of August 22, 
1995; 60 F.R. 50069), Bosnia and Herzegovina (Presidential 
Determination No. 96-10 of February 23, 1996; 61 F.R. 8463), Slovenia, 
and the Former Yugoslav Republic of Macedonia (Presidential 
Determination No. 96-18 of March 8, 1996; 61 F.R. 11497).
---------------------------------------------------------
          (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 of the 
        Department of Defense to perform duties of a non-
        combatant nature; or
          (3) \548\ transferring such of the funds appropriated 
        or otherwise made available under this chapter as the 
        President may determine for assistance to a recipient 
        country,\549\ to the account in which funds for the 
        procurement of defense articles and defense services 
        under section 21 and section 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 non-repayable basis under 
        section 23 of the Arms Export Control Act \550\ shall 
        be priced to exclude the costs of salaries of members 
        of the Armed Forces of the United States (other than 
        the Coast Guard).\550\

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    \548\ Par. (3) was added by sec. 112(a) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3138).
    Title III of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1988 (sec. 101(e) of the Continuing 
Appropriations for 1988, Public Law 100-202; 101 Stat. 1329-131), 
stipulated: ``That, after September 30, 1989, none of the funds 
appropriated under this heading shall be made available for the 
purposes of section 503(a)(3) of the Foreign Assistance Act of 1961''. 
This proviso was subsequently repealed by title III of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1989 (Public Law 100-461; 102 Stat. 2268).
    \549\ The word ``country'' was inserted in lieu of the words 
``specified in section 504(a)(1) of this Act, within the dollar 
limitations of that section'' by sec. 110(c) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1536).
    \550\ The last sentence of par. (3) was added by sec. 123(a) of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 205). The language ``or from funds . . . Act'' and 
``(other than the Coast Guard)'' was added by Sec. 586(a) of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268), to 
become effective on October 1, 1989.
---------------------------------------------------------
    (b) In addition to such other terms and conditions as the 
President may determine pursuant to subsection (a), defense 
articles may be loaned thereunder only if--
          (1) there is a bona fide reason, other than the 
        shortage of funds, for providing such articles on a 
        loan basis rather than on a grant basis;
          (2) there is a reasonable expectation that such 
        articles will be returned to the agency making the loan 
        at the end of the loan period unless the loan is then 
        renewed;
          (3) the loan period is of fixed duration not 
        exceeding five years, during which such article may be 
        recalled for any reason by the United States;
          (4) the agency making the loan is reimbursed for the 
        loan based on the amount charged to the appropriation 
        for military assistance under subsection (c); and
          (5) \551\ the loan agreement provides that (A) if the 
        defense article is damaged while on loan, the country 
        or international organization to which it was loaned 
        will reimburse the United States for the cost of 
        restoring or replacing the defense article, and (B) if 
        the defense article is lost or destroyed while on loan, 
        the country or international organization to which it 
        was loaned will pay to the United States an amount 
        equal to the replacement cost (less any depreciation in 
        the value) of the defense article.

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    \551\ Par. (5) was amended and restated by sec. 109(c) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1536). It formerly read as follows:
    ``(5) arrangements are made with the agency making the loan to be 
reimbursed in the event such article is lost or destroyed while on 
loan, such reimbursement being made first out of any funds available to 
carry out this chapter and based on the depreciated value of the 
article at the time of loss or destruction.''.
---------------------------------------------------------
    (c)(1) In the case of any loan of a defense article or 
defense service made under this section, there shall be a 
charge to the appropriation for military assistance for any 
fiscal year while the article or service is on loan in an 
amount based on--
          (A) the out-of-pocket expenses authorized to be 
        incurred in connection with such loan during such 
        fiscal year; and
          (B) the depreciation which occurs during such year 
        while such article is on loan.
    (2) The provisions of this subsection shall not apply--
          (A) to any particular defense article or defense 
        service which the United States Government agreed, 
        prior to the date of enactment of this subsection, to 
        lend; and
          (B) to any defense article or defense service, or 
        portion thereof, acquired with funds appropriated for 
        military assistance under this Act.
    Sec. 504.\552\ Authorization.--(a) \553\ (1) There are 
authorized to be appropriated to the President to carry out the 
purposes of this chapter $805,100,000 for the fiscal year 1986 
and $805,100,000 for the fiscal year 1987.

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    \552\ 22 U.S.C. 2312.
    \553\ Subsec. (a) was amended and restated by sec. 103 of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 195).
    Authorizations under sec. 504 in recent years included the 
following: fiscal year 1977--$235,000,000; fiscal year 1978--
$228,900,000; fiscal year 1979--$133,500,000; fiscal year 1980--
$110,200,000; fiscal year 1981--$106,100,000; fiscal year 1982--
$238,500,000; fiscal year 1983--$238,500,000; fiscal year 1984--
$639,700,000; fiscal year 1985--no authorization; fiscal years 1988 
through 1998--no authorization.
    Sec. 587(c) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 
Stat. 1689), provided the following:
    ``(c) Of the funds made available (including earmarked funds) in 
Public Law 101-513 and prior Acts making appropriations for foreign 
operations, export financing, and related programs to carry out the 
provisions of section 23 of the Arms Export Control Act and section 503 
of the Foreign Assistance Act of 1961, $45,750,000 are rescinded.''.
---------------------------------------------------------
    (2) Amounts appropriated under this subsection are 
authorized to remain available until expended.
    (b) In order to make sure that a dollar spent on military 
assistance to foreign countries is as necessary as a dollar 
spent for the United States military establishment, the 
President shall establish procedures for programing and 
budgeting so that programs of military assistance come into 
direct competition for financial support with other activities 
and programs of the Department of Defense.
    Sec. 505.\554\ Conditions of Eligibility.--(a) In addition 
to such other provisions as the President may require, no 
defense articles or related training or other defense service 
\555\ shall be furnished to any country on a grant basis unless 
it shall have agreed that--

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    \554\ 22 U.S.C. 2314. Former sec. 506 was redesignated sec. 505 by 
sec. 201(e) of the FA Act of 1967.
    \555\ Sec. 203(b) of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 735) added ``or 
related training or other defense service''.
---------------------------------------------------------
          (1) it will not, without the consent of the 
        President--
                  (A) permit any use of such articles or 
                related training or other defense service \555\ 
                by anyone not an officer, employee, or agent of 
                that country,
                  (B) transfer, or permit any officer, 
                employee, or agent of that country to transfer 
                such articles or related training or other 
                defense service \555\ by gift, sale, or 
                otherwise, or
                  (C) use or permit the use of such articles or 
                related training or other defense service \555\ 
                for purposes other than those for which 
                furnished;
          (2) it will maintain the security of such articles or 
        related training or other defense service,\555\ and 
        will provide substantially the same degree of security 
        protection afforded to such articles or related 
        training or other defense service \555\ by the United 
        States Government;
          (3) it will, as the President may require, permit 
        continuous observation and review by, and furnish 
        necessary information to, representatives of the United 
        States Government with regard to the use of such 
        articles or related training or other defense service; 
        \555\ and
          (4) unless the President consents to other 
        disposition, it will return to the United States 
        Government for such use or disposition as the President 
        considers in the best interests of the United States, 
        such articles or related training or other defense 
        service \555\ which are no longer needed for the 
        purposes for which furnished.
    (b) No defense articles shall be furnished on a grant basis 
to any country at a cost in excess of $3,000,000 in any fiscal 
year unless the President determines--
          (1) that such country conforms to the purposes and 
        principles of the Charter of the United Nations;
          (2) that such defense articles will be utilized by 
        such country for the maintenance of its own defensive 
        strength, or \556\ the defensive strength of the free 
        world;

-----------------------------------------------------------------------
    \556\ Sec. 201(b) of the FA Act of 1971 substituted ``or'' in lieu 
of ``and''.
---------------------------------------------------------
          (3) that such country is taking all reasonable 
        measures, consistent with its political and economic 
        stability, which may be needed to develop its defense 
        capacities; and
          (4) that the increased ability of such country to 
        defend itself is important to the security of the 
        United States.
    (c) \557\ The President shall regularly reduce and, with 
such deliberate speed as orderly procedure and other relevant 
considerations, including prior commitments, will permit, shall 
terminate all further grants of military equipment and supplies 
to any country having sufficient wealth to enable it, in the 
judgment of the President, to maintain and equip its own 
military forces at adequate strength, without undue burden to 
its economy.

-----------------------------------------------------------------------
    \557\ Subsecs. (c) and (d) were added by sec. 201(a) of the FA Act 
of 1962.
---------------------------------------------------------
    (d) \557\, \558\ (1) Assistance and deliveries 
of assistance under this chapter to any country shall be 
terminated as hereinafter provided, if such country uses 
defense articles or defense services furnished under this Act, 
the Mutual Security Act of 1954,\559\ or any predecessor 
Foreign Assistance Act, in substantial violation (either in 
terms of quantities or in terms of the gravity of the 
consequences regardless of the quantities involved) of any 
agreement entered into pursuant to any such Act (A) by using 
such articles or services for a purpose not authorized under 
section 502 or, if such agreement provides that such articles 
or services may only be used for purposes more limited than 
those authorized under section 502, for a purpose not 
authorized under such agreement; (B) by transferring such 
articles or services to, or permitting any use of such articles 
or services by, anyone not an officer, employee, or agent of 
the recipient country without the consent of the President; or 
(C) by failing to maintain the security of such articles or 
services.

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    \558\ Sec. 304(a) of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 751) amended 
subsec. (d) which formerly read as follows:
    ``(d) Any country which hereafter uses defense articles or defense 
services furnished such country under this Act, the Mutual Security Act 
of 1954, as amended, or any predecessor foreign assistance Act, in 
substantial violation of the provisions of this chapter or any 
agreements entered into pursuant to any of such Acts shall be 
immediately ineligible for further assistance.''.
    \559\ For text, see Legislation on Foreign Relations Through 1997, 
vol. I-B.
---------------------------------------------------------
    (2)(A) Assistance and deliveries of assistance shall be 
terminated pursuant to paragraph (1) of this subsection if the 
President so determines and so states in writing to the 
Congress, or if the Congress so finds by joint resolution.
    (B) The President shall report to the Congress promptly 
upon the receipt of information that a violation described in 
paragraph (1) of this subsection may have occurred.
    (3) Assistance to a country shall remain terminated in 
accordance with paragraph (1) of this subsection until such 
time as--
          (A) the President determines that the violation has 
        ceased; and
          (B) the country concerned has given assurances 
        satisfactory to the President that such violation will 
        not recur.
    (4) The authority contained in section 614(a) of this Act 
may not be used to waive the provisions of this section with 
respect to further assistance under this chapter.
    (e) \560\ In considering a request for approval of any 
transfer of any weapon, weapons system, munitions, aircraft, 
military boat, military vessel, or other implement of war to 
another country, the President shall not give his consent under 
subsection (a)(1) or (a)(4) to the transfer unless the United 
States itself would transfer the defense article under 
consideration to that country.\561\ In addition, the President 
shall not give his consent under subsection (a)(1) or (a)(4) to 
the transfer of any significant defense articles on the United 
States Munitions List unless the foreign country requesting 
consent to transfer agrees to demilitarize such defense 
articles prior to transfer, or the proposed recipient foreign 
country provides a commitment in writing to the United States 
Government that it will not transfer such defense articles if 
not demilitarized, to any other foreign country or person 
without first obtaining the consent of the President.

-----------------------------------------------------------------------
    \560\ Former subsec. (e), which related to conditions of 
eligibility, was repealed by Public Law 92-226. New subsecs. (e) and 
(f) were added by sec. 12(3) of the FA Act of 1973.
    \561\ Sec. 204(b)(2) of the International Security Assistance and 
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 735) 
amended sec. 505(e) by striking out the following words after 
``country'': ``, and prior to the date he intends to give his consent 
to the transfer, the President notifies the Speaker of the House of 
Representatives and the Committee on Foreign Relations of the Senate in 
writing of each intended consent, the justification for giving such 
consent, the defense article for which he intends to give his consent 
to be so transferred, and the foreign country to which that defense 
article is to be transferred''.
---------------------------------------------------------
    (f) \560\ Effective July 1, 1974, no defense article shall 
be furnished to any country on a grant basis unless such 
country shall have agreed that the net proceeds of sale 
received by such country in disposing of any weapon, weapons 
system, munition, aircraft, military boat, military vessel, or 
other implement of war received under this chapter will be paid 
to the United States Government and shall be available to pay 
all official costs of the United States Government payable in 
the currency of that country, including all costs relating to 
the financing of international educational and cultural 
exchange activities in which that country participates under 
the programs authorized by the Mutual Educational and Cultural 
Exchange Act of 1961.\562\ In the case of items which were 
delivered prior to 1985,\563\ the President may waive the 
requirement that such net proceeds be paid to the United States 
Government if he determines that to do so is in the national 
interest of the United States.\564\

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    \562\ For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. E.
    \563\ Title III of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 1998), struck out ``1975'' and inserted in lieu thereof ``1985''.
    \564\ The last sentence of par. (f) was added by sec. 123(b) of the 
International Security Cooperation and Development Act of 1985 (Public 
Law 99-83; 99 Stat. 205).
---------------------------------------------------------
    (g) \565\ (1) It is the policy of the United States that no 
assistance under this chapter should be furnished to any 
foreign country, the laws, regulations, official policies, or 
governmental practices of which prevent any United States 
person (as defined in section 7701(a)(30) of the Internal 
Revenue Code of 1954) from participating in the furnishing of 
defense articles or defense services under this chapter on the 
basis of race, religion, national origin, or sex.

-----------------------------------------------------------------------
    \565\ Subsec. (g) was added by sec. 302(a) of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 751).
---------------------------------------------------------
    (2)(A) No agency performing functions under this chapter 
shall, in employing or assigning personnel to participate in 
the performance of any such function, whether in the United 
States or abroad, take into account the exclusionary policies 
or practices of any foreign government where such policies or 
practices are based upon race, religion, national origin, or 
sex.
    (B) Each contract entered into by any such agency for the 
performance of any function under this chapter shall contain a 
provision to the effect that no person, partnership, 
corporation, or other entity performing functions pursuant to 
such contract, shall, in employing or assigning personnel to 
participate in the performance of any such function, whether in 
the United States or abroad, take into account the exclusionary 
policies or practices of any foreign government where such 
policies or practices are based upon race, religion, national 
origin, or sex.
    (3) The President shall promptly transmit reports to the 
Speaker of the House of Representatives and the chairman of the 
Committee on Foreign Relations of the Senate concerning any 
transaction in which any United States person (as defined in 
section 7701(a)(30) of the Internal Revenue Code of 1954) is 
prevented by a foreign government on the basis of race, 
religion, national origin, or sex, from participating in the 
furnishing of assistance under this chapter, or education and 
training under chapter 5, to any foreign country. Such reports 
shall include (A) a description of the facts and circumstances 
of any such discrimination, (B) the response thereto on the 
part of the United States or any agency or employee thereof, 
and (C) the result of such response, if any.
    (4)(A) Upon the request of the Committee on Foreign 
Relations of the Senate or the Committee on Foreign Affairs 
\566\ of the House of Representatives, the President shall, 
within 60 days after receipt of such request, transmit to both 
such committees a statement, prepared with the assistance of 
the Assistant Secretary of State for Democracy, Human Rights, 
and Labor,\567\ with respect to the country designated in such 
request, setting forth--

-----------------------------------------------------------------------
    \566\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives. Previously, 
sec. 9(a)(6) of the U.S.C. Technical Amendments (Public Law 103-437; 
108 Stat. 4588) struck out ``International Relations'' and inserted in 
lieu thereof ``Foreign Affairs''.
    \567\ Sec. 162(e)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), changed 
this title designation by striking ``Human Rights and Humanitarian 
Affairs'' and inserting lieu thereof ``Democracy, Human Rights, and 
Labor''. Previously, sec. 109(a)(4) of the Foreign Relations 
Authorization Act, Fiscal Year 1978 (Public Law 95-105; 91 Stat. 846) 
changed the title designation from ``Coordinator for Human Rights and 
Humanitarian Affairs'' to ``Assistant Secretary of State for Human 
Rights and Humanitarian Affairs''.
---------------------------------------------------------
          (i) all the available information about the 
        exclusionary policies or practices of the government of 
        such country when such policies or practices are based 
        upon race, religion, national origin, or sex, and 
        prevent any such person from participating in a 
        transaction involving the furnishing of any assistance 
        under this chapter or any education and training under 
        chapter 5;
          (ii) the response of the United States thereto and 
        the results of such response;
          (iii) whether, in the opinion of the President, 
        notwithstanding any such policies or practices--
                  (I) extraordinary circumstances exist which 
                necessitate a continuation of such assistance 
                or education and training transaction, and, if 
                so, a description of such circumstances and the 
                extent to which such assistance or education 
                and training transaction should be continued 
                (subject to such conditions as Congress may 
                impose under this section), and
                  (II) on all the facts it is in the national 
                interest of the United States to continue such 
                assistance or education and training 
                transaction; and
          (iv) such other information as such committee may 
        request.
    (B) In the event a statement with respect to an assistance 
or training transaction is requested pursuant to subparagraph 
(A) of this paragraph but is not transmitted in accordance 
therewith within 60 days after receipt of such request, such 
assistance or training transaction shall be suspended unless 
and until such statement is transmitted.
    (C)(i) In the event a statement with respect to an 
assistance or training transaction is transmitted under 
subparagraph (A) of this paragraph, the Congress may at any 
time thereafter adopt a joint resolution terminating or 
restricting such assistance or training transaction.
    (ii) Any such resolution shall be considered in the Senate 
in accordance with the provisions of section 601(b) of the 
International Security Assistance and Arms Export Control Act 
of 1976.
    (iii) The term ``certification'', as used in section 601 of 
such Act, means, for the purposes of this paragraph, a 
statement transmitted under subparagraph (A) of this paragraph.
    Sec. 506.\568\ Special Authority.--(a)(1) \569\ If the 
President determines and reports to the Congress in accordance 
with section 652 of this Act that--

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    \568\ 22 U.S.C. 2318. Former sec. 510 was redesignated sec. 506 by 
sec. 201(j)(1) of the FA Act of 1967. Sec. 506, as amended by sec. 102 
of Public Law 94-329, was further amended and restated by sec. 5(b) of 
the International Security Assistance Act of 1979 (Public Law 96-92; 93 
Stat. 702).
    \569\ Sec. 551 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1236), inserted the designation ``(1)'' here, redesignated 
``(1)'' and ``(2)'' as ``(A)'' and ``(B)'', and inserted a new 
``(2)(A)'' and ``(B)''.
---------------------------------------------------------
          (A) \569\ an unforeseen emergency exists which 
        requires immediate military assistance to a foreign 
        country or international organization; and
          (B) \569\ the emergency requirement cannot be met 
        under the authority of the Arms Export Control Act or 
        any other law except this section;
he may direct, for the purposes of this part, 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, of an aggregate value of not to exceed 
$100,000,000 in any fiscal year.\570\

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    \570\ The aggregate value of this special authority was increased 
from $10 million to $50 million by sec. 112(d) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3139). It was subsequently increased from $50 million to $75 
million by sec. 110(b) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1526), and to $100 
million from $75 million by sec. 103(a) of Public Law 104-164 (110 
Stat. 1423).
---------------------------------------------------------
          (2) \571\ (A) \569\ If the President determines and 
        reports to the Congress in accordance with section 652 
        of this Act that it is in the national interest of the 
        United States to draw down articles and services from 
        the inventory and resources of any agency of the United 
        States Government and military education and training 
        from the Department of Defense, the President may 
        direct the drawdown of such articles, services, and 
        military education and training--\572\

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    \571\ The Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2409), 
provided the following:
---------------------------------------------------------

                      ``notification requirements
---------------------------------------------------------
    ``Sec. 515. * * *
    ``(b) Drawdowns made pursuant to section 506(a)(2) of the Foreign 
Assistance Act of 1961 shall be subject to the regular notification 
procedures of the Committees on Appropriations.''.
    On December 2, 1996, the President determined that ``it is in the 
national interest of the United States to draw down articles, services, 
and military education and training from the inventory and resources of 
the Department of Defense for the purpose of providing antinarcotics 
assistance to Mexico.
    ``Therefore, I direct the drawdown of up to $37 million of such 
articles, services, and military education and training from the 
Department of Defense for the Government of Mexico for the purposes and 
under the authorities of Chapter 8 of Part I of the [Foreign 
Assistance] Act.'' (Presidential Determination No. 97-9; 61 F.R. 
65149).
    On December 27, 1996, the President determined that ``it is in the 
national interest of the United States to draw down articles and 
services from the inventory and resources of the Department of Defense 
for the purpose of providing assistance to the victims of conflict and 
other persons at risk for Northern Iraq.
    ``Therefore, I hereby direct the drawdown of up to $10,000,000 of 
such articles and services from the inventory and resources of the 
Department of Defense, for the purposes and under the authorities of 
the Migration and Refugee Assistance Act of 1962, as amended, section 
2(c).'' (Presidential Determination No. 97-14; 62 F.R. 1379).
    On September 30, 1997, the President determined that ``it is in the 
national interest of the United States to draw down articles and 
services from the inventory and resources of the Department of Defense, 
military education and training from the Department of Defense, and 
articles and services from the inventory and resources of the 
Department of transportation for the purpose of providing international 
narcotics assistance to Colombia, Venezuela, Peru, and the countries of 
the Eastern Caribbean Regional Security System (RSS), including: 
Antigua and Barbuda, Barbados, Dominica, Grenada, St. Kitts and Nevis, 
St. Lucia, and St. Vincent and the Grenadines.
    ``Therefore, I direct the drawdown of up to $20 million of articles 
and services from the inventory and resources of the Departments of 
Defense and Transportation, and military education and training from 
the Department of Defense, for the Governments of Colombia, Venezuela, 
Peru, and the countries of the RSS, for the purposes and under the 
authorities of chapter 8 of part I of the [Foreign Assistance] Act.'' 
(Presidential Determination No. 97-38; 62 F.R. 53221).
    \572\ Sec. 103(b) of Public Law 104-164 (110 Stat. 1423) amended 
and restated the latter part of subpara. (A).
---------------------------------------------------------
                  (i) for the purposes and under the 
                authorities of--
                          (I) chapter 8 of part I (relating to 
                        international narcotics control 
                        assistance);
                          (II) chapter 9 of part I (relating to 
                        international disaster assistance); or
                          (III) the Migration and Refugee 
                        Assistance Act of 1962; or
                  (ii) for the purpose of providing such 
                articles, services, and military education and 
                training to Vietnam, Cambodia, and Laos as the 
                President determines are necessary--
                          (I) to support cooperative efforts to 
                        locate and repatriate members of the 
                        United States Armed Forces and 
                        civilians employed directly or 
                        indirectly by the United States 
                        Government who remain unaccounted for 
                        from the Vietnam War; and
                          (II) to ensure the safety of United 
                        States Government personnel engaged in 
                        such cooperative efforts and to support 
                        Department of Defense-sponsored 
                        humanitarian projects associated with 
                        such efforts.
          (B) An aggregate value of not to exceed \573\ 
        $150,000,000 in any fiscal year of such articles, 
        services, and military education and training may be 
        provided pursuant to subparagraph (A) of this 
        paragraph--

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    \573\ Sec. 103(b)(2) of Public Law 104-164 (110 Stat. 1424) struck 
out ``$75,000,000 in any fiscal year of defense articles, defense 
services, and military education and training may be provided pursuant 
to subparagraph (A) of this paragraph.'' and inserted in lieu thereof 
text from this point to the end of subpara. (B).
---------------------------------------------------------
                  (i) not more than $75,000,000 of which may be 
                provided from the drawdown from the inventory 
                and resources of the Department of Defense;
                  (ii) not more than $75,000,000 of which may 
                be provided pursuant to clause (i)(I) of such 
                subparagraph; and
                  (iii) not more than $15,000,000 of which may 
                be provided to Vietnam, Cambodia, and Laos 
                pursuant to clause (ii) of such subparagraph.
    (b)(1) The authority contained in this section shall be 
effective for any such emergency only upon prior notification 
to the Committee on Foreign Affairs \566\ of the House of 
Representatives, the Committee on Foreign Relations of the 
Senate, and the Committee on Appropriations of each House of 
Congress. In the case of drawdowns authorized by subclauses (I) 
and (III) of subsection (a)(2)(A)(i), notifications shall be 
provided to those committees at least 15 days in advance of the 
drawdowns in accordance with the procedures applicable to 
reprogramming notifications under section 634A.\574\

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    \574\ Sec. 103(b)(3) of Public Law 104-164 (110 Stat. 1424) added 
this sentence.
---------------------------------------------------------
    (2) The President shall keep the Congress fully and 
currently informed of all defense articles, defense services, 
and military education and training provided under this 
section, including providing the Congress with a report 
detailing all defense articles, defense services, and military 
education and training delivered to the recipient country or 
international organization upon delivery of such articles or 
upon completion of such services or education and training. 
Such report shall also include whether any savings were 
realized by utilizing commercial transport services rather than 
acquiring those services from United States Government 
transport assets.\575\

-----------------------------------------------------------------------
    \575\ Sec. 576(1) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2433), added ``, including providing the Congress with a report 
detailing all defense articles, defense services, and military 
education and training delivered to the recipient country or 
international organization upon delivery of such articles or upon 
completion of such services or education and training. Such report 
shall also include whether any savings were realized by utilizing 
commercial transport services rather than acquiring those services from 
United States Government transport assets.''.
---------------------------------------------------------
    (c) \576\ For the purposes of any provision of law that 
authorizes the drawdown of defense or other articles or 
commodities, or defense or other services from an agency of the 
United States Government, such drawdown may include the supply 
of commercial transportation and related services that are 
acquired by contract for the purposes of the drawdown in 
question if the cost to acquire such commercial transportation 
and related services is less than the cost to the United States 
Government of providing such services from existing agency 
assets.

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    \576\ Sec. 576 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2433), redesignated subsec. (c) as subsec. (d), and added a new 
subsec. (c). Title II of that Act, furthermore, provided the following:
---------------------------------------------------------

                  ``foreign military financing program
---------------------------------------------------------
    ``* * *Provided further, That of the funds appropriated by this 
paragraph, not less than $75,000,000 shall be available for assistance 
for Jordan: Provided further, That during fiscal year 1998 the 
President is authorized to, and shall, direct drawdowns of defense 
articles from the stocks of the Department of Defense, defense services 
of the Department of Defense, and military education and training of an 
aggregate value of not less than $25,000,000 under the authority of 
this proviso for Jordan for the purposes of part II of the Foreign 
Assistance Act of 1961, and any amount so directed shall count toward 
meeting the earmark in the previous proviso: Provided further, That 
section 506(c) of the Foreign Assistance Act of 1961 shall apply, and 
section 632(d) of the Foreign Assistance Act of 1961 shall not apply, 
to any such drawdown: * * *''.
---------------------------------------------------------
    (d) \576\ There are authorized to be appropriated to the 
President such sums as may be necessary to reimburse the 
applicable appropriation, fund, or account for defense 
articles, defense services, and military education and training 
provided under this section.
    Sec. 507.\577\ Restrictions on Military Aid to Latin 
America.--* * * [Repealed--1973]

-----------------------------------------------------------------------
    \577\ Sec. 12(b)(5) of the FA Act of 1973 repealed secs. 507, 508, 
and 509.
---------------------------------------------------------
    Sec. 508.\577\ Restrictions on Military Aid to Africa.--* * 
* [Repealed--1973]
    Sec. 509.\577\ Certification of Recipient's Capability.--* 
* * [Repealed--1973]
    Sec. 510.\578\ Restrictions on Training Foreign Military 
Students.--* * * [Repealed--1976]

-----------------------------------------------------------------------
    \578\ Sec. 510 was repealed by sec. 106(b) of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 733).
---------------------------------------------------------
    Sec. 511.\579\ Considerations in Furnishing Military 
Assistance.--Decisions to furnish military assistance made 
under this part shall be made in coordination with the Director 
of the United States Arms Control and Disarmament Agency and 
shall take into account his opinion as to \580\ whether such 
assistance will--

-----------------------------------------------------------------------
    \579\ 22 U.S.C. 2321d. Sec. 511 was added by sec. 201(f) of the FA 
Act of 1971.
    \580\ Sec. 150(c) of the Foreign Relations Authorization Act, 
Fiscal Year 1976 (Public Law 94-141) struck out the words ``take into 
account'' and inserted in lieu thereof ``be made in coordination with 
the Director of the United States Arms Control and Disarmament Agency 
and shall take into account his opinion as to''.
---------------------------------------------------------
          (1) contribute to an arms race;
          (2) increase the possibility of outbreak or 
        escalation of conflict; or
          (3) prejudice the development of bilateral or 
        multilateral arms control arrangements.
    Sec. 512.\581\ Military Assistance Advisory Groups and 
Missions.--* * * [Repealed--1973]

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    \581\ Sec. 12(5) of the FA Act of 1973 repealed sec. 512.
---------------------------------------------------------
    Sec. 513.\582\ Military Assistance Authorizations for 
Thailand and Laos, and South Vietnam.--* * * [Repealed--1981]

-----------------------------------------------------------------------
    \582\ Sec. 513, as added by sec. 20(f) of the FA Act of 1971 and 
amended by sec. 12(6)(B) of the FA Act of 1973, and sec. 12 of the FA 
Act of 1974, was repealed by sec. 734(a)(1) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1560). Sec. 513 had prohibited military assistance for Thailand 
(after June 30, 1972), Laos (after June 30, 1974), and South Vietnam 
(after June 30, 1976) unless the assistance had been authorized under 
this Act or the Foreign Military Sales Act (now the Arms Export Control 
Act).
---------------------------------------------------------
    Sec. 514.\583\ Stockpiling of Defense Articles for Foreign 
Countries.--(a) No defense article in the inventory of the 
Department of Defense which is set aside, reserved, or in any 
way earmarked or intended for future use by any foreign country 
may be made available to or for use by any foreign country 
unless such transfer is authorized under this Act or the Arms 
Export Control Act, or any subsequent corresponding 
legislation, and the value of such transfer is charged against 
funds authorized under such legislation or against the 
limitations specified in such legislation, as appropriate, for 
the fiscal period in which such defense article is transferred. 
For purposes of this subsection, ``value'' means the 
acquisition cost plus crating, packing, handling, and 
transportation costs incurred in carrying out this section.

-----------------------------------------------------------------------
    \583\ 22 U.S.C. 2321h. The original sec. 514, which concerned 
special foreign country accounts, was added by sec. 201(f) of Public 
Law 92-226 (86 Stat. 26). This section was repealed by sec. 12(b) of 
Public Law 93-189 (87 Stat. 722). This new sec. 514, as added by sec. 
15 of Public Law 93-559 (88 Stat. 1799), was amended by sec. 103 of the 
International Security Assistance and Arms Export Control Act of 1976. 
It formerly read:
    ``(a) Notwithstanding any other provision of law, no funds, other 
than funds made available under this chapter or section 401(a) of 
Public Law 89-367 (80 Stat. 37), or any subsequent corresponding 
legislation, may be obligated for the purpose of stockpiling any 
defense article or war reserve material, including the acquisition, 
storage, or maintenance of any war reserve equipment, secondary items, 
or munitions, if such article or material is set aside, reserved, or in 
any way earmarked or intended for future use by any foreign country 
under this Act or such section.
    ``(b) The cost of any such article or material set aside, reserved, 
or in any way earmarked or intended by the Department of Defense for 
future use by, for, or on behalf of the country referred to in section 
401(a)(1) of Public Law 89-367 (80 Stat. 37) shall be charged against 
the limitation specified in such section or any subsequent 
corresponding legislation, for the fiscal year in which such article or 
material is set aside, reserved, or otherwise earmarked or intended; 
and the cost of any such article or material set aside, reserved or in 
any way earmarked or intended for future use by, for, or on behalf of 
any other foreign country shall be charged against funds authorized 
under this chapter or the fiscal year in which such article or material 
is set aside, reserved, or otherwise earmarked. No such article or 
material may be made available to or for use by any foreign country 
unless such article or material has been charged against the limitation 
specified in such section, or any subsequent corresponding legislation, 
or against funds authorized under this chapter, as appropriate.''.
    Section 1303(b) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1669) struck out 
subsec. (e) to this section. Subsec. (e) formerly read as follows:
    ``(e) The President shall promptly report to the Congress each new 
stockpile, or addition to an existing stockpile, described in this 
section of defense articles valued in excess of $10,000,000 in any 
fiscal year.''.
---------------------------------------------------------
    (b)(1) The value of defense articles to be set aside, 
earmarked, reserved, or intended for use as war reserve stocks 
for allied or other foreign countries (other than for purposes 
of the North Atlantic Treaty Organization or in the 
implementation of agreements with Israel) \584\ in stockpiles 
located in foreign countries may not exceed in any fiscal year 
an amount that \585\ is specified in security assistance 
authorizing legislation for that fiscal year.

-----------------------------------------------------------------------
    \584\ Sec. 531B(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 732), inserted ``or in the implementation of agreements with 
Israel'' after ``North Atlantic Treaty Organization''.
    \585\ Section 587(b)(1) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1990 (Public Law 
101-167; 103 Stat. 1253), struck out ``greater than'' and inserted in 
lieu thereof ``that'' at this point.
---------------------------------------------------------
    (2) \586\ (A) The value of such additions to stockpiles of 
defense articles in foreign countries shall not exceed 
$50,000,000 for each of the fiscal years 1996 and 1997 and 
$60,000,000 for fiscal year 1998.

-----------------------------------------------------------------------
    \586\ Sec. 575(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2433), added ``and $60,000,000 for fiscal year 1998'' at the end 
of para. (2); and sec. 575(b) of that Act added the fiscal year 1998 
stockpile limits for Korea and Thailand in subpara (B).
    Previously, sec. 531B(b) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1996 (Public Law 
104-107; 110 Stat. 732) amended and restated subsec. (b)(2) generally.
    Previously, sec. 535 of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 
Stat. 1637), provided ``a total of $200,000,000 for stockpiles in 
Israel for fiscal years 1994 and 1995, up to $40,000,000 may be made 
available for stockpiles in the Republic of Korea, and up to 
$10,000,000 may be made available for stockpiles in Thailand for fiscal 
year 1995''.
    Previously, sec. 535 of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1994 (Public Law 103-87; 107 
Stat. 955), decreased the stockpile for Israel to $200,000,000, and 
made available up to $72,000,000 for stockpiles in Korea, and up to 
$20,000,000 for stockpiles in Thailand.
    Previously, sec. 569 of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 
Stat. 1681), increased the stockpile limit, included allocations for 
Israel, and added text pertaining to stockpile allocations for the 
Republic of Korea.
    Previous to that, sec. 573(b) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1991 (Public Law 
101-513; 104 Stat. 2042), increased the stockpile limit and added text 
pertaining to allocations for Israel.
    Figures for stockpile limits for recent years include the 
following: fiscal year 1976--$96,750,000; fiscal year 1977--
$125,000,000; fiscal year 1978--$270,000,000; fiscal year 1979--
$90,000,000; fiscal year 1980--$95,000,000; fiscal year 1981--
$85,000,000; fiscal year 1982--$130,000,000; fiscal year 1983--
$125,000,000; fiscal year 1984--$125,000,000; fiscal year 1985--
$248,000,000; fiscal year 1986--$360,000,000; fiscal year 1987--
$125,000,000; fiscal year 1988--$116,000,000; fiscal year 1989--
$77,000,000; fiscal year 1990--$165,000,000; fiscal year 1991--
$378,000,000; fiscal year 1992--$378,000,000; fiscal year 1993--
$389,000,000; fiscal year 1994--$292,000,000; fiscal year 1995--
$250,000,000; fiscal year 1996--$50,000,000; fiscal year 1997--
$50,000,000; fiscal year 1998--$60,000,000.
---------------------------------------------------------
    (B) Of the amount specified in subparagraph (A) for each of 
the fiscal years 1996 and 1997, not more than $40,000,000 may 
be made available for stockpiles in the Republic of Korea and 
not more than $10,000,000 may be made available for stockpiles 
in Thailand. Of the amount specified in subparagraph (A) for 
fiscal year 1998, not more than $40,000,000 may be made 
available for stockpiles in the Republic of Korea and not more 
than $20,000,000 may be made available for stockpiles in 
Thailand.
    (c) \587\ Location of Stockpiles of Defense Articles.--

-----------------------------------------------------------------------
    \587\ Sec. 531B(c) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 732) amended and restated subsec. (c). It formerly read as 
follows:
    ``(c) Except for stockpiles in existence on the date of enactment 
of the International Security Assistance and Arms Export Control Act of 
1976 and for stockpiles located in the Republic of Korea, Thailand, or 
countries which are members of the North Atlantic Treaty Organization, 
or major non-NATO allies, no stockpile may be located outside the 
boundaries of a United States military base or a military base used 
primarily by the United States.''.
    The reference to Thailand was first added by title III of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1988 (Continuing Appropriations for 1988; Public 
Law 100-202; 101 Stat. 1329-147). The reference to the Republic of 
Korea was first added by sec. 6(a)(2) of the International Security 
Assistance Act of 1979 (Public Law 96-92; 93 Stat. 703). Sec. 573(a) of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2042), first 
added the reference to major non-NATO allies.
---------------------------------------------------------
          (1) Limitation.--Except as provided in paragraph (2), 
        no stockpile of defense articles may be located outside 
        the boundaries of a United States military base or a 
        military base used primarily by the United States.
          (2) Exceptions.--Paragraph (1) shall not apply with 
        respect to stockpiles of defense articles located in 
        the Republic of Korea, Thailand, any country that is a 
        member of the North Atlantic Treaty Organization, any 
        country that is a major non-NATO ally, or any other 
        country the President may designate. At least 15 days 
        before designating a country pursuant to the last 
        clause of the preceding sentence, the President shall 
        notify the congressional committees specified in 
        section 634A(a) in accordance with the procedures 
        applicable to reprogramming notifications under that 
        section.
    (d) No defense article transferred from any stockpile which 
is made available to or for use by any foreign country may be 
considered an excess defense article for the purpose of 
determining the value thereof.
    Sec. 515.\588\ Overseas Management of Assistance and Sales 
Programs.--(a) In order to carry out his responsibilities for 
the management of international security assistance programs 
conducted under this chapter, chapter 5 of this part, 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:

-----------------------------------------------------------------------
    \588\ 22 U.S.C. 2321i. Sec. 515, as amended by sec. 16 of FA Act of 
1974, sec. 104 of Public Law 94-329, sec. 7(c) of Public Law 95-92, 
sec. 9 of Public Law 95-424, sec. 7 of Public Law 95-92, and sec. 114 
of Public Law 96-533, was comprehensively amended and restated by sec. 
112 of the International Security and Development Cooperation Act of 
1981 (Public Law 97-113; 95 Stat. 1527).
---------------------------------------------------------
          (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; \589\ and

-----------------------------------------------------------------------
    \589\ Sec. 143 of Public Law 104-164 (110 Stat. 1434) struck out 
``among members of the North Atlantic Treaty Organization and with the 
Armed Forces of Japan, Australia, and New Zealand'' after ``measures''.
---------------------------------------------------------
          (7) liaison functions exclusive of advisory and 
        training assistance.
    (b) Advisory and training assistance conducted by military 
personnel assigned under this section shall be kept to an 
absolute minimum. It is the sense of the Congress that advising 
and training assistance in countries to which military 
personnel are assigned under this section shall be provided 
primarily by other personnel who are not assigned under this 
section and who are detailed for limited periods to perform 
specific tasks.
    (c)(1) The number of members of the Armed Forces assigned 
to a foreign country under this section may not exceed six 
unless specifically authorized by the Congress. The President 
may waive this limitation if he determines and reports to the 
Committee on Foreign Relations of the Senate and the Committee 
on Foreign Affairs \566\ of the House of Representatives, 30 
days prior to the introduction of the additional military 
personnel, that United States national interests require that 
more than six members of the Armed Forces be assigned under 
this section to carry out international security assistance 
programs in a country not specified in this paragraph. 
Pakistan, Tunisia, El Salvador, Honduras, Colombia,\590\ 
Indonesia, the Republic of Korea, the Philippines, Thailand, 
Egypt, Jordan, Morocco, Saudi Arabia, Greece, Portugal, Spain, 
and Turkey are authorized to have military personnel strengths 
larger than six under this section to carry out international 
security assistance programs.

-----------------------------------------------------------------------
    \590\ Sec. 125 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 205), struck out 
``For the fiscal year 1982 and the fiscal year 1983'' and inserted in 
lieu thereof ``Pakistan, Tunisia, El Salvador, Honduras''.
    Sec. 4305(a) of Public Law 100-690 (102 Stat. 4273) added 
``Colombia'' after ``Honduras''.
---------------------------------------------------------
    (2) The total number of members of the Armed Forces 
assigned under this section to a foreign country in a fiscal 
year may not exceed the number justified to the Congress for 
that country in the congressional presentation materials for 
that fiscal year, unless the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Affairs \566\ of the 
House of Representatives are notified 30 days in advance of the 
introduction of the additional military personnel.
    (d) Effective October 1, 1989,\591\ the entire costs 
(excluding \592\ salaries of the United States military 
personnel other than the Coast Guard) \592\ of overseas 
management of international security assistance programs under 
this section shall be charged to or reimbursed from funds made 
available to carry out this chapter or the Arms Export Control 
Act,\593\ other than any such costs which are either paid 
directly 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 section 21(e) 
and section 43(b) of that Act.

-----------------------------------------------------------------------
    \591\ Section 9104(a) of the Department of Defense Appropriations 
Act, 1990 (Public Law 101-165; 103 Stat. 1152) struck out ``1982'' and 
inserted in lieu thereof ``1989''.
    \592\ Section 9104 of the Department of Defense Appropriations Act, 
1990 (Public Law 101-165; 103 Stat. 1152) struck out ``including'' and 
inserted in lieu thereof ``excluding''. Sec. 556(c) of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1993 (Public Law 102-391; 106 Stat. 1675), restated parentheses to make 
provision for the Coast Guard.
    \593\ Title III of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1213), added reference to the Arms Export Control Act at this 
point.
---------------------------------------------------------
    (e) 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.
    (f) The President shall continue to instruct United States 
diplomatic and military personnel in the United States missions 
abroad that they should not encourage, promote, or influence 
the purchase by any foreign country of United States-made 
military equipment, unless they are specifically instructed to 
do so by an appropriate official of the executive branch.

Sec. 516.\594\ AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.
    (a) Authorization.--The President is authorized to transfer 
excess defense articles under this section to countries for 
which receipt of such articles was justified pursuant to the 
annual congressional presentation documents for military 
assistance programs, or for programs under chapter 8 of part I 
of this Act, submitted under section 634 of this Act, or for 
which receipt of such articles was separately justified to the 
Congress, for the fiscal year in which the transfer is 
authorized.

-----------------------------------------------------------------------
    \594\ 22 U.S.C. 2321j. Sec. 104(a) of Public Law 104-164 (110 Stat. 
1424) amended and restated sec. 516.
    The earlier form of sec. 516, relating to the modernization of 
defense capabilities of countries of NATO's southern flank, was added 
by sec. 1101 of Public Law 99-661 (100 Stat. 3960). Prior to that, sec. 
516, added by sec. 105 of Public Law 94-329 and amended by sec. 7(b) of 
Public Law 95-384, sec. 5(c) of Public Law 96-92, and sec. 112(d) of 
Public Law 96-533, was repealed by sec. 110(d) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1526). Sec. 516 had required the termination of authorities 
contained in this chapter (except for authorities in secs. 506, 514, 
and 515) as of September 30, 1982, except to the extent Congress might 
authorize military assistance in specified amounts for specified 
countries.
    The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2412), provided 
the following:
---------------------------------------------------------

               ``notification of excess defense equipment
---------------------------------------------------------
    ``Sec. 525. Prior to providing excess Department of Defense 
articles in accordance with section 516(a) of the Foreign Assistance 
Act of 1961, the Department of Defense shall notify the Committees on 
Appropriations to the same extent and under the same conditions as are 
other committees pursuant to subsection (c) of that section: Provided, 
That before issuing a letter of offer to sell excess defense articles 
under the Arms Export Control Act, the Department of Defense shall 
notify the Committees on Appropriations in accordance with the regular 
notification procedures of such Committees: Provided further, That such 
Committees shall also be informed of the original acquisition cost of 
such defense articles.''.
    The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1997 (sec. 101(c) of title I of Public Law 104-208; 
110 Stat. 3009), provided the following:
---------------------------------------------------------

                ``mediterranean excess defense articles
---------------------------------------------------------
    ``Sec. 535. For the four-year period beginning on October 1, 1996, 
the President shall ensure that excess defense articles will be made 
available under section 516 and 519 of the Foreign Assistance Act of 
1961 consistent with the manner in which the President made available 
excess defense articles under those sections during the four-year 
period that began on October 1, 1992, pursuant to section 573(e) of the 
Foreign Operations, Export Financing, Related Programs Appropriations 
Act, 1990.''.
---------------------------------------------------------
    (b) Limitations on Transfers.--(1) The President may 
transfer excess defense articles under this section only if--
          (A) such articles are drawn from existing stocks of 
        the Department of Defense;
          (B) funds available to the Department of Defense for 
        the procurement of defense equipment are not expended 
        in connection with the transfer;
          (C) the transfer of such articles will not have an 
        adverse impact on the military readiness of the United 
        States;
          (D) with respect to a proposed transfer of such 
        articles on a grant basis, such a transfer is 
        preferable to a transfer on a sales basis, after taking 
        into account the potential proceeds from, and 
        likelihood of, such sales, and the comparative foreign 
        policy benefits that may accrue to the United States as 
        the result of a transfer on either a grant or sales 
        basis;
          (E) the President determines that the transfer of 
        such articles will not have an adverse impact on the 
        national technology and industrial base and, 
        particularly, will not reduce the opportunities of 
        entities in the national technology and industrial base 
        to sell new or used equipment to the countries to which 
        such articles are transferred; and
          (F) the transfer of such articles is consistent with 
        the policy framework for the Eastern Mediterranean 
        established under section 620C of this Act.
    (2) Accordingly, for the four-year period beginning on 
October 1, 1996, the President shall ensure that excess defense 
articles offered to Greece and Turkey under this section will 
be made available consistent with the manner in which the 
President made available such excess defense articles during 
the four-year period that began on October 1, 1992, pursuant to 
section 573(e) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990.\595\

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    \595\ Sec. 573(e) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; (103 
Stat. 1246), read as follows:
    ``(e) maintenance of military balance in eastern mediterranean.--
---------------------------------------------------------

          ``(1) united states policy.--The Congress intends that excess 
        defense articles be made available under this section 
        consistent with the United States policy, established by 
        section 841 of the International Cooperation Act of 1989, of 
        maintaining the military balance in the Eastern Mediterranean.
          ``(2) maintenance of balance.--Accordingly, the President 
        shall ensure that, over the three-year period beginning on 
        October 1, 1989, the ratio of--

                  ``(A) the value of excess defense articles made 
                available for Turkey under this section, to
                  ``(B) the value of excess defense articles made 
                available for Greece under this section, closely 
                approximates the ratio of--
                      ``(i) the amount of foreign military financing 
                provided for Turkey, to
                      ``(ii) the amount of foreign military financing 
                provided for Greece.

          ``(3) exception to requirement.--This subsection shall not 
        apply if either Greece or Turkey ceases to be eligible to 
        receive excess defense articles under subsection (a).''.
    (c) Terms of Transfers.--
          (1) No cost to recipient country.--Excess defense 
        articles may be transferred under this section without 
        cost to the recipient country.
          (2) Priority.--Notwithstanding any other provision of 
        law, the delivery of excess defense articles under this 
        section to member countries of the North Atlantic 
        Treaty Organization (NATO) on the southern and 
        southeastern flank of NATO and to major non-NATO allies 
        on such southern and southeastern flank shall be given 
        priority to the maximum extent feasible over the 
        delivery of such excess defense articles to other 
        countries.
    (d) Waiver of Requirement for Reimbursement of Department 
of Defense Expenses.--Section 632(d) shall not apply with 
respect to transfers of excess defense articles (including 
transportation and related costs) under this section.
    (e) \596\ Transportation and Related Costs.--

-----------------------------------------------------------------------
    \596\ Sec. 105 of Public Law 104-164 (110 Stat. 1427) provided the 
following:
    ``sec. 105. excess defense articles for certain european countries.
    ``Notwithstanding section 516(e) of the Foreign Assistance Act of 
1961, as added by this Act, during each of the fiscal years 1996 and 
1997, funds available to the Department of Defense may be expended for 
crating, packing, handling, and transportation of excess defense 
articles transferred under the authority of section 516 of such Act to 
countries that are eligible to participate in the Partnership for Peace 
and that are eligible for assistance under the Support for East 
European Democracy (SEED) Act of 1989.''.
---------------------------------------------------------
          (1) In general.--Except as provided in paragraph (2), 
        funds available to the Department of Defense may not be 
        expended for crating, packing, handling, and 
        transportation of excess defense articles transferred 
        under the authority of this section.
          (2) Exception.--The President may provide for the 
        transportation of excess defense articles without 
        charge to a country for the costs of such 
        transportation if--
                  (A) it is determined that it is in the 
                national interest of the United States to do 
                so;
                  (B) the recipient is a developing country 
                receiving less than $10,000,000 of assistance 
                under chapter 5 of this part of this Act 
                (relating to international military education 
                and training) or section 23 of the Arms Export 
                Control Act (22 U.S.C. 2763; relating to the 
                Foreign Military Financing program) in the 
                fiscal year in which the transportation is 
                provided;
                  (C) the total weight of the transfer does not 
                exceed 25,000 pounds; and
                  (D) such transportation is accomplished on a 
                space available basis.
    (f) Advance Notification to Congress for Transfer of 
Certain Excess Defense Articles.--
          (1) In general.--The President may not transfer 
        excess defense articles that are significant military 
        equipment (as defined in section 47(9) of the Arms 
        Export Control Act) or excess defense articles valued 
        (in terms of original acquisition cost) at $7,000,000 
        or more, under this section or under the Arms Export 
        Control Act (22 U.S.C. 2751 et seq.) until 30 days 
        after the date on which the President has provided 
        notice of the proposed transfer to the congressional 
        committees specified in section 634A(a) in accordance 
        with procedures applicable to reprogramming 
        notifications under that section.
          (2) Contents.--Such notification shall include--
                  (A) a statement outlining the purposes for 
                which the article is being provided to the 
                country, including whether such article has 
                been previously provided to such country;
                  (B) an assessment of the impact of the 
                transfer on the military readiness of the 
                United States;
                  (C) an assessment of the impact of the 
                transfer on the national technology and 
                industrial base and, particularly, the impact 
                on opportunities of entities in the national 
                technology and industrial base to sell new or 
                used equipment to the countries to which such 
                articles are to be transferred; and
                  (D) a statement describing the current value 
                of such article and the value of such article 
                at acquisition.
    (g) Aggregate Annual Limitation.--
          (1) In general.--The aggregate value of excess 
        defense articles transferred to countries under this 
        section in any fiscal year may not exceed $350,000,000.
          (2) Effective date.--The limitation contained in 
        paragraph (1) shall apply only with respect to fiscal 
        years beginning after fiscal year 1996.
    (h) Congressional Presentation Documents.--Documents 
described in subsection (a) justifying the transfer of excess 
defense articles shall include an explanation of the general 
purposes of providing excess defense articles as well as a 
table which provides an aggregate annual total of transfers of 
excess defense articles in the preceding year by country in 
terms of offers and actual deliveries and in terms of 
acquisition cost and current value. Such table shall indicate 
whether such excess defense articles were provided on a grant 
or sale basis.
    (i) Excess Coast Guard Property.--For purposes of this 
section, the term ``excess defense articles'' shall be deemed 
to include excess property of the Coast Guard, and the term 
``Department of Defense'' shall be deemed, with respect to such 
excess property, to include the Coast Guard.
    Sec. 517.\597\ * * * [Repealed--1996]

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    \597\ Formerly at 22 U.S.C. 2321k. Sec. 104(b)(2)(B) of Public Law 
104-164 (110 Stat. 1427) repealed sec. 517, relating to the 
modernization of counternarcotics capabilities of certain countries. 
The section was originally added by sec. 5 of the International 
Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1957).
---------------------------------------------------------

SEC. 517.\598\ DESIGNATION OF MAJOR NON-NATO ALLIES.

    (a) Notice to Congress.--The President shall notify the 
Congress \599\ in writing at least 30 days before--

-----------------------------------------------------------------------
    \598\ 22 U.S.C. 2321k. Added by sec. 147(a)(1) of Public Law 104-
164 (110 Stat. 1434).
    \599\ On November 12, 1996, the President notified Congress that he 
designated the Hashemite Kingdom of Jordan as a major non-NATO ally of 
the United States for purposes of the Foreign Assistance Act and the 
Arms Export Control Act (Presidential Determination No. 97-4; 61 F.R. 
59809).
    On January 6, 1998, the President notified Congress that he 
designated the Republic of Argentina as a major non-NATO ally of the 
United States for purposes of the Foreign Assistance Act and the Arms 
Export Control Act (Presidential Determination No. 98-9; 63 F.R. 3635).
---------------------------------------------------------
          (1) designating a country as a major non-NATO ally 
        for purposes of this Act and the Arms Export Control 
        Act (22 U.S.C. 2751 et seq.); or
          (2) terminating such a designation.
    (b) Initial Designations.--Australia, Egypt, Israel, Japan, 
the Republic of Korea, and New Zealand shall be deemed to have 
been so designated by the President as of the effective date of 
this section, and the President is not required to notify the 
Congress of such designation of those countries.
    Sec. 518.\600\ * * * [Repealed--1996]

-----------------------------------------------------------------------
    \600\ Formerly at 22 U.S.C. 2321l. Sec. 104(b)(2)(B) of Public Law 
104-164 (110 Stat. 1427) repealed sec. 518, relating to natural 
resources and wildlife management. The section was originally added by 
sec. 533(f) of Public Law 101-513 (104 Stat. 2015).
---------------------------------------------------------
    Sec. 519.\601\ * * * [Repealed--1996]

-----------------------------------------------------------------------
    \601\ Formerly at 22 U.S.C. 2321m. Sec. 104(b)(2)(B) of Public Law 
104-164 (110 Stat. 1427) repealed sec. 519, relating to modernization 
of military capabilities. The section was originally added by sec. 596 
of Public Law 101-513 (104 Stat. 2061).
---------------------------------------------------------

SEC. 520.\602\  * * * [Repealed--1996]

-----------------------------------------------------------------------

    \602\ Formerly at 22 U.S.C. 2321n. Sec. 104(b)92)(B) of Public Law 
104-164 (110 Stat. 1427) repealed sec. 520, relating to transfers of 
excess defense articles for international peacekeeping operations. The 
section was originally added by sec. 408 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 452).
---------------------------------------------------------

                Chapter 3--Foreign Military Sales \603\

    Sec. 521.\604\ Administration of Sales Programs Involving 
Defense Articles and Services.--* * * [Repealed--1968]

-----------------------------------------------------------------------
    \603\ The new chapter heading was added by sec. 201(o)(2) of the FA 
Act of 1967.
    \604\ Secs. 521, 522, and 523 were repealed by sec. 45(a) of the 
Foreign Military Sales Act (Public Law 90-629).
---------------------------------------------------------
    Sec. 522.\604\ Sales from Stock.--* * * [Repealed--1968]
    Sec. 523.\604\ Procurement of Sales.--* * * [Repealed--
1968]
    Sec. 524.\605\ Reimbursements.--(a) \606\ Whenever funds 
made available for use under this part have been or \607\ are 
used to furnish military assistance on cash or credit terms, 
United States dollar repayments, including dollar proceeds 
derived from the sale of foreign currency repayments to any 
agency or program of the United States Government, receipts 
received from the disposition of evidences of indebtedness and 
charges (including fees and premiums) or interest collected 
\608\ shall be credited to a separate fund account \609\ and, 
shall be available until expended solely for the purposes of 
financing sales and guaranties, including the overhead costs 
thereof,\610\ and, notwithstanding any provision of law 
relating to receipts and credits accruing to the United States 
Government, repayment in foreign currency may be used to carry 
out this part. Such amounts of the appropriations made 
available under this part (including unliquidated balances of 
funds heretofore obligated for financing sales and guarantees) 
as may be determined by the President shall be transferred to, 
and merged with the separate fund account.\611\

-----------------------------------------------------------------------
    \605\ 22 U.S.C. 2344. Former sec. 508 was redesignated sec. 524 by 
sec. 201(h)(1) of the FA Act of 1967.
    \606\ Subsection designation ``(a)'' and a new subsec. (b) were 
added by sec. 201(h)(2) of the FA Act of 1967.
    \607\ The words ``have been or'' were added by sec. 201(e)(1) of 
the FA Act of 1965.
    \608\ The words to this point, beginning with ``receipts received 
from'', were added by sec. 201(e)(2) of the FA Act of 1965.
    \609\ Sec. 201(e)(3) of the FA Act of 1965 inserted ``a separate 
fund account'' in lieu of ``the current applicable appropriation''.
    \610\ Sec. 201(e)(1) of the FA Act of 1965 inserted ``financing 
sales and guaranties, including the overhead costs thereof'' in lieu of 
``furnishing further military assistance on cash or credit terms''.
    \611\ The last sentence was added by sec. 201(c) of the FA Act of 
1966.
---------------------------------------------------------
    (b)(1) The special fund account established under 
subsection (a) of this section shall terminate as of the end of 
June 30, 1968, or on such earlier date as may be selected by 
the President.
    (2) Upon the termination of such fund account pursuant to 
paragraph (1), all of the assets of such fund account 
(including loans and other payments receivable) shall be 
transferred to a special account in the Treasury, which special 
account shall be available solely for the purpose of 
discharging outstanding liabilities and obligations of the 
United States arising out of credit sales agreements entered 
into, and guaranties issued, under this part, prior to June 30, 
1968. Any moneys in such special account in excess of the 
aggregate United States dollar amount of such liabilities and 
obligations shall be transferred from time to time to the 
general fund of the Treasury.
    (3) \612\ * * * [Repealed--1968]

-----------------------------------------------------------------------
    \612\ Par. (3) of sec. 524, and sec. 525 were repealed by sec. 
45(a) of the Foreign Military Sales Act (Public Law 90-629). The 
subject matter of par. (3), relating to arms sales credits, is now 
covered in sec. 23 of the Arms Export Control Act.
---------------------------------------------------------
    Sec. 525.\612\ Guaranties.--* * * [Repealed--1968]

                 Chapter 4--Economic Support Fund \613\

=======================================================================


          Note.--Section 202 of the Foreign Assistance Act of 
        1971 transferred the former Chapter 4 of Part I 
        governing supporting assistance to its present location 
        as Chapter 4 of Part II of the Act. Section 202(b) of 
        the Foreign Assistance Act of 1971 provides as follows:

-----------------------------------------------------------------------
    \613\ Chapter 4, as added by the FA Act of 1971, was titled 
``Security Supporting Assistance,'' was retitled ``Economic Support 
Fund'' and comprehensively amended and restated by sec. 10(a) of the 
International Security Assistance Act of 1978 (Public Law 95-384; 92 
Stat. 733). Sec. 10(b)(6) of the same Act stated that, after September 
30, 1978, any reference in any act to security supporting assistance 
shall be considered to be a reference to this chapter.
    Sec. 201 of the International Security and Development Cooperation 
Act of 1985 (Public Law 99-83; 99 Stat. 210), replaced secs. 531 and 
532, amended and redesignated secs. 535 as 533, and repealed all other 
sections regarding earmarking of funds for specific regions or 
purposes. See Public Law 99-83 (99 Stat. 210), relating to ESF for the 
Middle East, Cyprus, Portugal, agricultural commodities under commodity 
import programs, tied aid credit program, and restriction on use of 
funds for nuclear facilities.
    See also secs. 644-647 of the Export-Import Bank Act Amendments of 
1983 (title VI of Public Law 98-166) which establishes a tied aid 
credit program in the U.S. Export-Import Bank in order to promote U.S. 
exports. This program is to be carried out in cooperation with AID and 
permits the AID Administrator to draw on ESF allocated for Commodity 
Import Programs to finance a tied aid credit activity. See Legislation 
on Foreign Relations Through 1997, vol. III.
    See also sec. 206 of the International Security and Development 
Cooperation Act of 1985, which authorizes not less than $50 million in 
fiscal year 1986 and not less than $100 million in fiscal year 1987 out 
of the commodity import program portion of the Economic Support Fund 
for use in a tied aid credit program.
---------------------------------------------------------
          ``Chapter 4 of part I of the Foreign Assistance Act 
        of 1961 is hereby repealed. References to such chapter 
        or any sections thereof shall hereafter be deemed to be 
        references to chapter 4 of part II of the Foreign 
        Assistance Act of 1961, as added by subsection (a) of 
        this section, or to appropriate sections thereof. All 
        references to part I of the Foreign Assistance Act of 
        1961 shall hereafter be deemed to be references also to 
        chapter 4 of part II, and all references to part II of 
        such Act shall be deemed not to include chapter 4 of 
        such Part II.''.
          In changing the title of chapter 4 from Security 
        Supporting Assistance to Economic Support Fund, Sec. 
        10(b)(6) of the International Security Assistance Act 
        of 1978 (92 Stat. 735) stated that, after September 30, 
        1978, any reference to security supporting assistance 
        shall be deemed a reference to assistance provided 
        under chapter 4 of part II of this Act.

=======================================================================


    Sec. 531.\614\ Authority.--(a) The Congress recognizes 
that, under special economic, political, or security 
conditions, the national interests of the United States may 
require economic support for countries in amounts which could 
not be justified solely under chapter 1 of part I or, in the 
case of countries in sub-Saharan Africa, chapter 10 of part 
I.\615\ In such cases, the President is authorized to furnish 
assistance to countries and organizations, on such terms and 
conditions as he may determine, in order to promote economic or 
political stability. To the maximum extent feasible, the 
President shall provide assistance under this chapter 
consistent with the policy directions, purposes, and programs 
of part I of this Act.

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    \614\ 22 U.S.C. 2346.
    \615\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by inserting ``or, in the case of countries in sub-Saharan 
Africa, chapter 10 of part I'' here.
---------------------------------------------------------
    (b) The Secretary of State shall be responsible for policy 
decisions and justifications for economic support programs 
under this chapter, including determinations of whether there 
will be an economic support program for a country and the 
amount of the program for each country. The Secretary shall 
exercise this responsibility in cooperation with the 
Administrator of the agency primarily responsible for 
administering part I of this Act.\616\

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    \616\ This responsibility, as it related to the Administrator, was 
transferred to the Director of IDCA, pursuant to sec. 6 of 
Reorganization Plan No. 2 of 1979 (establishing IDCA).
---------------------------------------------------------
    (c) As part of the annual presentation materials for 
foreign assistance submitted to the Congress, the agency 
primarily responsible for administering this part shall provide 
a detailed justification for the uses and the purposes of the 
funds provided under this chapter. Such material shall include, 
but not be limited to, information concerning the amounts and 
kinds of cash grant transfers, the amounts and kinds of 
budgetary and balance-of-payments support provided, and the 
amounts and kinds of project assistance provided with funds 
made available under this chapter.
    (d) \617\ To the maximum extent feasible, funds made 
available pursuant to this chapter for commodity import 
programs or other program assistance shall be used to generate 
local currencies, not less than 50 percent of which shall be 
available to support activities consistent with the objectives 
of sections 103 through 106 of this Act, and administered by 
the agency primarily responsible for administering part I of 
this Act.

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    \617\ Sec. 532 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2414), superseded this subsection and provided the following:
---------------------------------------------------------

                          ``separate accounts
---------------------------------------------------------
    ``Sec. 532. (a) Separate Accounts for Local Currencies.--(1) If 
assistance is furnished to the government of a foreign country under 
chapter 1 and 10 of part I or chapter 4 of part II of the Foreign 
Assistance Act of 1961 under agreements which result in the generation 
of local currencies of that country, the Administrator of the Agency 
for International Development shall--
---------------------------------------------------------

          ``(A) require that local currencies be deposited in a 
        separate account established by that government;
          ``(B) enter into an agreement with that government which sets 
        forth--

                  ``(i) the amount of the local currencies to be 
                generated; and
                  ``(ii) the terms and conditions under which the 
                currencies so deposited may be utilized, consistent 
                with this section; and

          ``(C) establish by agreement with that government the 
        responsibilities of the Agency for International Development 
        and that government to monitor and account for deposits into 
        and disbursements from the separate account.
---------------------------------------------------------
    ``(2) Uses of Local Currencies.--As may be agreed upon with the 
foreign government, local currencies deposited in a separate account 
pursuant to subsection (a), or an equivalent amount of local 
currencies, shall be used only--
---------------------------------------------------------

          ``(A) to carry out chapter 1 or 10 of part I or chapter 4 of 
        part II (as the case may be), for such purposes as--

                  ``(i) project and sector assistance activities; or
                  ``(ii) debt and deficit financing; or

          ``(B) for the administrative requirements of the United 
        States Government.
---------------------------------------------------------
    ``(3) Programming Accountability.--The Agency for International 
Development shall take all necessary steps to ensure that the 
equivalent of the local currencies disbursed pursuant to subsection 
(a)(2)(A) from the separate account established pursuant to subsection 
(a)(1) are used for the purposes agreed upon pursuant to subsection 
(a)(2).
    ``(4) Termination of Assistance Programs.--Upon termination of 
assistance to a country under chapter 1 or 10 of part I or chapter 4 of 
part II (as the case may be), any unencumbered balances of funds which 
remain in a separate account established pursuant to subsection (a) 
shall be disposed of for such purposes as may be agreed to by the 
government of that country and the United States Government.
    ``(5) Conforming Amendments.--The provisions of this subsection 
shall supersede the tenth and eleventh provisos contained under the 
heading `Sub-Saharan Africa, Development Assistance' as included in the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 and sections 531(d) and 609 of the Foreign 
Assistance Act of 1961.
    ``(6) Reporting Requirement.--The Administrator of the Agency for 
International Development shall report on an annual basis as part of 
the justification documents submitted to the Committees on 
Appropriations on the use of local currencies for the administrative 
requirements of the United States Government as authorized in 
subsection (a)(2)(B), and such report shall include the amount of local 
currency (and United States dollar equivalent) used and/or to be used 
for such purpose in each applicable country.
    ``(b) Separate Accounts for Cash Transfers.--(1) If assistance is 
made available to the government of a foreign country, under chapter 1 
or 10 of part I or chapter 4 of part II of the Foreign Assistance Act 
of 1961, as cash transfer assistance or as nonproject sector 
assistance, that country shall be required to maintain such funds in a 
separate account and not commingle them with any other funds.
    ``(2) Applicability of Other Provisions of Law.--Such funds may be 
obligated and expended notwithstanding provisions of law which are 
inconsistent with the nature of this assistance including provisions 
which are referenced in the Joint Explanatory Statement of the 
Committee of Conference accompanying House Joint Resolution 648 (H. 
Report No. 98-1159).
    ``(3) Notification.--At least 15 days prior to obligating any such 
cash transfer or nonproject sector assistance, the President shall 
submit a notification through the regular notification procedures of 
the Committees on Appropriations, which shall include a detailed 
description of how the funds proposed to be made available will be 
used, with a discussion of the United States interests that will be 
served by the assistance (including, as appropriate, a description of 
the economic policy reforms that will be promoted by such assistance).
    ``(4) Exemption.--Nonproject sector assistance funds may be exempt 
from the requirements of subsection (b)(1) only through the 
notification procedures of the Committees on Appropriations.''.
---------------------------------------------------------
    (e) Amounts appropriated to carry out this chapter shall be 
available for economic programs and may not be used for 
military or paramilitary purposes.
    Sec. 532.\618\ Authorizations of Appropriations.--(a) There 
are authorized to be appropriated to the President to carry out 
the purposes of this chapter--

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    \618\ 22 U.S.C. 2346a.
---------------------------------------------------------
          (1) $2,015,000,000 for the fiscal year 1986 and 
        $2,015,000,000 for the fiscal year 1987 for the 
        following countries signing the Camp David agreement: 
        Israel and Egypt; and \619\

-----------------------------------------------------------------------
    \619\ The authorization under this chapter during recent years 
included the following: fiscal year 1979--$1,902,000,000; fiscal year 
1980--$1,935,000,000 (plus an $80,000,000 supplemental authorization 
for Central American Assistance); fiscal year 1981--$2,065,300,000; 
fiscal year 1982--$2,623,500,000; fiscal year 1983--$2,723,500,000; 
fiscal year 1984--$3,074,000,000; fiscal year 1985--no authorization; 
fiscal year 1988--no authorization; fiscal year 1989--no authorization; 
fiscal year 1990--no authorization; fiscal year 1991--no authorization; 
fiscal year 1992--no authorization; fiscal year 1993--no authorization; 
fiscal year 1994--no authorization; fiscal year 1995--no authorization; 
fiscal year 1996--no authorization; fiscal year 1997--no authorization.
    Congress did not enact an authorization for fiscal year 1998. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118), waived the requirements 
for authorization, and title II of that Act (111 Stat. 2392) provided 
the following:
---------------------------------------------------------

                        ``economic support fund
---------------------------------------------------------
    ``For necessary expenses to carry out the provisions of chapter 4 
of part II, $2,400,000,000, to remain available until September 30, 
1999: Provided, That of the funds appropriated under this heading, not 
less than $1,200,000,000 shall be available only for Israel, which sum 
shall be available on a grant basis as a cash transfer and shall be 
disbursed within 30 days of enactment of this Act or by October 31, 
1997, whichever is later: Provided further, That not less than 
$815,000,000 shall be available only for Egypt, which sum shall be 
provided on a grant basis, and of which sum cash transfer assistance 
may be provided, with the understanding that Egypt will undertake 
significant economic reforms which are additional to those which were 
undertaken in previous fiscal years: Provided further, That in 
exercising the authority to provide cash transfer assistance for 
Israel, the President shall ensure that the level of such assistance 
does not cause an adverse impact on the total level of nonmilitary 
exports from the United States to such country: Provided further, That 
of the funds appropriated under this heading, not less than 
$150,000,000 shall be made available for Jordan: Provided further, That 
of the funds made available under this heading in previous Acts making 
appropriations for foreign operations, export financing, and related 
programs, notwithstanding any provision in any such heading in such 
previous Acts, up to $116,000,000 may be allocated or made available 
for programs and activities under this heading including the Middle 
East Peace and Stability Fund: Provided further, That in carrying out 
the previous proviso, the President should seek to ensure to the extent 
feasible that not more than 1 percent of the amount specified in 
section 586 of this Act should be derived from funds that would 
otherwise be made available for any single country: Provided further, 
That funds provided for the Middle East Peace and Stability Fund by a 
country in the region under the authority of section 635(d) of the 
Foreign Assistance Act of 1961, and funds made available for Jordan 
following the date of enactment of this Act from previous Acts making 
appropriations for foreign operations, export financing, and related 
programs, shall count toward meeting the earmark contained in the 
fourth proviso under this heading: Provided further, That up to 
$10,000,000 of funds under this heading in previous foreign operations, 
export financing, and related programs appropriations Acts that were 
reprogrammed for Jordan during fiscal year 1997 shall also count toward 
such earmark: Provided further, That, in order to facilitate the 
implementation of the fourth proviso under this heading, the 
requirement of section 515 of this Act or any similar provision of law 
shall not apply to the making available of funds appropriated for a 
fiscal year for programs, projects, or activities that were justified 
for another fiscal year: Provided further, That for fiscal year 1998 
such portions of the notification required under section 653 of the 
Foreign Assistance Act of 1961 that relate to the Middle East may be 
submitted to the Congress as soon as practicable, but no later than 
March 1, 1998: Provided further, That during fiscal year 1998, of the 
local currencies generated from funds made available under this heading 
for Guatemala by this Act and prior appropriations Acts, the United 
States and Guatemala may jointly program the Guatemala quetzales 
equivalent of a total of up to $10,000,000 for the purpose of retiring 
the debt owed by universities in Guatemala to the Inter-American 
Development Bank.''.
    See also title II in that Act, paragraph relating to Cyprus, 
paragraph relating to Burma, and title V in that Act, including: sec. 
515--Notification Requirements; sec. 517--Economic Support Fund 
Assistance for Israel; sec. 541--Anti-Narcotics Activities; sec. 565--
Assistance to Turkey; and sec. 586--Assistance for the Middle East.
---------------------------------------------------------
          (2) $1,785,000,000 for the fiscal year 1986 and 
        $1,785,000,000 for the fiscal year 1987 for assistance 
        under this chapter for recipients or purposes other 
        than the countries referred to in paragraph (1).\619\
    (b) Amounts appropriated to carry out this chapter are 
authorized to remain available until expended.
    Sec. 533.\620\ Emergency Assistance.--(a) Of the funds 
appropriated to carry out this chapter up to $75,000,000 for 
the fiscal year 1986 and up to $75,000,000 for the fiscal year 
1987 may be made available for emergency use under this chapter 
when the national interests of the United States urgently 
require economic support to promote economic or political 
stability.

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    \620\ 22 U.S.C. 2346b. Sec. 202 of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1529) 
added sec. 535. Sec. 201(b) of the International Security and 
Development Cooperation Act of 1985 replaced the years ``1982'' and 
``1983'' with ``1986'' and ``1987''.
---------------------------------------------------------
    (b) Notwithstanding any provision of this chapter or of an 
appropriations act (including a joint resolution making 
continuing appropriations) which earmarks funds available to 
carry out this chapter for a specific country or purpose, up to 
5 percent of each amount so earmarked may be used to carry out 
this section.
    Sec. 534.\621\, \622\ Administration of 
Justice.--(a) The President may furnish assistance under this 
chapter to countries and organizations, including national and 
regional institutions, in order to strengthen the 
administration of justice in countries in Latin America and the 
Caribbean.

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    \621\ 22 U.S.C. 2346c. Sec. 534 was added by sec. 712 of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 244).
    \622\ Sec. 541 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2418), provided the following:
---------------------------------------------------------

                      ``anti-narcotics activities
---------------------------------------------------------
    ``Sec. 541. (a) Of the funds appropriated or otherwise made 
available by this Act for `Economic Support Fund', assistance may be 
provided to strengthen the administration of justice in countries in 
Latin America and the Caribbean and in other regions consistent with 
the provisions of section 534(b) of the Foreign Assistance Act of 1961, 
except that programs to enhance protection of participants in judicial 
cases may be conducted notwithstanding section 660 of that Act.
    ``(b) Funds made available pursuant to this section may be made 
available notwithstanding section 534(c) and the second and third 
sentences of section 534(e) of the Foreign Assistance Act of 1961. 
Funds made available pursuant to subsection (a) for Bolivia, Colombia, 
and Peru may be made available notwithstanding section 534(c) and the 
second sentence of section 534(e) of the Foreign Assistance Act of 
1961.''.
---------------------------------------------------------
    (b) Assistance under this section may only include--
          (1) support for specialized professional training, 
        scholarships, and exchanges for continuing legal 
        education;
          (2) programs to enhance prosecutorial and judicial 
        capabilities and protection for participants in 
        judicial cases;
          (3) \623\ notwithstanding section 660 of this Act--

-----------------------------------------------------------------------
    \623\ Par. (3) was amended by sec. 579 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1988 
(Continuing Appropriations for 1988; Public Law 100-202; 101 Stat. 
1329-181). It previously read as follows: ``(3) notwithstanding section 
660 of this Act, programs to enhance investigative capabilities, 
conducted under judicial or prosecutorial control''.
    Functions conferred upon the President in subpars. (A), (B), and 
(C) were delegated to the Assistant Administrator for Latin America and 
the Caribbean of the Agency for International Development in Department 
of State Delegation No. 189 of April 4, 1991 (56 F.R. 15127; April 15, 
1991). The same delegation of authority further provided that 
activities covered by the subparagraphs ``* * * shall be implemented in 
coordination with the International Criminal Investigative Training 
Assistance Program of the U.S. Department of Justice. Funds made 
available in any fiscal year for such assistance shall not exceed 
$500,000.''.
---------------------------------------------------------
                  (A) programs to enhance professional 
                capabilities to carry out investigative and 
                forensic functions conducted under judicial or 
                prosecutorial control;
                  (B) programs to assist in the development of 
                academic instruction and curricula for training 
                law enforcement personnel;
                  (C) programs to improve the administrative 
                and management capabilities of law enforcement 
                agencies, especially their capabilities 
                relating to career development, personnel 
                evaluation, and internal discipline procedures; 
                and
                  (D) programs, conducted through multilateral 
                or regional institutions, to improve penal 
                institutions and the rehabilitation of 
                offenders;
          (4) strengthening professional organizations in order 
        to promote services to members and the role of the bar 
        in judicial selection, enforcement of ethical 
        standards, and legal reform;
          (5) increasing the availability of legal materials 
        and publications;
          (6) seminars, conferences, and training and 
        educational programs to improve the administration of 
        justice and to strengthen respect for the rule of law 
        and internationally recognized human rights; and
          (7) revision and modernization of legal codes and 
        procedures.
    (c) \622\ Not more than $20,000,000 of the funds made 
available to carry out this chapter for any fiscal year shall 
be available to carry out this section, in addition to amounts 
otherwise available for such purposes.
    (d) Funds may not be obligated for assistance under this 
section unless the Committee on Foreign Affairs \624\ of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate are notified of the amount and nature of the 
proposed assistance at least 15 days in advance in accordance 
with the procedures applicable to reprogrammings pursuant to 
section 634A of this Act.

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    \624\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------
    (e) \622\, \625\ Personnel of the Department of 
Defense and members of the United States Armed Forces may not 
participate in the provision of training under this section. Of 
the funds made available to carry out this section, not more 
than $10,000,000 may be made available in fiscal year 1991 
\626\ to carry out the provisions of subsection (b)(3) of this 
section. The authority of this section shall expire on 
September 30, 1991.

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    \625\ Subsec. (e) was substantively amended by sec. 579 of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1988 (Continuing Appropriations for 1988; Public 
Law 100-202; 101 Stat. 1329-181). Previously, it had an expiration date 
of September 30, 1987. The authority of this section was further 
extended from September 30, 1989, by the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1990 (Public Law 
101-167; 103 Stat. 1206); and from September 30, 1990, by the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1991 (Public Law 101-513; 104 Stat. 1990). For fiscal year 1992, Public 
Law 102-145, as amended, waived the last sentence with certain 
provisos.
    \626\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 1990), struck out ``fiscal year 1990'' at this point and inserted 
``fiscal year 1991''. Previously, title II of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1990 (Public 
Law 101-167; 103 Stat. 1206), struck out ``each of fiscal years 1988 
and 1989'' at this point and inserted ``fiscal year 1990''. Public Law 
101-513 also amended the third sentence to extend the authority of this 
section to 1991.
    Sec. 2(b)(6) of the International Narcotics Control Act of 1990 
(Public Law 101-623; 104 Stat. 3351), raised authorization from 
$7,000,000 to $10,000,000, and extended authorization to 1991, which 
was already extended by Public Law 101-513.
---------------------------------------------------------
    Sec. 535.\627\ Economic Support for Disadvantaged South 
Africans.--* * * [Repealed--1993]

-----------------------------------------------------------------------
    \627\ Formerly at 22 U.S.C. 2346d. Sec. 535 was repealed by sec. 
4(a)(3)(B) of the South African Democratic Transition Support Act of 
1993 (Public Law 103-149; 107 Stat. 1505). It originally was added by 
sec. 511 of Public Law 99-440 (100 Stat. 411). Sec. 535 provided up to 
$40,000,000 in each fiscal year for or assistance for activities 
supporting disadvantaged South Africans, including scholarships, 
participation in trade unions, private enterprise, and alternative 
education and community development programs.
---------------------------------------------------------

     Chapter 5--International Military Education and Training \628\

    Sec. 541.\629\ General Authority.--The President is 
authorized to furnish, on such terms and conditions consistent 
with this Act as the President may determine (but whenever 
feasible on a reimbursable basis), military education and 
training to military and related civilian personnel of foreign 
countries. Such civilian personnel shall include foreign 
governmental personnel of ministries other than ministries of 
defense, and may also include legislators \630\ and individuals 
who are not members of the government,\631\ if the military 
education and training would (i) contribute to responsible 
defense resource management, (ii) foster greater respect for 
and understanding of the principle of civilian control of the 
military, (iii) contribute to cooperation between military and 
law enforcement personnel with respect to counternarcotics law 
enforcement efforts, or (iv) \632\ improve military justice 
systems and procedures in accordance with internationally 
recognized human rights.\633\ Such training and education may 
be provided through--

-----------------------------------------------------------------------
    \628\ Ch. 5 was added by sec. 106(a) of the International Security 
Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 
Stat. 732).
    \629\ 22 U.S.C. 2347.
    \630\ Sec. 10(1) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4934) inserted ``, and may also include 
legislators,'' after ``ministries of defense''.
    \631\ Sec. 112(a) of Public Law 104-164 (110 Stat. 1427) added 
``and individuals who are not members of the government'' after 
``legislators''.
    \632\ Sec. 10(2) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4934) redesignated clause (iii) as (iv) 
and inserted clause (iii).
    \633\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 1997), added this sentence.
    Sec. 111 of Public Law 104-164 (110 Stat. 1427) provided the 
following:
    ``sec. 111. assistance for indonesia.
    ``Funds made available for fiscal years 1996 and 1997 to carry out 
chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 
2347 et seq.) may be obligated for Indonesia only for expanded military 
and education training that meets the requirements of clauses (i) 
through (iv) of the second sentence of section 541 of such Act (22 
U.S.C. 2347).''.
---------------------------------------------------------
          (1) attendance at military educational and training 
        facilities in the United States (other than Service 
        academies) and abroad;
          (2) attendance in special courses of instruction at 
        schools and institutions of learning or research in the 
        United States and abroad; and
          (3) observation and orientation visits to military 
        facilities and related activities in the United States 
        and abroad.
    Sec. 542.\634\ Authorization.--There are authorized to be 
appropriated to the President to carry out the purposes of this 
chapter $56,221,000 for the fiscal year 1986 and $56,221,000 
for the fiscal year 1987.\635\, \636\

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    \634\ 22 U.S.C. 2347a.
    \635\ The authorization figures for fiscal year 1986 and 1987 were 
added by sec. 104 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195). 
Authorizations under sec. 542 during recent years included the 
following: fiscal year 1976--$27,000,000; fiscal year 1977--
$30,200,000; fiscal year 1978--$31,000,000; fiscal year 1979--
$31,800,000; fiscal year 1980--$31,800,000; fiscal year 1981--
$34,000,000; fiscal year 1982--$42,000,000; fiscal year 1983--
$42,000,000; fiscal year 1984--$56,452,000; fiscal year 1985--no 
authorization; fiscal year 1988--no authorization; fiscal year 1989--no 
authorization; fiscal year 1990--no authorization; fiscal year 1991--no 
authorization; fiscal year 1992--no authorization; fiscal year 1993--no 
authorization; fiscal year 1994--no authorization; fiscal year 1995--no 
authorization; fiscal year 1996--no authorization; fiscal year 1997--no 
authorization.
    Congress did not enact an authorization for fiscal year 1998. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118), waived the requirements 
for authorization, and title III of that Act (111 Stat. 2400) provided 
the following:
---------------------------------------------------------

            ``international military education and training
---------------------------------------------------------
    ``For necessary expenses to carry out the provisions of section 541 
of the Foreign Assistance Act of 1961, $50,000,000: Provided, That the 
civilian personnel for whom military education and training may be 
provided under this heading may include civilians who are not members 
of a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for 
human rights: Provided further, That funds appropriated under this 
heading for grant financed military education and training for 
Indonesia and Guatemala may only be available for expanded 
international military education and training and funds made available 
for Guatemala may only be provided through the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
none of the funds appropriated under this heading may be made available 
to support grant financed military education and training at the School 
of the Americas unless: (1) the Secretary of Defense certifies that the 
instruction and training provided by the School of the Americas is 
fully consistent with training and doctrine, particularly with respect 
to the observance of human rights, provided by the Department of 
Defense to United States military students at Department of Defense 
institutions whose primary purpose is to train United States military 
personnel; (2) the Secretary of Defense certifies that the Secretary of 
State, in consultation with the Secretary of Defense, has developed and 
issued specific guidelines governing the selection and screening of 
candidates for instruction at the School of the Americas; and (3) the 
Secretary of Defense submits to the Committees on Appropriations a 
report detailing the training activities of the School of the Americas 
and a general assessment regarding the performance of its graduates 
during 1996.''.
    See also in that Act: sec. 505--Limitation on Representational 
Allowances; 515--Notification Requirements; sec. 556--Prohibition of 
Payment of Certain Expenses; sec. 584--International Military Education 
and Training Programs for Latin America; and sec. 586--Assistance for 
the Middle East.
    \636\ Sec. 734(a)(1) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
the second sentence of sec. 542. This sentence had prohibited training 
under this section outside the United States after June 30, 1976, 
unless the President reported and justified such training to the 
Congress.
---------------------------------------------------------
    Sec. 543.\637\ Purposes.--Education and training activities 
conducted under this chapter shall be designed--

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    \637\ 22 U.S.C. 2347b.
---------------------------------------------------------
          (1) to encourage effective and mutually beneficial 
        relations and increased understanding between the 
        United States and foreign countries in furtherance of 
        the goals of international peace and security;
          (2) to improve the ability of participating foreign 
        countries to utilize their resources, including defense 
        articles and defense services obtained by them from the 
        United States, with maximum effectiveness, thereby 
        contributing to greater self-reliance by such 
        countries; and
          (3) \638\ to increase the awareness of nationals of 
        foreign countries participating in such activities of 
        basic issues involving internationally recognized human 
        rights.

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    \638\ Par. (3) was added by sec. 11(b)(3) of the International 
Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 736).
---------------------------------------------------------
    Sec. 544.\639\ Exchange Training.--(a) \640\ In carrying 
out this chapter, the President is authorized to provide for 
attendance of foreign military personnel at professional 
military education institutions in the United States \641\ 
(other than service academies) without charge, and without 
charge to funds available to carry out this chapter 
(notwithstanding section 632(d) of this Act), if such 
attendance is pursuant to an agreement providing for the 
exchange of students on a one-for-one, reciprocal basis each 
fiscal year between those United States professional military 
education institutions and comparable institutions of foreign 
countries and international organizations.

-----------------------------------------------------------------------
    \639\ 22 U.S.C. 2347c. Sec. 544 was added by sec. 126 of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 205).
    \640\ Sec. 112(b) of Public Law 104-164 (110 Stat. 1427) added 
subsec. designation ``(a)'' and added subsec. (b).
    \641\ Sec. 935 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 provided the following:
    ``(a) Authority.--The United States Army Russian Institute in 
Garmisch-Partenkirchen, Federal Republic of Germany, shall be treated 
for purposes of section 544 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2347c) as if it were located in the United States.
    ``(b) Expiration of Authority.--Subsection (a) shall cease to be in 
effect upon the enactment in foreign assistance authorizing legislation 
of an amendment to section 544 of the Foreign Assistance Act of 1961 
that provides the same authority as is provided by subsection (a).''.
---------------------------------------------------------
    (b) \640\ The President may provide for the attendance of 
foreign military and civilian defense personnel at flight 
training schools and programs (including test pilot schools) in 
the United States without charge, and without charge to funds 
available to carry out this chapter (notwithstanding section 
632(d) of this Act), if such attendance is pursuant to an 
agreement providing for the exchange of students on a one-for-
one basis each fiscal year between those United States flight 
training schools and programs (including test pilot schools) 
and comparable flight training schools and programs of foreign 
countries.
    Sec. 545.\642\ Training in Maritime Skills.--The President 
is encouraged to allocate a portion of the funds made available 
each fiscal year to carry out this chapter for use in providing 
education and training in maritime search and rescue, operation 
and maintenance of aids to navigation, port security, at-sea 
law enforcement, international maritime law, and general 
maritime skills.

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    \642\ 22 U.S.C. 2347d. Added by sec. 127(a) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 205).
---------------------------------------------------------

SEC. 546.\643\ PROHIBITION ON GRANT ASSISTANCE FOR CERTAIN HIGH INCOME 
                    FOREIGN COUNTRIES.

    (a) In General.--None of the funds made available for a 
fiscal year for assistance under this chapter may be made 
available for assistance on a grant basis for any of the high-
income foreign countries described in subsection (b) for 
military education and training of military and related 
civilian personnel of such country.

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    \643\ 22 U.S.C. 2347c. Added by sec. 112(c)(1) of Public Law 104-
164 (110 Stat. 1427).
---------------------------------------------------------
    (b) High-Income Foreign Countries Described.--The high-
income foreign countries described in this subsection are 
Austria, Finland, the Republic of Korea, Singapore, and Spain.

                Chapter 6--Peacekeeping Operations \644\

    Sec. 551.\645\ General Authority.--The President is 
authorized to furnish assistance to friendly countries and 
international organizations, on such terms and conditions as he 
may determine, for peacekeeping operations and other programs 
carried out in furtherance of the national security interests 
of the United States. Such assistance may include reimbursement 
to the Department of Defense for expenses incurred pursuant to 
section 7 of the United Nations Participation Act of 1945,\646\ 
except that such reimbursements may not exceed $5,000,000 in 
any fiscal year unless a greater amount is specifically 
authorized by this section.\647\

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    \644\ Ch. 6 was added by sec. 12(a) of the International Security 
Assistance Act of 1978 (Public Law 95-384; 92 Stat. 736).
    \645\ 22 U.S.C. 2348.
    \646\ For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. H.
    \647\ The final sentence in this section was added by sec. 10(b) of 
the International Security Assistance Act of 1979 (Public Law 96-92; 93 
Stat. 705).
---------------------------------------------------------
    Sec. 552.\648\ Authorization of Appropriations.--(a) There 
are authorized to be appropriated to the President to carry out 
the purposes of this chapter, in addition to amounts otherwise 
available for such purposes, $37,000,000 for the fiscal year 
1986 and $37,000,000 for the fiscal year 1987.\649\

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    \648\ 22 U.S.C. 2348a.
    \649\ The authorization figures for fiscal years 1986 and 1987 were 
added by sec. 105(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195). 
Authorizations under sec. 552 during recent years included the 
following: fiscal year 1979--$30,900,000; fiscal year 1980--
$21,100,000; fiscal year 1981--$25,000,000; fiscal year 1982--
$19,000,000; fiscal year 1983--$19,000,000; fiscal year 1984--
$46,200,000; fiscal year 1985--no authorization; fiscal year 1988--no 
authorization; fiscal year 1989--no authorization; fiscal year 1990--no 
authorization; fiscal year 1991--no authorization; fiscal year 1992--no 
authorization; fiscal year 1993--no authorization; fiscal year 1994--no 
authorization; fiscal year 1995--no authorization; fiscal year 1996--no 
authorization; fiscal year 1997--no authorization.
    Sec. 4(b)(1) of Public Law 97-132 (95 Stat. 1694) authorized an 
additional $125,000,000 to carry out this chapter during fiscal year 
1982 for use in paying the U.S. contribution to the budget of the 
Multinational Force and Observers in Sinai. See Legislation on Foreign 
Relations Through 1997, vol. II, sec. G.
    Congress did not enact an authorization for fiscal year 1998. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118), waived the requirements 
for authorization. Title III of that Act (111 Stat. 2403) provided the 
following:
---------------------------------------------------------

                       ``peacekeeping operations
---------------------------------------------------------
    ``For necessary expenses to carry out the provisions of section 551 
of the Foreign Assistance Act of 1961, $77,500,000: Provided, That none 
of the funds appropriated under this heading shall be obligated or 
expended except as provided through the regular notification procedures 
of the Committees on Appropriations.''.
    See also in that Act: sec. 515--Notification Requirements; and sec. 
586--Assistance for the Middle East.
    See also the 1997 Emergency Supplemental Appropriations Act for 
Recovery From Natural Disasters, and For Overseas Peacekeeping Efforts, 
Including Those in Bosnia (Public Law 105-18; 111 Stat. 158).
---------------------------------------------------------
    (b) Amounts appropriated under this section are authorized 
to remain available until expended.
    (c) \650\ If the President determines that, as the result 
of an unforeseen emergency, the provision of assistance under 
this chapter in amounts in excess of funds otherwise available 
for such assistance is important to the national interests of 
the United States, the President may (1) exercise the authority 
of section 610(a) of this Act to transfer funds available to 
carry out chapter 4 of this part for use under this chapter 
without regard to the 20-percent increase limitation contained 
in such section, except that the total amount so transferred in 
any fiscal year may not exceed $15,000,000; and \651\ (2) \652\ 
in the event the President also determines that such unforeseen 
emergency requires the immediate provision of assistance under 
this chapter, direct the drawdown of commodities and services 
from the inventory and resources of any agency of the United 
States Government of an aggregate value not to exceed 
$25,000,000 in any fiscal year.\653\

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    \650\ Subsec. (c) was added by sec. 10(c) of the International 
Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 705).
    Sec. 553 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2422), 
provided the following:
---------------------------------------------------------

                    ``war crimes tribunals drawdown

-----------------------------------------------------------------------
    Sec. 553. If the President determines that doing so will contribute 
to a just resolution of charges regarding genocide or other violations 
of international humanitarian law, the President may direct a drawdown 
pursuant to section 552(c) of the Foreign Assistance Act of 1961, as 
amended, of up to $25,000,000 of commodities and services for the 
United Nations War Crimes Tribunal established with regard to the 
former Yugoslavia by the United Nations Security Council or such other 
tribunals or commissions as the Council may establish to deal with such 
violations, without regard to the ceiling limitation contained in 
paragraph (2) thereof: Provided, That the determination required under 
this section shall be in lieu of any determinations otherwise required 
under section 552(c): Provided further, That 60 days after the date of 
enactment of this Act, and every 180 days thereafter, the Secretary of 
State shall submit a report to the Committees on Appropriations 
describing the steps the United States Government is taking to collect 
information regarding allegations of genocide or other violations of 
international law in the former Yugoslavia and to furnish that 
information to the United Nations War Crimes Tribunal for the former 
Yugoslavia.''.
    \651\ Sec. 114(b) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1528) increased 
the amount which may be transferred in any fiscal year from $10,000,000 
to $15,000,000 and deleted language prohibiting earmarked funds from 
being transferred.
    \652\ Subsec. (c), par. (2), and subsec. (d) were added by sec. 
105(b) of the International Security and Development Cooperation Act of 
1985 (Public Law 99-83; 99 Stat. 195).
    \653\ In a memorandum of December 11, 1996, for the Secretaries of 
State and Defense, the President determined, pursuant to secs. 
552(c)(2) and 614(a)(1) of this Act, that:
    ``(1) as a result of an unforeseen emergency, the provision of 
assistance under Chapter 6 of Part II of the Act in amounts in excess 
of funds otherwise available for such assistance is important to the 
national interests of the United States;
    ``(2) an unforeseen emergency requires the immediate provision of 
assistance under Chapter 6 of Part II of the Act; and
    ``(3) it is important to the security interests of the United 
States to furnish up to $4 million of commodities and services from the 
inventory of the Department of Defense to support a Peace Monitoring 
Force in northern Iraq, without regard to any provision of law within 
the scope of section 614(a)(1) of the Act, including various 
restrictions on providing assistance to Iraq.
    ``I therefore direct the drawdown of commodities and services from 
the inventory and resources of the Department of Defense of an 
aggregate value not to exceed $4 million to support a Peace Monitoring 
Force in northern Iraq.'' (Presidential Determination No. 97-12; 61 
F.R. 67685).
---------------------------------------------------------
    (d) \652\ There are authorized to be appropriated to the 
President such sums as may be necessary to reimburse the 
applicable appropriation, fund, or account for commodities and 
services provided under subsection (c)(2).
    Sec. 553.\654\ Middle East Special Requirements Fund.--* * 
* [Repealed--1980]

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    \654\ The Middle East Special Requirements Fund was originally 
added as sec. 903 of this Act by the FA Act of 1974 and moved to sec. 
553 by the International Security Assistance Act of 1978 (Public Law 
95-384; 92 Stat. 737). Sec. 553 was repealed by sec. 116(b) of the 
International Security and Development Cooperation Act of 1980 (Public 
Law 96-533; 94 Stat. 3140).
---------------------------------------------------------
    Sec. 553.\655\ Administrative Authorities.--Except where 
expressly provided to the contrary, any reference in any law to 
part I of this Act shall be deemed to include reference to this 
chapter and any reference in any law to part II of this Act 
shall be deemed to exclude reference to this chapter.

-----------------------------------------------------------------------
    \655\ 22 U.S.C. 2348c. Originally added as sec. 554, was 
redesignated as sec. 553 by sec. 116(b) of the International Security 
and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 
3140).
---------------------------------------------------------

            Chapter 7--Air Base Construction in Israel \656\
    Sec. 561.\657\ General Authority.--The President is 
authorized--

-----------------------------------------------------------------------
    \656\ Ch. 7 was added by sec. 3 of the Special International 
Security Assistance Act of 1979 (Public Law 96-35; 93 Stat. 89).
    \657\ 22 U.S.C. 2349.
---------------------------------------------------------
          (1) to construct such air bases in Israel for the 
        Government of Israel as may be agreed upon between the 
        Government of Israel and the Government of the United 
        States to replace the Israeli airbases located at 
        Etzion and Etam on the Sinai peninsula that are to be 
        evacuated by the Government of Israel; and
          (2) for purposes of such construction, to furnish as 
        a grant to the Government of Israel, on such terms and 
        conditions as the President may determine, defense 
        articles and defense services, which he may acquire 
        from any source, of a value not to exceed the amount 
        appropriated pursuant to section 562(a).
    Sec. 562.\658\ Authorization and Utilization of Funds.--(a) 
There is authorized to be appropriated to the President to 
carry out this chapter not to exceed $800,000,000, which may be 
made available until expended.\659\

-----------------------------------------------------------------------
    \658\ 22 U.S.C. 2349a.
    \659\ The Supplemental Appropriations Act, 1979 (Public Law 96-35; 
93 Stat. 103), provided the following:
    ``For necessary expenses to carry out the provisions of chapter 7 
of the Foreign Assistance Act of 1961, as amended, $800,000,000, to 
remain available until expended: Provided, That authority to enter into 
contracts may be exercised to the extent necessary to carry out the 
purposes of that chapter.''.
---------------------------------------------------------
    (b) Upon agreement by the Government of Israel to provide 
to the Government of the United States funds equal to the 
difference between the amount required to complete the agreed 
construction work and the amount appropriated pursuant to 
subsection (a) of this section, and to make those funds 
available, in advance of the time when payments are due, in 
such amounts and at such times as may be required by the 
Government of the United States to meet those additional costs 
of construction, the President may incur obligations and enter 
into contracts to the extent necessary to complete the agreed 
construction work, except that this authority shall be 
effective only to such extent or in such amounts as are 
provided in advance in appropriation Acts.
    (c) Funds made available by the Government of Israel 
pursuant to subsection (b) of this section may be credited to 
the appropriation account established to carry out the purposes 
of this section for the payment of obligations incurred and for 
refund to the Government of Israel if they are unnecessary for 
that purpose, as determined by the President. Credits and the 
proceeds of guaranteed loans made available to the Government 
of Israel pursuant to the Arms Export Control Act, as well as 
any other source of financing available to it, may be used by 
Israel to carry out its undertaking to provide such additional 
funds.
    Sec. 563.\660\ Waiver Authorities.--(a) It is the sense of 
the Congress that the President should take all necessary 
measures consistent with law to insure the efficient and timely 
completion of the construction authorized by this chapter, 
including the exercise of authority vested in him by section 
633(a) of this Act.

-----------------------------------------------------------------------
    \660\ 22 U.S.C. 2349b. See also sec. 6 of Executive Order 11223 
which pertains to the administration of this chapter, in Legislation on 
Foreign Relations Through 1997, vol. I-B.
---------------------------------------------------------
    (b) The provisions of paragraph (3) of section 636(a) of 
this Act shall be applicable to the use of funds available to 
carry out this chapter, except that no more than sixty persons 
may be engaged at any one time under that paragraph for 
purposes of this chapter.

               Chapter 8--Antiterrorism Assistance \661\

    Sec. 571.\662\ General Authority.--Notwithstanding any 
other provision of law that restricts assistance to foreign 
countries (other than sections 502B and 620A of this Act),\663\ 
the President is authorized to furnish, on such terms and 
conditions as the President may determine, assistance to 
foreign countries in order to enhance the ability of their law 
enforcement personnel to deter terrorists and terrorist groups 
from engaging in international terrorist acts such as bombing, 
kidnaping, assassination, hostage taking, and hijacking. Such 
assistance may include training services and the provision of 
equipment and other commodities related to bomb detection and 
disposal, management of hostage situations, physical security, 
and other matters relating to the detection, deterrence, and 
prevention of acts of terrorism, the resolution of terrorist 
incidents, and the apprehension of those involved in such acts.

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    \661\ Ch. 8 was added by the International Security and Development 
Assistance Authorizations Act of 1983 (sec. 101(b)(2) of the Further 
Continuing Appropriations, 1984; Public Law 98-151; 97 Stat. 972). 
Pursuant to Public Law 98-151, ch. 8 was enacted as contained in title 
II of H.R. 2992, as reported by the House Committee on Foreign Affairs 
on May 17, 1983, except for sec. 575 (redesignated in 1996 as sec. 
574), which was included in Public Law 98-151.
    Sec. 122 of Public Law 104-164 (110 Stat. 1428) provided the 
following:
    ``sec. 122. research and development expenses.
    ``Funds made available for fiscal years 1996 and 1997 to carry out 
chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 
2349aa et seq.; relating to antiterrorism assistance) may be made 
available to the Technical Support Working Group of the Department of 
State for research and development expenses related to contraband 
detection technologies or for field demonstrations of such technologies 
(whether such field demonstrations take place in the United States or 
outside the United States).''.
    \662\ 22 U.S.C. 2349aa. Delegation of Authority No. 145 (February 
4, 1984) delegated the functions conferred upon the President by 
chapter 8 to the Director of the Office for Combating Terrorism.
    \663\ Sec. 121(a) of Public Law 104-164 (110 Stat. 1428) struck out 
``Subject to the provisions of this chapter'', and inserted in lieu 
thereof ``Notwithstanding any other provision of law that restricts 
assistance to foreign countries (other than sections 502B and 620A of 
this Act)''.
---------------------------------------------------------
    Sec. 572.\664\ Purposes.--Activities conducted under this 
chapter shall be designed--

-----------------------------------------------------------------------
    \664\ 22 U.S.C. 2349aa-1.
---------------------------------------------------------
          (1) to enhance the antiterrorism skills of friendly 
        countries by providing training and equipment to deter 
        and counter terrorism;
          (2) to strengthen the bilateral ties of the United 
        States with friendly governments by offering concrete 
        assistance in this area of great mutual concern; and
          (3) to increase respect for human rights by sharing 
        with foreign civil authorities modern, humane, and 
        effective antiterrorism techniques.
    Sec. 573.\665\ Limitations.--(a) Whenever the President 
determines it to be consistent with and in furtherance of the 
purposes of this chapter, and on such terms and conditions 
consistent with this Act as he may determine, any agency of the 
United States Government is authorized to furnish services and 
commodities, without charge to funds available to carry out 
this chapter, to an eligible foreign country, subject to 
payment in advance of the value thereof (within the meaning of 
section 644(m)) in United States dollars by the foreign 
country. Credits and the proceeds of guaranteed loans made 
available to such countries pursuant to the Arms Export Control 
Act shall not be used for such payments. Collections under this 
chapter shall be credited to the currently applicable 
appropriation, account, or fund of the agency providing such 
services and commodities and shall be available for the 
purposes for which such appropriation, account, or fund is 
authorized to be used.

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    \665\ 22 U.S.C. 2349aa-2. Sec. 121(b)(1) of Public Law 104-164 (110 
Stat. 1428) struck out ``Specific Authorities and'' from the section 
heading. Sec. 121(b)(2) of that Public Law struck out subsec. (a) of 
this section and redesignated subsecs. (b) through (f) as subsecs. (a) 
through (e), respectively. Subsec. (f), however, had been struck out 
previously by Public Law 104-132 (see note below). Subsec. (a) had read 
as follows:
    ``(a) Notwithstanding section 660 of this Act, services and 
commodities may be granted for the purposes of this chapter to eligible 
foreign countries, subject to reimbursement of the value thereof 
(within the meaning of section 644(m)) pursuant to section 632 of this 
Act from funds available to carry out this chapter.''.
---------------------------------------------------------
    (b) The Assistant Secretary of State for Democracy, Human 
Rights, and Labor \666\ shall be consulted in the \667\ 
determinations of the foreign countries that will be furnished 
assistance under this chapter and determinations of the nature 
of assistance to be furnished to each such country.

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    \666\ Sec. 163(e)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), amended 
the title designation by striking out ``Human Rights and Humanitarian 
Affairs'', and inserting in lieu thereof ``Democracy, Human Rights, and 
Labor''.
    \667\ Sec. 328(a)(1) of the Antiterrorism and Effective Death 
Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1257) struck out 
``development and implementation of the antiterrorism assistance 
program under this chapter, including'' at this point.
---------------------------------------------------------
    (c) \668\ (1) Arms and ammunition may be provided under 
this chapter only if they are directly related to antiterrorism 
assistance.

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    \668\ Subsec. (c), redesignated from subsec. (d) by sec. 121(b)(3) 
of Public Law 104-164 (110 Stat. 1428), was amended and restated by 
sec. 328(a)(2) of the Antiterrorism and Effective Death Penalty Act of 
1996 (Public Law 104-132; 110 Stat. 1257). Portions were amended and 
restated earlier by sec. 213(b) of Public Law 101-604 (104 Stat. 3086), 
sec. 507 of Public Law 99-399 (100 Stat. 873).
    In view of amendments to this subsection by Public Law 104-132, 
amendments contained in sec. 121(b)(4) of Public Law 104-164 (110 Stat. 
1428) cannot be executed. Sec. 121(b)(4) of that Public Law required:
    ``(b) limitations.--Section 573 of such Act (22 U.S.C. 2349aa-2) is 
amended-- * * *
---------------------------------------------------------

          ``(4) in subsection (c) (as redesignated)--

                  ``(A) by striking paragraphs (1) and (2);
                  ``(B) by redesignating paragraphs (3) through (5) as 
                paragraphs (1) through (3), respectively; and
                  ``(C) by amending paragraph (2) (as redesignated) to 
                read as follows:
---------------------------------------------------------
    ``(2)(A) Except as provided in subparagraph (B), funds made 
available to carry out this chapter shall not be made available for the 
procurement of weapons and ammunition.
    ``(B) Subparagraph (A) shall not apply to small arms and ammunition 
in categories I and III of the United States Munitions List that are 
integrally and directly related to antiterrorism training provided 
under this chapter if, at least 15 days before obligating those funds, 
the President notifies the appropriate congressional committees 
specified in section 634A of this Act in accordance with the procedures 
applicable to reprogramming notifications under such section.
    ``(C) The value (in terms of original acquisition cost) of all 
equipment and commodities provided under this chapter in any fiscal 
year may not exceed 25 percent of the funds made available to carry out 
this chapter for that fiscal year.''.
---------------------------------------------------------
    (2) The value (in terms of original acquisition cost) of 
all equipment and commodities provided under this chapter in 
any fiscal year shall not exceed 30 percent of the funds made 
available to carry out this chapter for that fiscal year.
    (d) This chapter does not apply to information exchange 
activities conducted by agencies of the United States 
Government under other authority for such purposes.
    (f) \669\ [Repealed--1996]

-----------------------------------------------------------------------
    \669\ Subsec. (f) was added by sec. 501(c) of Public Law 99-83 (99 
Stat. 221), and struck out by sec. 328(a)(3) of the Antiterrorism and 
Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 
1257). It had read as follows:
    ``(f) Funds made available to carry out this chapter may not be 
used for personnel compensation or benefits.''.
---------------------------------------------------------
    Sec. 574.\670\ * * * [Repealed--1996]

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    \670\ Formerly at 22 U.S.C. 2349aa-3. Sec. 121(c) of Public Law 
104-164 (110 Stat. 1428) repealed sec. 574, which had required reports 
to Congress on antiterrorism assistance.
---------------------------------------------------------
    Sec. 574.\671\ Authorizations of Appropriations.--(a) There 
are authorized to be appropriated to the President to carry out 
this chapter $9,840,000 for the fiscal year 1986 and 
$14,680,000 for the fiscal year 1987.

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    \671\ 22 U.S.C. 2349aa-4. Redesignated from sec. 575 to sec. 574 by 
sec. 121(d) of Public Law 104-164 (110 Stat. 1428). The authorization 
for fiscal year 1986 was enacted by sec. 501(a) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 219). The authorization for fiscal year 1987 of $14,680,000 was 
inserted in lieu of the amount of $9,840,000 (originally enacted by 
Public Law 99-83) by sec. 401 of Public Law 99-399 (100 Stat. 862). 
Previous authorizations include: fiscal year 1984--$5,000,000; fiscal 
year 1985--no authorization; fiscal year 1988--no authorization; fiscal 
year 1989--no authorization; fiscal year 1990--no authorization; fiscal 
year 1991--no authorization; fiscal year 1992--no authorization; fiscal 
year 1993--no authorization; fiscal year 1994--no authorization; fiscal 
year 1995--no authorization; fiscal year 1996--no authorization; fiscal 
year 1997--no authorization.
    Congress did not enact an authorization for fiscal year 1998. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118), waived the requirements 
for authorization, and title II of that Act (111 Stat. 2399) provided 
the following:
---------------------------------------------------------

   ``nonproliferation, anti-terrorism, demining and related programs
---------------------------------------------------------
    ``For necessary expenses for nonproliferation, anti-terrorism and 
related programs and activities, $133,000,000, to carry out the 
provisions of chapter 8 of part II of the Foreign Assistance Act of 
1961 for anti-terrorism assistance, section 504 of the FREEDOM Support 
Act for the Nonproliferation and Disarmament Fund, section 23 of the 
Arms Export Control Act or the Foreign Assistance Act of 1961 for 
demining, the clearance of unexploded ordnance, and related activities, 
notwithstanding any other provision of law, including activities 
implemented through nongovernmental and international organizations, 
section 301 of the Foreign Assistance Act of 1961 for a voluntary 
contribution to the International Atomic Energy Agency (IAEA) and a 
voluntary contribution to the Korean Peninsula Energy Development 
Organization (KEDO): Provided, That of this amount not to exceed 
$15,000,000, to remain available until expended, may be made available 
for the Nonproliferation and Disarmament Fund, notwithstanding any 
other provision of law, to promote bilateral and multilateral 
activities relating to nonproliferation and disarmament: Provided 
further, That such funds may also be used for such countries other than 
the new independent states of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so: Provided further, That such funds shall be 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That funds appropriated under this 
heading may be made available for the International Atomic Energy 
Agency only if the Secretary of State determines (and so reports to the 
Congress) that Israel is not being denied its right to participate in 
the activities of that Agency: Provided further, That not to exceed 
$30,000,000 may be made available to the Korean Peninsula Energy 
Development Organization (KEDO) only for the administrative expenses 
and heavy fuel oil costs associated with the Agreed Framework: Provided 
further, That such funds may be obligated to KEDO only if, 30 days 
prior to such obligation of funds, the President certifies and so 
reports to Congress that: (1)(A) the parties to the Agreed Framework 
are taking steps to assure that progress is made on the implementation 
of the January 1, 1992, Joint Declaration on the Denuclearization of 
the Korean Peninsula and the implementation of the North-South 
dialogue, and (B) North Korea is complying with the other provisions of 
the Agreed Framework between North Korea and the United States and with 
the Confidential Minute; (2) North Korea is cooperating fully in the 
canning and safe storage of all spent fuel from its graphite-moderated 
nuclear reactors and that such canning and safe storage is scheduled to 
be completed by April 1, 1998; and (3) North Korea has not 
significantly diverted assistance provided by the United States for 
purposes for which it was not intended: Provided further, That the 
President may waive the certification requirements of the preceding 
proviso if the President determines that it is vital to the national 
security interests of the United States: Provided further, That no 
funds may be obligated for KEDO until 30 calendar days after submission 
to Congress of the waiver permitted under the preceding proviso: 
Provided further, That the obligation of any funds for KEDO shall be 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That the Secretary of State shall 
submit to the appropriate congressional committees an annual report (to 
be submitted with the annual presentation for appropriations) providing 
a full and detailed accounting of the fiscal year request for the 
United States contribution to KEDO, the expected operating budget of 
KEDO, to include unpaid debt, proposed annual costs associated with 
heavy fuel oil purchases, and the amount of funds pledged by other 
donor nations and organizations to support KEDO activities on a per 
country basis, and other related activities: Provided further, That of 
the funds made available under this heading, up to $10,000,000 may be 
made available to KEDO, in addition to funds otherwise made available 
under this heading for KEDO, if the Secretary of State certifies and 
reports to the Committees on Appropriations that, except for the funds 
made available under this proviso, funds sufficient to cover all 
outstanding debts owed by KEDO for heavy fuel oil have been provided to 
KEDO by donors other than the United States.''.
    See also in that Act: sec. 506--Prohibition on Financing Nuclear 
Goods; sec. 515--Notification Requirements; and sec. 586--Assistance 
for the Middle East.
    Sec. 328(b) of the Antiterrorism and Effective Death Penalty Act of 
1996 (Public Law 104-132; 110 Stat. 1257) provided the following:
    ``(b) Assistance to Foreign Countries To Procure Explosives 
Detection Devices and Other Counterterrorism Technology.--(1) Subject 
to section 575(b), up to $3,000,000 in any fiscal year may be made 
available--

          ``(A) to procure explosives detection devices and other 
        counterterrorism technology; and
          ``(B) for joint counterterrorism research and development 
        projects on such technology conducted with NATO and major non-
        NATO allies under the auspices of the Technical Support Working 
        Group of the Department of State.

    ``(2) As used in this subsection, the term `major non-NATO allies' 
means those countries designated as major non-NATO allies for purposes 
of section 2350a(i)(3) of title 10, United States Code.
    ``(c) Assistance to Foreign Countries.--Notwithstanding any other 
provision of law (except section 620A of the Foreign Assistance Act of 
1961) up to $1,000,000 in assistance may be provided to a foreign 
country for counterterrorism efforts in any fiscal year if--

          ``(1) such assistance is provided for the purpose of 
        protecting the property of the United States Government or the 
        life and property of any United States citizen, or furthering 
        the apprehension of any individual involved in any act of 
        terrorism against such property or persons; and
          ``(2) the appropriate committees of Congress are notified not 
        later than 15 days prior to the provision of such 
        assistance.''.
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    (b) Amounts appropriated under this section are authorized 
to remain available until expended.
    Sec. 575.\672\ Administrative Authorities.--Except where 
expressly provided to the contrary, any reference in any law to 
part I of this Act shall be deemed to include reference to this 
chapter and any reference in any law to part II of this Act 
shall be deemed to exclude reference to this chapter.

-----------------------------------------------------------------------
    \672\ 22 U.S.C. 2349aa-5. Redesignated from sec. 576 to sec. 575 by 
sec. 121(d) of Public Law 104-164 (110 Stat. 1428).
---------------------------------------------------------
    Sec. 577.\673\ * * * [Repealed--1985]

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    \673\ Formerly at 22 U.S.C. 2349aa-6. Sec. 577 was repealed by sec. 
501(d) of the International Security and Development Cooperation Act of 
1985 (Public Law 99-83; 99 Stat. 220). The authorities under this 
chapter would have expired on September 30, 1985.
---------------------------------------------------------

                                PART III

                     Chapter 1--General Provisions

    Sec. 601.\674\ Encouragement of Free Enterprise and Private 
Participation.--(a) The Congress of the United States 
recognizes the vital role of free enterprise in achieving 
rising levels of production and standards of living essential 
to economic progress and development. Accordingly, it is 
declared to be the policy of the United States to encourage the 
efforts of other countries to increase the flow of 
international trade, to foster private initiative and 
competition, to encourage the development and use of 
cooperatives, credit unions, and savings and loan associations, 
to discourage monopolistic practices, to improve the technical 
efficiency of their industry, agriculture, and commerce, and to 
strengthen free labor unions; and to encourage the contribution 
of United States enterprise toward economic strength of less 
developed friendly countries, through private trade and 
investment abroad, private participation in programs carried 
out under this Act (including the use of private trade channels 
to the maximum extent practicable in carrying out such 
programs), and exchange of ideas and technical information on 
the matters covered by this subsection.

-----------------------------------------------------------------------
    \674\ 22 U.S.C. 2351.
---------------------------------------------------------
    (b) In order to encourage and facilitate participation by 
private enterprise to the maximum extent practicable in 
achieving any of the purposes of this Act, the President 
shall--
          (1) make arrangements to find, and draw the attention 
        of private enterprise to opportunities for investment 
        and development in less developed countries and areas;
          (2) establish an effective system for obtaining 
        adequate information with respect to the activities of, 
        and opportunities for, nongovernmental participation in 
        the development process, and for utilizing such 
        information in the planning, direction, and execution 
        of programs carried out under this Act, and in the 
        coordination of such programs with the ever-increasing 
        developmental activities of nongovernmental United 
        States institutions;
          (3) \675\ accelerate a program of negotiating 
        treaties for commerce and trade, including tax 
        treaties, which shall include provisions to encourage 
        and facilitate the flow of private investment to, and 
        its equitable treatment in, friendly countries and 
        areas participating in programs under this Act;

-----------------------------------------------------------------------
    \675\ Sec. 301(a)(2) of the FA Act of 1966 redesignated pars. (2), 
(3), (4), (5), and (6) as pars. (3), (4), (5), (6), and (7) 
respectively and added a new par. (2).
---------------------------------------------------------
          (4) \675\ seek, consistent with the national 
        interest, compliance by other countries or areas with 
        all treaties for commerce and trade and taxes, and take 
        all reasonable measures under this Act or other 
        authority to secure compliance therewith and to assist 
        United States citizens in obtaining just compensation 
        for losses sustained by them or payments exacted from 
        them as a result of measures taken or imposed by any 
        country or area thereof in violation of any such 
        treaty;
          (5) \675\ to the maximum extent practicable \676\ 
        carry out programs of assistance through private 
        channels and to the extent practicable in conjunction 
        with local private or governmental participation, 
        including loans under the authority of section 122 
        \677\ to any individual, corporation, or other body of 
        persons; \676\

-----------------------------------------------------------------------
    \676\ Sec. 301(a)(2) of the FA Act of 1963 inserted ``to the 
maximum extent practicable'' in lieu of ``wherever appropriate'', and 
inserted a semicolon for the period at the end of the paragraph.
    \677\ Sec. 102(g)(2)(B) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) inserted 
``122'' in lieu of ``201''.
---------------------------------------------------------
          (6) \678\ take appropriate steps to discourage 
        nationalization, expropriation, confiscation, seizure 
        of ownership or control of private investment and 
        discriminatory or other actions, having the effect 
        thereof, undertaken by countries receiving assistance 
        under this Act, which divert available resources 
        essential to create new wealth, employment, and 
        productivity in those countries and otherwise impair 
        the climate for new private investment essential to the 
        stable economic growth and development of those 
        countries;

-----------------------------------------------------------------------
    \678\ Pars. (6) and (7) were added by sec. 301(a)(3) of the FA Act 
of 1963. Originally added as pars. (5) and (6), they were redesignated 
by sec. 301(a)(2) of the FA Act of 1966.
---------------------------------------------------------
          (7) \678\ utilize wherever practicable the services 
        of United States private enterprise (including, but not 
        limited to, the services of experts and consultants in 
        technical fields such as engineering);
          (8) \679\ utilize wherever practicable the services 
        of United States private enterprise on a cost-plus 
        incentive fee contract basis to provide the necessary 
        skills to develop and operate a specific project or 
        program of assistance in a less developed friendly 
        country or area in any case in which direct private 
        investment is not readily encouraged, and provide where 
        appropriate for the transfer of equity ownership in 
        such project or program to private investors at the 
        earliest feasible time.

-----------------------------------------------------------------------
    \679\ Sec. 301(a)(3) of the FA Act of 1966 added par. (8).
---------------------------------------------------------
    (c) \680\ (1) There is hereby established an International 
Private Investment Advisory Council on Foreign Aid to be 
composed of such number of leading American business 
specialists as may be selected, from time to time, by the 
Administrator of the Agency for International Development for 
the purpose of carrying out the provisions of this 
subsection.\681\ The members of the Council shall serve at the 
pleasure of the Administrator, who shall designate one member 
to serve as Chairman.

-----------------------------------------------------------------------
    \680\ Subsec. (c) was amended by sec. 301(a)(4) of the FA Act of 
1966. It formerly read as follows:
    ``(c)(1) There is hereby established an Advisory Committee on 
Private Enterprise in Foreign Aid. The Advisory Committee shall carry 
out studies and make recommendations for achieving the most effective 
utilization of the private enterprise provisions of this Act to the 
head of the Agency charged with administering the programs under part I 
of this Act, who shall appoint the Committee.
    ``(2) Members of the Advisory Committee shall represent the public 
interest and shall be selected from the business, labor and 
professional world, from the universities and foundations, and from 
among persons with extensive experience in government. The Advisory 
Committee shall consist of not more than nine members, and one of the 
members shall be designated as chairman.
    ``(3) Members of the Advisory Committee shall receive no 
compensation for their services but shall be entitled to reimbursement 
in accordance with section 5 of the Administrative Expenses Act of 1946 
(5 U.S.C. 73b2) for travel and other expenses incurred in attending 
meetings of the Advisory Committee.
    ``(4) The Advisory Committee shall, if possible, meet not less 
frequently than once each month, shall submit such interim reports as 
the Committee finds advisable, and shall submit a final report not 
later than June 30, 1965, whereupon the Committee shall cease to exist. 
Such reports shall be made available to the public and to the Congress.
    ``(5) The expenses of the Committee, which shall not exceed 
$50,000, shall be paid from funds otherwise available under this 
Act.''.
    \681\ This function of the Administrator of AID was transferred to 
the Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 
of 1979 (establishing IDCA).
---------------------------------------------------------
    (2) It shall be the duty of the Council, at the request of 
the Administrator, to make recommendations to the Administrator 
with respect to particular aspects of programs and activities 
under this Act where private enterprise can play a contributing 
role and to act as liaison for the Administrator to involve 
specific private enterprises in such programs and 
activities.\681\
    (3) The members of the Advisory Council shall receive no 
compensation for their services but shall be entitled to 
reimbursement in accordance with section 5703 of title 5 of the 
United States Code \682\ for travel and other expenses incurred 
by them in the performance of their functions under this 
subsection.

-----------------------------------------------------------------------
    \682\ The words ``5703 of title 5 of the United States Code'' were 
inserted in lieu of ``5 of the Administrative Expenses Act of 1946 (5 
U.S.C. 73b2)'' by sec. 301(a) of the FA Act of 1967.
---------------------------------------------------------
    (4) The expenses of the Advisory Council shall be paid by 
the Administrator from funds otherwise available under this 
Act.
    (d) \683\ It is the sense of Congress that the Agency for 
International Development should continue to encourage, to the 
maximum extent consistent with the national interest, the 
utilization of engineering and professional services of United 
States firms (including, but not limited to, any corporation, 
company, partnership, or other association) or by an affiliate 
of such United States firms in connection with capital projects 
financed by funds authorized under this Act.\684\

-----------------------------------------------------------------------
    \683\ Subsec. (d) was added by sec. 301(b) of the FA Act of 1964.
    \684\ This responsibility of the agency and its Administrator was 
transferred to the Director of IDCA, pursuant to sec. 6 of 
Reorganization Plan No. 2 of 1979 (establishing IDCA).
---------------------------------------------------------
    (e) \685\ (1) The Congress finds that significantly greater 
effort must be made in carrying out programs under part I of 
this Act to award contracts on the basis of competitive 
selection procedures. All such contracts should be let on the 
basis of competitive selection procedures except in those 
limited cases in which the procurement regulations governing 
the agency primarily responsible for administering part I of 
this Act allow noncompetitive procedures to be used.

-----------------------------------------------------------------------
    \685\ Subsec. (e) was added by sec. 501 of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 956).
---------------------------------------------------------
    (2) \686\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \686\ Par. (2), which had required certain information to be 
supplied to Congress within the congressional presentation materials 
for development assistance in fiscal years 1980 and 1981 concerning 
contracts entered into by AID without competitive selection procedures, 
was struck out by sec. 734(a)(1) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
---------------------------------------------------------
    Sec. 602.\687\ Small Business.--(a) Insofar as practicable 
and to the maximum extent consistent with the accomplishment of 
the purposes of this Act, the President shall assist American 
small business to participate equitably in the furnishing of 
commodities, defense articles, and services (including defense 
services) financed with funds made available under this Act--

-----------------------------------------------------------------------
    \687\ 22 U.S.C. 2352.
---------------------------------------------------------
          (1) by causing to be made available to suppliers in 
        the United States, and particularly to small 
        independent enterprises, information, as far in advance 
        as possible, with respect to purchases proposed to be 
        financed with such funds;
          (2) by causing to be made available to prospective 
        purchasers in the countries and areas receiving 
        assistance under this Act information as to such 
        commodities, articles, and services produced by small 
        independent enterprises in the United States; and
          (3) by providing for additional services to give 
        small business better opportunities to participate in 
        the furnishing of such commodities, articles, and 
        services financed with such funds.
    (b) There shall be an Office of Small Business, headed by a 
Special Assistant for Small Business, in such agency of the 
United States Government as the President may direct, to assist 
in carrying out the provisions of subsection (a) of this 
section.
    (c) The Secretary of Defense shall assure that there is 
made available to suppliers in the United States, and 
particularly to small independent enterprises, information with 
respect to purchases made by the Department of Defense pursuant 
to part II, such information to be furnished as far in advance 
as possible.
    Sec. 603.\688\ Shipping on United States Vessels.--The 
ocean transportation between foreign countries of commodities 
and defense 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 as amended (7 U.S.C. 1691 et seq.), and transfers of fresh 
fruit and products thereof under this Act shall not be governed 
by the provisions of section 901(b) of the Merchant Marine Act 
of 1936, as amended (46 U.S.C. 1241), or any other law relating 
to the ocean transportation of commodities on United States 
flag vessels.

-----------------------------------------------------------------------
    \688\ 22 U.S.C. 2353.
---------------------------------------------------------
    Sec. 604.\689\ Procurement.--(a)(1) Limitations on 
Procurement Outside the United States.--Funds made available 
for assistance under this Act may be used by the President for 
procurement--

-----------------------------------------------------------------------
    \689\ 22 U.S.C. 2354. Sec. 597 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1993 (Public Law 
102-391; 106 Stat. 1694), restated sec. 604(a), which formerly read as 
follows:
    ``Procurement.--(a) Funds made available under this Act may be used 
for procurement outside the United States only if the President 
determines that such procurement will not result in adverse effects 
upon the economy of the United States or the industrial mobilization 
base, with special reference to any areas of labor surplus or to the 
net position of the United States in its balance of payments with the 
rest of the world, which outweigh the economic or other advantages to 
the United States of less costly procurement outside the United States, 
and only if the price of any commodity procured in bulk is lower than 
the market price prevailing in the United States at the time of 
procurement, adjusted for differences in the cost of transportation to 
destination, quality, and terms of payment.''.
    See also in the Foreign Assistance Appropriations, 1998, sec. 546 
(111 Stat. 2420)--purchase of American-made equipment and products.
---------------------------------------------------------
          (A) only in the United States, the recipient country, 
        or developing countries; or
          (B) in any other country but only if--
                  (i) the provision of such assistance requires 
                commodities 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) No funds made available under this Act shall be used 
for the purchase in bulk of any commodities at prices higher 
than the market price prevailing in the United States at the 
time of purchase, adjusted for differences in the cost of 
transportation to destination, quality, and terms of payment.
    (c) \690\ In providing for the procurement of any 
agricultural commodity or product thereof available for 
disposition under the Agricultural Trade Development and 
Assistance Act of 1954 as amended, for transfer by grant under 
this Act to any recipient country in accordance with its 
requirements, the President shall, insofar as practicable and 
when in furtherance of the purposes of this Act, authorize the 
procurement of such agricultural commodity only within the 
United States except to the extent that such agricultural 
commodity is not available in the United States in sufficient 
quantities to supply emergency requirements of recipients under 
this Act.

-----------------------------------------------------------------------
    \690\ Sec. 301(b)(1) of the FA Act of 1966 struck out the word 
``surplus'' which appeared before the word ``agricultural'' in three 
places in this subsec. and inserted ``or product thereof available for 
disposition under the Agricultural Trade Development and Assistance Act 
of 1954, as amended,''. For text of the Agricultural Trade Development 
and Assistance Act, see Legislation on Foreign Relations Through 1997, 
vol. I-B.
---------------------------------------------------------
    (d) In providing assistance in the procurement of 
commodities in the United States, United States dollars shall 
be made available for marine insurance on such commodities 
where such insurance is placed on a competitive basis in 
accordance with normal trade practice prevailing prior to the 
outbreak of World War II: Provided, That in the event a 
participating country, by statute, decree, rule, or regulation, 
discriminates against any marine insurance company authorized 
to do business in any State of the United States, then 
commodities purchased with funds provided hereunder and 
destined for such country shall be insured in the United States 
against marine risk with a company or companies authorized to 
do a marine insurance business in any State of the United 
States.
    (e) \691\ No funds made available under this Act shall be 
used for the procurement of any agricultural commodity or 
product thereof outside the United States when the domestic 
price of such commodity is less than parity, unless the 
commodity to be financed could not reasonably be produced in 
the United States in fulfillment of the objectives of a 
particular assistance program under which such commodity 
procurement is to be financed.

-----------------------------------------------------------------------
    \691\ Subsec. (e) was added by sec. 301(b)(2) of the FA Act of 
1966. The last phrase of subsec. (e), beginning with the words ``, 
unless the commodity * * *'', were added by sec. 705(a) of the 
International Security and Development Cooperation Act of 1980 (Public 
Law 96-593; 94 Stat. 3157).
---------------------------------------------------------
    (f) \692\ No funds authorized to be made available to carry 
out part I of this Act shall be used under any commodity import 
program to make any payment to a supplier unless the supplier 
has certified to the agency primarily responsible for 
administering such part I, such information as such agency 
shall by regulation prescribe, including but not limited to, a 
description of the commodity supplied by him and its condition, 
and on the basis of such information such agency shall have 
approved such commodity as eligible and suitable for financing 
under this Act.

-----------------------------------------------------------------------
    \692\ Subsec. (f) was added by sec. 301(a) of the FA Act of 1968.
---------------------------------------------------------
    (g) \693\ (1) None of the funds authorized to be 
appropriated or made available for obligation or expenditure 
under this Act may be made available for the procurement of 
construction or engineering services from advanced developing 
countries, eligible under the Geographic Code 941, which have 
attained a competitive capability in international markets for 
construction services or engineering services.

-----------------------------------------------------------------------
    \693\ Subsec. (g) was added by sec. 705(b) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3158).
---------------------------------------------------------
    (2) \694\ Paragraph (1) does not apply with respect to an 
advanced developing country which--

-----------------------------------------------------------------------
    \694\ Par. (2) was added by sec. 1207 of the International Security 
and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 
278).
---------------------------------------------------------
          (A) is receiving direct economic assistance under 
        chapter 1 of part I or chapter 4 of part II of this 
        Act, and
          (B) if the country has its own foreign assistance 
        programs which finance the procurement of construction 
        or engineering services, permits United States firms to 
        compete for those services.
    Sec. 605.\695\ Retention and Use of Certain Items and 
Funds.--(a) Any commodities and defense 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 may determine 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 or 
whenever such retention is called for by concurrent resolution. 
Any commodities or defense 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 commodities or 
defense articles or to conserve the usefulness thereof. Funds 
realized from any disposal or transfer shall revert to the 
respective appropriation, fund, or account used to procure such 
commodities or defense articles or to the appropriation, fund, 
or account currently available for the same general purpose.

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    \695\ 22 U.S.C. 2355. Sec. 301(a)(1) of the FA Act of 1965 inserted 
``Certain Items and Funds'' for ``Items'' in the section heading.
---------------------------------------------------------
    (b) Whenever commodities are transferred to the United 
States Government as repayment of assistance under this Act, 
such commodities may be used in furtherance of the purposes and 
within the limitations of this Act.
    (c) \696\ Funds realized as a result of any failure of a 
transaction financed under authority of part I of this Act to 
conform to the requirements of this Act, or to applicable rules 
and regulations of the United States Government, or to the 
terms of any agreement or contract entered into under authority 
of part I of 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.

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    \696\ Subsecs. (c) and (d) were added by sec. 301(a)(2) of the FA 
Act of 1965.
---------------------------------------------------------
    (d) \696\ Funds realized by the United States Government 
from the sale, transfer, or disposal of defense articles 
returned to the United States Government by a recipient country 
or international organization as no longer needed for the 
purpose for which furnished shall be credited to the respective 
appropriation, fund, or account used to procure such defense 
articles or to the appropriation, fund, or account currently 
available for the same general purpose.
    Sec. 606.\697\ Patents and Technical Information.--(a) 
Whenever, in connection with the furnishing of assistance under 
this Act--

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    \697\ 22 U.S.C. 2356.
---------------------------------------------------------
          (1) an invention or discovery covered by a patent 
        issued by the United States Government is practiced 
        within the United States without the authorization of 
        the owner, or
          (2) information, which is (A) protected by law, and 
        (B) held by the United States Government subject to 
        restrictions imposed by the owner, is disclosed by the 
        United States Government or any of its officers, 
        employees, or agents in violation of such restrictions,
the exclusive remedy of the owner, except as provided in 
subsection (b) of this section, is to sue the United States 
Government for reasonable and entire compensation for such 
practice or disclosure in the district court of the United 
States for the district in which such owner is a resident, or 
in the United States Court of Federal Claims \698\ within six 
years after the cause of action arises. Any period during which 
the United States Government is in possession of a written 
claim under subsection (b) of this section before mailing a 
notice of denial of that claim does not count in computing the 
six years. In any such suit, the United States Government may 
plead any defense that may be pleaded by a private person in 
such an action. The last paragraph of section 1498(a) of title 
28 of the United States Code shall apply to inventions and 
information covered by this section.

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    \698\ Reference to the United States Claims Court was inserted in 
lieu of a reference to the Court of Claims by sec. 160(a)(6) of the 
Federal Courts Improvement Act (Public Law 97-164; 96 Stat. 48). 
Subsequently, sec. 902(b) of Public Law 102-572 (106 Stat. 4516) 
provided that any reference, in law or in Federal documents, to the 
United States Claim Court should be deemed to be a reference to the 
United States Court of Federal Claims.
---------------------------------------------------------
    (b) Before suit against the United States Government has 
been instituted, the head of the agency of the United States 
Government concerned may settle and pay any claim arising under 
the circumstances described in subsection (a) of this section. 
No claim may be paid under this subsection unless the amount 
tendered is accepted by the claimant in full satisfaction.
    (c) Funds appropriated pursuant to this Act shall not be 
expended by the United States Government for the acquisition of 
any drug product or pharmaceutical product manufactured outside 
the United States if the manufacture of such drug product or 
pharmaceutical product in the United States would involve the 
use of, or be covered by, an unexpired patent of the United 
States which has not previously been held invalid by an 
unappealed or unappealable judgment or decree of a court of 
competent jurisdiction, unless such manufacture is expressly 
authorized by the owner of such patent.
    Sec. 607.\699\ Furnishing of Services and Commodities.--(a) 
Whenever the President determines it to be consistent with and 
in furtherance of the purposes of part I and within the 
limitations of this Act, any agency of the United States 
Government is authorized to furnish services and commodities on 
an advance-of-funds or reimbursement basis to friendly 
countries, international organizations, the American Red Cross, 
and voluntary nonprofit relief agencies registered with and 
approved by the Agency for International Development \700\ 
(including foreign voluntary nonprofit relief agencies so 
registered and approved when no United States voluntary 
nonprofit relief agency is available).\701\ Such advances or 
reimbursements may be credited to the currently applicable 
appropriation, account, or fund of the agency concerned and 
shall be available for the purposes for which such 
appropriation, account, or fund is authorized to be used, under 
the following circumstances:

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    \699\ 22 U.S.C. 2357. Subsection designation ``(a)'' was added by 
sec. 301(b) of the FA Act of 1968. Presidential authority in sec. 607 
was delegated to the Secretary of State and to the Administrator of the 
Agency for International Development, respectively, for matters within 
their respective areas of responsibility, pursuant to a Presidential 
memorandum of February 16, 1995 (60 F.R. 10793).
    \700\ The reference to the Agency for International Development was 
substituted in lieu of a reference to the Advisory Committee on 
Voluntary Foreign Aid by sec. 121 of the International Development 
Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366).
    \701\ The parenthetical phrase was added by sec. 122(a) of the 
International Development and Food Assistance Act of 1977 (Public Law 
95-88; 91 Stat. 541). Subsec. (b) of sec. 122 further instructed the 
President to issue regulations ``governing registration with and 
approval by the Advisory Committee on Voluntary Foreign Aid of foreign 
nonprofit agencies.''.
---------------------------------------------------------
          (1) Advances or reimbursements which are received 
        under this section within one hundred and eighty days 
        after the close of the fiscal year in which such 
        services and commodities are delivered.
          (2) Advances or reimbursements received pursuant to 
        agreements executed under this section in which 
        reimbursement will not be completed within one hundred 
        and eighty days after the close of the fiscal year in 
        which such services and commodities are delivered: 
        Provided, That such agreements require the payment of 
        interest at the current rate established pursuant to 
        section 2(b)(1)(B) of the Export-Import Bank Act of 
        1945 (59 Stat. 526), and repayment of such principal 
        and interest does not exceed a period of three years 
        from the date of signing of the agreement to provide 
        the service: Provided further, That funds available for 
        this paragraph in any fiscal year shall not exceed 
        $1,000,000 of the total funds authorized for use in 
        such fiscal year by chapter 1 of part I of this Act, 
        and shall be available only to the extent provided in 
        appropriation Acts. Interest shall accrue as of the 
        date of disbursement to the agency or organization 
        providing such services.\702\

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    \702\ Sec. 315 of Public Law 94-161 (89 Stat. 849) inserted the 
words to this point commencing with ``Such advances or reimbursements 
may be credited * * *'' in lieu of ``Such advances or reimbursements 
which are received under this section within one hundred and eighty 
days after the close of the fiscal year in which such services and 
commodities are delivered, may be credited to the current applicable 
appropriation, account, or fund of the agency concerned and shall be 
available for the purposes for which such appropriation, account, or 
fund is authorized to be used.''.
---------------------------------------------------------
    (b) \703\ 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 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 Civil Service Commission.\704\

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    \703\ Sec. 522 of the International Development and Food Assistance 
Act of 1978 (Public Law 95-424; 92 Stat. 959) redesignated subsec. (b) 
(as added by FA Act of 1968) as subsec. (c) and added a new subsec. 
(b).
    \704\ Sec. 102 of the Reorganization Plan No. 2 of 1978 (43 F.R. 
36037; 92 Stat. 3783) transferred all functions vested by statute in 
the Civil Service Commission to the Director of the Office of Personnel 
Management.
---------------------------------------------------------
    (c) \703\ (1) Except as provided in subsection (d),\705\ no 
Government-owned excess property shall be made available under 
this section, section 608, or otherwise in furtherance of the 
purposes of part I of this Act, unless, before the shipment of 
such property for use in a specified country (or transfer, if 
the property is already in such country), the agency 
administering such part I has approved such shipment (or 
transfer) and made a written determination--

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    \705\ The words ``except as provided in subsec. (d),'' were added 
by sec. 129(1)(B) of the Foreign Relations Authorization Act, Fiscal 
Years 1986 and 1987 (Public Law 99-93; 99 Stat. 419). Sec. 129(1)(A) of 
the Act also redesignated pars. (1), (2) and (3) as (A), (B) and (C).
---------------------------------------------------------
          (A) \705\ that there is a need for such property in 
        the quantity requested and that such property is 
        suitable for the purpose requested;
          (B) \705\ as to the status and responsibility of the 
        designated end-user and his ability effectively to use 
        and maintain such property; and
          (C) \705\ that the residual value, serviceability, 
        and appearance of such property would not reflect 
        unfavorably on the image of the United States and would 
        justify the costs of packing, crating, handling, 
        transportation, and other accessorial costs, and that 
        the residual value at least equals the total of these 
        costs.
    (d) \706\ The Secretary of State, acting through the 
Assistant Secretary of State for Oceans and International 
Environmental and Scientific Affairs, is authorized to transfer 
to any friendly country, international organization, the 
American Red Cross, or other voluntary nonprofit relief agency 
described in subsection (a), Government-owned excess property 
made available under this section or section 608 in order to 
support activities carried out under part I of this Act which 
are designed to enhance environmental protection in foreign 
countries if the Secretary of State makes a written 
determination--

-----------------------------------------------------------------------
    \706\ Subsec. (d) was added by sec. 129(2) of the Foreign Relations 
Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99 
Stat. 419).
---------------------------------------------------------
          (1) that there is a need for such property in the 
        quantity requested and that such property is suitable 
        for the purpose requested;
          (2) as to the status and responsibility of the 
        designated end-user and his ability effectively to use 
        and maintain such property; and
          (3) that the residual value, serviceability, and 
        appearance of such property would not reflect 
        unfavorably on the image of the United States and would 
        justify the costs of packing, crating, handling, 
        transportation, and other accessorial costs, and that 
        the residual value at least equals the total of these 
        costs.
    Sec. 608.\707\ Advance Acquisition of Property.--(a) It is 
the sense of the Congress that in furnishing assistance under 
part I excess personal property, or (if a substantial savings 
would occur) other property already owned by an agency of the 
United States Government, should be utilized wherever 
practicable in lieu of or supplementary to the procurement of 
new items for United States-assisted projects and 
programs.\708\ The President is authorized to maintain in a 
separate account, which shall, notwithstanding section 1210 of 
the General Appropriation Act, 1951 (64 Stat. 765), be free 
from fiscal year limitations, $5,000,000 of funds made 
available under chapter 1 of part I,\709\ which may be used to 
pay costs (including personnel costs) \710\ of acquisition, 
storage, renovation and rehabilitation, packing, crating, 
handling transportation, and related costs of property 
classified as domestic or foreign excess property pursuant to 
the Federal Property and Administrative Services Act of 1949, 
as amended (40 U.S.C. 471 et seq.), any property available from 
an agency of the United States Government \711\ or other 
property, in advance of known requirements therefor for use in 
furtherance of the purposes of part I: Provided, That the 
amount of property classified as domestic excess property 
pursuant to the Federal Property and Administrative Services 
Act of 1949, as amended, held at any one time pursuant to this 
section shall not exceed $15,000,000 in total original 
acquisition cost. Property acquired pursuant to the preceding 
sentence may be furnished (1) pursuant to any provision of part 
I for which funds are authorized for the furnishing of 
assistance, in which case the separate account established 
pursuant to this section shall be repaid from funds made 
available for such provision for all costs incurred, or (2) 
pursuant to section 607, in which case such separate account 
shall be repaid in accordance with the provisions of that 
section for all costs incurred.

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    \707\ 22 U.S.C. 2358. Title II of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1998 (Public Law 
105-118; 111 Stat. 2398), provided the following:

                         ``department of state

                   ``international narcotics control

    ``For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $215,000,000: Provided, That during fiscal year 
1998, the Department of State may also use the authority of section 608 
of the Act, without regard to its restrictions, to receive non-lethal 
excess property from an agency of the United States Government for the 
purpose of providing it to a foreign country under chapter 8 of part I 
of that Act subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That not later than 60 
days after the date of enactment of this Act, the Secretary of State in 
consultation with the Director of the Office of National Drug Control 
Policy shall submit a report to the Committees on Appropriations 
containing: (1) a list of all countries in which the United States 
carries out international counter-narcotics activities; (2) the number, 
mission and agency affiliation of United States personnel assigned to 
each such country; and (3) all costs and expenses obligated for each 
program, project or activity by each United States agency in each 
country: Provided further, That of the amount made available under this 
heading not to exceed $5,000,000 shall be allocated to operate the 
Western Hemisphere International Law Enforcement Academy: Provided 
further, That 10 percent of the funds appropriated under this heading 
shall not be available for obligation until the Secretary of State 
submits a report to the Committees on Appropriations providing a 
financial plan for the funds appropriated under this heading and under 
the heading `Narcotics Interdiction'.''.
    \708\ This sentence was added by sec. 301(b) of the FA Act of 1967. 
The phrases within the sentence of ``or (if substantial savings would 
occur) other property already owned by an agency of the United States 
Government,'' and ``or supplementary to'' were added by sec. 701(1) of 
the International Security and Development Cooperation Act of 1981 
(Public Law 97-113; 95 Stat. 1544).
    \709\ The words ``chapter 1 of part I'' were inserted in lieu of 
``section 212'' by sec. 102(g)(2)(C) of the International Development 
and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942).
    \710\ The words ``(including personnel costs),'' were added by sec. 
301(c) of the FA Act of 1966.
    \711\ The words ``any property available from an agency of the 
United States Government,'' were added by sec. 701(2) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1544).
---------------------------------------------------------
    (b) Property classified as domestic excess property under 
the Federal Property and Administrative Services Act of 1949, 
as amended, shall not be transferred to the agency primarily 
responsible for administering part I for use pursuant to the 
provisions of part I or section 607 unless (1) such property is 
transferred for use exclusively by an agency of the United 
States Government, or (2) it has been determined in the same 
manner as provided for surplus property in section 203(j) of 
the Federal Property and Administrative Services Act of 1949, 
as amended, that such property is not needed for donation 
pursuant to that subsection. The foregoing restrictions shall 
not apply to the transfer in any fiscal year for use pursuant 
to the provisions of part I of amounts of such property with a 
total original acquisition cost to the United States Government 
not exceeding $45,000,000.
    Sec. 609.\712\ Special Account.--(a) In cases where any 
commodity is to be furnished on a grant basis under chapter 4 
of part I under arrangements which will result in the accrual 
of proceeds to the recipient country from the sale thereof, the 
President shall require the recipient country to establish a 
Special Account, and

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    \712\ 22 U.S.C. 2359. Sec. 532 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1998 (Public Law 
105-118; 111 Stat. 2414), superseded this subsection and provided the 
following:

                          ``separate accounts

    ``Sec. 532. (a) Separate Accounts for Local Currencies.--(1) If 
assistance is furnished to the government of a foreign country under 
chapter 1 and 10 of part I or chapter 4 of part II of the Foreign 
Assistance Act of 1961 under agreements which result in the generation 
of local currencies of that country, the Administrator of the Agency 
for International Development shall--
          ``(A) require that local currencies be deposited in a 
        separate account established by that government;
          ``(B) enter into an agreement with that government which sets 
        forth--
                  ``(i) the amount of the local currencies to be 
                generated; and
                  ``(ii) the terms and conditions under which the 
                currencies so deposited may be utilized, consistent 
                with this section; and
          ``(C) establish by agreement with that government the 
        responsibilities of the Agency for International Development 
        and that government to monitor and account for deposits into 
        and disbursements from the separate account.
    ``(2) Uses of Local Currencies.--As may be agreed upon with the 
foreign government, local currencies deposited in a separate account 
pursuant to subsection (a), or an equivalent amount of local 
currencies, shall be used only--
          ``(A) to carry out chapter 1 or 10 of part I or chapter 4 of 
        part II (as the case may be), for such purposes as--
                  ``(i) project and sector assistance activities; or
                  ``(ii) debt and deficit financing; or
          ``(B) for the administrative requirements of the United 
        States Government.
    ``(3) Programming Accountability.--The Agency for International 
Development shall take all necessary steps to ensure that the 
equivalent of the local currencies disbursed pursuant to subsection 
(a)(2)(A) from the separate account established pursuant to subsection 
(a)(1) are used for the purposes agreed upon pursuant to subsection 
(a)(2).
    ``(4) Termination of Assistance Programs.--Upon termination of 
assistance to a country under chapter 1 or 10 of part I or chapter 4 of 
part II (as the case may be), any unencumbered balances of funds which 
remain in a separate account established pursuant to subsection (a) 
shall be disposed of for such purposes as may be agreed to by the 
government of that country and the United States Government.
    ``(5) Conforming Amendments.--The provisions of this subsection 
shall supersede the tenth and eleventh provisos contained under the 
heading `Sub-Saharan Africa, Development Assistance' as included in the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 and sections 531(d) and 609 of the Foreign 
Assistance Act of 1961.
    ``(6) Reporting Requirement.--The Administrator of the Agency for 
International Development shall report on an annual basis as part of 
the justification documents submitted to the Committees on 
Appropriations on the use of local currencies for the administrative 
requirements of the United States Government as authorized in 
subsection (a)(2)(B), and such report shall include the amount of local 
currency (and United States dollar equivalent) used and/or to be used 
for such purpose in each applicable country.
    ``(b) Separate Accounts for Cash Transfers.--(1) If assistance is 
made available to the government of a foreign country, under chapter 1 
or 10 of part I or chapter 4 of part II of the Foreign Assistance Act 
of 1961, as cash transfer assistance or as nonproject sector 
assistance, that country shall be required to maintain such funds in a 
separate account and not commingle them with any other funds.
    ``(2) Applicability of Other Provisions of Law.--Such funds may be 
obligated and expended notwithstanding provisions of law which are 
inconsistent with the nature of this assistance including provisions 
which are referenced in the Joint Explanatory Statement of the 
Committee of Conference accompanying House Joint Resolution 648 (H. 
Report No. 98-1159).
    ``(3) Notification.--At least 15 days prior to obligating any such 
cash transfer or nonproject sector assistance, the President shall 
submit a notification through the regular notification procedures of 
the Committees on Appropriations, which shall include a detailed 
description of how the funds proposed to be made available will be 
used, with a discussion of the United States interests that will be 
served by the assistance (including, as appropriate, a description of 
the economic policy reforms that will be promoted by such assistance).
    ``(4) Exemption.--Nonproject sector assistance funds may be exempt 
from the requirements of subsection (b)(1) only through the 
notification procedures of the Committees on Appropriations.''.
---------------------------------------------------------

          (1) deposit in the Special Account, under terms and 
        conditions as may be agreed upon, currency of the 
        recipient country in amounts equal to such proceeds;
          (2) make available to the United States Government 
        such portion of the Special Account as may be 
        determined by the President to be necessary for the 
        requirements of the United States Government: Provided, 
        That such portion shall not be less than 10 per centum 
        in the case of any country to which such minimum 
        requirement has been applicable under any Act repealed 
        by this Act; and
          (3) utilize the remainder of the Special Account for 
        programs agreed to by the United States Government to 
        carry out the purposes for which new funds authorized 
        by this Act would themselves be available: Provided, 
        That whenever funds from such Special Account are used 
        by a country to make loans, all funds received in 
        repayment of such loans prior to termination of 
        assistance to such country shall be reused only for 
        such purposes as shall have been agreed to between the 
        country and the United States Government.
    (b) Any unencumbered balances of funds which remain in the 
Account upon termination of assistance to such country under 
this Act shall be disposed of for such purposes as may, subject 
to approval by Act of the Congress, be agreed to between such 
country and the United States Government.
    Sec. 610.\713\ Transfer Between Accounts.--(a) \714\ 
Whenever the President determines it to be necessary for the 
purposes of this Act, not to exceed 10 per centum of the funds 
made available for any provision of this Act (except funds made 
available pursuant to title IV of chapter 2 of part I or for 
section 23 of the Arms Export Control Act) \715\ may be 
transferred to, and consolidated with, the funds made available 
for any \715\ provision of this Act, (except funds made 
available under chapter 2 of part II of this Act) \716\ and may 
be used for any of the purposes for which such funds may be 
used, except that the total in the provision for the benefit of 
which the transfer is made shall not be increased by more than 
20 per centum of the amount of funds made available for such 
provision.

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    \713\ 22 U.S.C. 2360. Subsection designation ``(a)'' and subsec. 
(b) were added by sec. 301(a) of the FA Act of 1962.
    title V of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2407), 
provided the following:

                      ``transfers between accounts

    ``Sec. 509. None of the funds made available by this Act may be 
obligated under an appropriation account to which they were not 
appropriated, except for transfers specifically provided for in this 
Act, unless the President, prior to the exercise of any authority 
contained in the Foreign Assistance Act of 1961 to transfer funds, 
consults with and provides a written policy justification to the 
Committees on Appropriations of the House of Representatives and the 
Senate: Provided, That the exercise of such authority shall be subject 
to the regular notification procedures of the Committees on 
Appropriations.''.
    \714\ In a memorandum of August 20, 1997 (62 F.R. 44879), the 
President ``hereby determine[d] that it is necessary for the purposes 
of the [Foreign Assistance] Act [of 1961] that $17.5 million 
appropriated for fiscal year 1997 to carry out chapter 1 of part I of 
the Act be transferred to, and consolidated with, appropriations made 
to carry out section 667(a) of the Act. I hereby authorize such 
transfer and consolidation.''.
    In a September 22, 1997, memorandum for the Secretary of State, the 
President, pursuant to sec. 610(a):
          ``determine[d] that it is necessary for the purposes of the 
        Act that $4 million of funds made available under Chapter 4 of 
        Part II of the Act for fiscal year 1997 be transferred to, and 
        consolidated with, funds made available under Chapter 6 of Part 
        II of the Act.
          ``I hereby authorize the use in fiscal year 1997 of the 
        aforesaid $4 million in funds made available under Chapter 4 of 
        Part II of the act to provide peacekeeping assistance to 
        support countries participating in the African Crisis Response 
        Initiative.'' (Presidential Determination No. 97-34; 62 F.R. 
        52009).
    \715\ The parenthetical phrase was added by sec. 301 of the FA Act 
of 1969. Sec. 10(a) of the International Narcotics Control Act of 1990 
(Public Law 101-623; 104 Stat. 3356) inserted reference to sec. 23 of 
the Arms Export Control Act, but, in an enrolling error, this text was 
inserted inside the parenthesis. Should probably read ``* * * for any 
provision of this Act (except funds made available pursuant to title IV 
of chapter 2 of part I) or for section 23 of the Arms Export Control 
Act may be transferred to * * *''. Sec. 10 also struck out ``other'' at 
the place noted and provided that ``(b) The amendments made by 
subsection (a) apply with respect to funds made available for fiscal 
year 1991 or any fiscal year thereafter.''.
    \716\ The parenthetical phrase was added by sec. 19(a)(1) of the FA 
Act of 1974.
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    (b) \713\ The authority contained in this section and in 
sections 451, 506,\717\ and 614 shall not be used to augment 
appropriations made available pursuant to sections 636(g)(1) 
and 637 or used otherwise to finance activities which normally 
would be financed from appropriations for administrative 
expenses.\718\

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    \717\ Sec. 301(c) of the FA Act of 1967 inserted ``506'' for 
``510''.
    \718\ The final sentence of subsec. (b), which had been amended by 
the FA Act of 1966, was repealed by sec. 10(b)(2) of the International 
Security Assistance Act of 1978 (Public Law 95-424; 92 Stat. 735). It 
formerly read as follows:
    ``Not to exceed $9,000,000 of the funds appropriated under section 
402 of this Act for any fiscal year may be transferred to and 
consolidated with appropriations made under section 637(a) of this Act 
for the same fiscal year, subject to the further limitation that funds 
so transferred shall be available solely for additional administrative 
expenses incurred in connection with programs in Vietnam.''.
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    (c) \719\ Any funds which the President has notified 
Congress pursuant to section 653 that he intends to provide in 
military assistance to any country may be transferred to, and 
consolidated with, any other funds he has notified Congress 
pursuant to such section that he intends to provide to that 
country for development assistance purposes.

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    \719\ Subsec. (c) was added by sec. 19(a)(2) of the FA Act of 1974.
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    Sec. 611.\720\ Completion of Plans and Cost Estimates.--(a) 
No agreement or grant which constitutes an obligation of the 
United States Government in excess of $500,000 \721\ under 
section 1501 of title 31, United States Code,\722\ shall be 
made for any assistance authorized under chapter I of part I, 
title II of chapter 2 of part I, or chapter 4 of part II-- 
\723\

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    \720\ 22 U.S.C. 2361.
    \721\ Sec. 1208 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 278), raised this 
amount from $100,000.
    \722\ This reference to 31 U.S.C. 1501 replaced an earlier 
reference to 31 U.S.C. 200.
    \723\ The words ``chapter 1 of part I, title II of chapter 2 of 
part I, or chapter 4 of part II'' were inserted in lieu of ``titles I, 
II, and VI of chapter 2 and chapter 4 of part I'' by sec. 102(g)(2)(D) 
of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 943).
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          (1) if such agreement or grant requires substantive 
        technical or financial planning, until engineering, 
        financial, and other plans necessary to carry out such 
        assistance, and a reasonably firm estimate of the cost 
        to the United States Government of providing such 
        assistance, have been completed; and
          (2) if such agreement or grant requires legislative 
        action within the recipient country, unless such 
        legislative action may reasonably be anticipated to be 
        completed in time to permit the orderly accomplishment 
        of the purposes of such agreement or grant.
    (b) Plans required under subsection (a) of this section for 
any water or related land resource construction project or 
program shall include a computation of benefits and costs made 
insofar as practicable in accordance with the principles, 
standards, and procedures established pursuant to the Water 
Resources Planning Act \724\ (42 U.S.C. 1962, et seq.) or acts 
amendatory or supplementary thereto.

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    \724\ The reference to this Act was added by sec. 1208(2) of Public 
Law 99-83 (99 Stat. 278), and replaced an earlier reference to a 
document entitled: ``Principles and Standards for Planning Water and 
Related Land Resources, dated October 25, 1973.''. The reference to the 
1973 document was substituted in lieu of a reference of the 
``Memorandum of the President dated May 15, 1962'' by sec. 117 of the 
International Development Cooperation Act of 1979 (Public Law 96-53; 93 
Stat. 365). Previously, sec. 301(c) of the FA Act of 1963 had 
substituted the reference to the 1962 memorandum in lieu of a reference 
to ``circular A47 of the Bureau of the Budget.''.
---------------------------------------------------------
    (c) To the maximum extent practicable, all contracts for 
construction outside the United States made in connection with 
any agreement or grant subject to subsection (a) of this 
section shall be made on a competitive basis.
    (d) Subsection (a) of this section shall not apply to any 
assistance furnished for the sole purpose of preparation of 
engineering, financial, and other plans.
    (e) \725\ In addition to any other requirements of this 
section, no assistance authorized under chapter 1 of part I, 
title II of chapter 2 of part I, or chapter 4 of part II \726\ 
shall be furnished with respect to any capital assistance 
project estimated to cost in excess of $1,000,000 until the 
head of the agency primarily responsible for administering part 
I of the Act has received and taken into consideration a 
certification from the principal officer of such agency in the 
country in which the project is located as to the capability of 
the country (both financial and human resources) to effectively 
maintain and utilize the project taking into account among 
other things the maintenance and utilization of projects in 
such country previously financed or assisted by the United 
States.

-----------------------------------------------------------------------
    \725\ Subsec. (e) was added by sec. 301(d) of the FA Act of 1967.
    \726\ The words ``chapter 1 of part I, title 2 of chapter 2 of part 
I, or chapter 4 of part II'' were inserted in lieu of ``titles I, II, 
or VI of chapter 2 or chapter 4 of part I'' by sec. 102(g)(2)(E) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 943).
---------------------------------------------------------
    Sec. 612.\727\ Use of Foreign Currencies.--(a) Except as 
otherwise provided in this Act or other Acts, foreign 
currencies received either (1) as a result of the furnishing of 
nonmilitary assistance under the Mutual Security Act of 1954, 
as amended, or any Act repealed thereby and unobligated on the 
date prior to the effective date of this Act, or (2) on or 
after the effective date of this Act, as a result of the 
furnishing of nonmilitary assistance under the Mutual Security 
Act of 1954, as amended, or any Act repealed thereby, or (3) as 
a result of the furnishing of assistance under part I, which 
are in excess of the amounts reserved under authority of 
section 105(d) of the Mutual Educational and Cultural Exchange 
Act of 1961 or any other Act relating to educational and 
cultural exchanges, may be sold by the Secretary of the 
Treasury to agencies of the United States Government for 
payment of their obligations outside the United States, and the 
United States dollars received as reimbursement shall be 
deposited into miscellaneous receipts of the Treasury. Foreign 
currencies so received which are in excess of the amounts so 
reserved and of the requirements of the United States 
Government in payment of its obligations outside the United 
States, as such requirements may be determined from time to 
time by the President, shall be available for the authorized 
purposes of part I in such amounts as may be specified from 
time to time in appropriation Acts.

-----------------------------------------------------------------------
    \727\ 22 U.S.C. 2362. Subsection designation ``(a)'' in sec. 612 
was added by sec. 301(d)(1) of the FA Act of 1963.
-----------------------------------------------------------------------

    (b) \728\ Any Act of Congress making appropriations to 
carry out programs under this or any other Act for United 
States operations abroad is hereby authorized to provide for 
the utilization of United States-owned excess foreign 
currencies to carry out any such operations authorized by law.

-----------------------------------------------------------------------
    \728\ Subsec. (b) was added by sec. 301(c) of the FA Act of 1964. 
Originally added as subsec. (c), it was redesignated by sec. 301(c) of 
the FA Act of 1964 and former subsec. (b) was redesignated as sec. 
104(t) of Public Law 480 (the latter has subsequently been transferred 
in part to sec. 103(m) of Public Law 480).
     \729\ As used in this subsection, the term ``excess 
foreign currencies'' means foreign currencies or credits owned 
by or owed to the United States which are, under applicable 
agreements with the foreign country concerned, available for 
the use of the United States Government and are determined by 
the President to be excess to the normal requirements of 
departments and agencies of the United States for such 
currencies or credits and are not prohibited from use under 
this subsection by an agreement entered into with the foreign 
country concerned.

-----------------------------------------------------------------------
    \729\ The first sentence of this paragraph was struck out by sec. 
301(b) of the FA Act of 1965. It read as follows: ``The President shall 
take all appropriate steps to assure that, to the maximum extent 
possible, United States-owned excess foreign currencies are utilized in 
lieu of dollars.''.
---------------------------------------------------------

    The President shall take all appropriate steps to assure 
that, to the maximum extent possible, United States-owned 
foreign currencies are utilized in lieu of dollars. Dollar 
funds made available pursuant to this Act shall not be expended 
for goods and services when United States-owned foreign 
currencies are available for such purposes unless the 
administrative official approving the voucher certifies as to 
the reason for the use of dollars in each case.\730\

-----------------------------------------------------------------------
    \730\ This paragraph was added by sec. 301(b) of the FA Act of 
1965.
---------------------------------------------------------

    (c) \731\ In addition to funds otherwise available, excess 
foreign currencies, as defined in subsection (b), may be made 
available to friendly foreign governments and to private, 
nonprofit United States organizations to carry out voluntary 
family planning programs in countries which request such 
assistance. No such program shall be assisted unless the 
President has received assurances that in the administration of 
such program the recipient will take reasonable precautions to 
insure that no person receives any family planning assistance 
or supplies unless he desires such services. The excess foreign 
currencies made available under this subsection shall not, in 
any one year, exceed 5 per centum of the aggregate of all 
excess foreign currencies. As used in this subsection, the term 
``voluntary family planning program'' includes, but is not 
limited to, demographic studies, medical and psychological 
research, personnel training, the construction and staffing of 
clinics and rural health centers, specialized training of 
doctors and paramedical personnel, the manufacture of medical 
supplies, and the dissemination of family planning information, 
medical assistance, and supplies to individuals who desire such 
assistance.

-----------------------------------------------------------------------
    \731\ Subsec. (c) was added by sec. 301(e) of the FA Act of 1966.
-----------------------------------------------------------------------

    (d) \732\ In furnishing assistance under this Act to the 
government of any country in which the United States owns 
excess foreign currencies as defined in subsection (b) of this 
section, except those currencies generated under the 
Agricultural Trade Development and Assistance Act of 1954, as 
amended,\733\ the President shall endeavor to obtain from the 
recipient country an agreement for the release, on such terms 
and conditions as the President shall determine, of an amount 
of such currencies up to the equivalent of the dollar value of 
assistance furnished by the United States for programs as may 
be mutually agreed upon by the recipient country and the United 
States to carry out the purposes for which new funds authorized 
by this Act would themselves be available.

-----------------------------------------------------------------------
    \732\ Subsec. (d) was added by sec. 302 of the FA Act of 1969.
    \733\ For text, see Legislation on Foreign Relations Through 1997, 
vol. I-B.
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    Sec. 613.\734\ Accounting, Valuation, Reporting, and 
Administration of Foreign Currencies.\735\--(a) Under the 
direction of the President, the Secretary of the Treasury shall 
have responsibility for valuation and central accounting with 
respect to foreign credits (including currencies) owed to or 
owned by the United States. In order to carry out such 
responsibility the Secretary shall issue regulations binding 
upon all agencies of the Government.

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    \734\ 22 U.S.C. 2363.
    \735\ Sec. 301(c)(1) of the FA Act of 1965 inserted ``Accounting, 
Valuation, Reporting, and Administration of Foreign Currencies'' for 
``Accounting, Valuation, and Reporting of Foreign Currencies''.
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    (b) The Secretary of the Treasury shall have sole authority 
to establish for all foreign currencies or credits the exchange 
rates at which such currencies are to be reported by all 
agencies of the Government.
    (c) \736\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \736\ Subsec. (c), as amended by sec. 46 of Public Law 94-273, was 
repealed by sec. 734(a)(1) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). 
Subsec. (c) had required a semiannual report to the Congress on the 
amount of all foreign currencies acquired without payment of dollars on 
hand for each foreign country. Such information is now required on an 
annual basis as part of the report required under sec. 634(a) of this 
Act.
-----------------------------------------------------------------------

    (d) \737\ In cases where assistance is to be furnished to 
any recipient country in furtherance of the purposes of this or 
any other Act on a basis which will result in the accrual of 
foreign currency proceeds to the United States, the Secretary 
of the Treasury shall issue regulations requiring that 
agreements, in respect of such assistance, include provisions 
for the receipt of interest income on the foreign currency 
proceeds deposited in authorized depositories: Provided, That 
whenever the Secretary of State determines it not to be in the 
national interest to conclude arrangements for the receipt of 
interest income he may waive the requirement thereof: Provided 
further, That the Secretary of State, or his delegate, shall 
promptly make a complete report to the Congress on each such 
determination and the reasons therefor.

-----------------------------------------------------------------------
    \737\ Subsec. (d) was added by sec. 301(c)(2) of the FA Act of 
1965.
---------------------------------------------------------
    Sec. 614.\738\ Special Authorities.--(a) \738\, 
\739\ (1) The President may authorize the furnishing of 
assistance under this Act without regard to any provision of 
this Act, the Arms Export Control Act, any law relating to 
receipts and credits accruing to the United States, and any Act 
authorizing or appropriating funds for use under this Act, in 
furtherance of any of the purposes of this Act, when the 
President determines, and so notifies in writing the Speaker of 
the House of Representatives and the chairman of the Committee 
on Foreign Relations of the Senate, that to do so is important 
to the security interests of the United States.\740\

-----------------------------------------------------------------------
    \738\ 22 U.S.C. 2364.
    \739\ Subsec. (a), as amended by the FA Act of 1966 and the FA Act 
of 1967, was further amended and restated by sec. 117(a) of the 
International Security and Development Cooperation Act of 1980 (Public 
Law 96-533; 94 Stat. 3140), and by sec. 128 of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 209). It formerly read as follows:
    ``(a) The President may authorize in each fiscal year the use of 
funds made available for use under this Act and the furnishing of 
assistance under section 506 in a total amount not to exceed 
$250,000,000 and the use of not to exceed $100,000,000 of foreign 
currencies accruing under this Act or any other law without regard to 
the requirements of this Act, any law relating to receipts and credits 
accruing to the United States, any Act appropriating funds for use 
under this Act, or the Mutual Defense Assistance Control Act of 1951 
(22 U.S.C. 1611 et seq.), in furtherance of any of the purposes of such 
Acts, when the President determines that such authorization is 
important to the security of the United States. Not more than 
$50,000,000 of the funds available under this subsection may be 
allocated to any one country in any fiscal year. The limitation 
contained in the preceding sentence shall not apply to any country 
which is a victim of active Communist or Communist-supported 
aggression. The authority of this section shall not be used to waive 
the limitations on transfers contained in section 610(a) of this 
Act.''.
    \740\ In a memorandum of December 11, 1996, for the Secretaries of 
State and Defense, the President determined, pursuant to secs. 
552(c)(2) and 614(a)(1) of this Act, that:
    ``(1) as a result of an unforeseen emergency, the provision of 
assistance under Chapter 6 of Part II of the Act in amounts in excess 
of funds otherwise available for such assistance is important to the 
national interests of the United States;
    ``(2) an unforeseen emergency requires the immediate provision of 
assistance under Chapter 6 of Part II of the Act; and
    ``(3) it is important to the security interests of the United 
States to furnish up to $4 million of commodities and services from the 
inventory of the Department of Defense to support a Peace Monitoring 
Force in northern Iraq, without regard to any provision of law within 
the scope of section 614(a)(1) of the Act, including various 
restrictions on providing assistance to Iraq.
    ``I therefore direct the drawdown of commodities and services from 
the inventory and resources of the Department of Defense of an 
aggregate value not to exceed $4 million to support a Peace Monitoring 
Force in northern Iraq.'' (Presidential Determination No. 97-12; 61 
F.R. 67685).
    In a memorandum of April 24, 1997, for the Secretary of State, the 
President determined, pursuant to sec. 614(a)(1), that:
          `` * * * that it is important to the security interests of 
        the United States to furnish up to $25 million in funds made 
        available under heading `Nonproliferation, Anti-Terrorism, 
        Demining and Related Programs' in title II of the Foreign 
        Operations, Export Financing, and Related Programs 
        Appropriations Act, 1997 (as enacted in Public Law 104-208) for 
        the United States contribution to the Korean Peninsula Energy 
        Development Organization without regard to any provision of law 
        within the scope of section 614(a)(1). I hereby authorize this 
        contribution.'' (Presidential Determination No. 97-21; 62 F.R. 
        23939).
    In a memorandum of August 7, 1997, for the Secretary of State, the 
President determined, pursuant to sec. 614(a)(1), that:
          `` * * * that it is important to the security interests of 
        the United States to furnish up to $50 million in current- and 
        prior-years funds to Jordan under chapter 4 of part II of the 
        Act without regard to any provision of the law within the scope 
        of section 614(a)(1). I hereby authorize the furnishing of such 
        assistance.'' (Presidential Determination No. 97-30; 62 F.R. 
        44065).
    In a memorandum of August 16, 1997, for the Secretary of State, the 
President determined, pursuant to sec. 614(a)(1), that:
          `` * * * that it is important to the security interests of 
        the United States to furnish up to $600,000 in Fiscal Year 1997 
        funds under chapter 5 of part II of the Act for Colombia, 
        without regard to any provision of the law within the scope of 
        section 614(a)(1). I hereby authorize the furnishing of such 
        assistance.'' (Presidential Determination No. 97-31; 62 F.R. 
        47907). See also note at sec. 614(a)(2).
-----------------------------------------------------------------------

    (2) \741\ The President may make sales, extend credit, and 
issue guarantees under the Arms Export Control Act, without 
regard to any provision of this Act, the Arms Export Control 
Act, any law relating to receipts and credits accruing to the 
United States, and any Act authorizing or appropriating funds 
for use under the Arms Export Control Act, in furtherance of 
any of the purposes of such Act, when the President determines, 
and so notifies in writing the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign 
Relations of the Senate, that to do so is vital to the national 
security interests of the United States.

-----------------------------------------------------------------------
    \741\ In a memorandum of August 16, 1997, for the Secretary of 
State, the President determined, pursuant to sec. 614(a)(2), that:
---------------------------------------------------------

          `` * * * that it is vital to the national security interests 
        of the United States to make sales and extend credits to 
        Colombia of up to $30 million in Foreign Military Financing 
        under the Arms Export Control Act, without regard to any 
        provision of the law within the scope of section 614. I hereby 
        authorize such making of sales and extensions of credit, 
        including the expenditure of previously obligated Foreign 
        Military Financing funds needed to finance such sales.'' 
        (Presidential Determination No. 97-31; 62 F.R. 47907). See also 
        note at sec. 614(a)(2).
    (3) Before exercising the authority granted in this 
subsection, the President shall consult with, and shall provide 
a written policy justification to, the Committee on Foreign 
Affairs \742\ and the Committee on Appropriations of the House 
of Representatives and the Committee on Foreign Relations and 
the Committee on Appropriations of the Senate.

-----------------------------------------------------------------------
    \742\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------
    (4) \743\ (A) The authority of this subsection may not be 
used in any fiscal year to authorize--

-----------------------------------------------------------------------
    \743\ Subsec. (a)(4) was amended and restated by sec. 128 of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 206). It formerly read as follows:
    ``(4) The authority of this subsection may not be used to authorize 
the use of more than $250,000,000 of funds made available for use under 
this Act or the Arms Export Control Act, or the use of more than 
$100,000,000 of foreign currencies accruing under this Act or any other 
law, in any fiscal year. Not more than $50,000,000 of the funds 
available under this subsection may be allocated to any one country in 
any fiscal year, unless such country is a victim of active Communist or 
Communist-supported aggression.''.
---------------------------------------------------------
          (i) more than $750,000,000 in sales to be made under 
        the Arms Export Control Act;
          (ii) the use of more than $250,000,000 of funds made 
        available for use under this Act or the Arms Export 
        Control Act; and
          (iii) the use of more than $100,000,000 of foreign 
        currencies accruing under this Act or any other law.
    (B) If the authority of this subsection is used both to 
authorize a sale under the Arms Export Control Act and to 
authorize funds to be used under the Arms Export Control Act or 
under this Act with respect to the financing of that sale, then 
the use of the funds shall be counted against the limitation in 
subparagraph (A)(ii) and the portion, if any, of the sale which 
is not so financed shall be counted against the limitation in 
subparagraph (A)(i).
    (C) Not more than $50,000,000 of the $250,000,000 
limitation provided in subparagraph (A)(ii) may be allocated to 
any one country in any fiscal year unless that country is a 
victim of active \744\ aggression, and not more than 
$500,000,000 of the aggregate limitation of $1,000,000,000 
provided in subparagraphs (A)(i) and (A)(ii) may be allocated 
to any one country in any fiscal year.

-----------------------------------------------------------------------
    \744\ Sec. 705(2) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2317) struck out ``Communist or Communist-supported'' at this 
point.
---------------------------------------------------------
    (5) The authority of this section may not be used to waive 
the limitations on transfers contained in section 610(a) of 
this Act.
    (b) Whenever the President determines it to be important to 
the national interest, he may use funds available for the 
purposes of chapter 4 of part I in order to meet the 
responsibilities or objectives of the United States in Germany, 
including West Berlin, and without regard to such provisions of 
law as he determines should be disregarded to achieve this 
purpose.
    (c) The President is authorized to use amounts not to 
exceed $50,000,000 of the funds made available under this Act 
pursuant to his certification that it is inadvisable to specify 
the nature of the use of such funds, which certification shall 
be deemed to be a sufficient voucher for such amounts.\745\ The 
President shall fully inform the chairman and ranking minority 
member of the Committee on Foreign Affairs \742\ of the House 
of Representatives and the chairman and ranking minority member 
of the Committee on Foreign Relations of the Senate of each use 
of funds under this subsection prior to the use of such 
funds.\746\

-----------------------------------------------------------------------
    \745\ See also secs. 624(d)(7) [repealed--1978; see note] and 
636(a)(8) of this Act.
    \746\ The last sentence was added by sec. 30(g) of the FA Act of 
1966. This sentence was amended and restated by sec. 8 of the Anti-
Terrorism and Arms Export Amendments Act of 1989 (Public Law 101-222; 
103 Stat. 1899). It formerly read as follows: ``The President shall 
promptly and fully inform the Speaker of the House of Representatives 
and the chairman and ranking minority member of the Committee on 
Foreign Relations of the Senate of each use of funds under this 
subsection.''.
---------------------------------------------------------
    Sec. 615.\747\ Contract Authority.--Provisions of this Act 
authorizing the appropriation of funds shall be construed to 
authorize the granting in any appropriation Act of authority to 
enter into contracts, within the amounts so authorized to be 
appropriated, creating obligations in advance of 
appropriations.

-----------------------------------------------------------------------
    \747\ 22 U.S.C. 2365.
---------------------------------------------------------
    Sec. 616.\748\ Availability of Funds.--Except as otherwise 
provided in this Act, funds shall be available to carry out the 
provisions of this Act as authorized and appropriated to the 
President each fiscal year.

-----------------------------------------------------------------------
    \748\ 22 U.S.C. 2366.
---------------------------------------------------------
    Sec. 617.\749\ Termination of Assistance.--Assistance under 
any provision of this Act may, unless sooner terminated by the 
President, be terminated by concurrent resolution. Funds made 
available under this Act shall remain available for a period 
not to exceed eight \750\ months from the date of termination 
of assistance under this Act for the necessary expenses of 
winding up programs related thereto. In order to ensure the 
effectiveness of assistance under this Act, 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.\751\

-----------------------------------------------------------------------
    \749\ 22 U.S.C. 2367.
    \750\ Sec. 14 of the FA Act of 1973 inserted ``eight'' in lieu of 
``twelve''.
    \751\ This sentence was added by sec. 310 of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3148).
---------------------------------------------------------
    Sec. 618.\752\ Use of Settlement Receipts.--* * * 
[Repealed--1978]

-----------------------------------------------------------------------
    \752\ Secs. 618 and 619 were repealed by sec. 604 of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 961).
---------------------------------------------------------
    Sec. 619.\752\ Assistance to Newly Independent Countries.--
* * * [Repealed--1978]
    Sec. 620.\753\   Prohibitions   Against   Furnishing   
Assist-

-----------------------------------------------------------------------
    \753\ 22 U.S.C. 2370. Sec. 204 of the Cuban Liberty and Democratic 
Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 810) 
provided the following:
    ``sec. 204. [22 U.S.C. 6064] termination of the economic embargo of 
cuba.
    ``(a) Presidential Actions.--Upon submitting a determination to the 
appropriate congressional committees under section 203(c)(1) that a 
transition government in Cuba is in power, the President, after 
consultation with the Congress, is authorized to take steps to suspend 
the economic embargo of Cuba and to suspend the right of action created 
in section 302 with respect to actions thereafter filed against the 
Cuban Government, to the extent that such steps contribute to a stable 
foundation for a democratically elected government in Cuba.
    ``(b) Suspension of Certain Provisions of Law.--In carrying out 
subsection (a), the President may suspend the enforcement of--
          ``(1) section 620(a) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2370(a));
          ``(2) section 620(f) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2370(f)) with respect to the ``Republic of Cuba'';
          ``(3) sections 1704, 1705(d), and 1706 of the Cuban Democracy 
        Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005);
          ``(4) section 902(c) of the Food Security Act of 1985; and
          ``(5) the prohibitions on transactions described in part 515 
        of title 31, Code of Federal Regulations.
    ``(c) Additional Presidential Actions.--Upon submitting a 
determination to the appropriate congressional committees under section 
203(c)(3) that a democratically elected government in Cuba is in power, 
the President shall take steps to terminate the economic embargo of 
Cuba, including the restrictions under part 515 of title 31, Code of 
Federal Regulations.
    ``(d) Conforming Amendments.--On the date on which the President 
submits a determination under section 203(c)(3)--
          ``(1) section 620(a) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2370(a)) is repealed;
          ``(2) section 620(f) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2370(f)) is amended by striking ``Republic of 
        Cuba'';
          ``(3) sections 1704, 1705(d), and 1706 of the Cuban Democracy 
        Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005) are repealed; 
        and
          ``(4) section 902(c) of the Food Security Act of 1985 is 
        repealed.
    ``(e) Review of Suspension of Economic Embargo.--
          ``(1) Review.--If the President takes action under subsection 
        (a) to suspend the economic embargo of Cuba, the President 
        shall immediately so notify the Congress. The President shall 
        report to the Congress no less frequently than every 6 months 
        thereafter, until he submits a determination under section 
        203(c)(3) that a democratically elected government in Cuba is 
        in power, on the progress being made by Cuba toward the 
        establishment of such a democratically elected government. The 
        action of the President under subsection (a) shall cease to be 
        effective upon the enactment of a joint resolution described in 
        paragraph (2).
          ``(2) Joint Resolutions.--For purposes of this subsection, 
        the term `joint resolution' means only a joint resolution of 
        the 2 Houses of Congress, the matter after the resolving clause 
        of which is as follows: `That the Congress disapproves the 
        action of the President under section 204(a) of the Cuban 
        Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to 
        suspend the economic embargo of Cuba, notice of which was 
        submitted to the Congress on ________.', with the blank space 
        being filled with the appropriate date.
          ``(3) Referral to committees.--Joint resolutions introduced 
        in the House of Representatives shall be referred to the 
        Committee on International Relations and joint resolutions 
        introduced in the Senate shall be referred to the Committee on 
        Foreign Relations.
          ``(4) Procedures.--(A) Any joint resolution shall be 
        considered in the Senate in accordance with the provisions of 
        section 601(b) of the International Security Assistance and 
        Arms Export Control Act of 1976.
          ``(B) For the purpose of expediting the consideration and 
        enactment of joint resolutions, a motion to proceed to the 
        consideration of any joint resolution after it has been 
        reported by the appropriate committee shall be treated as 
        highly privileged in the House of Representatives.
          ``(C) Not more than 1 joint resolution may be considered in 
        the House of Representatives and the Senate in the 6-month 
        period beginning on the date on which the President notifies 
        the Congress under paragraph (1) of the action taken under 
        subsection (a), and in each 6-month period thereafter.''.

ance.\754\--(a)(1) \755\ No assistance shall be furnished under 
this Act to the present government of Cuba.\756\ As an 
additional means of implementing and carrying into effect the 
policy of the preceding sentence, the President is authorized 
to establish and maintain a total embargo upon all trade 
between the United States and Cuba.

-----------------------------------------------------------------------
    \754\ Sec. 301(d)(1) of the FA Act of 1965 inserted ``Prohibitions 
Against Furnishing Assistance.--'' for ``Prohibitions Against 
Furnishing Assistance to Cuba and Certain Other Countries.--''.
    \755\ Sec. 301(e)(1)(A) of the FA Act of 1963 inserted ``(1)'' 
after subsec. (a).
    \756\ The phrase, ``; nor shall any such assistance be furnished to 
any country which furnishes assistance to the present government of 
Cuba unless the President determines that such assistance is in the 
national interest of the United States'', which formerly appeared at 
this point, was struck out by sec. 123(a)(1) of the International 
Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 
541).

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    (2) \757\ Except as may be deemed necessary by the 
President in the interest of the United States, no assistance 
shall be furnished under this Act to any government of Cuba, 
nor shall Cuba be entitled to receive any quota authorizing the 
importation of Cuban sugar into the United States or to receive 
any other benefit under any law of the United States, until the 
President determines that such government has taken appropriate 
steps according to international law standards to return to 
United States citizens, and to entities not less than 50 per 
centum beneficially owned by United States citizens, or to 
provide equitable compensation to such citizens and entities 
for property taken from such citizens and entities on or after 
January 1, 1959, by the Government of Cuba.

-----------------------------------------------------------------------
    \757\ Pars. (2) and (3) were added by sec. 301(e)(1)(B) of the FA 
Act of 1963. Paragraph (3), restricting shipments to Cuba, was 
subsequently repealed by sec. 123(a)(2) of the International 
Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 
541).
---------------------------------------------------------
    (b) \758\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \758\ Subsec. (b) was repealed by sec. 734(a)(1) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1560). It previously read as follows:
    ``(B) No assistance shall be furnished under this Act to the 
government of any country unless the President determines that such 
country is not dominated or controlled by the international Communist 
movement.''.
---------------------------------------------------------
    (c) \759\ No assistance shall be provided under this Act to 
the government of any country which is indebted to any United 
States citizen or person for goods or services furnished or 
ordered where (i) such citizen or person has exhausted 
available legal remedies, which shall include arbitration, or 
(ii) the debt is not denied or contested by such government, or 
(iii) such indebtedness arises under an unconditional guaranty 
of payment given by such government, or any predecessor 
government, directly or indirectly, through any controlled 
entity: Provided, That the President does not find such action 
contrary to the national security.

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    \759\ Subsec. (c) was amended by sec. 301(d)(2) of the FA Act of 
1962. It formerly read as follows:
    ``(c) No assistance shall be provided under this Act to the 
government of any country which is indebted to any United States 
citizen for goods or services furnished, where such citizen has 
exhausted available legal remedies and the debt is not denied or 
contested by such government.''.
---------------------------------------------------------
    (d) No assistance shall be furnished on a loan basis under 
chapter 1 of part I \760\ of this Act for construction or 
operation of any productive enterprise in any country where 
such enterprise will compete with United States enterprise 
unless such country has agreed that it will establish 
appropriate procedures to prevent the exportation for use or 
consumption in the United States of more than 20 per centum of 
the annual production of such facility during the life of the 
loan. In case of failure to implement such agreement by the 
other contracting party, the President is authorized to 
establish necessary import controls to effectuate the 
agreement. The restrictions imposed by or pursuant to this 
subsection may be waived by the President where he determines 
that such waiver is in the national security interest.

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    \760\ The words ``on a loan basis under chapter 1 of part I'' were 
inserted in lieu of ``under section 201'' by sec. 102(g)(2)(F) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 943).
---------------------------------------------------------
    (e) \761\ (1) \762\ The President shall suspend assistance 
to the government of any country to which assistance is 
provided under this or any other Act when the government of 
such country or any government agency or subdivision within 
such country on or after January 1, 1962--

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    \761\ Subsec. (e) was added by sec. 301(d)(3) of the FA Act of 1962 
and was amended by sec. 301(e)(2) of the FA Act of 1963 and by secs. 
301(d)(1) and (2) of the FA Act of 1964.
    \762\ Subsec. (e)(1) is popularly referred to as the Hickenlooper 
amendment. Paragraph designation ``(1)'' was added by sec. 301(d)(1) of 
the FA Act of 1964.
    Sec. 5(b) of the Africa Famine Relief and Recovery Act of 1985 
(Public Law 99-8; 99 Stat. 22), permitted assistance with funds 
appropriated by the Act without regard to sec. 620(e)(1) [the 
``Hickenlooper Amendment''].
---------------------------------------------------------
          (A) \763\ has nationalized or expropriated or seized 
        ownership or control of property owned by any United 
        States citizen or by any corporation, partnership, or 
        association not less than 50 per centum beneficially 
        owned by United States citizens, or

-----------------------------------------------------------------------
    \763\ Sec. 301(d)(2) of the FA Act of 1964 redesignated subpars. 
(1), (2), and (3) as subpars. (A), (B), and (C), respectively.
---------------------------------------------------------
          (B) \763\ has taken steps to repudiate or nullify 
        existing contracts or agreements with any United States 
        citizen or any corporation, partnership, or association 
        not less than 50 per centum beneficially owned by 
        United States citizens, or
          (C) \763\ has imposed or enforced discriminatory 
        taxes or other exactions, or restrictive maintenance or 
        operational conditions, or has taken other actions, 
        which have the effect of nationalizing, expropriating, 
        or otherwise seizing ownership or control of property 
        so owned,
and such country, government agency, or government subdivision 
fails within a reasonable time (not more than six months after 
such action, or, in the event of a referral to the Foreign 
Claims Settlement Commission of the United States within such 
period as provided herein, not more than twenty days after the 
report of the Commission is received) to take appropriate 
steps, which may include arbitration, to discharge its 
obligations under international law toward such citizen or 
entity, including speedy compensation for such property in 
convertible foreign exchange, equivalent to the full value 
thereof, as required by international law, or fails to take 
steps designed to provide relief from such taxes, exactions, or 
conditions, as the case may be; and such suspension shall 
continue until the President is satisfied that appropriate 
steps are being taken, and the provisions of this subsection 
shall not be waived with respect to any country unless the 
President determines and certifies that such a waiver is 
important to the national interests of the United States. Such 
certification shall be reported immediately to Congress.\764\

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    \764\ The words to this point, beginning with ``the provisions of 
this subsection * * *'' were inserted in lieu of ``no other provision 
of this Act shall be construed to authorize the President to waive the 
provisions of this subsection,'' by sec. 15 of the FA Act of 1973.
---------------------------------------------------------
    Upon request of the President (within seventy days after 
such action referred to in subparagraphs (A), (B), or (C) of 
paragraph (1) \765\ of this section), the Foreign Claims 
Settlement Commission of the United States (established 
pursuant to Reorganization Plan No. 1 of 1954, 68 Stat. 1279) 
is hereby authorized to evaluate expropriated property, 
determining the full value of any property nationalized, 
expropriated, or seized, or subject to discriminatory or other 
actions as aforesaid, for purposes of this subsection and to 
render an advisory report to the President within ninety days 
after such request. Unless authorized by the President, the 
Commission shall not publish its advisory report except to the 
citizen or entity owning such property. There is hereby 
authorized to be appropriated such amount, to remain available 
until expended, as may be necessary from time to time to enable 
the Commission to carry out expeditiously its functions under 
this subsection.
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    \765\ Sec. 301(d)(3) of the FA Act of 1964 inserted ``subparagraphs 
(A), (B), or (C) of paragraph (1)'' in lieu of ``paragraphs (1), (2), 
or (3)''.
-----------------------------------------------------------------------
  
  (2) \766\ 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 \767\ 
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 this subsection: Provided, That this 
subparagraph shall not be applicable (1) 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 (2) 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.\768\

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    \766\ Par. (2) was added by sec. 301(d)(4) of the FA Act of 1964.
    \767\ Sec. 301(d)(2) of the FA Act of 1965 inserted the words ``to 
property''.
    \768\ The words ``, or (3) in any case in which the proceedings are 
commenced after January 1, 1966'', which appeared at this point, were 
struck out by sec. 301(d)(2) of the FA Act of 1965.
    See also sec. 527 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 22 U.S.C. 2370a), 
relating to expropriation of U.S. property, in Legislation on Foreign 
Relations Through 1997, vol. II.
---------------------------------------------------------
    (f) \769\ (1) \770\ No assistance shall be furnished under 
this Act, as amended (except section 214(b)), to any Communist 
country. This restriction may not be waived pursuant to any 
authority contained in this Act unless the President finds and 
promptly reports to Congress that: (A) such assistance is vital 
to the security of the United States; (B) the recipient country 
is not controlled by the international Communist conspiracy; 
and (C) such assistance will further promote the independence 
of the recipient country from international communism. For the 
purposes of this subsection, the phrase ``Communist country'' 
includes specifically, but is not limited to, the following 
countries: \771\

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    \769\ Subsec. (f) was added by sec. 301(d)(3) of the FA Act of 
1962.
    Sec. 516 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2410), 
provided the following:

 ``LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS 
                              AND PROGRAMS

    ``Sec. 516. Notwithstanding any other provision of law or of this 
Act, none of the funds provided for `International Organizations and 
Programs' shall be available for the United States proportionate share, 
in accordance with section 307(c) of the Foreign Assistance Act of 
1961, for any programs identified in section 307, or for Libya, Iran, 
or, at the discretion of the President, Communist countries listed in 
section 620(f) of the Foreign Assistance Act of 1961, as amended: 
Provided, That, subject to the regular notification procedures of the 
Committees on Appropriations, funds appropriated under this Act or any 
previously enacted Act making appropriations for foreign operations, 
export financing, and related programs, which are returned or not made 
available for organizations and programs because of the implementation 
of this section or any similar provision of law, shall remain available 
for obligation through September 30, 1999.''.
    \770\ Sec. 1202 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 276) redesignated 
clauses ``(1)'', ``(2)'' and ``(3)'' as ``(A)'', ``(B)'' and ``(C)''; 
added the text of par. (2); and added the ``(1)'' designation 
immediately after subsec. (f).
    The Secretary of State determined the following countries to be 
removed from the application of section 620(f)(2) pursuant to national 
interests of the United States: People's Republic of China and Tibet, 
removed December 11, 1985 (51 F.R. 1890; January 15, 1986); Yugoslavia, 
removed August 5, 1986 (51 F.R. 29662; August 19, 1986); Poland and 
Hungary, removed Sept. 7, 1989 (Department of State memoranda to 
Chairman, House Committee on Foreign Affairs, Sept. 7, 1989); Czech and 
Slovak Federal Republic, removed June 14, 1990 (55 F.R. 24335; June 15, 
1990); German Democratic Republic, removed July 12, 1990 (55 F.R. 
33996; August 20, 1990); Republic of Bulgaria, removed May 3, 1991 (56 
F.R. 22747; May 16, 1991); Soviet Union, removed September 10, 1991 (56 
F.R. 51734; October 15, 1991); Estonia, Latvia, and Lithuania, removed 
September 14, 1991 (56 F.R. 48600; September 25, 1991); Romania, 
removed August 15, 1991 (56 F.R. 63753; December 5, 1991); Laos, 
removed May 12, 1995 (60 F.R. 30148; June 7, 1995).
    \771\ Sec. 573 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 
Stat. 1653), struck the Mongolian People's Republic from the list.
    Previously, Sec. 901 of the FREEDOM Support Act (Public Law 102-
511; 106 Stat. 3355) struck the Czechoslovak Socialist Republic, 
Estonia, German Democratic Republic, Hungarian People's Republic, 
Latvia, Lithuania, People's Republic of Albania, People's Republic of 
Bulgaria, Polish People's Republic, Socialist Federal Republic of 
Yugoslavia, Socialist Republic of Romania, and Union of Soviet 
Socialist Republics (including its captive constituent republics) from 
the list.
    Previously, sec. 707 of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1546) made 
technical changes to this sentence in subsec. (f) and to the list of 
countries.
-----------------------------------------------------------------------

          Democratic People's Republic of Korea.
          People's Republic of China.
          Republic of Cuba.
          Socialist Republic of Vietnam.
          Tibet.
    (2) \770\ Notwithstanding the provisions of paragraph (1) 
of this subsection, the President may remove a country, for 
such period as the President determines, from the application 
of this subsection, and other provisions which reference this 
subsection, if the President determines and reports to the 
Congress that such action is important to the national interest 
of the United States. It is the sense of the Congress that when 
consideration is given to authorizing assistance to a country 
removed from the application of this subsection, one of the 
factors to be weighed, among others, is whether the country in 
question is giving evidence of fostering the establishment of a 
genuinely democratic system, with respect for internationally 
recognized human rights.
    (g) \772\ Notwithstanding any other provision of law, no 
monetary assistance shall be made available under this Act to 
any government or political subdivision or agency of such 
government which will be used to compensate owners for 
expropriated or nationalized property and, upon finding by the 
President that such assistance has been used by any government 
for such purpose, no further assistance under this Act shall be 
furnished to such government until appropriate reimbursement is 
made to the United States for sums so diverted. This 
prohibition shall not apply to monetary assistance made 
available for use by a government (or a political subdivision 
or agency of a government) to compensate nationals of that 
country in accordance with a land reform program, if the 
President determines that monetary assistance for such land 
reform program will further the national interests of the 
United States.\773\

----------------------------------------------------------------------
    \772\ Subsecs. (g) and (h) were added by sec. 301(d)(3) of the FA 
Act of 1962.
    \773\ The last sentence of subsec. (g) was added by sec. 1203 of 
the International Security and Development Cooperation Act of 1985 
(Public Law 99-83; 99 Stat. 277).
---------------------------------------------------------
    (h) \772\ The President shall adopt regulations and 
establish procedures to insure that United States foreign aid 
is not used in a manner which, contrary to the best interests 
of the United States, promotes or assists the foreign aid 
projects or activities of any country that is a Communist 
country for purposes of subsection (f).\774\

-----------------------------------------------------------------------
    \774\ Sec. 705(3) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2317) struck out ``the Communist-bloc countries'', and inserted 
in lieu thereof ``any country that is a Communist country for purposes 
of subsection (f)''.
---------------------------------------------------------
    (i) \775\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \775\ Subsec. (i), as added by sec. 301(e)(3) of the FA Act of 1963 
and amended by sec. 301(h)(1) of the FA Act of 1966, was repealed by 
sec. 734(a)(1) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). Formerly, 
subsec. (i) had prohibited any foreign assistance or sales under Public 
Law 480 to countries engaging in or preparing for aggressive military 
efforts or participating in an international conference involving the 
planning of insurrection or subversion directed against the United 
States or other nations receiving American foreign aid or Public Law 
480 sales.
---------------------------------------------------------
    (j) \776\ The President shall consider terminating 
assistance under this or any other Act to any country which 
permits, or fails to take adequate measures to prevent, the 
damage or destruction by mob action of United States property 
within such country, and fails to take appropriate measures to 
prevent a recurrence thereof and to provide adequate 
compensation for such damage or destruction.

-----------------------------------------------------------------------
    \776\ Subsec. (j), which was added by sec. 301(e)(3) of the FA Act 
of 1963, was amended by sec. 301(f)(1) of the FA Act of 1967. It 
formerly read as follows: ``No assistance under this Act shall be 
furnished to Indonesia unless the President determines that the 
furnishing of such assistance is essential to the national interest of 
the United States. The President shall keep the Foreign Relations 
Committee and the Appropriations Committee of the Senate and the 
Speaker of the House of Representatives fully and currently informed of 
any assistance furnished to Indonesia under this Act.''.
---------------------------------------------------------
    (k) \777\ Without the express approval of Congress, no 
assistance shall be furnished under this Act to any country for 
construction of any productive enterprise with respect to which 
the aggregate value of assistance to be furnished by the United 
States will exceed $100,000,000, except that this sentence does 
not apply with respect to assistance for construction of any 
productive enterprise in Egypt which is described in the 
presentation materials to Congress.\778\ Except as otherwise 
provided in section 506,\779\ no military assistance to be 
furnished beginning July 1, 1966, by the United States will 
exceed $100,000,000 unless such program has been included in 
the presentation to the Congress during its consideration of 
authorizations for appropriations under this Act or of 
appropriations pursuant to authorizations contained in this 
Act. No provision of this or any other Act shall be construed 
to authorize the President to waive the provisions of this 
subsection.

-----------------------------------------------------------------------
    \777\ Subsec. (k), which was added by sec. 301(e)(3) of the FA Act 
of 1963, was amended by sec. 301(h)(2) of the FA Act of 1966. It 
formerly read as follows:
    ``(k) Until the enactment of the Foreign Assistance Act of the 1965 
or other general legislation, during the calendar year 1965, 
authorizing additional appropriations to carry out programs of 
assistance under this Act, no assistance shall be furnished under this 
Act to any country for construction of any productive enterprise with 
respect to which the aggregate value of such assistance to be furnished 
by the United States will exceed $100,000,000. No other provision of 
this Act shall be construed to authorize the President to waive the 
provisions of this subsection.''.
    \778\ The words to this point beginning with ``, except that this 
sentence does not apply'' were added by sec. 606 of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 757). A reference to fiscal years 1977, 1980, and 1981, 
which previously appeared at the end of this sentence (the latter two 
were added by sec. 203 of Public Law 96-533 (94 Stat. 3145)), was 
deleted by sec. 702 of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1544).
    \779\ Sec. 301(f)(2) of the FA Act of 1967 inserted ``506'' for 
``510''.
---------------------------------------------------------
    (l) \780\ The President shall consider denying assistance 
under this Act to the government of any less developed country 
which, after December 31, 1966, has failed to enter into an 
agreement with the President to institute the investment 
guaranty program under section 234(a)(1) of this Act, providing 
protection against the specific risks of inconvertibility under 
subparagraph (A), and expropriation or confiscation under 
subparagraph (B), of such section 234(a)(1).

-----------------------------------------------------------------------
    \780\ Subsec. (l), which was added by sec. 301(e)(3) of the FA Act 
of 1963, was amended by sec. 301(h)(3) of the FA Act of 1936. It 
formerly read as follows:
    ``(l) No assistance shall be provided under this Act after December 
31, 1966, to the government of any less developed country which has 
failed to enter into an agreement with the President to institute the 
investment guaranty program under section 221(b)(1) of this Act, 
providing protection against the specific risks of inconvertibility 
under subparagraph (A), and expropriation or confiscation under 
subparagraph (B), of such section 221(b)(1).''.
---------------------------------------------------------
    (m) \781\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \781\ Subsec. (m), prohibiting assistance on a grant basis to any 
economically developed nation with certain condition, added by sec. 
301(e)(3) of the FA Act of 1963, amended by sec. 301(g) of the FA Act 
of 1964, was repealed by sec. 734(a)(1) of the International Security 
and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 
1560).
---------------------------------------------------------
    (n) \782\ * * * [Repealed--1977]
---------------------------------------------------------
    \782\ Subsec. (n), as added by sec. 301(d)(4) of the FA Act of 1965 
and amended by the FA Act of 1966, 1967, and 1974, was repealed by sec. 
123(b) of the International Development and Food Assistance Act of 1977 
(Public Law 95-88; 91 Stat. 541). It formerly read as follows:
    ``(n) No loans, credits, guaranties, or grants or other assistance 
shall be furnished under this or any other Act, and no sales shall be 
made under the Agricultural Trade Development and Assistance Act of 
1954, to any country which sells or furnishes to North Vietnam, or 
which permits ships or aircraft under its registry to transport to or 
from North Vietnam, any equipment, materials, or commodities, so long 
as the regime in North Vietnam gives support to hostilities in South 
Vietnam, unless the President determines that such loans, credits, 
guaranties, grants, other assistance, or sales are in the national 
interest of the United States.''.
---------------------------------------------------------
    (o) \783\ In determining whether or not to furnish 
assistance under this Act, consideration shall be given to 
excluding from such assistance any country which hereafter 
seizes, or imposes any penalty or sanction against, any United 
States fishing vessel on account of its fishing activities in 
international waters. The provisions of this subsection shall 
not be applicable in any case governed by international 
agreement to which the United States is a party.

-----------------------------------------------------------------------
    \783\ Subsec. (o) was added by sec. 301(d)(4) of the FA Act of 
1965.
-----------------------------------------------------------------------

    (p) \784\ * * * [Repealed--1974]

-----------------------------------------------------------------------
    \784\ Subsec. (p), as added by sec. 301(h)(5) of the FA Act of 
1966, and related to assistance to the United Arab Republic, was 
repealed by Sec. 44 of the FA Act of 1974.
-----------------------------------------------------------------------

    (q) \785\ No assistance shall be furnished under this Act 
to any country which is in default, during a period in excess 
of six calendar months, in payment to the United States of 
principal or interest on any loan made to such country under 
this Act, unless such country meets its obligations under the 
loan or unless the President determines that assistance to such 
country is in the national interest and notifies the Speaker of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate of such determination.

-----------------------------------------------------------------------
    \785\ Subsecs. (q) and (r) were added by sec. 301(h)(5) of the FA 
Act of 1966.
    The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 199 (Public Law 105-118; 111 Stat. 2408), provided 
the following:

           ``limitation on assistance to countries in default

    ``Sec. 512. No part of any appropriation contained in this Act 
shall be used to furnish assistance to any country which is in default 
during a period in excess of one calendar year in payment to the United 
States of principal or interest on any loan made to such country by the 
United States pursuant to a program for which funds are appropriated 
under this Act: Provided, That this section and section 620(q) of the 
Foreign Assistance Act of 1961 shall not apply to funds made available 
in this Act or during the current fiscal year for Nicaragua and 
Liberia, and for any narcotics-related assistance for Colombia, 
Bolivia, and Peru authorized by the Foreign Assistance Act of 1961 or 
the Arms Export Control Act.''.
    See also in that Act sec. 522--Child Survival, AIDS, and Other 
Activities; and sec. 522--Special Debt Relief for the Poorest.
-----------------------------------------------------------------------

    (r) \785\ No recipient of a loan made under the authority 
of this Act, any part of which is outstanding on or after the 
date of enactment of this subsection, shall be relieved of 
liability for the repayment of any part of the principal of or 
interest on such loan.
    (s) \786\ (1) In order to restrain arms races and 
proliferation of sophisticated weapons, and to ensure that 
resources intended for economic development are not diverted to 
military purposes, the President shall take into account before 
furnishing development loans, Alliance loans or supporting 
assistance to any country under this Act, and before making 
sales under the Agricultural Trade Development and Assistance 
Act of 1954, as amended: \787\

-----------------------------------------------------------------------
    \786\ Subsec. (s), as added by sec. 301(f)(4) of the FA Act of 
1967, was amended and restated by sec. 303(a) of the FA Act of 1969.
    \787\ For text, see Legislation on Foreign Relations Through 1997, 
vol. I-B.
-----------------------------------------------------------------------
 
         (A) the percentage of the recipient or purchasing 
        country's budget which is devoted to military purposes; 
        and
          (B) the degree to which the recipient or purchasing 
        country is using its foreign exchange or other \788\ 
        resources to acquire military equipment.

-----------------------------------------------------------------------
    \788\ Sec. 734(b) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) added the 
words ``or other'' in subpar. (B) and repealed subpar. (C). Subpar. (C) 
formerly read as follows:
    ``(C) the amount spent by the recipient or purchasing country for 
the purchase of sophisticated weapons systems, such as missile systems 
and jet aircraft for military purposes, from any country.''.
---------------------------------------------------------
    (2) The President shall report annually to the Speaker of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate his actions in carrying out this 
provision.
    (t) \789\ No assistance shall be furnished under this or 
any other Act and no sales shall be made under the Agricultural 
Trade Development and Assistance Act of 1954, in or to any 
country which has severed or hereafter severs diplomatic 
relations with the United States or with which the United 
States has severed or hereafter severs diplomatic relations, 
unless (1) diplomatic relations have been resumed with such 
country and (2) agreements for the furnishing of such 
assistance or the making of such sales, as the case may be, 
have been negotiated and entered into after the resumption of 
diplomatic relations with such country.

-----------------------------------------------------------------------
    \789\ Subsecs. (t) and (u) were added by sec. 301(f)(4) of the FA 
Act of 1967.
-----------------------------------------------------------------------

    (u) \789\ In any decision to provide or continue to provide 
any program of assistance to any country under the Foreign 
Assistance Act of 1961, as amended, there shall be taken into 
account the status of the country with respect to its dues, 
assessments, and other obligations to the United Nations; and 
where such country is delinquent with respect to any such 
obligations for the purposes of the first sentence of Article 
19 of the United Nations Charter, the President shall furnish 
the Committee on Foreign Relations of the Senate and the 
Speaker of the House of Representatives a report setting forth 
the assurance given by the government of the country concerned 
of paying all of its arrearages and of placing its payments of 
such obligations on a current basis, or a full explanation of 
the unusual or exceptional circumstances which render it 
economically incapable of giving such assurance.
    (v) \790\ * * * [Repealed--1974]

-----------------------------------------------------------------------
    \790\ Subsec. (v) as added by sec. 301 of the FA Act of 1971 was 
repealed by sec. 24 of the FA Act of 1974. Former subsec. (v) concerned 
assistance to Greece.
-----------------------------------------------------------------------

    (w) \791\ * * * [Repealed--1978]

--------------------------------------------------------------------------
    \791\ Subsec. (w), as added by the FA Act of 1971, concerning 
suspension of aid to Pakistan, was repealed by sec. 502(d)(1) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 959).
-----------------------------------------------------------------------

    (x) \792\ (1) All military assistance, all sales of defense 
articles and services (whether for cash or by credit, guaranty, 
or any other means), and all licenses with respect to the 
transportation of arms, ammunitions, and implements of war 
(including technical data relating thereto) to the Government 
of Turkey, shall be suspended on the date of enactment of this 
subsection unless and until the President determines and 
certifies to the Congress that the Government of Turkey is in 
compliance with the Foreign Assistance Act of 1961, the Foreign 
Military Sales Act,\793\ and any agreement entered into under 
such Acts, and that substantial progress toward agreement has 
been made regarding military forces in Cyprus: Provided, That 
for the fiscal year 1978 \794\ the President may suspend the 
provisions of this subsection and of section 3(c) of the Arms 
Export Control Act with respect to cash sales and extensions of 
credits and guaranties under such Act for the procurement of 
such defense articles and defense services as the President 
determines are necessary to enable Turkey to fulfill her 
defense responsibilities as a member of the North Atlantic 
Treaty Organization, except that during the fiscal year 1978 
\795\ the total value of defense articles and defense services 
sold to Turkey under such Act, either for cash or financed by 
credits and guaranties, shall not exceed $175,000,000.\796\ Any 
such suspension shall be effective only so long as Turkey 
observes the cease-fire on Cyprus, does not increase its 
military forces or its civilian population on Cyprus, and does 
not transfer to Cyprus any United States supplied arms, 
ammunition, or implements of war. The determination required by 
the proviso in the first sentence of this paragraph shall be 
made, on a case-by-case basis, with respect to each cash sale, 
each approval for use of credits, and each approval for use of 
a guaranty for Turkey. Each such determination shall be 
reported to the Congress and shall be accompanied by a full and 
complete statement of the reasons supporting the President's 
determination and a statement containing the information 
specified in clauses (A) through (D) of section 2(c)(4) of the 
Act of October 6, 1975 (Public Law 94-104).\797\ In any case 
involving the sale of significant combat equipment on the 
United States Munitions List in which the congressional review 
provisions of section 36(b) of the Arms Export Control Act do 
not apply, the President may not issue the letter of offer or 
approve the use of the credits or guaranty, as the case may be, 
until the end of the thirty-day period beginning on the date on 
which the report required by the preceding sentence is 
submitted to the Congress.\798\

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    \792\ Subsec. (x) was added by sec. 22 of the FA Act of 1974. Sec. 
13(a) of the International Security Assistance Act of 1978 (Public Law 
95-384; 92 Stat. 737) specified that subsec. (x) would be of no further 
force and effect once the President had determined and certified to the 
Congress that resumption of aid to Turkey was in the national interest 
as well as in the interest of NATO and that Turkey was acting in good 
faith toward achieving a peaceful settlement of the Cyprus problem. The 
President made such a determination, dated September 26, 1978.
    \793\ Renamed the Arms Export Control Act.
    \794\ Sec. 22(d)(1) of the International Security Assistance Act of 
1977 (Public Law 95-92; 91 Stat. 624) struck out the references to 
fiscal years 1976 and 1977 and added the references to fiscal year 
1978.
    \795\ Sec. 22(d)(2) of the International Security Assistance Act of 
1977 (Public Law 95-92; 91 Stat. 624) added the words ``during the 
fiscal year 1978'', and struck out the following that had previously 
appeared at this point:
    ``(A) during the fiscal year 1976 and the period beginning July 1, 
1976, and ending September 30, 1976, the total value of defense 
articles and defense services sold to Turkey under such Act, either for 
cash or financed by credits and guaranties, shall not exceed 
$125,000,000, and (B) during the fiscal year 1977.''.
    \796\ The figure, ``$175,000,000'', was inserted in lieu of 
``$125,000,000'' by sec. 22(d)(3) of the International Security 
Assistance Act of 1977 (Public Law 95-92; 91 Stat. 624).
    \797\ For text, see Legislation on Foreign Relations Through 1997, 
vol. I-B.
    \798\ Sec. 403 of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 757) amended 
sec. 620(x)(1) beginning with the words ``Provided, That for the fiscal 
year * * *''. Sec. 620(x)(1) formerly read as follows: Provided, That 
the President is authorized to suspend the provisions of this section 
and such acts if he determines that such suspension will further 
negotiations for a peaceful solution of the Cyprus conflict. Any such 
suspension shall be effective only until February 5, 1975, and only if, 
during that time, Turkey shall observe the ceasefire and shall neither 
increase its forces in Cyprus nor transfer to Cyprus any U.S. supplied 
implements of war.''.

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    (2) \799\ The President shall submit to the Congress within 
60 days after the enactment of this paragraph \800\ and at the 
end of such succeeding sixty-day period, a report on progress 
made during such period toward the conclusion of a negotiated 
solution of the Cyprus conflict.

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    \799\ Par. (2) was added by sec. 2(a)(2) of Public Law 94-104.
    \800\ Par. (2) did not become effective until enactment of the 
International Security Assistance and Arms Export Control Act of 1976 
on June 30, 1976. See sec. 2(c)(5) of Public Law 94-104, in Legislation 
on Foreign Relations Through 1997, vol. I-B, for explanation of the 
effective date of par. (2).
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    Sec. 620A.\801\, \802\ Prohibition on Assistance 
to Governments Supporting International Terrorism.

-----------------------------------------------------------------------
    \801\ 22 U.S.C. 2371.
    \802\ Section 620A was added by sec. 303 of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 753). It was amended and restated by sec. 503(a) of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 220). It was further amended and restated by sec. 5 
of the Anti-Terrorism and Arms Export Amendments Act of 1989 (Public 
Law 101-222; 103 Stat. 1897).
    Section 10 of the Anti-Terrorism and Arms Export Amendments Act of 
1989 (Public Law 101-222; 103 Stat. 1900) provided the following in 
relation to the amendment of sec. 620A:
    ``Sec. 10. self-defense in accordance with international law.
    ``The use by any government of armed force in the exercise of 
individual or collective self-defense in accordance with applicable 
international agreements and customary international law shall not be 
considered an act of international terrorism for purposes of the 
amendments made by this Act.''.
    The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2413), provided 
the following:

      ``prohibition on bilateral assistance to terrorist countries

    ``Sec. 527. (a) Notwithstanding any other provision of law, funds 
appropriated for bilateral assistance under any heading of this Act and 
funds appropriated under any such heading in a provision of law enacted 
prior to enactment of this Act, shall not be made available to any 
country which the President determines--
          ``(1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism; or
          ``(2) otherwise supports international terrorism.
    ``(b) The President may waive the application of subsection (a) to 
a country if the President determines that national security or 
humanitarian reasons justify such waiver. The President shall publish 
each waiver in the Federal Register and, at least 15 days before the 
waiver takes effect, shall notify the Committees on Appropriations of 
the waiver (including the justification for the waiver) in accordance 
with the regular notification procedures of the Committees on 
Appropriations.''.

        *        *        *        *        *        *        *        

 ``PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL 
   MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM

    ``Sec. 550. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 40(d) of the Arms Export Control Act. The 
prohibition under this section with respect to a foreign government 
shall terminate 12 months after that government ceases to provide such 
military equipment. This section applies with respect to lethal 
military equipment provided under a contract entered into after October 
1, 1997.
    ``(b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of 
the United States.
    ``(c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional committees a 
report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance estimated 
to be provided, including the estimated dollar amount of such 
assistance, and an explanation of how the assistance furthers United 
States national interests.''.
    See also in that Act: sec. 539--Special Authorities; sec. 542--
Eligibility for Assistance; and sec. 558--Special Debt Relief for the 
Poorest.
    See also sec. 586 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2047), cited as the ``Iraq Sanctions Act of 1990'', in 
Legislation on Foreign Relations Through 1997, vol. I-B.
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    (a) \803\ Prohibition.--The United States shall not provide 
any assistance under this Act, the Agricultural Trade 
Development and Assistance Act of 1954, the Peace Corps Act, or 
the Export-Import Bank Act of 1945 to any country if the 
Secretary of State determines that the government of that 
country has repeatedly provided support for acts of 
international terrorism.

-----------------------------------------------------------------------
    \803\ See also 18 U.S.C. 2332d, as added by sec. 321 of Public Law 
104-132 (110 Stat. 1254), which provides that U.S. persons engaging in 
financial transactions with the government of a country designated as 
supporting international terrorism under sec. 6(j) of the Export 
Administration Act (50 U.S.C. App. 2405) shall be fined under title 18, 
imprisoned for not more than 10 years, or both.
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    (b) Publication of Determinations.--Each determination of 
the Secretary of State under subsection (a), including each 
determination in effect on the date of the enactment of the 
Antiterrorism and Arms Export Amendments Act of 1989, shall be 
published in the Federal Register.
    (c) Rescission.--A determination made by the Secretary of 
State under subsection (a) may not be rescinded unless the 
President submits to the Speaker of the House of 
Representatives and the Chairman of the Committee on Foreign 
Relations of the Senate--
          (1) before the proposed rescission would take effect, 
        a report certifying that--
                  (A) there has been a fundamental change in 
                the leadership and policies of the government 
                of the country concerned;
                  (B) that government is not supporting acts of 
                international terrorism;
                  (C) that government has provided assurances 
                that it will not support acts of international 
                terrorism in the future; or
          (2) at least 45 days before the proposed rescission 
        would take effect, a report justifying the rescission 
        and certifying that--
                  (A) the government concerned has not provided 
                any support for international terrorism during 
                the preceding 6-month period; and
                  (B) the government concerned has provided 
                assurances that it will not support acts of 
                international terrorism in the future.
    (d) Waiver.--Assistance prohibited by subsection (a) may be 
provided to a country described in that subsection if--
          (1) the President determines that national security 
        interests or humanitarian reasons justify a waiver of 
        subsection (a), except that humanitarian reasons may 
        not be used to justify assistance under part II of this 
        Act (including chapter 4, chapter 6, and chapter 8), or 
        the Export-Import Bank Act of 1945; and
          (2) at least 15 days before the waiver takes effect, 
        the President consults with the Committee on Foreign 
        Affairs \804\ of the House of Representatives and the 
        Committee on Foreign Relations of the Senate regarding 
        the proposed waiver and submits a report to the Speaker 
        of the House of Representatives and the chairman of the 
        Committee on Foreign Relations of the Senate 
        containing--

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    \804\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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                  (A) the name of the recipient country;
                  (B) a description of the national security 
                interests or humanitarian reasons which require 
                the waiver;
                  (C) the type and amount of and the 
                justification for the assistance to be provided 
                pursuant to the waiver; and
                  (D) the period of time during which such 
                waiver will be effective.
The waiver authority granted in this subsection may not be used 
to provide any assistance under the Foreign Assistance Act of 
1961 which is also prohibited by section 40 of the Arms Export 
Control Act.
    Sec. 620B.\805\ Prohibition Against Assistance and Sales to 
Argentina.--* * * [Repealed--1981]

-----------------------------------------------------------------------
    \805\ Sec. 620B, as added by sec. 11 of Public Law 95-92 (91 Stat. 
619) and amended by sec. 12(c)(1) of Public Law 95-384 (92 Stat. 737), 
was repealed by sec. 725(a) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1553). 
Sec. 620B had prohibited the furnishing of MAP, ESF, IMET, and 
Peacekeeping assistance under this Act, and the extension of credits, 
sales, or export licenses under the Arms Export Control Act for 
Argentina after September 30, 1978. Sec. 725(b) of Public Law 97-113, 
conditions on U.S. assistance and sales to Argentina, was repealed in 
1989.
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    Sec. 620C.\806\ United States Policy Regarding the Eastern 
Mediterranean.--(a) The Congress declares that the achievement 
of a just and lasting Cyprus settlement is and will remain a 
central objective of United States foreign policy. The Congress 
further declares that any action of the United States with 
respect to section 620(x) of this Act shall not signify a 
lessening of the United States commitment to a just solution to 
the conflict on Cyprus but is authorized in the expectation 
that this action will be conducive to achievement of a Cyprus 
solution and a general improvement in relations among Greece, 
Turkey, and Cyprus and between those countries and the United 
States. The Congress finds that--

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    \806\ 22 U.S.C. 2373. Sec. 620C was added by sec. 13(b) of the 
International Security Assistance Act of 1978 (Public Law 95-384; 92 
Stat. 737).
    Title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1998 (Public Law 104-118; 111 Stat. 2390), 
provided the following:

                                ``CYPRUS

    ``Of the funds appropriated under the headings `Development 
Assistance' and `Economic Support Fund', not less than $15,000,000 
shall be made available for Cyprus to be used only for scholarships, 
administrative support of the scholarship program, bicommunal projects, 
and measures aimed at reunification of the island and designed to 
reduce tensions and promote peace and cooperation between the two 
communities on Cyprus.''.
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          (1) a just settlement on Cyprus must involve the 
        establishment of a free and independent government on 
        Cyprus and must guarantee that the human rights of all 
        of the people of Cyprus are fully protected;
          (2) a just settlement on Cyprus must include the 
        withdrawal of Turkish military forces from Cyprus;
          (3) the guidelines for inter-communal talks agreed to 
        in Nicosia in February 1977 and the United Nations 
        resolutions regarding Cyprus provide a sound basis for 
        negotiation of a just settlement on Cyprus;
          (4) serious negotiations, under United Nations 
        auspices, will be necessary to achieve agreement in, 
        and implementation of, constitutional and territorial 
        terms within such guidelines; and
          (5) the recent proposals by both Cypriot communities 
        regarding the return of the refugees to the city of New 
        Famagusta (Varosha) constitute a positive step and the 
        United States should actively support the efforts of 
        the Secretary General of the United Nations with 
        respect to this issue.
    (b) United States policy regarding Cyprus, Greece, and 
Turkey shall be directed toward the restoration of a stable and 
peaceful atmosphere in the Eastern Mediterranean region and 
shall therefore be governed by the following principles:
          (1) The United States shall actively support the 
        resolution of differences through negotiations and 
        internationally established peaceful procedures, shall 
        encourage all parties to avoid provocative actions, and 
        shall strongly oppose any attempt to resolve disputes 
        through force or threat of force.
          (2) The United States will accord full support and 
        high priority to efforts, particularly those of the 
        United Nations, to bring about a prompt, peaceful 
        settlement on Cyprus.
          (3) All defense articles furnished by the United 
        States to countries in the Eastern Mediterranean region 
        will be used only in accordance with the requirements 
        of this Act, the Arms Export Control Act, and the 
        agreements under which those defense articles were 
        furnished.
          (4) The United States will furnish security 
        assistance for Greece and Turkey only when furnishing 
        that assistance is intended solely for defensive 
        purposes, including when necessary to enable the 
        recipient country to fulfill its responsibilities as a 
        member of the North Atlantic Treaty Organization, and 
        shall be designed to ensure that the present balance of 
        military strength among countries of the region, 
        including between Greece and Turkey, is preserved. 
        Nothing in this paragraph shall be construed to 
        prohibit the transfer of defense articles to Greece or 
        Turkey for legitimate self defense or to enable Greece 
        or Turkey to fulfill their North Atlantic Treaty 
        Organization obligations.
          (5) The United States shall use its influence to 
        ensure the continuation of the ceasefire on Cyprus 
        until an equitable negotiated settlement is reached.
          (6) The United States shall use its influence to 
        achieve the withdrawal of Turkish military forces from 
        Cyprus in the context of a solution to the Cyprus 
        problem.
    (c) Because progress toward a Cyprus settlement is a high 
priority of United States policy in the Eastern Mediterranean, 
the President and the Congress shall continually review that 
progress and shall determine United States policy in the region 
accordingly. To facilitate such a review the President shall, 
within 60 days after the date of enactment of this section and 
at the end of each succeeding 60-day period, transmit to the 
Speaker of the House of Representatives and the chairman of the 
Committee on Foreign Relations of the Senate a report on 
progress made toward the conclusion of a negotiated solution of 
the Cyprus problem. Such transmissions shall include any 
relevant reports prepared by the Secretary General of the 
United Nations for the Security Council.
    (d) In order to ensure that United States assistance is 
furnished consistent with the policies established in this 
section, the President shall, whenever requesting any funds for 
security assistance under this Act or the Arms Export Control 
Act for Greece and Turkey, transmit to the Speaker of the House 
of Representatives and the chairman of the Committee on Foreign 
Relations of the Senate his certification, with a full 
explanation thereof, that the furnishing of such assistance 
will be consistent with the principles set forth in subsection 
(b). The President shall also submit such a certification with 
any notification to the Congress, pursuant to section 36(b) of 
the Arms Export Control Act, of a proposed sale of defense 
articles or services to Greece or Turkey.
    (e) \807\ (1) Any agreement for the sale or provision of 
any article on the United States Munitions List (established 
pursuant to section 38 of the Arms Export Control Act) entered 
into by the United States after the enactment of this provision 
shall expressly state that the article is being provided by the 
United States only with the understanding that it will not be 
transferred to Cyprus or otherwise used to further the 
severance or division of Cyprus.

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    \807\ Subsec. (e) was added by sec. 562 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1988 
(Continuing Appropriations for 1988; Public Law 100-202; 101 Stat. 
1329-171).
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    (2) The President shall report to Congress any substantial 
evidence that equipment provided under any such agreement has 
been used in a manner inconsistent with the purposes of this 
subsection.
    Sec. 620D.\808\ Prohibition on Assistance to Afghanistan.--
(a) None of the funds authorized to be appropriated under this 
Act may be used to furnish assistance to Afghanistan nor may 
funds authorized to be appropriated under this Act before 
October 1, 1979, be expended for assistance to Afghanistan 
until the President certifies to the Congress that--

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    \808\ 22 U.S.C. 2374. Sec. 620D was added by sec. 505 of the 
International Development Cooperation Act of 1979 (Public Law 96-53; 93 
Stat. 378).
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          (1) the Government of Afghanistan has apologized 
        officially and assumes responsibility for the death of 
        Ambassador Adolph Dubs; and
          (2) the Government of Afghanistan agrees to provide 
        adequate protection for all personnel of the United 
        States Government in Afghanistan.
    (b) The provisions of subsection (a) shall not apply if the 
President determines that such assistance is in the national 
interest of the United States because of substantially changed 
circumstances in Afghanistan.\809\

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    \809\ In a determination of October 7, 1992, directed to the 
Secretary of State, the President stated:
    ``By virtue of the authority vested in me by section 620D(b) of the 
Foreign Assistance Act of 1961, as amended (22 U.S.C. 2374(b)), I 
hereby determine that furnishing assistance to Afghanistan with funds 
authorized to be appropriated under that Act is in the national 
interest of the United States because of substantially changed 
circumstances in Afghanistan.
    ``By virtue of the authority vested in me by section 2(b)(2)(C) of 
the Export-Import Bank Act of 1945, as amended (12 U.S.C. 
635(b)(2)(C)), I hereby determine that Afghanistan has ceased to be a 
Marxist-Leninist country within the definition of such term in 
subparagraph (B)(i) of section 2(b)(2) of that Act (12 U.S.C. 
635(b)(2)(B)(i)).
    ``In accordance with section 118(c)(1) of Public Law 99-190 (99 
Stat. 1319), I hereby provide notice of my intention to restore 
nondiscriminatory trade treatment to the products of Afghanistan no 
sooner than 30 days following receipt by the Congress of this 
memorandum.'' (Presidential Determination No. 93-3 of October 7, 1992; 
57 F.R. 47557).
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    Sec. 620E.\810\ Assistance to Pakistan.--(a) The Congress 
recognizes that Soviet Forces occupying Afghanistan pose a 
security threat to Pakistan. The Congress also recognizes that 
an independent and democratic Pakistan with continued friendly 
ties with the United States is in the interest of both nations. 
The Congress finds that United States assistance will help 
Pakistan maintain its independence. Assistance to Pakistan is 
intended to benefit the people of Pakistan by helping them meet 
the burdens imposed by the presence of Soviet forces in 
Afghanistan and by promoting economic development. In 
authorizing assistance to Pakistan, it is the intent of 
Congress to promote the expeditious restoration of full civil 
liberties and representative government in Pakistan. The 
Congress further recognizes that it is in the mutual interest 
of Pakistan and the United States to avoid the profoundly 
destabilizing effects of the proliferation of nuclear explosive 
devices or the capacity to manufacture or otherwise acquire 
nuclear devices.

-----------------------------------------------------------------------
    \810\ 22 U.S.C. 2375. Sec. 620E was added by sec. 736 of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1561). The President exercised his authority under 
subsec. (d) on Feb. 10, 1982 (Presidential Determination No. 82-7).
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    (b) The United States reaffirms the commitment made in its 
1959 bilateral agreement with Pakistan relating to aggression 
from a Communist or Communist-dominated state.
    (c) Security assistance for Pakistan shall be made 
available in order to assist Pakistan in dealing with the 
threat to its security posed by the Soviet presence in 
Afghanistan. The United States will take appropriate steps to 
ensure that defense articles provided by the United States to 
Pakistan are used for defensive purposes.
    (d) \811\ The President may waive the prohibitions of 
section 101 of the Arms Export Control Act with respect to any 
grounds for the prohibition of assistance under that section 
arising before the effective date of part B of the Nuclear 
Proliferation Prevention Act of 1994 to provide assistance to 
Pakistan if he determines that to do so is in the national 
interest of the United States.

-----------------------------------------------------------------------
    \811\ Sec. 822(b)(2) of the Nuclear Proliferation Prevention Act of 
1994 (title VIII of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995; Public Law 103-236; 108 Stat. 507 at 512), amended 
and restated subsec. (d). The subsec. formerly read, as previously 
amended, as follows:
    ``(d) The President may waive the prohibitions of section 669 of 
this Act at any time during the period beginning on the date of 
enactment of this section and ending on September 30, 1994, to provide 
assistance to Pakistan during that period if he determines that to do 
so is in the national interest of the United States.''.
     See the next note relating to Presidential determinations.
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    (e) \812\ (1) \813\ No military assistance \814\ shall be 
furnished to Pakistan and no military equipment or technology 
shall be sold or transferred to Pakistan, pursuant to the 
authorities contained in this Act or any other Act, unless the 
President shall have certified in writing to the Speaker of the 
House of Representatives and the chairman of the Committee on 
Foreign Relations of the Senate, during the fiscal year in 
which military assistance is to be furnished or military 
equipment or technology \815\ is to be sold or transferred, 
that Pakistan does not possess a nuclear explosive device and 
that the proposed United States military assistance \816\ 
program will reduce significantly the risk that Pakistan will 
possess a nuclear explosive device.

-----------------------------------------------------------------------
    \812\ Popularly referred to as the Pressler amendment. Subsec. (e) 
was added by sec. 902 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 268). Presidential 
Determinations No. 86-3 of November 25, 1985; No. 87-3 of October 27, 
1986; No. 88-4 of December 17, 1987; 89-7 of November 18, 1988; and 90-
1 of October 5, 1989, 54 F.R. 43797, certified that Pakistan does not 
have a nuclear explosive device and that U.S. assistance would reduce 
significantly the risk that Pakistan will possess a nuclear explosive 
device. The President has not certified for fiscal years 1991-1997.
    The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2411, ), 
provided the following relating to Pakistan:

                  ``SPECIAL NOTIFICATION REQUIREMENTS

    ``Sec. 520. None of the funds appropriated in this Act shall be 
obligated or expended for Colombia, Haiti, Liberia, Pakistan, Panama, 
Peru, Serbia, Sudan, or the Democratic Republic of Congo except as 
provided through the regular notification procedures of the Committees 
on Appropriations.

        *        *        *        *        *        *        *        

                               ``PAKISTAN

    ``Sec. 579. (a) OPIC.--Section 239(f ) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2199(f )) is amended by inserting `, or 
Pakistan' after `China'.
    ``(b) Trade and Development.--It is the sense of Congress that the 
Director of the Trade and Development Agency should use funds made 
available to carry out the provisions of section 661 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2421) to promote United States 
exports to Pakistan.''.
    \813\ Sec. 559(a)(1)(D) and (E) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1996 (Public Law 
104-107; 110 Stat. 743) added para. designation ``(1)'', and added new 
paras. (2) through (4).
    \814\ Sec. 559(a)(1)(A) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1996 (Public Law 
104-107; 110 Stat. 743) struck out ``No assistance'', and inserted in 
lieu thereof ``No military assistance''.
    \815\ Sec. 559(a)(1)(B) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1996 (Public Law 
104-107; 110 Stat. 743) struck out ``in which assistance is to be 
furnished or military equipment or technology'' and inserted in lieu 
thereof ``in which military assistance is to be furnished or military 
equipment or technology''.
    \816\ Sec. 559(a)(1)(C) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1996 (Public Law 
104-107; 110 Stat. 743) struck out ``the proposed United States 
assistance'' and inserted in lieu thereof ``the proposed United States 
military assistance''.
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    (2) \813\ The prohibitions in this section do not apply to 
any assistance or transfer provided for the purposes of:
          (A) International narcotics control (including 
        chapter 8 of part I of this Act) or any provision of 
        law available for providing assistance for 
        counternarcotics purposes.
          (B) Facilitating military-to-military contact, 
        training (including chapter 5 of part II of this Act) 
        and humanitarian and civic assistance projects.
          (C) Peacekeeping and other multilateral operations 
        (including chapter 6 of part II of this Act relating to 
        peacekeeping) or any provision of law available for 
        providing assistance for peacekeeping purposes, except 
        that lethal military equipment provided under this 
        subparagraph shall be provided on a lease or loan basis 
        only and shall be returned upon completion of the 
        operation for which it was provided.
          (D) Antiterrorism assistance (including chapter 8 of 
        part II of this Act relating to antiterrorism 
        assistance) or any provision of law available for 
        antiterrorism assistance purposes.
    (3) \813\ The restrictions of this subsection shall 
continue to apply to contracts for the delivery of F-16 
aircraft to Pakistan.
    (4) \813\ Notwithstanding the restrictions contained in 
this subsection, military equipment, technology, or defense 
services, other than F-16 aircraft, may be transferred to 
Pakistan pursuant to contracts or cases entered into before 
October 1, 1990.
    (f) \817\ Storage Costs.--The President may release the 
Government of Pakistan of its contractual obligation to pay the 
United States Government for the storage costs of items 
purchased prior to October 1, 1990, but not delivered by the 
United States Government pursuant to subsection (e) and may 
reimburse the Government of Pakistan for any such amount paid, 
on such terms and conditions as the President may prescribe: 
Provided, That such payments have no budgetary impact.

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    \817\ Sec. 559(a)(2) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 743) added subsecs. (f), (g), and (h).
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    (g) \817\ Inapplicability of Restrictions to Previously 
Owned Items.--Section 620E(e) does not apply to broken, worn or 
unupgraded items or their equivalent which Pakistan paid for 
and took possession of prior to October 1, 1990 and which the 
Government of Pakistan sent to the United States for repair or 
upgrade. Such equipment or its equivalent may be returned to 
the Government of Pakistan: Provided, That the President 
determines and so certifies to the appropriate congressional 
committees that such equipment or equivalent neither 
constitutes nor has received any significant qualitative 
upgrade since being transferred to the United States and that 
its total value does not exceed $25,000,000.
    (h) \817\ Ballistic Missile Sanctions Not Affected.--
Nothing contained herein shall affect sanctions for transfers 
of missile equipment or technology required under section 11B 
of the Export Administration Act of 1979 or section 73 of the 
Arms Export Control Act.

SEC. 620F.\818\ NUCLEAR NON-PROLIFERATION POLICY IN SOUTH ASIA.

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    \818\ 22 U.S.C. 2376. Added by sec. 585(a) of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1993 (Public Law 102-391; 106 Stat. 1688).
    Sec. 585(b) of that Act further provided:
    ``(b) Report on South Asian Nuclear Programs.--Not later than six 
months after the enactment of this Act, the President shall submit a 
report with respect to the People's Republic of China, Pakistan, and 
India in writing to the Committees on Appropriations, the Speaker of 
the House of Representatives, the chairman of the Committee on Foreign 
Relations of the Senate, on those country's nuclear and ballistic 
missile programs, including, but not limited to--
          ``(1) a determination as to whether that country possesses a 
        nuclear explosive device or whether it possesses all the 
        components necessary for the assembly of such a device;
          ``(2) a complete report on the status of that country's 
        missile development program, foreign assistance to that 
        program, and foreign sales of missiles or missile components to 
        that country and steps which the United States has taken in 
        response to such sales; and
          ``(3) a report on whether that country has agreed to fully 
        adhere, and is adhering, to all peaceful nuclear cooperation 
        agreements with the United States and has formally agreed to 
        place all United States-supplied nuclear materials under 
        international safeguards in perpetuity.''.
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    (a) Findings.--The Congress finds that--
          (1) the proliferation of weapons of mass destruction 
        remains one of the most serious threats to 
        international peace and stability;
          (2) South Asia, in particular, is an area where the 
        threat of a regional nuclear exchange remains high due 
        to continued Indo-Pakistani tensions over issues such 
        as Kashmir;
          (3) to date, United States efforts to halt 
        proliferation in South Asia have failed;
          (4) although global disarmament is a desirable goal 
        which should be vigorously pursued, both regional and 
        sub-regional security arrangements can serve to 
        decrease tensions and promote non-proliferation in 
        certain areas;
          (5) thus far, there has been some success on a 
        regional basis, such as the South Pacific Nuclear 
        Weapons Free Zone and the Treaty of Tlatelolco in Latin 
        America;
          (6) in particular, in Latin America, the Treaty of 
        Tlatelolco has been signed by all the nuclear powers;
          (7) a critical part of this treaty is Protocol II 
        which prohibits nuclear attacks by nuclear weapons 
        states on signatories to the treaty;
          (8) in 1991, a proposal was made for a regional 
        conference on non-proliferation in South Asia which 
        would include Pakistan, India, the People's Republic of 
        China, the Soviet Union, and the United States; and
          (9) thus far, Pakistan, China, Russia, and the United 
        States have expressed interest in attending such a 
        conference, whereas India has refused to attend.
    (b) Policy.--It is the sense of the Congress that the 
President should pursue a policy which seeks a regional 
negotiated solution to the issue of nuclear non-proliferation 
in South Asia at the earliest possible time, including a 
protocol to be signed by all nuclear weapons states, 
prohibiting nuclear attacks by nuclear weapons states on 
countries in the region. Such a policy should have as its 
ultimate goal concurrent accession by Pakistan and India to the 
Nuclear Non-Proliferation Treaty, and should also include as 
needed a phased approach to that goal through a series of 
agreements among the parties on nuclear issues, such as the 
agreement reached by Pakistan and India not to attack one 
another's nuclear facilities.
    (c) \819\ Report on Progress Toward Regional Non-
Proliferation.--Not later than April 1, 1993, and every six 
months thereafter, the President shall submit a report to the 
Committees on Appropriations, the Speaker of the House of 
Representatives, and the chairman of the Committee on Foreign 
Relations of the Senate, on nuclear proliferation in South 
Asia, including efforts taken by the United States to achieve a 
regional agreement on nuclear non-proliferation, and including 
a comprehensive list of the obstacles to concluding such a 
regional agreement.

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    \819\ In a memorandum of March 30, 1994, the President delegated 
the functions in subsec. (c) to the Secretary of State; stipulating 
that preparation of the report is to be coordinated with other 
agencies, as appropriate and the Assistant to the President for 
National Security Affairs (59 F.R. 17229).
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SEC. 620G.\820\, \821\ PROHIBITION ON ASSISTANCE TO 
                    COUNTRIES THAT AID TERRORIST STATES.

    (a) Withholding of Assistance.--The President shall 
withhold assistance under this Act to the government of any 
country that provides assistance to the government of any other 
country for which the Secretary of State has made a 
determination under section 620A.

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    \820\ 22 U.S.C. 2377. Sec. 325 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1256) added 
this sec. 620G.
    Sec. 149 of Public Law 104-164 (110 Stat. 1436) also added a new 
sec. 620G, relating to depleted uranium ammunition.
    \821\ Sec. 329 of that Act (110 Stat. 1258) defined assistance as 
follows:
    ``(1) the term `assistance' means assistance to or for the benefit 
of a government of any country that is provided by grant, concessional 
sale, guaranty, insurance, or by any other means on terms more 
favorable than generally available in the applicable market, whether in 
the form of a loan, lease, credit, debt relief, or otherwise, including 
subsidies for exports to such country and favorable tariff treatment of 
articles that are the growth, product, or manufacture of such country; 
and
    ``(2) the term `assistance' does not include assistance of the type 
authorized under chapter 9 of part 1 of the Foreign Assistance Act of 
1961 (relating to international disaster assistance).''.
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    (b) Waiver.--Assistance prohibited by this section may be 
furnished to a foreign government described in subsection (a) 
if the President determines that furnishing such assistance is 
important to the national interests of the United States and, 
not later than 15 days before obligating such assistance, 
furnishes a report to the appropriate committees of Congress 
including--
          (1) a statement of the determination;
          (2) a detailed explanation of the assistance to be 
        provided;
          (3) the estimated dollar amount of the assistance; 
        and
          (4) an explanation of how the assistance furthers 
        United States national interests.

SEC. 620G.\822\ DEPLETED URANIUM AMMUNITION.

    (a) Prohibition.--Except as provided in subsection (b), 
none of the funds made available to carry out this Act or any 
other Act may be made available to facilitate in any way the 
sale of M-833 antitank shells or any comparable antitank shells 
containing a depleted uranium penetrating component to any 
country other than--

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    \822\ 22 U.S.C. 2378a. Sec. 149 of Public Law 104-164 (110 Stat. 
1436) added this new sec. 620G. Sec. 325 of the Antiterrorism and 
Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 
1256) also added a new sec. 620G, prohibiting assistance to countries 
that aid terrorist states.
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          (1) a country that is a member of the North Atlantic 
        Treaty Organization;
          (2) a country that has been designated as a major 
        non-NATO ally (as defined in section 644(q)); or
          (3) Taiwan.
    (b) Exception.--The prohibition contained in subsection (a) 
shall not apply with respect to the use of funds to facilitate 
the sale of antitank shells to a country if the President 
determines that to do so is in the national security interest 
of the United States.

SEC. 620H.\821\, \823\ PROHIBITION ON ASSISTANCE TO 
                    COUNTRIES THAT PROVIDE MILITARY EQUIPMENT TO 
                    TERRORIST STATES.

    (a) Prohibition.--
          (1) In general.--The President shall withhold 
        assistance under this Act to the government of any 
        country that provides lethal military equipment to a 
        country the government of which the Secretary of State 
        has determined is a terrorist government for the 
        purposes of section 6(j) of the Export Administration 
        Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2371).

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    \823\ 22 U.S.C. 2378. Sec. 326 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1256) added 
sec. 620H.
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          (2) Applicability.--The prohibition under this 
        section with respect to a foreign government shall 
        terminate 1 year after that government ceases to 
        provide lethal military equipment. This section applies 
        with respect to lethal military equipment provided 
        under a contract entered into after the date of 
        enactment of this Act.\824\

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    \824\ ``[D]ate of enactment of this Act'' probably refers to 
enactment of the amendment, April 24, 1996.
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    (b) Waiver.--Notwithstanding any other provision of law, 
assistance may be furnished to a foreign government described 
in subsection (a) if the President determines that furnishing 
such assistance is important to the national interests of the 
United States and, not later than 15 days before obligating 
such assistance, furnishes a report to the appropriate 
committees of Congress including--
          (1) a statement of the determination;
          (2) a detailed explanation of the assistance to be 
        provided;
          (3) the estimated dollar amount of the assistance; 
        and
          (4) an explanation of how the assistance furthers 
        United States national interests.
    Sec. 620I.\825\, \826\ Prohibition on Assistance 
to Countries That Restrict United States Humanitarian 
Assistance.--

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    \825\ 22 U.S.C. 2379. Added by sec. 559 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1997 (sec. 
101(c) of title I of Public Law 104-208; 110 Stat. 3009). Originally 
enacted as freestanding language in sec. 562 of Public Law 104-107 (110 
Stat. 745).
    \826\ In a memorandum of May 23, 1997, for the Secretary of State, 
the President determined ``that it is in the national security interest 
of the United States that assistance be furnished to Turkey without 
regard to the restriction in subsection (a) of section 620I.'' 
(Presidential Determination No. 97-24; 62 F.R. 30737).
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          (a) In general.--No assistance shall be furnished 
        under this Act or the Arms Export Control Act to any 
        country when it is made known to the President that the 
        government of such country prohibits or otherwise 
        restricts, directly or indirectly, the transport or 
        delivery of United States humanitarian assistance.
          (b) Exception.--Assistance may be furnished without 
        regard to the restriction in subsection (a) if the 
        President determines that to do so is in the national 
        security interest of the United States.
          (c) Notice.--Prior to making any determination under 
        subsection (b), the President shall notify the 
        Committee on International Relations, the Committee on 
        Foreign Relations, and the Committees on Appropriations 
        of the Senate and House of Representatives of his 
        intention to make such a determination, the effective 
        date of the determination, and the reasons for making 
        the determination.

                  Chapter 2--Administrative Provisions

    Sec. 621.\827\ Exercise of Functions.\828\--(a) The 
President may exercise any functions conferred upon him by this 
Act through such agency or officer of the United States 
Government as he shall direct. The head of any such agency or 
such officer may from time to time promulgate such rules and 
regulations as may be necessary to carry out such functions and 
may delegate authority to perform any such functions, 
including, if he shall so specify, the authority successively 
to redelegate any of such functions to any of his subordinates. 
In providing technical assistance under this Act, the head of 
any such agency or such officer shall utilize, to the fullest 
extent practicable, goods and professional and other services 
from private enterprise on a contract basis. In such fields as 
education, health, housing, or agriculture, the facilities and 
resources of other Federal agencies shall be utilized when such 
facilities are particularly or uniquely suitable for technical 
assistance, are not competitive with private enterprise, and 
can be made available without interfering unduly with domestic 
programs.\829\

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    \827\ 22 U.S.C. 2381.
    Sec. 599E of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1698), 
provided the following:
    ``The President shall include with each budget for a fiscal year 
submitted to the Congress under section 1105 of title 31, United States 
Code, materials that shall identify clearly and separately the amounts 
requested in the budget for appropriation for that fiscal year for 
salaries and expenses related to administrative activities of the 
Agency for International Development.''.
    \828\ Sec. 302(a) of the FA Act of 1962 struck out subsection 
designation ``(a)'' and repealed subsecs. (b), (c), (d), and (e). 
Subsequently, new subsec. designation ``(a)'' and subsec. (b) were 
added by the sec. 302(a) of the FA Act of 1968.
    \829\ Sec. 302(a) of the FA Act of 1963 inserted the last two 
sentences in lieu of a sentence that provided for the use of the 
technical expertise of Federal agencies with primary responsibilities 
in domestic programs.
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    (b) \828\ The President shall issue and enforce regulations 
determining the eligibility of any person to receive funds made 
available under this Act. A person may be suspended under such 
regulations for a temporary period pending the completion of an 
investigation and any resulting judicial or debarment 
proceedings, upon cause for belief that such person or an 
affiliate thereof probably has undertaken conduct which 
constitutes a cause for debarment; and, after an opportunity 
has been afforded to such person for a hearing, he may be 
debarred for an additional period, not to exceed three years. 
Among the causes for debarment shall be (1) offering or 
accepting a bribe or other illegal payment or credit in 
connection with any transaction financed with funds made 
available under this Act; or (2) committing a fraud in the 
procurement or performance of any contract financed with funds 
made available under this Act; or (3) acting in any other 
manner which shows a lack of integrity or honesty in connection 
with any transaction financed with funds made available under 
this Act. Reinstatement of eligibility in each particular case 
shall be subject to such conditions as the President shall 
direct. Each person whose eligibility is denied or suspended 
under this subsection shall, upon request, be entitled to a 
review of his eligibility not less often than once every two 
years.
    Sec. 621A.\830\ Strengthened Management Practices.--(a) The 
Congress believes that United States foreign aid funds could be 
utilized more effectively by the application of advanced 
management decisionmaking, information and analysis techniques 
such as systems analysis, automatic data processing, benefit-
cost studies, and information retrieval.

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    \830\ 22 U.S.C. 2381a. Sec. 621A was added by sec. 302(b) of the FA 
Act of 1968.
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    (b) To meet this need, the President shall establish a 
management system that includes: the definition of objectives 
and programs for United States foreign assistance; the 
development of quantitative indicators of progress toward these 
objectives; the orderly consideration of alternative means for 
accomplishing such objectives; and the adoption of methods for 
comparing actual results of programs and projects with those 
anticipated when they were undertaken. The system should 
provide information to the agency and to Congress that relates 
agency resources, expenditures, and budget projections to such 
objectives and results in order to assist in the evaluation of 
program performance, the review of budgetary requests, and the 
setting of program priorities.
    (c) \831\ * * * [Repealed--1978]

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    \831\ Subsec. (c), which had called for an annual report from the 
President regarding the implementation of this section, was repealed by 
sec. 502(d)(1) of the International Development and Food Assistance Act 
of 1978 (Public Law 95-424; 92 Stat. 959).
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    Sec. 622.\832\ Coordination With Foreign Policy.--(a) 
Nothing contained in this Act shall be construed to infringe 
upon the powers or functions of the Secretary of State.

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    \832\ 22 U.S.C. 2382.
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    (b) The President shall prescribe appropriate procedures to 
assure coordination among representatives of the United States 
Government in each country, under the leadership of the Chief 
of the United States Diplomatic Mission. The Chief of the 
Diplomatic Mission shall make sure that recommendations of such 
representatives pertaining to military assistance (including 
civic action) and military education and training programs 
\833\ are coordinated with political and economic 
considerations, and his comments shall accompany such 
recommendations if he so desires.

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    \833\ Sec. 302(a)(1) of the FA Act of 1966 inserted ``(including 
civic action) or sales programs'' in lieu of ``(including any civil 
action and sales program)''. Sec. 45(b)(1) of the Foreign Military 
Sales Act (Public Law 90-629) struck out ``or sales'' which appeared 
before the word ``programs''. Sec. 106(b) of the International Security 
Assistance and Arms Export Control Act of 1976 added the words ``and 
military education and training''.
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    (c) \834\ Under the direction of the President, the 
Secretary of State shall be responsible for the continuous 
supervision and general direction of economic assistance, 
military assistance, and military education and training 
programs, including but not limited to determining whether 
there shall be a military assistance (including civic action) 
or a military education and training program for a country and 
the value thereof, to the end that such programs are 
effectively integrated both at home and abroad and the foreign 
policy of the United States is best served thereby.

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    \834\ Subsec. (c) was amended and restated by sec. 106(b) of the 
International Security Assistance and Arms Export Control Act of 1976 
(Public Law 94-329; 90 Stat. 733).
    The responsibility of the Secretary of State under this subsection, 
insofar as it relates to development assistance, was transferred to the 
Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 
1979 (establishing IDCA).
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    Sec. 623.\835\ The Secretary of Defense.--(a) In the case 
of assistance under part II of this Act, the Secretary of 
Defense shall have primary responsibility for--

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    \835\ 22 U.S.C. 2383.
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          (1) the determination of military end-item 
        requirements;
          (2) the procurement of military equipment in a manner 
        which permits its integration with service programs;
          (3) the supervision of end-item use by the recipient 
        countries;
          (4) the supervision of the training of foreign 
        military and related civilian \836\ personnel;

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    \836\ The words ``and related civilian'' were added by sec. 106(b) 
of the International Security Assistance and Arms Export Control Act of 
1976 (Public Law 94-329; 90 Stat. 733).
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          (5) the movement and delivery of military end-items; 
        and
          (6) within the Department of Defense, the performance 
        of any other functions with respect to the furnishing 
        of military assistance, education and training.\837\

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    \837\ The words ``, education and training'' were added by sec. 
106(b) of the International Security Assistance and Arms Export Control 
Act of 1976 (Public Law 94-329; 90 Stat. 733).
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    (b) The establishment of priorities in the procurement, 
delivery, and allocation of military equipment shall be 
determined by the Secretary of Defense.
    Sec. 624.\838\ Statutory Officers.--(a) The President may 
appoint, by and with the advice and consent of the Senate, 
twelve officers \839\ in the agency primarily responsible for 
administering part I, * * * [Repealed--1964]

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    \838\ 22 U.S.C. 2384.
    \839\ Sec. 7 of Reorganization Plan No. 2 of 1979 stated:
    ``One of the positions that the President may appoint under section 
624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a), 5 
U.S.C. 5315(5)) is hereby abolished.''.
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          (1) * * * [Repealed--1964]
          (2) * * * [Repealed--1964]
          (3) * * * [Repealed--1964] \840\ and in the selection 
        of one of

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    \840\ That part of sec. 624(a) to this point, beginning with the 
words ``of whom--'' was repealed by sec. 305(42) of the Government 
Employees Salary Reform Act of 1964 (Public Law 88-426). The repealed 
part provided for one Under Secretary, one Deputy Under Secretary, and 
ten Assistant Secretaries.
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        such persons due consideration shall be given to 
        persons qualified as professional engineers.
    (b) Within the limitations established by subsection (a) of 
this section, the President may fix the rate of compensation, 
and may designate the title of, any officer appointed pursuant 
to the authority contained in that subsection. The President 
may also fix the order of succession among the officers 
provided for in \841\ subsection (a) of this section in the 
event of the absence, death, resignation, or disability of one 
or more of said officers.

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    \841\ Sec. 302(b)(1) of the FA Act of 1965 struck out the words 
``paragraph (3) of'' which appeared at this point, and also substituted 
``or one or more of said officers'' for ``of the officers provided for 
in paragraphs (1) and (2) of that subsection''.
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    (c) Any person who was appointed by and with the advice and 
consent of the Senate, to any statutory position authorized by 
any provision of law repealed by section 642(a) and who is 
serving in one of such positions at the time of transfer of 
functions pursuant to subsections (c) and (d) of section 621, 
may be appointed by the President to a comparable position 
authorized by subsection (a) of this section on the date of the 
establishment of the agency primarily responsible for 
administering part I, without further action by the Senate.
    (d) \842\ * * * [Repealed--1978]

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    \842\ Subsec. (d), which concerned the office of Inspector General, 
Foreign Assistance, was repealed, effective July 1, 1978, by sec. 
124(a) of the International Development and Food Assistance Act of 1977 
(Public Law 95-88; 91 Stat. 541).
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    (e) \843\ In addition to the officers otherwise provided 
for in this section, the President shall appoint, by and with 
the advice and consent of the Senate, one officer for the 
purpose of coordinating security assistance programs.

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    \843\ Subsec. (e) was added by sec. 302 of the FA Act of 1971.
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    (f) \844\ * * * [Repealed--1994]

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    \844\ Sec. 162(e)(4) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405) struck 
out subsec. (f), which had established the Assistant Secretary of State 
for Human Rights and Humanitarian Affairs in the Department of State. 
The newly designated Assistant Secretary of State for Democracy, Human 
Rights, and Labor and the responsibilities assigned to that title may 
be found at section 1(c)(2) of the State Department Basic Authorities 
Act of 1956, as amended by sec. 161 of Public Law 103-236 (22 U.S.C. 
2651a(1)(c)(2)).
    Subsec. (f), as added originally by sec. 301(b) of the 
International Security Assistance and Arms Export Control Act of 1976 
(Public Law 94-329; 90 Stat. 750), provided for the establishment of a 
Coordinator for Human Rights and Humanitarian Affairs. This title 
designation was upgraded to Assistant Secretary of State for Human 
Rights and Humanitarian Affairs by sec. 109(a)(1) of the Foreign 
Relations Authorization Act, Fiscal Year 1978 (Public Law 95-105; 91 
Stat. 846).
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    (g) \845\ * * * [Repealed--1981]

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    \845\ Subsec. (g), as added by sec. 504 of Public Law 95-424 (92 
Stat. 959) and amended by sec. 706 of Public Law 96-536 (94 Stat. 
3158), was repealed by sec. 705(b)(1) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1545). 
Former subsec. (g) concerned the responsibilities and duties of the 
Inspector General of AID. Similar language can now be found at sec. 8A 
of the Inspector General Act of 1978. See Legislation on Foreign 
Relations Through 1997, vol. IV, sec. N. for text.
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    Sec. 625.\846\ Employment of Personnel.--(a) 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.

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    \846\ 22 U.S.C. 2385.
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    (b) Of the personnel employed in the United States to carry 
out part I or coordinate part I and part II, not to exceed one 
hundred and ten \847\ may be appointed, compensated or removed 
without regard to the provisions of any law, of whom not to 
exceed fifty-one may be compensated at rates higher than those 
provided for grade 15 of the general schedule established by 
section 5332 of title 5 of the United States Code,\848\ but not 
in excess of the highest rate of grade 18 of such general 
schedule: \849\ Provided, That, under such regulations as the 
President shall prescribe, officers and employees of the United 
States Government who are appointed to any of the above 
positions may be entitled, upon removal from such position, to 
reinstatement to the position occupied at the time of 
appointment or to a position of comparable grade and salary. 
Such positions shall be in addition to those authorized by law 
to be filled by Presidential appointment, and in addition to 
the number authorized by section 5108 of title 5 of the United 
States Code.\850\

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    \847\ Sec. 301(c)(1) of the FA Act of 1962 inserted ``one hundred 
and ten'' in lieu of ``seventy-six''.
    \848\ Sec. 302(b)(1) of the FA Act of 1967 inserted ``Section 5332 
of title 5 of the United States Code'' in lieu of ``the Classification 
Act of 1949, as amended (5 U.S.C. 1071 et seq.)''.
    \849\ Sec. 1001(k)(1) of the Postal Service and Federal Employees 
Salary Act of 1962 (Public Law 87-793) inserted ``but not in excess of 
the highest rate of grade 18 of such general schedule'' in lieu of 
``and of these, not to exceed eight may be compensated at a rate in 
excess of the highest rate provided for grades of such general schedule 
but not in excess of $19,000 per year''.
    \850\ Sec. 302(b)(2) of the FA Act of 1967 inserted ``5108 of title 
5 of the United States Code'' in lieu of ``505 of the Classification 
Act of 1949, as amended''.
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    (c) Of the personnel employed in the United States to carry 
out part II, or any Act superseding part II in whole or in 
part,\851\ not to exceed eight may be compensated at rates 
higher than those provided for grade 15 of the general schedule 
established by section 5332 of title 5 of the United States 
Code, but not in excess of the highest rate of grade 18 of such 
general schedule.\852\ Such positions shall be in addition to 
those authorized by law to be filled by Presidential 
appointment, and in addition to the number authorized by 
section 5108 of title 5 of the United States Code.\853\

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    \851\ The words ``or any Act superseding part II in whole or in 
part,'' were added by sec. 302(c) of the FA Act of 1968.
    \852\ Sec. 302(c)(1) of the FA Act of 1967 inserted ``section 5332 
of title 5 of the United States Code'' in lieu of ``the Classification 
Act of 1949, as amended''.
    Sec. 1001(k)(2) of the Postal Service and Federal Employees Salary 
Act of 1962 (Public Law 87-793) substituted the words ``but not in 
excess of the highest rate of grade 18 of such general schedule'' in 
lieu of ``and if these, not to exceed three may be compensated at a 
rate in excess of the highest rate provided for grades of such general 
schedule but not in excess of $19,000 per year''.
    \853\ Sec. 302(c)(2) of the FA Act of 1967 inserted ``5108 of title 
5 of the United States Code'' in lieu of ``505 of the Classification 
Act of 1949, as amended''.
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    (d) \854\ For the purpose of performing functions under 
this Act outside the United States, the President may employ or 
assign individuals, or may 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, who 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.\855\ Individuals so employed 
or assigned shall be entitled, except to the extent that the 
President may specify otherwise in cases in which the period of 
employment or assignment exceeds thirty months, to the same 
benefits as are provided by section 310 of that Act for 
individuals appointed to the Foreign Service.

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    \854\ Subsec. (d) was amended and restated by sec. 2203(a) of the 
Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2158). Subsec. 
(d) had previously been amended by the FA Act of 1962, the FA Act of 
1964, the FA Act of 1967, and by the International Development and Food 
Assistance Act of 1977.
    \855\ The references in this sentence to chapter 53 of title 5, 
U.S. Code, and ``any other rate authorized by law'' were added by sec. 
703 of the International Security and Development Cooperation Act of 
1981 (Public Law 97-113; 95 Stat. 1544).
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    (e) \856\ * * * [Repealed--1981]

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    \856\ Subsec. (e), which authorized the President to prescribe 
standards for maintaining adequate performance levels of specified 
personnel, was repealed by sec. 2205(8) of the Foreign Service Act of 
1980 (Public Law 96-465; 94 Stat. 2160).
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    (f) \857\ 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 agencies primarily 
responsible for administering part I or part II of this Act) as 
well as personnel not employed by the United States Government.

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    \857\ Sec. 625(f) was amended and restated by sec. 302(c)(3) of the 
FA Act of 1962.
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    (g) \858\ * * * [Repealed--1981]

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    \858\ Subsec. (g), which concerned foreign language competence of 
personnel carrying out functions under this Act, was repealed by sec. 
2205(8) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 
2160).
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    (h) Notwithstanding any other provision of law, officers 
and employees of the United States Government performing 
functions under this Act shall not accept from any foreign 
country any compensation or other benefits. Arrangements may be 
made by the President with such countries for reimbursement to 
the United States Government or other sharing of the cost of 
performing such functions.
    (i) To the maximum extent practicable officers and 
employees performing functions under this Act abroad shall be 
assigned to countries and positions for which they have special 
competence, such as appropriate language and practical 
experience.
    (j) \859\ * * * [Repealed--1981]

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    \859\ Subsec. (j), as added by the FA Act of 1964 and which had 
concerned the Presidential appointment of U.S. representatives to the 
Inter-American Committee on the Alliance for Progress, was repealed by 
sec. 2205(8) of the Foreign Service Act of 1980 (Public Law 96-465; 94 
Stat. 2160).
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    (k) \860\ * * * [Repealed--1980]

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    \860\ Subsec. (k), as added by the FA Act of 1973 and which 
designated certain categories of personnel serving in the agency as 
being eligible to participate in the Foreign Service Retirement and 
Disability System, was repealed by sec. 2205(8) of the Foreign Service 
Act of 1980 (Public Law 96-465; 94 Stat. 2160). While nearly all 
provisions of the Foreign Service Act of 1980 were not effective until 
Feb. 15, 1981, sec. 2203(d)(1) of such Act specified that the repeal of 
sec. 625(k) would be effective on the date of enactment of the Act 
(Oct. 17, 1980).
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    Sec. 626.\861\ Experts, Consultants, and Retired 
Officers.--(a) Experts and consultants or organizations thereof 
may, as authorized by section 3109 of title 5 of the United 
States Code,\862\ be employed for the performance of functions 
under this Act, and individuals so employed may be compensated 
at rates not in excess of the daily equivalent of the highest 
rate which may be paid to an employee under the General 
Schedule established by section 5332 of title 5, United States 
Code,\863\ and while away from their homes or regular places of 
business, they may be paid actual travel expenses and per diem 
in lieu of subsistence at the applicable rate prescribed in the 
standardized Government travel regulations, as amended from 
time to time. Contracts for such employment with such 
organizations, employment of personnel as experts and 
consultants, not to exceed ten in number, contracts for such 
employment of retired military personnel with specialized 
research and development experience, not to exceed ten in 
number, and contracts for such employment of retired military 
personnel with specialized experience of a broad politico-
military nature, not to exceed five in number, may be renewed 
annually.

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    \861\ 22 U.S.C. 2386.
    \862\ Sec. 302(e)(1) of the FA Act of 1967 inserted ``3109 of title 
5 of the United States Code'' in lieu of ``15 of the Act of August 22, 
1946, as amended (5 U.S.C. 55a)''.
    \863\ The words to this point beginning with ``the daily equivalent 
of the highest rate'' were inserted in lieu of ``$100 per diem'' by 
sec. 603 of the International Security Assistance and Arms Export 
Control Act of 1976 (Public Law 94-329; 90 Stat. 766).
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    (b) \864\ Service of an individual as an expert or 
consultant under subsection (a) of this section shall not \865\ 
be considered as employment or holding of office or position 
bringing such individual within the provisions of section 
3323(a) \866\ of title 5 of the United States Code.

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    \864\ Sec. 302(c)(1) of the FA Act of 1963 struck out the first 
sentence of this section, relating to employment compensation, since 
the subject matter was superseded by Public Law 87-849, approved Oct. 
23, 1962.
    \865\ The words ``Service of an individual as an expert or 
consultant under subsection (a) of this section shall not'' were 
inserted in lieu of ``Nor shall such service'' by sec. 302(c)(2) of the 
FA Act of 1963.
    \866\ Sec. 126 of the International Development and Food Assistance 
Act of 1977 (Public Law 95-88; 91 Stat. 542) added the words ``section 
3323(a)'' and struck out reference to secs. 3323(a) and 8344 of 5 USC, 
and sec. 872 of the Foreign Service Act of 1946.
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    (c) \867\ Persons of outstanding experience and ability may 
be employed without compensation by any agency of the United 
States Government for the performance of functions under this 
Act in accordance with the provisions of section 710(b) of the 
Defense Production Act of 1950, as amended (50 U.S.C. App. 
2160(b)), and regulations issued thereunder.

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    \867\ Sec. 302(d) of the FA Act of 1965 redesignated subsec. (d) as 
subsec. (c). Former subsec. (c), which related to employment of retired 
officers, was repealed by the Dual Compensation Act (Public Law 88-
448).
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    Sec. 627.\868\ Detail of Personnel to Foreign 
Governments.--Whenever the President determines it to be in 
furtherance of the purposes of this Act, the head of any agency 
of the United States Government is authorized to detail or 
assign any officer or employee of his 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 the acceptance of compensation or other benefits 
from any foreign country by such officer or employee.

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    \868\ 22 U.S.C. 2387.
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    Sec. 628.\869\ Detail of Personnel to International 
Organizations.--Whenever the President determines it to be 
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, assign, or otherwise make available to 
any international organization any officer or employee of his 
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.

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    \869\ 22 U.S.C. 2388.
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    Sec. 629.\870\ Status of Personnel Detailed.--(a) Any 
officer or employee, while assigned or detailed under section 
627 or 628 of this Act, shall be considered, for the purpose of 
preserving his allowances, privileges, rights, seniority, and 
other benefits as such, an officer or employee of the United 
States Government and of the agency of the United States 
Government from which detailed or assigned, and he shall 
continue to receive compensation, allowances, and benefits from 
funds appropriated to that agency or made available to that 
agency under this Act.

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    \870\ 22 U.S.C. 2389.
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    (b) Any officer or employee assigned, detailed, or 
appointed under section 627, 628, 631, or 624(d) \871\ of this 
Act is authorized to 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.\872\ 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 of the United States 
Code.\873\

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    \871\ Sec. 302(d) of the FA Act of 1962 substituted ``624(d)'' for 
``624(e)''.
    \872\ The reference to sec. 905 of the Foreign Service Act of 1980 
was inserted in lieu of a reference to sec. 901 of the Foreign Service 
Act of 1946 by sec. 2203(b) of the Foreign Service Act of 1980 (Public 
Law 96-465; 94 Stat. 2158).
    \873\ Sec. 302(f) of the FA Act of 1967 inserted ``5536 of title 5 
of the United States Code'' in lieu of ``1765 of the Revised Statutes 
(5 U.S.C. 70)''.
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    Sec. 630.\874\ Terms of Detail or Assignment.--Details or 
assignments may be made under section 627 or 628 of this Act or 
section 408 of the Mutual Security Act of 1954, as amended--
\875\

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    \874\ 22 U.S.C. 2390.
    \875\ For text, see Legislation on Foreign Relations Through 1997, 
vol. I-B.
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          (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,\876\ and allowances, or any part thereof, 
        payable to the officer or employee concerned during the 
        period of assignment or detail; and such reimbursements 
        (including foreign currencies) shall be credited to the 
        appropriation, fund, or account utilized for paying 
        such compensation, travel expenses, benefits,\876\ or 
        allowances, or to the appropriation, fund, or account 
        currently available for such purposes;

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    \876\ The word ``benefits'' was added by sec. 302(e) of the FA Act 
of 1965.
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          (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; and 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; or
          (4) subject to the receipt 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 or assigned, such 
        credit to be based upon the compensations, travel 
        expenses, benefits \876\ and allowances, or any part 
        thereof, payable to such officer or employee during the 
        period of detail or assignment in accordance with 
        section 629.
    Sec. 631.\877\ Missions and Staffs Abroad.--(a) The 
President may maintain special missions or staffs outside the 
United States in such countries and for such periods of time as 
may be necessary to carry out the purposes of this Act. Each 
such special mission or staff shall be under the direction of a 
chief.

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    \877\ 22 U.S.C. 2391.
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    (b) The chief and his deputy of each special mission or 
staff carrying out the purposes of part I shall be appointed by 
the President, and may, notwithstanding any other law, be 
removed by the President at his discretion. Such chief 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 shall determine to be 
appropriate.\878\

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    \878\ This sentence was amended and restated by sec. 2203(c) of the 
Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2158). The 
former text made reference to the Foreign Service Act of 1946 which was 
repealed by the 1980 Act.
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    (c) \879\ The President may appoint any United States 
citizen who is not an employee of the United States Government 
or may assign any United States citizen who is a United States 
Government employee to serve as Chairman of the Development 
Assistance Committee or any successor committee thereto of the 
Organization for Economic Cooperation and Development upon 
election thereto by members of said Committee, and, in his 
discretion, may terminate such appointment or assignment, 
notwithstanding any other provision of law. Such person may 
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 shall determine to be appropriate. Such 
person (if not a United States Government employee who is 
assigned to serve as Chairman) shall be deemed to be an 
employee of the United States Government for purposes of 
chapters 81, 83, 87, and 89 of title 5, United States 
Code.\880\ Such person may also, in the President's discretion, 
receive any other benefits and perquisites available under this 
Act to chiefs of special missions or staffs outside the United 
States established under this section.

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    \879\ Subsec. (c) was added by sec. 302(d) of the FA Act of 1963.
    \880\ This sentence was amended and restated by sec. 2203(d) of the 
Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2158). The 
former text made reference to the Foreign Service Act of 1946 which was 
repealed by the 1980 Act.
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    (d) \881\ Wherever practicable, especially in the case of 
the smaller programs, assistance under part I of this Act \882\ 
shall be administered under the direction of the Chief of the 
United States Diplomatic Mission by the principal economic 
officer of the mission.\883\

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    \881\ Subsec. (d) was added by sec. 302(f) of the FA Act of 1965.
    \882\ The reference to ``part I'' was added by sec. 7(b)(1) of the 
International Security Assistance Act of 1977 (Public Law 95-92; 91 
Stat. 617).
    \883\ The words ``in the case of assistance under part I, and by 
the senior military officer of the mission in the case of assistance 
under part II'', which had previously appeared at this point, were 
struck out by sec. 7(b)(2) of the International Security Assistance Act 
of 1977 (Public Law 95-92; 91 Stat. 617).
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    Sec. 632.\884\ Allocation and Reimbursement Among 
Agencies.--(a) The President may allocate or transfer to any 
agency of the United States Government any part of any funds 
available for carrying out the purposes of this Act, including 
any advance to the United States Government by any country or 
international organization for the procurement of commodities, 
defense articles, military education and training,\885\ or 
services (including defense services). Such funds shall be 
available for obligation and expenditure for the purposes for 
which authorized, in accordance with authority granted in this 
Act or under authority governing the activities of the agencies 
of the United States Government to which such funds are 
allocated or transferred.

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    \884\ 22 U.S.C. 2392.
    \885\ The words ``, military education and training'' were added by 
sec. 106(b) of the International Security Assistance and Arms Export 
Control Act of 1976 (Public Law 94-329; 90 Stat. 733).
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    (b) Any officer of the United States Government carrying 
out functions under this Act may utilize the services 
(including defense services) and facilities of, or procure 
commodities, defense articles, or military education and 
training \886\ from, any agency of the United States Government 
as the President shall direct, or with the consent of the head 
of such agency, and funds allocated pursuant to this subsection 
to any such agency may be established in separate appropriation 
accounts on the books of the Treasury.

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    \886\ The words ``, defense articles, or military education and 
training'' were inserted in lieu of ``and defense articles'' by sec. 
106(b) of the International Security Assistance and Arms Export Control 
Act of 1976 (Public Law 94-329; 90 Stat. 733).
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    (c) In the case of any commodity, service, or facility 
procured from any agency of the United States Government to 
carry out part I, reimbursement or repayment shall be made to 
such agency from funds available to carry out such part. Such 
reimbursement or payment shall be at replacement cost, or, if 
required by law, at actual cost, or, in the case of services 
procured from the Department of Defense to carry out chapter 8 
of part I, the amount of the additional costs incurred by the 
Department of Defense in providing such services,\887\ or at 
any other price authorized by law and agreed to by the owning 
or disposing agency. The amount of any such reimbursement or 
payment shall be credited to current applicable appropriations, 
funds, or accounts, from which there may be procured 
replacements of similar commodities, services, or facilities, 
except that where such appropriations, funds, or accounts are 
not reimbursable except by reason of this subsection, and when 
the owning or disposing agency determines that such replacement 
is not necessary, any funds received in payment therefor shall 
be deposited into the Treasury as miscellaneous receipts.

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    \887\ Sec. 4506 of Public Law 100-690 (102 Stat. 4286) added ``or, 
in the case of * * *,''.
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    (d) \888\ Except as otherwise provided in section 506,\889\ 
reimbursement shall be made to any United States Government 
agency, from funds available for use under part II, for any 
assistance furnished under part II from, by, or through such 
agency. Such reimbursement shall be in an amount equal to the 
value (as defined in section 644(m)) of the defense articles or 
of the defense services (other than salaries of members of the 
Armed Forces of the United States), or other assistance 
furnished, plus expenses arising from or incident to operations 
under part II (other than salaries of the Armed Forces of the 
United States and unfunded estimated costs of civilian 
retirement and other benefits).\890\ The amount of such 
reimbursement shall be credited to the current applicable 
appropriations, funds, or accounts of such agency.

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    \888\ title II the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2433), provided the following:

                  ``FOREIGN MILITARY FINANCING PROGRAM

    ``* * *Provided further, That of the funds appropriated by this 
paragraph, not less than $75,000,000 shall be available for assistance 
for Jordan: Provided further, That during fiscal year 1998 the 
President is authorized to, and shall, direct drawdowns of defense 
articles from the stocks of the Department of Defense, defense services 
of the Department of Defense, and military education and training of an 
aggregate value of not less than $25,000,000 under the authority of 
this proviso for Jordan for the purposes of part II of the Foreign 
Assistance Act of 1961, and any amount so directed shall count toward 
meeting the earmark in the previous proviso: Provided further, That 
section 506(c) of the Foreign Assistance Act of 1961 shall apply, and 
section 632(d) of the Foreign Assistance Act of 1961 shall not apply, 
to any such drawdown: * * *''.
    \889\ Sec. 45(b)(3) of the Foreign Military Sales Act (Public Law 
90-629) inserted ``section 506'' in lieu of secs. ``506, 522, and 
523,''.
    \890\ Section 9104(b)(2) of the Department of Defense 
Appropriations Act, 1990 (Public Law 101-165; 103 Stat. 1152) inserted 
parenthetical language at end of sentence.
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    (e) In furnishing assistance under this 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, (1) 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 
Assignment of Claims Act of 1940, as amended (second and third 
paragraphs of 31 U.S.C. 203 and 41 U.S.C. 15), and (2) 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. Expenditure of funds which have been made 
available through accounts so established shall be accounted 
for on standard documentation required for expenditure of funds 
of the United States Government: Provided, That such 
expenditures for commodities, defense articles, military 
education and training services (including defense services), 
or facilities procured outside the United States may be 
accounted for exclusively on such certification as may be 
prescribed in regulations approved by the Comptroller General 
of the United States.
     (f) Credits made by the Export-Import Bank of Washington 
with funds allocated thereto under subsection (a) of this 
section or under section 522(a) of the Mutual Security Act of 
1954, as amended, shall not be considered in determining 
whether the Bank has outstanding at any one time loans and 
guaranties to the extent of the limitation imposed by section 7 
of the Export-Import Bank Act of 1945,\891\ as amended (12 
U.S.C. 635e).

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    \891\ For text, see Legislation on Foreign Relations Through 1997, 
vol. III.
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    (g) Any appropriation or account available to carry out 
provisions of part I 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 part I: Provided, That 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: Provided further, That such final charge to 
applicable appropriations or accounts shall not be required in 
the case of expenses (other than those provided for under 
section 637(a)) incurred in furnishing assistance by the agency 
primarily responsible for administering part I 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.
    Sec. 633.\892\ Waivers of Certain Laws.--(a) Whenever the 
President determines it to be in furtherance of the purposes of 
this Act,\893\ the functions authorized under this Act may be 
performed without regard to such provisions of law (other than 
the Renegotiation Act of 1951, as amended (50 U.S.C. App. 1211 
et seq.)), regulating the making, performance, amendment, or 
modification of contracts and the expenditure of funds of the 
United States Government as the President may specify.\894\

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    \892\ 22 U.S.C. 2393.
    \893\ Sec. 1405 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1675) amended 
subchapter IV of chapter 15 of title 31, U.S.C., to limit the 
availability of funds beyond the year in which such funds were 
appropriated, unless otherwise expressly stated, and canceled 
unobligated funds and pending obligated funds (see 31 U.S.C. 1551-1557, 
and related notes).
    \894\ See Executive Order 11223 (30 F.R. 6635, signed May 12, 
1965); amended by Executive Order 12163 (44 F.R. 56673, signed 
September 29, 1979); amended by Executive Order 12178 (44 F.R. 71807, 
signed December 10, 1979), in Legislation on Foreign Relations Through 
1997, vol. I-B.
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    (b) The functions authorized under part II may be performed 
without regard to such provisions as the President may specify 
of the joint resolution of November 4, 1939 (54 Stat. 4), as 
amended.
    (c) Notwithstanding the provisions of sections 3544(b) and 
8544(b) of title 10 of the United States Code, personnel of the 
Department of Defense may be assigned or detailed to any civil 
office to carry out this Act. [Referenced sections repealed by 
Public Law 90-235. See 10 U.S.C. 973(b).]
    Sec. 633A.\895\ Furnishing Information.--None of the funds 
made available pursuant to the provisions of this Act shall be 
used to carry out any provision of this Act in any country or 
with respect to any project or activity, after the expiration 
of the thirty-five-day period which begins on the date the 
General Accounting Office or any committee of the Congress 
charged with considering legislation, appropriations or 
expenditures under this Act, has delivered to the office of the 
head of any agency carrying out such provision, a written 
request that it be furnished any document, paper, 
communication, audit, review, finding, recommendation, report, 
or other material in its custody or control relating to the 
administration of such provision in such country or with 
respect to such project or activity, unless and until there has 
been furnished to the General Accounting Office, or to such 
committee, as the case may be, (1) the document, paper, 
communication, audit, review, finding, recommendation, report, 
or other material so requested, or (2) a certification by the 
President that has forbidden the furnishing thereof pursuant to 
request and his reason for so doing.

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    \895\ 22 U.S.C. 2393a. Sec. 502(a)(1) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 957) added the section designated 633A.
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    Sec. 634.\896\ Annual Report.--(a) In order that the 
Congress and the American people may be better and more 
currently informed regarding American foreign policy and the 
effectiveness of assistance provided by the United States 
Government to other countries and to international 
organizations, the Chairman of the Development Coordination 
Committee shall prepare and transmit to the Congress, no later 
than February 1 of each year, as a part of the annual 
presentation materials for foreign assistance, a report as 
described in this subsection. This report shall include--\897\

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    \896\ 22 U.S.C. 2394. Sec. 634 was amended and restated by sec. 
502(a)(2) of the International Development and Food Assistance Act of 
1978 (Public Law 95-424; 92 Stat. 957). Sec. 305(b) of Public Law 99-83 
(99 Stat. 215) (concerning the promotion of immunization and oral 
rehydration) provided as follows:
    ``Each annual report required by section 634 of the Foreign 
Assistance Act of 1961 shall describe the progress achieved during the 
preceding fiscal year in carrying out section 104(c)(3) of such Act.''.
    \897\ Sec. 733(1) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1559) amended and 
restated subsec. (a) to this point.
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          (1)(A) a comprehensive and coordinated review of all 
        United States policies and programs having a major 
        impact on the development of developing countries, 
        including but not limited to bilateral and multilateral 
        assistance, trade, debt, employment, food, energy, 
        technology, population, oceans, environment, human 
        settlements, natural resources, and participation in 
        international agencies concerned with development;
          (B) an assessment of the impact of such policies and 
        programs on the well-being of the poor majority in 
        developing countries in accordance with the policy 
        objectives of chapter 1 of part I, including \898\ 
        increasing life expectancy and literacy, lowering 
        infant mortality and birth rates, and increasing food 
        production and employment, such assessment to include 
        an evaluation of the extent to which programs under 
        chapter 1 of part I directly benefit the poor majority; 
        and \899\

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    \898\ The words ``the progressive developing countries are making 
toward achieving those objectives which are indicative of improved 
well-being of the poor majority, which objectives shall include but not 
be limited to'' which previously appeared at this point, were struck 
out by sec. 733(2) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1559).
    \899\ The language beginning with ``such assessment to include'' 
and ending with ``the poor majority'' was added by sec. 312(b) of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 216).
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          (C) an assessment of the impact of such policies and 
        programs on economic conditions in the United States, 
        including but not limited to employment, wages, and 
        working conditions;
          (2) the dollar value of all foreign assistance and 
        guaranties by category and by country provided or made 
        by the United States Government by any means to all 
        foreign countries and international organizations--
                  (A) from 1946 to the fiscal year immediately 
                preceding the fiscal year for which the report 
                is required;
                  (B) as presented to Congress for the 
                immediate preceding fiscal year;
                  (C) as obligated during the immediately 
                preceding fiscal year;
                  (D) as planned for the fiscal year in which 
                the report is presented;
                  (E) as proposed for the fiscal year following 
                the year in which the report is presented; and
                  (F) \900\ of any contract in excess of 
                $100,000 administered by the Agency for 
                International Development which was entered 
                into in the preceding fiscal year without 
                competitive selection procedures, and the 
                reasons for doing so;

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    \900\ Subpar. (F) was added by sec. 733(3) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1559).
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          (3) a summary of repayments, by country, to the 
        United States from previous foreign assistance loans;
          (4) \901\ the status of each sale of agricultural 
        commodities on credit terms theretofore made under the 
        Agricultural Trade Development and Assistance Act of 
        1954 with respect to which there remains outstanding 
        any unpaid obligation; and the status of each 
        transaction with respect to which a loan, contract or 
        guarantee of insurance, or extension of credit (or 
        participation therein) was theretofore made under the 
        Export-Import Bank Act of 1945 with respect to which 
        there remains outstanding any unpaid obligation or 
        potential liability; except that such report shall 
        include individually only any loan, contract, sale, 
        extension of credit, or other transactions listed in 
        this paragraph which is in excess of $1,000,000;

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    \901\ Par. (4) was amended and restated by sec. 733(4) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1559). Previously, par. (4) also required 
information on loans and contracts concerning security assistance under 
this Act and credits for the procurement of defense articles under the 
Arms Export Control Act. This information is now required by sec. 
25(a)(11) of the Arms Export Control Act.
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          (5)(A) the status of the debt servicing capacity of 
        each country receiving assistance under this Act;
          (B) all forms of debt relief granted by the United 
        States with respect to such countries, together with a 
        detailed statement of the specific debt relief granted 
        with respect to each such country and the purpose for 
        which it was granted; and
          (C) a summary of the net aid flow from the United 
        States to such countries, taking into consideration the 
        debt relief granted by the United States;
          (6) \902\ the dollar value of all official 
        development assistance, security assistance, 
        international disaster assistance, refugee assistance, 
        and international narcotic control assistance provided 
        by each government of a country which is a member of 
        the Organization for Economic Cooperation and 
        Development or of the Organization of Petroleum 
        Exporting Countries;

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    \902\ Sec. 707 of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3159) redesignated 
existing par. (6) as par. (8) and added new pars. (6) and (7). Sec. 
733(6) of the International Security and Development Cooperation Act of 
1981 (Public Law 97-113,;95 Stat. 1559) struck out par. (8) (as 
redesignated) and inserted new pars. (8) through (12). Similar 
information required in each of the new pars. (8) through (12) had been 
previously required under other provisions as follows: par. (8)--sec. 
613(c) of this Act (semiannually); par. (9)--sec. 640B(g) of this Act; 
par. (10)--sec. 657 of this Act; par. (11)--sec. 133(c)(6) of Public 
Law 95-88; and par. (12)--former par. (8) of this subsection.
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          (7) \902\ the percentage which each type of 
        assistance described in paragraph (6) represents of (A) 
        the gross national product of each country referred to 
        in paragraph (6), and (B) the budget of the government 
        of such country, as well as the per capita contribution 
        for each country for each type of assistance described 
        in paragraph (6);
          (8) \902\ the amount of all foreign currencies 
        acquired without payment of dollars on hand of each 
        foreign country as of September 30 of the preceding 
        fiscal year;
          (9) \902\ the Development Coordination Committee's 
        operations pursuant to section 640B(f) of this Act;
          (10) \902\ the aggregate dollar value and quantity of 
        grant military assistance, military education and 
        training, and any other defense articles and services 
        furnished under this Act by the United States to each 
        foreign country and international organization for the 
        preceding fiscal year;
          (11) \902\ information concerning the activities of 
        the Minority Resource Center during the preceding 
        fiscal year; and
          (12) \902\ other information appropriate to the 
        conduct of the foreign assistance program of the United 
        States Government.
    (b) For purposes of this section--
          (1) ``foreign assistance'' means any tangible or 
        intangible item provided by the United States 
        Government to a foreign country or international 
        organization under this or any other Act, including but 
        not limited to any training, service, or technical 
        advice, any item of real, personal, or mixed property, 
        any agricultural commodity, United States dollars, and 
        any currencies of any foreign country which are owned 
        by the United States Government; and
          (2) ``provided by the United States Government'' 
        includes, but is not limited to, foreign assistance 
        provided by means of gift, loan, sale, credit, or 
        guaranty.
    Sec. 634A.\903\ Notification of Program Changes.--(a) \904\ 
None of the funds appropriated to carry out the purposes of 
this Act (except for programs under title III or title IV of 
chapter 2 of part I, chapter 5 of part I, and programs of 
disaster relief and rehabilitation) or the Arms Export Control 
Act \905\ may be obligated for any activities, programs, 
projects, types of material assistance, countries, or other 
operations not justified, or in excess of the amount justified, 
to the Congress for obligation under this Act or the Arms 
Export Control Act \905\ for any fiscal year unless the 
Committee on Foreign Relations of the Senate, the Committee on 
Foreign Affairs \906\ of the House of Representatives, and the 
Committee on Appropriations of each House of the Congress are 
notified fifteen days in advance of such obligation. Whenever a 
proposed reprogramming exceeds $1,000,000 and the total amount 
proposed for obligation for a country under this Act in a 
fiscal year exceeds by more than $5,000,000 the amount 
specified for that country in the report required by section 
653(a) of this Act, notifications of such proposed 
reprogrammings shall specify--

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    \903\ 22 U.S.C. 2394-1. Added originally as sec. 671 by the 
International Development and Food Assistance Act of 1977 (Public Law 
95-88; 91 Stat. 543), sec. 634A was redesignated as such and moved to 
this point by sec. 502(b) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959).
    \904\ Subsecs. (b) and (c) were added by sec. 1209(a)(3) of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat 278). Sec. 1209(a)(1) of the Act also inserted the 
designation for subsec. (a) of sec. 634A.
    \905\ References to the Arms Export Control Act were added by sec. 
1209(a)(2) of the International Security and Development Cooperation 
Act of 1985 (Public Law 99-83; 99 Stat. 278).
    \906\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives. Previously, 
sec. 9(a)(6) of Public Law 103-437 (108 Stat. 4588) struck out 
``International Relations'' and inserted in lieu thereof ``Foreign 
Affairs''.
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          (1) the nature and purpose of such proposed 
        obligation, and
          (2) to the extent possible at the time of the 
        proposed obligation, the country for which such funds 
        would otherwise have been obligated.\907\

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    \907\ This final sentence in sec. 634A was added by sec. 704 of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1544).
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    (b) \904\ The notification requirement of this section does 
not apply to the reprogramming--
          (1) of funds to be used for an activity, program, or 
        project under chapter 1 of part I if the amounts to be 
        obligated for that activity, program, or project for 
        that fiscal year do not exceed by more than 10 percent 
        the amount justified to the Congress for that activity, 
        program, or project for that fiscal year; or
          (2) of less than $25,000 to be used under chapter 8 
        of part I, or under chapter 5 of part II, for a country 
        for which a program under that chapter for that fiscal 
        year was justified to the Congress.
    (c) \904\ The President shall notify the chairman of the 
Committee on Foreign Relations of the Senate and the chairman 
of the Committee on Foreign Affairs \908\ of the House of 
Representatives concerning any reprogramming of funds in the 
International Affairs Budget Function, the authorizations of 
appropriations for which are in their respective jurisdictions, 
to the same degree and with the same conditions as the 
President notifies the Committees on Appropriations. The 
requirements of this subsection are in addition to, and not in 
lieu of, other notification requirements.

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    \908\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    Sec. 634B.\909\ Classification of Reports.--All information 
contained in any report transmitted under this Act shall be 
public information. However, in the case of any item of 
information to be included in any such report that the 
President, on an extraordinary basis, determines is clearly 
detrimental to the security of the United States, he shall 
explain in a supplemental report why publication of each 
specific item would be detrimental to the security of the 
United States. A supplemental report shall be transmitted to 
the Congress at the time the report is transmitted.

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    \909\ 22 U.S.C. 23941a. Sec. 634B was added by sec. 502(c) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 959).
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    Sec. 635.\910\ General Authorities.--(a) Except as 
otherwise specifically provided in this Act, assistance under 
this Act may be furnished on a grant 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 commodities) as may be determined to be 
best suited to the achievement of the purposes of this Act, and 
shall emphasize loans rather than grants wherever possible.

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    \910\ 22 U.S.C. 2395.
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    (b) The President may make loans, advances, and grants to, 
make and perform agreements and contracts with, or enter into 
other transactions with, any individual, corporation, or other 
body of persons, friendly government or government agency, 
whether within or without the United States and international 
organizations in furtherance of the purposes and within the 
limitations of this Act.
    (c) It is the sense of Congress that the President, in 
furthering the purposes of this Act, shall use to the maximum 
extent practicable the services and facilities of voluntary, 
nonprofit organizations registered with, and approved by, the 
Agency for International Development.\911\

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    \911\ Reference to the Agency for International Development was 
inserted in lieu of a reference to the Advisory Committee on Voluntary 
Foreign Aid by sec. 121 of the International Development Cooperation 
Act of 1979 (Public Law 96-53; 93 Stat. 366).
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    (d) 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)(1) \912\ 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 technical 
information and assistance administered by such agency while 
such participants are absent from their homes for the purpose 
of participation in such program.

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    \912\ Sec. 302(i)(1) of the FA Act of 1967 added paragraph 
designation ``(1)'' and par. (2).
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    (2) \912\ 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) Alien participants in any program of furnishing 
technical information and 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, as amended (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) In making loans \913\ under this Act, the President--

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    \913\ The words ``and sales'', which appeared at this point, were 
added by sec. 302(g) of the FA Act of 1965; then deleted by sec. 
302(i)(2) of the FA Act of 1967, effective June 30, 1968.
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          (1) may issue letters of credit and letters of 
        commitment;
          (2) may collect or compromise any obligations 
        assigned to, or held by, and any legal or equitable 
        rights accruing to him, and, as he may determine, refer 
        any such obligations or rights to the Attorney General 
        for suit or collection;
          (3) may acquire and dispose of, upon such terms and 
        conditions as he may determine, any property, including 
        any instrument evidencing indebtedness or ownership 
        (provided that equity securities may not be directly 
        purchased although such securities may be acquired by 
        other means such as by exercise of conversion rights or 
        through enforcement of liens or pledges or otherwise to 
        satisfy a previously incurred indebtedness), and 
        guarantee payment against any such instrument;
          (4) may determine the character of, and necessity 
        for, obligations and expenditures of funds used in 
        making such loans and the manner in which they 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 an 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 the Government Corporation 
        Control Act, as amended (31 U.S.C. 841 et seq.).
    (h) A contract or agreement which entails commitments for 
the expenditure of funds \914\ available under chapter 1 \915\ 
(except development loans) \916\ and title II of chapter 2 of 
part I and under part II may, subject to any future action of 
the Congress, extend at any time for not more than five years.

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    \914\ Sec. 302(g) of the FA Act of 1962 deleted the word ``made'' 
which appeared after the word ``funds''.
    \915\ Reference to chapter 1 was inserted in lieu of reference to 
titles V and VI by sec. 102(g)(2)(G) of the International Development 
and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943).
    \916\ The words ``(except development loans)'' were added by sec. 
302(d) of the FA Act of 1966.
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    (i) Claims arising as a result of investment guaranty 
operations 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.
    (j) The provisions of section 955 of title 18 of the United 
States Code shall not apply to prevent any person, including 
any individual, partnership, corporation, or association, from 
acting for, or participating in, any operation or transaction 
arising under this Act, or from acquiring any obligation issued 
in connection with any operation or transaction arising under 
this Act.
    (k) \917\ Any cost-type contract or agreement (including 
grants) entered into with a university, college, or other 
educational institution for the purpose of carrying out 
programs authorized by part I may provide for the payment of 
the reimbursable indirect costs of said university, college, or 
other educational institution on the basis of predetermined 
fixed-percentage rates applied to the total or an element 
thereof, of the reimbursable direct costs incurred.

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    \917\ Subsec. (k) was added by sec. 302(e) of the FA Act of 1963.
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    Sec. 636.\918\ Provisions on Uses of Funds.--(a) 
Appropriations for the purposes of or pursuant to this Act 
(except for Part II), allocations to any agency of the United 
States Government, from other appropriations, for functions 
directly related to the purposes of this Act, and funds made 
available for other purposes to the agency primarily 
responsible for administering part I, shall be available for:

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    \918\ 22 U.S.C. 2396.
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          (1) rent of buildings and space in buildings in the 
        United States, and for repair, alteration, and 
        improvements of such leased properties;
          (2) expenses of attendance at meetings concerned with 
        the purposes of such appropriations of this Act, 
        including (notwithstanding the provisions of section 9 
        of Public Law 60328 (31 U.S.C. 673)) expenses in 
        connection with meetings and persons whose employment 
        is authorized by section 626;
          (3) contracting with individuals for personal service 
        abroad: Provided, That such individuals shall not be 
        regarded as employees of the United States Government 
        for the purpose of any law administered by the Civil 
        Service Commission;
          (4) purchase, maintenance, operation, and hire of 
        aircraft: Provided, That aircraft for administrative 
        purposes may be purchased only as specifically provided 
        for in an appropriation or other Act;
          (5) purchase and hire of passenger motor vehicles: 
        Provided, That, except as may otherwise be provided in 
        an appropriation or other Act, passenger motor vehicles 
        for administrative purposes outside the United States 
        may be purchased for replacement only, and such 
        vehicles may be exchanged or sold and replaced by an 
        equal number of such vehicles and the cost, including 
        exchange allowance, of each such replacement shall not 
        exceed the current market price in the United States of 
        a mid-sized sedan or station wagon meeting the 
        requirements established by the General Services 
        Administration for a Class III vehicle of United States 
        manufacture (or, if the replacement vehicle is a right-
        hand drive vehicle, 120 percent of that price) \919\ in 
        the case of an automobile for the chief of any special 
        mission or staff outside the United States established 
        under section 631: Provided further, That passenger 
        motor vehicles other than one for the official use 
        \920\ of the head of the agency primarily responsible 
        for administering part I, may be purchased for use in 
        the United States only as may be specifically provided 
        in an appropriation or other Act;

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    \919\ The words to this point beginning with ``the current market 
price * * *'' were inserted in lieu of ``$3,500'' by sec. 505 of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 960).
    \920\ Public Law 99-550 (100 Stat. 3067) deleted the following 
phrase: ``(without regard to the limitations contained in section 5 of 
Public Law 63127, as amended (31 U.S.C. 638a(c)(2)), and section 201 of 
Public Law 85468 (31 U.S.C. 638(c))''.
    Similar provisions were deleted from sec. 48 of the Arms Control 
and Disarmament Act. See Legislation on Foreign Relations Through 1997, 
vol. II, sec. F, notes.
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          (6) entertainment (not to exceed $25,000 in any 
        fiscal year except as may otherwise be provided in an 
        appropriation or other Act);
          (7) exchange of funds without regard to section 3651 
        of the Revised Statutes (31 U.S.C. 543) and loss by 
        exchange;
          (8) expenditures (not to exceed $50,000 in any fiscal 
        year except as may otherwise be provided in an 
        appropriation or other Act) of a confidential character 
        other than entertainment: Provided, That a certificate 
        of the amount of such expenditure, the nature of which 
        it is considered inadvisable to specify, shall be made 
        by the head of the agency primarily responsible for 
        administering part I or such person as he may 
        designate, and every such certificate shall be deemed a 
        sufficient voucher for the amount therein specified; 
        \921\

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    \921\ See also sec. 614(c) of this Act.
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          (9) insurance of official motor vehicles or aircraft 
        acquired for use in foreign countries;
          (10) rent or lease outside the United States for not 
        to exceed ten years of offices, buildings, grounds, and 
        quarters, including living quarters to house personnel, 
        and payments therefor in advance; maintenance, 
        furnishings, necessary repairs, improvements, and 
        alterations to properties owned or rented by the United 
        States Government or made available for use to the 
        United States Government outside the United States; and 
        costs of fuel, water, and utilities for such 
        properties;
          (11) expenses of preparing and transporting to their 
        former homes, or, with respect to foreign participants 
        engaged in any program under part I, to their former 
        homes or places of burial, and of care and disposition 
        of, the remains of persons or members of the families 
        of persons who may die while such persons are away from 
        their homes participating in activities carried out 
        with funds covered by this subsection;
          (12) purchase of uniforms;
          (13) payment of per diem in lieu of subsistence to 
        foreign participants engaged in any program under part 
        I 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;
          (14) use in accordance with authorities of the 
        Foreign Service Act of 1980 \922\ (22 U.S.C. 3901 et 
        seq.) not otherwise provided for;

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    \922\ Sec. 1211(b)(1) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279) inserted 
reference to the 1980 Act which updated a reference to the 1946 version 
of the Act which had been repealed and replaced by the 1980 version.
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          (15) ice and drinking water for use outside the 
        United States;
          (16) services of commissioned officers of the 
        Environmental Science Services Administration and for 
        the purposes of providing such services to the 
        Environmental Science Services Administration \923\ may 
        appoint not to exceed twenty commissioned officers in 
        addition to those otherwise authorized;

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    \923\ Sec. 302(k) of the FA Act of 1967 inserted ``Environmental 
Science Service Administration'' in lieu of ``Coast and Geodetic 
Survey''.
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          (17) expenses in connection with travel of personnel 
        outside the United States, including travel expenses of 
        dependents (including expenses during necessary 
        stopovers while engaged in such travel), and 
        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 cost of transporting automobiles to 
        and from a place of storage, and the cost of storing 
        automobiles of such personnel when it is in the public 
        interest or more economical to authorize storage.
    (b) Funds made available for the purposes of this Act may 
be used for compensation, allowances, and travel of personnel 
including Foreign Service personnel whose services are utilized 
primarily for the purposes of this Act, for printing and 
binding without regard to the provisions of any other law, and 
for 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 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.
    (c) \924\ Notwithstanding any other law, not to exceed 
$6,000,000 \925\ of the funds available for assistance under 
this Act \926\ may be used in any fiscal year (in addition to 
funds available for such use under other authorities in this 
Act) to construct or otherwise acquire outside the United 
States (1) essential living quarters, office space, and 
necessary supporting facilities for use of personnel carrying 
out activities authorized by this Act, and (2) 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. 
In addition, funds made available for assistance under this Act 
\926\ may be used, notwithstanding any other law, to equip, 
staff, operate, and maintain such schools and hospitals.

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    \924\ Sec. 585 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2047), provided the following:
    ``Sec. 585. (a) The proceeds of overseas property acquired by the 
Agency for International Development under the authority of section 
636(c) of the Foreign Assistance Act of 1961 may be deposited in a 
separate fund, which shall be known as the Property Management Fund. 
Such proceeds shall be available for use only for the purposes of 
section 636(c) of that Act, and shall remain available until expended. 
The Administrator of the Agency for International Development shall 
report all uses of funds deposited into the Property Management Fund as 
part of the annual Congressional Presentation materials submitted by 
the Agency for International Development.
    ``(b) The provisions of subsection (a) shall be applicable to 
property acquired prior to the date of enactment of this Act and at any 
time thereafter.''.
    \925\ The figure $6,000,000 was substituted in lieu of $3,000,000 
by title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1988 (sec. 101(e) of the Continuing 
Appropriations for 1988; Public Law 100-202; 101 Stat. 1329).
    \926\ The words ``(other than title I of chapter 2 of part I)'', 
which previously appeared at this point, were struck by sec. 102(g)(2) 
of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 943).
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    (d) Not to exceed $2,500,000 \927\ of funds available for 
assistance under this Act \926\ may be used in any fiscal year 
to provide assistance, on such terms and conditions as are 
deemed appropriate, 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.

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    \927\ Sec. 302(1) of the FA Act of 1967 inserted ``$2,500,000'' in 
lieu of ``$1,500,000''.
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    (e) Funds available under this Act \926\ may be used to pay 
costs of training United States citizen personnel employed or 
assigned pursuant to section 625(d)(2) (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; and 
the provisions of Public Law 84918 (7 U.S.C. 1881 et seq.) may 
be used to carry out the foregoing authority notwithstanding 
that interchange of personnel may not be involved or that the 
training may not take place at the institutions specified in 
that Act. Such training shall not be considered employment or 
holding of office under section 5533 of title 5 of the United 
States Code,\928\ and any payments or contributions in 
connection therewith 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: Provided, 
however, That any such payments to any employee in the nature 
of compensation shall be in lieu, or in reduction, of 
compensation received from the United States Government.

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    \928\ Sec. 302(m) of the FA Act of 1967 inserted ``5533 of title 5 
of the United States Code'' in lieu of ``301 of the Dual Compensation 
Act (5 U.S.C. 3105)''.
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    (f) Funds made available under chapter 1 of part I \929\ 
may be used for expenses (other than those provided for under 
section 637(a)) to assist in carrying out functions under 
chapter 1 \930\ of part I, under the Agricultural Trade 
Development and Assistance Act of 1954, as amended (7 U.S.C. 
1691 et seq.), and under the Latin American Development Act, as 
amended \931\ (22 U.S.C. 1942 et seq.), performed by the agency 
primarily responsible for administering part I or by the 
Corporation established under title IV of chapter 2 of part I 
with respect to loan activities which it carries out under the 
provisions of the Agricultural Trade Development and Assistance 
Act of 1954, as amended.\932\

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    \929\ The reference to chapter 1 of part I was inserted in lieu of 
a reference to sec. 212 by sec. 102(g)(2)(J) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 943).
    \930\ The reference to chapter 1 was inserted in lieu of a 
reference to title I of chapter 2 by sec. 102(g)(2)(J) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 943).
    \931\ Sec. 302(h)(2) of the FA Act of 1965 inserted ``Latin 
American Development Act, as amended'' in lieu of ``Act to provide for 
assistance in the development of Latin America and in the 
reconstruction of Chile, and for other purposes''. For text of the 
Latin American Development Act, see Legislation on Foreign Relations 
Through 1997, vol. I-B.
    \932\ The words to this point, beginning with ``or by the 
Corporation'', were added by sec. 306 of the FA Act of 1969. For text 
of the Agricultural Trade Development and Assistance Act of 1954, as 
amended, see Legislation on Foreign Relations Through 1997, vol. I-B.
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    (g) Funds made available for the purposes of part II or the 
Arms Export Control Act \933\ shall be available for--

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    \933\ Title III of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1214), added this reference to the Arms Export Control Act.
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          (1) administrative, extraordinary (not to exceed 
        $300,000 in any fiscal year), and operating expenses 
        incurred in furnishing defense articles, military 
        education and training \934\ and defense services on a 
        grant or sales basis by the agency primarily 
        responsible for administering part II; \935\

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    \934\ The words ``, military education and training'' were added by 
sec. 106(b) of the International Security Assistance and Arms Export 
Control Act of 1976 (Public Law 94-329; 90 Stat. 733).
    \935\ The words to this point, beginning with ``incurred in 
furnishing'' (except as noted in footnote 877) were added by sec. 
302(d) of the FA Act of 1968.
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          (2) reimbursement of actual expenses of military 
        officers detailed or assigned as tour directors in 
        connection with orientation visits of foreign military 
        and related civilian personnel,\936\ in accordance with 
        the provisions of section 5702(c) of title 5 of the 
        United States Code,\937\ applicable to civilian 
        officers and employees; and

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    \936\ The words ``and related civilian personnel'' were inserted in 
lieu of ``personnel'' by sec. 106(b) of the International Security 
Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 
Stat. 733).
    \937\ Sec. 302(n) of the FA Act of 1967 inserted ``5702(c) of title 
5 of the United States Code'' in lieu of ``3 of the Travel Expense Act 
of 1949, as amended (5 U.S.C. 836),''.
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          (3) maintenance, repair, alteration, and furnishing 
        of United States-owned facilities in the District of 
        Columbia or elsewhere for the training of foreign 
        military and related civilian personnel \936\ without 
        regard to the provisions of section 3733 of the Revised 
        Statutes (41 U.S.C. 12) or other provision of law 
        requiring a specific authorization or specific 
        appropriation for such public contracts.
    (h) \938\ In carrying out programs under this Act, the 
President shall take all appropriate steps to assure that, to 
the maximum extent possible, (1) countries receiving assistance 
under this Act contribute local currencies to meet the cost of 
contractual and other services rendered in conjunction with 
such programs, and (2) foreign currencies owned by the United 
States are utilized to meet the costs of such contractual and 
other services.

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    \938\ Subsec. (h) was added by sec. 302(f) of the FA Act of 1963.
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    (i) \939\ Notwithstanding section 640 or any other 
provision of this Act, none of the funds made available to 
carry out this Act shall be used to finance the purchase, sale, 
long-term lease, exchange, or guaranty of a sale of motor 
vehicles unless such motor vehicles are manufactured in the 
United States. Provided, That where special circumstances exist 
the President is authorized to waive the provisions of this 
section in order to carry out the purposes of this Act.

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    \939\ Subsec. (i) was added by sec. 302(o) of the FA Act of 1967.
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    Sec. 637.\940\ Administrative Expenses.--(a) \941\ * * * 
[Repealed--1978]

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    \940\ 22 U.S.C. 2397.
    \941\ Subsec. (a) was repealed by sec. 604 of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 961).
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    (b) There is hereby authorized to be appropriated \942\ 
such amounts as may be necessary from time to time for 
administrative expenses which are incurred for functions of the 
Department of State under this Act and unrepealed provisions of 
the Mutual Security Act of 1954, as amended, or for normal 
functions of the Department of State which relate to such 
functions.\943\

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    \942\ The words ``to the Secretary of State'', which appeared at 
this point, were deleted by sec. 302(h)(2) of the FA Act of 1962.
    \943\ The FA Appropriation Act, 1975, appropriated $4,800,000, as 
authorized by this section.
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    Sec. 638.\944\ Exclusions.\945\--(a) No provision of this 
Act shall be construed to prohibit assistance to any country 
pursuant to the Peace Corps Act, as amended; the Mutual 
Educational and Cultural Exchange Act of 1961, as amended; or 
the Export-Import Bank Act of 1945, as amended.\946\

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    \944\ 22 U.S.C. 2398. Sec. 638 was added by sec. 302(h) of the FA 
Act of 1963.
    \945\ The word ``Exclusions'' was inserted in lieu of ``Peace Corps 
Assistance'' by sec. 19 of the FA Act of 1973.
    \946\ 12 U.S.C. 635. The words ``: or famine or disaster relief, 
including such relief through voluntary agencies, under title II of the 
Agricultural Trade Development and Assistance Act of 1954, as 
amended'', which appeared at this point, were struck out by sec. 202(j) 
of the FA Act of 1965.
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    (b) \947\ No provision of this Act or any other provision 
of law shall be construed to prohibit assistance for any 
training activity which is funded under this Act for Brazil or 
Argentina as long as such country continues to have a 
democratically elected government and the assistance is 
otherwise consistent with sections 116, 502B, 620(f), 620A, and 
660 of this Act.

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    \947\ Subsec. (b) was added by sec. 588 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1988 
(Continuing Appropriations for 1988; Public Law 100-202; 101 Stat. 
1329). Sec. 588 also provided that subsec. (b) not apply with respect 
to funds appropriated prior to the enactment of Public Law 100-202.
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    Sec. 639.\948\ Famine or Disaster Relief.--* * * 
[Repealed--1975]

-----------------------------------------------------------------------
    \948\ Sec. 639 was repealed by sec. 101(6) of Public Law 94-161 (89 
Stat. 849).
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    Sec. 639A.\949\ Disaster Relief Assistance.--* * * 
[Redesignated--1975]

-----------------------------------------------------------------------
    \949\ Sec. 639A, as added by the FA Act of 1973, was redesignated 
as sec. 494A of this Act by sec. 101(5) of Public Law 94-161 (89 Stat. 
849). It was subsequently repealed in 1978.
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    Sec. 639B.\950\ African Development Program.--* * * 
[Redesignated--1975]

-----------------------------------------------------------------------
    \950\ Sec. 639B, as added by sec. 20 of the FA Act of 1973, was 
redesignated as sec. 494B by sec. 101(5) of Public Law 94-161 (89 Stat. 
849). It has subsequently been redesignated as sec. 120 of this Act.
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    Sec. 640.\951\ Military Sales.--* * * [Repealed--1968]

-----------------------------------------------------------------------
    \951\ Sec. 640 was repealed by sec. 45(a) of the Foreign Military 
Sales Act (Public Law 90-629).
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    Sec. 640A.\952\ False Claims and Ineligible Commodities.--
(a) Any person who makes or causes to be made or presents or 
causes to be presented to any bank or other financial 
institution or to any officer, agent, or employee of any agency 
of the United States Government a claim for payment from funds 
made available under this Act for the purposes of furnishing 
assistance and who knows the claim to be false, fraudulent, or 
fictitious or to cover a commodity or commodity-related service 
determined by the President to be ineligible for payment from 
funds made available under this Act, or who uses to support his 
claim any certification, statement, or entry on any contract, 
bill of lading, Government or commercial invoice, or Government 
form, which he knows, or in the exercise of prudent business 
management should know, to contain false, fraudulent, or 
fictitious information, or who uses or engages in any other 
fraudulent trick, scheme, or device for the purpose of securing 
or obtaining, or aiding to secure or obtain, for any person any 
benefit or payment from funds so made available under this Act 
in connection with the negotiation, procurement, award, or 
performance of a contract financed with funds so made available 
under this Act, and any person who enters into an agreement, 
combination or conspiracy to do so, (1) shall pay to the United 
States an amount equal to 25 per centum of any amount thereby 
sought to be wrongfully secured or obtained but not actually 
received, and (2) shall forfeit and refund any payment, 
compensation, loan, commission, or advance received as a result 
thereof, and (3) shall, in addition, pay to the United States 
for each such act (A) the sum of $2,000 and double the amount 
of any damage which the United States may have sustained by 
reason thereof, or (B) an amount equal to 50 per centum of any 
such payment, compensation, loan, commission, or advance so 
received, whichever is the greater, together with the costs of 
suit.

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    \952\ 22 U.S.C. 2399. Sec. 640A was added by sec. 302(f) of the FA 
Act of 1968.
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    (b) In order to secure recovery under this section, the 
President may, as he deems appropriate, (1) institute suit in 
the United States district court for any judicial district in 
which the person alleged to have performed or participated in 
an act described by this section may reside or may be found, 
and (2) upon posting by registered mail to such person a notice 
of claim describing the basis therefor and identifying the 
funds to be withheld, withhold from funds owed by any agency of 
the United States Government to such person an amount equal to 
the refund, damages, liquidated damages, and exemplary damages 
claimed by the United States under this section. Any such 
withholding of funds from any person shall constitute a final 
determination of the rights and liabilities of such person 
under this section with respect to the amount so withheld, 
unless within one year of receiving the notice of claim such 
person brings suit for recovery, which is hereby authorized, 
against the United States in any United States district court.
    (c) For purposes of this section, the term ``person'' 
includes any individual, corporation, partnership, association, 
or other legal entity.
    Sec. 640B.\953\ Coordination.--(a) The President shall 
establish a system for coordination of United States policies 
and programs which affect United States interests in the 
development of low-income countries. To that end, the President 
shall establish a Development Coordination Committee which 
shall advise him with respect to coordination of United States 
policies and programs affecting the development of the 
developing countries, including programs of bilateral and 
multilateral development assistance. The Committee shall 
include the head of the agency primarily responsible for 
administering part I, Chairman, and representatives of the 
Departments of State, Treasury, Commerce, Agriculture, Energy, 
and Labor, the Executive Office of the President and other 
executive departments and agencies, as the President shall 
designate.\954\ The Committee shall advise the President 
concerning the degree to which bilateral and multilateral 
development assistance should focus on critical problems in 
those functional sectors which affect the lives of the majority 
of people in the developing countries: food production; rural 
development and nutrition; population planning and health; and 
education, public administration, and human resource 
development.\955\

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    \953\ 22 U.S.C. 2399. Sec. 640B was added by sec. 21 of the FA Act 
of 1973.
    \954\ Representatives from the Department of Energy were added to 
this list of Committee members by sec. 118 of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 365). 
The function of the head of the agency primarily responsible for 
administering part I, as mentioned in this sentence, was transferred to 
the Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 
of 1979 (establishing IDCA).
    \955\ This sentence was added by sec. 127(a) of the International 
Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 
542).
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    (b) The President shall prescribe appropriate procedures to 
assure coordination among--
          (1) the various departments and agencies of the 
        United States Government having representatives in 
        diplomatic missions abroad; and
          (2) representatives of the United States Government 
        in each country, under the direction of the Chief of 
        the United States Diplomatic Mission.
The President shall keep the Congress advised of his actions 
under this subsection.
    (c) Programs authorized by this Act shall be undertaken 
with the foreign policy guidance of the Secretary of State.
    (d) \956\ * * * [Repealed--1978]

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    \956\ Subsec. (d), which had required an annual report from the 
President regarding U.S. actions affecting the development of less 
developed countries, was repealed by sec. 502(d)(1) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 959). A similar report is now required under sec. 634 
of this Act.
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    (e) \957\ The head of any of the departments or agencies 
referred to in subsection (a) may temporarily assign, upon the 
request of the Chairman, any employee from such department or 
agency to the staff of the Committee.

-----------------------------------------------------------------------
    \957\ Subsecs. (e) and (f), were added by sec. 127(c) of the 
International Development and Food Assistance Act of 1977 (Public Law 
95-88; 91 Stat. 543).
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    (f) \957\ To carry out the purposes of subsection (a), the 
Committee shall--
          (1) prepare studies on various development problems;
          (2) devise implementation strategies on developmental 
        problems appropriate to each such department or agency;
          (3) monitor and evaluate the results of the 
        development activities of each such department or 
        agency; and
          (4) arrange for the exchange of information and 
        studies between such agencies and departments.
    (g) \958\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \958\ Subsec. (g), as added by sec. 127(c) of Public Law 95-88 (91 
Stat. 543) and amended by sec. 502(d)(2) of Public Law 95-424 (92 Stat. 
959), was repealed by sec. 734(a)(1) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). 
Formerly, subsec. (g) required an annual report to Congress on the 
Committee's operations. Such information is now required under sec. 
634(a)(9) of this Act.
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    Sec. 640C.\959\ Shipping Differential.--For the purposes of 
facilitating implementation of section 901(b) of the Merchant 
Marine Act, 1936 (46 U.S.C. 1241(b)), funds made available for 
the purposes of chapter 1 of part I or for purposes of chapter 
4 of part II \960\ may be used to make grants to recipients to 
pay all or any portion of such differential as is determined by 
the Secretary of Commerce 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.

-----------------------------------------------------------------------
    \959\ 22 U.S.C. 2399d. Sec. 640C was added by sec. 21 of the FA Act 
of 1973.
    \960\ The reference to chapter 4 of part II was inserted in lieu of 
a reference to part V by sec. 708 of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3159).
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                  Chapter 3--Miscellaneous Provisions

    Sec. 641.\961\ Effective Date and Identification of 
Programs.--This Act shall take effect on the date of its 
enactment. Programs under this Act shall be identified 
appropriately overseas as ``American Aid''.

-----------------------------------------------------------------------
    \961\ 22 U.S.C. 2401.
-----------------------------------------------------------------------

    Sec. 642. Statutes Repealed.--(a) There are hereby 
repealed--
          (1) Reorganization Plan Numbered 7 of 1953;
          (2) the Mutual Security Act of 1954, as amended 
        (except sections \962\ 402, 408, 417, 502(a), 502(b), 
        514, 523(d) and 536; \963\, \964\

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    \962\ Sec. 303(a) of the FA Act of 1965 struck out sec. 143 of the 
Mutual Security Act of 1954 as amended, which was retained by the FA 
Act of 1961.
    \963\ For text of the Mutual Security Act of 1954, see Legislation 
on Foreign Relations Through 1997, vol. I-B. Subsecs. (a), (c), and (d) 
of sec. 405 of the Mutual Security Act of 1954, as amended, and subsec. 
(c) of sec. 451, which were retained by the Foreign Assistance Act of 
1961, were repealed by sec. 6 of the Migration and Refugee Assistance 
Act of 1962 (Public Law 87-510). Sec. 414 of the Mutual Security Act of 
1954, as amended, was repealed by sec. 212(b) of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329).
     \964\ The words ``: Provided, That until the enactment of 
legislation authorizing and appropriating funds for activities 
heretofore carried on pursuant to sections 405(a), 405(c), 405(d), and 
451(c) of the Mutual Security Act of 1954, as amended, such activities 
may be continued with funds made available under section 451(a) of this 
Act'', which appeared at this point, were struck out by sec. 303(a) of 
the FA Act of 1965.
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          (3) section 12 of the Mutual Security Act of 1955;
          (4) sections 12, 13, and 14 of the Mutual Security 
        Act of 1956;
          (5) section 503 of the Mutual Security Act of 1958;
          (6) section 108 of the Mutual Security Appropriation 
        Act, 1959;
          (7) section 501(a), chapter VI, and sections 702 and 
        703 of the Mutual Security Act of 1959, as amended; and
          (8) section 604 and chapter VIII of the Mutual 
        Security Act of 1960.
    (b) References in law to the Acts, or provisions of such 
Acts, repealed by subsection (a) of this section shall 
hereafter be deemed to be references to this Act or appropriate 
provisions of this Act.
    (c) The repeal of the Acts listed in subsection (a) of this 
section shall not be deemed to affect amendments contained in 
such Acts to Acts not named in that subsection.
    Sec. 643.\965\ Saving Provisions.--(a) 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 
section 642(a) and the Foreign Assistance Act of 1969 \966\ 
shall continue in full force and effect until modified by 
appropriate authority.

-----------------------------------------------------------------------
    \965\ 22 U.S.C. 2402.
    \966\ The words ``and the Foreign Assistance Act of 1969'' were 
added by sec. 308 of the FA Act of 1969.
-----------------------------------------------------------------------

    (b) Wherever provisions of this Act establish conditions 
which must be complied with before use may be made of authority 
contained in, or funds authorized by, this Act, compliance 
with, or satisfaction of, substantially similar conditions 
under Acts listed in section 642(a) and the Foreign Assistance 
Act of 1969 or Acts repealed by those Acts shall be deemed to 
constitute compliance with the conditions established by this 
Act.
    (c) Funds made available pursuant to provisions of law 
repealed by section 642(a)(2) and the Foreign Assistance Act of 
1969 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.
    (d) \967\ * * * [Repealed--1962]

-----------------------------------------------------------------------
    \967\ Subsec. (d) was repealed by sec. 303(a) of the FA Act of 
1962.
-----------------------------------------------------------------------

    Sec. 644.\968\ Definitions.--As used in this Act--

-----------------------------------------------------------------------
    \968\ 22 U.S.C. 2403.
-----------------------------------------------------------------------

    (a) ``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.
    (b) ``Armed Forces'' of the United States means the Army, 
Navy, Air Force, Marine Corps, and Coast Guard.
    (c) ``Commodity'' includes any material, article, supply, 
goods, or equipment used for the purposes of furnishing 
nonmilitary assistance.
    (d) ``Defense article'' includes--
          (1) any weapon, weapons system, munition, aircraft, 
        vessel, boat, or other implement of war;
          (2) any property, installation, commodity, material, 
        equipment, supply, or goods used for the purposes of 
        furnishing military assistance;
          (3) any machinery, facility, tool, material, supply, 
        or other item necessary for the manufacture, 
        production, processing, repair, servicing storage, 
        construction, transportation, operation, or use of any 
        article listed in this subsection; or
          (4) any component or part of any article listed in 
        this subsection; but
shall not include merchant vessels or, as defined by the Atomic 
Energy Act of 1954, as amended (42 U.S.C. 2011), source 
material (except uranium depleted in the isotope 235 which is 
incorporated in defense articles solely to take advantage of 
high density or pyrophoric characteristics unrelated to 
radioactivity),\969\ byproduct material, special nuclear 
material, production facilities,\970\ utilization facilities, 
or atomic weapons or articles involving Restricted Data.\970\

-----------------------------------------------------------------------
    \969\ The parenthetical phrase was added by sec. 22 of the 
International Security Assistance Act of 1979 (Public Law 96-92; 93 
Stat. 710).
    \970\ Sec. 303(a)(1) of the FA Act of 1967 added the words 
``production facilities, utilization facilities,'' and ``or articles 
involving Restricted Data.''.
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    (e) ``Defense information'' includes any document, writing, 
sketch, photograph, plan, model, specification, design, 
prototype, or other recorded or oral information relating to 
any defense article or defense service, but shall not include 
Restricted Data as defined by the Atomic Energy Act of 1954, as 
amended, and data removed from the Restricted Data category 
under section 142d of that Act.\971\

-----------------------------------------------------------------------
    \971\ Sec. 303(a)(2) of the FA Act of 1967 struck out the words 
``and formerly Restricted Data'' which appeared after the words 
``Restricted Data,'' and added the words to this point beginning with 
``, and data removed''.
-----------------------------------------------------------------------

    (f) \972\ ``Defense service'' includes any service, test, 
inspection, repair, publication, or technical or other 
assistance or defense information used for the purposes of 
furnishing military assistance, but does not include military 
educational and training activities under chapter 5 of part II.

-----------------------------------------------------------------------
    \972\ Subsec. (f) was amended by sec. 106(b) of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 733). It formerly read as follows:
    ```Defense service' includes any service, test, inspection, repair, 
training, publication, or technical or other assistance, or defense 
information used for the purposes of furnishing military assistance. 
`Training' includes formal or informal instruction of foreign students 
in the United States or overseas by officers or employees of the United 
States, contract technicians, contractors (including instruction at 
civilian institutions), or by correspondence courses, technical, 
educational, or information publications and media of all kinds, 
training aid, orientation, training exercise, and military advice to 
foreign military units and forces.''.
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    (g) \973\ ``Excess defense articles'' means the quantity of 
defense articles (other than construction equipment, including 
tractors, scrapers, loaders, graders, bulldozers, dump trucks, 
generators, and compressors) \974\ owned by the United States 
Government, and not procured in anticipation of military 
assistance or sales requirements, or pursuant to a military 
assistance or sales order, which is in excess of the Approved 
Force Acquisition Objective and Approved Force Retention Stock 
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.

-----------------------------------------------------------------------
    \973\ Sec. 22(1) of the FA Act of 1973 amended subsec. (g), which 
formerly read as follows:
    ``(g) `Excess defense articles' means the quantity of defense 
articles owned by the United States Government, and not procured in 
anticipation of military assistance or sales requirements, or pursuant 
to a military assistance or sales order, which is in excess of the 
mobilization reserve at the time such articles are dropped from 
inventory by the supplying agency for delivery to countries or 
international organizations under this Act.''.
    \974\ Sec. 9(b) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4934) inserted ``(other than 
construction equipment, including tractors, scrapers, loaders, graders, 
bulldozers, dump trucks, generators, and compressors)'' after 
``articles''.
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    (h) ``Function'' includes any duty, obligation, power, 
authority, responsibility, right, privilege, discretion, or 
activity.
    (i) \975\ * * * [Repealed--1973]

-----------------------------------------------------------------------
    \975\ Subsec. (i), which related to mobilization reserve, was 
repealed by sec. 22(2) of the FA Act of 1973.
-----------------------------------------------------------------------

    (j) ``Officer or employee'' means civilian personnel and 
members of the Armed Forces of the United States Government.
    (k) ``Services'' include any service, repair, training of 
personnel, or technical or other assistance or information used 
for the purposes of furnishing nonmilitary assistance.
    (l) ``Surplus agricultural commodity'' means any 
agricultural commodity or product thereof, class, kind, type, 
or other specification thereof, produced in the United States 
either publicly or privately owned, which is in excess of 
domestic requirements, adequate carryover, and anticipated 
exports for United States dollars, as determined by the 
Secretary of Agriculture.
    (m) \976\ ``Value'' means--

-----------------------------------------------------------------------
    \976\ Sec. 22(3) of the FA Act of 1973 amended subsec. (m), which 
formerly read as follows:
    ``(m) `Value' means, other than in section 657 of this Act--
    ``(1) with respect to excess defense articles, the gross cost 
incurred by the United States Government in repairing, rehabilitating, 
or modifying such articles;
    ``(2) with respect to nonexcess defense articles delivered from 
inventory to countries or international organizations under this Act, 
the standard price in effect at the time such articles are dropped from 
inventory by the supplying agency. Such standard price shall be the 
same price (including authorized reduced prices) used for transfers or 
sales of such articles in or between the Armed Forces of the United 
States Government, or, where such articles are not transferred or sold 
in or between the Armed Forces of the United States, the gross cost to 
the United States Government adjusted as appropriate for condition and 
market value; and
    ``(3) with respect to nonexcess defense articles delivered from new 
procurement to countries or international organizations under this Act, 
the contract or production costs of such articles.
    ``Military assistance programs and orders shall be based upon the 
best estimates of stock status and prevailing prices: reimbursements to 
the supplying agency shall be made on the basis of the stock status and 
prices determined pursuant to this section. Notwithstanding the 
foregoing provisions of this section, the Secretary of Defense may 
prescribe regulations authorizing reimbursements to the supplying 
agency based on negotiated prices for aircraft, vessels, plant 
equipment and such other major items as he may specify: Provided, That 
such articles are not excess at the time such prices are negotiated: 
Provided further, That such prices are negotiated at the time firm 
orders are placed with the supplying agency.''.
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          (1) 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 632(d) such actual value shall 
        not be taken into account;
          (2) with respect to a nonexcess defense article 
        delivered from inventory to foreign countries or 
        international organizations under this Act, the 
        acquisition cost to the United States Government, 
        adjusted as appropriate for condition and market value;
          (3) with respect to a nonexcess defense article 
        delivered from new procurement to foreign countries or 
        international organizations under this Act, the 
        contract or production costs of such article;
          (4) with respect to a defense service, the cost to 
        the United States Government of such service; and
          (5) \977\ with respect to military education and 
        training or services provided under chapter 8 of part 
        II of this Act, the additional costs that are incurred 
        by the United States Government in furnishing such 
        assistance.

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    \977\ Par. (5) was added by sec. 115(b)(1) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3140). The reference to chapter 8 of part II was added by the 
International Security and Development Assistance Authorizations Act of 
1983 (sec. 101(b)(2) of the Further Continuing Appropriations, 1984; 
Public Law 98-151; 97 Stat. 972). Pursuant to Public Law 98-151, this 
amendment was enacted as contained in title II of H.R. 2992, as 
reported by the House Committee on Foreign Affairs on May 17, 1983.
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    (n) \978\ ``Military education and training'' includes 
formal or informal instruction of foreign students in the 
United States or overseas by officers or employees of the 
United States, contract technicians, contractors (including 
instruction at civilian institutions), or by correspondence 
courses, technical, educational, or information publications 
and media of all kinds, training aids, orientation, and 
military advice to foreign military units and forces.

-----------------------------------------------------------------------
    \978\ Subsec. (n) was added by sec. 106(b) of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 733).
-----------------------------------------------------------------------

    (o) \979\ ``Agriculture'' includes aquaculture and 
fisheries.

-----------------------------------------------------------------------
    \979\ Subsecs. (o) and (p) were added by sec. 103(b) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 945).
-----------------------------------------------------------------------

    (p) \979\ ``Farmers'' includes fishermen and other persons 
employed in cultivating and harvesting food resources from salt 
and fresh waters.
    (q) \980\ ``Major non-NATO ally'' means a country which is 
designated in accordance with section 517 as a major non-NATO 
ally for purposes of this Act and the Arms Export Control Act 
(22 U.S.C. 2751 et seq.).

-----------------------------------------------------------------------
    \980\ Sec. 147(a)(2) of Public Law 104-164 (110 Stat. 1435) added 
subsec. (q).
-----------------------------------------------------------------------

    Sec. 645.\981\ Unexpended Balances.--Unexpended balances of 
funds made available pursuant to this Act, the Mutual Security 
Act of 1954, as amended, or the Latin American Development Act, 
as amended \982\ are hereby authorized to be continued 
available for the general purposes for which appropriated, and 
may at any time be consolidated, and, in addition, may be 
consolidated with appropriations made available for the same 
general purposes under the authority of this Act.

-----------------------------------------------------------------------
    \981\ 22 U.S.C. 2404. Sec. 304 of the FA Act of 1963 amended sec. 
645, which formerly read as follows: ``Unexpended balances of funds 
made available pursuant to this Act or the Mutual Security Act of 1954, 
as amended, are hereby authorized to be continued available for the 
general purposes for which appropriated, and may at any time be 
consolidated, and, in addition, may be consolidated with appropriations 
made available for the same general purposes under the authority of 
this Act.''.
    \982\ Sec. 303(c) of the FA Act of 1965 inserted ``the Latin 
American Development Act, as amended'' in lieu of ``Public Law 86-
735''.
-----------------------------------------------------------------------

    Sec. 646.\983\ Construction.--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.

-----------------------------------------------------------------------
    \983\ 22 U.S.C. 2405.
-----------------------------------------------------------------------

    Sec. 647.\984\ Dependable Fuel Supply.--It is of paramount 
importance that long-range economic plans take cognizance of 
the need for a dependable supply of fuels, which is necessary 
to orderly and stable development and growth, and that 
dependence not be placed upon sources which are inherently 
hostile to free countries and the ultimate well-being of 
economically underdeveloped countries and which might exploit 
such dependence for ultimate political domination. The agencies 
of government in the United States are directed to work with 
other countries in developing plans for basing development 
programs on the use of the large and stable supply of 
relatively low cost fuels available in the free world.

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    \984\ 22 U.S.C. 2406.
-----------------------------------------------------------------------

    Sec. 648.\985\ Special Authorization for Use of Foreign 
Currencies.--Subject to the provisions of section 1415 of the 
Supplemental Appropriation Act, 1953,\986\ the President is 
authorized, as a demonstration of good will on the part of the 
people of the United States for the Polish and Italian people, 
to use foreign currencies accruing to the United States 
Government under this or any other Act, for assistance on such 
terms and conditions as he may specify, in the repair, 
rehabilitation, improvement, and maintenance of cemeteries in 
Italy serving as the burial place of members of the armed 
forces of Poland who died in combat in Italy during World War 
II.

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    \985\ 22 U.S.C. 2407. Sec. 648 was added by sec. 303, of the FA Act 
of 1964.
    \986\ See 31 U.S.C. 1306.
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    Sec. 649.\987\ Limitation on Aggregate Authorization for 
Use in Fiscal Year 1966.--* * * [Repealed--1978]

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    \987\ Sec. 649, which had been added by the FA Act of 1965, was 
repealed by sec. 604 of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
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    Sec. 650.\988\ Use of United States Armed Forces.--The 
furnishing of economic, military, or other assistance under 
this Act shall not be construed as creating a new commitment or 
as affecting any existing commitment to use Armed Forces of the 
United States for the defense of any foreign country.

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    \988\ 22 U.S.C. 2409. Sec. 650 was added by sec. 302(b) of the FA 
Act of 1967.
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    Sec. 651.\989\ Sale of Supersonic Planes to Israel.-- * * * 
[Repealed--1978]

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    \989\ Sec. 651, as added by the FA Act of 1968, was repealed by 
sec. 604 of the International Development and Food Assistance Act of 
1978 (Public Law 95-424; 92 Stat. 961).
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    Sec. 652.\990\ Limitation Upon Exercise of Special 
Authorities.--The President shall not exercise any special 
authority granted to him under section 506(a), 552(c)(2),\991\ 
or 610(a) \992\ of this Act unless the President, before \993\ 
he intends to exercise any such authority, notifies the Speaker 
of the House of Representatives and the Committee on Foreign 
Relations of the Senate in writing of each such intended 
exercise, the section of this Act under which such authority is 
to be exercised, and the justification for, and the extent of, 
the exercise of such authority.

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    \990\ 22 U.S.C. 2411. Sec. 304(a)(1) of the FA Act of 1971 amended 
sec. 652, which had been added by sec. 8 of the Special Foreign 
Assistance Act of 1971. Sec. 652 formerly read as follows:
    ``Sec. 652. Limitation Upon Additional Assistance to Cambodia.--The 
President shall not exercise any special authority granted to him under 
sections 506(a) and 614(a) of this Act for the purpose of providing 
additional assistance to Cambodia, unless the President, at least 
thirty days prior to the date he intends to exercise any such authority 
on behalf of Cambodia (or ten days prior to such date if the President 
certifies in writing that an emergency exists requiring immediate 
assistance to Cambodia), notifies the Speaker of the House of 
Representatives and the Committee on Foreign Relations of the Senate in 
writing of each such intended exercise, the section of this Act under 
which such authority is to be exercised, and the justification for, and 
the extent of, the exercise of such authority.''.
    \991\ The reference to sec. 552(c)(2) was added by sec. 105(b)(2) 
of Public Law 99-83; 99 Stat. 196.
    \992\ A reference to sec. 614(a), which previously appeared at this 
point, was struck out by sec. 117(b) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3141).
    \993\ Sec. 103(c) of Public Law 104-164 (110 Stat. 1424) struck out 
``prior to the date'' and inserted in lieu thereof ``before''.
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    Sec. 653.\994\ Change in Allocation of Foreign 
Assistance.--(a) \995\ Not later than thirty days after the 
enactment of any law appropriating funds to carry out any 
provision of this Act (other than section 451 or 637) or the 
Arms Export Control Act,\996\ the President shall notify the 
Congress of each foreign country and international organization 
to which the United States Government intends to provide any 
portion of the funds under such law and of the amount of funds 
under that law, by category of assistance, that the United 
States Government intends to provide to each.\997\

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    \994\ 22 U.S.C. 2413. Sec. 653 was added by sec. 304(b) of the FA 
Act of 1971.
    \995\ The Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2393), 
in part provided the following:

                        ``economic support fund

    `` * * * Provided further, That for fiscal year 1998 such portions 
of the notification required under section 653 of the Foreign 
Assistance Act of 1961 that relate to the Middle East may be submitted 
to the Congress as soon as practicable, but no later than March 1, 
1998: * * *''.

        *        *        *        *        *        *        *        

                         Availability of Funds

    ``Sec. 511. * * * Provided further, That the report required by 
section 653(a) of the Foreign Assistance Act of 1961 shall designate 
for each country, to the extent known at the time of submission of such 
report, those funds allocated for cash disbursement for balance of 
payment and economic policy reform purposes.

        *        *        *        *        *        *        *        

             ``definition of program, project, and activity

    ``Sec. 521. For the purpose of this Act, `program, project, and 
activity' shall be defined at the appropriations Act account level and 
shall include all appropriations and authorizations Acts earmarks, 
ceilings, and limitations with the exception that for the following 
accounts: Economic Support Fund and Foreign Military Financing Program, 
`program, project, and activity' shall also be considered to include 
country, regional, and central program level funding within each such 
account; for the development assistance accounts of the Agency for 
International Development `program, project, and activity' shall also 
be considered to include central program level funding, either as: (1) 
justified to the Congress; or (2) allocated by the executive branch in 
accordance with a report, to be provided to the Committees on 
Appropriations within 30 days of enactment of this Act, as required by 
section 653(a) of the Foreign Assistance Act of 1961.

        *        *        *        *        *        *        *        

    ``withholding assistance to countries violating united nations 
                        sanctions against libya

    ``Sec. 582. (a) Withholding of Assistance.--Except as provided in 
subsection (b), whenever the President determines and certifies to 
Congress that the government of any country is violating any sanction 
against Libya imposed pursuant to United Nations Security Council 
Resolution 731, 748, or 883, then not less than 5 percent of the funds 
allocated for the country under section 653(a) of the Foreign 
Assistance Act of 1961 out of appropriations in this Act shall be 
withheld from obligation and expenditure for that country.
    ``(b) Exception.--The requirement to withhold funds under 
subsection (a) shall not apply to funds appropriated in this Act for 
allocation under section 653(a) of the Foreign Assistance Act of 1961 
for development assistance or for humanitarian assistance.
    ``(c) Waiver.--Funds may be provided for a country without regard 
to subsection (a) if the President determines that to do so is in the 
national security interest of the United States.''.
    \996\ This reference to the Arms Export Control Act was added by 
sec. 1209(b)(1) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279).
    \997\ Sec. 21(1) of the FA Act of 1974 struck the balance of 
subsection (a) at this point. The stricken part read as follows: 
``Notwithstanding any other provision of law the United States 
Government shall not provide to any foreign country or international 
organization any funds under that law which exceeds by 10 per centum 
the amount of military grant assistance or security supporting 
assistance, as the case may be, which the President notified the 
Congress that the United States Government intended to provide that 
country or organization under that law, unless the President (1) 
determines that it is in the security interests of the United States 
that such country or organization receive funds in excess of the amount 
included in such notification for that country or organization, and (2) 
reports to Congress at least ten days prior to the date on which such 
excess funds are to be provided to that country or organization, each 
such determination, including the name of the country or organization 
to receive funds in excess of such per centum, the amount of funds in 
excess of that per centum which are to be provided, and the 
justification for providing the additional assistance.''.
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    (b) \998\ The provisions of this section shall not apply in 
the case of any law making continuing appropriations and may 
not be waived under the provisions of section 614(a) of this 
Act.

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    \998\ Sec. 1209(b)(3) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279) redesignated 
this former subsec. (c) as subsec. (b), and struck out the former 
subsec. (b) which read as follows:
    ``(b) Notwithstanding any other provision of law, no military grant 
assistance, assistance under chapter 4 of part II of this Act, 
assistance under chapter 1 of part I of this Act, or assistance under 
chapter 6 of part II of this Act, may be furnished to any country or 
international organization in any fiscal year, if such assistance 
exceeds by 10 percent or more the amount of such military grant 
assistance, under chapter 4 of part II of this Act, assistance under 
chapter 1 of part I of this Act, or assistance under chapter 6 of part 
II of this Act, as the case may be, set forth in the report required by 
subsection (a) of this section, unless--
          ``(1) the President reports to the Congress, at least ten 
        days prior to the date on which such excess funds are provided, 
        the country or organization to be provided the excess funds, 
        the amount and category of the excess funds, and the 
        justification for providing the excess funds; and
          ``(2) in the case of military grant assistance or assistance 
        under chapter 4 of part II of this Act or assistance under 
        chapter 6 of part II, the President includes in the report 
        under paragraph (1) his determination that it is in the 
        security interest of the United States to provide the excess 
        funds.
This subsection shall not apply if the excess funds provided in any 
fiscal year to any country or international organization for any 
category of assistance are less than $1,000,000.''.
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    Sec. 654.\999\ Presidential Findings and Determinations.--
(a) In any case in which the President is required to make a 
report to the Congress, or to any committee or officer of 
either House of Congress, concerning any finding or 
determination under any provision of this Act, the Foreign 
Military Sales Act, or the Foreign Assistance and Related 
Programs Appropriation Act for each fiscal year, that finding 
or determination shall be reduced to writing and signed by the 
President.

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    \999\ 22 U.S.C. 2414. Sec. 654 was added by sec. 304(b) of the FA 
Act of 1971.
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    (b) No action shall be taken pursuant to any such finding 
or determination prior to the date on which that finding or 
determination has been reduced to writing and signed by the 
President.
    (c) 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) 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 
Foreign Military Sales Act, or the Foreign Assistance and 
Related Programs Appropriation Act for each fiscal year, even 
though such report has not yet been transmitted to the 
appropriate committee or officer of either House of Congress.

SEC. 655.\1000\ ANNUAL MILITARY ASSISTANCE REPORT.

    (a) Report Required.--Not later than February 1 of each 
year, the President shall transmit to the Congress an annual 
report for the fiscal year ending the previous September 30.

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    \1000\ 22 U.S.C. 2415. Sec. 1324(c) of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 
481) added a new sec. 655, requiring an annual report on military 
assistance, military exports, and military imports for each of 1996 and 
1997. Sec. 148 of Public Law 104-164 (110 Stat. 1435) amended and 
restated sec. 655, requiring a report annually for each fiscal year.
    An earlier sec. 655--Limitations Upon Assistance to or for 
Cambodia--was added by the FA Act of 1971, and was repealed by sec. 604 
of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 961).
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    (b) Information Relating to Military Assistance and 
Military Exports.--Each such report shall show the aggregate 
dollar value and quantity of defense articles (including excess 
defense articles), defense services, and international military 
education and training authorized by the United States, 
excluding that which is pursuant to activities reportable under 
title V of the National Security Act of 1947, to each foreign 
country and international organization. The report shall 
specify, by category, whether such defense articles--
          (1) were furnished by grant under chapter 2 or 
        chapter 5 of part II of this Act or under any other 
        authority of law or by sale under chapter 2 of the Arms 
        Export Control Act; or
          (2) were licensed for export under section 38 of the 
        Arms Export Control Act.
    (c) Information Relating to Military Imports.--Each such 
report shall also include the total amount of military items 
manufactured outside the United States that were imported into 
the United States during the fiscal year covered by the report. 
For each country of origin the report shall show the type of 
item being imported and the total amount of the items.
    Sec. 656.\1001\ Limitations on United States Personnel and 
Personnel Assisted by United States in Cambodia.--* * * 
[Repealed--1978]

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    \1001\ Sec. 656, as added by Public Law 92-226 (86 Stat. 20), was 
repealed by sec. 604 of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
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    Sec. 657.\1002\ Annual Report on Military Assistance and 
Military Exports.--* * * [Repealed--1981]

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    \1002\ Sec. 657, as added by the FA Act of 1971, was repealed by 
sec. 502(d)(1) of the International Development and Food Assistance Act 
of 1978 (Public Law 95-424; 92 Stat. 959). Subsequently, sec. 14 of the 
International Security Assistance Act of 1978 (Public Law 95-384; 92 
Stat. 739) added a new sec. 657. Sec. 657 was again repealed by sec. 
734(a)(1) of the International Security and Development Cooperation Act 
of 1981 (Public Law 97-113; 95 Stat. 1560). Some of the information 
previously required annually under sec. 657 on military assistance and 
military exports is now required by sec. 634(a)(10) of this Act and 
sec. 25(a) of the Arms Export Control Act.
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    Sec. 658.\1003\ Limitations on Use of Funds.--* * * 
[Repealed--1978]

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    \1003\ Sec. 658, as added by the FA Act of 1971, was repealed by 
sec. 604 of the International Development and Food Assistance Act of 
1978 (Public Law 95-424; 92 Stat. 961).
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    Sec. 659.\1004\ Access to Certain Military Bases Abroad.--* 
* * [Repealed--1981]

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    \1004\ Sec. 659, as added by sec. 20(a) of the FA Act of 1974, was 
repealed by sec. 734(a)(1) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). 
It formerly read as follows:
    ``Sec. 659. Access to Certain Military Bases Abroad.--None of the 
funds authorized to be appropriated for foreign assistance (including 
foreign military sales, credit sales, and guaranties) under this Act 
may be used to provide any kind of assistance to any foreign country in 
which a military base is located if--
    ``(1) such base was constructed or is being maintained or operated 
with funds furnished by the United States;
    ``(2) personnel of the United States carry out military operations 
from such base; and
    ``(3) unless and until the President has determined that the 
government of such country has, consistent with security, authorized 
access, on a regular basis, to bona fide news media correspondents of 
the United States to such military base.''.
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    Sec. 660.\1005\ Prohibiting Police Training.--(a) On and 
after July 1, 1975, none of the funds made available to carry 
out this Act, and none of the local currencies generated under 
this Act, shall be used to provide training or advice, or 
provide any financial support, for police, prisons, or other 
law enforcement forces for any foreign government or any 
program of internal intelligence or surveillance on behalf of 
any foreign government within the United States or abroad.

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    \1005\ 22 U.S.C. 2420. Sec. 660 was added by sec. 30(a) of the FA 
Act of 1974.
    Sec. 541 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2418), 
provided the following:

                      ``anti-narcotics activities

    ``Sec. 541. (a) Of the funds appropriated or otherwise made 
available by this Act for `Economic Support Fund', assistance may be 
provided to strengthen the administration of justice in countries in 
Latin America and the Caribbean and in other regions consistent with 
the provisions of section 534(b) of the Foreign Assistance Act of 1961, 
except that programs to enhance protection of participants in judicial 
cases may be conducted notwithstanding section 660 of that Act.
    ``(b) Funds made available pursuant to this section may be made 
available notwithstanding section 534(c) and the second and third 
sentences of section 534(e) of the Foreign Assistance Act of 1961. 
Funds made available pursuant to subsection (a) for Bolivia, Colombia, 
and Peru may be made available notwithstanding section 534(c) and the 
second sentence of section 534(e) of the Foreign Assistance Act of 
1961.''.
    Sec. 104 of the International Narcotics Control Corrections Act of 
1994 (Public Law 103-447; 108 Stat. 4691; 22 U.S.C. 2420 note) provided 
the following exemption:
    ``sec. 104. exemption of narcotics-related military assistance for 
fiscal year 1995 from prohibition on assistance for law enforcement 
agencies.
    ``(a) Exemption.--For fiscal year 1995, section 660 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2420) shall not apply with respect 
to--
          ``(1) transfers of excess defense articles under section 517 
        of that Act (22 U.S.C. 2321k);
          ``(2) funds made available for the `Foreign Military 
        Financing Program' under section 23 of the Arms Export Control 
        Act (22 U.S.C. 2763) that are used for assistance provided for 
        narcotics-related purposes; or
          ``(3) international military education and training under 
        chapter 5 of part II of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2347 and following) that is provided for narcotics-
        related purposes.
    ``(b) Notification to Congress.--At least 15 days before any 
transfer under subsection (a)(1) or any obligation of funds under 
subsection (a)(2) or (a)(3), the President shall notify the appropriate 
congressional committees (as defined in section 481(e) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291(e)) in accordance with the 
procedures applicable to reprogramming notifications under section 634A 
of that Act (22 U.S.C. 2394).
    ``(c) Coordination With International Narcotics Control Assistance 
Program.--Assistance provided pursuant to this section shall be 
coordinated with international narcotics control assistance under 
chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291 et seq.).''.
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    (b) Subsection (a) of this section shall not apply--
          (1) with respect to assistance rendered under section 
        515(c) of the Omnibus Crime Control and Safe Streets 
        Act of 1968 \1006\ with respect to any authority of the 
        Drug Enforcement Administration or the Federal Bureau 
        of Investigation which relates to crimes of the nature 
        which are unlawful under the laws of the United States, 
        or with respect to assistance authorized under section 
        482 of this Act;

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    \1006\ Public Law 90-351 (82 Stat. 197), approved June 19, 1968. 
Such sec. 515(c) was redesignated as sec. 515(b) by sec. 124 of Public 
Law 94-503.
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          (2) to any contract entered into prior to the date of 
        enactment of this section with any person, 
        organization, or agency of the United States Government 
        to provide personnel to conduct, or assist in 
        conducting, any such program;
          (3) \1007\ with respect to assistance, including 
        training, in maritime law enforcement and other 
        maritime skills; \1008\

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    \1007\ Clause (3) was added by sec. 127(b) by Public Law 99-83 (99 
Stat. 205).
    \1008\ Sec. 540A(d) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 737), struck out ``; or'' at the end of para. (3); added ``; or'' 
at the end of para. (4), and added new paras. (5) and (6).
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          (4) \1009\ with respect to assistance provided to 
        police forces in connection with their participation in 
        the regional security system of the Eastern Caribbean 
        states; or \1008\

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    \1009\ Sec. 594 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2060), added paragraph (4).
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          (5) \1008\ with respect to assistance, including 
        training, relating to sanctions monitoring and 
        enforcement;
          (6) \1008\ with respect to assistance provided to 
        reconstitute civilian police authority and capability 
        in the post-conflict restoration of host nation 
        infrastructure for the purposes of supporting a nation 
        emerging from instability, and the provision of 
        professional public safety training, to include 
        training in internationally recognized standards of 
        human rights, the rule of law, anti-corruption, and the 
        promotion of civilian police roles that support 
        democracy.
Notwithstanding clause (2), subsection (a) shall apply to any 
renewal or extension of any contract referred to in such 
paragraph entered into on or after such date of enactment.
    (c) \1010\ Subsection (a) shall not apply with respect to a 
country which has a longstanding democratic tradition, does not 
have standing armed forces, and does not engage in a consistent 
pattern of gross violations of internationally recognized human 
rights.

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    \1010\ Subsecs. (c) and (d) were added by sec. 711 of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 244).
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    (d) \1010\, \1011\ Notwithstanding the 
prohibition contained in subsection (a), assistance may be 
provided to Honduras or El Salvador for fiscal years 1986 and 
1987 if, at least 30 days before providing assistance, the 
President notifies the Committee on Foreign Affairs \1012\ of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate, in accordance with the procedures 
applicable to reprogramming notifications pursuant to section 
634A of this Act, that he has determined that the government of 
the recipient country has made significant progress, during the 
preceding six months, in eliminating any human rights 
violations including torture, incommunicado detention, 
detention of persons solely for the non-violent expression of 
their political views, or prolonged detention without trial. 
Any such notification shall include a full description of the 
assistance which is proposed to be provided and of the purposes 
to which it is to be directed.

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    \1011\ See Presidential Determination No. 86-2 of October 29, 1985 
(50 F.R. 48073), in which the President delegated authority to the 
Secretary of State to provide any future report required by sec. 
660(d).
    \1012\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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SEC. 661.\1013\ TRADE AND DEVELOPMENT AGENCY.

  (a) Purpose.--The Trade and Development Agency shall be an 
agency of the United States under the foreign policy guidance 
of the Secretary of State. The purpose of the Trade and 
Development Agency is to promote United States private sector 
participation in development projects in developing and middle-
income countries.

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    \1013\ 22 U.S.C. 2421. Sec. 201 of the Jobs Through Exports Act of 
1992 (Public Law 102-549; 106 Stat. 3655) amended and restated sec. 
661. It was originally added by sec. 31 of the FA Act of 1974, as 
``Reimbursable Development Programs''.
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  (b) Authority To Provide Assistance.--
          (1) Authority.--The Director of the Trade and 
        Development Agency is authorized to work with foreign 
        countries, including those in which the United States 
        development programs have been concluded or those not 
        receiving assistance under part I, to carry out the 
        purpose of this section by providing funds for 
        feasibility studies, architectural and engineering 
        design, and other activities related to development 
        projects which provide opportunities for the use of 
        United States exports.
          (2) Use of funds.--Funds under this section may be 
        used to provide support for feasibility studies for the 
        planning, development, and management of, and 
        procurement for, bilateral and multilateral development 
        projects, including training activities undertaken in 
        connection with a project, for the purpose of promoting 
        the use of United States goods and services in such 
        projects. Funds under this section may also be used for 
        architectural and engineering design, including--
                  (A) concept design, which establishes the 
                basic technical and operational criteria for a 
                project, such as architectural drawings for a 
                proposed facility, evaluation of site 
                constraints, procurement requirements, and 
                equipment specifications; and
                  (B) detail design, which sets forth specific 
                dimensions and criteria for structural, 
                mechanical, electrical, and architectural 
                operations, and identifies other resources 
                required for project operations.
          (3) Information dissemination.--(A) The Trade and 
        Development Agency shall disseminate information about 
        its project activities to the private sector.
          (B) Other agencies of the United States Government 
        shall cooperate with the Trade and Development Agency 
        in order for the Agency to provide more effectively 
        informational services to persons in the private sector 
        concerning trade development and export promotion 
        related to development projects.
          (4) Nonapplicability of other provisions.--Any funds 
        used for purposes of this section may be used 
        notwithstanding any other provision of law.
  (c) Director and Personnel.--
          (1) Director.--There shall be at the head of the 
        Trade and Development Agency a Director who shall be 
        appointed by the President, by and with the advice and 
        consent of the Senate.
          (2) Officers and employees.--(A) The Director may 
        appoint such officers and employees of the Trade and 
        Development Agency as the Director considers 
        appropriate.
          (B) The officers and employees appointed under this 
        paragraph shall have such functions as the Director may 
        determine.
          (C) Of the officers and employees appointed under 
        this paragraph, 2 may be appointed without regard to 
        the provisions of title 5, United States Code, 
        governing appointments in the competitive service, and 
        may be compensated without regard to the provisions of 
        chapter 51 or subchapter III of chapter 53 of such 
        title.
          (D) Under such regulations as the President may 
        prescribe, any individual appointed under subparagraph 
        (C) may be entitled, upon removal (except for cause) 
        from the position to which the appointment was made, to 
        reinstatement to the position occupied by that 
        individual at the time of appointment or to a position 
        of comparable grade and pay.
  (d) Annual Report.--The President shall, not later than 
December 31 of each year, submit to the Committee on Foreign 
Affairs \1014\ of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report on the 
activities of the Trade and Development Agency in the preceding 
fiscal year.

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    \1014\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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  (e) Audits.--
          (1) In general.--The Trade and Development Agency 
        shall be subject to the provisions of chapter 35 of 
        title 31, United States Code, except as otherwise 
        provided in this section.
          (2) Independent audit.--An independent certified 
        public accountant shall perform a financial and 
        compliance audit of the financial statements of the 
        Trade and Development Agency each year, in accordance 
        with generally accepted Government auditing standards 
        for a financial and compliance audit, taking into 
        consideration any standards recommended by the 
        Comptroller General. The independent certified public 
        accountant shall report the results of such audit to 
        the Director of the Trade and Development Agency. The 
        financial statements of the Trade and Development 
        Agency shall be presented in accordance with generally 
        accepted accounting principles. These financial 
        statements and the report of the accountant shall be 
        included in a report which contains, to the extent 
        applicable, the information identified in section 3512 
        of title 31, United States Code, and which the Trade 
        and Development Agency shall submit to the Congress not 
        later than 6\1/2\ months after the end of the last 
        fiscal year covered by the audit. The Comptroller 
        General may review the audit conducted by the 
        accountant and the report to the Congress in the manner 
        and at such times as the Comptroller General considers 
        necessary.
          (3) Audit by comptroller general.--In lieu of the 
        financial and compliance audit required by paragraph 
        (2), the Comptroller General shall, if the Comptroller 
        General considers it necessary or upon the request of 
        the Congress, audit the financial statements of the 
        Trade and Development Agency in the manner provided in 
        paragraph (2).
          (4) Availability of information.--All books, 
        accounts, financial records, reports, files, 
        workpapers, and property belonging to or in use by the 
        Trade and Development Agency and the accountant who 
        conducts the audit under paragraph (2), which are 
        necessary for purposes of this subsection, shall be 
        made available to the representatives of the General 
        Accounting Office designated by the Comptroller 
        General.
  (f) Funding.--
          (1) \1015\ Authorization.--(A) There are authorized 
        to be appropriated for purposes of this section, in 
        addition to funds otherwise available for such 
        purposes, $77,000,000 for fiscal year 1995 and such 
        sums as are necessary for fiscal year 1996.

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    \1015\ Sec. 201 of the Jobs Through Trade Expansion Act of 1994 
(Public Law 103-392; 108 Stat. 4099) amended and restated para. (1) of 
subsec. (f), adding subpara. designations (A) and (B), and stating 
authorization levels for fiscal years 1995 and 1996.
    Authorizations under this section in recent years include: fiscal 
year 1977--$2,000,000; fiscal year 1978--$2,000,000; fiscal year 1979--
$3,000,000; fiscal year 1980--$3,800,000; fiscal year 1981--$4,000,000; 
fiscal year 1982--$6,907,000; fiscal year 1983--$6,907,000; fiscal year 
1984--$22,000,000; fiscal year 1985--no authorization; fiscal year 
1986--$20,000,000; fiscal year 1987--$20,000,000; fiscal year 1988--no 
authorization; fiscal year 1989--no authorization; fiscal year 1990--no 
authorization; fiscal year 1991--no authorization; fiscal year 1992--no 
authorization; fiscal year 1993--$55,000,000; fiscal year 1994--
$65,000,000; fiscal year 1997--$65,000,000.
    Title I of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2388), 
provided the following:

                     ``trade and development agency

    ``For necessary expenses to carry out the provisions of section 661 
of the Foreign Assistance Act of 1961, $41,500,000, to remain available 
until September 30, 1999: Provided, That the Trade and Development 
Agency may receive reimbursements from corporations and other entities 
for the costs of grants for feasibility studies and other project 
planning services, to be deposited as an offsetting collection to this 
account and to be available for obligation until September 30, 1999, 
for necessary expenses under this paragraph: Provided further, That 
such reimbursements shall not cover, or be allocated against, direct or 
indirect administrative costs of the agency.''.
    Sec. 902(a)(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 83) suspended any 
obligation of funds for new programs under the Trade and Development 
Agency to the People's Republic of China until the President reported 
to the Congress under subsec. (b) of that sec. that China had made 
certain political reforms, or that such assistance was in the national 
interest of the United States. For text of sec. 902, see Legislation on 
Foreign Relations Through 1997, vol. II, sec. D.
    See also the South African Democratic Transition Support Act of 
1993 (Public Law 103-149; 107 Stat. 1503), sec. 6(c) of which called on 
the Director of the Trade and Development Agency to provide additional 
funds for activities related to projects in South Africa, in 
Legislation on Foreign Relations Through 1997, vol. III.
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          (B) Amounts appropriated pursuant to the 
        authorization of appropriations under subparagraph (A) 
        are authorized to remain available until expended.
          (2) Funding for technical assistance grants by 
        multilateral development banks.--(A) The Trade and 
        Development Agency should, in fiscal years 1993 and 
        1994, substantially increase the amount of funds it 
        provides to multilateral development banks for 
        technical assistance grants.
          (B) As used in subparagraph (A)--
                  (i) the term ``technical assistance grants'' 
                means funding by multilateral development banks 
                of services from the United States in 
                connection with projects and programs supported 
                by such banks, including, but not limited to, 
                engineering, design, and consulting services; 
                and
                  (ii) the term ``multilateral development 
                bank'' has the meaning given that term in 
                section 1701(c) of the International Financial 
                Institutions Act.
    Sec. 662.\1016\ Limitation on Intelligence Activities.--* * 
* [Repealed--1991]

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    \1016\ Formerly 22 U.S.C. 2422. Sec. 601 of the Intelligence 
Authorization Act, Fiscal Year 1991 (Public Law 102-88; 105 Stat. 441), 
repealed sec. 662. The section, added by sec. 32 of the FA Act of 1974, 
had provided the following prohibition:
    ``Sec. 662. Limitation on Intelligence Activities.--No funds 
appropriated under the authority of this or any other Act may be 
expended by or on behalf of the Central Intelligence Agency for 
operations in foreign countries, other than activities intended solely 
for obtaining necessary intelligence, unless and until the President 
finds that each such operation is important to the national security of 
the United States. Each such operation shall be considered a 
significant anticipated intelligence activity for the purpose of 
section 501 of the National Security Act of 1947.''.
    Public Law 102-88 also amended and restated the relevant sections 
of the National Security Act of 1947 (50 U.S.C. 413 et seq.); see 
Legislation on Foreign Relations Through 1997, vol. IV.
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    Sec. 663.\1017\ Exchanges of Certain Materials.--(a) 
Notwithstanding any other provision of law, whenever the 
President determines it is in the United States national 
interest, he shall furnish assistance under this Act or shall 
furnish defense articles or services under the Foreign Military 
Sales Act pursuant to an agreement with the recipient of such 
assistance, articles, or services which provides that such 
recipient may only obtain such assistance, articles, or 
services in exchange for any necessary or strategic raw 
material controlled by such recipient. For the purposes of this 
section, the term ``necessary or strategic raw material'' 
includes petroleum, other fossil fuels, metals, minerals, or 
any other natural substance which the President determines is 
in short supply in the United States.

-----------------------------------------------------------------------
    \1017\ 22 U.S.C. 2423. Sec. 663 was added by sec. 32 of the FA Act 
of 1974.
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    (b) The President shall allocate any necessary or strategic 
raw material transferred to the United States under this 
section to any appropriate agency of the United States 
Government for stockpiling, sale, transfer, disposal, or any 
other purpose authorized by law.
    (c) Funds received from any disposal of materials under 
subsection (b) shall be deposited as miscellaneous receipts in 
the United States Treasury.
    Sec. 664.\1018\ Waiver of Prohibition Against Assistance to 
Countries Engaging in Certain Trade.--* * * [Repealed--1977]

-----------------------------------------------------------------------
    \1018\ 22 U.S.C. 2424. Sec. 664, as added by sec. 33 of the FA Act 
of 1974, was repealed by sec. 123(c) of the International Development 
and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541). It 
formerly read as follows:
    ``Sec. 664. Waiver of Prohibition Against Assistance to Countries 
Engaging in Certain Trade.--Any provision of this Act which prohibits 
assistance to a country because that country is engaging in trade with 
a designated country, or because that country permits ships or aircraft 
under its registry to transport any equipment, materials, or 
commodities to or from such designated country, may be waived by the 
President if he determines that such waiver is in the national interest 
and reports such determination to the Congress.''.
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    Sec. 665.\1019\ Transition Provisions for Interim 
Quarter.--* * * [Repealed--1978]

-----------------------------------------------------------------------
    \1019\ Sec. 665, as added by Public Law 94-161 (89 Stat. 849), was 
repealed by sec. 604 of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
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    Sec. 666.\1020\ Discrimination Against United States 
Personnel.--(a) The President shall not take into account, in 
assigning officers and employees of the United States to carry 
out any economic development assistance programs funded under 
this Act in any foreign country, the race, religion, national 
origin, or sex of any such officer or employee. Such 
assignments shall be made solely on the basis of ability and 
relevant experience.

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    \1020\ 22 U.S.C. 2426. Sec. 666 was added by sec. 318 of Public Law 
94-161 (89 Stat. 849).
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    (b) Effective six months after the date of enactment of the 
International Development and Food Assistance Act of 1975, or 
on such earlier date as the President may determine, none of 
the funds made available under this Act may be used to provide 
economic development assistance to any country which objects to 
the presence of any officer or employee of the United States 
who is present in such country for the purpose of carrying out 
any program of economic development assistance authorized by 
the provisions of this Act on the basis of the race, religion, 
national origin, or sex of such officer or employee.
    (c) The Secretary of State shall promulgate such rules and 
regulations as he may deem necessary to carry out the 
provisions of this section.
    Sec. 667.\1021\ Operating Expenses.--(a) There are 
authorized to be appropriated to the President, in addition to 
funds otherwise available for such purposes--

-----------------------------------------------------------------------
    \1021\ 22 U.S.C. 2427. Sec. 667, as added by sec. 319 of Public Law 
94-161 (89 Stat. 849), was amended and restated by sec. 129(a) of the 
International Development and Food Assistance Act of 1977 (Public Law 
95-88; 91 Stat. 543).
    In a memorandum of August 20, 1997 (62 F.R. 44879), the President 
``hereby determine[d] that it is necessary for the purposes of the 
[Foreign Assistance] Act [of 1961] that $17.5 million appropriated for 
fiscal year 1997 to carry out chapter 1 of part I of the Act be 
transferred to, and consolidated with, appropriations made to carry out 
section 667(a) of the Act. I hereby authorize such transfer and 
consolidation.''.
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          (1) $387,000,000 for the fiscal year 1986 and 
        $387,000,000 for the fiscal year 1987 \1022\ for 
        necessary operating expenses of the agency primarily 
        responsible for administering part I of this Act,\1023\ 
        of which $21,750,000 for the fiscal year 1987 is 
        authorized for the necessary operating expenses of the 
        Office of the Inspector General of the Agency for 
        International Development \1022\ and the remaining 
        amount for the fiscal year is authorized for other 
        necessary operating expenses of that agency and

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    \1022\ The authorization figures for fiscal years 1986 and 1987 
were added by sec. 406 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 219). 
Authorizations under this section during recent years include: fiscal 
year 1979--$261,000,000; fiscal year 1980--$263,000,000; fiscal year 
1981--$293,800,000; fiscal year 1982--$335,600,000; fiscal year 1983--
$335,600,000; fiscal year 1984--$370,000,000; fiscal year 1985--no 
authorization; fiscal year 1988--no authorization; fiscal year 1989--no 
authorization; fiscal year 1990--no authorization; fiscal year 1991--no 
authorization; fiscal year 1992--no authorization; fiscal year 1993--no 
authorization; fiscal year 1994--no authorization; fiscal year 1995--no 
authorization; fiscal year 1996--no authorization; fiscal year 1997--no 
authorization.
    Congress did not enact an authorization for fiscal year 1998. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118), waived the requirements 
for authorization, and title II of that Act (111 Stat. 2392) provided 
the following:

    ``operating expenses of the agency for international development

    ``For necessary expenses to carry out the provisions of section 
667, $473,000,000: Provided, That none of the funds appropriated by 
this Act for programs administered by the Agency for International 
Development may be used to finance printing costs of any report or 
study (except feasibility, design, or evaluation reports or studies) in 
excess of $25,000 without the approval of the Administrator of the 
Agency or the Administrator's designee.

``operating expenses of the agency for international development office 
                          of inspector general

    ``For necessary expenses to carry out the provisions of section 
667, $29,047,000, to remain available until September 30, 1999, which 
sum shall be available for the Office of the Inspector General of the 
Agency for International Development.''.
    \1023\ The words following ``Act'' were added by sec. 402 of Public 
Law 99-529 (100 Stat. 3010).
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          (2) such amounts as may be necessary for increases in 
        salary, pay, retirement, and other employee benefits 
        authorized by law, and for other nondiscretionary costs 
        of such agency.
    (b) Amounts appropriated under this section are authorized 
to remain available until expended.
    Sec. 668.\1024\ Report on Korea.--* * * [Repealed--1981]

-----------------------------------------------------------------------
    \1024\ Sec. 668, as added by sec. 411 of Public Law 94-329 (90 
Stat. 760), was repealed by sec. 734(a)(1) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1560). This report, which had been required on an annual basis, 
1976-81, included information on progress made by Korea to modernize 
its armed forces, on the U.S. role in mutual security efforts in Korea, 
and on prospects for or implementation of phased reduction of U.S. 
Armed Forces assigned to duty in Korea. Similar information is now 
required under sec. 25(a)(9) of the Arms Export Control Act.
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    Sec. 669.\1025\ Nuclear Enrichment Transfers.--* * * 
[Repealed--1994]

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    \1025\ Formerly at 22 U.S.C. 2429. Sec. 669, was added by sec. 305 
of Public Law 94-329, amended and restated by sec. 12 of the 
International Security Assistance Act of 1977 (Public Law 95-92; 91 
Stat. 620), further amended by secs. 10(b)(4) and 12 of the 
International Security Assistance Act of 1978 (Public Law 95-384; 92 
Stat. 735, 737); further amended by sec. 737(b) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1562);
    Secs. 669 and 670 were repealed by sec. 826(b) of the Nuclear 
Proliferation Prevention Act of 1994 (title VIII of the Foreign 
Relations Authorization Act; Public Law 103-236; 108 Stat. 519), after 
section 826(a) of that Act enacted two new sections into the Arms 
Export Control Act (secs. 101 and 102; at 22 U.S.C. 2799aa and 2799aa-
1) to state nuclear nonproliferation controls.
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    Sec. 670.\1025\, \1026\ Nuclear Reprocessing 
Transfers, Illegal Exports for Nuclear Explosive Devices, 
Transfers of Nuclear Explosive Devices, and Nuclear 
Detonations.--* * * [Repealed--1994]

-----------------------------------------------------------------------
    \1026\ Formerly at 22 U.S.C. 2429a. Sec. 670 was added by sec. 12 
of Public Law 95-92 (91 Stat. 620); amended and restated by sec. 737(c) 
of the International Security and Development Cooperation Act of 1981 
(Public Law 97-113; 95 Stat. 1562); and further amended by sec. 1204 of 
the International Security and Development Cooperation Act of 1985 
(Public Law 99-83; 99 Stat. 277).
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    Sec. 671.\1027\ Notification of Program Changes.--* * * 
[Redesignated--1978]

-----------------------------------------------------------------------
    \1027\ Sec. 671, as added by Public Law 95-88 (91 Stat. 543), was 
redesignated as sec. 634A of this Act by sec. 502(b) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 959).
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         PART IV--ENTERPRISE FOR THE AMERICAS INITIATIVE \1028\

SEC. 701.\1029\ PURPOSE.

    The purpose of this part is to encourage and support 
improvement in the lives of the people of Latin America and the 
Caribbean through market-oriented reforms and economic growth 
with interrelated actions to promote debt reduction, investment 
reforms, community based conservation, and sustainable use of 
the environment, and child survival and child development. The 
Facility will support these objectives through administration 
of debt reduction operations under this part for those 
countries with democratically elected governments that meet 
investment reforms and other policy conditions.

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    \1028\ Sec. 602(a) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3664) added Part IV--Enterprise for the Americas 
Initiative, secs. 701-710. Formerly, Part IV, which related to 
amendments to other laws, was repealed by sec. 401 of the FA Act of 
1962.
    \1029\ 22 U.S.C. 2430.
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SEC. 702.\1030\ DEFINITIONS.

    For purposes of this part--

-----------------------------------------------------------------------
    \1030\ 22 U.S.C. 2430a.
-----------------------------------------------------------------------

          (1) the term ``administering body'' means the entity 
        provided for in section 708(c);
          (2) the term ``Americas Framework Agreement'' means 
        an Americas Framework Agreement provided for in section 
        708;
          (3) the term ``Americas Fund'' means an Enterprise 
        for the Americas Fund provided for in section 707(a);
          (4) the term ``appropriate congressional committees'' 
        means the Committee on Foreign Affairs \1031\ and the 
        Committee on Appropriations of the House of 
        Representatives and the Committee on Foreign Relations 
        and the Committee on Appropriations of the Senate;

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    \1031\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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          (5) the term ``beneficiary country'' means an 
        eligible country with respect to which the authority of 
        section 704(a)(1) is exercised;
          (6) the term ``eligible country'' means a country 
        designated by the President in accordance with section 
        703;
          (7) the term ``Enterprise for the Americas Board'' or 
        ``Board'' means the board established by section 610 of 
        the Agricultural Trade Development and Assistance Act 
        of 1954; and
          (8) the term ``Facility'' means the Enterprise for 
        the Americas Facility established in the Department of 
        the Treasury by section 601 of that Act.

SEC. 703.\1032\ ELIGIBILITY FOR BENEFITS.

  (a) Requirements.--To be eligible for benefits from the 
Facility under this part, a country must be a Latin American or 
Caribbean country--

-----------------------------------------------------------------------
    \1032\ 22 U.S.C. 2430b.
-----------------------------------------------------------------------

          (1) whose government is democratically elected;
          (2) whose government has not repeatedly provided 
        support for acts of international terrorism;
          (3) whose government is not failing to cooperate on 
        international narcotics control matters;
          (4) whose government (including its military or other 
        security forces) does not engage in a consistent 
        pattern of gross violations of internationally 
        recognized human rights;
          (5) that has in effect, has received approval for, 
        or, as appropriate in exceptional circumstances, is 
        making significant progress toward--
                  (A) an International Monetary Fund standby 
                arrangement, extended Fund arrangement, or an 
                arrangement under the structural adjustment 
                facility or enhanced structural adjustment 
                facility, or in exceptional circumstances, a 
                Fund monitored program or its equivalent, 
                unless the President determines (after 
                consultation with the Enterprise for the 
                Americas Board) that such an arrangement or 
                program (or its equivalent) could reasonably be 
                expected to have significant adverse social or 
                environmental effects; and
                  (B) as appropriate, structural or sectoral 
                adjustment loans from the International Bank 
                for Reconstruction and Development or the 
                International Development Association, unless 
                the President determines (after consultation 
                with the Enterprise for the Americas Board) 
                that the resulting adjustment requirements 
                could reasonably be expected to have 
                significant adverse social or environmental 
                effects;
          (6) has put in place major investment reforms in 
        conjunction with an Inter-American Development Bank 
        loan or otherwise is implementing, or is making 
        significant progress toward, an open investment regime; 
        and
          (7) if appropriate, has agreed with its commercial 
        bank lenders on a satisfactory financing program, 
        including, as appropriate, debt or debt service 
        reduction.
  (b) Eligibility Determinations.--Consistent with subsection 
(a), the President shall determine whether a country is 
eligible to receive benefits under this part. The President 
shall notify the appropriate congressional committees of his 
intention to designate a country as an eligible country at 
least 15 days in advance of any formal determination.

SEC. 704.\1033\ REDUCTION OF CERTAIN DEBT.

  (a) Authority To Reduce Debt.--

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    \1033\ 22 U.S.C. 2430c. Sec. 594(a) of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1993 (Public 
Law 102-391; 106 Stat. 1692), enacted authorization for debt reduction 
as chapter 12, sec. 499 of this Act. That enactment, however, was 
repealed by sec. 602(b) of Public Law 102-549 (106 Stat. 3669), which 
also provided:
    ``Any exercise of the authorities provided in that chapter prior to 
its repeal by this subsection shall be deemed to be an exercise of the 
authorities of part IV of the Foreign Assistance Act of 1961 (as 
enacted by subsection (a) of this section) and shall be carried out, 
after the enactment of this section, in accordance with that part.''.
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          (1) Authority.--The President may reduce the amount 
        owed to the United States (or any agency of the United 
        States) that is outstanding as of January 1, 1992, as a 
        result of concessional loans made to an eligible 
        country by the United States under part I of this Act, 
        chapter 4 of part II of this Act, or predecessor 
        foreign economic assistance legislation.
          (2) Appropriations requirement.--The authority 
        provided by this section may be exercised only in such 
        amounts or to such extent as is provided in advance by 
        appropriations Acts.
          (3) Certain prohibitions inapplicable.--(A) A 
        reduction of debt pursuant to this section shall not be 
        considered assistance for purposes of any provision of 
        law limiting assistance to a country.
          (B) The authority of this section may be exercised 
        notwithstanding section 620(r) of this Act or section 
        321 of the International Development and Food 
        Assistance Act of 1975.
  (b) Implementation of Debt Reduction.--
          (1) In general.--Any debt reduction pursuant to 
        subsection (a) shall be accomplished at the direction 
        of the Facility by the exchange of a new obligation for 
        obligations outstanding as of the date specified in 
        subsection (a)(1).
          (2) Exchange of obligations.--The Facility shall 
        notify the agency primarily responsible for 
        administering part I of this Act of the agreement with 
        an eligible country to exchange a new obligation for 
        outstanding obligations pursuant to this subsection. At 
        the direction of the Facility, the old obligations 
        shall be canceled and a new debt obligation for the 
        country shall be established, and the agency primarily 
        responsible for administering part I of this Act shall 
        make an adjustment in its accounts to reflect the debt 
        reduction.

SEC. 705.\1034\ REPAYMENT OF PRINCIPAL.

  (a) Currency of Payment.--The principal amount of each new 
obligation issued pursuant to section 704(b) shall be repaid in 
United States dollars.

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    \1034\ 22 U.S.C. 2430d.
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  (b) Deposit of Payments.--Principal repayments of new 
obligations shall be deposited in the United States Government 
account established for principal repayments of the obligations 
for which those obligations were exchanged.

SEC. 706.\1035\ INTEREST ON NEW OBLIGATIONS.

  (a) Rate of Interest.--New obligations issued by a 
beneficiary country pursuant to section 704(b) shall bear 
interest at a concessional rate.

-----------------------------------------------------------------------
    \1035\ 22 U.S.C. 2430e.
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  (b) Currency of Payment; Deposits.--
          (1) Local currency.--If the beneficiary country has 
        entered into an Americas Framework Agreement, interest 
        shall be paid in the local currency of the beneficiary 
        country and deposited in an Americas Fund. Such 
        interest shall be the property of the beneficiary 
        country, until such time as it is disbursed pursuant to 
        section 707(d). Such local currencies shall be used for 
        the purposes specified in the Americas Framework 
        Agreement.
          (2) United states dollars.--If the beneficiary 
        country has not entered into an Americas Framework 
        Agreement, interest shall be paid in United States 
        dollars and deposited in the United States Government 
        account established for interest payments of the 
        obligations for which the new obligations were 
        exchanged.
  (c) Interest Already Paid.--If a beneficiary country enters 
into an Americas Framework Agreement subsequent to the date on 
which interest first became due on the newly issued obligation, 
any interest already paid on such new obligation shall not be 
redeposited into the Americas Fund established for that 
country.

SEC. 707.\1036\ ENTERPRISE FOR THE AMERICAS FUNDS.

  (a) Establishment.--Each beneficiary country that enters into 
an Americas Framework Agreement shall be required to establish 
an Enterprise for the Americas Fund to receive payments in 
local currency pursuant to section 706(b)(1).

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    \1036\ 22 U.S.C. 2430f. Title IV of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1998 (Public Law 
105-118; 111 Stat. 2404), provided the following:

    ``contribution to the enterprise for the americas multilateral 
                            investment fund

    ``For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the United States 
contribution to the Fund to be administered by the Inter-American 
Development Bank, $30,000,000 to remain available until expended, which 
shall be available for contributions previously due.''.
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  (b) Deposits.--Local currencies deposited in an Americas Fund 
shall not be considered assistance for purposes of any 
provision of law limiting assistance to a country.
  (c) Investment.--Deposits made in an Americas Fund shall be 
invested until disbursed. Any return on such investment may be 
retained by the Americas Fund, without deposit in the Treasury 
of the United States and without further appropriation by the 
Congress.
  (d) Disbursements.--Funds in an Americas Fund shall be 
disbursed only pursuant to an Americas Framework Agreement.

SEC. 708.\1037\ AMERICAS FRAMEWORK AGREEMENTS.

  (a) Authority.--The Secretary of State is authorized, in 
consultation with other appropriate Government officials, to 
enter into an Americas Framework Agreement with any eligible 
country concerning the operation and use of the Americas Fund 
for that country. In the negotiation of such Agreements, the 
Secretary shall consult with the Enterprise for the Americas 
Board in accordance with section 709.

-----------------------------------------------------------------------
    \1037\ 22 U.S.C. 2430g.
-----------------------------------------------------------------------

  (b) Contents of Agreements.--An Americas Framework Agreement 
with an eligible country shall--
          (1) require that country to establish an Americas 
        Fund;
          (2) require that country to make interest payments 
        under section 706(b)(1) into an Americas Fund;
          (3) require that country to make prompt disbursements 
        from the Americas Fund to the administering body 
        described in subsection (c);
          (4) when appropriate, seek to maintain the value of 
        the local currency resources of the Americas Fund in 
        terms of United States dollars;
          (5) specify, in accordance with subsection (d), the 
        purposes for which amounts in an Americas Fund may be 
        used; and
          (6) contain reasonable provisions for the enforcement 
        of the terms of the agreement.
  (c) Administering Body.--
          (1) In general.--Funds disbursed from the Americas 
        Fund in each beneficiary country shall be administered 
        by a body constituted under the laws of that country.
          (2) Composition.--The administering body shall 
        consist of--
                  (A) one or more individuals appointed by the 
                United States Government,
                  (B) one or more individuals appointed by the 
                government of the beneficiary country, and
                  (C) individuals who represent a broad range 
                of--
                          (i) environmental nongovernmental 
                        organizations of the beneficiary 
                        country,
                          (ii) child survival and child 
                        development nongovernmental 
                        organizations of the beneficiary 
                        country,
                          (iii) local community development 
                        nongovernmental organizations of the 
                        beneficiary country, and
                          (iv) scientific or academic 
                        organizations or institutions of the 
                        beneficiary country.
        A majority of the members of the administering body 
        shall be individuals described in subparagraph (C).
          (3) Responsibilities.--The administering body--
                  (A) shall receive proposals for grant 
                assistance from eligible grant recipients (as 
                determined under subsection (e)) and make 
                grants to eligible grant recipients in 
                accordance with the priorities agreed upon in 
                the Americas Framework Agreement, consistent 
                with subsection (d);
                  (B) shall be responsible for the management 
                of the program and oversight of grant 
                activities funded from resources of the 
                Americas Fund;
                  (C) shall be subject, on an annual basis, to 
                an audit of financial statements conducted in 
                accordance with generally accepted auditing 
                standards by an independent auditor;
                  (D) shall be required to grant to 
                representatives of the United States General 
                Accounting Office such access to books and 
                records associated with operations of the 
                Americas Fund as the Comptroller General of the 
                United States may request;
                  (E) shall present an annual program for 
                review each year by the Enterprise for the 
                Americas Board; and
                  (F) shall submit a report each year on the 
                activities that it undertook during the 
                previous year to the Chair of the Enterprise 
                for the Americas Board and to the government of 
                the beneficiary country.
  (d) Eligible Activities.--Grants from an Americas Fund shall 
be used for--
          (1) activities that link the conservation and 
        sustainable use of natural resources with local 
        community development; and
          (2) child survival and other child development 
        activities.
  (e) Grant Recipients.--Grants made from an Americas Fund 
shall be made to--
          (1) nongovernmental environmental, conservation, 
        child survival and child development, development, and 
        indigenous peoples organizations of the beneficiary 
        country;
          (2) other appropriate local or regional entities; and
          (3) in exceptional circumstances, the government of 
        the beneficiary country.
  (f) Review of Larger Grants.--Any grant of more than $100,000 
from an Americas Fund shall be subject to veto by the 
Government of the United States or the government of the 
beneficiary country.
  (g) Eligibility Criteria.--In the event that a country ceases 
to meet the eligibility requirements set forth in section 
703(a), as determined by the President pursuant to section 
703(b), then grants from the Americas Fund for that country may 
only be made to nongovernmental organizations until such time 
as the President determines that such country meets the 
eligibility requirements set forth in section 703(a).

SEC. 709.\1038\ ENTERPRISE FOR THE AMERICAS BOARD.

  For purposes of this part, the Enterprise for the Americas 
Board shall--

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    \1038\ 22 U.S.C. 2430h.
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          (1) advise the Secretary of State on the negotiations 
        of Americas Framework Agreements;
          (2) ensure, in consultation with--
                  (A) the government of the beneficiary 
                country,
                  (B) nongovernmental organizations of the 
                beneficiary country,
                  (C) nongovernmental organizations of the 
                region (if appropriate),
                  (D) environmental, scientific, child survival 
                and child development, and academic leaders of 
                the beneficiary country, and
                  (E) environmental, scientific, child survival 
                and child development, and academic leaders of 
                the region (as appropriate),
        that a suitable administering body is identified for 
        each Americas Fund; and
          (3) review the programs, operations, and fiscal 
        audits of each administering body.

SEC. 710.\1039\ ANNUAL REPORTS TO THE CONGRESS.

  The annual reports submitted pursuant to section 614 of the 
Agricultural Trade Development and Assistance Act of 1954 (7 
U.S.C. 1738mm) shall include a description of each Americas 
Framework Agreement and a description of any grants that have 
been extended by administering bodies pursuant to an Americas 
Framework Agreement.

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    \1039\ 22 U.S.C. 2430i.
    \1040\ Part V, which related to Indochina Postwar Reconstruction, 
was repealed by sec. 413 of the International Security Assistance and 
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 761). For 
complete text of regulations governing determinations, authorizations, 
etc., and remaining funds under part V, see page 550.
    \1041\ Part VI, which related to assistance to the Middle East and 
had been added by the FA Act of 1974, was repealed by sec. 12(b)(4) of 
the International Security Assistance Act of 1978 (Public Law 95-384; 
92 Stat. 737).
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                  PART V \1040\ * * * [Repealed--1976]

                 PART VI \1041\ * * * [Repealed--1978]



                     b. The Arms Export Control Act

                                CONTENTS
                                                                   Page

Chapter 1--Foreign and National Security Policy Objectives and 
  Restraints.....................................................   306
    Section 1--The Need for International Defense Cooperation and 
      Military Export Controls...................................   306
    Section 2--Coordination With Foreign Policy..................   309
    Section 3--Eligibility.......................................   310
    Section 4--Purposes for Which Military Sales by the United 
      States Are Authorized......................................   317
    Section 5--Prohibition Against Discrimination................   317
    Section 6--Foreign Intimidation and Harassment of Individuals 
      in the United States.......................................   319
Chapter 2--Foreign Military Sales Authorizations.................   319
    Section 21--Sales From Stocks................................   319
    Section 22--Procurement for Cash Sales.......................   327
    Section 23--Credit Sales.....................................   329
    Section 24--Guaranties.......................................   333
    Section 25--Annual Estimate and Justification for Sales 
      Program....................................................   335
    Section 26--Security Assistance Surveys......................   338
    Section 27--Authority of President to Enter into Cooperative 
      Projects with Friendly Foreign Countries...................   338
Chapter 2A--Foreign Military Construction Sales..................   342
    Section 29--Foreign Military Construction Sales..............   342
Chapter 2B--Sales to United States Companies for Incorporation 
  Into End Items.................................................   342
    Section 30--General Authority................................   342
Chapter 2C--Exchange of Training and Related Support.............   343
    Section 30A--Exchange of Training and Related Support........   343
Chapter 3--Military Export Controls..............................   344
    Section 31--Authorization and Aggregate Ceiling on Foreign 
      Military Sales Credits.....................................   344
    Section 33--Restraint in Arms Sales to Sub-Saharan Africa....   347
    Section 34--Foreign Military Sales Credit Standards..........   347
    Section 35--Foreign Military Sales to Less Developed 
      Countries..................................................   348
    Section 36--Reports on Commercial and Governmental Military 
      Exports; Congressional Action..............................   348
    Section 37--Fiscal Provisions Relating to Foreign Military 
      Sales Credits..............................................   359
    Section 38--Control of Arms Exports and Imports..............   360
    Section 39--Fees of Military Sales Agents and Other Payments.   367
    Section 39A--Prohibition on Incentive Payments...............   368
    Section 40--Transactions With Countries Supporting Acts of 
      International Terrorism....................................   369
    Section 40A--Transactions With Countries Not Fully 
      Cooperating With United States Antiterrorism Efforts.......   376
Chapter 3A--End-Use Monitoring of Defense Articles and Defense 
  Services.......................................................   376
    Section 40A End-Use Monitoring of Defense Articles and 
      Defense Services...........................................   376
Chapter 4--General, Administrative, and Miscellaneous Provisions.   377
    Section 41--Effective Date...................................   377
    Section 42--General Provisions...............................   377
    Section 43--Administrative Expenses..........................   379
    Section 44--Statutory Construction...........................   380
    Section 45--Statutes Repealed and Amended....................   380
    Section 46--Savings Provisions...............................   380
    Section 47--Definitions......................................   380
Chapter 5--Special Defense Acquisition Fund......................   382
    Section 51--Special Defense Acquisition Fund.................   382
    Section 52--Use and Transfer of Items Procured by the Fund...   384
Chapter 6--Leases of Defense Articles and Loan Authority for 
  Cooperative Research and Development Purposes..................   384
    Section 61--Leasing Authority................................   384
    Section 62--Reports to the Congress..........................   386
    Section 63--Legislative Review...............................   387
    Section 64--Application of Other Provisions of Law...........   388
    Section 65--Loan of Materials, Supplies, and Equipment for 
      Research and Development Purposes..........................   388
Chapter 7--Control of Missiles and Missile Equipment Technology..   389
    Section 71--Licensing........................................   389
    Section 72--Denial of the Transfer of Missile Equipment or 
      Technology by United States Persons........................   390
    Section 73--Transfers of Missile Equipment or Technology by 
      Foreign Persons............................................   391
    Section 73A--Notification of Admittance of MTCR Adherents....   394
    Section 74--Definitions......................................   394
Chapter 8--Chemical or Biological Weapons Proliferation..........   396
    Section 81--Sanctions Against Certain Foreign Persons........   396
Chapter 9--Transfer of Certain CFE Treaty-Limited Equipment to 
  NATO Members...................................................   399
    Section 91--Purpose..........................................   399
    Section 92--CFE Treaty Obligations...........................   400
    Section 93--Authorities......................................   400
    Section 94--Notifications and Reports to Congress............   401
    Section 95--Definitions......................................   401
Chapter 10--Nuclear Nonproliferation Controls....................   402
    Section 101--Nuclear Enrichment Transfers....................   402
    Section 102--Nuclear Reprocessing Transfers, Illegal Exports 
      for Nuclear Explosive Devices, Transfers of Nuclear 
      Explosive Devices, and Nuclear Detonations.................   403
    Section 103--Definition of Nuclear Explosive Device..........   407


                     b. The Arms Export Control Act

Public Law 90-629 [H.R. 15681], 82 Stat. 1320, approved October 22, 
    1968, as amended by Public Law 91-672 [H.R. 15628], 84 Stat. 2053, 
    approved January 12, 1971; Public Law 92-226 [Foreign Assistance 
    Act of 1971, S. 2819], 86 Stat. 20, 32, approved February 7, 1972; 
    Public Law 93-189 [Foreign Assistance Act of 1973, S. 1443], 87 
    Stat. 714, approved December 17, 1973; Public Law 93-559 [Foreign 
    Assistance Act of 1974, S. 3394], 88 Stat. 1795, 1813, approved 
    December 31, 1974; Public Law 94-329 [International Security 
    Assistance and Arms Export Control Act of 1976, H.R. 13680], 90 
    Stat. 729, approved June 30, 1976; Public Law 95-92 [International 
    Security Assistance Act of 1977, H.R. 6884], 91 Stat. 614, approved 
    August 4, 1977; Public Law 95-105 [Foreign Relations Authorization 
    Act, Fiscal Year 1978; H.R. 6689], 91 Stat. 844 at 846, approved 
    August 17, 1977; Public Law 95-384 [International Security 
    Assistance Act of 1978, S. 3075], 92 Stat. 730, approved September 
    26, 1978; Public Law 96-70 [Panama Canal Act of 1979; H.R. 111], 93 
    Stat. 452 at 499, approved September 27, 1979; Public Law 96-72 
    [Export Administration Act of 1979, S. 737], 93 Stat. 503 at 535, 
    approved September 29, 1979; Public Law 96-92 [International 
    Security Assistance Act of 1979; H.R. 3173], 93 Stat. 701, approved 
    October 29, 1979; Public Law 96-533 [International Security and 
    Development Cooperation Act of 1980; H.R. 6942], 94 Stat. 3131, 
    approved December 16, 1980; Public Law 97-113 [International 
    Security and Development Cooperation Act of 1981; S. 1196], 95 
    Stat. 1519, approved December 29, 1981; Public Law 97-392 [H.R. 
    6758], 96 Stat. 1962, approved December 29, 1982; Public Law 98-151 
    [Further Continuing Appropriations, 1984; H.J. Res. 413], 97 Stat. 
    964, approved November 14, 1983; Public Law 98-473 [Continuing 
    Appropriations Act, 1985; H.J. Res. 648], 98 Stat. 1837, approved 
    October 12, 1984; Public Law 99-64 [Export Administration 
    Amendments Act of 1985, S. 883], 99 Stat. 156, approved July 12, 
    1985; Public Law 99-83 [International Security and Development 
    Cooperation Act of 1985, S. 960], 99 Stat. 190, approved August 8, 
    1985; Public Law 99-139 [Act to amend Sec. 51(b) of the Arms Export 
    Control Act, S. 1726], 99 Stat. 562, approved October 30, 1985; 
    Public Law 99-247 [Act to amend the Arms Export Control Act to 
    require that congressional vetoes of certain arms export proposals 
    be enacted into law, S. 1831], 100 Stat. 9, approved February 12, 
    1986; Public Law 99-399 [Omnibus Diplomatic Security and 
    Antiterrorism Act of 1986; H.R. 4151], 100 Stat. 853, approved 
    August 27, 1986; Public Law 99-433 [Department of Defense 
    Reorganization Act of 1986, H.R. 3622], 100 Stat. 992, approved 
    October 1, 1986; Public Law 99-591 [Continuing Appropriations Act, 
    1987; H.J. Res. 738], 100 Stat. 3341, approved October 30, 1986; 
    Public Law 99-661 [National Defense Authorization Act for Fiscal 
    Year 1987, S. 2638], 100 Stat. 3816, approved November 14, 1986; 
    Public Law 100-71 [Supplemental Appropriations Act, 1987; H.R. 
    1827], 101 Stat. 391, approved July 11, 1987; Public Law 100-202 
    [Continuing Appropriations Act, 1988; H.J. Res. 395], 101 Stat. 
    1329, approved December 22, 1987; Public Law 100-204 [Foreign 
    Relations Authorization Act, 1988 and 1989; H.R. 1777], 101 Stat. 
    1331, approved December 22, 1987; Public Law 100-456 [National 
    Defense Authorization Act, 1989; H.R. 4481], 102 Stat. 1918, 
    approved September 29, 1988; Public Law 100-461 [Foreign 
    Operations, Export Financing, and Related Programs Appropriations 
    Act, 1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988; 
    Public Law 101-165 [Department of Defense Appropriations Act, 1990; 
    H.R. 3072], 103 Stat. 1112, approved November 21, 1989; Public Law 
    101-167 [Foreign Operations, Export Financing, and Related Programs 
    Appropriations Act, 1990; H.R. 3743], 103 Stat. 1195, approved 
    November 21, 1989; Public Law 101-222 [Anti-Terrorism and Arms 
    Export Amendments Act of 1989, H.R. 91], 103 Stat. 1892, approved 
    December 12, 1989; Public Law 101-231 [International Narcotics 
    Control Act of 1989, H.R. 3611], 103 Stat. 1954, approved December 
    13, 1989; Public Law 101-510 [National Defense Authorization for 
    Fiscal Year 1991, H.R. 4739], 104 Stat. 1485, approved November 5, 
    1990; Public Law 101-513 [Foreign Operations, Export Financing, and 
    Related Programs Appropriations Act, 1991; H.R. 5114], 104 Stat. 
    1979, approved November 5, 1990; Public Law 102-25 [Persian Gulf 
    Conflict Supplemental Authorization and Personnel Benefits Act of 
    1991; S. 725], 105 Stat. 75, approved April 6, 1991; Public Law 
    102-138 [Foreign Relations Authorization Act, Fiscal Years 1992 and 
    1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991; Public 
    Law 102-182 [title III--Chemical and Biological Weapons Control and 
    Warfare Elimination Act of 1991; H.R. 1724], 105 Stat. 1233 at 
    1245; approved December 4, 1991; sec. 545 of H.R. 2621 as passed by 
    the House on June 19, 1991, enacted by reference in Public Law 102-
    145 [H.J. Res. 360; 105 Stat. 968, approved October 28, 1991; 
    Public Law 102-228 [Conventional Forces in Europe Treaty 
    Implementation Act of 1991; H.R. 3807], 105 Stat. 1691, approved 
    December 12, 1991; Public Law 102-391 [Foreign Operations, Export 
    Financing, and Related Programs Appropriations Act, 1993; H.R. 
    5368], 106 Stat. 1633, approved October 6, 1992; Public Law 102-429 
    [Export Enhancement Act of 1992; H.R. 5739], 106 Stat. 2186, 
    approved October 21, 1992; Public Law 102-484 [National Defense 
    Authorization Act for Fiscal Year 1993, H.R. 5006], 106 Stat. 2315, 
    approved October 23, 1992; Public Law 102-583 [International 
    Narcotics Control Act of 1992; H.R. 6187], 106 Stat. 4914, approved 
    November 2, 1992; Public Law 103-87 [Foreign Operations, Export 
    Financing, and Related Programs Appropriations Act, 1994; H.R. 
    2295], 107 Stat. 931, approved September 30, 1993; Public Law 103-
    199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 
    17, 1993; Public Law 103-236 [Foreign Relations Authorization Act, 
    Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved 
    April 30, 1994; Public Law 103-306 [Foreign Operations, Export 
    Financing, and Related Programs Appropriations Act, 1995; H.R. 
    4426], 108 Stat. 1608, approved August 23, 1994; Public Law 103-437 
    [United States Code Technical Amendments; H.R. 4777], 108 Stat. 
    4581, approved November 2, 1994; Public Law 104-99 [Foreign 
    Operations, Export Financing, and Related Programs Appropriations 
    Act, 1996; H.R. 1868], enacted by reference in section 301 of H.R. 
    2880, 110 Stat. 26, approved January 26, 1996, enacted again as 
    Public Law 104-107 [H.R. 1868], 110 Stat. 755, approved February 
    12, 1996; Public Law 104-106 [National Defense Authorization Act 
    for Fiscal Year 1996; S. 1124], 110 Stat. 186, approved February 
    10, 1996; Public Law 104-132 [Antiterrorism and Effective Death 
    Penalty Act of 1996; S. 735], 110 Stat. 1214, approved April 24, 
    1996; Public Law 104-164 [H.R. 3121], 110 Stat. 1421, approved July 
    21, 1996; Public Law 104-201 [National Defense Authorization Act 
    for Fiscal Year 1997, H.R. 3230], 110 Stat. 2422, approved 
    September 23, 1996; Public Law 104-208 [Omnibus Consolidated 
    Appropriations Act, 1997; H.R. 3610], 110 Stat. 3009, approved 
    September 30, 1996; and by Public Law 105-118 [Foreign Operations, 
    Export Financing, and Related Programs Appropriations Act, 1998; 
    H.R. 2159], 111 Stat. 2386, approved November 26, 1997

    AN ACT To consolidate and revise foreign assistance legislation 
               relating to reimbursable military exports.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Arms Export Control Act''.\1\

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    \1\ The new title, ``Arms Export Control Act,'' was added in lieu 
of ``The Foreign Military Sales Act'' by sec. 201 of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 734). Sec. 201 further stated that ``any reference to the 
Foreign Military Sales Act shall be deemed to be a reference to the 
Arms Export Control Act.''.
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    Chapter 1--FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND 
                               RESTRAINTS

    Section 1.\2\ The Need for International Defense 
Cooperation and Military Export Controls.--As declared by the 
Congress in the Arms Control and Disarmament Act, an ultimate 
goal of the United States continues to be a world which is free 
from the scourge of war and the dangers and burdens of 
armaments; in which the use of force has been subordinated to 
the rule of law; and in which international adjustments to a 
changing world are achieved peacefully. In furtherance of that 
goal, it remains the policy of the United States to encourage 
regional arms control and disarmament agreements and to 
discourage arms races.

-----------------------------------------------------------------------
    \2\ 22 U.S.C. 2751. See also sec. 1097 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 
105 Stat. 1489), relating to an annual report on the proliferation of 
missiles and essential components of nuclear, biological, and chemical 
weapons; sec. 1605 of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1845), establishing the Joint 
Committee for Review of Counterproliferation Programs of the United 
States; sec. 1503 of the National Defense Authorization Act for Fiscal 
Year 1995 (Public Law 103-337; 108 Stat. 2916), relating to a report of 
the findings of the Counterproliferation Program Review Committee, in 
Legislation on Foreign Relations Through 1997, vol. I-B.
    See also sec. 564 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1994 (Public Law 103-236; 108 Stat. 484) relating 
to prohibiting sales and leases to those participating in or supporting 
the Arab boycott of Israel, in Legislation on Foreign Relations Through 
1997, vol. II.
    Sec. 154 of Public Law 104-164 (110 Stat. 1440) provided the 
following:
    ``sec. 154. eligibility of panama under the arms export control 
act.
    ``The Government of the Republic of Panama shall be eligible to 
purchase defense articles and services under the Arms Export Control 
Act (22 U.S.C. 2751 et seq.), except as otherwise specifically provided 
by law.''.
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    The Congress recognizes, however, that the United States 
and other free and independent countries continue to have valid 
requirements for effective and mutually beneficial defense 
relationships in order to maintain and foster the environment 
of international peace and security essential to social, 
economic, and political progress. Because of the growing cost 
and complexity of defense equipment, it is increasingly 
difficult and uneconomic for any country, particularly a 
developing country, to fill all of its legitimate defense 
requirements from its own design and production base. The need 
for international defense cooperation among the United States 
and those friendly countries to which it is allied by mutual 
defense treaties is especially important, since the 
effectiveness of their armed forces to act in concert to deter 
or defeat aggression is directly related to the operational 
compatibility of their defense equipment.
    Accordingly, it remains the policy of the United States to 
facilitate the common defense by entering into international 
arrangements with friendly countries which further the 
objective of applying agreed resources of each country to 
programs and projects of cooperative exchange of data, 
research, development, production, procurement, and logistics 
support to achieve specific national defense requirements and 
objectives of mutual concern. To this end, this Act authorizes 
sales by the United States Government to friendly countries 
having sufficient wealth to maintain and equip their own 
military forces at adequate strength, or to assume 
progressively larger shares of the costs thereof, without undue 
burden to their economies, in accordance with the restraints 
and control measures specified herein and in furtherance of the 
security objectives of the United States and of the purposes 
and principles of the United Nations Charter.
    It is the sense of the Congress that all such sales be 
approved only when they are consistent with the foreign policy 
interests of the United States, the purposes of the foreign 
assistance program of the United States as embodied in the 
Foreign Assistance Act of 1961, as amended, the extent and 
character of the military requirement, and the economic and 
financial capability of the recipient country, with particular 
regard being given, where appropriate, to proper balance among 
such sales, grant military assistance, and economic assistance 
as well as to the impact of the sales on programs of social and 
economic development and on existing or incipient arms 
races.\3\

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    \3\ A paragraph, as amended by sec. 4 of Public Law 91-672 and 
which had previously appeared at this point, was repealed by sec. 
734(a)(10) of the International Security and Development Cooperation 
Act of 1981 (Public Law 97-113; 95 Stat. 1560). It formerly read as 
follows:
    ``It is further the sense of Congress that sales and guaranties 
under sections 21, 22, 23, and 24, shall not be approved where they 
would have the effect of arming military dictators who are denying the 
growth of fundamental rights or social progress to their own people: 
Provided, That the President may waive this limitation when he 
determines it would be important to the security of the United States, 
and promptly so reports to the Speaker of the House of Representatives 
and the Committee on Foreign Relations in the Senate.''.
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    It shall be the policy of the United States to exert 
leadership in the world community to bring about arrangements 
for reducing the international trade in implements of war and 
to lessen the danger of outbreak of regional conflict and the 
burdens of armaments. United States programs for or procedures 
governing the export, sale, and grant of defense articles and 
defense services to foreign countries and international 
organizations shall be administered in a manner which will 
carry out this policy.
    It is the sense of the Congress that the President should 
seek to initiate multilateral discussions for the purpose of 
reaching agreements among the principal arms suppliers and arms 
purchasers and other countries with respect to the control of 
the international trade in armaments. It is further the sense 
of Congress that the President should work actively with all 
nations to check and control the international sale and 
distribution of conventional weapons of death and destruction 
and to encourage regional arms control arrangements. In 
furtherance of this policy, the President should undertake a 
concerted effort to convene an international conference of 
major arms-supplying and arms-purchasing nations which shall 
consider measures to limit conventional arms transfers in the 
interest of international peace and stability.
    It is the sense of the Congress that the aggregate value of 
defense articles and defense services--
          (1) which are sold under section 21 or section 22 of 
        this Act; or
          (2) which are licensed or approved for export under 
        section 38 of this Act to, for the use, or for benefit 
        of the armed forces, police, intelligence, or other 
        internal security forces of a foreign country or 
        international organization under a commercial sales 
        contract;
in any fiscal year should not exceed current levels.\4\

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    \4\ Sec. 202(a) of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 734) amended 
sec. 1 by striking out the last paragraph and adding the language 
beginning with ``It shall be the policy of the United States''. The 
last paragraph of sec. 1 formerly read as follows: ``In order to reduce 
the role of the United States Government in the furnishing of defense 
articles and defense services to foreign countries and international 
organizations, and return such transactions to commercial channels, the 
United States Government shall reduce its sales, credit sales, and 
guaranties of such articles, and defense services as soon as, and to 
the maximum extent, practicable.''.
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    It is the sense of the Congress that the President maintain 
adherence to a policy of restraint in conventional arms 
transfers and that, in implementing this policy worldwide, a 
balanced approach should be taken and full regard given to the 
security interests of the United States in all regions of the 
world and that particular attention should be paid to 
controlling the flow of conventional arms to the nations of the 
developing world. To this end, the President is encouraged to 
continue discussions with other arms suppliers in order to 
restrain the flow of conventional arms to less developed 
countries.\5\

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    \5\ This paragraph was added by sec. 15(a) of the International 
Security Assistance Act of 1978 (92 Stat. 739). Sec. 15(b) of the same 
Act required a report from the President to the Congress by December 
31, 1979, concerning the implications of the multilateral discussions 
referred to in the paragraph.
-----------------------------------------------------------------------

    Sec. 2.\6\ Coordination With Foreign Policy.--(a) Nothing 
contained in this Act shall be construed to infringe upon the 
powers or functions of the Secretary of State.

-----------------------------------------------------------------------
    \6\ 22 U.S.C. 2752. See also Presidential determinations, in notes 
at section 38.
-----------------------------------------------------------------------

    (b) \7\ Under the direction of the President, the Secretary 
of State (taking into account other United States activities 
abroad, such as military assistance, economic assistance, and 
food for peace program) shall be responsible for the continuous 
supervision and general direction of sales, leases, financing, 
cooperative projects, and exports under this Act, including, 
but not limited to, determining--

-----------------------------------------------------------------------
    \7\ Subsec. (b) was amended and restated by sec. 115(b) of Public 
Law 99-83 (99 Stat. 201). It previously read as follows:
    ``(b) Under the direction of the President, the Secretary of State, 
taking into account other United States activities abroad, such as 
military assistance, economic assistance, and food for freedom, shall 
be responsible for the continuous supervision and general direction of 
sales, leases, and exports under this Act, including, but not limited 
to, determining whether there shall be a sale to a country and the 
amount thereof, whether there shall be a lease to a country, and 
whether there shall be delivery or other performance under such sale, 
lease, or export, to the end that sales, leases, and exports are 
integrated with other United States activities and the foreign policy 
of the United States is best served thereby.''.
-----------------------------------------------------------------------

          (1) whether there will be a sale to or financing for 
        a country and the amount thereof;
          (2) whether there will be a lease to a country;
          (3) whether there will be a cooperative project and 
        the scope thereof; and
          (4) whether there will be delivery or other 
        performance under the sale, lease, cooperative project, 
        or export,
to the end that sales, financing, leases, cooperative projects, 
and exports will be integrated with other United States 
activities and to the end that the foreign policy of the United 
States would be best served thereby.
    (c) The President shall prescribe appropriate procedures to 
assure coordination among representatives of the United States 
Government in each country, under the leadership of the Chief 
of the United States Diplomatic Mission. The Chief of the 
diplomatic mission shall make sure that recommendations of such 
representatives pertaining to sales are coordinated with 
political and economic considerations, and his comments shall 
accompany such recommendations if he so desires.
    Sec. 3.\8\ Eligibility.--(a) No defense article or defense 
service shall be sold or leased \9\ by the United States 
Government under this Act to any country or international 
organization,\10\ and no agreement shall be entered into for a 
cooperative project (as defined in section 27 of this Act), 
unless--

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    \8\ 22 U.S.C. 2753. Sec. 906 of the FREEDOM Support Act (Public Law 
102-511; 106 Stat. 3356) provided the following:
    ``sec. 906. eligibility of baltic states for nonlethal defense 
articles.
    ``(a) Eligibility.--Estonia, Latvia, and Lithuania shall each be 
eligible--
          ``(1) to purchase, or to receive financing for the purchase 
        of, nonlethal defense articles--
                  ``(A) under the Arms Export Control Act (22 U.S.C. 
                2751 et seq.), without regard to section 3(a)(1) of 
                that Act, or
                  ``(B) under section 503 of the Foreign Assistance Act 
                of 1961 (22 U.S.C. 2311), without regard to the 
                requirement in subsection (a) of that section for a 
                Presidential finding; and
          ``(2) to receive nonlethal excess defense articles 
        transferred under section 519 of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2321m), without regard to the restrictions in 
        subsection (a) of that section.
    ``(b) Definitions.--As used in this section--
          ``(1) the term `defense article' has the same meaning given 
        to that term in section 47(3) of the Arms Export Control Act 
        (22 U.S.C. 2794(3)); and
          ``(2) the term `excess defense article' has the same meaning 
        given to that term in section 644(g) of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2403(g)).''.

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    \9\ The words ``or leased'' were added by sec. 109(b)(2)(A) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1526).
    \10\ The words ``and no agreement * * * of this Act)'', were added 
by sec. 115(b)(2)(A) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 201).
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          (1) \11\ the President finds that the furnishing of 
        defense articles and defense services to such country 
        or international organization will strengthen the 
        security of the United States and promote world peace;

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    \11\ In 1997, the President determined that the furnishing of 
defense articles and services to the Governments of Georgia, Kazakstan, 
Kyrgyzstan, Moldova, Turkmenistan, Russia, Ukraine, and Uzbekistan, 
would strengthen the security of the United States and promote world 
peace (Presidential Determination No. 97-19 of March 11, 1997; 62 F.R. 
13531).
    In 1995 and 1996, the President made similar determinations for 
Angola (Presidential Determination No. 95-32 of July 28, 1995; 60 F.R. 
40255), Mongolia (Presidential Determination No. 95-38 of August 22, 
1995; 60 F.R. 50069), Bosnia and Herzegovina (Presidential 
Determination No. 96-10 of February 23, 1996; 61 F.R. 8463), Slovenia, 
and the Former Yugoslav Republic of Macedonia (Presidential 
Determination No. 96-18 of March 8, 1996; 61 F.R. 11497).
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          (2) the country or international organization shall 
        have agreed not to transfer title to, or possession of, 
        any defense article or related training or other 
        defense service \12\ so furnished to it, or produced in 
        a cooperative project (as defined in section 27 of this 
        Act),\13\ to anyone not an officer, employee, or agent 
        of that country or international organization (or the 
        North Atlantic Treaty Organization or the specific 
        member countries (other than the United States) in the 
        case of a cooperative project) \14\ and not to use or 
        permit the use of such article or related training or 
        other defense service \12\ for purposes other than 
        those for which furnished \15\ unless the consent of 
        the President has first been obtained;

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    \12\ Sec. 203(a) of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 735) added the 
words ``or related training or other defense service''.
    \13\ Sec. 115(b)(2)(B)(i) of Public Law 99-83 (99 Stat. 201), added 
the words ``or produced * * * of this Act''.
    \14\ Sec. 115(b)(2)(B)(ii) of Public Law 99-83 (99 Stat. 201), 
added the words ``(or the North Atlantic Treaty Organization or the 
specific member countries (other than the United States) in the case of 
a cooperative project)''.
    \15\ Sec. 25(2) of the FA Act of 1973 struck out ``and'' at the end 
of par. (2) and added the words to this point beginning with ``and not 
to use or permit''.
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          (3) \16\ the country or international organization 
        shall have agreed that it will maintain the security of 
        such article or service \17\ and will provide 
        substantially the same degree of security protection 
        afforded to such article or service \17\ by the United 
        States Government; and

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    \16\ Sec. 25(2)(B) of the FA Act of 1973 added par. (3) and 
redesignated former par. (3) as par. (4).
    \17\ The words ``or service'' were added by sec. 115(b)(2)(c) of 
Public Law 99-83 (99 Stat. 201). Sec. 1102(3)(C) of Public Law 99-145 
(99 Stat. 710) made this same amendment.
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          (4) \16\ the country or international organization is 
        otherwise eligible to purchase or lease \18\ defense 
        articles or defense services.

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    \18\ The words ``or lease'' were added by sec. 109(b)(2)(B) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1526).
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In considering a request for approval of any transfer of any 
weapon, weapons system, munitions, aircraft, military boat, 
military vessel, or other implement of war to another country, 
the President shall not give his consent under paragraph (2) to 
the transfer unless the United States itself would transfer the 
defense article under consideration to that country.\19\ In 
addition, the President shall not give his consent under 
paragraph (2) to the transfer of any significant defense 
articles on the United States Munitions List unless the foreign 
country requesting consent to transfer agrees to demilitarize 
such defense articles prior to transfer, or the proposed 
recipient foreign country provides a commitment in writing to 
the United States Government that it will not transfer such 
defense articles, if not demilitarized, to any other foreign 
country or person without first obtaining the consent of the 
President.\20\ The President shall promptly submit a report to 
the Speaker of the House of Representatives and to the 
Committee on Foreign Relations of the Senate on the 
implementation of each agreement entered into pursuant to 
clause (2) of this subsection.

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    \19\ Sec. 204(b)(1) of the International Security Assistance and 
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 736) 
amended sec. 3 by striking out the following language after 
``country'': ``, and prior to the date he intends to give his consent 
to the transfer, the President notifies the Speaker of the House of 
Representatives and the Committee on Foreign Relations of the Senate in 
writing of each such intended consent, the justification for giving 
such consent, the defense article for which he intends to give his 
consent to be so transferred, and the foreign country to which that 
defense article is to be transferred''.
    \20\ The words to this point, beginning with ``In considering a 
request for approval'' were added by sec. 25(2)(C) of the FA Act of 
1973.
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    (b) \21\ The consent of the President under paragraph (2) 
of subsection (a) or under paragraph (1) of section 505(a) of 
the Foreign Assistance Act of 1961 (as it relates to 
subparagraph (B) of such paragraph) shall not be required for 
the transfer by a foreign country or international organization 
of defense articles sold by the United States under this Act 
if--

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    \21\ Sec. 142 of Public Law 104-164 (110 Stat. 1433) inserted a new 
subsec. (b). Former subsec. (b), as amended by sec. 1 of Public Law 91-
71, was repealed by sec. 15 of the International Security Assistance 
Act of 1977 (Public Law 95-92; 91 Stat. 622). It had concerned U.S. 
military assistance to a country which had seized an American fishing 
vessel outside a 12-mile limit.
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          (1) such articles constitute components incorporated 
        into foreign defense articles;
          (2) the recipient is the government of a member 
        country of the North Atlantic Treaty Organization, the 
        Government of Australia, the Government of Japan, or 
        the Government of New Zealand;
          (3) the recipient is not a country designated under 
        section 620A of the Foreign Assistance Act of 1961;
          (4) the United States-origin components are not--
                  (A) significant military equipment (as 
                defined in section 47(9));
                  (B) defense articles for which notification 
                to Congress is required under section 36(b); 
                and
                  (C) identified by regulation as Missile 
                Technology Control Regime items; and
                  (5) the foreign country or international 
                organization provides notification of the 
                transfer of the defense articles to the United 
                States Government not later than 30 days after 
                the date of such transfer.
    (c)(1)(A) \22\ No credits (including participations in 
credits) may be issued and no guaranties may be extended for 
any foreign country under this Act as hereinafter provided, if 
such country uses defense articles or defense services 
furnished under this Act, or any predecessor Act, in 
substantial violation (either in terms of quantities or in 
terms of the gravity of the consequences regardless of the 
quantities involved) of any agreement entered into pursuant to 
any such Act (i) by using such articles or services for a 
purpose not authorized under section 4 or, if such agreement 
provides that such articles or services may only be used for 
purposes more limited than those authorized under section 4 for 
a purpose not authorized under such agreement; (ii) by 
transferring such articles or services to, or permitting any 
use of such articles or services by, anyone not an officer, 
employee, or agent of the recipient country without the consent 
of the President; or (iii) by failing to maintain the security 
of such articles or services.

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    \22\ Sec. 304(b)(1) of the International Security Assistance and 
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 754) 
amended subsec. (c), which formerly read as follows:
    ``(c) Except as otherwise provided in subsection (d), any foreign 
country which hereafter uses defense articles or defense services 
furnished such country under this Act, in substantial violation of any 
provision of this Act or any agreement entered into under this Act, 
shall be immediately ineligible for further cash sales, credits, or 
guarantees.''.
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    (B) No cash sales or deliveries pursuant to previous sales 
may be made with respect to any foreign country under this Act 
as hereinafter provided, if such country uses defense articles 
or defense services furnished under this Act, or any 
predecessor Act, in substantial violation (either in terms of 
quantity or in terms of the gravity of the consequences 
regardless of the quantities involved) of any agreement entered 
into pursuant to any such Act by using such articles or 
services for a purpose not authorized under section 4 or, if 
such agreement provides that such articles or services may only 
be used for purposes more limited than those authorized under 
section 4, for a purpose not authorized under such agreement.
    (2) The President shall report to the Congress promptly 
upon the receipt of information that a violation described in 
paragraph (1) of this subsection may have occurred.
    (3)(A) A country shall be deemed to be ineligible under 
subparagraph (A) of paragraph (1) of this subsection, or both 
subparagraphs (A) and (B) of such paragraph in the case of a 
violation described in both such paragraphs, if the President 
so determines and so reports in writing to the Congress, or if 
the Congress so determines by joint resolution.
    (B) Notwithstanding a determination by the President of 
ineligibility under subparagraph (B) of paragraph (1) of this 
subsection, cash sales and deliveries pursuant to previous 
sales may be made if the President certifies in writing to the 
Congress that a termination thereof would have significant 
adverse impact on United States security, unless the Congress 
adopts or has adopted a joint resolution pursuant to 
subparagraph (A) of this paragraph with respect to such 
ineligibility.
    (4) A country shall remain ineligible in accordance with 
paragraph (1) of this subsection until such time as--
          (A) the President determines that the violation has 
        ceased; and
          (B) the country concerned has given assurances 
        satisfactory to the President that such violation will 
        not recur.
    (d) \23\ (1) \24\ The President may not give his consent 
under paragraph (2) of subsection (a) or under the third 
sentence of such subsection, or under section 505(a)(1) or 
505(a)(4) of the Foreign Assistance Act of 1961, to a transfer 
of any major defense equipment valued (in terms of its original 
acquisition cost) at $14,000,000 or more, or any defense 
article or related training or other defense service valued (in 
terms of its original acquisition cost) at $50,000,000 or 
more,\25\ unless \26\ the President submits to the Speaker of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate a written certification with respect to 
such proposed transfer containing--

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    \23\ Sec. 204(a) of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 735) added 
subsecs. (e) and (f). Sec. 304(b)(2) of the same Act repealed subsec. 
(d) and redesignated subsecs. (e) and (f) as (d) and (e). Previously, 
subsec. (d) read as follows:
    ``(d) A country shall remain ineligible in accordance with 
subsection (c) of this section until such time as the President 
determines that such violation has ceased, that the country concerned 
has given assurances satisfactory to the President that such violation 
will not recur, and that, if such violation involved the transfer of 
sophisticated weapons without the consent of the President, such 
weapons have been returned to the country concerned.''.
    \24\ Sec. 16 of the International Security Assistance Act 
of 1977 (Public Law 95-92; 91 Stat. 622) added the designation ``(1)'', 
redesignated former pars. (1) through (5) as subpars. (A) through (E), 
and added a new par. (2).
    \25\ The words to this point beginning with ``or under section 
505(a)(1) * * *'' were inserted in lieu of similar text by sec. 
101(a)(1)(A) of the International Security and Development Cooperation 
Act of 1981 (Public Law 97-113; 95 Stat. 1519). Previously, the 
President was required to submit a certification to Congress on all 
transfers of these items regardless of their value.
    \26\ The words ``, 30 days prior to giving such consent,'', which 
previously appeared at this point were struck out by sec. 16(1) of the 
International Security Assistance Act of 1977 (Public Law 95-92; 91 
Stat. 622).
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          (A) \24\ the name of the country or international 
        organization proposing to make such transfer,
          (B) \24\, \27\ a description of the 
        article or service proposed to be transferred, 
        including its acquisition cost,

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    \27\ Subpar. (B) was amended and restated by sec. 101(a)(1)(B) of 
the International Security and Development Cooperation Act of 1981 
(Public Law 97-113; 95 Stat. 1519). It formerly read as follows:
    ``(B) a description of the defense article or related training or 
other defense service proposed to be transferred, including the 
original acquisition cost of such defense article or related training 
or other defense service''.
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          (C) \24\ the name of the proposed recipient of such 
        article or service,\28\

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    \28\ The words ``defense'' and ``related training or other 
defense'', which formerly appeared before the words ``article'' and 
``service'', respectively, were deleted by sec. 101(a)(1) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1519).
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          (D) \24\ the reasons for such proposed transfer, and
          (E) \24\ the date on which such transfer is proposed 
        to be made.
Any certification submitted to Congress pursuant to this 
paragraph shall be unclassified, except that information 
regarding the dollar value and number of articles or services 
\28\ proposed to be transferred may be classified if public 
disclosure thereof would be clearly detrimental to the security 
of the United States.
    (2) \24\ (A) Except as provided in subparagraph (B),\29\ 
unless the President states in the certification submitted 
pursuant to paragraph (1) of this subsection that an emergency 
exists which requires that consent to the proposed transfer 
become effective immediately in the national security interests 
of the United States, such consent shall not become effective 
until 30 calendar days after the date of such submission and 
such consent shall become effective then only if the Congress 
does not enact,\30\ within such 30-day period, a joint 
resolution \31\ prohibiting the proposed transfer.

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    \29\ Sec. 102(a) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1520) inserted the 
subpar. (A) designation, added the words to this point in subpar. (A), 
and added a new subpar. (B).
    \30\ Public Law 99-247 (100 Stat. 9) replaced the language ``adopt 
* * * concurrent resolution disapproving'' with the current text.
    \31\ Sec. 577 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268-45), struck out ``law' and inserted in lieu thereof ``joint 
resolution, as provided for in sections 36(b)(2) and 36(b)(3) of this 
Act''. Sec. 141(a)(1) of Public Law 104-164 (110 Stat. 1430) 
subsequently struck out ``as provided for in sections 36(b)(2) and 
36(b)(3) of this Act''.
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    (B) \29\ In the case of a proposed transfer to the North 
Atlantic Treaty Organization, or any member country of such 
Organization, Japan, Australia, or New Zealand, unless the 
President states in the certification submitted pursuant to 
paragraph (1) of this subsection that an emergency exists which 
requires that consent to the proposed transfer become effective 
immediately in the national security interests of the United 
States, such consent shall not become effective until fifteen 
calendar days after the date of such submission and such 
consent shall become effective then only if the Congress does 
not enact,\30\ within such fifteen-day period, a joint 
resolution \32\ prohibiting the proposed transfer.

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    \32\ Sec. 141(a)(2) of Public Law 104-164 (110 Stat. 1430) struck 
out ``law'' and inserted in lieu thereof ``joint resolution''.
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    (C) \33\ If the President states in his certification under 
subparagraph (A) or (B) that an emergency exists which requires 
that consent to the proposed transfer become effective 
immediately in the national security interests of the United 
States, thus waiving the requirements of that subparagraph, the 
President shall set forth in the certification a detailed 
justification for his determination, including a description of 
the emergency circumstances which necessitate immediate consent 
to the transfer and a discussion of the national security 
interests involved.

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    \33\ Sec. 141(a)(3) of Public Law 104-164 (110 Stat. 1430) added 
subparas. (C) and (D).
    Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that 
``amendments made by this section [sec. 141] apply with respect to 
certifications required to be submitted on or after the date of the 
enactment of this Act [July 21, 1996].''.
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    (D) \33\ (i) Any joint resolution under this paragraph 
shall be considered in the Senate in accordance with the 
provisions of section 601(b) of the International Security 
Assistance and Arms Export Control Act of 1976.
    (ii) For the purpose of expediting the consideration and 
enactment of joint resolutions under this paragraph, a motion 
to proceed to the consideration of any such joint resolution 
after it has been reported by the appropriate committee shall 
be treated as highly privileged in the House of 
Representatives.
    (3) \34\ (A) \35\ The President may not give his consent to 
the transfer of any major defense equipment valued (in terms of 
its original acquisition cost) at $14,000,000 or more, or of 
any defense article or defense service valued (in terms of its 
original acquisition cost) at $50,000,000 or more, the export 
of which has been licensed or approved under section 38 of this 
Act,\36\ unless \37\ before giving such consent the President 
submits to the Speaker of the House of Representatives and the 
Chairman of the Committee on Foreign Relations of the Senate a 
certification \38\ containing the information specified in 
subparagraphs (A) through (E) of paragraph (1). Such 
certification shall be submitted--\39\

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    \34\ Sec. 101(a) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3131) redesignated 
existing par. (3) as par. (4) and added this new par. (3). Par. (4) was 
originally added as par. (3) by sec. 17 of the International Security 
Assistance Act of 1977 (Public Law 95-92; 91 Stat. 622).
    \35\ Sec. 141(b)(1) of Public Law 104-164 (110 Stat. 1431) added 
subpara. (A) designation.
    \36\ The value of the items listed in this sentence was increased 
from $7,000,000 and $25,000,000 to $14,000,000 and $50,000,000, 
respectively, by sec. 101(a)(2) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1519).
    \37\ Sec. 141(b)(2)(A) of Public Law 104-164 (110 Stat. 1431) 
struck out ``at least 30 calendar days'' after ``unless''.
    \38\ Sec. 141(b)(2)(B) of Public Law 104-164 (110 Stat. 1431) 
struck out ``report'' and inserted in lieu thereof ``certification''.
    \39\ Sec. 141(b)(3) of Public Law 104-164 (110 Stat. 1431) struck 
out a sentence after ``paragraph (1).'', which read : ``Such consent 
shall become effective then only if the Congress does not enact, within 
a 30-day period, a joint resolution, as provided for in sections 
36(c)(2) and 36(c)(3) of this Act prohibiting the proposed transfer.'', 
and inserted in lieu thereof the text beginning with ``Such 
certification shall be submitted--''. The former text had been added by 
sec. 577 of Public Law 100-461 (102 Stat. 2268-45).
    Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that 
``amendments made by this section [sec. 141] apply with respect to 
certifications required to be submitted on or after the date of the 
enactment of this Act [July 21, 1996].''.
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          (i) at least 15 calendar days before such consent is 
        given in the case of a transfer to a country which is a 
        member of the North Atlantic Treaty Organization or 
        Australia, Japan, or New Zealand; and
          (ii) at least 30 calendar days before such consent is 
        given in the case of a transfer to any other country,
unless the President states in his certification that an 
emergency exists which requires that consent to the proposed 
transfer become effective immediately in the national security 
interests of the United States. If the President states in his 
certification that such an emergency exists (thus waiving the 
requirements of clause (i) or (ii), as the case may be, and of 
subparagraph (B)) the President shall set forth in the 
certification a detailed justification for his determination, 
including a description of the emergency circumstances which 
necessitate that consent to the proposed transfer become 
effective immediately and a discussion of the national security 
interests involved.
    (B) Consent to a transfer subject to subparagraph (A) shall 
become effective after the end of the 15-day or 30-day period 
specified in subparagraph (A)(i) or (ii), as the case may be, 
only if the Congress does not enact, within that period, a 
joint resolution prohibiting the proposed transfer.
    (C)(i) Any joint resolution under this paragraph shall be 
considered in the Senate in accordance with the provisions of 
section 601(b) of the International Security Assistance and 
Arms Export Control Act of 1976.
    (ii) For the purpose of expediting the consideration and 
enactment of joint resolutions under this paragraph, a motion 
to proceed to the consideration of any such joint resolution 
after it has been reported by the appropriate committee shall 
be treated as highly privileged in the House of 
Representatives.
    (4) \34\ This subsection shall not apply--
          (A) to transfers of maintenance, repair, or overhaul 
        defense services, or of the repair parts or other 
        defense articles used in furnishing such services, if 
        the transfer will not result in any increase, relative 
        to the original specifications, in the military 
        capability of the defense articles and services to be 
        maintained, repaired, or overhauled;
          (B) to temporary transfers of defense articles for 
        the sole purpose of receiving maintenance, repair, or 
        overhaul; or
          (C) \40\ to arrangements among members of the North 
        Atlantic Treaty Organization or between the North 
        Atlantic Treaty Organization and any of its member 
        countries--

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    \40\ Subpar. (C) was amended and restated by sec. 11 of the 
International Security Assistance Act of 1979 (Public Law 96-92; 93 
Stat. 705). It formerly read as follows:
    ``(C) to cooperative cross servicing arrangements among members of 
the North Atlantic Treaty Organization.''.
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                  (i) for cooperative cross servicing, or
                  (ii) for lead-nation procurement if the 
                certification transmitted to the Congress 
                pursuant to section 36(b) of this Act with 
                regard to such lead-nation procurement 
                identified the transferees on whose behalf the 
                lead-nation procurement was proposed.
          (D) \41\ * * * [Repealed--1981]

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    \41\ Subpar. (D), as added by sec. 101(b) of Public Law 96-536 (94 
Stat. 3131), was repealed by sec. 101(a)(3)(C) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1520). Subpar. (D) had stipulated that subsec. (d) would not 
apply to transfers to NATO, member countries of NATO, Japan, Australia, 
or New Zealand of major defense equipment valued at less than 
$7,000,000 or defense articles or related training or other defense 
service valued at less than $25,000,000.
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    (e) \23\ If the President receives any information that a 
transfer of any defense article, or related training or other 
defense service, has been made without his consent as required 
under this section or under section 505 of the Foreign 
Assistance Act of 1961, he shall report such information 
immediately to the Speaker of the House of Representatives and 
the Committee on Foreign Relations of the Senate.
    (f) \42\ No sales or leases shall be made to any country 
that the President has determined is in material breach of its 
binding commitments to the United States under international 
treaties or agreements concerning the nonproliferation of 
nuclear explosive devices (as defined in section 830(4) of the 
Nuclear Proliferation Prevention Act of 1994) and unsafeguarded 
special nuclear material (as defined in section 830(8) of that 
Act).

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    \42\ Sec. 822(a)(1) of the Nuclear Proliferation Prevention Act 
(title VIII of the Foreign Relations Authorization Act; Public Law 103-
236; 108 Stat. 511) added subsec. (f).
    Previously, sec. 2(b) of the Anti-Terrorism and Arms Export 
Amendments Act of 1989 (Public Law 101-222; 103 Stat. 1896) repealed 
sec. 3(f). Added by sec. 18 of the International Security Assistance 
Act of 1977 (Public Law 95-92; 91 Stat. 622), sec. 3(f) formerly read 
as follows:
    ``(f)(1) Unless the President finds that the national security 
requires otherwise, he shall terminate all sales, under this Act to any 
government which aids or abets, by granting sanctuary from prosecution 
to, any individual or group which has committed an act of international 
terrorism. The President may not thereafter make or extend sales, to 
such government until the end of the one year period beginning on the 
date of such termination, except that if during its period of 
ineligibility for sales, pursuant to this section such government aids 
or abets, by granting sanctuary from prosecution to, any other 
individual or group which has committed an act of international 
terrorism, such government's period of ineligibility shall be extended 
for an additional year for each such individual or group.
    ``(2) If the President finds that the national security justifies a 
continuation of sales to any government described in paragraph (1), he 
shall report such finding to the Speaker of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate.''.
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    Sec. 4.\43\ Purposes for Which Military Sales by the United 
States Are Authorized.--Defense articles and defense services 
shall be sold or leased \44\ by the United States Government 
under this Act to friendly countries solely for internal 
security, for legitimate self-defense, to permit the recipient 
country to participate in regional or collective arrangements 
or measures consistent with the Charter of the United Nations, 
or otherwise to permit the recipient country to participate in 
collective measures requested by the United Nations for the 
purpose of maintaining or restoring international peace and 
security, or for the purpose of enabling foreign military 
forces in less developed friendly countries to construct public 
works and to engage in other activities helpful to the economic 
and social development of such friendly countries. It is the 
sense of the Congress that such foreign military forces should 
not be maintained or established solely for civic action 
activities and that such civic action activities not 
significantly detract from the capability of the military 
forces to perform their military missions and be coordinated 
with and form part of the total economic and social development 
effort: Provided, That none of the funds contained in this 
authorization shall be used to guarantee, or extend credit, or 
participate in an extension of credit in connection with any 
sale of sophisticated weapons systems, such as missile systems 
and jet aircraft for military purposes, to any underdeveloped 
country other than Greece, Turkey, Iran, Israel, the Republic 
of China, the Philippines, and Korea unless the President 
determines that such financing is important to the national 
security of the United States and reports within thirty days 
each such determination to the Congress.

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    \43\ 22 U.S.C. 2754.
    \44\ The words ``or leased'' were added by sec. 109(b)(3) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1526).
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    Sec. 5.\45\ Prohibition Against Discrimination.--(a) It is 
the policy of the United States that no sales should be made, 
and no credits (including participations in credits) or 
guaranties extended to or for any foreign country, the laws, 
regulations, official policies, or governmental practices of 
which prevent any United States person (as defined in section 
7701(a)(30) of the Internal Revenue Code of 1954) from 
participating in the furnishing of defense articles or defense 
services under this Act on the basis of race, religion, 
national origin, or sex.

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    \45\ 22 U.S.C. 2755. Sec. 5 was added by sec. 302(b) of the 
International Security Assistance and Arms Export Control Act of 1976 
(Public Law 94-329; 90 Stat. 752).
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    (b)(1) No agency performing functions under this Act shall, 
in employing or assigning personnel to participate in the 
performance of any such function, whether in the United States 
or abroad, take into account the exclusionary policies or 
practices of any foreign government where such policies or 
practices are based upon race, religion, national origin, or 
sex.
    (2) Each contract entered into by any such agency for the 
performance of any function under this Act shall contain a 
provision to the effect that no person, partnership, 
corporation, or other entity performing functions pursuant to 
such contract, shall, in employing or assigning personnel to 
participate in the performance of any such function, whether in 
the United States or abroad, take into account the exclusionary 
policies or practices of any foreign government where such 
policies or practices are based upon race, religion, national 
origin, or sex.
    (c) The President shall promptly transmit reports to the 
Speaker of the House of Representatives and the chairman of the 
Committee on Foreign Relations of the Senate concerning any 
instance in which any United States person (as defined in 
section 7701(a)(30) of the Internal Revenue Code of 1954) is 
prevented by a foreign government on the basis of race, 
religion, national origin, or sex, from participating in the 
performance of any sale or licensed transaction under this Act. 
Such reports shall include (1) a description of the facts and 
circumstances of any such discrimination, (2) the response 
thereto on the part of the United States or any agency or 
employee thereof, and (3) the result of such response, if any.
    (d)(1) \46\ Upon the request of the Committee on Foreign 
Relations of the Senate or the Committee on Foreign Affairs 
\47\ of the House of Representatives, the President shall, 
within 60 days after the receipt of such request, transmit to 
both such committees a statement, prepared with the assistance 
of the Secretary of State,\48\ with respect to the country 
designated in such request, setting forth--

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    \46\ Functions in this paragraph are delegated to the Assistant 
Secretary of State for Democracy, Human Rights and Labor (Department of 
State Public Notice 2086; Delegation of Authority No. 214; 59 F.R. 
50790).
    \47\ Sec. 9(a)(7) of the USC Technical Amendments (Public Law 103-
437; 108 Stat. 4588) struck out ``International Relations'' and 
inserted in lieu thereof ``Foreign Affairs''. Subsequently, sec. 
1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that references 
to the Committee on Foreign Affairs of the House of Representatives 
shall be treated as referring to the Committee on International 
Relations of the House of Representatives.
    \48\ Sec. 162(f) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405) struck out 
``Assistant Secretary of State for Human Rights and Humanitarian 
Affairs'' and inserted in lieu thereof ``Secretary of State''.
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          (A) all the available information about the 
        exclusionary policies or practices of the government of 
        such country when such policies or practices are based 
        upon race, religion, national origin or sex and prevent 
        any such person from participating in the performance 
        of any sale or licensed transaction under this Act;
          (B) the response of the United States thereto and the 
        results of such response;
          (C) whether, in the opinion of the President, 
        notwithstanding any such policies or practices--
                  (i) extraordinary circumstances exist which 
                necessitate a continuation of such sale or 
                licensed transaction, and, if so, a description 
                of such circumstances and the extent to which 
                such sale or licensed transaction should be 
                continued (subject to such conditions as 
                Congress may impose under this section), and
                  (ii) on all the facts it is in the national 
                interest of the United States to continue such 
                sale or licensed transaction; and
          (D) such other information as such committee may 
        request.
    (2) In the event a statement with respect to a sale or 
licensed transaction is requested pursuant to paragraph (1) of 
this subsection but is not transmitted in accordance therewith 
within 60 days after receipt of such request, such sale or 
licensed transaction shall be suspended unless and until such 
statement is transmitted.
    (3)(A) In the event a statement with respect to a sale or 
licensed transaction is transmitted under paragraph (1) of this 
subsection, the Congress may at any time thereafter adopt a 
joint resolution terminating or restricting such sale or 
licensed transaction.
    (B) Any such resolution shall be considered in the Senate 
in accordance with the provisions of section 601(b) of the 
International Security Assistance and Arms Export Control Act 
of 1976.
    (C) The term ``certification'', as used in section 601 of 
such Act, means, for the purposes of this paragraph, a 
statement transmitted under paragraph (1) of this subsection.
    Sec. 6.\49\ Foreign Intimidation and Harassment of 
Individuals in the United States.--No letters of offer may be 
issued, no credits or guarantees may be extended, and no export 
licenses may be issued under this Act with respect to any 
country determined by the President to be engaged in a 
consistent pattern of acts of intimidation or harassment 
directed against individuals in the United States. The 
President shall report any such determination promptly to the 
Speaker of the House of Representatives and to the chairman of 
the Committee on Foreign Relations of the Senate.

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    \49\ 22 U.S.C. 2756. Sec. 6. was added by sec. 115 of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1528).
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            Chapter 2--FOREIGN MILITARY SALES AUTHORIZATIONS

    Sec. 21.\50\ Sales From Stocks.--(a)(1) \51\ The President 
may sell defense articles and defense services from the stocks 
of the Department of Defense to any eligible country or 
international organization if such country or international 
organization agrees to pay in United States dollars--

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    \50\ 22 U.S.C. 2761. Sec. 205 of the International Security 
Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 
Stat. 736) amended sec. 21 which formerly read as follows:
    ``Sec. 21. Cash Sales From Stock.--The President may sell defense 
articles from the stocks of the Department of Defense and defense 
services of the Department of Defense to any friendly country or 
international organization if such country or international 
organization agrees to pay not less than the value thereof in United 
States dollars. Payment shall be made in advance or, as determined by 
the President to be in the best interests of the United States, within 
a reasonable period not to exceed one hundred and twenty days after the 
delivery of the defense articles or the rendering of the defense 
services.''.
    Sec. 975 of title 10, U.S. Code, as added by sec. 815 of the 
Department of Defense Appropriation Authorization Act, 1979 (92 Stat. 
1625), prohibited the sale of certain defense articles from Department 
of Defense stocks. See 10 U.S.C. 975, redesignated sec. 2390, in 
Legislation on Foreign Relations Through 1997, vol. I-B.
    \51\ Sec. 107(a)(1) and (2) of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 196) 
redesignated pars. (1), (2) and (3) as subpars. (A), (B) and (C) and 
inserted a ``(1)'' after subsec. (a).
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          (A) \51\ in the case of a defense article not 
        intended to be replaced at the time such agreement is 
        entered into, not less than the actual value thereof; 
        \52\

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    \52\ 10 U.S.C. 114(c)(2) provides:
    ``(2) Notwithstanding section 37(a) of the Arms Export Control Act 
(22 U.S.C. 2777(a)), amounts received by the United States pursuant to 
subparagraph (A) of section 21(a)(1) of that Act (22 U.S.C. 
2761(a)(1))--
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          ``(A) shall be credited to the Special Defense Acquisition 
        Fund established pursuant to chapter 5 of that Act (22 U.S.C. 
        2795 et seq.), as authorized by section 51(b)(1) of that Act 
        (22 U.S.C. 2795(b)(1)), but subject to the limitation in 
        paragraph (1) and other applicable law; and
          ``(B) to the extent not so credited, shall be deposited in 
        the Treasury as miscellaneous receipts as provided in section 
        3302(b) of title 31.''.
          (B) \51\ in the case of a defense article intended to 
        be replaced at the time such agreement is entered into, 
        the estimated cost of replacement of such article, 
        including the contract or production costs less any 
        depreciation in the value of such article; or
          (C) \51\, \53\ in the case of the sale of 
        a defense service, the full cost to the United States 
        Government of furnishing such service, except that in 
        the case of training sold to a purchaser who is 
        concurrently receiving assistance under chapter 5 of 
        part II of the Foreign Assistance Act of 1961 or to any 
        high-income foreign country (as described in that 
        chapter),\54\ only those additional costs that are 
        incurred by the United States Government in furnishing 
        such assistance.

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    \53\ Subpar. (C) was amended and restated by sec. 108(a) of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 197). It previously read: ``in the case of the sale 
of a defense service, the full cost to the United States Government of 
furnishing such service, except that in the case of training, only 
those additional costs that are incurred by the United States 
Government in furnishing such training.''.
    \54\ Sec. 112(c)(2) of Public Law 104-164 (110 Stat. 1428) inserted 
``or to any high-income foreign country (as described in that 
chapter)'' after ``Foreign Assistance Act of 1961''.
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    (2) \55\ For purposes of subparagraph (A) of paragraph (1), 
the actual value of a naval vessel of 3,000 tons or less and 20 
years or more of age shall be considered to be not less than 
the greater of the scrap value or fair value (including 
conversion costs) of such vessel, as determined by the 
Secretary of Defense.

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    \55\ Par. (2) was added by sec. 107(a)(3) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 196).
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    (b) Except as provided by subsection (d) of this section, 
payment shall be made in advance or, if the President 
determines it to be in the national interest, upon delivery of 
the defense article or rendering of the defense service.
    (c)(1) \56\ Personnel performing defense services sold 
under this Act may not perform any duties of a combatant 
nature, including any duties related to training and advising 
that may engage United States personnel in combat 
activities,\57\ outside the United States in connection with 
the performance of those defense services.

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    \56\ The paragraph designation ``(1)'' and a new par. (2) were 
added by sec. 102 of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3132). Par. (2) 
was subsequently amended and restated by sec. 103 of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1521). The original text of par. (2) read as follows:
    ``(2) Within 48 hours after the outbreak of significant hostilities 
involving a country in which United States personnel are performing 
defense services pursuant to this Act or the Foreign Assistance Act of 
1961, the President shall submit to the Speaker of the House of 
Representatives and to the President pro tempore of the Senate a 
report, in writing, setting forth--
    ``(A) the identity of such country and a description of such 
hostilities; and
    ``(B) the number of members of the United States Armed Forces and 
the number of United States civilian personnel performing defense 
services related to such hostilities in such country, their location, 
the precise nature of their activities, and the likelihood of their 
becoming engaged in or endangered by hostilities.''.
    \57\ The words ``training and advising that may engage United 
States personnel in combat activities'' were inserted in lieu of 
``training, advising, or otherwise providing assistance regarding 
combat activities'' by sec. 102(1) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3132).
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    (2) \56\ Within forty-eight hours of the existence of, or a 
change in status of significant hostilities or terrorist acts 
or a series of such acts, which may endanger American lives or 
property, involving a country in which United States personnel 
are performing defense services pursuant to this Act or the 
Foreign Assistance Act of 1961, the President shall submit to 
the Speaker of the House of Representatives and to the 
President pro tempore of the Senate a report, in writing, 
classified if necessary, setting forth--
          (A) the identity of such country;
          (B) a description of such hostilities or terrorist 
        acts; and
          (C) the number of members of the United States Armed 
        Forces and the number of United States civilian 
        personnel that may be endangered by such hostilities or 
        terrorist acts.
    (d) If the President determines it to be in the national 
interest pursuant to subsection (b) of this section, billings 
for sales made under letters of offer issued under this section 
after the enactment of this subsection may be dated and issued 
upon delivery of the defense article or rendering of the 
defense service and shall be due and payable upon receipt 
thereof by the purchasing country or international 
organization. Interest shall be charged on any net amount due 
and payable which is not paid within sixty days after the date 
of such billing. The rate of interest charged shall be a rate 
not less than a rate determined by the Secretary of the 
Treasury taking into consideration the current average market 
yield on outstanding short-term obligations of the United 
States as of the last day of the month preceding the billing 
and shall be computed from the date of billing. The President 
may extend such sixty-day period to one hundred and twenty days 
if he determines that emergency requirements of the purchaser 
for acquisition of such defense articles or defense services 
exceed the ready availability to the purchaser of funds 
sufficient to pay the United States in full for them within 
such sixty-day period and submits that determination to the 
Congress together with a special emergency request for the 
authorization and appropriation of additional funds to finance 
such purchases under this Act.
    (e)(1) After September 30, 1976, letters of offer for the 
sale of defense articles or for the sale of defense services 
that are issued pursuant to this section or pursuant to section 
22 of this Act shall include appropriate charges for--
          (A) administrative services, calculated on an average 
        percentage basis to recover the full estimated costs 
        (excluding a pro rata share of fixed base operations 
        costs) \58\ of administration of sales made under this 
        Act to all purchasers of such articles and services as 
        specified in section 43(b) and section 43(c) of this 
        Act; \59\

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    \58\ The wording in parentheses was added by sec. 109 of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 197).
    \59\ Sec. 9104(c)(1) of the Department of Defense Appropriations 
Act, 1990 (Public Law 101-165; 103 Stat. 1152), inserted reference to 
secs. 43(b) and (c).
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          (B) \60\ a proportionate amount of any nonrecurring 
        costs of research, development, and production of major 
        defense equipment (except for equipment wholly paid for 
        either from funds transferred under section 503(a)(3) 
        of the Foreign Assistance Act of 1961 or from funds 
        made available on a nonrepayable basis under section 23 
        of this Act); \61\ and

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    \60\ Section 9104(c)(3) of the Department of Defense Appropriations 
Act, 1990 (Public Law 101-165; 103 Stat. 1152), deleted par. (1)(B) 
which read ``(B) any use of plant and production equipment in 
connection with such defense articles;'' and redesignated (C) and (D) 
as (B) and (C), respectively.
    \61\ Sec. 9104(c)(2) of the Department of Defense Appropriations 
Act, 1990 (Public Law 101-165; 103 Stat. 1152), inserted parenthetical 
language here.
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          (C) \62\ the recovery of ordinary inventory losses 
        associated with the sale from stock of defense articles 
        that are being stored at the expense of the purchaser 
        of such articles.

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    \62\ This subparagraph was added by sec. 16 of the International 
Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 740) as 
(D), and redesignated as (C) by the Department of Defense 
Appropriations Act, 1990 (Public Law 101-165; 103 Stat. 1152).
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    (2) \63\ (A) The President may reduce or waive the charge 
or charges which would otherwise be considered appropriate 
under paragraph (1)(B) \64\ for particular sales that would, if 
made, significantly advance United States Government interests 
in North Atlantic Treaty Organization standardization, 
standardization with the Armed Forces of Japan, Australia, or 
New Zealand in furtherance of the mutual defense treaties 
between the United States and those countries, or foreign 
procurement in the United States under coproduction 
arrangements.\65\

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    \63\ Sec. 4303(a) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 658) conditionally 
amended para. (2) by inserting subpara. designation ``(A)'', and adding 
subparas. (B) and (C). Sec. 4303(b) of that Act stated the conditions 
for incorporating the amendment as follows:
    ``(b) Conditions.--Subsection (a) shall be effective only if--
          ``(1) the President, in the budget of the President for 
        fiscal year 1997, proposes legislation that if enacted would be 
        qualifying offsetting legislation; and
          ``(2) there is enacted qualifying offsetting legislation.
    ``(c) Effective Date.--If the conditions in subsection (b) are met, 
then the amendments made by subsection (a) shall take effect on the 
date of the enactment of qualifying offsetting legislation.
    ``(d) Definitions.--For purposes of this section:
          ``(1) The term `qualifying offsetting legislation' means 
        legislation that includes provisions that--
                  ``(A) offset fully the estimated revenues lost as a 
                result of the amendments made by subsection (a) for 
                each of the fiscal years 1997 through 2005;
                  ``(B) expressly state that they are enacted for the 
                purpose of the offset described in subparagraph (A); 
                and
                  ``(C) are included in full on the PayGo scorecard.
          ``(2) The term `PayGo scorecard' means the estimates that are 
        made by the Director of the Congressional Budget Office and the 
        Director of the Office of Management and Budget under section 
        252(d) of the Balanced Budget and Emergency Deficit Control Act 
        of 1985.''.
    The required offsetting legislation was enacted as sec. 3303(e) of 
the National Defense Authorization Act for Fiscal Year 1997 (Public Law 
104-201; 50 U.S.C. 98d note).
    \64\ Sec. 9104(c)(3) of the Department of Defense Appropriations 
Act, 1990 (Public Law 101-165; 103 Stat. 1152) made a conforming 
amendment here to show redesignation of par. (B) and (C), above.
    \65\ The words ``standardization with the * * * and those 
countries,'' were added by sec. 104 of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1521).
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    (B) \63\ The President may waive the charge or charges 
which would otherwise be considered appropriate under paragraph 
(1)(B) for a particular sale if the President determines that--
          (i) imposition of the charge or charges likely would 
        result in the loss of the sale; or
          (ii) in the case of a sale of major defense equipment 
        that is also being procured for the use of the Armed 
        Forces, the waiver of the charge or charges would 
        (through a resulting increase in the total quantity of 
        the equipment purchased from the source of the 
        equipment that causes a reduction in the unit cost of 
        the equipment) result in a savings to the United States 
        on the cost of the equipment procured for the use of 
        the Armed Forces that substantially offsets the revenue 
        foregone by reason of the waiver of the charge or 
        charges.
    (C) The President may waive, for particular sales of major 
defense equipment, any increase in a charge or charges 
previously considered appropriate under paragraph (1)(B) if the 
increase results from a correction of an estimate (reasonable 
when made) of the production quantity base that was used for 
calculating the charge or charges for purposes of such 
paragraph.
    (3) \66\ (A) The President may waive the charges for 
administrative services that would otherwise be required by 
paragraph (1)(A) in connection with any sale to the Maintenance 
and Supply Agency of the North Atlantic Treaty Organization in 
support of--

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    \66\ Sec. 1002 of the National Defense Authorization Act, Fiscal 
Year 1989 (Public Law 100-456; 102 Stat. 2037) added sec. 21(e)(3).
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          (i) a weapon system partnership agreement; or
          (ii) a NATO/SHAPE project.
    (B) The Secretary of Defense may reimburse the fund 
established to carry out section 43(b) of this Act in the 
amount of the charges waived under subparagraph (A) of this 
paragraph. Any such reimbursement may be made from any funds 
available to the Department of Defense.
    (C) As used in this paragraph--
          (i) the term ``weapon system partnership agreement'' 
        means an agreement between two or more member countries 
        of the Maintenance and Supply Agency of the North 
        Atlantic Treaty Organization that--
                  (I) is entered into pursuant to the terms of 
                the charter of that organization; and
                  (II) is for the common logistic support of a 
                specific weapon system common to the 
                participating countries; and
          (ii) the term ``NATO/SHAPE project'' means a common-
        funded project supported by allocated credits from 
        North Atlantic Treaty Organization bodies or by host 
        nations with NATO Infrastructure funds.
    (f) Any contracts entered into between the United States 
and a foreign country under the authority of this section or 
section 22 of this Act shall be prepared in a manner which will 
permit them to be made available for public inspection to the 
fullest extent possible consistent with the national security 
of the United States.
    (g) \67\ The President may enter into North Atlantic Treaty 
Organization standardization agreements in carrying out section 
814 of the Act of October 7, 1975 (Public Law 94-106), and may 
enter into similar agreements with countries \68\ which are 
major non-NATO allies, for the cooperative furnishing of 
training on a bilateral or multilateral basis, if the financial 
principles of such agreements are based on reciprocity. Such 
agreements shall include reimbursement for all direct costs but 
may exclude reimbursement for indirect costs, administrative 
surcharges, and costs of billeting of trainees (except to the 
extent that members of the United States Armed Forces occupying 
comparable accommodations are charged for such accommodations 
by the United States). Each such agreement shall be transmitted 
promptly to the Speaker of the House of Representatives and the 
Committees on Appropriations, Armed Services, and Foreign 
Relations of the Senate.\69\

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    \67\ Subsec. (g) was added by sec. 108(b) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 197).
    Subsec. (g) was previously repealed by the Foreign Assistance 
Appropriations Act, 1985 (sec. 101 of the Continuing Appropriations 
Act, 1985; Public Law 98-473; 98 Stat. 1895). This amendment had been 
included as sec. 102(b) of S. 2346, as introduced on February 27, 1984. 
Public Law 98-473 enacted sec. 102 of S. 2346. Subsec. (g) previously 
read as follows:
    ``(g) The President may enter into North Atlantic Treaty 
Organization standardization agreements in carrying out section 814 of 
the Act of October 7, 1975 (Public Law 94-106), and may enter into 
similar agreements with Japan, Australia, and New Zealand, for the 
cooperative furnishing of training on a bilateral or multilateral 
basis, if the financial principles of such agreements are based on 
reciprocity. Such agreements shall include reimbursement for all direct 
costs but may exclude reimbursement for indirect costs, administrative 
surcharges, and costs of billeting of trainees (except to the extent 
that members of the United States Armed Forces occupying comparable 
accommodations are charged for such accommodations by the United 
States). Each such agreement shall be transmitted promptly to the 
Speaker of the House of Representatives and the Committees on 
Appropriations, Armed Services, and Foreign Relations of the Senate.''.
    \68\ Sec. 147(b) of Public Law 104-164 (110 Stat. 1435) struck out 
``similar agreements with Japan, Australia, and New Zealand, and with 
other countries'' and inserted in lieu thereof ``similar agreements 
with countries''. Sec. 580 of Public Law 100-202 (101 Stat. 1329-181) 
had added ``and with other countries which are major non-NATO allies''.
    \69\ Sec. 147(a)(3)(A) of Public Law 104-164 (110 Stat. 1435) 
struck out the last sentence of subsec. (g). Originally added by sec. 
580 of Public Law 100-202 (101 Stat. 1329-181), and amended by sec. 
705(d)(1) of Public Law 102-25 (105 Stat. 120), the sentence read: `` 
As used in this subsection, the term ``major non-NATO allies'' means 
those countries designated as major non-NATO allies for purposes of 
section 2350a(i)(3) of title 10, United States Code.''.
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    (h) \70\ (1) The President is authorized to provide 
(without charge) quality assurance, inspection, contract 
administration services,\71\ and contract audit defense 
services under this section--

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    \70\ Sec. 12 of the International Security Assistance Act of 1979 
(Public Law 96-92; 93 Stat. 705) redesignated subsec. (h) as subsec. 
(i) and added this new subsec. (h).
    Subsequently, sec. 111 (1), (2), and (3) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 197), inserted the designation (1) after subsec. (h), added par. 
(2) and redesignated what was previously pars. (1) and (2) as subpars. 
(A) and (B) of the newly designated (h)(1).
    \71\ The language ``contract administration services'' was added by 
sec. 110 of Public Law 99-83 (99 Stat. 197).
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          (A) \70\ in connection with the placement or 
        administration of any contract or subcontract for 
        defense articles, defense services, or design and 
        construction services \72\ entered into after the date 
        of enactment of this subsection by, or under this Act 
        on behalf of, a foreign government which is a member of 
        the North Atlantic Treaty Organization, if such 
        government provides such services in accordance with an 
        agreement on a reciprocal basis, without charge, to the 
        United States Government; or

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    \72\ The reference to design and construction services was added by 
sec. 115(b) of the International Security and Development Cooperation 
Act of 1980 (Public Law 96-533; 94 Stat. 3134).
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          (B) \70\ in connection with the placement or 
        administration of any contract or subcontract for 
        defense articles, defense services, or design and 
        construction services \72\ pursuant to the North 
        Atlantic Treaty Organization Security Investment 
        program \73\ in accordance with an agreement under 
        which the foreign governments participating in such 
        program provide such services, without charge, in 
        connection with similar contracts or subcontracts.

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    \73\ Sec. 2802(d)(2) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2787) struck out 
``North Atlantic Treaty Organization Infrastructure Program'' and 
inserted in lieu thereof ``North Atlantic Treaty Organization Security 
Investment program''.
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    (2) \70\ In carrying out the objectives of this section, 
the President is authorized to provide cataloging data and 
cataloging services, without charge, to the North Atlantic 
Treaty Organization or to any member government of that 
Organization if that Organization or member government provides 
such data and services in accordance with an agreement on a 
reciprocal basis, without charge, to the United States 
Government.
    (i) \74\ (1) Sales of defense articles and defense services 
which could have significant adverse effect on the combat 
readiness of the Armed Forces of the United States shall be 
kept to an absolute minimum. The President shall transmit to 
the Speaker of the House of Representatives and the Committees 
on Armed Services and Foreign Relations of the Senate on the 
same day a written statement giving a complete explanation with 
respect to any proposal to sell, under this section or under 
authority of chapter 2B,\75\ any defense articles or defense 
services if such sale could have a significant adverse effect 
on the combat readiness of the Armed Forces of the United 
States. Each such statement shall be unclassified except to the 
extent that public disclosure of any item of information 
contained therein would be clearly detrimental to the security 
of the United States. Any necessarily classified information 
shall be confined to a supplemental report. Each such statement 
shall include an explanation relating to only one such proposal 
to sell and shall set forth--

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    \74\ Subsec. (i), originally added as subsec. (h) by sec. 206 of 
the International Security Assistance and Arms Export Control Act of 
1976 (Public Law 94-329; 90 Stat. 738), was redesignated as subsec. (i) 
by sec. 12 of Public Law 96-92.
    \75\ The reference to the authority under chapter 2B was added by 
sec. 3 of Public Law 97-392 (96 Stat. 1962).
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          (A) the country or international organization to 
        which the sale is proposed to be made;
          (B) the amount of the proposed sale;
          (C) a description of the defense article or service 
        proposed to be sold;
          (D) a full description of the impact which the 
        proposed sale will have on the Armed Forces of the 
        United States; and
          (E) a justification for such proposed sale, including 
        a certification that such sale is important to the 
        security of the United States.
A certification described in subparagraph (E) shall take effect 
on the date on which such certification is transmitted and 
shall remain in effect for not to exceed one year.
    (2) No delivery may be made under any sale which is 
required to be reported under paragraph (1) of this subsection 
unless the certification required to be transmitted by 
paragraph (E) of paragraph (1) is in effect.
    (j) \76\ * * * [Repealed--1996]

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    \76\ Sec. 112 of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 206) repealed subsec. (j), 
originally added by sec. 114 of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2333). The subsec. 
read as follows:
    ``(j) Tank and Infantry Vehicle Upgrades.--(1) Funds received from 
the sale of tanks under this section shall be available for the 
upgrading of tanks for fielding to the Army.
    ``(2) Funds received from the sale of infantry fighting vehicles or 
armored personnel carriers under this section shall be available for 
the upgrading of infantry fighting vehicles or armored personnel 
carriers for fielding to the Army.
    ``(3) Paragraphs (1) and (2) apply only to the extent provided in 
advance in appropriations Acts.
    ``(4) This subsection applies with respect to funds received from 
sales occurring after September 30, 1989.''.
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    (k) \77\ Before entering into the sale under this Act of 
defense articles that are excess to the stocks of the 
Department of Defense, the President shall determine that the 
sale of such articles will not have an adverse impact on the 
national technology and industrial base and, particularly, will 
not reduce the opportunities of entities in the national 
technology and industrial base to sell new or used equipment to 
the countries to which such articles are transferred.

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    \77\ Sec. 731(d) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503) added subsec. 
(k). Sec. 104(b)(1) of Public Law 104-164 (110 Stat. 1426) struck out 
``the President shall first consider the effects of the sale of the 
articles on the national technology and industrial base, particularly 
the extent, if any, to which the sale reduces the opportunities of 
entities in the national technology and industrial base to sell new 
equipment to the country or countries to which the excess defense 
articles are sold.'' and inserted the text beginning ``the President 
shall...''.
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    (l) \78\ Repair of Defense Articles.--

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    \78\ Sec. 152(a) of Public Law 104-164 (110 Stat. 1438) added 
subsec. (l). Subsec. (c) (22 U.S.C. 2761 note) of that section 
provided: ``Under the direction of the President, the Secretary of 
Defense shall promulgate regulations to implement subsections (l) and 
(m) of section 21 of the Arms Export Control Act.''.
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          (1) In general.--The President may acquire a 
        repairable defense article from a foreign country or 
        international organization if such defense article--
                  (A) previously was transferred to such 
                country or organization under this Act;
                  (B) is not an end item; and
                  (C) will be exchanged for a defense article 
                of the same type that is in the stocks of the 
                Department of Defense.
          (2) Limitation.--The President may exercise the 
        authority provided in paragraph (1) only to the extent 
        that the Department of Defense--
                  (A)(i) has a requirement for the defense 
                article being returned; and
                  (ii) has available sufficient funds 
                authorized and appropriated for such purpose; 
                or
                  (B)(i) is accepting the return of the defense 
                article for subsequent transfer to another 
                foreign government or international 
                organization pursuant to a letter of offer and 
                acceptance implemented in accordance with this 
                Act; and
                  (ii) has available sufficient funds provided 
                by or on behalf of such other foreign 
                government or international organization 
                pursuant to a letter of offer and acceptance 
                implemented in accordance with this Act.
          (3) Requirement.--(A) The foreign government or 
        international organization receiving a new or repaired 
        defense article in exchange for a repairable defense 
        article pursuant to paragraph (1) shall, upon the 
        acceptance by the United States Government of the 
        repairable defense article being returned, be charged 
        the total cost associated with the repair and 
        replacement transaction.
          (B) The total cost charged pursuant to subparagraph 
        (A) shall be the same as that charged the United States 
        Armed Forces for a similar repair and replacement 
        transaction, plus an administrative surcharge in 
        accordance with subsection (e)(1)(A) of this section.
          (4) Relationship to certain other provisions of 
        law.--The authority of the President to accept the 
        return of a repairable defense article as provided in 
        subsection (a) shall not be subject to chapter 137 of 
        title 10, United States Code, or any other provision of 
        law relating to the conclusion of contracts.
    (m) \79\ Return of Defense Articles.--

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    \79\ Sec. 152(b) of Public Law 104-164 (110 Stat. 1439) added 
subsec. (m). Subsec. (c) (22 U.S.C. 2761 note) of that section 
provided: ``Under the direction of the President, the Secretary of 
Defense shall promulgate regulations to implement subsections (l) and 
(m) of section 21 of the Arms Export Control Act.''.
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          (1) In general.--The President may accept the return 
        of a defense article from a foreign country or 
        international organization if such defense article--
                  (A) previously was transferred to such 
                country or organization under this Act;
                  (B) is not significant military equipment (as 
                defined in section 47(9) of this Act); and
                  (C) is in fully functioning condition without 
                need of repair or rehabilitation.
          (2) Limitation.--The President may exercise the 
        authority provided in paragraph (1) only to the extent 
        that the Department of Defense--
                  (A)(i) has a requirement for the defense 
                article being returned; and
                  (ii) has available sufficient funds 
                authorized and appropriated for such purpose; 
                or
                  (B)(i) is accepting the return of the defense 
                article for subsequent transfer to another 
                foreign government or international 
                organization pursuant to a letter of offer and 
                acceptance implemented in accordance with this 
                Act; and
                  (ii) has available sufficient funds provided 
                by or on behalf of such other foreign 
                government or international organization 
                pursuant to a letter of offer and acceptance 
                implemented in accordance with this Act.
          (3) Credit for transaction.--Upon acquisition and 
        acceptance by the United States Government of a defense 
        article under paragraph (1), the appropriate Foreign 
        Military Sales account of the provider shall be 
        credited to reflect the transaction.
          (4) Relationship to certain other provisions of 
        law.--The authority of the President to accept the 
        return of a defense article as provided in paragraph 
        (1) shall not be subject to chapter 137 of title 10, 
        United States Code, or any other provision of law 
        relating to the conclusion of contracts.
    Sec. 22.\80\ Procurement for Cash Sales.--(a) Except as 
otherwise provided in this section, the President may, without 
requirement for charge to any appropriation or contract 
authorization otherwise provided, enter into contracts for the 
procurement of defense articles or defense services for sale 
for United States dollars to any foreign country or 
international organization if such country or international 
organization provides the United States Government with a 
dependable undertaking (1) to pay the full amount of such 
contract which will assure the United States Government against 
any loss on the contract, and (2) to make funds available in 
such amounts and at such times as may be required to meet the 
payments required by the contract and any damages and costs 
that may accrue from the cancellation of such contract, in 
advance of the time such payments, damages, or costs are due. 
Interest shall be charged on any net amount by which any such 
country or international organization is in arrears under all 
of its outstanding unliquidated dependable undertakings, 
considered collectively. The rate of interest charged shall be 
a rate not less than a rate determined by the Secretary of the 
Treasury taking into consideration the current average market 
yield on outstanding short-term obligations of the United 
States as of the last day of the month preceding the net 
arrearage and shall be computed from the date of net 
arrearage.\81\

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    \80\ 22 U.S.C. 2762. Sec. 25(3) of the FA Act of 1973 amended sec. 
22, which formerly read as follows:
    ``Sec. 22. Procurement for Cash Sales.--The President may, without 
requirement for charge to any appropriation or contract authorization 
otherwise provided, enter into contracts for the procurement of defense 
articles or defense services for sale for United States dollars to any 
friendly country or international organization if such country or 
international organization provides the United States Government with a 
dependable undertaking (1) to pay the full amount of such contract 
which will assure the United States Government against any loss on the 
contract, and (2) to make funds available in such amounts and at such 
times as may be required to meet the payments required by the contract, 
and any damages and costs that may accrue from the cancellation of such 
contract, in advance of the time such payments, damages, or costs are 
due: Provided, That the President may, when he determines it to be in 
the national interest accept a dependable undertaking to make full 
payment within one hundred and twenty days after delivery of the 
defense articles, or the rendering of the defense services, and 
appropriations available to the Department of Defense may be used to 
meet the payments required by the contracts and shall be reimbursed by 
the amounts subsequently received from the country or international 
organization: Provided further, That the President may, when he 
determines it to be in the national interest, enter into sales 
agreements with purchasing countries or international organizations 
which fix prices to be paid by the purchasing countries or 
international organizations for the defense articles or defense 
services ordered. Funds made available under section 31 for financing 
sales shall be used to reimburse the applicable appropriations in the 
amounts required by the contracts which exceed the price so fixed, 
except that such reimbursement shall not be required upon determination 
by the President that the continued production of the defense article 
being sold is advantageous to the Armed Forces of the United States. 
Payments by purchasing countries or international organizations which 
exceed the amounts required by such contracts shall be transferred to 
the general fund of the Treasury. To the maximum extent possible, 
prices fixed under any such sales agreement shall be sufficient to 
reimburse the United States for the cost of defense articles or defense 
services ordered. The President shall submit to the Congress promptly a 
detailed report concerning any fixed- price sales agreement under which 
the aggregate cost to the United States exceeds the aggregate amount 
required to be paid by the purchasing country or international 
organization. No sales of unclassified defense articles shall be made 
to the government of any economically developed nation under the 
provisions of this section unless such articles are not generally 
available for purchase by such nations from commercial sources in the 
United States: Provided, however, That the President may waive the 
provisions of this sentence when he determines that the waiver of such 
provisions is in the national interest.''.
    \81\ The words beginning with ``Interest shall be charged on any 
net amount * * *'' were added by sec. 207(a) of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 738).
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    (b) The President may, if he determines it to be in the 
national interest, issue letters of offer under this section 
which provide for billing upon delivery of the defense article 
or rendering of the defense service and for payment within one 
hundred and twenty days after the date of billing. This 
authority may be exercised, however, only if the President also 
determines that the emergency requirements of the purchaser for 
acquisition of such defense articles and services exceed the 
ready availability to the purchaser of funds sufficient to make 
payments on a dependable undertaking basis and submits both 
determinations to the Congress together with a special 
emergency request for authorization and appropriation of 
additional funds to finance such purchases under this Act.\82\ 
Appropriations available to the Department of Defense may be 
used to meet the payments required by the contracts for the 
procurement of defense articles and defense services and shall 
be reimbursed by the amounts subsequently received from the 
country or international organization to whom articles or 
services are sold.

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    \82\ Sec. 207(b) of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 738) amended 
subsec. (b) by striking out the first sentence and adding in lieu 
thereof the words to this point. The first sentence of subsec. (b) 
formerly read as follows: ``(b) The President may, when he determines 
it to be in the national interest, accept a dependable undertaking of a 
foreign country or international organization with respect to any such 
sale, to make full payment within 120 days after delivery of the 
defense articles or the rendering of the defense services.''.
    Sec. 1007(b)(5) of the DOD Authorization Act, 1985 (Public Law 98-
525; 98 Stat. 2579) waived the requirement under sec. 22 for payment in 
advance of delivery with respect to the purchase by the Federal 
Republic of Germany of one Patriot missile fire unit.
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    (c) \83\ The provisions of the Renegotiation Act of 1951 do 
not apply to procurement contracts, heretofore or hereafter 
entered into under this section, section 29, or predecessor 
provisions of law.

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    \83\ Subsec. (c), as added by sec. 17 of the International Security 
Assistance Act of 1978 (Public Law 95-384; 92 Stat. 740), was amended 
and restated by sec. 105(b)(2) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-553; 94 Stat. 3134). 
It formerly read as follows:
    ``(c) The provisions of the Renegotiation Act of 1951 do not apply 
to contracts for the procurement of defense articles and defense 
services heretofore or hereafter entered into under this section or 
predecessor provisions of law.''.
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    (d) \84\ Competitive Pricing.--Procurement contracts made 
in implementation of sales under this section for defense 
articles and defense services wholly paid for from funds made 
available on a nonrepayable basis shall be priced on the same 
costing basis with regard to profit, overhead, independent 
research and development, bid and proposal, and other costing 
elements, as is applicable to procurements of like items 
purchased by the Department of Defense for its own use.

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    \84\ Sec. 531A(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 731), added subsec. (d). Subsecs. (b) and (c) of sec. 531A 
provided the following:
    ``(b) effective date and implementing regulations.--Section 22(d) 
of the Arms Export Control Act, as added by subsection (a)--
          ``(1) shall take effect on the 60th day following the date of 
        the enactment of this Act;
          ``(2) shall be applicable only to contracts made in 
        implementation of sales made after such effective date; and
          ``(3) shall be implemented by revised procurement 
        regulations, which shall be issued prior to such effective 
        date.
    ``(c) direct costs allowable.--Direct costs associated with meeting 
a foreign customer's additional or unique requirements will continue to 
be allowable under such contracts. Loadings applicable to such direct 
costs shall be permitted at the same rates applicable to procurement of 
like items purchased by the Department of Defense for its own use.''.
    Sec. 533A of that Act provided the following:

          ``competitive pricing for sales of defense articles

    ``Sec. 533A. Direct costs associated with meeting a foreign 
customer's additional or unique requirements will continue to be 
allowable under contracts under section 22(d) of the Arms Export 
Control Act. Loadings applicable to such direct costs shall be 
permitted at the same rates applicable to procurement of like items 
purchased by the Department of Defense for its own use.''.
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    Sec. 23.\85\, \86\ Credit Sales.--(a) \87\ The 
President is authorized to finance the procurement of defense 
articles, defense services, and design and construction 
services by friendly foreign countries and international 
organizations, on such terms and conditions as he may determine 
consistent with the requirements of this section. 
Notwithstanding any other provision of law, and subject to the 
regular notification requirements of the Committees on 
Appropriations, the authority of this section may be used to 
provide financing to Israel and Egypt for the procurement by 
leasing (including leasing with an option to purchase) of 
defense articles from United States commercial suppliers, not 
including Major Defense Equipment (other than helicopters and 
other types of aircraft having possible civilian application), 
if the President determines that there are compelling foreign 
policy or national security reasons for those defense articles 
being provided by commercial lease rather than by government-
to-government sale under this Act.\88\

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    \85\ 22 U.S.C. 2763. Sec. 23 was amended and restated by sec. 102 
of the International Security and Development Cooperation Act of 1985 
(Public Law 99-83; 99 Stat. 195). It previously read as follows:
    ``The President is authorized to finance procurements of defense 
articles, defense services, and design and construction services by 
friendly foreign countries and international organizations on terms 
requiring the payment to the United States Government in United States 
dollars of--
    ``(1) the value of such articles or services within a period not to 
exceed twelve years after the delivery of such articles or the 
rendering of such services; and
    ``(2) interest on the unpaid balance of that obligation for payment 
of the value of such articles or services, at a rate equivalent to the 
current average interest rate, as of the last day of the month 
preceding the financing of such procurement that the United States 
Government pays on outstanding marketable obligations of comparable 
maturity, unless the President certifies to Congress that the national 
interest requires a lesser rate of interest and states in the 
certification the lesser rate so required and the justification 
therefor.''.
    Prior to that, sec. 45(a)(2) of the FA Act of 1974 amended sec. 23, 
which formerly read as follows: ``Sec. 23. Credit Sales.--The President 
is hereby authorized to finance procurements of defense articles and 
defense services by friendly countries and international organizations 
on terms of repayment to the United States Government of not less than 
the value thereof in the United States dollars within a period of not 
to exceed ten years after the delivery of the defense articles or the 
rendering of the defense services.''.
    /86/ Sec. 101(b) of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 193) 
provided an authorization for each of the fiscal years 1986 and 1987 of 
$5,371,000,000 to carry out sec. 23 and set a ceiling of $553,900,000 
for each fiscal year of the amount that may be made available at 
concessional interest rates.
    Congress did not enact an authorization for fiscal year 1998. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118), waived the requirements 
for authorization, and title II of that Act (111 Stat. 2399) provided 
the following:

   ``nonproliferation, anti-terrorism, demining and related programs

    ``For necessary expenses for nonproliferation, anti-terrorism and 
related programs and activities, $133,000,000, to carry out the 
provisions of chapter 8 of part II of the Foreign Assistance Act of 
1961 for anti-terrorism assistance, section 504 of the FREEDOM Support 
Act for the Nonproliferation and Disarmament Fund, section 23 of the 
Arms Export Control Act or the Foreign Assistance Act of 1961 for 
demining, the clearance of unexploded ordnance, and related activities, 
notwithstanding any other provision of law, including activities 
implemented through nongovernmental and international organizations, 
section 301 of the Foreign Assistance Act of 1961 for a voluntary 
contribution to the International Atomic Energy Agency (IAEA) and a 
voluntary contribution to the Korean Peninsula Energy Development 
Organization (KEDO): Provided, That of this amount not to exceed 
$15,000,000, to remain available until expended, may be made available 
for the Nonproliferation and Disarmament Fund, notwithstanding any 
other provision of law, to promote bilateral and multilateral 
activities relating to nonproliferation and disarmament: Provided 
further, That such funds may also be used for such countries other than 
the new independent states of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so: Provided further, That such funds shall be 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That funds appropriated under this 
heading may be made available for the International Atomic Energy 
Agency only if the Secretary of State determines (and so reports to the 
Congress) that Israel is not being denied its right to participate in 
the activities of that Agency: Provided further, That not to exceed 
$30,000,000 may be made available to the Korean Peninsula Energy 
Development Organization (KEDO) only for the administrative expenses 
and heavy fuel oil costs associated with the Agreed Framework: Provided 
further, That such funds may be obligated to KEDO only if, 30 days 
prior to such obligation of funds, the President certifies and so 
reports to Congress that: (1)(A) the parties to the Agreed Framework 
are taking steps to assure that progress is made on the implementation 
of the January 1, 1992, Joint Declaration on the Denuclearization of 
the Korean Peninsula and the implementation of the North-South 
dialogue, and (B) North Korea is complying with the other provisions of 
the Agreed Framework between North Korea and the United States and with 
the Confidential Minute; (2) North Korea is cooperating fully in the 
canning and safe storage of all spent fuel from its graphite-moderated 
nuclear reactors and that such canning and safe storage is scheduled to 
be completed by April 1, 1998; and (3) North Korea has not 
significantly diverted assistance provided by the United States for 
purposes for which it was not intended: Provided further, That the 
President may waive the certification requirements of the preceding 
proviso if the President determines that it is vital to the national 
security interests of the United States: Provided further, That no 
funds may be obligated for KEDO until 30 calendar days after submission 
to Congress of the waiver permitted under the preceding proviso: 
Provided further, That the obligation of any funds for KEDO shall be 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That the Secretary of State shall 
submit to the appropriate congressional committees an annual report (to 
be submitted with the annual presentation for appropriations) providing 
a full and detailed accounting of the fiscal year request for the 
United States contribution to KEDO, the expected operating budget of 
KEDO, to include unpaid debt, proposed annual costs associated with 
heavy fuel oil purchases, and the amount of funds pledged by other 
donor nations and organizations to support KEDO activities on a per 
country basis, and other related activities: Provided further, That of 
the funds made available under this heading, up to $10,000,000 may be 
made available to KEDO, in addition to funds otherwise made available 
under this heading for KEDO, if the Secretary of State certifies and 
reports to the Committees on Appropriations that, except for the funds 
made available under this proviso, funds sufficient to cover all 
outstanding debts owed by KEDO for heavy fuel oil have been provided to 
KEDO by donors other than the United States.''.
    Title III of that Act (111 Stat. 2401) provided the following:

                  ``foreign military financing program

    ``For expenses necessary for grants to enable the President to 
carry out the provisions of section 23 of the Arms Export Control Act, 
$3,296,550,000: Provided, That of the funds appropriated under this 
heading, not less than $1,800,000,000 shall be available for grants 
only for Israel, and not less than $1,300,000,000 shall be made 
available for grants only for Egypt: Provided further, That the funds 
appropriated by this paragraph for Israel shall be disbursed within 30 
days of enactment of this Act or by October 31, 1997, whichever is 
later: Provided further, That to the extent that the Government of 
Israel requests that funds be used for such purposes, grants made 
available for Israel by this paragraph shall, as agreed by Israel and 
the United States, be available for advanced weapons systems, of which 
not less than $475,000,000 shall be available for the procurement in 
Israel of defense articles and defense services, including research and 
development: Provided further, That of the funds appropriated by this 
paragraph, not less than $75,000,000 shall be available for assistance 
for Jordan: Provided further, That during fiscal year 1998 the 
President is authorized to, and shall, direct drawdowns of defense 
articles from the stocks of the Department of Defense, defense services 
of the Department of Defense, and military education and training of an 
aggregate value of not less than $25,000,000 under the authority of 
this proviso for Jordan for the purposes of part II of the Foreign 
Assistance Act of 1961, and any amount so directed shall count toward 
meeting the earmark in the previous proviso: Provided further, That 
section 506(c) of the Foreign Assistance Act of 1961 shall apply, and 
section 632(d) of the Foreign Assistance Act of 1961 shall not apply, 
to any such drawdown: Provided further, That of the funds appropriated 
by this paragraph, a total of $18,300,000 should be available for 
assistance for Estonia, Latvia, and Lithuania: Provided further, That 
none of the funds made available under this heading shall be available 
for any non-NATO country participating in the Partnership for Peace 
Program except through the regular notification procedures of the 
Committees on Appropriations: Provided further, That funds appropriated 
by this paragraph shall be nonrepayable notwithstanding any requirement 
in section 23 of the Arms Export Control Act: Provided further, That 
funds made available under this paragraph shall be obligated upon 
apportionment in accordance with paragraph (5)(C) of title 31, United 
States Code, section 1501(a): Provided further, That $50,000,000 of the 
funds appropriated or otherwise made available under this heading 
should be made available for the purpose of facilitating the 
integration of Poland, Hungary, and the Czech Republic into the North 
Atlantic Treaty Organization.
    ``For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of direct loans authorized by section 23 of the 
Arms Export Control Act as follows: cost of direct loans, $60,000,000: 
Provided, That these funds are available to subsidize gross obligations 
for the principal amount of direct loans of not to exceed $657,000,000: 
Provided further, That the rate of interest charged on such loans shall 
be not less than the current average market yield on outstanding 
marketable obligations of the United States of comparable maturities: 
Provided further, That funds appropriated under this paragraph shall be 
made available for Greece and Turkey only on a loan basis, and the 
principal amount of direct loans for each country shall not exceed the 
following: $105,000,000 only for Greece and $150,000,000 only for 
Turkey.
    ``None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurements may be financed with such funds: 
Provided, That all country and funding level increases in allocations 
shall be submitted through the regular notification procedures of 
section 515 of this Act: Provided further, That none of the funds 
appropriated under this heading shall be available for Sudan and 
Liberia: Provided further, That funds made available under this heading 
may be used, notwithstanding any other provision of law, for demining, 
the clearance of unexploded ordnance, and related activities and may 
include activities implemented through nongovernmental and 
international organizations: Provided further, That only those 
countries for which assistance was justified for the ``Foreign Military 
Sales Financing Program'' in the fiscal year 1989 congressional 
presentation for security assistance programs may utilize funds made 
available under this heading for procurement of defense articles, 
defense services or design and construction services that are not sold 
by the United States Government under the Arms Export Control Act: 
Provided further, That, subject to the regular notification procedures 
of the Committees on Appropriations, funds made available under this 
heading for the cost of direct loans may also be used to supplement the 
funds available under this heading for grants, and funds made available 
under this heading for grants may also be used to supplement the funds 
available under this heading for the cost of direct loans: Provided 
further, That funds appropriated under this heading shall be expended 
at the minimum rate necessary to make timely payment for defense 
articles and services: Provided further, That not more than $23,250,000 
of the funds appropriated under this heading may be obligated for 
necessary expenses, including the purchase of passenger motor vehicles 
for replacement only for use outside of the United States, for the 
general costs of administering military assistance and sales: Provided 
further, That none of the funds under this heading shall be available 
for Guatemala: Provided further, That not more than $350,000,000 of 
funds realized pursuant to section 21(e)(1)(A) of the Arms Export 
Control Act may be obligated for expenses incurred by the Department of 
Defense during fiscal year 1998 pursuant to section 43(b) of the Arms 
Export Control Act, except that this limitation may be exceeded only 
through the regular notification procedures of the Committees on 
Appropriations.''.
    Title V of that Act provided the following:

                 ``deobligation/reobligation authority

    ``Sec. 510. [111 Stat. 2407] (a) * * *
    ``(b) Obligated balances of funds appropriated to carry out section 
23 of the Arms Export Control Act as of the end of the fiscal year 
immediately preceding the current fiscal year are, if deobligated, 
hereby continued available during the current fiscal year for the same 
purpose under any authority applicable to such appropriations under 
this Act: Provided, That the authority of this subsection may not be 
used in fiscal year 1998.

        *        *        *        *        *        *        *        

                      ``notification requirements

    ``Sec. 515. [111 Stat. 2409] * * * Provided, That the President 
shall not enter into any 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, not previously justified to Congress or 20 percent in 
excess of the quantities justified to Congress unless the Committees on 
Appropriations are notified 15 days in advance of such commitment:''.
    87 The Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2413; 
22 U.S.C. 2763 note), provided the following:

                ``commercial leasing of defense articles

    ``Sec. 528. Notwithstanding any other provision of law, and subject 
to the regular notification procedures of the Committees on 
Appropriations, the authority of section 23(a) of the Arms Export 
Control Act may be used to provide financing to Israel, Egypt and NATO 
and major non-NATO allies for the procurement by leasing (including 
leasing with an option to purchase) of defense articles from United 
States commercial suppliers, not including Major Defense Equipment 
(other than helicopters and other types of aircraft having possible 
civilian application), if the President determines that there are 
compelling foreign policy or national security reasons for those 
defense articles being provided by commercial lease rather than by 
government-to-government sale under such Act.''.
    \88\ The last sentence of subsec. (a) was added by sec. 572 of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1988 (Continuing Appropriations for 1988, Public 
Law 100-202).
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    (b) The President shall require repayment in United States 
dollars within a period not to exceed twelve years \89\ after 
the loan agreement with the country or international 
organization is signed on behalf of the United States 
Government, unless a longer period is specifically authorized 
by statute for that country or international organization.

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    \89\ Sec. 208(a) of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 739) originally 
substituted ``twelve years'' in lieu of ``ten years''. Sec. 208(b) of 
the same Act went on to say, ``The amendment made by subsection (a) 
shall apply with respect to financing under agreements entered into on 
or after the date of enactment of this Act for the procurement of 
defense articles to be delivered, or defense services to be rendered, 
after such date''.
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    (c)(1) The President shall charge interest under this 
section at such rate as he may determine, except that such rate 
may not be less than 5 percent per year.
    (2) For purposes of financing provided under this section--
          (A) the term ``concessional rate of interest'' means 
        any rate of interest which is less than market rates of 
        interest; and
          (B) the term ``market rate of interest'' means any 
        rate of interest which is equal to or greater than the 
        current average interest rate (as of the last day of 
        the month preceding the financing of the procurement 
        under this section) that the United States Government 
        pays on outstanding marketable obligations of 
        comparable maturity.
    (d) References in any law to credits extended under this 
section shall be deemed to include reference to participations 
in credits.
    (e) \90\ (1) Funds made available to carry out this section 
may be used by a foreign country to make payments of principal 
and interest which it owes to the United States Government on 
account of credits previously extended under this section or 
loans previously guaranteed under section 24, subject to 
paragraph (2).

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    \90\ Subsec. (e) was added by sec. 580 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1991 (Public 
Law 101-513; 104 Stat. 2045).
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    (2) Funds made available to carry out this section may not 
be used for prepayment of principal or interest pursuant to the 
authority of paragraph (1).
    (f) \91\ For each fiscal year, the Secretary of Defense, as 
requested by the Director of the Defense Security Assistance 
Agency, shall conduct audits on a nonreimbursable basis of 
private firms that have entered into contracts with foreign 
governments under which defense articles, defense services, or 
design and construction services are to be procured by such 
firms for such governments from financing under this section.

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    \91\ Sec. 102(a) of Public Law 104-164 (110 Stat. 1422) added 
subsec. (f).
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    (g) \92\ (1) For each country and international 
organization that has been approved for cash flow financing 
under this section, any letter of offer and acceptance or other 
purchase agreement, or any amendment thereto, for a procurement 
of defense articles, defense services, or design and 
construction services in excess of $100,000,000 that is to be 
financed in whole or in part with funds made available under 
this Act or the Foreign Assistance Act of 1961 shall be 
submitted to the congressional committees specified in section 
634A(a) of the Foreign Assistance Act of 1961 in accordance 
with the procedures applicable to reprogramming notifications 
under that section.

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    \92\ Sec. 102(b) of Public Law 104-164 (110 Stat. 1422) added 
subsec. (g).
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    (2) For purposes of this subsection, the term ``cash flow 
financing'' has the meaning given such term in subsection (d) 
of section 25, as added by section 112(b) of Public Law 99-83.
    (h) \93\ Of the amounts made available for a fiscal year to 
carry out this section, not more than $100,000,000 for such 
fiscal year may be made available for countries other than 
Israel and Egypt for the purpose of financing the procurement 
of defense articles, defense services, and design and 
construction services that are not sold by the United States 
Government under this Act.

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    \93\ Sec. 102(c) of Public Law 104-164 (110 Stat. 1422) added 
subsec. (h).
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    Sec. 24.\94\ Guaranties.--(a) The President may guarantee 
any individual, corporation, partnership, or other juridical 
entity doing business in the United States (excluding United 
States Government agencies other than the Federal Financing 
Bank) \95\ against political and credit risks of nonpayment 
arising out of their financing of credit sales of defense 
articles, defense services, and design and construction 
services \72\ to friendly countries and international 
organizations. Fees shall be charged for such guaranties.

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    \94\ 22 U.S.C. 2764.
    \95\ Sec. 45(a)(3) of the FA Act of 1974 inserted ``(excluding 
United States Government agencies other than the Federal Financing 
Bank)'' in lieu of ``(excluding United States Government agencies)''.
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    (b) The President may sell to any individual, corporation, 
partnership, or other juridical entity (excluding United States 
Government agencies other than the Federal Financing Bank) \95\ 
promissory notes issued by friendly countries and international 
organizations as evidence of their obligations to make 
repayments to the United States on account of credit sales 
financed under section 23, and may guarantee payment thereof.
    (c) \96\ Funds obligated under this section before the date 
of enactment of the International Security and Development 
Cooperation Act of 1980 which constitute a single reserve for 
the payment of claims under guaranties issued under this 
section shall remain available for expenditure for the purposes 
of this section on and after that date. That single reserve 
may, on and after the date of enactment of the International 
Security and Development Cooperation Act of 1985, be referred 
to as the ``Guaranty Reserve Fund.'' Funds provided for 
necessary expenses to carry out the provisions of section 23 of 
the Arms Export Control Act and of section 503 of the Foreign 
Assistance Act of 1961, as amended, may be used to pay claims 
on the Guaranty Reserve Fund to the extent that funds in the 
Guaranty Reserve Fund are inadequate for that purpose.

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    \96\ Subsec. (c), as amended by the FA Act of 1973 and the FA Act 
of 1974, was further amended and restated by sec. 104(a) of the 
International Security and Development Cooperation Act of 1980 (Public 
Law 96-533; 94 Stat. 3132). It formerly read as follows:
    ``(c) Funds made available to carry out this Act shall be obligated 
in an amount equal to 10 per centum of the principal amount of 
contractual liability related to any guaranty issued under this 
section, and all the funds so obligated shall constitute a single 
reserve for the payment of claims under such guaranties. Any funds so 
obligated which are deobligated from time to time during any current 
fiscal year as being in excess of the amount necessary to maintain a 
fractional reserve of 10 per centum in the principal amount of 
contractual liability under outstanding guaranties shall be transferred 
to the general fund of the Treasury. Any guaranties issued hereunder 
shall be backed by the full faith and credit of the United States.''.
    Sec. 106 (b) and (c) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 196) amended 
subsec. (c) by deleting the following text:
    ``The President shall report promptly to the Congress whenever the 
payment of a claim under any such guaranty reduces the total amount of 
funds in the single reserve under this subsection to an amount less 
than $750,000,000, together with his recommendations for the 
authorization of appropriations of additional funds for such 
reserve.''.
    It also added the text beginning with ``That single reserve'' and 
continued with the following:
    ``Funds authorized to be appropriated by section 31(a) to carry out 
this Act which are allocated for credits at market rates of interest 
may be used to pay claims under such guarantees to the extent funds in 
the Guaranty Reserve Fund are inadequate for that purpose.''.
    The Supplemental Appropriations Act, 1987 (Public Law 100-71; 101 
Stat. 409), deleted this text and replaced it with the present 
language.
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    For purposes of any provision in this Act or any other Act 
relating to a prohibition or limitation on the availability of 
funds under this Act, whenever a guaranty is issued under this 
section, the principal amount of the loan so guaranteed shall 
be deemed to be funds made available for use under this Act. 
Any guaranties issued hereunder shall be backed by the full 
faith and credit of the United States.
    Sec. 25.\97\ Annual Estimate and Justification for Sales 
Program.--(a) Except as provided in subsection (d) of this 
section,\98\ no later than February 1 of each year, the 
President shall transmit to the appropriate congressional 
committees,\99\ as a part of the annual presentation materials 
for security assistance programs proposed for the next fiscal 
year, a report which sets forth--

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    \97\ 22 U.S.C. 2765. Popularly referred to as the ``Javits 
report''. Sec. 25, as added by sec. 209(a) of Public Law 94-329 (90 
Stat. 739), amended by sec. 18 of Public Law 95-384 (92 Stat. 740), 
secs. 13 and 14 of Public Law 96-92 (93 Stat. 706), by secs. 104 and 
107 of Public Law 96-533 (94 Stat. 3183), was amended and restated by 
sec. 732 of the International Security and Development Cooperation Act 
of 1981 (Public Law 97-113; 95 Stat. 1557). The previous text of sec. 
25 required information similar to that specified in new paragraphs (1) 
through (4), (7), and (8). Much of the remaining information now 
required by sec. 25, was formerly required by other statutes as 
follows: par. (6)--sec. 43(c) of the Arms Export Control Act; par. 
(9)--sec. 668 of the Foreign Assistance Act of 1961; par. (10)--sec. 
714 of the International Security and Development Cooperation Act of 
1980; and par. (11)--sec. 634(a)(4) of the Foreign Assistance Act of 
1961.
    \98\ Subsec. (d) and the reference to it at the beginning of 
subsec. (a) were added by secs. 113 (1) and (2) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 198).
    \99\ Sec. 519(1) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2411), struck out ``Congress'' and inserted in lieu thereof 
``appropriate congressional committees''.
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          (1) \100\ an Arms Sales Proposal covering all sales 
        and licensed commercial exports under this Act of major 
        weapons or weapons-related defense equipment for 
        $7,000,000 or more, or of any other weapons or weapons-
        related defense equipment for $25,000,000 or more, 
        which are considered eligible for approval during the 
        current calendar year, together with an indication of 
        which sales and licensed commercial exports are deemed 
        most likely actually to result in the issuance of a 
        letter of offer or of an export license during such 
        year;

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    \100\ Sec. 519 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 
Stat. 1631), provided the following:

                        ``reporting requirement

    ``Sec. 519. The President shall submit to the Committees on 
Appropriations the reports required by section 25(a)(1) of the Arms 
Export Control Act.''.
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          (2) an estimate of the total amount of sales and 
        licensed commercial exports expected to be made to each 
        foreign nation from the United States;
          (3) the United States national security 
        considerations involved in expected sales or licensed 
        commercial exports to each country, an analysis of the 
        relationship between anticipated sales to each country 
        and arms control efforts concerning such country and an 
        analysis of the impact of such anticipated sales on the 
        stability of the region that includes such country;
          (4) an estimate with regard to the international 
        volume of arms traffic to and from nations purchasing 
        arms as set forth in paragraphs (1) and (2) of this 
        subsection, together with best estimates of the sale 
        and delivery of weapons and weapons-related defense 
        equipment by all major arms suppliers to all major 
        recipient countries during the preceding fiscal year;
          (5)(A) \101\ an estimate of the aggregate dollar 
        value and quantity of defense articles and defense 
        services, military education and training, grant 
        military assistance, and credits and guarantees, to be 
        furnished by the United States to each foreign country 
        and international organization in the next fiscal year; 
        and

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    \101\ Subpar. (B) and the designation for subpar. (A) were added by 
sec. 112(a) of the International Security and Development Cooperation 
Act of 1985 (Public Law 99-83; 99 Stat. 198).
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          (B) \101\ for each country that is proposed to be 
        furnished credits or guaranties under this Act in the 
        next fiscal year and that has been approved for cash 
        flow financing (as defined in subsection (d) of this 
        section) in excess of $100,000,000 as of October 1 of 
        the current fiscal year--
                  (i) the amount of such approved cash flow 
                financing,
                  (ii) a description of administrative ceilings 
                and controls applied, and
                  (iii) a description of the financial 
                resources otherwise available to such country 
                to pay such approved cash flow financing;
          (6) an analysis and description of the services 
        performed during the preceding fiscal year by officers 
        and employees of the United States Government carrying 
        out functions on a full-time basis under this Act for 
        which reimbursement is provided under section 43(b) or 
        section 21(a) of this Act, including the number of 
        personnel involved in performing such services;
          (7) the total amount of funds in the reserve under 
        section 24(c) at the end of the fiscal year immediately 
        preceding the fiscal year in which a report under this 
        section is made, together with an assessment of the 
        adequacy of such total amount of funds as a reserve for 
        the payment of claims under guaranties issued pursuant 
        to section 24 in view of the current debt servicing 
        capacity of borrowing countries, as reported to the 
        Congress pursuant to section 634(a)(5) of the Foreign 
        Assistance Act of 1961;
          (8) a list of all countries with respect to which 
        findings made by the President pursuant to section 
        3(a)(1) of this Act are in effect on the date of such 
        transmission;
          (9) the progress made under the program of the 
        Republic of Korea to modernize its armed forces, the 
        role of the United States in mutual security efforts in 
        the Republic of Korea and the military balance between 
        the People's Republic of Korea and the Republic of 
        Korea;
          (10) the amount and nature of Soviet military 
        assistance to the armed forces of Cuba during the 
        preceding fiscal year and the military capabilities of 
        those armed forces;
          (11) the status of each loan and each contract of 
        guaranty or insurance theretofore made under the 
        Foreign Assistance Act of 1961, predecessor Acts, or 
        any Act authorizing international security assistance, 
        with respect to which there remains outstanding any 
        unpaid obligation or potential liability; the status of 
        each extension of credit for the procurement of defense 
        articles or defense services, and of each contract of 
        guaranty in connection with any such procurement, 
        theretofore made under the Arms Export Control Act with 
        respect to which there remains outstanding any unpaid 
        obligation or potential liability; \102\

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    \102\ Sec. 102(d) of Public Law 104-164 (110 Stat. 1423) struck out 
``and'' at the end of para. (11); redesignated para. (12) as para. 
(13); and added a new para. (12).
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          (12) \102\ (A) a detailed accounting of all articles, 
        services, credits, guarantees, or any other form of 
        assistance furnished by the United States to each 
        country and international organization, including 
        payments to the United Nations, during the preceding 
        fiscal year for the detection and clearance of 
        landmines, including activities relating to the 
        furnishing of education, training, and technical 
        assistance for the detection and clearance of 
        landmines; and
          (B) for each provision of law making funds available 
        or authorizing appropriations for demining activities 
        described in subparagraph (A), an analysis and 
        description of the objectives and activities undertaken 
        during the preceding fiscal year, including the number 
        of personnel involved in performing such activities; 
        and
          (13) \102\ such other information as the President 
        may deem necessary.
    (b) Not later than thirty days following the receipt of a 
request made by any of the congressional committees described 
in subsection (e) \103\ of the House of Representatives for 
additional information with respect to any information 
submitted pursuant to subsection (a), the President shall 
submit such information to such committee.

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    \103\ Sec. 519(2) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2411), struck out ``the Committee on Foreign Relations of the 
Senate or the Committee on Foreign Affairs'' and inserted in lieu 
thereof ``any of the congressional committees described in subsection 
(e)''.
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    (c) The President shall make every effort to submit all of 
the information required by subsection (a) or (b) wholly in 
unclassified form. Whenever the President submits any such 
information in classified form, he shall submit such classified 
information in an addendum and shall also submit simultaneously 
a detailed summary, in unclassified form, of such classified 
information.
    (d) \98\ The information required by subsection (a)(4) of 
this section shall be transmitted to the Congress no later than 
April 1 of each year.
    (d) \104\ For the purposes of subsection (a)(5)(B) of this 
section, the term ``cash flow financing'' means the dollar 
amount of the difference between the total estimated price of a 
Letter of Offer and Acceptance or other purchase agreement that 
has been approved for financing under this Act or under section 
503(a)(3) of the Foreign Assistance Act of 1961 and the amount 
of the financing that has been approved therefor; \104\

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    \104\ Subsec. (d), which probably should read subsec. (e), was 
added to the end of sec. 25 by sec. 112(b) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 198). It should probably end with a period instead of a 
semicolon.
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    (e) \105\ As used in this section, 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.

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    \105\ Sec. 519(3) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2411), added subsec. (e).
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    Sec. 26.\106\ Security Assistance \107\ Surveys.--(a) The 
Congress finds that surveys prepared by the United States for 
foreign countries have had a significant impact on subsequent 
military procurement decisions of those countries. It is the 
policy of the United States that the results of security 
assistance \107\ surveys conducted by the United States clearly 
do not represent a commitment by the United States to provide 
any military equipment to any foreign country. Further, 
recommendations in such surveys should be consistent with the 
arms export control policy provided for in this Act.

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    \106\ 22 U.S.C. 2766. Sec. 26 was added by sec. 19 of the 
International Security Assistance Act of 1978 (Public Law 95-384; 92 
Stat. 740).
    \107\ The term ``security assistance'' was inserted in lieu of 
``defense requirement'' by sec. 114 (a)(1) and (2) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 198).
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    (b) As part of the quarterly report required by section 
36(a) of this Act, the President shall include a list of all 
security assistance surveys authorized during the preceding 
calendar quarter, specifying the country with respect to which 
the survey was or will be conducted, the purpose of the survey, 
and the number of United States Government personnel who 
participated or will participate in the survey.
    (c) Upon a request of the chairman of the Committee on 
Foreign Affairs \108\ of the House of Representatives or the 
chairman of the Committee on Foreign Relations of the Senate, 
the President shall submit to that committee copies of \109\ 
security assistance \107\ surveys conducted by United States 
Government personnel.

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    \108\ Sec. 9(a)(7) of the USC Technical Amendments (Public Law 103-
437; 108 Stat. 4588) struck out ``International Relations'' and 
inserted in lieu thereof ``Foreign Affairs''. Subsequently, sec. 
1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that references 
to the Committee on Foreign Affairs of the House of Representatives 
shall be treated as referring to the Committee on International 
Relations of the House of Representatives.
    \109\ Sec. 114(b) of Public Law 99-83 (99 Stat. 199) inserted 
``submit to that committee copies of'' in lieu of ``grant that 
committee access to''.
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    (d) \110\ As used in this section, the term ``security 
assistance surveys'' means any survey or study conducted in a 
foreign country by United States Government personnel for the 
purpose of assessing the needs of that country for security 
assistance, and includes defense requirement surveys, site 
surveys, general surveys or studies, and engineering assessment 
surveys.

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    \110\ Sec. 114(a)(3) of Public Law 99-83 (99 Stat. 198) added 
subsec. (d).
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    Sec. 27.\111\ Authority of President to Enter into 
Cooperative Projects with Friendly Foreign Countries.--(a) The 
President may enter into a cooperative project agreement with 
the North Atlantic Treaty Organization or with one or more 
member countries of that Organization.

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    \111\ 22 U.S.C. 2767. Sec. 27 was added by sec. 15 of the 
International Security Assistance Act of 1979 (Public Law 96-92; 93 
Stat. 706). It was amended and restated by sec. 115 of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 199), at which time it was titled ``North Atlantic 
Treaty Organization Cooperative Projects.'' Its current heading was 
added by sec. 1103(a)(2) of Public Law 99-661 (100 Stat. 3816).
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    (b) As used in this section--
          (1) the term ``cooperative project'' in the case of 
        an agreement with the North Atlantic Treaty 
        Organization \112\ or with one or more member countries 
        of that Organization, means a jointly managed 
        arrangement, described in a written agreement among the 
        parties, which is undertaken in order to further the 
        objectives of standardization, rationalization, and 
        interoperability of the armed forces of North Atlantic 
        Treaty Organization member countries forces and which 
        provides--

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    \112\ The words ``in the case of * * * Organization'' were added by 
sec. 1103(a)(1)(A)(i) of Public Law 99-661 (100 Stat. 3816).
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                  (A) for one or more of the other participants 
                to share with the United States the costs of 
                research on and development, testing, 
                evaluation, or joint production (including 
                follow-on support) of certain defense articles;
                  (B) for concurrent production in the United 
                States and in another member country of a 
                defense article jointly developed in accordance 
                with subparagraph (A); or
                  (C) for procurement by the United States of a 
                defense article or defense service from another 
                member country or for procurement by the United 
                States of munitions from the North Atlantic 
                Treaty Organization or a subsidiary of such 
                organization; \113\

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    \113\ The words to this point beginning with ``or for procurement'' 
were added by sec. 1022 of Public Law 100-180 (101 Stat. 1144).
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          (2) \114\ the term ``cooperative project'', in the 
        case of an agreement entered into under subsection (j), 
        means a jointly managed arrangement, described in a 
        written agreement among the parties, which is 
        undertaken in order to enhance the ongoing 
        multinational effort of the participants to improve the 
        conventional defense capabilities of the participants 
        and which provides--

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    \114\ Sec. 1103(a)(1)(A)(iv) of Public Law 99-661 (100 Stat. 3816) 
added par. (2) and redesignated the previous par. (2) as par. (3).
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                  (A) for one or more of the other participants 
                to share with the United States the costs of 
                research on and development, testing, 
                evaluation, or joint production (including 
                follow-on support) of certain defense articles;
                  (B) for concurrent production in the United 
                States and in the country of another 
                participant of a defense article jointly 
                developed in accordance with subparagraph (A); 
                or
                  (C) for procurement by the United States of a 
                defense article or defense service from another 
                participant to the agreement; and
          (3) \114\ the term ``other participant'' means a 
        participant in a cooperative project other than the 
        United States.
    (c) Each agreement for a cooperative project shall provide 
that the United States and each of the other participants will 
contribute to the cooperative project its equitable share of 
the full cost of such cooperative project and will receive an 
equitable share of the results of such cooperative project. The 
full costs of such cooperative project shall include overhead 
costs, administrative costs, and costs of claims.\115\ The 
United States and the other participants may contribute their 
equitable shares of the full cost of such cooperative project 
in funds or in defense articles or defense services needed for 
such cooperative project. Military assistance and financing 
received from the United States Government may not be used by 
any other participant to provide its share of the cost of such 
cooperative project. Such agreements shall provide that no 
requirement shall be imposed by a participant for worksharing 
or other industrial or commercial compensation in connection 
with such agreement that is not in accordance with such 
agreement.

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    \115\ Sec. 843(a) of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2468) struck out ``and 
administrative costs'' and inserted in lieu thereof ``costs, 
administrative costs, and costs of claims''. Sec. 843(c) of that Act 
further provided:
    ``(c) Termination.--On the date which is two years after the date 
of the enactment of this Act [October 23, 1992], subsections (a) and 
(b) shall cease to be in effect, and section 27(c) of the Arms Export 
Control Act and section 2350a of title 10, United States Code, shall 
read as if such subsections had not been enacted.''.
    Sec. 1318 of the National Defense Authorization Act (Public Law 
103-337; 108 Stat. 2902), however, repealed sec. 843(c), making 
permanent the authority for the Department of Defense to share the cost 
of claims under international armaments cooperative programs.
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    (d) The President may enter into contracts or incur other 
obligations for a cooperative project on behalf of the other 
participants, without charge to any appropriation or contract 
authorization, if each of the other participants in the 
cooperative project agrees (1) to pay its equitable share of 
the contract or other obligation, and (2) to make such funds 
available in such amounts and at such times as may be required 
by the contract or other obligation and to pay any damages and 
costs that may accrue from the performance of or cancellation 
of the contract or other obligation in advance of the time such 
payments, damages, or costs are due.
    (e)(1) For those cooperative projects entered into on or 
after the effective date of the International Security and 
Development Cooperation Act of 1985, the President may reduce 
or waive the charge or charges which would otherwise be 
considered appropriate under section 21(e) of this Act in 
connection with sales under sections 21 and 22 of this Act when 
such sales are made as part of such cooperative project, if the 
other participants agree to reduce or waive corresponding 
charges.
    (2) Notwithstanding provisions of section 21(e)(1)(A) and 
section 43(b) of this Act, administrative surcharges shall not 
be increased on other sales made under this Act in order to 
compensate for reductions or waivers of such surcharges under 
this section. Funds received pursuant to such other sales shall 
not be available to reimburse the costs incurred by the United 
States Government for which reduction or waiver is approved by 
the President under this section.
    (f) Not less than 30 days before a cooperative project 
agreement is signed on behalf of the United States, the 
President shall transmit to the Speaker of the House of 
Representatives, the chairman of the Committee on Foreign 
Relations of the Senate, and the chairman of the Committee on 
Armed Services of the Senate, a numbered certification with 
respect to such proposed agreement, setting forth--
          (1) a detailed description of the cooperative project 
        with respect to which the certification is made;
          (2) an estimate of the quantity of the defense 
        articles expected to be produced in furtherance of such 
        cooperative project;
          (3) an estimate of the full cost of the cooperative 
        project, with an estimate of the part of the full cost 
        to be incurred by the United States Government, 
        including an estimate of the costs as a result of 
        waivers of section 21(e)(1)(A) and 43(b) of this 
        Act,\116\ for its participation in such cooperative 
        project and an estimate of that part of the full costs 
        to be incurred by the other participants;

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    \116\ The words to this point beginning with ``including'' were 
added by sec. 1103(a)(1)(B) of Public Law 99-661 (100 Stat. 3816).
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          (4) an estimate of the dollar value of the funds to 
        be contributed by the United States and each of the 
        other participants on behalf of such cooperative 
        project;
          (5) a description of the defense articles and defense 
        services expected to be contributed by the United 
        States and each of the other participants on behalf of 
        such cooperative project;
          (6) a statement of the foreign policy and national 
        security benefits anticipated to be derived from such 
        cooperative project; and
          (7) to the extent known, whether it is likely that 
        prime contracts will be awarded to particular prime 
        contractors or that subcontracts will be awarded to 
        particular subcontractors to comply with the proposed 
        agreement.
    (g) In the case of a cooperative project with a North 
Atlantic Treaty Organization country, section \117\ 36(b) of 
this Act shall not apply to sales made under section 21 or 22 
of this Act and to production and exports made pursuant to 
cooperative projects under this section, and section 36(c) of 
this Act shall not apply to the issuance of licenses or other 
approvals under section 38 of this Act, if such sales are made, 
such production and exports ensue, or such licenses or 
approvals are issued, as part of a cooperative project.

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    \117\ The words to this point beginning with ``In the case of'' 
were added by sec. 1103(a)(1)(c) of Public Law 99-661 (100 Stat. 3816).
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    (h) The authority under this section is in addition to the 
authority under sections 21 and 22 of this Act and under any 
other provision of law.
    (i)(1) With the approval of the Secretary of State and the 
Secretary of Defense, a cooperative agreement which was entered 
into by the United States before the effective date of the 
amendment to this section made by the International Security 
and Development Cooperation Act of 1985 and which meets the 
requirements of this section as so amended may be treated on 
and after such date as having been made under this section as 
so amended.
    (2) Notwithstanding the amendment made to this section made 
by the International Security and Development Cooperation Act 
of 1985, projects entered into under the authority of this 
section before the effective date of that amendment may be 
carried through to conclusion in accordance with the terms of 
this section as in effect immediately before the effective date 
of that amendment.
    (j) \118\ (1) The President may enter into a cooperative 
project agreement with any friendly foreign country not a 
member of the North Atlantic Treaty Organization under the same 
general terms and conditions as the President is authorized to 
enter into such an agreement with one or more member countries 
of the North Atlantic Treaty Organization if the President 
determines that the cooperative project agreement with such 
country would be in the foreign policy or national security 
interests of the United States.

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    \118\ Subsec. (j) was added by sec. 1103(a)(1)(D) of Public Law 99-
661 (100 Stat. 3816).
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    (2) Not later than January 1 of each year, the President 
shall submit to the Committees on Armed Services and Foreign 
Relations of the Senate and to the Committees on Armed Services 
and Foreign Affairs \119\ of the House of Representatives a 
report specifying (A) the countries eligible for participation 
in such a cooperative project agreement under this subsection, 
and (B) the criteria used to determine the eligibility of such 
countries.

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    \119\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    Sec. 28.\120\ * * * [Repealed--1996]

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    \120\ Formerly at 22 U.S.C. 2768. Sec. 28--Reports on Price and 
Availability Estimates-- was repealed by sec. 1064(a) of the National 
Defense Authorization Act for Fiscal year 1996 (Public Law 104-106; 110 
Stat. 445).
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         Chapter 2A--FOREIGN MILITARY CONSTRUCTION SALES \121\

    Sec. 29.\122\ Foreign Military Construction Sales.--The 
President may sell design and construction services to any 
eligible foreign country or international organization if such 
country or international organization agrees to pay in United 
States dollars not less than the full cost to the United States 
Government of furnishing such services. Payment shall be made 
to the United States Government in advance of the performance 
of such services by officers or employees of the United States 
Government. The President may, without requirement for charge 
to any appropriation or contract authorization otherwise 
provided, enter into contracts for the procurement of design 
and construction services for sale under this section if such 
country or international organization provides the United 
States Government with a dependable undertaking (1) to pay the 
full amount of such contract which will assure the United 
States Government against any loss on the contract, and (2) to 
make funds available in such amounts and at such time as may be 
required to meet the payments required by the contract and any 
damages and costs that may accrue from the cancellation of such 
contract, in advance of the time such payments, damages, or 
costs are due.

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    \121\ Chapter 2A was added by sec. 105 of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3133).
    \122\ 22 U.S.C. 2769.
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Chapter 2B--SALES TO UNITED STATES COMPANIES FOR INCORPORATION INTO END 
                                 ITEMS

    Sec. 30.\123\ General Authority.--(a) Subject to the 
conditions specified in subsection (b) of this section, the 
President may, on a negotiated contract basis, under cash terms 
(1) sell defense articles at not less than their estimated 
replacement cost (or actual cost in the case of services), or 
(2) procure or manufacture and sell defense articles at not 
less than their contract or manufacturing cost to the United 
States Government, to any United States company for 
incorporation into end items (and for concurrent or follow-on 
support) to be sold by such a company either (i) \124\ on a 
direct commercial basis to a friendly foreign country or 
international organization pursuant to an export license or 
approval under section 38 of this Act or (ii) \124\ in the case 
of ammunition parts subject to subsection (b) of this section, 
using commercial practices which restrict actual delivery 
directly to a friendly foreign country or international 
organization pursuant to approval under section 38 of this Act. 
The President may also sell defense services in support of such 
sales of defense articles, subject to the requirements of this 
chapter: Provided, however, That such services may be performed 
only in the United States. The amount of reimbursement received 
from such sales shall be credited to the current applicable 
appropriation, fund, or account of the selling agency of the 
United States Government.

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    \123\ 22 U.S.C. 2770. Sec. 30 was added by sec. 1 of Public Law 97-
392 (96 Stat. 1962).
    \124\ Section 9097 of the Department of Defense Appropriations Act, 
1990 (Public Law 101-165; 103 Stat. 1150), amended sec. 30(a) by adding 
designations ``(i)'' and ``(ii)'' and adding text after ``(ii)'' to end 
of sentence.
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    (b) Defense articles and defense services may be sold, 
procured and sold, or manufactured and sold, pursuant to 
subsection (a) of this section only if (1) the end item to 
which the articles apply is to be procured for the armed forces 
of a friendly country or international organization, (2) the 
articles would be supplied to the prime contractor as 
government-furnished equipment or materials if the end item 
were being procured for the use of the United States Armed 
Forces, and (3) the articles and services are available only 
from United States Government sources or are not available to 
the prime contractor directly from United States commercial 
sources at such times as may be required to meet the prime 
contractor's delivery schedule.
    (c) For the purpose of this section, the terms ``defense 
articles'' and ``defense services'' mean defense articles and 
defense services as defined in sections 47(3) and 47(4) of this 
Act.

       Chapter 2C \125\--EXCHANGE OF TRAINING AND RELATED SUPPORT

    Sec. 30A.\125\ Exchange of Training and Related Support.--
(a) Subject to subsection (b), the President may provide 
training and related support to military and civilian defense 
personnel of a friendly foreign country or an international 
organization. Such training and related support shall be 
provided by a Secretary of a military department and may 
include the provision of transportation, food services, health 
services, and logistics and the use of facilities and 
equipment.

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    \125\ 22 U.S.C. 2770a. Chapter 2C (sec. 30A) was added by sec. 116 
of the International Security and Development Cooperation Act of 1985 
(Public Law 99-83; 99 Stat. 202).
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    (b) Training and related support may be provided under this 
section only pursuant to an agreement or other arrangements 
providing for the provision by the recipient foreign country or 
international organization, on a reciprocal basis, of 
comparable training and related support to military and 
civilian personnel under the jurisdiction of the Secretary of 
the military department providing the training and related 
support under this section. Such reciprocal training and 
related support must be provided within a reasonable period of 
time (which may not be more than one year) of the provision of 
training and related support by the United States. To the 
extent that a foreign country or international organization to 
which training and related support is provided under this 
section does not provide such comparable training and related 
support to the United States within a reasonable period of 
time, that country or international organization shall be 
required to reimburse the United States for the full costs of 
the training and related support provided by the United States.
    (c) Training and related support under this section shall 
be provided under regulations prescribed by the President.
    (d) Not later than February 1 of each year, the President 
shall submit to the Congress a report on the activities 
conducted pursuant to this section during the preceding fiscal 
year, including the estimated full costs of the training and 
related support provided by the United States to each country 
and international organization and the estimated value of the 
training and related support provided to the United States by 
that country or international organization.

                  Chapter 3--MILITARY EXPORT CONTROLS

    Sec. 31.\126\, \127\ Authorization and Aggregate 
Ceiling on Foreign Military Sales Credits.--(a) There are 
authorized to be appropriated to the President to carry out 
this Act $5,371,000,000 for fiscal year 1986 and $5,371,000,000 
for fiscal year 1987.\127\ Credits may not be extended under 
section 23 of this Act in an amount, and loans may not be 
guaranteed under section 24(a) of this Act in a principal 
amount, which exceeds any maximum amount which may be 
established with respect to such credits or such loan 
guarantees in legislation appropriating funds to carry out this 
Act.\128\ Unobligated balances of funds made available pursuant 
to this section are hereby authorized to be continued available 
by appropriations legislation to carry out this Act.

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    \126\ 22 U.S.C. 2771.
     \127\ The authorization figures for years 1986 and 1987 were added 
by sec. 101(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 193). Past figures 
authorized under sec. 31(a) are as follows: fiscal year 1969--
$269,000,000; fiscal year 1970--$250,000,000; fiscal year 1971--
$250,000,000; fiscal year 1972--$400,000,000; fiscal year 1974--
$325,000,000; fiscal year 1975--$1,039,000,000; fiscal year 1977--
$740,000,000; fiscal year 1978--$682,000,000; fiscal year 1979--
$674,300,000; fiscal year 1980--$673,500,000; fiscal year 1981--
$500,000,000; fiscal year 1982--$800,000,000; fiscal year 1983--
$800,000,000; fiscal year 1984--$1,315,000,000; fiscal year 1985--no 
authorization; fiscal year 1988--no authorization; fiscal year 1989--no 
authorization; fiscal year 1990--no authorization; fiscal year 1991--no 
authorization; fiscal year 1992--no authorization; fiscal year 1993--no 
authorization; fiscal year 1994--no authorization; fiscal year 1995--no 
authorization; fiscal year 1996--no authorization; fiscal year 1997--no 
authorization.
    Congress did not enact an authorization for fiscal year 1998. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118), waived the requirements 
for authorization, and title II of that Act (111 Stat. 2399) provided 
the following:

   ``nonproliferation, anti-terrorism, demining and related programs

    ``For necessary expenses for nonproliferation, anti-terrorism and 
related programs and activities, $133,000,000, to carry out the 
provisions of chapter 8 of part II of the Foreign Assistance Act of 
1961 for anti-terrorism assistance, section 504 of the FREEDOM Support 
Act for the Nonproliferation and Disarmament Fund, section 23 of the 
Arms Export Control Act or the Foreign Assistance Act of 1961 for 
demining, the clearance of unexploded ordnance, and related activities, 
notwithstanding any other provision of law, including activities 
implemented through nongovernmental and international organizations, 
section 301 of the Foreign Assistance Act of 1961 for a voluntary 
contribution to the International Atomic Energy Agency (IAEA) and a 
voluntary contribution to the Korean Peninsula Energy Development 
Organization (KEDO): Provided, That of this amount not to exceed 
$15,000,000, to remain available until expended, may be made available 
for the Nonproliferation and Disarmament Fund, notwithstanding any 
other provision of law, to promote bilateral and multilateral 
activities relating to nonproliferation and disarmament: Provided 
further, That such funds may also be used for such countries other than 
the new independent states of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so: Provided further, That such funds shall be 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That funds appropriated under this 
heading may be made available for the International Atomic Energy 
Agency only if the Secretary of State determines (and so reports to the 
Congress) that Israel is not being denied its right to participate in 
the activities of that Agency: Provided further, That not to exceed 
$30,000,000 may be made available to the Korean Peninsula Energy 
Development Organization (KEDO) only for the administrative expenses 
and heavy fuel oil costs associated with the Agreed Framework: Provided 
further, That such funds may be obligated to KEDO only if, 30 days 
prior to such obligation of funds, the President certifies and so 
reports to Congress that: (1)(A) the parties to the Agreed Framework 
are taking steps to assure that progress is made on the implementation 
of the January 1, 1992, Joint Declaration on the Denuclearization of 
the Korean Peninsula and the implementation of the North-South 
dialogue, and (B) North Korea is complying with the other provisions of 
the Agreed Framework between North Korea and the United States and with 
the Confidential Minute; (2) North Korea is cooperating fully in the 
canning and safe storage of all spent fuel from its graphite-moderated 
nuclear reactors and that such canning and safe storage is scheduled to 
be completed by April 1, 1998; and (3) North Korea has not 
significantly diverted assistance provided by the United States for 
purposes for which it was not intended: Provided further, That the 
President may waive the certification requirements of the preceding 
proviso if the President determines that it is vital to the national 
security interests of the United States: Provided further, That no 
funds may be obligated for KEDO until 30 calendar days after submission 
to Congress of the waiver permitted under the preceding proviso: 
Provided further, That the obligation of any funds for KEDO shall be 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That the Secretary of State shall 
submit to the appropriate congressional committees an annual report (to 
be submitted with the annual presentation for appropriations) providing 
a full and detailed accounting of the fiscal year request for the 
United States contribution to KEDO, the expected operating budget of 
KEDO, to include unpaid debt, proposed annual costs associated with 
heavy fuel oil purchases, and the amount of funds pledged by other 
donor nations and organizations to support KEDO activities on a per 
country basis, and other related activities: Provided further, That of 
the funds made available under this heading, up to $10,000,000 may be 
made available to KEDO, in addition to funds otherwise made available 
under this heading for KEDO, if the Secretary of State certifies and 
reports to the Committees on Appropriations that, except for the funds 
made available under this proviso, funds sufficient to cover all 
outstanding debts owed by KEDO for heavy fuel oil have been provided to 
KEDO by donors other than the United States.''.
    Title III of that Act (111 Stat. 2401) provided the following:

                  ``foreign military financing program

    ``For expenses necessary for grants to enable the President to 
carry out the provisions of section 23 of the Arms Export Control Act, 
$3,296,550,000: Provided, That of the funds appropriated under this 
heading, not less than $1,800,000,000 shall be available for grants 
only for Israel, and not less than $1,300,000,000 shall be made available for grants only for Egypt: Provided further, That the funds 
appropriated by this paragraph for Israel shall be disbursed within 30 
days of enactment of this Act or by October 31, 1997, whichever is 
later: Provided further, That to the extent that the Government of 
Israel requests that funds be used for such purposes, grants made 
available for Israel by this paragraph shall, as agreed by Israel and 
the United States, be available for advanced weapons systems, of which 
not less than $475,000,000 shall be available for the procurement in 
Israel of defense articles and defense services, including research and 
development: Provided further, That of the funds appropriated by this 
paragraph, not less than $75,000,000 shall be available for assistance 
for Jordan: Provided further, That during fiscal year 1998 the 
President is authorized to, and shall, direct drawdowns of defense 
articles from the stocks of the Department of Defense, defense services 
of the Department of Defense, and military education and training of an 
aggregate value of not less than $25,000,000 under the authority of 
this proviso for Jordan for the purposes of part II of the Foreign 
Assistance Act of 1961, and any amount so directed shall count toward 
meeting the earmark in the previous proviso: Provided further, That 
section 506(c) of the Foreign Assistance Act of 1961 shall apply, and 
section 632(d) of the Foreign Assistance Act of 1961 shall not apply, 
to any such drawdown: Provided further, That of the funds appropriated 
by this paragraph, a total of $18,300,000 should be available for 
assistance for Estonia, Latvia, and Lithuania: Provided further, That 
none of the funds made available under this heading shall be available 
for any non-NATO country participating in the Partnership for Peace 
Program except through the regular notification procedures of the 
Committees on Appropriations: Provided further, That funds appropriated 
by this paragraph shall be nonrepayable notwithstanding any requirement 
in section 23 of the Arms Export Control Act: Provided further, That 
funds made available under this paragraph shall be obligated upon 
apportionment in accordance with paragraph (5)(C) of title 31, United 
States Code, section 1501(a): Provided further, That $50,000,000 of the 
funds appropriated or otherwise made available under this heading 
should be made available for the purpose of facilitating the 
integration of Poland, Hungary, and the Czech Republic into the North 
Atlantic Treaty Organization.
    ``For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of direct loans authorized by section 23 of the 
Arms Export Control Act as follows: cost of direct loans, $60,000,000: 
Provided, That these funds are available to subsidize gross obligations 
for the principal amount of direct loans of not to exceed $657,000,000: 
Provided further, That the rate of interest charged on such loans shall 
be not less than the current average market yield on outstanding 
marketable obligations of the United States of comparable maturities: 
Provided further, That funds appropriated under this paragraph shall be 
made available for Greece and Turkey only on a loan basis, and the 
principal amount of direct loans for each country shall not exceed the 
following: $105,000,000 only for Greece and $150,000,000 only for 
Turkey.
    ``None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurements may be financed with such funds: 
Provided, That all country and funding level increases in allocations 
shall be submitted through the regular notification procedures of 
section 515 of this Act: Provided further, That none of the funds 
appropriated under this heading shall be available for Sudan and 
Liberia: Provided further, That funds made available under this heading 
may be used, notwithstanding any other provision of law, for demining, 
the clearance of unexploded ordnance, and related activities and may 
include activities implemented through nongovernmental and 
international organizations: Provided further, That only those 
countries for which assistance was justified for the ``Foreign Military 
Sales Financing Program'' in the fiscal year 1989 congressional 
presentation for security assistance programs may utilize funds made 
available under this heading for procurement of defense articles, 
defense services or design and construction services that are not sold 
by the United States Government under the Arms Export Control Act: 
Provided further, That, subject to the regular notification procedures 
of the Committees on Appropriations, funds made available under this 
heading for the cost of direct loans may also be used to supplement the 
funds available under this heading for grants, and funds made available 
under this heading for grants may also be used to supplement the funds 
available under this heading for the cost of direct loans: Provided 
further, That funds appropriated under this heading shall be expended 
at the minimum rate necessary to make timely payment for defense 
articles and services: Provided further, That not more than $23,250,000 
of the funds appropriated under this heading may be obligated for 
necessary expenses, including the purchase of passenger motor vehicles 
for replacement only for use outside of the United States, for the 
general costs of administering military assistance and sales: Provided 
further, That none of the funds under this heading shall be available 
for Guatemala: Provided further, That not more than $350,000,000 of 
funds realized pursuant to section 21(e)(1)(A) of the Arms Export 
Control Act may be obligated for expenses incurred by the Department of 
Defense during fiscal year 1998 pursuant to section 43(b) of the Arms 
Export Control Act, except that this limitation may be exceeded only 
through the regular notification procedures of the Committees on 
Appropriations.''.
    Title V of that Act provided the following:

                 ``deobligation/reobligation authority

    ``Sec. 510. [111 Stat. 2407] (a) * * *
    ``(b) Obligated balances of funds appropriated to carry out section 
23 of the Arms Export Control Act as of the end of the fiscal year 
immediately preceding the current fiscal year are, if deobligated, 
hereby continued available during the current fiscal year for the same 
purpose under any authority applicable to such appropriations under 
this Act: Provided, That the authority of this subsection may not be 
used in fiscal year 1998.

    *          *          *          *          *          *          *

                      ``notification requirements

    ``Sec. 515. [111 Stat. 2409] * * * Provided, That the President 
shall not enter into any 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, not previously justified to Congress or 20 percent in 
excess of the quantities justified to Congress unless the Committees on 
Appropriations are notified 15 days in advance of such commitment:''.
    \128\ This sentence was added by sec. 104(d) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3133).
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    (b) \129\ (1) The total amount of credits extended under 
section 23 of this Act shall not exceed $5,371,000,000 for 
fiscal year 1986 and $5,371,000,000 for fiscal year 1987.

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   \129\ Sec. 101(b) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 193), amended and 
restated secs. 31 (b) and (c) and added authorizations for fiscal year 
1986 and fiscal year 1987. Authorizations enacted under previous years 
are as follows: fiscal year 1981--$500,000,000; fiscal year 1982--
$800,000,000; fiscal year 1983--$800,000,000; fiscal year 1984--
$1,315,000; fiscal year 1985--no authorization; fiscal year 1988--no 
authorization; fiscal year 1989--no authorization; fiscal year 1990--no 
authorization; fiscal year 1991--no authorization; fiscal year 1992--no 
authorization; fiscal year 1993--no authorization; fiscal year 1994--no 
authorization. See note 112.
    Sec. 101 (c), (d), (e) and (f) of Public Law 99-83 also included 
specific earmarks and conditions on the use of credits authorized under 
sec. 23 for Israel, Egypt, Greece and Turkey.
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    (2) Of the aggregate amount of financing provided under 
this section, not more than $553,900,000 for fiscal year 1986 
and not more than $553,900,000 for fiscal year 1987 may be made 
available at concessional rates of interest. If a country is 
released from its contractual liability to repay the United 
States Government with respect to financing provided under this 
section, such financing shall not be considered to be financing 
provided at concessional rates of interest for purposes of the 
limitation established by this paragraph.
    (c) \130\ Loans available under section 23 shall be 
provided at rates of interest that are not less than the 
current average market yield on outstanding marketable 
obligations of the United States of comparable maturities.

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    \130\ Sec. 101 of Public Law 104-164 (110 Stat. 1422) amended and 
restated subsec. (c). Amended and restated earlier by sec. 101(b) of 
Public Law 99-83 (99 Stat. 193), it formerly read as follows:
    ``For fiscal year 1986 and fiscal year 1987, the principal amount 
of credits provided under section 23 at market rates of interest with 
respect to Greece, the Republic of Korea, the Philippines, Portugal, 
Spain, Thailand, and Turkey shall (if and to the extent each country so 
desires) be repaid in not more than twenty years, following a grace 
period of ten years on repayment of principal.''.
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    (d) \131\ * * * [Repealed--1996]

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    \131\ Sec. 104(b)(2)(C) of Public Law 104-164 (110 Stat. 1427) 
repealed subsec. (d). The subsection, originally added by sec. 
210(c)(1) of the International Security Assistance and Arms Export 
Control Act of 1976 (Public Law 94-329; 90 Stat. 740), and amended by 
sec. 17(a)(4) of Public Law 96-92 (93 Stat. 709), and by sec. 596(c) of 
Public Law 101-513 (104 Stat. 2062), formerly read as follows:
    ``The aggregate acquisition cost to the United States of excess 
defense articles ordered by the President in any fiscal year after 
fiscal year 1976 for delivery to foreign countries or international 
organizations under the authority of chapter 2 of part II of the 
Foreign Assistance Act of 1961 or pursuant to sales under this Act may 
not exceed $250,000,000 (exclusive of ships and their onboard stores 
and supplies transferred in accordance with law, and of any defense 
articles with respect to which the President submits a certification 
under section 36(b) of this Act).''.
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    Sec. 32.\132\ Prohibition Against Certain Military Export 
Financing by Export-Import Bank.-- * * * [Repealed--1992]

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    \132\ Formerly at 22 U.S.C. 2772; repealed by sec. 112(e)(2) of the 
Export Enhancement Act of 1992 (Public Law 102-429; 106 Stat. 2195). 
Sec. 12(c)(2) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4935) made an identical amendment; 
however, sec. 12(e) of that Act also provided that if an Act to 
reauthorize the Export-Import Bank of the United States with identical 
amendments is enacted, the amendments contained in the reauthorization 
shall be effective. Sec. 32 formerly read as follows:
    ``Notwithstanding any other provision of law, no funds or borrowing 
authority available to the Export-Import Bank of the United States 
shall be used by such Bank to participate in any extension of credit in 
connection with any agreement to sell defense articles and defense 
services entered into with any economically less developed country 
after June 30, 1968.''.
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    Sec. 33.\133\ Restraint in Arms Sales to Sub-Saharan 
Africa.--It is the sense of the Congress that the problems of 
Sub-Saharan Africa are primarily those of economic development 
and that United States policy should assist in limiting the 
development of costly military conflict in that region. 
Therefore, the President shall exercise restraint in selling 
defense articles and defense services, and in providing 
financing for sales of defense articles and defense services, 
to countries in Sub-Saharan Africa.

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    \133\ 22 U.S.C. 2773. Sec. 33 was amended and restated by sec. 18 
of the International Security Assistance Act of 1979 (Public Law 96-92; 
93 Stat. 709). It formerly read as follows:
    ``Sec. 33. Regional Ceiling on Foreign Military Sales.--(a) The 
aggregate of the total amount of military assistance pursuant to the 
Foreign Assistance Act of 1961, as amended, of credits, or 
participations in credits, financed pursuant to section 23, of the 
principal amount of loans guaranteed pursuant to section 24(a), shall, 
excluding training, not exceed $40,000,000 in each fiscal year for 
African countries.
    ``(b) The President may waive the limitations of this section when 
he determines it to be important to the security of the United States 
and promptly so reports to the Speaker of the House of Representatives 
and the Committee on Foreign Relations of the Senate.''.
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    Sec. 34.\134\ Foreign Military Sales Credit Standards.--The 
President shall establish standards and criteria for credit and 
guaranty transactions under sections 23 and 24 in accordance 
with the foreign, national security, and financial policies of 
the United States.

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    \134\ 22 U.S.C. 2774.
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    Sec. 35.\135\ Foreign Military Sales to Less Developed 
Countries.--(a) When the President finds that any economically 
less developed country is diverting development assistance 
furnished pursuant to the Foreign Assistance Act of 1961, as 
amended, or sales under the Agricultural Trade Development and 
Assistance Act of 1954, as amended, to military expenditures, 
or is diverting its own resources to unnecessary military 
expenditures, to a degree which materially interferes with its 
development, such country shall be immediately ineligible for 
further sales and guarantees under sections 21, 22, 23, and 24, 
until the President is assured that such diversion will no 
longer take place.

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    \135\ 22 U.S.C. 2775.
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    (b) \136\ * * * [Repealed--1974]

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    \136\ Subsec. (b) was repealed by sec. 45(a)(5) of the FA Act of 
1974.
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    Sec. 36.\137\ Reports on Commercial and Governmental 
Military Exports; Congressional Action.--(a) The President 
shall transmit to the Speaker of the House of Representatives 
and to the chairman of the Committee on Foreign Relations of 
the Senate not more than sixty days \138\ after the end of each 
quarter an unclassified report (except that any material which 
was transmitted in classified form under subsection (b)(1) or 
(c)(1) of this section may be contained in a classified 
addendum to such report, and any letter of offer referred to in 
paragraph (1) of this subsection may be listed in such addendum 
unless such letter of offer has been the subject of an 
unclassified certification pursuant to subsection (b)(1) of 
this section, and any information provided under paragraph (11) 
of this subsection may also be provided in a classified 
addendum) \139\ containing--

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    \137\ 22 U.S.C. 2776. Sec. 211(a) of the International Security 
Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 
Stat. 740) amended sec. 36 which formerly read as follows:
    ``Sec. 36. Reports on Commercial and Governmental Military 
Exports.--
    ``(a) The President shall submit to the Speaker of the House of 
Representatives and to the chairman of the Committee on Foreign 
Relations of the Senate quarterly reports containing--
    ``(1) a listing of all letters of offer to sell any defense 
articles or services under this Act, if such offer has not been 
accepted or canceled;
    ``(2) a cumulative listing of all such letters of offer to sell 
that have been accepted during the fiscal year in which such report is 
submitted;
    ``(3) the cumulative dollar amounts, by foreign country and 
international organization, of credit sales under section 23 and 
guaranty agreements under section 24 made before the submission of such 
quarterly report and during the fiscal year in which such report is 
submitted; and
    ``(4) projections of the cumulative dollar amounts, by foreign 
country and international organization, of credit sales under section 
23 and guaranty agreements under section 24 to be made in the quarter 
of the fiscal year immediately following the quarter for which such 
report is submitted.
    ``For each letter of offer to sell under paras. (1) and (2), the 
report shall specify (A) the foreign country or international 
organization to which the defense article or service is offered, (B) 
the dollar amount of the offer to sell under para. (1) or of the 
completed sale under para. (2), (C) a brief description of the defense 
article or service offered, (D) the United States armed force which is 
making the offer to sell, (E) the date of such offer, and (F) the date 
of any acceptance under paragraph (2).
    ``(b) In the case of any letter of offer to sell any defense 
articles or services under this Act for $25,000,000 or more, before 
issuing such letter of offer the President shall submit to the Speaker 
of the House of Representatives and to the Chairman of the Committee on 
Foreign Relations of the Senate a statement with respect to such offer 
to sell containing the information specified in subparagraphs (A) 
through (E) in subsection (a). The letter of offer shall not be issued 
if the Congress, within twenty calendar days after receiving any such 
statement, adopts a concurrent resolution stating in effect that it 
objects to such proposed sale, unless the President in his statement 
certifies that an emergency exists which requires such sale in the 
national security interests of the United States.
    ``(c) Nothing in this section shall be construed as modifying in 
any way the provisions of section 414 of the Mutual Security Act of 
1954, as amended, relating to munitions control.''.
    Sec. 211(b) of the same Act further stated: ``The amendment made by 
subsection (a) of this section shall apply with respect to letters of 
offer for which a certification is transmitted pursuant to section 
36(b) of the Arms Export Control Act on or after the date of enactment 
of this Act and to export licenses for which an application is filed 
under section 38 of such Act on or after such date.''.
    \138\ The number of days was increased from 30 to 60 by sec. 
19(a)(1) of the International Security Assistance Act of 1979 (Public 
Law 96-92; 93 Stat. 709).
    \139\ Sec. 7(b) of the Anti-Terrorism and Arms Export Amendments 
Act of 1989 (Public Law 101-222; 103 Stat. 1899) added text to close 
parentheses from ``, and any information''.
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          (1) a listing of all letters of offer to sell any 
        major defense equipment for $1,000,000 or more under 
        this Act to each foreign country and international 
        organization, by category, if such letters of offer 
        have not been accepted or canceled;
          (2) a listing of all such letters of offer that have 
        been accepted during the fiscal year in which such 
        report is submitted, together with the total value of 
        all defense articles and defense services sold to each 
        foreign country and international organization during 
        such fiscal year;
          (3) the cumulative dollar amounts, by foreign country 
        and international organization, of sales credit 
        agreements under section 23 and guaranty agreements 
        under section 24 made during the fiscal year in which 
        such report is submitted;
          (4) a numbered listing of all licenses and approvals 
        for the export to each foreign country and 
        international organization during such fiscal year of 
        commercially sold major defense equipment, by category, 
        sold for $1,000,000 or more, together with the total 
        value of all defense articles and defense services so 
        licensed for each foreign country and international 
        organization, setting forth, with respect to the listed 
        major defense equipment--
                  (A) the items to be exported under the 
                license,
                  (B) the quantity and contract price of each 
                such item to be furnished, and
                  (C) the name and address of the ultimate user 
                of each such item;
          (5) \140\ projections of the dollar amounts, by 
        foreign country and international organization, of 
        sales expected to be made under sections 21 and 22, in 
        the quarter of the fiscal year immediately following 
        the quarter for which such report is submitted;

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    \140\ Sec. 1209(c) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279), deleted 
references in pars. (5) and (6) to ``cash sales, and credits, and 
guaranty agreements''.
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          (6) \140\ a projection with respect to all sales 
        expected to be made to each country and organization 
        for the remainder of the fiscal year in which such 
        report is transmitted;
          (7) \141\ an estimate of--

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    \141\ Par. (7) was amended and restated by sec. 1209(c) of Public 
Law 99-83 (99 Stat. 279).
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                  (A) the number of United States military 
                personnel, the number of United States 
                Government civilian personnel, and the United 
                States civilian contract personnel, who were in 
                each foreign country at the end of that 
                quarter, and
                  (B) the number of members of each such 
                category of personnel who were in each foreign 
                country at any time during that quarter,
        in implementation of sales and commercial exports under 
        this Act or of assistance under chapter 2, 5, 6, or 8 
        of part II of the Foreign Assistance Act of 1961, 
        including both personnel assigned to the country and 
        personnel temporarily in the country by detail or 
        otherwise;
          (8) \142\ a description of each payment, 
        contribution, gift, commission, or fee reported to the 
        Secretary of State under section 39, including (A) the 
        name of the person who made such payment, contribution, 
        gift, commission, or fee; (B) the name of any sales 
        agent or other person to whom such payment, 
        contribution, gift, commission, or fee was paid; (C) 
        the date and amount of such payment, contribution, 
        gift, commission, or fee; (D) a description of the sale 
        in connection with which such payment, contribution, 
        gift, commission, or fee was paid; and (E) the 
        identification of any business information considered 
        confidential by the person submitting it which is 
        included in the report;

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    \142\ Sec. 604(a) of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 766) 
redesignated par. (8) as par. (9) and inserted a new par. (8). Sec. 
604(c) of the same Act stated that par. (8) would ``take effect sixty 
days after the date of enactment of this Act'' (August 29, 1976).
    Par. (9), as redesignated by this amendment, was struck out by sec. 
19(a)(4) of the International Security Assistance Act of 1979 (Public 
Law 96-92; 93 Stat. 709). It formerly read as follows:
    ``(9) an analysis and description of the services being performed 
by officers and employees of the United States Government under section 
21(a) of this Act, including the number of personnel so employed.''.
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          (9) \143\ a listing of each sale under section 29 
        during the quarter for which such report is made, 
        specifying (A) the purchaser, (B) the United States 
        Government department or agency responsible for 
        implementing the sale, (C) an estimate of the dollar 
        amount of the sale, and (D) a general description of 
        the real property facilities to be constructed pursuant 
        to such sale;

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    \143\ Par. (9) was added by sec. 105(c) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3134).
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          (10) \144\ a listing of the consents to third-party 
        transfers of defense articles or defense services which 
        were granted, during the quarter for which such report 
        is submitted, for purposes of section 3(a)(2) of this 
        Act, the regulations issued under section 38 of this 
        Act, or section 505(a)(1)(B) of the Foreign Assistance 
        Act of 1961, if the value (in terms of original 
        acquisition cost) of the defense articles or defense 
        services to be transferred is $1,000,000 or more; \145\

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    \144\ Par. (10) and (11) were added by sec. 7 of the Anti-Terrorism 
and Arms Export Amendments Act of 1989 (Public Law 101-222; 103 Stat. 
1899).
    The original par. (10), as added by sec. 109(f) of Public Law 96-
533, was repealed by sec. 109(d)(2) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1526). 
Par. (10) had required information concerning leases of property valued 
at over $1,000,000 to a foreign government. Leases of defense articles 
are now covered under chapter 6 of this Act.
    \145\ Sec. 1045(a) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2644) struck out ``; 
and'' at the end of para. (10); struck out a period at the end of para. 
(11) and inserted ``; and''; and added a new para. (12). Subsec. (b) of 
that section made para. (12) not applicable to any relevant agreement 
entered into before the date of enactment of the amendment (September 
23, 1996).
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          (11) \144\ a listing of all munitions items (as 
        defined in section 40(l)(1)) which were sold, leased, 
        or otherwise transferred by the Department of Defense 
        to any other department, agency, or other entity of the 
        United States Government during the quarter for which 
        such report is submitted (including the name of the 
        recipient Government entity and a discussion of what 
        that entity will do with those munitions items) if--
                  (A) the value of the munitions items was 
                $250,000 of more; and
                  (B) the value of all munitions items 
                transferred to that Government department, 
                agency, or other entity during that quarter was 
                $250,000 or more;
        excluding munitions items transferred (i) for 
        disposition or use solely within the United States, or 
        (ii) for use in connection with intelligence activities 
        subject to reporting requirements under title V of the 
        National Security Act of 1947 (50 U.S.C. 413 et seq.; 
        relating to congressional oversight of intelligence 
        activities); and \145\
          (12) \145\ a report on all concluded government-to-
        government agreements regarding foreign coproduction of 
        defense articles of United States origin and all other 
        concluded agreements involving coproduction or licensed 
        production outside of the United States of defense 
        articles of United States origin (including 
        coproduction memoranda of understanding or agreement) 
        that have not been previously reported under this 
        subsection, which shall include--
                  (A) the identity of the foreign countries, 
                international organizations, or foreign firms 
                involved;
                  (B) a description and the estimated value of 
                the articles authorized to be produced, and an 
                estimate of the quantity of the articles 
                authorized to be produced;
                  (C) a description of any restrictions on 
                third-party transfers of the foreign-
                manufactured articles; and
                  (D) if any such agreement does not provide 
                for United States access to and verification of 
                quantities of articles produced overseas and 
                their disposition in the foreign country, a 
                description of alternative measures and 
                controls incorporated in the coproduction or 
                licensing program to ensure compliance with 
                restrictions in the agreement on production 
                quantities and third-party transfers.
For each letter of offer to sell under paragraphs (1) and (2), 
the report shall specify (i) the foreign country or 
international organization to which the defense article or 
service is offered or was sold, as the case may be: (ii) the 
dollar amount of the offer to sell or the sale and the number 
of defense articles offered or sold, as the case may be; (iii) 
a description of the defense article or service offered or 
sold, as the case may be; and (iv) the United States Armed 
Forces or other agency of the United States which is making the 
offer to sell or the sale, as the case may be.
    (b)(1) \146\ In the case of any letter of offer to sell any 
defense articles or services under this Act for $50,000,000 
\147\ or more, any design and construction services for 
$200,000,000 or more,\148\ or any major defense equipment for 
$14,000,000 \149\ or more, before such letter of offer is 
issued, the President shall submit to the Speaker of the House 
of Representatives and to the chairman of the Committee on 
Foreign Relations of the Senate a numbered certification with 
respect to such offer to sell containing the information 
specified in clauses (i) through (iv) of subsection (a), or (in 
the case of a sale of design and construction services) the 
information specified in clauses (A) through (D) of paragraph 
(9) of subsection (a),\150\ and a description, containing the 
information specified in paragraph (8) of subsection (a), of 
any contribution, gift, commission, or fee paid or offered or 
agreed to be paid in order to solicit, promote, or otherwise to 
secure such letter of offer. Such numbered certifications shall 
also contain an item, classified if necessary, identifying the 
sensitivity of technology contained in the defense articles, 
defense services, or design and construction services \151\ 
proposed to be sold,\152\ and a detailed justification of the 
reasons necessitating the sale of such articles or services in 
view of the sensitivity of such technology.\153\ In a case in 
which such articles or services listed on the Missile 
Technology Control Regime Annex are intended to support the 
design, development, or production of a Category I space launch 
vehicle system (as defined in section 74), such report shall 
include a description of the proposed export and rationale for 
approving such export, including the consistency of such export 
with United States missile nonproliferation policy.\154\ Each 
such numbered certification shall contain an item indicating 
whether any offset agreement is proposed to be entered into in 
connection with such letter of offer to sell (if known on the 
date of transmittal of such certification).\155\ In addition, 
the President shall, upon the request of such committee or the 
Committee on Foreign Affairs \156\ of the House of 
Representatives, transmit promptly to both such committees a 
statement setting forth, to the extent specified in such 
request--

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    \146\ To fulfill the requirements of sec. 36(e) of this Act, as 
amended by sec. 155 of Public Law 104-164; 110 Stat. 1440), the Defense 
Security Assistance Agency of the Department of Defense reports arms 
sales to which sec. 36(b) applies. In 1997, DSAA filed numerous 
notifications; see Federal Register, annual index.
    \147\ This figure was increased from $25,000,000 to $50,000,000 by 
sec. 101 of the International Security and Development Cooperation Act 
of 1981 (Public Law 97-113; 95 Stat. 1520).
    \148\ The words ``any design and construction services for 
$200,000,000 or more,'' were added by sec. 105(d)(1) of the 
International Security and Development Cooperation Act of 1980 (Public 
Law 96-533; 94 Stat. 3134).
    \149\ This figure was increased from $7,000,000 to $14,000,000 by 
sec. 101 of the International Security and Development Cooperation Act 
of 1981 (Public Law 97-113; 95 Stat. 1520).
    \150\ The words to this point beginning with ``, or (in the case of 
* * * '' were added by sec. 105(d)(2)(A) of the International Security 
and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 
3134).
    \151\ The reference to design and construction services was added 
by sec. 105(d) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134).
     \152\ This sentence to this point was added by sec. 20(b) of the 
International Security Assistance Act of 1979 (Public Law 96-92; 93 
Stat. 710).
    \153\ The words to this point beginning with ``and a detailed 
justification'' were added by sec. 1180) of the International Security 
and Development Cooperation Act of 1985 (Public Law 99-83; 995 Stat. 
203).
    \154\ Sec. 735(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503) inserted 
the sentence beginning with ``In a case in which * * *''.
    \155\ Sec. 732(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503) inserted 
the sentence beginning with ``Each such numbered * * *''.
    \156\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives. Previously, 
sec. 9(a)(7) of the USC Technical Amendments (Public Law 103-437; 108 
Stat. 4581) struck out ``International Relations'' and inserted in lieu 
thereof ``Foreign Affairs''.
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          (A) a detailed description of the defense articles, 
        defense services, or design and construction services 
        \157\ to be offered, including a brief description of 
        the capabilities of any defense article to be offered;

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    \157\ The reference to defense services or design and construction 
services was added by sec. 105(d)(2)(C)(ix) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3135).
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          (B) an estimate of the number of officers and 
        employees of the United States Government and of United 
        States civilian contract personnel expected to be 
        needed in such country to carry out the proposed sale;
          (C) the name of each contractor expected to provide 
        the defense article, defense service, or design and 
        construction services \158\ proposed to be sold and a 
        description from such contractor of any offset 
        agreements proposed to be entered into in connection 
        with such sale \159\ (if known on the date of 
        transmittal of such statement);

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    \158\ The reference to design and construction service was added by 
sec. 105(d)(2)(C)(ii) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134).
    \159\ Sec. 732(a)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503) inserted 
````and a description from such contractor of any offset agreements 
proposed to be entered into in connection with such sale'' after 
``sold''.
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          (D) \160\ an evaluation, prepared by the Director of 
        the Arms Control and Disarmament Agency in consultation 
        with the Secretary of State and the Secretary of 
        Defense, of the manner, if any, in which the proposed 
        sale would--

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    \160\ Subpar. (D) was amended and restated by sec. 21(1) of the 
International Security Assistance Act of 1978 (Public Law 95-384; 92 
Stat. 741). It formerly read as follows: ``(D) an analysis of the arms 
control impact pertinent to such offer to sell, prepared in 
consultation with the Secretary of Defense;''.
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                  (i) contribute to an arms race;
                  (ii) \161\ support international terrorism;

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    \161\ Sec. 3(b) of the Anti-Terrorism and Arms Export Amendments 
Act of 1989 (Public Law 101-222; 103 Stat. 1896) redesignated clauses 
(ii) through (iv) as (iii) through (v), respectively, and inserted a 
new clause (ii).
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                  (iii) \161\ increase the possibility of an 
                outbreak or escalation of conflict;
                  (iv) \161\ prejudice the negotiation of any 
                arms controls; or
                  (v) \161\ adversely affect the arms control 
                policy of the United States;
          (E) the reasons why the foreign country or 
        international organization to which the sale is 
        proposed to be made needs the defense articles, defense 
        services, or design and construction services \157\ 
        which are the subject of such sale and a description of 
        how such country or organization intends to use such 
        defense articles, defense services, or design and 
        construction services; \157\
          (F) an analysis by the President of the impact of the 
        proposed sale on the military stocks and the military 
        preparedness of the United States;
          (G) the reasons why the proposed sale is in the 
        national interest of the United States;
          (H) an analysis by the President of the impact of the 
        proposed sale on the military capabilities of the 
        foreign country or international organization to which 
        such sale would be made;
          (I) an analysis by the President of how the proposed 
        sale would affect the relative military strengths of 
        countries in the region to which the defense articles, 
        defense services, or design and construction services 
        \157\ which are the subject of such sale would be 
        delivered and whether other countries in the region 
        have comparable kinds and amounts of defense articles, 
        defense services, or design and construction services; 
        \157\
          (J) an estimate of the levels of trained personnel 
        and maintenance facilities of the foreign country or 
        international organization to which the sale would be 
        made which are needed and available to utilize 
        effectively the defense articles, defense services, or 
        design and construction services \157\ proposed to be 
        sold;
          (K) an analysis of the extent to which comparable 
        kinds and amounts of defense articles, defense 
        services, or design and construction services \157\ are 
        available from other countries;
          (L) an analysis of the impact of the proposed sale on 
        United States relations with the countries in the 
        region to which the defense articles, defense services, 
        or design and construction services \157\ which are the 
        subject of such sale would be delivered;
          (M) a detailed description of any agreement proposed 
        to be entered into by the United States for the 
        purchase or acquisition by the United States of defense 
        articles, defense services, design and construction 
        services \157\ or defense equipment, or other articles, 
        services, or equipment of the foreign country or 
        international organization in connection with, or as 
        consideration for, such letter of offer, including an 
        analysis of the impact of such proposed agreement upon 
        United States business concerns which might otherwise 
        have provided such articles, services, or equipment to 
        the United States, an estimate of the costs to be 
        incurred by the United States in connection with such 
        agreement compared with costs which would otherwise 
        have been incurred, an estimate of the economic impact 
        and unemployment which would result from entering into 
        such proposed agreement, and an analysis of whether 
        such costs and such domestic economic impact justify 
        entering into such proposed agreement;
          (N) \162\ the projected delivery dates of the defense 
        articles, defense services, or design and construction 
        services \157\ to be offered;

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    \162\ Subpar. (N), (O) and (P) were added by sec. 21(4) of the 
International Security Assistance Act of 1978 (Public Law 95-384; 92 
Stat. 741).
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          (O) \162\ a detailed description of weapons and 
        levels of munitions that may be required as support for 
        the proposed sale; and
          (P) \162\ an analysis of the relationship of the 
        proposed sale to projected procurements of the same 
        item.
A certification transmitted pursuant to this subsection shall 
be unclassified, except that the information specified in 
clause (ii) and the details of the description specified in 
clause (iii) of subsection (a) may be classified if the public 
disclosure thereof would be clearly detrimental to the security 
of the United States. The letter of offer shall not be issued, 
with respect to a proposed sale to the North Atlantic Treaty 
Organization, any member country of such Organization, Japan, 
Australia, or New Zealand, if the Congress, within fifteen 
calendar days after receiving such certification, or with 
respect to a proposed sale to any other country or 
organization, if the Congress within thirty calendar days \163\ 
after receiving such certification,\164\ enacts a joint \165\ 
resolution prohibiting the proposed sale, unless the President 
states in his certification that an emergency exists which 
requires such sale in the national security interests of the 
United States. If the President states in his certification 
that an emergency exists which requires the proposed sale in 
the national security interest of the United States, thus 
waiving the congressional review requirements of this 
subsection, he shall set forth in the certification a detailed 
justification for his determination, including a description of 
the emergency circumstances which necessitate the immediate 
issuance of the letter of offer and a discussion of the 
national security interests involved.\166\

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    \163\ With regard to the sale to Jordan of advanced weapons 
systems, see Public Law 99-162 (99 Stat. 937), in Legislation on 
Foreign Relations Through 1997, vol. I-B.
    \164\ The words in this sentence to this point beginning with 
``with respect to a proposed sale * * *'' were inserted in lieu of the 
words ``if the Congress, within thirty calendar days after receiving 
such certification,'' by sec. 102(b)(1) of the International Security 
and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 
1520).
     \165\ References to a ``joint'' resolution in lieu of a 
``concurrent'' resolution were added by Public Law 99-247 (100 Stat. 
9).
    \166\ This sentence was added by sec. 19(c) of the International 
Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 709).
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    (2) Any such joint \165\ resolution shall be considered in 
the Senate in accordance with the provisions of section 601(b) 
of the International Security Assistance and Arms Export 
Control Act of 1976, except that for purposes of consideration 
of any joint \165\ resolution with respect to the North 
Atlantic Treaty Organization, any member country of such 
Organization, Japan, Australia, or New Zealand, it shall be in 
order in the Senate to move to discharge a committee to which 
such joint \165\ resolution was referred if such committee has 
not reported such joint \165\ resolution at the end of five 
calendar days after its introduction.\167\

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    \167\ The words to this point beginning with ``, except that for 
purposes of * * *'' were added by sec. 102(b)(2) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1520).
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    (3) For the purpose of expediting the consideration and 
enactment of joint resolutions under this subsection, a motion 
to proceed to the consideration of any such joint \165\ 
resolution after it has been reported by the appropriate 
committee shall be treated as highly privileged in the House of 
Representatives.
    (4) \168\ In addition to the other information required to 
be contained in a certification submitted to the Congress under 
this subsection, each such certification shall cite any 
quarterly report submitted pursuant to section 28 of this Act 
which listed a price and availability estimate, or a request 
for the issuance of a letter of offer, which was a basis for 
the proposed sale which is the subject of such certification.

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    \168\ Par. (4) was added by sec. 16(b) of the International 
Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 708).
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    (5) \169\ (A) If, before the delivery of any major defense 
article or major defense equipment, or the furnishing of any 
defense service or design and construction service, sold 
pursuant to a letter of offer described in paragraph (1), the 
sensitivity of technology or the capability of the article, 
equipment, or service is enhanced or upgraded from the level of 
sensitivity or capability described in the numbered 
certification with respect to an offer to sell such article, 
equipment, or service, then, at least 45 days before the 
delivery of such article or equipment or the furnishing of such 
service, the President shall prepare and transmit to the 
chairman of the Committee on Foreign Affairs \170\ of the House 
of Representatives and the chairman of the Committee on Foreign 
Relations of the Senate a report--

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    \169\ Par. 5 was added by sec. 118(2) of the International Security 
and Development Cooperation Act of 1983 (Public Law 99-83; 99 Stat. 
203).
    \170\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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          (i) describing the manner in which the technology or 
        capability has been enhanced or upgraded and describing 
        the significance of such enhancement or upgrade; and
          (ii) setting forth a detailed justification for such 
        enhancement or upgrade.
    (B) The provisions of subparagraph (A) apply to an article 
or equipment delivered, or a service furnished, within ten 
years after the transmittal to the Congress of a numbered 
certification with respect to the sale of such article, 
equipment, or service.
    (C) If the enhancement or upgrade in the sensitivity of 
technology or the capability of major defense equipment, 
defense articles, defense services, or design and construction 
services described in a numbered certification submitted under 
this subsection costs $14,000,000 or more in the case of any 
major defense equipment, $50,000,000 or more in the case of 
defense articles or defense services, or $200,000,000 or more 
in the case of design or construction services, then the 
President shall submit to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign 
Relations of the Senate a new numbered certification which 
relates to such enhancement or upgrade and which shall be 
considered for purposes of this subsection as if it were a 
separate letter of offer to sell defense equipment, articles, 
or services, subject to all of the requirements, restrictions, 
and conditions set forth in this subsection. For purposes of 
this subparagraph, references in this subsection to sales shall 
be deemed to be references to enhancements or upgrades in the 
sensitivity of technology or the capability of major defense 
equipment, articles, or services, as the case may be.
    (D) For the purposes of subparagraph (A), the term ``major 
defense article'' shall be construed to include electronic 
devices, which if upgraded, would enhance the mission 
capability of a weapons system.
    (c) \171\ (1) \172\ In the case of an application by a 
person (other than with regard to a sale under section 21 or 
section 22 of this Act) for a license for the export of any 
major defense equipment sold under a contract in the amount of 
$14,000,000 \173\ or more or of defense articles or defense 
services sold under a contract in the amount of $50,000,000 
\174\ or more,\175\ before issuing such license the President 
shall transmit to the Speaker of the House of Representatives 
and to the chairman of the Committee on Foreign Relations of 
the Senate an unclassified numbered certification with respect 
to such application specifying (A) the foreign country or 
international organization to which such export will be made, 
(B) the dollar amount of the items to be exported, and (C) a 
description of the items to be exported. In addition, the 
President shall, upon the request of such committee or the 
Committee on Foreign Affairs \176\ of the House of 
Representatives, transmit promptly to both such committees a 
statement setting forth, to the extent specified in such 
request a description of the capabilities of the items to be 
exported, an estimate of the total number of United States 
personnel expected to be needed in the foreign country 
concerned in connection with the items to be exported and an 
analysis of the arms control impact pertinent to such 
application, prepared in consultation with the Secretary of 
Defense. In a case in which such articles or services are 
listed on the Missile Technology Control Regime Annex and are 
intended to support the design, development, or production of a 
Category I space launch vehicle system (as defined in section 
74), such report shall include a description of the proposed 
export and rationale for approving such export, including the 
consistency of such export with United States missile 
nonproliferation policy.\177\ A certification transmitted 
pursuant to this subsection shall be unclassified, except that 
the information specified in clause (B) and the details of the 
description specified in clause (C) may be classified if the 
public disclosure thereof would be clearly detrimental to the 
security of the United States.

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    \171\ The Director of the Office of Defense Trade Controls notified 
Congress of proposed commercial export licenses pursuant to this 
subsection in Department of State Public Notice No. 2571 (July 16, 
1997; 62 F.R. 39569); Department of State Public Notice No. 2601 
(September 11, 1997; 62 F.R. 59013); Department of State Public Notice 
No. 2616 (October 10, 1997; 62 F.R. 59011); Department of State Public 
Notice No. 2624 (October 30, 1997; 62 F.R. 61421); Department of State 
Public Notice No. 2652 (November 17, 1997; 62 F.R. 67930); and 
Department of State Public Notice No. 2671 (December 18, 1997; 63 F.R. 
4519).
    \172\ Sec. 107(b) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3136) added the 
paragraph designation ``(1)'', made several technical changes to par. 
(1), and added new pars. (2) and (3)
    \173\ This figure was increased from $7,000,000 to $14,000,000 by 
sec. 101 of the International Security and Development Cooperation Act 
of 1981 (Public Law 97-113; 95 Stat. 1520).
    \174\ This figure was increased from $25,000,000 to $50,000,000 by 
sec. 101 of the International Security and Development Cooperation Act 
of 1981 (Public Law 97-113; 95 Stat. 1520).
    \175\ The words ``not less than 30 days'' which formerly appeared 
at this point, were struck out by sec. 107(b)(1) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3136). This 30-day prior notification requirement is now included 
in par. (2) of subsec. (c).
    \176\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives. Previously, 
sec. 9(a)(7) of the USC Technical Amendments (Public Law 103-437; 108 
Stat. 4581) struck out ``International Relations'' and inserted in lieu 
thereof ``Foreign Affairs''.
    \177\ Sec. 735(b) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 506) inserted 
the sentence beginning with ``In a case in which such * * *''.
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    (2) \172\ Unless the President states in his certification 
that an emergency exists which requires the proposed export in 
the national security interests of the United States, a license 
for export described in paragraph (1)--
          (A) \178\ in the case of a license for an export to 
        the North Atlantic Treaty Organization, any member 
        country of that Organization or Australia, Japan, or 
        New Zealand, shall not be issued until at least 15 
        calendar days after the Congress receives such 
        certification, and shall not be issued then if the 
        Congress, within that 15-day period, enacts a joint 
        resolution prohibiting the proposed export; and

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    \178\ Sec. 141(c) of Public Law 104-164 (110 Stat. 1431) amended 
and restated subparas. (A) and (B), which formerly read as follows:
    ``(A) shall not be issued until at least 30 calendar days after the 
Congress receives such certification; and
    ``(B) shall not be issued then if the Congress, within such 30-day 
period, enacts a joint resolution prohibiting the proposed export, 
except that this subparagraph does not apply with respect to a license 
issued for an export to the North Atlantic Treaty Organization, any 
member country of that Organization, Japan, Australia, or New 
Zealand.''.
    Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that 
``amendments made by this section [sec. 141] apply with respect to 
certifications required to be submitted on or after the date of the 
enactment of this Act [July 21, 1996].''.
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          (B) in the case of any other license, shall not be 
        issued until at least 30 calendar days after the 
        Congress receives such certification, and shall not be 
        issued then if the Congress, within that 30-day period, 
        enacts a joint resolution prohibiting the proposed 
        export.
If the President states in his certification that an emergency 
exists which requires the proposed export in the national 
security interests of the United States, thus waiving the 
requirements of subparagraphs (A) and (B) of this paragraph, he 
shall set forth in the certification a detailed justification 
for his determination, including a description of the emergency 
circumstances which necessitate the immediate issuance of the 
export license and a discussion of the national security 
interests involved.
    (3) \172\ (A) Any joint \165\ resolution under this 
subsection shall be considered in the Senate in accordance with 
the provisions of section 601(b) of the International Security 
Assistance and Arms Export Control Act of 1976.
    (B) For the purpose of expediting the consideration and 
enactment of joint \165\ resolutions under this subsection, a 
motion to proceed to the consideration of any such joint \165\ 
resolution after it has been reported by the appropriate 
committee shall be treated as highly privileged in the House of 
Representatives.
    (d)(1) \179\ In the case of an approval under section 38 of 
this Act of a United States commercial technical assistance or 
manufacturing licensing agreement \180\ which involves the 
manufacture abroad of any item of significant combat equipment 
on the United States Munitions List, before such approval is 
given, the President shall submit a certification with respect 
to such proposed commercial agreement in a manner similar to 
the certification required under subsection (c)(1) containing 
comparable information, except that the last sentence of such 
subsection shall not apply to certifications submitted pursuant 
to this subsection.

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    \179\ Sec. 141(d)(1) of Public Law 104-164 (110 Stat. 1432) 
inserted para. designation ``(1)'' after ``(d)''.
    \180\ Sec. 141(d)(2) of Public Law 104-164 (110 Stat. 1432) struck 
out ``for or in a country not a member of the North Atlantic Treaty 
Organization'' after ``licensing agreement''.
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    (2) \181\ A certification under this subsection shall be 
submitted--

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    \181\ Sec. 141(d)(3) of Public Law 104-164 (110 Stat. 1432) added 
paras. (2) through (5).
    Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that 
``amendments made by this section [sec. 141] apply with respect to 
certifications required to be submitted on or after the date of the 
enactment of this Act [July 21, 1996].''.
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          (A) at least 15 days before approval is given in the 
        case of an agreement for or in a country which is a 
        member of the North Atlantic Treaty Organization or 
        Australia, Japan, or New Zealand; and
          (B) at least 30 days before approval is given in the 
        case of an agreement for or in any other country;
unless the President states in his certification that an 
emergency exists which requires the immediate approval of the 
agreement in the national security interests of the United 
States.
    (3) If the President states in his certification that an 
emergency exists which requires the immediate approval of the 
agreement in the national security interests of the United 
States, thus waiving the requirements of paragraph (4), he 
shall set forth in the certification a detailed justification 
for his determination, including a description of the emergency 
circumstances which necessitate the immediate approval of the 
agreement and a discussion of the national security interests 
involved.
    (4) Approval for an agreement subject to paragraph (1) may 
not be given under section 38 if the Congress, within the 15-
day or 30-day period specified in paragraph (2)(A) or (B), as 
the case may be, enacts a joint resolution prohibiting such 
approval.
    (5)(A) Any joint resolution under paragraph (4) shall be 
considered in the Senate in accordance with the provisions of 
section 601(b) of the International Security Assistance and 
Arms Export Control Act of 1976.
    (B) For the purpose of expediting the consideration and 
enactment of joint resolutions under paragraph (4), a motion to 
proceed to the consideration of any such joint resolution after 
it has been reported by the appropriate committee shall be 
treated as highly privileged in the House of Representatives.
    (e) \182\ The President shall cause to be published in the 
Federal Register, upon transmittal to the Speaker of the House 
of Representatives and to the chairman of the Committee on 
Foreign Relations of the Senate, the full unclassified text of 
each numbered certification submitted pursuant to subsection 
(b) and each notification of a proposed commercial sale 
submitted under subsection (c).

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    \182\ Sec. 155 of Public Law 104-164 (110 Stat. 1440) added subsec. 
(e). To fulfill the requirements of sec. 36(e) of this Act in 1997, the 
Defense Security Assistance Agency of the Department of Defense filed 
some 52 notifications; see Federal Register, annual index.
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    Sec. 37.\183\ Fiscal Provisions Relating to Foreign 
Military Sales Credits.--(a) Cash payments received under 
sections 21, 22, and 29 \184\ and advances received under 
section 23 shall be available solely for payments to suppliers 
(including the military departments) and refunds to purchasers 
and shall not be available for financing credits and 
guaranties.

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    \183\ 22 U.S.C. 2777.
    \184\ The reference to sec. 29 was added by sec. 105(e)(1) of the 
International Security and Development Cooperation Act of 1980 (Public 
Law 96-533; 94 Stat. 3135).
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    (b) Amounts received from foreign governments and 
international organizations as repayments for credits extended 
pursuant to section 23, amounts received from the disposition 
of instruments evidencing indebtedness under section 24(b) 
(excluding such portion of the sales proceeds as may be 
required at the time of disposition to be obligated as a 
reserve for payment of claims under guaranties issued pursuant 
to section 24(b), which sums are made available for such 
obligations),\185\ and other collections (including fees and 
interest) shall be transferred to the miscellaneous receipts of 
the Treasury.

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    \185\ The words to this point beginning with ``under section 24(b) 
(excluding'' were added by sec. 25(11) of the FA Act of 1973.
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    (c) \186\ Notwithstanding the provisions of subsection (b), 
to the extent that any of the funds constituting the reserve 
under section 24(c) are paid out for a claim arising out of a 
loan guaranteed under section 24, amounts received from a 
foreign government or international organization after the date 
of such payment, with respect to such claim, shall be credited 
to such reserve, shall be merged with the funds in such 
reserve, and shall be available for any purpose for which funds 
in such reserve are available.

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    \186\ Subsec. (c) was added by sec. 104(b) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3133).
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    Sec. 38.\187\ Control of Arms Exports and Imports.--(a)(1) 
In furtherance of world peace and the security and foreign 
policy of the United States, the President is authorized to 
control the import and the export of defense articles and 
defense services and to provide foreign policy guidance to 
persons of the United States involved in the export and import 
of such articles and services. The President is authorized to 
designate those items which shall be considered as defense 
articles and defense services for the purposes of this section 
and to promulgate regulations for the import and export of such 
articles and services. The items so designated shall constitute 
the United States Munitions List.

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    \187\ 22 U.S.C. 2778.
    Sec. 38 was added by sec. 212(a)(1) of the International Security 
Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 
Stat. 744). Sec. 212(b) of the same Act repealed sec. 414 of the Mutual 
Security Act of 1954 and stated that any reference to sec. 414 would be 
considered as a reference to sec. 38 of the Arms Export Control Act.
    See also title IV, secs. 401-405, of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 
Stat. 718-722), relating to arms transfers restraint policy for the 
Middle East and Persian Gulf region.
    See also in the National Defense Authorization Act for Fiscal Year 
1993 (Public Law 102-484; 106 Stat. 2561): sec. 1365, relating to 
landmine export moratorium; title XV--Weapons of Mass Destruction 
Control Act of 1992; and title XVI--Iran-Iraq Arms Non-Proliferation 
Act of 1992. As a result of sec. 1365 of that Act, the Department of 
State gave notice to the following:
    ``Notice is hereby given that all licenses, approvals, sales or 
transfers of landmines specifically designed for antipersonnel use, 
regardless of method of delivery, are suspended until further notice. 
Additionally, all existing authorizations for the sale, export, or 
transfer of such defense articles are revoked until further notice. 
This action has been taken pursuant to sections 2, 38 and 42 of the 
Arms Export Control Act, and section 1365 of the National Defense 
Authorization Act for Fiscal Year 1993.'' (Public Notice 1727 of 
November 25, 1992; 57 F.R. 55614).
    Licenses and approvals to export or otherwise transfer defense 
articles and defense services to the following countries or foreign 
entities are suspended or restricted:
    Iran (January 23, 1984; Department of State Notice 84-3; 49 F.R. 
2836); Iraq (August 2, 1990; Department of State Public Notice 1238; 55 
F.R. 31808); Serbia and Montenegro (Federal Republic of Yugoslavia) 
(effective July 11, 1991; Department of State Public Notice 1427; 56 
F.R. 33322; July 19, 1991); Haiti--including those for use by the 
police (effective October 3, 1991; Department of State Public Notice 
1496; 56 F.R. 50968; October 9, 1991); Sudan (effective October 8, 
1992; Department of State Public Notice 1711; 57 F.R. 49741; November 
3, 1992); Yemen (effective November 16, 1992; Department of State 
Public Notice 1734; 57 F.R. 59852; December 16, 1992); the armed forces 
on Cyprus (except to the United Nations Forces in Cyprus) (effective 
November 18, 1992; Department of State Public Notice 1738; 57 F.R. 
60265; December 18, 1992); Somalia (effective December 16, 1992; 
Department of State Public Notice 1736; 57 F.R. 59851; December 16, 
1992); Liberia (other than for the peacekeeping forces of ECOWAS) 
(effective December 18, 1992; Department of State Public Notice 1737; 
57 F.R. 60265; December 18, 1992); Zaire (Department of State Public 
Notice 1795; 58 F.R. 26024; April 29, 1993); Burma (Department of State 
Public Notice 1820; 58 F.R. 33293; June 16, 1993); Guatemala 
(Department of State Public Notice 1831; 58 F.R. 38597; July 19, 1993); 
Nigeria (Department of State Public Notice 1844; 58 F.R. 40845; July 
30, 1993; and Public Notice 2313; 60 F.R. 66334; December 11, 1995).
    Peru and Ecuador are restricted on a case-by-case basis (Peru: 
Department of State Public Notice 2021; 59 F.R. 32481; June 8, 1994; 
and Public Notice 2168; 60 F.R. 10138; February 23, 1995; Peru and 
Ecuador: Department of State Public Notice 2205; 60 F.R. 26070; May 4, 
1995; and Public Notice 2286; 60 F.R. 57049; November 13, 1995).
    Effective July 2, 1993, the domestic arms embargo on Angola was 
lifted and section 126.1(a) of the International Traffic in Arms 
Regulations (ITAR) (22 CFR Part 126) was amended accordingly 
(Department of State Public Notice 1826; 58 F.R. 35864; July 2, 1993). 
There continues to be a presumption of denial for lethal articles, and 
an embargo is in place with respect to UNITA (Executive Order 12865, 
September 29, 1993). See Legislation on Foreign Relations Through 1997, 
vol. III.
    The following countries are embargoed under International Traffic 
in Arms Regulations (ITAR; 22 CFR Part 126): Afghanistan (June 27, 
1996; 61 F.R. 33313); Armenia, Azerbaijan, Byelarus, Cuba, Iran, Iraq, 
Libya, North Korea, Syria, Tajikistan, and Vietnam (April 4, 1994; 59 
F.R. 15625). For some of these countries, other restrictions may also 
make arms transfers unavailable. Restrictions under the ITAR also apply 
to countries with respect to which the United States maintains an arms 
embargo: Burma, People's Republic of China, Federal Republic of 
Yugoslavia (Serbia and Montenegro), Haiti, Liberia, Rwanda, Somalia, 
Sudan, and Zaire.
    Mongolia was removed from the ITAR restrictive list, effective June 
30, 1997, in State Department Public Notice 2567 (62 F.R. 37133).
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    (2) \188\ Decisions on issuing export licenses under this 
section shall be made in coordination with the Director of the 
United States Arms Control and Disarmament Agency, taking into 
account the Director's assessment as to whether the export of 
an article would contribute to an arms race, aid in the 
development of weapons of mass destruction, support 
international terrorism, increase the possibility of outbreak 
or escalation of conflict, or prejudice the development of 
bilateral or multilateral arms control or nonproliferation 
agreements or other arrangements. The Director of the Arms 
Control and Disarmament Agency is authorized, whenever the 
Director determines that the issuance of an export license 
under this section would be detrimental to the national 
security of the United States, to recommend to the President 
that such export license be disapproved.

-----------------------------------------------------------------------
    \188\ Sec. 714(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497), amended 
and restated para. (2). The paragraph formerly read as follows:
    ``(2) Decisions on issuing export licenses under this section shall 
be made in coordination with the director of the United States Arms 
Control and Disarmament Agency and shall take into account the 
Director's opinion as to whether the export of an article will 
contribute to an arms race, support international terrorism, increase 
the possibility of outbreak or escalation of conflict, or prejudice the 
development of bilateral or multilateral arms control arrangements.''.
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    (3) \189\ In exercising the authorities conferred by this 
section, the President may require that any defense article or 
defense service be sold under this Act as a condition of its 
eligibility for export, and may require that persons engaged in 
the negotiation for the export of defense articles and services 
keep the President fully and currently informed of the progress 
and future prospects of such negotiations.

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    \189\ Par. (3) was added by sec. 107(c) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533, 94 
Stat. 3136).
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    (b)(1)(A)(i) \190\ As prescribed in regulations issued 
under this section, every person (other than an officer or 
employee of the United States Government acting in an official 
capacity) who engages in the business of manufacturing, 
exporting, or importing any defense articles or defense 
services designated by the President under subsection (a)(1) 
shall register with the United States Government agency charged 
with the administration of this section, and shall pay a 
registration fee which shall be prescribed by such regulations. 
Such regulations shall prohibit the return to the United States 
for sale in the United States (other than for the Armed Forces 
of the United States and its allies or for any State for local 
law enforcement agency) of any military firearms or ammunition 
of United States manufacture furnished to foreign governments 
by the United States under this Act or any other foreign 
assistance or sales program of the United States, whether or 
not enhanced in value or improved in condition in a foreign 
country. This prohibition shall not extend to similar firearms 
that have been so substantially transformed as to become, in 
effect, articles of foreign manufacture.

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    \190\ Sec. 151(a) of Public Law 104-164 (110 Stat. 1437) added 
clause designation ``(i)'' and added clause (ii).
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    (ii) \191\ (I) As prescribed in regulations issued under 
this section, every person (other than an officer or employee 
of the United States Government acting in official capacity) 
who engages in the business of brokering activities with 
respect to the manufacture, export, import, or transfer of any 
defense article or defense service designated by the President 
under subsection (a)(1), or in the business of brokering 
activities with respect to the manufacture, export, import, or 
transfer of any foreign defense article or defense service (as 
defined in subclause (IV)), shall register with the United 
States Government agency charged with the administration of 
this section, and shall pay a registration fee which shall be 
prescribed by such regulations.

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    \191\ Sec. 151(a)(2) of Public Law 104-164 (110 Stat. 1437) added 
clause (ii). Subsec. (b) (22 U.S.C. 2778 note) of that section 
provided: ``Section 38(b)(1)(A)(ii) of the Arms Export Control Act, as 
added by subsection (a), shall apply with respect to brokering 
activities engaged in beginning on or after 120 days after the 
enactment of this Act.''.
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    (II) Such brokering activities shall include the financing, 
transportation, freight forwarding, or taking of any other 
action that facilitates the manufacture, export, or import of a 
defense article or defense service.
    (III) No person may engage in the business of brokering 
activities described in subclause (I) without a license, issued 
in accordance with this Act, except that no license shall be 
required for such activities undertaken by or for an agency of 
the United States Government--
          (aa) for use by an agency of the United States 
        Government; or
          (bb) for carrying out any foreign assistance or sales 
        program authorized by law and subject to the control of 
        the President by other means.
    (IV) For purposes of this clause, the term ``foreign 
defense article or defense service'' includes any non-United 
States defense article or defense service of a nature described 
on the United States Munitions List regardless of whether such 
article or service is of United States origin or whether such 
article or service contains United States origin components.
    (B) \192\ A copy of each registration made under this 
paragraph shall be transmitted to the Secretary of the Treasury 
for review regarding law enforcement concerns. The Secretary 
shall report to the President regarding such concerns as 
necessary.

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    \192\ The first subparagraph (B) was added by sec. 1255(b) of the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public 
Law 100-204; 101 Stat. 1431). The second subparagraph (B), which should 
probably have been designated subpar. (C) was added by sec. 8142(a) of 
the Department of Defense Appropriations Act, 1988 (sec. 101(b) of the 
Continuing Appropriations for 1988, Public Law 100-202; 101 Stat. 1329-
88).
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    (B) \192\ The prohibition under such regulations required 
by the second sentence of subparagraph (A) shall not extend to 
any military firearms (or ammunition, components, parts, 
accessories, and attachments for such firearms) of United 
States manufacture furnished to any foreign government by the 
United States under this Act or any other foreign assistance or 
sales program of the United States if--
          (i) such firearms are among those firearms that the 
        Secretary of the Treasury is, or was at any time, 
        required to authorize the importation of by reason of 
        the provisions of section 925(e) of title 18, United 
        States Code (including the requirement for the listing 
        of such firearms as curios or relics under section 
        921(a)(13) of that title); and
          (ii) such foreign government certifies to the United 
        States Government that such firearms are owned by such 
        foreign government.
    (2) Except as otherwise specifically provided in 
regulations issued under subsection (a)(1), no defense articles 
or defense services designated by the President under 
subsection (a)(1) may be exported or imported without a license 
for such export or import, issued in accordance with this Act 
and regulations issued under this Act, except that no license 
shall be required for exports or imports made by or for an 
agency of the United States Government (A) for official use by 
a department or agency of the United States Government, or (B) 
for carrying out any foreign assistance or sales program 
authorized by law and subject to the control of the President 
by other means.
    (3) \193\ (A) For each of the fiscal years 1988 and 1989, 
$250,000 of registration fees collected pursuant to paragraph 
(1) shall be credited to a Department of State account, to be 
available without fiscal year limitation. Fees credited to that 
account shall be available only for the payment of expenses 
incurred for--

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    \193\ Par. (3) was added by sec. 1255(c) of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1431). The original par. (3), as amended by sec. 21 of Public Law 
96-92 (93 Stat. 710) and sec. 107(a) of Public Law 96-533 (94 Stat. 
3136), was repealed by sec. 106 of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1522). 
Par. (3) had stipulated that no license could be issued under this Act 
for the export of any major defense equipment sold under contract in 
the amount of $100,000,000 or more (exceptions were provided for NATO 
members, Australia, Japan, New Zealand, countries participating in co-
production arrangements).
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          (i) contract personnel to assist in the evaluation of 
        munitions control license applications, reduce 
        processing time for license applications, and improve 
        monitoring of compliance with the terms of licenses; 
        and
          (ii) the automation of munitions control functions 
        and the processing of munitions control license 
        applications, including the development, procurement, 
        and utilization of computer equipment and related 
        software.
  (B) The authority of this paragraph may be exercised only to 
such extent or in such amounts as are provided in advance in 
appropriation Acts.
    (c) Any person who willfully violates any provision of this 
section or section 39, or any rule or regulation issued under 
either section, or who willfully, in a registration or license 
application or required report, makes any untrue statement of a 
material fact or omits to state a material fact required to be 
stated therein or necessary to make the statements therein not 
misleading, shall upon conviction be fined for each violation 
not more than $1,000,000,\194\ or imprisoned not more than ten 
years, or both.

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    \194\ Sec. 119(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 203) raised the 
amount of the fine to $1,000,000; added the limitation ``for each 
violation''; and raised the period of imprisonment from two to ten 
years. Previously the fine was ``not more than $100,000''.
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    (d) \195\ * * * [Repealed--1979]

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    \195\ Subsec. (d), which specified that sec. 38 would apply to and 
within the Canal Zone, was repealed by sec. 3303(a)(4) of the Panama 
Canal Act of 1979 (Public Law 96-70; 93 Stat. 499).
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    (e) In carrying out functions under this section with 
respect to the export of defense articles and defense services, 
the President is authorized to exercise the same powers 
concerning violations and enforcement which are conferred upon 
departments, agencies and officials by subsections (c), (d), 
(e), and (g) of section 11 of the Export Administration Act of 
1979, and by subsections (a) and (c) of section 12 of such 
Act,\196\ subject to the same terms and conditions as are 
applicable to such powers under such Act, except that the names 
of the countries and the types and quantities of defense 
articles for which licenses are issued under this section shall 
not be withheld from public disclosure unless the President 
determines that the release of such information would be 
contrary to the national interest.\197\ Nothing in this 
subsection shall be construed as authorizing the withholding of 
information from the Congress. Notwithstanding section 11(c) of 
the Export Administration Act of 1979, the civil penalty for 
each violation involving controls imposed on the export of 
defense articles and defense services under this section may 
not exceed $500,000.\198\

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    \196\ These references to various sections of the Export 
Administration Act of 1979 were inserted in lieu of a series of 
references to secs. 6 and 7 of the Export Administration Act of 1969 
(which expired on September 30, 1979), by sec. 22(a) of Public Law 96-
72 (93 Stat. 535).
    \197\ Sec. 156 of Public Law 104-164 (110 Stat. 1440) added ``, 
except that the names of the countries and the types and quantities of 
defense articles for which licenses are issued under this section shall 
not be withheld from public disclosure unless the President determines 
that the release of such information would be contrary to the national 
interest''.
    \198\ The last sentence was added by sec. 119(b) of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 204).
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    (f) \199\ The President shall periodically review the items 
on the United States Munitions List to determine what items, if 
any, no longer warrant export controls under this section. The 
results of such reviews shall be reported to the Speaker of the 
House of Representatives and to the Committee on Foreign 
Relations and the Committee on Banking, Housing, and Urban 
Affairs of the Senate. Such a report shall be submitted at 
least 30 days before any item is removed from the Munitions 
List and shall describe the nature of any controls to be 
imposed on that item under the Export Administration Act of 
1979.\200\

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    \199\ Subsec. (f) was added by sec. 107 of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1522).
    \200\ For text of Export Administration Act, see Legislation on 
Foreign Relations Through 1997, vol. III, sec. J.
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  (g) \201\ (1) The President shall develop appropriate 
mechanisms to identify, in connection with the export licensing 
process under this section--

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    \201\ Subsec. (g) was added by sec. 1255 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1429).
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          (A) persons who are the subject of an indictment for, 
        or have been convicted of, a violation under--
                  (i) this section,
                  (ii) section 11 of the Export Administration 
                Act of 1979 (50 U.S.C. App. 2410),
                  (iii) section 793, 794, or 798 of title 18, 
                United States Code (relating to espionage 
                involving defense or classified information),
                  (iv) section 16 of the Trading with the Enemy 
                Act (50 U.S.C. App. 16),
                  (v) section 206 of the International 
                Emergency Economic Powers Act (relating to 
                foreign assets controls; 50 U.S.C. App. 1705),
                  (vi) section 30A of the Securities Exchange 
                Act of 1934 (15 U.S.C. 78dd1) or section 104 of 
                the Foreign Corrupt Practices Act (15 U.S.C. 
                78dd2),
                  (vii) chapter 105 of title 18, United States 
                Code (relating to sabotage),
                  (viii) section 4(b) of the Internal Security 
                Act of 1950 (relating to communication of 
                classified information; 50 U.S.C. 783(b)),
                  (ix) section 57, 92, 101, 104, 222, 224, 225, 
                or 226 of the Atomic Energy Act of 1954 (42 
                U.S.C. 2077, 2122, 2131, 2134, 2272, 2274, 
                2275, and 2276),
                  (x) section 601 of the National Security Act 
                of 1947 (relating to intelligence identities 
                protection; 50 U.S.C. 421), or
                  (xi) section 603 (b) or (c) of the 
                Comprehensive Anti-Apartheid Act of 1986 (22 
                U.S.C. 5113 (b) and (c));
          (B) persons who are the subject of an indictment or 
        have been convicted under section 371 of title 18, 
        United States Code, for conspiracy to violate any of 
        the statutes cited in subparagraph (A); and
          (C) persons who are ineligible--
                  (i) to contract with,
                  (ii) to receive a license or other form of 
                authorization to export from, or
                  (iii) to receive a license or other form of 
                authorization to import defense articles or 
                defense services from,
        any agency of the United States Government.
  (2) The President shall require that each applicant for a 
license to export an item on the United States Munitions List 
identify in the application all consignees and freight 
forwarders involved in the proposed export.
  (3) If the President determines--
          (A) that an applicant for a license to export under 
        this section is the subject of an indictment for a 
        violation of any of the statutes cited in paragraph 
        (1),
          (B) that there is reasonable cause to believe that an 
        applicant for a license to export under this section 
        has violated any of the statutes cited in paragraph 
        (1), or
          (C) that an applicant for a license to export under 
        this section is ineligible to contract with, or to 
        receive a license or other form of authorization to 
        import defense articles or defense services from, any 
        agency of the United States Government,
the President may disapprove the application. The President 
shall consider requests by the Secretary of the Treasury to 
disapprove any export license application based on these 
criteria.
  (4) A license to export an item on the United States 
Munitions List may not be issued to a person--
          (A) if that person, or any party to the export, has 
        been convicted of violating a statute cited in 
        paragraph (1), or
          (B) if that person, or any party to the export, is at 
        the time of the license review ineligible to receive 
        export licenses (or other forms of authorization to 
        export) from any agency of the United States 
        Government,
except as may be determined on a case-by-case basis by the 
President, after consultation with the Secretary of the 
Treasury, after a thorough review of the circumstances 
surrounding the conviction or ineligibility to export and a 
finding by the President that appropriate steps have been taken 
to mitigate any law enforcement concerns.
  (5) A license to export an item on the United States 
Munitions List may not be issued to a foreign person (other 
than a foreign government).
  (6) The President may require a license (or other form of 
authorization) before any item on the United States Munitions 
List is sold or otherwise transferred to the control or 
possession of a foreign person or a person acting on behalf of 
a foreign person.
  (7) \202\ The President shall, in coordination with law 
enforcement and national security agencies, develop standards 
for identifying high-risk exports for regular end-use 
verification. These standards shall be published in the Federal 
Register and the initial standards shall be published not later 
than October 1, 1988.

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    \202\ Sometimes referred to as the ``Blue Lantern Program''.
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  (8) Upon request of the Secretary of State, the Secretary of 
Defense and the Secretary of the Treasury shall detail to the 
office primarily responsible for export licensing functions 
under this section, on a nonreimbursable basis, personnel with 
appropriate expertise to assist in the initial screening of 
applications for export licenses under this section in order to 
determine the need for further review of those applications for 
foreign policy, national security, and law enforcement 
concerns.
  (9) For purposes of this subsection--
          (A) the term ``foreign corporation'' means a 
        corporation that is not incorporated in the United 
        States;
          (B) the term ``foreign government'' includes any 
        agency or subdivision of a foreign government, 
        including an official mission of a foreign government;
          (C) the term ``foreign person'' means any person who 
        is not a citizen or national of the United States or 
        lawfully admitted to the United States for permanent 
        residence under the Immigration and Nationality Act, 
        and includes foreign corporations, international 
        organizations, and foreign governments;
          (D) the term ``party to the export'' means--
                  (i) the president, the chief executive 
                officer, and other senior officers of the 
                license applicant;
                  (ii) the freight forwarders or designated 
                exporting agent of the license application; and
                  (iii) any consignee or end user of any item 
                to be exported; and
          (E) the term ``person'' means a natural person as 
        well as a corporation, business association, 
        partnership, society, trust, or any other entity, 
        organization, or group, including governmental 
        entities.
    (h) \203\ The designation by the President (or by an 
official to whom the President's functions under subsection (a) 
have been duly delegated), in regulations issued under this 
section, of items as defense articles or defense services for 
purposes of this section shall not be subject to judicial 
review.

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    \203\ Sec. 6 of the Anti-Terrorism and Arms Export Amendments Act 
of 1989 (Public Law 101-222; 103 Stat. 1899) added subsec. (h).
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    Sec. 39.\204\ Fees of Military Sales Agents and Other 
Payments.--(a) In accordance with such regulations as he may 
prescribe, the Secretary of State shall require adequate and 
timely reporting on political contributions, gifts, commissions 
and fees paid, or offered or agreed to be paid, by any person 
in connection with--

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    \204\ 22 U.S.C. 2779. Sec. 39 was added by sec. 604(b) of the 
International Security Assistance and Arms Export Control Act of 1976 
(Public Law 94-329; 90 Stat. 767). Sec. 604(c) of the same Act stated 
that this amendment ``shall take effect sixty days after the date of 
enactment of this Act'' (August 29, 1976).
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          (1) sales of defense articles or defense services 
        under section 22, or of design and construction 
        services under section 29 \205\ of this Act; or

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    \205\ The reference to design and construction services under sec. 
29 was added by sec. 105(e)(2)(A) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3135).
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          (2) commercial sales of defense articles or defense 
        services licensed or approved under section 38 of this 
        Act;
to or for the armed forces of a foreign country or 
international organization in order to solicit, promote, or 
otherwise to secure the conclusion of such sales. Such 
regulations shall specify the amounts and the kinds of 
payments, offers, and agreements to be reported, and the form 
and timing of reports, and shall require reports on the names 
of sales agents and other persons receiving such payments. The 
Secretary of State shall by regulation require such 
recordkeeping as he determines is necessary.
    (b) The President may, by regulation, prohibit, limit, or 
prescribe conditions with respect to such contributions, gifts, 
commissions, and fees as he determines will be in furtherance 
of the purposes of this Act.
    (c) No such contribution, gift, commission, or fee may be 
included, in whole or in part, in the amount paid under any 
procurement contract entered into under section 22 or section 
29 \206\ of this Act, unless the amount thereof is reasonable, 
allocable to such contract, and not made to a person who has 
solicited, promoted, or otherwise secured such sale, or has 
held himself out as being able to do so, through improper 
influence. For the purposes of this section, ``improper 
influence'' means influence, direct or indirect, which induces 
or attempts to induce consideration or action by any employee 
or officer of a purchasing foreign government or international 
organization with respect to such purchase on any basis other 
than such consideration of merit as are involved in comparable 
United States procurements.

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    \206\ The reference to sec. 29 was added by sec. 105(e)(2)(B) of 
the International Security and Development Cooperation Act of 1980 
(Public Law 96-533; 94 Stat. 3155).
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    (d)(1) All information reported to the Secretary of State 
and all records maintained by any person pursuant to 
regulations prescribed under this section shall be available, 
upon request, to any standing committee of the Congress or any 
subcommittee thereof and to any agency of the United States 
Government authorized by law to have access to the books and 
records of the person required to submit reports or to maintain 
records under this section.
    (2) Access by an agency of the United States Government to 
records maintained under this section shall be on the same 
terms and conditions which govern the access by such agency to 
the books and records of the person concerned.

SEC. 39A.\207\ PROHIBITION ON INCENTIVE PAYMENTS.

    (a) No United States supplier of defense articles or 
services sold under this Act, nor any employee, agent, or 
subcontractor thereof, shall, with respect to the sale of any 
such defense article or defense service to a foreign country, 
make any incentive payments for the purpose of satisfying, in 
whole or in part, any offset agreement with that country.

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    \207\ 22 U.S.C. 2779a. Sec. 733 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 504), added sec. 39A. Functions in this section are delegated to 
the Under Secretary of State for International Security Affairs 
(Department of State Public Notice 2086; Delegation of Authority No. 
214; 59 F.R. 50790).
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    (b) Any person who violates the provisions of this section 
shall be subject to the imposition of civil penalties as 
provided for in this section.
    (c) In the enforcement of this section, the President is 
authorized to exercise the same powers concerning violations 
and enforcement and imposition of civil penalties which are 
conferred upon departments, agencies and officials by 
subsections (c), (d), (e), and (f) of section 11 of the Export 
Administration Act of 1979 and section 12(a) of such Act, 
subject to the same terms and conditions as are applicable to 
such powers under that Act, except that notwithstanding section 
11(c) of that Act, the civil penalty for each violation of this 
section may not exceed $500,000 or five times the amount of the 
prohibited incentive payment, whichever is greater.
    (d) For purposes of this section--
          (1) the term ``offset agreement'' means an agreement, 
        arrangement, or understanding between a United States 
        supplier of defense articles or defense services and a 
        foreign country under which the supplier agrees to 
        purchase or acquire, or to promote the purchase or 
        acquisition by other United States persons of, goods or 
        services produced, manufactured, grown, or extracted, 
        in whole or in part, in that foreign country in 
        consideration for the purchase by the foreign country 
        of defense articles or defense services from the 
        supplier;
          (2) the term ``incentive payments'' means direct 
        monetary compensation made by a United States supplier 
        of defense articles or defense services or by any 
        employee, agent or subcontractor thereof to any other 
        United States person to induce or persuade that United 
        States person to purchase or acquire goods or services 
        produced, manufactured, grown, or extracted, in whole 
        or in part, in the foreign country which is purchasing 
        those defense articles or services from the United 
        States supplier; and
          (3) the term ``United States person'' means--
                  (A) an individual who is a national or 
                permanent resident alien of the United States; 
                and
                  (B) any corporation, business association, 
                partnership, trust, or other juridical entity--
                          (i) organized under the laws of the 
                        United States or any State, the 
                        District of Columbia, or any territory 
                        or possession of the United States; or
                          (ii) owned or controlled in fact by 
                        individuals described in subparagraph 
                        (A).
    Sec. 40.\208\ Transactions With Countries Supporting Acts 
of International Terrorism.

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    \208\ 22 U.S.C. 2780. See also 22 CFR Part 120-130. Sec. 40 was 
added by sec. 509(a) of Public Law 99-399 (100 Stat. 874). Sec. 40 was 
amended and restated by the Anti-Terrorism and Arms Export Amendments 
Act of 1989 (Public Law 101-222; 103 Stat. 1892). It previously read as 
follows:
    ``Sec. 40. Exports to Countries Supporting Acts of International 
Terrorism.
    ``(a) Prohibition.--Except as provided in subsection (b), items on 
the United States Munitions List may not be exported to any country 
which the Secretary of State has determined, for purposes of section 
6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 
2405(j)(1)(A)), has repeatedly provided support for acts of 
international terrorism.
    ``(b) Waiver.--The President may waive the prohibition contained in 
subsection (a) in the case of a particular export if the President 
determines that the export is important to the national interests of 
the United States and submits to the Congress a report justifying that 
determination and describing the proposed export. Any such waiver shall 
expire at the end of 90 days after it is granted unless the Congress 
enacts a law extending the waiver.''.
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    (a) Prohibited Transactions by the United States 
Government.--The following transactions by the United States 
Government are prohibited:
          (1) Exporting or otherwise providing (by sale, lease 
        or loan, grant, or other means), directly or 
        indirectly, any munitions item to a country described 
        in subsection (d) under the authority of this Act, the 
        Foreign Assistance Act of 1961, or any other law 
        (except as provided in subsection (h)). In implementing 
        this paragraph, the United States Government--
                  (A) shall suspend delivery to such country of 
                any such item pursuant to any such transaction 
                which has not been completed at the time the 
                Secretary of State makes the determination 
                described in subsection (d), and
                  (B) shall terminate any lease or loan to such 
                country of any such item which is in effect at 
                the time the Secretary of State makes that 
                determination.
          (2) Providing credits, guarantees, or other financial 
        assistance under the authority of this Act, the Foreign 
        Assistance Act of 1961, or any other law (except as 
        provided in subsection (h)), with respect to the 
        acquisition of any munitions item by a country 
        described in subsection (d). In implementing this 
        paragraph, the United States Government shall suspend 
        expenditures pursuant to any such assistance obligated 
        before the Secretary of States makes the determination 
        described in subsection (d). The President may 
        authorize expenditures otherwise required to be 
        suspended pursuant to the preceding sentence if the 
        President has determined, and reported to the Congress, 
        that suspension of those expenditures causes undue 
        financial hardship to a supplier, shipper, or similar 
        person and allowing the expenditure will not result in 
        any munitions item being made available for use by such 
        country.
          (3) Consenting under section 3(a) of this Act, under 
        section 505(a) of the Foreign Assistance Act of 1961, 
        under the regulations issued to carry out section 38 of 
        this Act, or under any other law (except as provided in 
        subsection (h)), to any transfer of any munitions item 
        to a country described in subsection (d). In 
        implementing this paragraph, the United States 
        Government shall withdraw any such consent, which is in 
        effect at the time the Secretary of State makes the 
        determination described in subsection (d), except that 
        this sentence does not apply with respect to any item 
        that has already been transferred to such country.
          (4) Providing any license or other approval under 
        section 38 of this Act for any export or other transfer 
        (including by means of a technical assistance 
        agreement, manufacturing licensing agreement, or 
        coproduction agreement) of any munitions item to a 
        country described in subsection (d). In implementing 
        this paragraph, the United States Government shall 
        suspend any such license or other approval which is in 
        effect at the time the Secretary of State makes the 
        determination described in subsection (d), except that 
        this sentence does not apply with respect to any item 
        that has already been exported or otherwise transferred 
        to such country.
          (5) Otherwise facilitating the acquisition of any 
        munitions item by a country described in subsection 
        (d). This paragraph applies with respect to activities 
        undertaken--
                  (A) by any department, agency, or other 
                instrumentality of the Government,
                  (B) by any officer or employee of the 
                Government (including members of the United 
                States Armed Forces), or
                  (C) by any other person at the request or on 
                behalf of the Government.
The Secretary of State may waive the requirements of the second 
sentence of paragraph (1), the second sentence of paragraph 
(3), and the second sentence of paragraph (4) to the extent 
that the Secretary determines, after consultation with the 
Congress, that unusual and compelling circumstances require 
that the United States Government not take the actions 
specified in that sentence.
    (b) Prohibited Transactions by United States Persons.--
          (1) In general.--A United States person may not take 
        any of the following actions:
                  (A) Exporting any munitions item to any 
                country described in subsection (d).
                  (B) Selling, leasing, loaning, granting, or 
                otherwise providing any munitions item to any 
                country described in subsection (d).
                  (C) Selling, leasing, loaning, granting, or 
                otherwise providing any munitions item to any 
                recipient which is not the government of or a 
                person in a country described in subsection (d) 
                if the United States person has reason to know 
                that the munitions item with be made available 
                to any country described in subsection (d).
                  (D) Taking any other action which would 
                facilitate the acquisition, directly or 
                indirectly, of any munitions item by the 
                government of any country described in 
                subsection (d), or any person acting on behalf 
                of that government, if the United States person 
                has reason to know that that action will 
                facilitate the acquisition of that item by such 
                a government or person.
          (2) Liability for actions of foreign subsidiaries, 
        etc.--A United State person violates this subsection if 
        a corporation or other person that is controlled in 
        fact by that United States person (as determined under 
        regulations, which the President shall issue), takes an 
        action described in paragraph (1) outside the United 
        States.
          (3) Applicability to actions outside the united 
        states.--Paragraph (1) applies with respect to actions 
        described in that paragraph which are taken either 
        within or outside the United States by a United States 
        person described in subsection (l)(3)(A) or (B). To the 
        extent provided in regulations issued under subsection 
        (l)(3)(D), paragraph (1) applies with respect to 
        actions described in that paragraph which are taken 
        outside the United State by a person designated as a 
        United States person in those regulations.
    (c) Transfers to Governments and Persons Covered.--This 
section applies with respect to--
          (1) the acquisition of munitions items by the 
        government of a country described in subsection (d); 
        and
          (2) the acquisition of munitions items by any 
        individual, group, or other person within a country 
        described in subsection (d), except to the extent that 
        subparagraph (D) of subsection (b)(1) provides 
        otherwise.
    (d) \209\ Countries Covered by Prohibition.--The 
prohibitions contained in this section apply with respect to a 
country if the Secretary of State determines that the 
government of that country has repeatedly provided support for 
acts of international terrorism. For purposes of this 
subsection, such acts shall include all activities that the 
Secretary determines willfully aid or abet the international 
proliferation of nuclear explosive devices to individuals or 
groups or willfully aid or abet an individual or groups in 
acquiring unsafeguarded special nuclear material.\210\

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    \209\ Sec. 550 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2421), provided the following:

 ``prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

    ``Sec. 550. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 40(d) of the Arms Export Control Act. The 
prohibition under this section with respect to a foreign government 
shall terminate 12 months after that government ceases to provide such 
military equipment. This section applies with respect to lethal 
military equipment provided under a contract entered into after October 
1, 1997.
    ``(b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of 
the United States.
    ``(c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional committees a 
report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance estimated 
to be provided, including the estimated dollar amount of such 
assistance, and an explanation of how the assistance furthers United 
States national interests.''.
    \210\ Sec. 822(a)(2)(A) of the Nuclear Proliferation Prevention Act 
of 1994 (title VIII of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995; Public Law 103-236; 108 Stat. 511), added the 
sentence that begins ``For purposes of this subsection, * * *''.
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    (e) Publication of Determinations.--Each determination of 
the Secretary of State under subsection (d) shall be published 
in the Federal Register.
    (f) Rescission.--(1) \211\ A determination made by the 
Secretary of State under subsection (d) may not be rescinded 
unless the President submits to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign 
Relations of the Senate--

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    \211\ Sec. 321(3) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 710), 
inserted new designation for par. (1), and sec. 321(4) added a new par. 
(2).
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          (A) \212\ before the proposed rescission would take 
        effect, a report certifying that--

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    \212\ Sec. 321(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 710), 
redesignated pars. (1) and (2), as subpars. (A) and (B), respectively.
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                  (i) \213\ there has been a fundamental change 
                in the leadership and policies of the 
                government of the country concerned;

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    \213\ Sec. 321(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 710), 
redesignated ``subparagraphs (A), (B), and (C) of each of paragraphs 
(1) and (2) as clauses (i), (ii), and (iii), respectively.''. Clause 
(2), redesignated here as subpar. (B), however, has only two subpars., 
redesignated here as (i) and (ii), from (A) and (B), respectively.
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                  (ii) \213\ that government is not supporting 
                acts of international terrorism; and
                  (iii) \213\ that government has provided 
                assurances that it will not support acts of 
                international terrorism in the future; or
          (B) \212\ at least 45 days before the proposed 
        rescission would take effect, a report justifying the 
        rescission and certifying that--
                  (i) \213\ the government concerned has not 
                provided any support for international 
                terrorism during the preceding 6-month period; 
                and
                  (ii) \213\ the government concerned has 
                provided assurances that it will not support 
                acts of international terrorism in the future.
  (2) \211\ (A) No rescission under paragraph (1)(B) of a 
determination under subsection (d) may be made if the Congress, 
within 45 days after receipt of a report under paragraph 
(1)(B), enacts a joint resolution the matter after the 
resolving clause of which is as follows: ``That the proposed 
rescission of the determination under section 40(d) of the Arms 
Export Control Act pursuant to the report submitted to the 
Congress on ________________ is hereby prohibited.'', the blank 
to be completed with the appropriate date.
  (B) A joint resolution described in subparagraph (A) and 
introduced within the appropriate 45-day period shall be 
considered in the Senate and the House of Representatives in 
accordance with paragraphs (3) through (7) of section 8066(c) 
of the Department of Defense Appropriations Act (as contained 
in Public Law 98-473),\214\ except that references in such 
paragraphs to the Committees on Appropriations of the House of 
Representatives and the Senate shall be deemed to be references 
to the Committee on Foreign Affairs \215\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate, respectively.

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    \214\ Sec. 8066 of the Department of Defense Appropriations Act 
(title VIII of the Continuing Appropriations, 1985; Public Law 98-473; 
98 Stat. 1837 at 1935), placed restrictions on fiscal year 1985 funds 
made available to the Central Intelligence Agency, the Department of 
Defense, or any other agency or entity of the United States involved in 
intelligence activities, which would have the effect of supporting, 
directly or indirectly, military or paramilitary operations in 
Nicaragua by any nation, group, organization, movement, or individual. 
Subsec. (b) of that section allowed for the lifting of the prohibition 
(1) if the President reported on certain criteria; and (2) if a joint 
resolution approving assistance for military or paramilitary operations 
in Nicaragua were to be enacted.
    In particular subsec. (c), pars. (1) and (3) through (7), provided 
the following [par. (1) included here because of repeated references to 
it throughout pars. (3)-(7)]:
    ``(c)(1) For the purpose of subsection (b)(2), `joint resolution' 
means only a joint resolution introduced after the date on which the 
report of the President under subsection (b)(1) is received by the 
Congress, the matter after the resolving clause of which is as follows: 
`That the Congress approved the obligation and expenditure of funds 
available for fiscal year 1985 for supporting, directly or indirectly, 
military or paramilitary operations in Nicaragua.'.

        *        *        *        *        *        *        *        

    ``(3) A resolution described in paragraph (1) introduced in the 
House of Representatives shall be referred to the Committee on 
Appropriations of the House of Representatives. A resolution described 
in paragraph (1) introduced in the Senate shall be referred to the 
Committee on Appropriations of the Senate. Such a resolution may not be 
reported before the eighth day after its introduction.
    ``(4) If the committee to which is referred a resolution described 
in paragraph (1) has not reported such resolution (or an identical 
resolution) at the end of fifteen calendar days after its introduction, 
such committee shall be discharged from further consideration of such 
resolution and such resolution shall be placed on the appropriate 
calendar of the House involved.
    ``(5)(A) When the committee to which a resolution is referred has 
reported, or has been deemed to be discharged (under paragraph (4)) 
from further consideration of, a resolution described in paragraph (1), 
notwithstanding any rule or precedent of the Senate, including Rule 22, 
it is at any time thereafter in order (even though a previous motion to 
the same effect has been disagreed to) for any Member of the respective 
House to move to proceed to the consideration of the resolution, and 
all points of order against the resolution (and against consideration 
of the resolution) are waived. The motion is highly privileged in the 
House of Representatives and is privileged in the Senate and is not 
debatable. The motion is not subject to amendment, or to a motion to 
postpone, or to a motion to proceed to the consideration of other 
business. A motion to reconsider the vote by which the motion is agreed 
to or disagreed to shall not be in order. If a motion to proceed to the 
consideration of the resolution is agreed to, the resolution shall 
remain the unfinished business of the respective House until disposed 
of.
    ``(B) Debate on the resolution, and on all debatable motions and 
appeals in connection therewith, shall be limited to not more than ten 
hours, which shall be divided equally between those favoring and those 
opposing the resolution. A motion further to limit debate is in order 
and not debatable. An amendment to, or a motion to postpone, or a 
motion to proceed to the consideration of other business, or a motion 
to proceed to the consideration of other business, or a motion to 
recommit the resolution is not in order. A motion to reconsider the 
vote by which the resolution is agreed to or disagreed to is not in 
order.
    ``(C) Immediately following the conclusion of the debate on a 
resolution described in paragraph (1), and a single quorum call at the 
conclusion of the debate if requested in accordance with the rules of 
the appropriate House, the vote on final passage of the resolution 
shall occur.
    ``(D) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of Representatives, 
as the case may be, to the procedure relating to a resolution described 
in paragraph (1) shall be decided without debate.
    ``(6) If, before the passage by the Senate of a resolution of the 
Senate described in paragraph (1), the Senate receives from the House 
of Representatives a resolution described in paragraph (1), then the 
following procedures shall apply:
          ``(A) The resolution of the House of Representatives shall 
        not be referred to a committee.
          ``(B) With respect to a resolution described in paragraph (1) 
        of the Senate--
                  ``(i) the procedure in the Senate shall be the same 
                as if no resolution had been received from the House; 
                but
                  ``(ii) the vote on final passage shall be on the 
                resolution of the House.
          ``(C) Upon disposition of the resolution received from the 
        House, it shall no longer be in order to consider the 
        resolution originated in the Senate.
    ``(7) If the Senate receives from the House of Representatives a 
resolution described in paragraph (1) after the Senate has disposed of 
a Senate originated resolution, the action of the Senate with regard to 
the disposition of the Senate originated resolution shall be deemed to 
be the action of the Senate with regard to the House originated 
resolution.''.
    \215\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (g) Waiver.--The President may waive the prohibitions 
contained in this section with respect to a specific 
transaction if--
          (1) the President determines that the transaction is 
        essential to the national security interests of the 
        United States; and
          (2) not less than 15 days prior to the proposed 
        transaction, the President--
                  (A) consults with the Committee on Foreign 
                Affairs \215\ of the House of Representatives 
                and the Committee on Foreign Relations of the 
                Senate; and
                  (B) submits to the Speaker of the House of 
                Representatives and the chairman of the 
                Committee on Foreign Relations of the Senate a 
                report containing--
                          (i) the name of any country involved 
                        in the proposed transaction, the 
                        identity of any recipient of the items 
                        to be provided pursuant to the proposed 
                        transaction, and the anticipated use of 
                        those items;
                          (ii) a description of the munitions 
                        items involved in the proposed 
                        transaction (including their market 
                        value) and the actual sale price at 
                        each step in the transaction (or if the 
                        items are transferred by other than 
                        sale, the manner in which they will be 
                        provided);
                          (iii) the reasons why the proposed 
                        transaction is essential to the 
                        national security interests of the 
                        United States and the justification for 
                        such proposed transaction;
                          (iv) the date on which the proposed 
                        transaction is expected to occur; and
                          (v) the name of every United States 
                        Government department, agency, or other 
                        entity involved in the proposed 
                        transaction, every foreign government 
                        involved in the proposed transaction, 
                        and every private party with 
                        significant participation in the 
                        proposed transaction.
To the extent possible, the information specified in 
subparagraph (B) of paragraph (2) shall be provided in 
unclassified form, with any classified information provided in 
an addendum to the report.
    (h) Exemption for Transactions Subject to National Security 
Act Reporting Requirements.--The prohibitions contained in this 
section do not apply with respect to any transaction subject to 
reporting requirements under title V of the National Security 
Act of 1947 (50 U.S.C. 413 et seq.; relating to congressional 
oversight of intelligence activities).
    (i) Relation to Other Laws.--
          (1) In general.--With regard to munitions items 
        controlled pursuant to this Act, the provisions of this 
        section shall apply notwithstanding any other 
        provisions of law, other than section 614(a) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)).
          (2) Section 614(a) waiver authority.--If the 
        authority of section 614(a) of the Foreign Assistance 
        Act of 1961 is used to permit a transaction under that 
        Act or the Arms Export Control Act which is otherwise 
        prohibited by this section, the written policy 
        justification required by that section shall include 
        the information specified in subsection (g)(2)(B) of 
        this section.
    (j) Criminal Penalty.--Any person who willfully violates 
this section shall be fined for each violation not more than 
$1,000,000, imprisoned not more than 10 years, or both.
    (k) Civil Penalties; Enforcement.--In the enforcement of 
this section, the President is authorized to exercise the same 
powers concerning violations and enforcement which are 
conferred upon departments, agencies, and officials by sections 
11(c), 11(e), 11(g), and 12(a) of the Export Administration Act 
of 1979 \216\ (subject to the same terms and conditions as are 
applicable to such powers under that Act), except that, 
notwithstanding section 11(c) of that Act, the civil penalty 
for each violation of this section may not exceed $500,000.

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    \216\ See Legislation on Foreign Relations Through 1997, vol. III, 
sec. J.
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    (l) Definitions.--As used in this section--
          (1) the term ``munitions item'' means any item 
        enumerated on the United States Munitions list (without 
        regard to whether the item is imported into or exported 
        from the United States);
          (2) the term ``United States'', when used 
        geographically, means the several States, the District 
        of Columbia, the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands, and any 
        territory or possession of the United States; \217\

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    \217\ Sec. 822(a)(2)(B) of the Nuclear Proliferation Prevention Act 
of 1994 (title VIII of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995; Public Law 103-236; 108 Stat. 511), struck out 
``and'' at the end of para. (2); struck out a period at the end of 
para. (3), and inserted in lieu thereof a semicolon; and added new 
paras. (4) and (5).
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          (3) the term ``United States person'' means--
                  (A) any citizen or permanent resident alien 
                of the United States;
                  (B) any sole proprietorship, partnership, 
                company, association, or corporation having its 
                principal place of business within the United 
                States or organized under the laws of the 
                United States, any State, the District of 
                Columbia, the Commonwealth of Puerto Rico, the 
                Commonwealth of the Northern Mariana Islands, 
                or any territory or possession of the United 
                States;
                  (C) any other person with respect to that 
                person's actions while in the United States; 
                and
                  (D) to the extent provided in regulations 
                issued by the Secretary of state, any person 
                that is not described in subparagraph (A), (B), 
                or (C) but--
                          (i) is a foreign subsidiary or 
                        affiliate of a United States person 
                        described in subparagraph (B) and is 
                        controlled in fact by that United 
                        States person (as determined in 
                        accordance with those regulations), or
                          (ii) is otherwise subject to the 
                        jurisdiction of the United States
                with respect to that person's actions while 
                outside the United States;
          (4) \217\ the term ``nuclear explosive device'' has 
        the meaning given that term in section 830(4) of the 
        Nuclear Proliferation Prevention Act of 1994; and
          (5) \217\ the term ``unsafeguarded special nuclear 
        material'' has the meaning given that term in section 
        830(8) of the Nuclear Proliferation Prevention Act of 
        1994.
    Sec. 40A.\218\ Transactions With Countries Not Fully 
Cooperating With United States Antiterrorism Efforts.--

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    \218\ 22 U.S.C. 2781. Sec. 330 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1258) added 
this sec. 40A. Sec. 150(a) of Public Law 104-164 (110 Stat. 1436) also 
added a sec. 40A, relating to end-use monitoring of defense articles 
and defense services.
    On May 9, 1997, the Acting Secretary of State determined and 
certified ``that the following countries are not cooperating fully with 
United States antiterrorism efforts: Afghanistan; Cuba; Iran; Iraq; 
Libya; North Korea; Sudan; and Syria'' (Department of State Public 
Notice No. 2543; 62 F.R. 28097).
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    (a) Prohibited Transactions.--No defense article or defense 
service may be sold or licensed for export under this Act in a 
fiscal year to a foreign country that the President determines 
and certifies to Congress, by May 15 of the calendar year in 
which that fiscal year begins, is not cooperating fully with 
United States antiterrorism efforts.
    (b) Waiver.--The President may waive the prohibition set 
forth in subsection (a) with respect to a specific transaction 
if the President determines that the transaction is important 
to the national interests of the United States.

Chapter 3A--END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES 
                                 \219\

SEC. 40A.\220\ END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE 
                    SERVICES.

    (a) Establishment of Monitoring Program.--
          (1) In general.--In order to improve accountability 
        with respect to defense articles and defense services 
        sold, leased, or exported under this Act or the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the 
        President shall establish a program which provides for 
        the end-use monitoring of such articles and services.

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    \219\ Sec. 150(a) of Public Law 104-164 (110 Stat. 1436) added 
chapter 3A.
    \220\ 22 U.S.C. 2785. Added by sec. 150(a) of Public Law 104-164 
(110 Stat. 1436). Sec. 330 of the Antiterrorism and Effective Death 
Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1258) added another 
sec. 40A, relating to transactions with countries not fully cooperating 
with U.S. antiterrorism efforts.
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          (2) Requirements of program.--To the extent 
        practicable, such program--
                  (A) shall provide for the end-use monitoring 
                of defense articles and defense services in 
                accordance with the standards that apply for 
                identifying high-risk exports for regular end-
                use verification developed under section 
                38(g)(7) of this Act (commonly referred to as 
                the ``Blue Lantern'' program); and
                  (B) shall be designed to provide reasonable 
                assurance that--
                          (i) the recipient is complying with 
                        the requirements imposed by the United 
                        States Government with respect to use, 
                        transfers, and security of defense 
                        articles and defense services; and
                          (ii) such articles and services are 
                        being used for the purposes for which 
                        they are provided.
    (b) Conduct of Program.--In carrying out the program 
established under subsection (a), the President shall ensure 
that the program--
          (1) provides for the end-use verification of defense 
        articles and defense services that incorporate 
        sensitive technology, defense articles and defense 
        services that are particularly vulnerable to diversion 
        or other misuse, or defense articles or defense 
        services whose diversion or other misuse could have 
        significant consequences; and
          (2) prevents the diversion (through reverse 
        engineering or other means) of technology incorporated 
        in defense articles.
    (c) Report to Congress.--Not later than 6 months after the 
date of the enactment of this section, and annually thereafter 
as a part of the annual congressional presentation documents 
submitted under section 634 of the Foreign Assistance Act of 
1961, the President shall transmit to the Congress a report 
describing the actions taken to implement this section, 
including a detailed accounting of the costs and number of 
personnel associated with the monitoring program.
    (d) Third Country Transfers.--For purposes of this section, 
defense articles and defense services sold, leased, or exported 
under this Act or the Foreign Assistance Act of 1961 (22 U.S.C. 
2151 et seq.) includes defense articles and defense services 
that are transferred to a third country or other third party.

    Chapter 4--GENERAL, ADMINISTRATIVE, AND MISCELLANEOUS PROVISIONS

    Sec. 41. Effective Date.--This Act shall take effect on 
July 1, 1968.
    Sec. 42.\221\ General Provisions.--(a)(1) \222\ In carrying 
out this Act, special emphasis shall be placed on procurement 
in the United States, but, subject to the provisions of 
subsection (b) of this section, consideration shall also be 
given \223\ to coproduction or licensed production outside the 
United States of defense articles of United States origin when 
such production best serves the foreign policy, national 
security, and economy of the United States. In evaluating any 
sale proposed to be made pursuant to this Act, there shall be 
taken into consideration (A) the extent to which the proposed 
sale damages or infringes upon licensing arrangements whereby 
United States entities have granted licenses for the 
manufacture of the defense articles selected by the purchasing 
country to entities located in friendly foreign countries, 
which licenses result in financial returns to the United 
States,\224\ (B) the portion of the defense articles so 
manufactured which is of United States origin, and (C) \222\ 
the assessment of the Director of the United States Arms 
Control and Disarmament Agency as to whether, and the extent to 
which, such sale might contribute to an arms race, aid in the 
development of weapons of mass destruction, support 
international terrorism, increase the possibility of outbreak 
or escalation of conflict, or prejudice the development of 
bilateral or multilateral arms control or nonproliferation 
agreements or other arrangements.

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    \221\ 22 U.S.C. 2791. See also notes at section 38, regarding 
Presidential Determinations.
    \222\ Sec. 714(a)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497), added 
para. designation ``(1)''; redesignated clauses (1), (2), and (3) as 
(A), (B), and (C), restated clause (C); and added para. (2). Clause 
(C), as redesignated, formerly read as follows:
    ``(C) in coordination with the Director of the United States Arms 
Control and Disarmament Agency, the Director's opinion as to the extent 
to which such sale might contribute to an arms race, or increase the 
possibility of outbreak or escalation of conflict, or prejudice the 
development of bilateral or multilateral arms control arrangements.''.
    \223\ The words ``but, subject to the provisions of subsection (b) 
of this section, consideration shall also be given'' were inserted in 
lieu of ``but consideration shall also be given'' by sec. 401(f)(1) of 
the FA Act of 1971 (Public Law 92-226).
    \224\ Sec. 401(e) of the FA Act of 1971 (Public Law 92-226) struck 
out the word ``and'' which appeared at this point.
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    (2) \222\ Any proposed sale made pursuant to this Act shall 
be approved only after consultation with the Director of the 
United States Arms Control and Disarmament Agency. The Director 
of the Arms Control and Disarmament Agency is authorized, 
whenever the Director determines that a sale under this section 
would be detrimental to the national security of the United 
States, to recommend to the President that such sale be 
disapproved.
    (b) \225\ No credit sale shall be extended under section 
23, and no guarantee shall be issued under section 24, in any 
case involving coproduction or licensed,\226\ production 
outside the United States of any defense article of United 
States origin unless the Secretary of State shall, in advance 
of any such transaction, advise the appropriate committees of 
the Congress and furnish the Speaker of the House of 
Representatives and the President of the Senate with full 
information regarding the proposed transaction, including, but 
not limited to, a description of the particular defense article 
or articles which would be produced under license or coproduced 
outside the United States, the estimated value of such 
production or coproduction, and the probable impact of the 
proposed transaction on employment and production within the 
United States.

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    \225\ Sec. 401(f)(2) of the FA Act of 1971 added subsecs. (b) and 
redesignated former subsecs. (b) and (c) as subsecs. (c) and (d), 
respectively.
    \226\ Although the slip law contains a comma between ``licensed, 
production'' in the first sentence, it is interpreted as ``licensed 
production'' with no comma.
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    (c) \225\ Funds made available under this Act may be used 
for procurement outside the United States only if the President 
determines that such procurement will not result in adverse 
effects upon the economy of the United States or the industrial 
mobilization base, with special reference to any areas of labor 
surplus or to the net position of the United States in its 
balance of payments with the rest of the world, which outweigh 
the economic or other advantages to the United States of less 
costly procurement outside the United States.
    (d) \225\ (1) With respect to sales and guaranties under 
sections 21, 22, 23, 24, 29, and 30 \227\ the Secretary of 
Defense shall, under the direction of the President, have 
primary responsibility for--

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    \227\ The reference to sec. 29 was added by sec. 105(e)(3) of the 
International Security and Development Cooperation Act of 1980 (Public 
Law 96-533; 94 Stat. 3135). The reference to sec. 30 was added by sec. 
2 of Public Law 97-392 (96 Stat. 1962).
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          (A) the determination of military end-item 
        requirements;
          (B) the procurement of military equipment in a manner 
        which permits its integration with service programs;
          (C) the supervision of the training of foreign 
        military personnel;
          (D) the movement and delivery of military end-items; 
        and
          (E) within the Department of Defense, the performance 
        of any other functions with respect to sales and 
        guaranties.
    (2) The establishment of priorities in the procurement, 
delivery, and allocation of military equipment shall, under the 
direction of the President, be determined by the Secretary of 
Defense.
    (e) \228\ (1) Each contract for sale entered into under 
sections 21, 22, 29, and 30 \227\ of this Act, and each 
contract entered into under section 27(d) of this Act,\229\ 
shall provide that such contract may be canceled in whole or in 
part, or its execution suspended, by the United States at any 
time under unusual or compelling circumstances if the national 
interest so requires.

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    \228\ Subsec. (e) was added by sec. 213 of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 745).
    \229\ The reference to sec. 27(d) was added by sec. 115(b)(3) of 
the International Security and Development Cooperation Act of 1985 
(Public Law 99-83; 99 Stat. 210).
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    (2)(A) Each export license issued under section 38 of this 
Act shall provide that such license may be revoked, suspended, 
or amended by the Secretary of State, without prior notice, 
whenever the Secretary deems such action to be advisable.
    (B) Nothing in this paragraph may be construed as limiting 
the regulatory authority of the President under this Act.
    (3) There are authorized to be appropriated from time to 
time such sums as may be necessary (A) to refund moneys 
received from purchasers under contracts of sale entered into 
under sections 21, 22, 29, and 30 \227\ of this Act, or under 
contracts entered into under sec. 27(d) of this Act,\229\ that 
are canceled or suspended under this subsection to the extent 
such moneys have previously been disbursed to private 
contractors and United States Government agencies for work in 
progress, and (B) to pay such damages and costs that accrue 
from the corresponding cancellation or suspension of the 
existing procurement contracts or United States Government 
agency work orders involved.
    (f) \230\ The President shall, to the maximum extent 
possible and consistent with the purposes of this Act, use 
civilian contract personnel in any foreign country to perform 
defense services sold under this Act.

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    \230\ Subsec. (f) was added by sec. 605(b) of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 768).
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    Sec. 43.\231\ Administrative Expenses.--(a) Funds made 
available under other law for the operations of United States 
Government agencies carrying out functions under this Act shall 
be available for the administrative expenses incurred by such 
agencies under this Act.

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    \231\ 22 U.S.C. 2792.
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    (b) \232\ Charges for administrative services calculated 
under section 21(e)(1)(A) of this Act shall include recovery of 
administrative expenses and official reception and 
representation expenses \233\ incurred by any department or 
agency of the United States Government, including any mission 
or group thereof, in carrying out functions under this Act 
when--

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    \232\ Subsec. (b), as added by sec. 214 of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 746), was amended and restated by sec. 7(d) of the 
International Security Assistance Act of 1977 (Public Law 95-92; 91 
Stat. 617).
    \233\ The reference to reception and representation expenses was 
added by sec. 120(1) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 204).
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          (1) such functions are primarily for the benefit of 
        any foreign country;
          (2) such expenses are not directly and fully charged 
        to, and reimbursed from amounts received for, sale of 
        defense services under section 21(a) of this Act; and
          (3) \234\ such expenses are neither salaries of the 
        Armed Forces of the United States nor represent 
        unfunded estimated costs of civilian retirement and 
        other benefits.

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    \234\ Sec. 9104(b)(1) of the Department of Defense Appropriations 
Act, 1990 (Public Law 101-165; 103 Stat. 1152) added par. (3).
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    (c) \235\ Not more than $72,500 of the funds derived from 
charges for administrative services pursuant to section 
21(e)(1)(A) of this Act may be used each fiscal year for 
official reception and representation expenses.

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    \235\ Subsec. (c), as added by sec. 19(b) of the International 
Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 709), was 
repealed by sec. 734(a)(10) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). 
The information previously contained in the annual report required by 
subsec. (c) is now required by sec. 25(a)(6) of this Act. Subsequently, 
a new subsec. (c) was added by sec. 120(2) of Public Law 99-83 (99 
Stat. 204).
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    Sec. 44.\236\ Statutory Construction.--No provision of this 
Act shall be construed as modifying in any way the provisions 
of the Atomic Energy Act of 1954, as amended, or section 7307 
of title 10 of the United States Code.

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    \236\ 22 U.S.C. 2793.
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    Sec. 45. Statutes Repealed and Amended.--(a) Sections 521, 
522, 523, 524(b)(3), 525, 634(g), and 640 of the Foreign 
Assistance Act of 1961, as amended, are hereby repealed.
    (b) Part III of the Foreign Assistance Act of 1961, as 
amended, is amended as follows:
          (1) Section 622(b) is amended by striking out ``or 
        sales''.
          (2) Section 622(c) is amended by striking out ``and 
        sales'' and ``or sales''.
          (3) Section 632(d) is amended by striking out 
        ``sections 506, 522, and 523,'' in the first sentence 
        and inserting in lieu thereof ``section 506''.
          (4) Section 634(d) is amended by inserting ``or any 
        other'' between ``under this'' and ``Act'' in the 
        fourth sentence.
          (5) Section 644(m) is amended by striking out ``and 
        sales'' in the first sentence of the paragraph 
        following numbered paragraph (3).
    (c) References in law to the provisions of law repealed by 
subsection (a) of this section shall hereafter be deemed to be 
references to this Act or appropriate provisions of this Act. 
Except for the laws specified in section 44, no other provision 
of law shall be deemed to apply to this Act unless it refers 
specifically to this Act or refers generally to sales of 
defense articles and defense services under any Act.
    Sec. 46.\237\ Savings Provisions.--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 provisions of law repealed by 
section 45(a) shall continue in full force and effect until 
modified by appropriate authority.

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    \237\ 22 U.S.C. 2341 note.
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    Sec. 47.\238\ Definitions.--For purposes of this Act, the 
term--

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    \238\ 22 U.S.C. 2794 note. Sec. 47 was added by sec. 25(12) of the 
FA Act of 1973.
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    (1) ``excess defense article'' has the meaning provided by 
section 644(g) of the Foreign Assistance Act of 1961;
    (2) ``value'' means, in the case of an excess defense 
article, except as otherwise provided in sec. 21(a),\239\ not 
less than the greater of--

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    \239\ This reference to sec. 21(a) was added by sec. 102(b) of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat 197).
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          (A) the gross cost incurred by the United States 
        Government in repairing, rehabilitating, or modifying 
        such article, plus the scrap value; or
          (B) the market value, if ascertainable;
    (3) \240\ ``defense article'', except as provided in 
paragraph (7) of this section, includes--

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    \240\ Sec. 215 of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 746) added 
pars. (3), (4), (5), (6), and (7).
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          (A) any weapon, weapons system, munition, aircraft, 
        vessel, boat, or other implement of war,
          (B) any property, installation, commodity, material, 
        equipment, supply, or goods used for the purposes of 
        making military sales,
          (C) any machinery, facility, tool, material, supply, 
        or other item necessary for the manufacture, 
        production, processing, repair, servicing, storage, 
        construction, transportation, operation, or use of any 
        article listed in this paragraph, and
          (D) any component or part of any article listed in 
        this paragraph,
but does not include merchant vessels or (as defined by the 
Atomic Energy Act of 1954) source material (except uranium 
depleted in the isotope 235 which is incorporated in defense 
articles solely to take advantage of high density or pyrophoric 
characteristics unrelated to radioactivity),\241\ byproduct 
material, special nuclear material, production facilities, 
utilization facilities, or atomic weapons or articles involving 
Restricted Data;

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    \241\ The parenthetical phrase was added by sec. 22 of the 
International Security Assistance Act of 1979 (Public Law 96-92; 93 
Stat. 710). See also sec. 110 of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3138), 
page 507.
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    (4) \240\ ``defense service'', except as provided in 
paragraph (7) of this section, includes any service, test, 
inspection, repair, training, publication, technical or other 
assistance, or defense information (as defined in section 
644(e) of the Foreign Assistance Act of 1961) used for the 
purposes of making military sales, but does not include design 
and construction services under section 29 of this Act; \242\

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    \242\ The words, ``but does not include design and construction 
services under section 29 of this Act'' were added by sec. 105(f) of 
the International Security and Development Cooperation Act of 1980 
(Public Law 96-533; 94 Stat. 3135).
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    (5) \240\ ``training'' includes formal or informal 
instruction of foreign students in the United States or 
overseas by officers or employees of the United States, 
contract technicians, or contractors (including instruction at 
civilian institutions), or by correspondence courses, 
technical, educational, or information publications and media 
of all kinds, training aid, orientation, training exercise, and 
military advice to foreign military units and forces;
    (6) \240\ ``major defense equipment'' means any item of 
significant military \243\ equipment on the United States 
Munitions List having a nonrecurring research and development 
cost of more than $50,000,000 or a total production cost of 
more than $200,000,000;

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    \243\ Sec. 1211 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279) inserted 
``military'' in lieu of ``combat''.
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    (7) \240\ ``defense articles and defense services'' means, 
with respect to commercial exports subject to the provisions of 
section 38 of this Act, those items designated by the President 
pursuant to subsection (a)(1) of such section; \244\

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    \244\ Sec. 144 of Public Law 104-164 (110 Stat. 1434) struck out 
``and'' at the end of para. (7); struck out the period at the end of 
para. (8) and inserted in lieu thereof ``; and''; and added a new para. 
(9).
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    (8) \245\ ``design and construction services'' means, with 
respect to sales under section 29 of this Act, the design and 
construction of real property facilities, including necessary 
construction equipment and materials, engineering services, 
construction contract management services relating thereto, and 
technical advisory assistance in the operation and maintenance 
of real property facilities provided or performed by any 
department or agency of the Department of Defense or by a 
contractor pursuant to a contract with such department or 
agency; and \244\

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    \245\ Par. (8) was added by sec. 105(f) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3135).
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    (9) \244\ ``significant military equipment'' means 
articles--
          (A) for which special export controls are warranted 
        because of the capacity of such articles for 
        substantial military utility or capability; and
          (B) identified on the United States Munitions List.

           Chapter 5--SPECIAL DEFENSE ACQUISITION FUND \246\

    Sec. 51.\247\ Special Defense Acquisition Fund.--(a)(1) 
Under the direction of the President and in consultation with 
the Secretary of State, the Secretary of Defense shall 
establish a Special Defense Acquisition Fund (hereafter in this 
chapter referred to as the ``Fund''), to be used as a revolving 
fund separate from other accounts, under the control of the 
Department of Defense, to finance the acquisition of defense 
articles and defense service in anticipation of their transfer 
pursuant to this Act, the Foreign Assistance Act of 1961, or as 
otherwise authorized by law, to eligible foreign countries and 
international organizations, and may acquire such articles and 
services with the funds in the Fund as he may determine. 
Acquisition under this chapter of items for which the initial 
issue quantity requirements for United States Armed Forces have 
not been fulfilled and are not under current procurement 
contract shall be emphasized when compatible with security 
assistance requirements for the transfer of such items.

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    \246\ Chapter 5 was added by sec. 108(a) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1522).
    \247\ 22 U.S.C. 2795.
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    (2) Nothing in this chapter may be construed to limit or 
impair any responsibilities conferred upon the Secretary of 
State or the Secretary of Defense under this Act or the Foreign 
Assistance Act of 1961.
    (3) \248\ The Fund may be used to keep on continuous order 
such defense articles and defense services as are assigned by 
the Department of Defense for integrated management by a single 
agency thereof for the common use of all military departments 
in anticipation of the transfer of similar defense articles and 
defense services to foreign countries and international 
organizations pursuant to this Act, the Foreign Assistance Act 
of 1986, or other law.

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    \248\ Sec. 121 (a) and (b) of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 204), 
added 51(a)(3) and amended sec. 51(b).
    Sec. 114(c) of title 10 U.S.C., limited the size of the Special 
Defense Acquisition Fund to $1,070,000,000.
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    (4) \249\ The Fund shall also be used to acquire defense 
articles that are particularly suited for use for narcotics 
control purposes and are appropriate to the needs of recipient 
countries, such as small boats, planes (including helicopters), 
and communications equipment.

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    \249\ Sec. 4 of the International Narcotics Control Act of 1989 
(Public Law 101-231; 103 Stat. 1957) added par. (4). Sec. 145(b) of 
Public Law 104-164 (110 Stat. 1434) struck out designation for subpara. 
(A), and struck out subpara. (B), which had required that information 
relating to acquisitions under this section be included in an annual 
report to Congress.
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    (b) \248\ The Fund shall consist of--
          (1) collections from sales made under letters of 
        offer issued pursuant to section 21(a)(1)(A) of this 
        Act representing the actual value of defense articles 
        not intended to be replaced in stock,
          (2) collections from sales representing the value of 
        asset use charges (including contractor rental payments 
        for United States Government-owned plant and production 
        equipment) and charges for the proportionate recoupment 
        of nonrecurring research, development, and production 
        costs, and
          (3) collections from sales made under letters of 
        offer (or transfers made under the Foreign Assistance 
        Act of 1961) of defense articles and defense services 
        acquired under this chapter, representing the value of 
        such items calculated in accordance with subparagraph 
        (B) or (C) of section 21(a)(1) or section 22 of this 
        Act or section 644(m) of the Foreign Assistance Act of 
        1961, as appropriate,
together with such funds as may be authorized and appropriated 
or otherwise made available for the purposes of the Fund.
    (c)(1) The size of the Fund may not exceed such dollar 
amount as is prescribed in section 114(c) of title 10, United 
States Code.\250\ For purposes of this limitation, the size of 
the Fund is the amounts in the Fund plus the value (in terms of 
acquisition cost) of the defense articles acquired under this 
chapter which have not been transferred from the Fund in 
accordance with this chapter.

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    \250\ Sec. 114(c) of title 10, U.S.C., was originally codified at 
sec. 138(g) of title 10, U.S.C.. Sec. 138(g) of title 10, U.S.C., as 
added by sec. 109(b) of Public Law 97-113 (95 Stat. 1524) and amended 
by sec. 1103 of the DOD Authorization Act, 1983, (Public Law 97-252; 96 
Stat. 738), provided that the Special Defense Acquisition Fund ``may 
not exceed $300,000,000 in fiscal year 1982, may not exceed 
$600,000,000 in fiscal year 1983, and may not exceed $900,000,000 in 
fiscal year 1984 or any fiscal year thereafter.'' The DOD Authorization 
Act, 1986, sec. 1403, (Public Law 99-145; 99 Stat. 743) changed the 
amount of the program ceiling to $1,000,000,000. Sec. 1304(a) of the 
DOD Authorization Act, 1987, (Public Law 99-661; 100 Stat. 3816) 
increased the ceiling to $1,070,000,000. Public Law 99-433, the DOD 
Reorganization Act of 1986, redesignated sec. 138(g) of title 10 as 
sec. 114(c).
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    (2) Amounts in the Fund shall be available for obligation 
in any fiscal year only to such extent or in such amounts as 
are provided in advance in appropriation Acts.\251\

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    \251\ Title III of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 
Stat. 1622), as amended by sec. 536 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1998 (Public Law 
105-118; 111 Stat. 2416), provided the following:

                   ``special defense acquisition fund

    ``Notwithstanding any provision of Public Law 102-391 as amended by 
Public Law 103-87, not to exceed $140,000,000 of the obligational 
authority provided in that Act under the heading `Special Defense 
Acquisition Fund' may be obligated pursuant to section 51(c)(2) of the 
Arms Export Control Act.
    ``Not to exceed $20,000,000 may be obligated pursuant to section 
51(c)(2) of the Arms Export Control Act for the purposes of closing the 
Special Defense Acquisition Fund, to remain available for obligation 
until September 30, 2000: Provided, That the authority provided in this 
Act is not used to initiate new procurements.''.
    Amounts provided for the Fund in recent years are as follows: 
fiscal year 1982--$125,000,000; fiscal year 1983--$125,000,000; fiscal 
year 1984--$225,000,000; fiscal year 1985--$325,000,000; fiscal year 
1986--$325,000,000; fiscal year 1988--$236,835,000; fiscal year 1989--
$236,865,000 (available for obligation until September 30, 1991); 
fiscal year 1990--$280,000,000 (available for obligation until 
September 30, 1992--subject to conditions in Public Law 102-298); 
fiscal year 1991--$350,000,000 (available for obligation until 
September 30, 1993--subject to conditions in Public Law 102-298); 
fiscal year 1992--$275,000,000 (available for obligation until 
September 30, 1994--subject to 1% reduction pursuant to sec. 591 of 
H.R. 2621 as passed by the House on June 19, 1991, and subject to 
1.4781% reduction pursuant to sec. 126 of Public Law 102-145, as 
amended); fiscal year 1993--$225,000,000 (available for obligation 
until September 30, 1995); fiscal year 1994--$160,000,000.
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    Sec. 52.\252\ Use and Transfer of Items Procured by the 
Fund.--(a) No defense article or defense service acquired by 
the Secretary of Defense under this chapter may be transferred 
to any foreign country or international organization unless 
such transfer is authorized by this Act, the Foreign Assistance 
Act of 1961, or other law.

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    \252\ 22 U.S.C. 2795a.
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    (b) The President may authorize the temporary use by the 
United States Armed Forces of defense articles and defense 
services acquired under this chapter prior to their transfer to 
a foreign country or international organization, if such is 
necessary to meet national defense requirements and the United 
States Armed Forces bear the costs of operation and maintenance 
of such articles or services while in their use and the costs 
of restoration or replacement upon the termination of such use.
    (c) Except as provided in subsection (b) of this section, 
the Fund may be used to pay for storage, maintenance, and other 
costs related to the preservation and preparation for transfer 
of defense articles and defense services acquired under this 
chapter prior to their transfer, as well as the administrative 
costs of the Department of Defense incurred in the acquisition 
of such items to the extent not reimbursed pursuant to section 
43(b) of this Act.
    Sec. 53.\253\ * * * [Repealed--1996]

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    \253\ Formerly at 22 U.S.C. 2795b. Sec. 145(a) of Public Law 104-
164 (110 Stat. 1434) repealed sec. 53, which had required the President 
to file an annual comprehensive report on acquisitions of defense 
articles and defense services under this chapter.
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     Chapter 6--LEASES OF DEFENSE ARTICLES AND LOAN AUTHORITY FOR 
          COOPERATIVE RESEARCH AND DEVELOPMENT PURPOSES \254\

    Sec. 61.\255\ Leasing Authority.--(a) The President may 
lease defense articles in the stocks of the Department of 
Defense to an eligible foreign country or international 
organization if--

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    \254\ Chapter 6 was added by sec. 109(a) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1524). Sec. 1003(b) of Public Law 100-456 revised the title of 
chapter 6. It formerly read ``Leases of Defense Articles''.
    \255\ 22 U.S.C. 2796.
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          (1) he determines that there are compelling foreign 
        policy and national security reasons for providing such 
        articles on a lease basis rather than on a sales basis 
        under this Act;
          (2) he determines that the articles are not for the 
        time needed for public use; \256\

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    \256\ Sec. 731(e) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503), struck 
out ``and'' at the end of para. (2); redesignated para. (3) as para. 
(4); added a new para (3); and struck out ``paragraph (3)'' in lieu of 
``paragraph (4)'' in the last two sentences of subsec. (a).
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          (3) \256\ the President first considers the effects 
        of the lease of the articles on the national technology 
        and industrial base, particularly the extent, if any, 
        to which the lease reduces the opportunities of 
        entities in the national technology and industrial base 
        to sell new equipment to the country or countries to 
        which the articles are leased; and
          (4) \256\ the country or international organization 
        has agreed to pay in United States dollars all costs 
        incurred by the United States Government in leasing 
        such articles, including reimbursement for depreciation 
        of such articles while leased, the costs of restoration 
        or replacement if the articles are damaged while 
        leased, and, if the articles are lost or destroyed 
        while leased--\257\

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    \257\ Sec. 146 of Public Law 104-164 (110 Stat. 1434) struck out 
``and the replacement cost (less any depreciation in the value) of the 
articles if the articles are lost or destroyed while leased.'' and 
inserted in lieu thereof ``and, if the articles are lost or destroyed 
while leased--'' and subparas. (A) and (B).
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                  (A) in the event the United States intends to 
                replace the articles lost or destroyed, the 
                replacement cost (less any depreciation in the 
                value) of the articles; or
                  (B) in the event the United States does not 
                intend to replace the articles lost or 
                destroyed, an amount not less than the actual 
                value (less any depreciation in the value) 
                specified in the lease agreement.
The requirement of paragraph (4) \256\ shall not apply to 
leases entered into for purposes of cooperative research or 
development, military exercises, or communications or 
electronics interface projects.\258\ The President may waive 
the requirement of paragraph (4) for reimbursement of 
depreciation for any defense article which has passed three-
quarters of its normal service life if the President determines 
that to do so is important to the national security interest of 
the United States.\259\

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    \258\ Sec. 153(a)(1) of Public Law 104-164 (110 Stat. 1440) struck 
out ``, or to any defense article which has passed three-quarters of 
its normal service life'' at the end of the second sentence of sec. 
61(a).
    \259\ Sec. 153(a)(2) of Public Law 104-164 (110 Stat. 1440) added 
this sentence. Sec. 153(b) of that Act (22 U.S.C. 2796 note) further 
provided: ``The third sentence of section 61(a) of the Arms Export 
Control Act, as added by subsection (a)(2), shall apply only with 
respect to a defense article leased on or after the date of the 
enactment of this Act.''.
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     \260\ The President may waive the requirement of paragraph 
(4) \256\ with respect to a lease which is made in exchange 
with the lessee for a lease on substantially reciprocal terms 
of defense articles for the Department of Defense, except that 
this waiver authority--

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    \260\ The words from this point to the end of subsec. (a) were 
added by sec. 147 of the Continuing Appropriations Act for Fiscal Year 
1987 (Public Law 99-591; 100 Stat. 3341-354).
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          (A) may be exercised only if the President submits to 
        the Committee on Foreign Affairs \261\ and the 
        Committee on Appropriations of the House of 
        Representatives and the Committee on Foreign Relations 
        and the Committee on Appropriations of the Senate, in 
        accordance with the regular notification procedures of 
        those Committees, a detailed notification for each 
        lease with respect to which the authority is exercised; 
        and

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    \261\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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          (B) may be exercised only during the fiscal year 1998 
        \262\ and only with respect to one country, unless the 
        Congress hereafter provides otherwise.

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    \262\ Sec. 524 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2412), struck out ``1997'' and inserted in lieu thereof ``1998''. 
Previously, sec. 524 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of 
the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208; 
110 Stat. 3009) struck out ``1996'' and inserted in lieu thereof 
``1997''; sec. 524 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 729), struck out ``1995'' and ``inserted in lieu thereof 
``1996''; and sec. 524 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 
Stat. 1633), struck out ``1994'' and ``inserted in lieu thereof 
``1995''.
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The preceding sentence does not constitute authorization of 
appropriations for payments by the United States for leased 
articles.
    (b) Each lease agreement under this section shall be for a 
fixed duration of not to exceed five years and shall provide 
that, at any time during the duration of the lease, the 
President may terminate the lease and require the immediate 
return of the leased articles.
    (c) Defense articles in the stocks of the Department of 
Defense may be leased or loaned to a foreign country or 
international organization only under the authority of this 
chapter or chapter 2 of part II of the Foreign Assistance Act 
of 1961, and may not be leased to a foreign country or 
international organization under the authority of section 2667 
of title 10, United States Code.
    Sec. 62.\263\ Reports to the Congress.--(a) Before \264\ 
entering into or renewing any agreement with a foreign country 
or international organization to lease any defense article 
under this chapter, or to loan any defense article under 
chapter 2 of part II of the Foreign Assistance Act of 1961, for 
a period of one year or longer, the President shall transmit to 
the Speaker of the House of Representatives, and to the 
chairman of the Committee on Foreign Relations of the Senate 
and the chairman of the Committee on Armed Services of the 
Senate, a written certification which specifies--

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    \263\ 22 U.S.C. 2796a.
    \264\ Sec. 141(e)(1)(A) of Public Law 104-164 (110 Stat. 1432) 
struck out ``Not less than 30 days before'' and inserted in lieu 
thereof ``Before''.
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          (1) the country or international organization to 
        which the defense article is to be leased or loaned;
          (2) the type, quantity, and value (in terms of 
        replacement cost) of the defense article to be leased 
        or loaned;
          (3) the terms and duration of the lease or loan; and
          (4) a justification for the lease or loan, including 
        an explanation of why the defense article is being 
        leased or loaned rather than sold under this Act.
    (b) The President may waive the requirements of this 
section (and in the case of an agreement described in section 
63, may waive the provisions of that section) if he states in 
his certification,\265\ that an emergency exists which requires 
that the lease or loan be entered into immediately in the 
national security interests of the United States. If the 
President states in his certification that such an emergency 
exists, he shall set forth in the certification a detailed 
justification for his determination, including a description of 
the emergency circumstances which necessitate that the lease be 
entered into immediately and a discussion of the national 
security interests involved.\266\

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    \265\ Sec. 141(e)(1)(B)(i) of Public Law 104-164 (110 Stat. 1432) 
struck out ``determines, and immediately reports to the Congress'', and 
inserted in lieu thereof ``states in his certification''.
    \266\ Sec. 141(e)(1)(B)(ii) of Public Law 104-164 (110 Stat. 1432) 
added the sentence that begins ``In the President states''.
    Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that 
``amendments made by this section [sec. 141] apply with respect to 
certifications required to be submitted on or after the date of the 
enactment of this Act [July 21, 1996].''.
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    (c) \267\ The certification required by subsection (a) 
shall be transmitted)--

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    \267\ Sec. 141(e)(1)(C) of Public Law 104-164 (110 Stat. 1433) 
added subsec. (c).
    Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that 
``amendments made by this section [sec. 141] apply with respect to 
certifications required to be submitted on or after the date of the 
enactment of this Act [July 21, 1996].''.
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          (1) not less than 15 calendar days before the 
        agreement is entered into or renewed in the case of an 
        agreement with the North Atlantic Treaty Organization, 
        any member country of that Organization or Australia, 
        Japan, or New Zealand; and
          (2) not less than 30 calendar days before the 
        agreement is entered into or renewed in the case of an 
        agreement with any other organization or country.
    Sec. 63.\268\ Legislative Review.--(a) \269\ In the case of 
any agreement involving the lease under this chapter, or the 
loan under chapter 2 of part II of the Foreign Assistance Act 
of 1961, to any foreign country or international organization 
for a period of one year or longer of any defense articles 
which are either (i) major defense equipment valued (in terms 
of its replacement cost less any depreciation in its value) at 
$14,000,000 or more, or (ii) defense articles valued (in terms 
of their replacement cost less any depreciation in their value) 
at $50,000,000 or more, the agreement may not be entered into 
or renewed if the Congress, within the 15-day or 30-day period 
specified in section 62(c) (1) or (2), as the case may be,\270\ 
enacts a joint \271\ resolution prohibiting the proposed lease 
or loan.

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    \268\ 22 U.S.C. 2796b.
    \269\ Sec. 141(e)(2) of Public Law 104-164 (110 Stat. 1433) struck 
out designation for para. (1), and struck out para. (2), which had 
provided as follows:
    ``(2) This section shall not apply with respect to a loan or lease 
to the North Atlantic Treaty Organization, any member country of that 
Organization, Japan, Australia, or New Zealand.''.
    \270\ Sec. 141(e)(2) of Public Law 104-164 (110 Stat. 1433) struck 
out ``30 calendar days after receiving the certification with respect 
to that proposed agreement pursuant to section 62(a),'' and inserted in 
lieu thereof ``the 15-day or 30-day period specified in section 62(c) 
(1) or (2), as the case may be,''.
    Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that 
``amendments made by this section [sec. 141] apply with respect to 
certifications required to be submitted on or after the date of the 
enactment of this Act [July 21, 1996].''.
    \271\ Sec. (d) of Public Law 99-247 (100 Stat. 9) struck out 
``concurrent'' and inserted ``joint''.
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    (b) Any joint \271\ resolution under subsection (a) shall 
be considered in the Senate in accordance with the provisions 
of section 601(b) of the International Security Assistance and 
Arms Export Control Act of 1976.
    (c) For the purpose of expediting the consideration and 
enactment of joint \271\ resolutions under subsection (a), a 
motion to proceed to the consideration of any such resolution 
after it has been reported by the appropriate committee shall 
be treated as highly privileged in the House of 
Representatives.
    Sec. 64.\272\ Application of Other Provisions of Law.--Any 
reference to sales of defense articles under this Act in any 
provision of law restricting the countries or organizations to 
which such sales may be made shall be deemed to include a 
reference to leases of defense articles under this chapter.

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    \272\ 22 U.S.C. 2796c.
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    Sec. 65.\273\ Loan of Materials, Supplies, and Equipment 
for Research and Development Purposes.--(a)(1) Except as 
provided in subsection (c), the Secretary of Defense may loan 
to a country that is a NATO or major non-NATO ally materials, 
supplies, or equipment for the purpose of carrying out a 
program of cooperative research, development, testing, or 
evaluation. The Secretary may accept as a loan or a gift from a 
country that is a NATO or major non-NATO ally materials, 
supplies, or equipment for such purpose.

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    \273\ 22 U.S.C. 2796d. Sec. 1003(a) of the National Defense 
Authorization Act for Fiscal Year 1989 (Public Law 100-456; 102 Stat. 
2038) added sec. 65.
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    (2) Each loan or gift transaction entered into by the 
Secretary under this section shall be provided for under the 
terms of a written agreement between the Secretary and the 
country concerned.
    (3) A program of testing or evaluation for which the 
Secretary may loan materials, supplies, or equipment under this 
section includes a program of testing or evaluation conducted 
solely for the purpose of standardization, interchangeability, 
or technical evaluation if the country to which the materials, 
supplies, or equipment are loaned agrees to provide the results 
of the testing or evaluation to the United States without 
charge.
    (b) The materials, supplies, or equipment loaned to a 
country under this section may be expended or otherwise 
consumed in connection with any testing or evaluation program 
without a requirement for reimbursement of the United States if 
the Secretary--
          (1) determines that the success of the research, 
        development, test, or evaluation depends upon expending 
        or otherwise consuming the materials, supplies, or 
        equipment loaned to the country; and
          (2) approves of the expenditure or consumption of 
        such materials, supplies, or equipment.
    (c) The Secretary of Defense may not loan to a country 
under this section any material if the material is a strategic 
and critical material and if, at the time the loan is to be 
made, the quantity of the material in the National Defense 
Stockpile (provided for under section 3 of the Strategic and 
Critical Materials Stock Piling Act (50 U.S.C. 98b)) is less 
than the quantity of such material to be stockpiled, as 
determined by the President under section 3(a) of such Act.
    (d) For purposes of this section, the term ``NATO \274\ 
ally'' means a member country of the North Atlantic Treaty 
Organization (other than the United States).\275\

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    \274\ Sec. 147(a)(3)(B)(i) of Public Law 104-164 (110 Stat. 1435) 
struck out ``or major non-NATO'' after ``NATO''.
    \275\ Sec. 147(a)(3)(B)(ii) of Public Law 104-164 (110 Stat. 1435) 
struck out ``or a foreign country other than a member nation of NATO 
designated as a major non-NATO ally under section 2350a(i)(3) of title 
10, United States Code'' after the parentheses. Previously, sec. 
705(d)(2) of Public Law 102-25 (105 Stat. 120) struck out ``section 
1105 of the National Defense Authorization Act for Fiscal Year 1987 (22 
U.S.C. 2767a)'' and inserted in lieu thereof ``section 2350a(i)(3) of 
title 10, United States Code''. Sec. 1105 of the National Defense 
Authorization Act for Fiscal Year 1987 was repealed in 1989.
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  CHAPTER 7--CONTROL OF MISSILES AND MISSILE EQUIPMENT OR TECHNOLOGY 
                                 \276\

    Sec. 71.\277\ Licensing.--

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    \276\ Sec. 1703 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1745) added chapter 7, 
secs. 71-74.
    \277\ 22 U.S.C. 2797.
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    (a) Establishment of List of Controlled Items.--The 
Secretary of State, in consultation with the Secretary of 
Defense, the Director of the Arms Control and Disarmament 
Agency,\278\ and the heads of other appropriate departments and 
agencies, shall establish and maintain, as part of the United 
States Munitions List, a list of all items on the MTCR Annex 
the export of which is not controlled under section 6(l) of the 
Export Administration Act of 1979.

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    \278\ Sec. 714(a)(3) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497), 
inserted ``, the Director of the Arms Control and Disarmament Agency,'' 
after ``the Secretary of Defense''.
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  (b) Referral of License Applications.--(1) A determination of 
the Secretary of State to approve a license for the export of 
an item on the list established under subsection (a) may be 
made only after the license application is referred to the 
Secretary of Defense and the Director of the United States Arms 
Control and Disarmament Agency.\279\

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    \279\ Sec. 714(a)(4) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497), 
inserted ``and the Director of the United States Arms Control and 
Disarmament Agency'' after ``Secretary of Defense''.
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  (2) Within 10 days after a license is issued for the export 
of an item on the list established under subsection (a), the 
Secretary of State shall provide to the Secretary of Defense, 
the Secretary of Commerce, and the Director of the United 
States Arms Control and Disarmament Agency \280\ the license 
application and accompanying documents issued to the applicant, 
to the extent that the relevant Secretary or the Director \281\ 
indicates the need to receive such application and documents.

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    \280\ Sec. 714(a)(5)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497), struck 
out ``and the Secretary of Commerce'' and inserted in lieu thereof ``, 
the Secretary of Commerce, and the Director of the United States Arms 
Control and Disarmament Agency''.
    \281\ Sec. 714(a)(5)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497), 
inserted ``or the Director'' after ``relevant Secretary''.
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  (c) Information Sharing.--The Secretary of State shall 
establish a procedure for sharing information with appropriate 
officials of the intelligence community, as determined by the 
Director of Central Intelligence, with the Director of the 
United States Arms Control and Disarmament Agency,\282\ and 
with other appropriate Government agencies, that will ensure 
effective monitoring of transfers of MTCR equipment or 
technology and other missile technology.

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    \282\ Sec. 714(a)(6) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497), 
inserted ``with the Director of the United States Arms Control and 
Disarmament Agency,'' after ``Director of Central Intelligence,''.
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    (d) \283\ Exports to Space Launch Vehicle Programs.--Within 
15 days after the issuance of a license for the export of items 
valued at less than $14,000,000 that are controlled under this 
Act pursuant to United States obligations under the Missile 
Technology Control Regime and intended to support the design, 
development, or production of a space launch vehicle system 
listed in Category I of the MTCR Annex, the Secretary shall 
transmit to the Congress a report describing the licensed 
export and rationale for approving such export, including the 
consistency of such export with United States missile 
nonproliferation policy. The requirement contained in the 
preceding sentence shall not apply to licenses for exports to 
countries that were members of the MTCR as of April 17, 1987.

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    \283\ Sec. 735(c) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 506), added 
subsec. (d).
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    Sec. 72.\284\, \285\ Denial of the Transfer of 
Missile Equipment or Technology by United States Persons.

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    \284\ 22 U.S.C. 2797a.
    \285\ Executive Order 12851 of June 11, 1993 (58 F.R. 33181) 
provided for the administration of proliferation sanctions, Middle East 
Arms Control, and related Congressional reporting requirements, 
including the following:
    ``Sec. 2. Missile Proliferation Sanctions. (a) Arms Export Control 
Act. The authority and duties vested in me by section 72-73 of the AECA 
(22 U.S.C. 2797a-2797b) are delegated to the Secretary of State, except 
that:
          ``(1) The authority and duties vested in me by section 
        72(a)(1) to make determinations with respect to violations by 
        United States persons of the EAA are delegated to the Secretary 
        of Commerce.
          ``(2) The authority and duties vested in me to deny certain 
        United States Government contracts as provided in sections 
        73(a)(2)(A)(i) and 73(a)(2)(B)(i), pursuant to a determination 
        made by the Secretary of State under section 73(a)(1), as well 
        as the authority and duties vested in me to make the findings 
        provided in sections 72(c), 73(f), and 73(g)(1), are delegated 
        to the Secretary of Defense. The Secretary of State shall 
        issue, transmit to the Congress, and notify the Secretary of 
        the Treasury of, as appropriate, any waivers based upon 
        findings made pursuant to sections 72(c) and 73(f).
          ``(3) The authority and duties vested in me to prohibit 
        certain imports as provided in section 73(a)(2)(C), pursuant to 
        a determination made by the Secretary of State under that 
        section, and the obligation to implement the exceptions 
        provided in section 73(g), are delegated to the Secretary of 
        the Treasury.''.
    This Executive order superceded a memorandum of the President of 
June 25, 1991, delegating authority regarding missile technology 
proliferation (56 F.R. 31041; July 8, 1991).
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  (a) Sanctions.--(1) If the President determines that a United 
States person knowingly--
          (A) exports, transfers, or otherwise engages in the 
        trade of any item on the MTCR Annex, in violation of 
        the provisions of section 38 of this Act, section 5 or 
        6 of the Export Administration Act of 1979 (50 U.S.C. 
        App. 2404, 2405), or any regulations or orders issued 
        under any such provisions,
          (B) conspires to or attempts to engage in such 
        export, transfer, or trade, or
          (C) facilitates such export, transfer, or trade by 
        any other person,
then the President shall impose the applicable sanctions 
described in paragraph (2).
  (2) The sanctions which apply to a United States person under 
paragraph (1) are the following:
          (A) If the item on the MTCR Annex involved in the 
        export, transfer, or trade is missile equipment or 
        technology within category II of the MTCR Annex, then 
        the President shall deny to such United States person 
        for a period of 2 years--
                  (i) United States Government contracts 
                relating to missile equipment or technology; 
                and
                  (ii) licenses for the transfer of missile 
                equipment or technology controlled under this 
                Act.
          (B) If the item on the MTCR Annex involved in the 
        export, transfer, or trade is missile equipment or 
        technology within category I of the MTCR, then the 
        President shall deny to such United States person for a 
        period of not less than 2 years--
                  (i) all United States Government contracts, 
                and
                  (ii) all export licenses and agreements for 
                items on the United States Munitions List.
  (b) Discretionary Sanctions.--In the case of any 
determination made pursuant to subsection (a), the President 
may pursue any penalty provided in section 38(c) of this Act.
    (c) \286\ Presumption.--In determining whether to apply 
sanctions under subsection (a) to a United States person 
involved in the export, transfer, or trade of an item on the 
MTCR Annex, it should be a rebuttable presumption that such 
item is designed for use in a missile listed in the MTCR Annex 
if the President determines that the final destination of the 
item is a country the government of which the Secretary of 
State has determined, for purposes of 6(j)(1)(A) of the Export 
Administration Act of 1979, has repeatedly provided support for 
acts of international terrorism.

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    \286\ Sec. 734(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 505), 
redesignated subsec. (c) as subsec. (d), and added a new subsec. (c).
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  (d) \286\ Waiver.--The President may waive the imposition of 
sanctions under subsection (a) with respect to a product or 
service if the President certifies to the Congress that--
          (1) the product or service is essential to the 
        national security of the United States; and
          (2) such person is a sole source supplier of the 
        product or service, the product or service is not 
        available from any alternative reliable supplier, and 
        the need for the product or service cannot be met in a 
        timely manner by improved manufacturing processes or 
        technological developments.
    Sec. 73.\285\, \287\ Transfers of Missile 
Equipment or Technology by Foreign Persons.

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    \287\ 22 U.S.C. 2797b.
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  (a) Sanctions.--(1) \288\ Subject to subsections (c) through 
(g), if the President determines that a foreign person, after 
the date of the enactment of this chapter, knowingly--

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    \288\ On May 29, 1996 (61 F.R. 29785), the Acting Assistant 
Secretary of State for Political-Military Affairs issued a 
determination pursuant to this para., finding that the ``following 
persons have engaged in missile technology proliferation activities 
that require the imposition of the sanctions described in Section 
73(a)(2)(A) of the Arms Export Control Act (22 U.S.C. 2797b(a)(2)(A)) 
and Section 11B(b)(1)(B)(i) of the Export Administration Act of 1979 
(50 U.S.C. app. 2410b(b)(1)(B)(i) on these entities and their sub-units 
and successors:
          ``(1) Changgwang Sinyong Corporation (aka the Korea Mining 
        Development Trading Bureau) (North Korea)
          ``(2) Ministry of Defense Armed Forces Logistics (Iran)
          ``(3) State Purchasing Office (Iran)''.
    On August 6, 1997 (62 F.R. 44302), the Acting Assistant Secretary 
of State for Political-Military Affairs issued a determination pursuant 
to this para., finding that the ``following persons have engaged in 
missile technology proliferation activities that require the imposition 
of the sanctions described in Section 73(a)(2)(A) of the Arms Export 
Control Act (22 U.S.C. 2797b(a)(2)(A)) and Section 11B(b)(1)(B)(i) of 
the Export Administration Act of 1979 (50 U.S.C. app. 2410b(b)(1)(B)(i) 
on these entities and their sub-units and successors:
          ``(1) Lyongaksan General Trading Corporation (North Korea).
          ``(2) Korea Pugang Trading Corporation (North Korea).''.
    On August 6, 1997, the Under Secretary of State for Political-
Military Affairs made a determination pursuant to this section, but 
``concluded that publication of the determination would be harmful to 
the national security of the United States'' (Department of State 
Public Notice 2591; 62 F.R. 44303).
    For the President's Memorandum of June 25, 1991, delegating 
authority regarding missile technology proliferation, see 56 F.R. 
31041, July 8, 1991.
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          (A) exports, transfers, or otherwise engages in the 
        trade of any MTCR equipment or technology that 
        contributes to the acquisition,\289\ design, 
        development, or production of missiles in a country 
        that is not an MTCR adherent and would be, if it were 
        United States-origin equipment or technology, subject 
        to the jurisdiction of the United States under this 
        Act,

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    \289\ Sec. 323(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 711), 
inserted ``acquisition,''.
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          (B) conspires to or attempts to engage in such 
        export, transfer, or trade, or
          (C) facilitates such export, transfer, or trade by 
        any other person,
or if the President has made a determination with respect to a 
foreign person under section 11B(b)(1) of the Export 
Administration Act of 1979, then the President shall impose on 
that foreign person the applicable sanctions under paragraph 
(2).
  (2) The sanctions which apply to a foreign person under 
paragraph (1) are the following:
          (A) \288\ If the item involved in the export, 
        transfer, or trade is within category II of the MTCR 
        Annex, then the President shall deny, for a period of 2 
        years--
                  (i) United States Government contracts 
                relating to missile equipment or technology; 
                and
                  (ii) licenses for the transfer to such 
                foreign person of missile equipment or 
                technology controlled under this Act.
          (B) If the item involved in the export, transfer, or 
        trade is within category I of the MTCR Annex, then the 
        President shall deny, for a period of not less than 2 
        years--
                  (i) all United States Government contracts 
                with such foreign person; and
                  (ii) licenses for the transfer to such 
                foreign person of all items on the United 
                States Munitions List.
          (C) If, in addition to actions taken under 
        subparagraphs (A) and (B), the President determines 
        that the export, transfer, or trade has substantially 
        contributed to the design, development,
        or production of missiles in a country that is not an 
        MTCR adherent, then the President shall prohibit, for a 
        period of not less than 2 years, the importation into 
        the United States of products produced by that foreign 
        person.
  (b) Inapplicability With Respect to MTCR Adherents.--
Subsection (a) does not apply with respect to--
          (1) any export, transfer, or trading activity that is 
        authorized by the laws of an MTCR adherent, if such 
        authorization is not obtained by misrepresentation or 
        fraud; or
          (2) any export, transfer, or trade of an item to an 
        end user in a country that is an MTCR adherent.
  (c) Effect of Enforcement Actions by MTCR Adherents.--
Sanctions set forth in subsection (a) may not be imposed under 
this section on a person with respect to acts described in such 
subsection or, if such sanctions are in effect against a person 
on account of such acts, such sanctions shall be terminated, if 
an MTCR adherent is taking judicial or other enforcement action 
against that person with respect to such acts, or that person 
has been found by the government of an MTCR adherent to be 
innocent of wrongdoing with respect to such acts.
  (d) Advisory Opinions.--The Secretary of State, in 
consultation with the Secretary of Defense, the Secretary of 
Commerce, and the Director of the United States Arms Control 
and Disarmament Agency,\290\ may, upon the request of any 
person, issue an advisory opinion to that person as to whether 
a proposed activity by that person would subject that person to 
sanctions under this section. Any person who relies in good 
faith on such an advisory opinion which states that the 
proposed activity would not subject a person to such sanctions, 
and any person who thereafter engages in such activity, may not 
be made subject to such sanctions on account of such activity.

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    \290\ Sec. 714(a)(7) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497), struck 
out ``and the Secretary of Commerce,'' and inserted in lieu thereof ``, 
the Secretary of Commerce, and the Director of the United States Arms 
Control and Disarmament Agency,''.
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  (e) Waiver and Report to Congress.--(1) In any case other 
than one in which an advisory opinion has been issued under 
subsection (d) stating that a proposed activity would not 
subject a person to sanctions under this section, the President 
may waive the application of subsection (a) to a foreign person 
if the President determines that such waiver is essential to 
the national security of the United States.
  (2) In the event that the President decides to apply the 
waiver described in paragraph (1), the President shall so 
notify the Committee on Armed Services and the Committee on 
Foreign Relations of the Senate and the Committee on National 
Security and the Committee on International Relations of the 
House of Representatives \291\ not less than 45 working days 
\291\ before issuing the waiver. Such notification shall 
include a report fully articulating the rationale and 
circumstances which led the President to apply the waiver.

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    \291\ Sec. 1408(d) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 494) (1) struck out 
``the Congress'' and inserted in lieu thereof ``the Committee on Armed 
Services and the Committee on Foreign Relations of the Senate and the 
Committee on National Security and the Committee on International 
Relations of the House of Representatives''; and (2) struck out ``20 
working days'' and inserted in lieu thereof ``45 working days''.
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    (f) \292\ Presumption.--In determining whether to apply 
sanctions under subsection (a) to a foreign person involved in 
the export, transfer, or trade of an item on the MTCR Annex, it 
should be a rebuttable presumption that such item is designed 
for use in a missile listed in the MTCR Annex if the President 
determines that the final destination of the item is a country 
the government of which the Secretary of State has determined, 
for purposes of 6(j)(1)(A) of the Export Administration Act of 
1979, has repeatedly provided support for acts of international 
terrorism.

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    \292\ Sec. 734(b) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 505), 
redesignated subsecs. (f) and (g) as subsecs. (g) and (h), and added a 
new subsec. (f).
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  (g) \292\ Additional Waiver.--The President may waive the 
imposition of sanctions under paragraph (1) on a person with 
respect to a product or service if the President certifies to 
the Congress that--
          (1) the product or service is essential to the 
        national security of the United States; and
          (2) such person is a sole source supplier of the 
        product or service, the product or service is not 
        available from any alternative reliable supplier, and 
        the need for the product or service cannot be met in a 
        timely manner by improved manufacturing processes or 
        technological developments.
  (h) \292\ Exceptions.--The President shall not apply the 
sanction under this section prohibiting the importation of the 
products of a foreign person--
          (1) in the case of procurement of defense articles or 
        defense services--
                  (A) under existing contracts or subcontracts, 
                including the exercise of options for 
                production quantities to satisfy requirements 
                essential to the national security of the 
                United States;
                  (B) if the President determines that the 
                person to which the sanctions would be applied 
                is a sole source supplier of the defense 
                articles and services, that the defense 
                articles or services are essential to the 
                national security of the United States, and 
                that alternative sources are not readily or 
                reasonably available; or
                  (C) if the President determines that such 
                articles or services are essential to the 
                national security of the United States under 
                defense coproduction agreements or NATO 
                Programs of Cooperation;
          (2) to products or services provided under contracts 
        entered into before the date on which the President 
        publishes his intention to impose the sanctions; or
          (3) to--
                  (A) spare parts,
                  (B) component parts, but not finished 
                products, essential to United States products 
                or production,
                  (C) routine services and maintenance of 
                products, to the extent that alternative 
                sources are not readily or reasonably 
                available, or
                  (D) information and technology essential to 
                United States products or production.

SEC. 73A.\293\ NOTIFICATION OF ADMITTANCE OF MTCR ADHERENTS.

    Following any action by the United States that results in a 
country becoming a MTCR adherent, the President shall transmit 
promptly to the Congress a report which describes the rationale 
for such action, together with an assessment of that country's 
nonproliferation policies, practices, and commitments. Such 
report shall also include the text of any agreements or 
understandings between the United States and such country 
regarding the terms and conditions of the country's adherence 
to the MTCR.

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    \293\ 22 U.S.C. 2797b-1. Sec. 735(d) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 506), added sec. 73A. Functions in this section are delegated to 
the Under Secretary of State for International Security Affairs 
(Department of State Public Notice 2086; Delegation of Authority No. 
214; 59 F.R. 50790).
-----------------------------------------------------------------------

    Sec. 74.\294\ Definitions.

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    \294\ 22 U.S.C. 2797c.
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  For purposes of this chapter--
          (1) the term ``missile'' means a category I system as 
        defined in the MTCR Annex, and any other unmanned 
        delivery system of similar capability, as well as the 
        specially designed production facilities for these 
        systems;
          (2) the term ``Missile Technology Control Regime'' or 
        ``MTCR'' means the policy statement, between the United 
        States, the United Kingdom, the Federal Republic of 
        Germany, France, Italy, Canada, and Japan, announced on 
        April 16, 1987, to restrict sensitive missile-relevant 
        transfers based on the MTCR Annex, and any amendments 
        thereto;
          (3) the term ``MTCR adherent'' means a country that 
        participates in the MTCR or that, pursuant to an 
        international understanding to which the United States 
        is a party, controls MTCR equipment or technology in 
        accordance with the criteria and standards set forth in 
        the MTCR;
          (4) the term ``MTCR Annex'' means the Guidelines and 
        Equipment and Technology Annex of the MTCR, and any 
        amendments thereto;
          (5) the terms ``missile equipment or technology'' and 
        ``MTCR equipment or technology'' mean those items 
        listed in category I or category II of the MTCR Annex;
          (6) the term ``United States person'' has the meaning 
        given that term in section 16(2) of the Export 
        Administration Act of 1979 (50 U.S.C. App. 2415(2));
          (7) the term ``foreign person'' means any person 
        other than a United States person;
          (8)(A) the term ``person'' means a natural person as 
        well as a corporation, business association, 
        partnership, society, trust, any other nongovernmental 
        entity, organization, or group, and any governmental 
        entity operating as a business enterprise, and any 
        successor of any such entity; and
          (B) in the case of countries with non-market 
        economies (excluding former members of the Warsaw 
        Pact),\295\ the term ``person'' means--

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    \295\ Popularly referred to as the Helms amendment. Sec. 323(b) of 
the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 
(Public Law 102-138; 105 Stat. 711), struck out ``countries where it 
may be impossible to identify a specific governmental entity referred 
to in subparagraph (A)'' and inserted in lieu thereof ``countries with 
non-market economies (excluding former members of the Warsaw Pact)''.
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                  (i) all activities of that government 
                relating to the development or production of 
                any missile equipment or technology; and
                  (ii) all activities of that government 
                affecting the development or production of 
                electronics, space systems or equipment, and 
                military aircraft; \296\ and

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    \296\ Sec. 323(c) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 711), struck 
out ``aircraft, electronics, and space systems or equipment'' and 
inserted in lieu thereof ``electronics, space systems or equipment, and 
military aircraft''.
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          (9) the term ``otherwise engaged in the trade of'' 
        means, with respect to a particular export or transfer, 
        to be a freight forwarder or designated exporting 
        agent, or a consignee or end user of the item to be 
        exported or transferred.

     CHAPTER 8--CHEMICAL OR BIOLOGICAL WEAPONS PROLIFERATION \297\

 SEC. 81.\298\, \299\, \300\ SANCTIONS AGAINST CERTAIN FOREIGN PERSONS.

  (a) Imposition of Sanctions.--

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    \297\ Two forms of the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991 were enacted in 1991. Sec. 505(b) of 
the first Chemical and Biological Weapons Control and Warfare 
Elimination Act of 1991 (title V of the Foreign Relations Authorization 
Act, Fiscal Years 1992 and 1993; Public Law 102-138; 105 Stat. 727) 
added chapter 8, sec. 81.
    Sec. 305(b) of the second Chemical and Biological Weapons Control 
and Warfare Elimination Act of 1991 (title III of Public Law 102-182; 
105 Stat. 1245) also inserted a new chapter 8, section 81 at this 
point.
    Subsequently, sec. 309(a) of the second Chemical and Biological 
Weapons Control and Warfare Elimination Act of 1991 (title III of 
Public Law 102-182; 105 Stat. 1245) repealed title V of the Foreign 
Relations Authorization Act, Fiscal Years 1992 and 1993 (the first 
Chemical and Biological Weapons Control and Warfare Elimination Act), 
and all amendments made therein.
    \298\ 22 U.S.C. 2798.
    \299\ Executive Order 12851 of June 11, 1993 (58 F.R. 33181) 
provided for the administration of proliferation sanctions, Middle East 
Arms Control, and related Congressional reporting requirements, 
including the following:
    ``Section 1. Chemical and Biological Weapons Proliferation and Use 
Sanctions. (a) Chemical and Biological Weapons Proliferation. The 
authority and duties vested in me by section 81 of the Arms Export 
Control Act, as amended (`AECA') (22 U.S.C. 2798), and section 11C of 
the Export Administration Act of 1979, as amended (`EAA') (50 U.S.C. 
App. 2410c), are delegated to the Secretary of State, except that:
          ``(1) The authority and duties vested in me to deny certain 
        United States Government contracts, as provided in section 
        81(c)(1)(A) of the AECA and section 11C(c)(1)(A) of the EAA, 
        pursuant to a determination made by the Secretary of State 
        under section 81(a)(1) of the AECA or section 11C(a)(1) of the 
        EAA, as well as the authority and duties vested in me to make 
        the determinations provided for in section 81(c)(2) of the AECA 
        and section 11C(c)(2) of the EAA are delegated to the Secretary 
        of Defense. The Secretary of Defense shall notify the Secretary 
        of the Treasury of determinations made pursuant to section 
        81(c)(2) of the AECA and section 11(c)(2) of the EAA).
          ``(2) The authority and duties vested in me to prohibit 
        certain imports as provided in section 81(c)(1)(B) of the AECA 
        and section 11C(c)(1)(B) of the EAA, pursuant to a 
        determination made by the Secretary of State under section 
        81(a)(1) of the AECA or section 11C(a)(1) of the EAA, and the 
        obligation to implement the exceptions provided in section 
        81(c)(2) of the AECA and section 11C(c)(2) of the EAA, insofar 
        as the exceptions affect imports of goods into the United 
        States, are delegated to the Secretary of the Treasury.''
    \300\ Determinations relating to section 81 were issued in several 
instances in 1997 where it was ``concluded that publication of the 
determination would be harmful to the national security of the United 
States.'': Department of State Public Notice 2532 of April 10, 1997 (62 
F.R. 19850); Public Notice 2552 of May 21, 1997 (62 F.R. 28304); Public 
Notice 2569 of July 1, 1997 (62 F.R. 38183); Public Notice 2596 of 
August 20, 1997 (62 F.R. 45907); and Public Notice 2655 of November 19, 
1997 (62 F.R. 63739).
    In Department of State Public Notice 2551 of May 21, 1997, the 
Assistant Secretary of State for Political-Military Affairs determined 
that, pursuant to section 81(a) of this Act, section 11C(a) of the 
Export Administration Act, Executive Order 12851 of June 11, 1993, and 
State Department Delegation of Authority No. 145 of February 4, 1980, 
``the following foreign persons have engaged in chemical weapons 
proliferation activities that require the imposition of the sanctions 
described in section 81(c) of the Arms Export Control Act (22 U.S.C. 
2798(c)) and section 11C(c) of the Export Administration Act of 1979 
(50 U.S.C. 2410c(c)):'' 1) Liao Minglong (Chinese citizen); 2) Tian Yi 
(Chinese citizen); 3) Chen Qingchang (a.k.a. Q.C. Chen) (Chinese 
citizen); Pan Yongming (Chinese citizen); 5) Shao Xingsheng (Chinese 
citizen); 6) Nanjing Chemical Industries Group (NCI) (Chinese company); 
7) Jiangsu Yongli Chemical Engineering and Technology Import/Export 
Corp. (Chinese company); and 8) Cheong Yee Ltd. (Hong Kong company) (62 
F.R. 28304).
    In Department of State Public Notice 2614 of September 26, 1997, 
the Assistant Secretary of State for Political-Military Affairs 
determined that, pursuant to section 81(a) of this Act, section 11C(a) 
of the Export Administration Act, Executive Order 12851 of June 11, 
1993, and State Department Delegation of Authority No. 145 of February 
4, 1980, ``the following foreign entities have engaged in chemical 
weapons proliferation activities that require the imposition of the 
sanctions described in section 81(c) of the Arms Export Control Act (22 
U.S.C. 2798(c)) and section 11C(c) of the Export Administration Act of 
1979 (50 U.S.C. 2410c(c)):'' 1) Hans-Joachim Rose (German citizen); and 
2) Rose Import-Export GMBH (German company) (62 F.R. 51926).
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          (1) Determination by the president.--Except as 
        provided in subsection (b)(2), the President shall 
        impose both of the sanctions described in subsection 
        (c) if the President determines that a foreign person, 
        on or after the date of the enactment of this 
        section,\301\ has knowingly and materially 
        contributed--

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    \301\ Sec. 309(a)(2) of Public Law 102-182 (105 Stat. 1258) 
provides that ``the `date of the enactment of this section' * * * shall 
be deemed to refer to the date of the enactment of the Foreign 
Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 
102-138)'', which was enacted on October 28, 1991.
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                  (A) through the export from the United States 
                of any goods or technology that are subject to 
                the jurisdiction of the United States,
                  (B) through the export from any other country 
                of any goods or technology that would be, if 
                they were United States goods or technology, 
                subject to the jurisdiction of the United 
                States, or
                  (C) through any other transaction not subject 
                to sanctions pursuant to the Export 
                Administration Act of 1979,
        to the efforts by any foreign country, project, or 
        entity described in paragraph (2) to use, develop, 
        produce, stockpile, or otherwise acquire chemical or 
        biological weapons.
          (2) Countries, projects, or entities receiving 
        assistance.--Paragraph (1) applies in the case of--
                  (A) any foreign country that the President 
                determines has, at any time after January 1, 
                1980--
                          (i) used chemical or biological 
                        weapons in violation of international 
                        law;
                          (ii) used lethal chemical or 
                        biological weapons against its own 
                        nationals; or
                          (iii) made substantial preparations 
                        to engage in the activities described 
                        in clause (i) or (ii);
                  (B) any foreign country whose government is 
                determined for purposes of section 6(j) of the 
                Export Administration Act of 1979 (50 U.S.C. 
                2405(j)) to be a government that has repeatedly 
                provided support for acts of international 
                terrorism; or
                  (C) any other foreign country, project, or 
                entity designated by the President for purposes 
                of this section.
          (3) Persons against whom sanctions are to be 
        imposed.--Sanctions shall be imposed pursuant to 
        paragraph (1) on--
                  (A) the foreign person with respect to which 
                the President makes the determination described 
                in that paragraph;
                  (B) any successor entity to that foreign 
                person;
                  (C) any foreign person that is a parent or 
                subsidiary of that foreign person if that 
                parent or subsidiary knowingly assisted in the 
                activities which were the basis of that 
                determination; and
                  (D) any foreign person that is an affiliate 
                of that foreign person if that affiliate 
                knowingly assisted in the activities which were 
                the basis of that determination and if that 
                affiliate is controlled in fact by that foreign 
                person.
  (b) Consultations With and Actions by Foreign Government of 
Jurisdiction.--
          (1) Consultations.--If the President makes the 
        determinations described in subsection (a)(1) with 
        respect to a foreign person, the Congress urges the 
        President to initiate consultations immediately with 
        the government with primary jurisdiction over that 
        foreign person with respect to the imposition of 
        sanctions pursuant to this section.
          (2) Actions by government of jurisdiction.--In order 
        to pursue such consultations with that government, the 
        President may delay imposition of sanctions pursuant to 
        this section for a period of up to 90 days. Following 
        these consultations, the President shall impose 
        sanctions unless the President determines and certifies 
        to the Congress that that government has taken specific 
        and effective actions, including appropriate penalties, 
        to terminate the involvement of the foreign person in 
        the activities described in subsection (a)(1). The 
        President may delay imposition of sanctions for an 
        additional period of up to 90 days if the President 
        determines and certifies to the Congress that that 
        government is in the process of taking the actions 
        described in the preceding sentence.
          (3) Report to congress.--The President shall report 
        to the Congress, not later than 90 days after making a 
        determination under subsection (a)(1), on the status of 
        consultations with the appropriate government under 
        this subsection, and the basis for any determination 
        under paragraph (2) of this subsection that such 
        government has taken specific corrective actions.
  (c) Sanctions.--
          (1) Description of sanctions.--The sanctions to be 
        imposed pursuant to subsection (a)(1) are, except as 
        provided in paragraph (2) of this subsection, the 
        following:
                  (A) Procurement sanction.--The United States 
                Government shall not procure, or enter into any 
                contract for the procurement of, any goods or 
                services from any person described in 
                subsection (a)(3).
                  (B) Import sanctions.--The importation into 
                the United States of products produced by any 
                person described in subsection (a)(3) shall be 
                prohibited.
          (2) Exceptions.--The President shall not be required 
        to apply or maintain sanctions under this section--
                  (A) in the case of procurement of defense 
                articles or defense services--
                          (i) under existing contracts or 
                        subcontracts, including the exercise of 
                        options for production quantities to 
                        satisfy United States operational 
                        military requirements;
                          (ii) if the President determines that 
                        the person or other entity to which the 
                        sanctions would otherwise be applied is 
                        a sole source supplier of the defense 
                        articles or services, that the defense 
                        articles or services are essential, and 
                        that alternative sources are not 
                        readily or reasonably available; or
                          (iii) if the President determines 
                        that such articles or services are 
                        essential to the national security 
                        under defense coproduction agreements;
                  (B) to products or services provided under 
                contracts entered into before the date on which 
                the President publishes his intention to impose 
                sanctions;
                  (C) to--
                          (i) spare parts,
                          (ii) component parts, but not 
                        finished products, essential to United 
                        States products or production, or
                          (iii) routine servicing and 
                        maintenance of products, to the extent 
                        that alternative sources are not 
                        readily or reasonably available;
                  (D) to information and technology essential 
                to United States products or production; or
                  (E) to medical or other humanitarian items.
  (d) Termination of Sanctions.--The sanctions imposed pursuant 
to this section shall apply for a period of at least 12 months 
following the imposition of sanctions and shall cease to apply 
thereafter only if the President determines and certifies to 
the Congress that reliable information indicates that the 
foreign person with respect to which the determination was made 
under subsection (a)(1) has ceased to aid or abet any foreign 
government, project, or entity in its efforts to acquire 
chemical or biological weapons capability as described in that 
subsection.
  (e) Waiver.--
          (1) Criterion for waiver.--The President may waive 
        the application of any sanction imposed on any person 
        pursuant to this section, after the end of the 12-month 
        period beginning on the date on which that sanction was 
        imposed on that person, if the President determines and 
        certifies to the Congress that such waiver is important 
        to the national security interests of the United 
        States.
          (2) Notification of and report to congress.--If the 
        President decides to exercise the waiver authority 
        provided in paragraph (1), the President shall so 
        notify the Congress not less than 20 days before the 
        waiver takes effect. Such notification shall include a 
        report fully articulating the rationale and 
        circumstances which led the President to exercise the 
        waiver authority.
  (f) Definition of Foreign Person.--For the purposes of this 
section, the term ``foreign person'' means--
          (1) an individual who is not a citizen of the United 
        States or an alien admitted for permanent residence to 
        the United States; or
          (2) a corporation, partnership, or other entity which 
        is created or organized under the laws of a foreign 
        country or which has its principal place of business 
        outside the United States.

  CHAPTER 9--TRANSFER OF CERTAIN CFE TREATY-LIMITED EQUIPMENT TO NATO 
                             MEMBERS \302\

SEC. 91.\303\ PURPOSE.

-----------------------------------------------------------------------
    \302\ Sec. 2 of the Conventional Forces in Europe Treaty 
Implementation Act of 1991 (Public Law 102-228; 105 Stat. 1691) added 
chapter 9, secs. 91-95.
    \303\ 22 U.S.C. 2799.
-----------------------------------------------------------------------

    The purpose of this chapter is to authorize the President 
to support, consistent with the CFE Treaty, a NATO equipment 
transfer program that will--
          (1) enhance NATO's forces,
          (2) increase NATO standardization and 
        interoperability, and
          (3) better distribute defense burdens within the NATO 
        alliance.

SEC. 92.\304\ CFE TREATY OBLIGATIONS.

-----------------------------------------------------------------------
    \304\ 22 U.S.C. 2799a.
-----------------------------------------------------------------------

    The authorities provided in this chapter shall be exercised 
consistent with the obligations incurred by the United States 
in connection with the CFE Treaty.

SEC. 93.\305\ AUTHORITIES.

-----------------------------------------------------------------------
    \305\ 22 U.S.C. 2799b.
-----------------------------------------------------------------------

    (a) \306\ General Authority.--The President may transfer to 
any NATO/CFE country, in accordance with NATO plans, defense 
articles--

-----------------------------------------------------------------------
    \306\ In a Memorandum of February 13, 1992, the President delegated 
``to the Secretary of Defense the functions vested in me by section 
93(a) and section 94 of the Arms Export Control Act, as amended (`the 
Act'), and to the Secretary of State the functions vested in me by 
section 93(f) of the Act. Consistent with section 2 of the Act, 
transfers of defense articles under section 93(a) shall be subject to 
the policy direction of the Secretary of State, including the 
determination of whether such transfers shall occur.'' (57 F.R. 6663; 
February 27, 1992).
-----------------------------------------------------------------------

          (1) that are battle tanks, armoured combat vehicles, 
        or artillery included within the CFE Treaty's 
        definition of ``conventional armaments and equipment 
        limited by the Treaty'';
          (2) that were, as of the date of signature of the CFE 
        Treaty, in the stocks of the Department of Defense and 
        located in the CFE Treaty's area of application; and
          (3) that the President determines are not needed by 
        United States military forces within the CFE Treaty's 
        area of application.
    (b) Acceptance of NATO Assistance in Eliminating Direct 
Costs of Transfers.--In order to eliminate direct costs of 
facilitating transfers of defense articles under subsection 
(a), the United States may utilize services provided by NATO or 
any NATO/CFE country, including inspection, repair, or 
transportation services with respect to defense articles so 
transferred.
    (c) Acceptance of NATO Assistance in Meeting Certain United 
States Obligations.--In order to facilitate United States 
compliance with the CFE Treaty-mandated obligations for 
destruction of conventional armaments and equipment limited by 
the CFE Treaty, the United States may utilize services or funds 
provided by NATO or any NATO/CFE country.
    (d) Authority To Transfer on a Grant Basis.--Defense 
articles may be transferred under subsection (a) without cost 
to the recipient country.
    (e) Third Country Transfers Restrictions.--For purposes of 
sections 3(a)(2), 3(a)(3), 3(c), and 3(d) of this Act, defense 
articles transferred under subsection (a) of this section shall 
be deemed to have been sold under this Act.
    (f) \306\ Maintenance of Military Balance in the Eastern 
Mediterranean.--The President shall ensure that transfers by 
the United States under subsection (a), taken together with 
transfers by other NATO/CFE countries in implementing the CFE 
Treaty, are of such valuations so as to be consistent with the 
United States policy, embodied in section 620C of the Foreign 
Assistance Act of 1961, of maintaining the military balance in 
the Eastern Mediterranean.
    (g) Expiration of Authority.--
          (1) In general.--Except as provided in paragraph (2), 
        the authority of subsection (a) expires at the end of 
        the 40-month period beginning on the date on which the 
        CFE Treaty enters into force.
          (2) Transition rule.--Paragraph (1) does not apply 
        with respect to a transfer of defense articles for 
        which notification under section 94(a) is submitted 
        before the end of the period described in that 
        paragraph.

SEC. 94.\306\, \307\ NOTIFICATIONS AND REPORTS TO CONGRESS.

-----------------------------------------------------------------------
    \307\ 22 U.S.C. 2799c.
-----------------------------------------------------------------------

    (a) Notifications.--Not less than 15 days before 
transferring any defense articles pursuant to section 93(a), 
the President shall notify the Committee on Foreign Affairs 
\308\ of the House of Representatives and the Committee on 
Foreign Relations of the Senate in accordance with the 
procedures applicable to reprogramming notifications pursuant 
to section 634A of the Foreign Assistance Act of 1961.

-----------------------------------------------------------------------
    \308\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
-----------------------------------------------------------------------

    (b) Annual Reports.--Not later than February 1 each year, 
the President shall submit to the Committee on Foreign Affairs 
\308\ and the Committee on Armed Services \309\ of the House of 
Representatives and the Committee on Foreign Relations and the 
Committee on Armed Services of the Senate a report that--

-----------------------------------------------------------------------
    \309\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives.
-----------------------------------------------------------------------

          (1) lists all transfers made to each recipient NATO/
        CFE country by the United States under section 93(a) 
        during the preceding calendar year;
          (2) describes how those transfers further the 
        purposes described in paragraphs (1) through (3) of 
        section 91; and
          (3) lists, on a country-by-country basis, all 
        transfers to another country of conventional armaments 
        and equipment limited by the CFE Treaty--
                  (A) by each NATO/CFE country (other than the 
                United States) in implementing the CFE Treaty, 
                and
                  (B) by each country of the Eastern Group of 
                States Parties \310\ in implementing the CFE 
                Treaty.

-----------------------------------------------------------------------
    \310\ Sec. 402(1) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2317) struck out ``Warsaw Pact country'' and inserted in lieu 
thereof ``country of the Eastern Group of States Parties''.
-----------------------------------------------------------------------


SEC. 95.\311\ DEFINITIONS.

-----------------------------------------------------------------------
    \311\ 22 U.S.C. 2799d.
-----------------------------------------------------------------------

    As used in this chapter--
          (1) the term ``CFE Treaty'' means the Treaty on 
        Conventional Armed Forces in Europe (signed at Paris, 
        November 19, 1990);
          (2) the term ``conventional armaments and equipment 
        limited by the CFE Treaty'' has the same meaning as the 
        term ``conventional armaments and equipment limited by 
        the Treaty'' does under paragraph 1(J) of article II of 
        the CFE Treaty;
          (3) the term ``NATO'' means the North Atlantic Treaty 
        Organization;
          (4) the term ``NATO/CFE country'' means a member 
        country of NATO that is a party to the CFE Treaty and 
        is listed in paragraph 1(A) of article II of the CFE 
        Treaty within the group of States Parties that signed 
        or acceded to the Treaty of Brussels of 1948 or the 
        Treaty of Washington of 1949 (the North Atlantic 
        Treaty); and
          (5) the term ``country of the Eastern Group of States 
        Parties'' \312\ means a country that is listed in 
        paragraph 1(A) of article II of the CFE Treaty within 
        the group of States Parties that signed the Treaty of 
        Warsaw of 1955 or a successor state to such a 
        country.\313\

-----------------------------------------------------------------------
    \312\ Sec. 402(2)(A) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2317) struck out ``Warsaw Pact country'' and inserted in lieu 
thereof ``country of the Eastern Group of States Parties''.
    \313\ Sec. 402(2)(B) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2317) inserted ``or a successor state to such a country''.
-----------------------------------------------------------------------


          CHAPTER 10--NUCLEAR NONPROLIFERATION CONTROLS \314\

SEC. 101.\315\ NUCLEAR ENRICHMENT TRANSFERS.

    (a) Prohibitions; Safeguards and Management.--Except as 
provided in subsection (b) of this section, no funds made 
available to carry out the Foreign Assistance Act of 1961 or 
this Act may be used for the purpose of providing economic 
assistance (including assistance under chapter 4 of part II of 
the Foreign Assistance Act of 1961), providing military 
assistance or grant military education and training, providing 
assistance under chapter 6 of part II of that Act, or extending 
military credits or making guarantees, to any country which the 
President determines delivers nuclear enrichment equipment, 
materials, or technology to any other country on or after 
August 4, 1977, or receives such equipment, materials, or 
technology from any other country on or after August 4, 1977, 
unless before such delivery--

-----------------------------------------------------------------------
    \314\ Sec. 826(a) of the Nuclear Proliferation Prevention Act of 
1994 (title VIII of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995; Public Law 103-236; 108 Stat. 515) added chapter 
10, sections 101, 102, and 103.
    \315\ 22 U.S.C. 2799aa.
-----------------------------------------------------------------------

          (1) the supplying country and receiving country have 
        reached agreement to place all such equipment, 
        materials, or technology, upon delivery, under 
        multilateral auspices and management when available; 
        and
          (2) the recipient country has entered into an 
        agreement with the International Atomic Energy Agency 
        to place all such equipment, materials, technology, and 
        all nuclear fuel and facilities in such country under 
        the safeguards system of such Agency.
  (b) Certification by President of Necessity of Continued 
Assistance; Disapproval by Congress.--(1) Notwithstanding 
subsection (a) of this section, the President may furnish 
assistance which would otherwise be prohibited under such 
subsection if he determines and certifies in writing to the 
Speaker of the House of Representatives and the Committee on 
Foreign Relations of the Senate that--
          (A) the termination of such assistance would have a 
        serious adverse effect on vital United States 
        interests; and
          (B) he has received reliable assurances that the 
        country in question will not acquire or develop nuclear 
        weapons or assist other nations in doing so.
Such certification shall set forth the reasons supporting such 
determination in each particular case.
    (2)(A) A certification under paragraph (1) of this 
subsection shall take effect on the date on which the 
certification is received by the Congress. However, if, within 
thirty calendar days after receiving this certification, the 
Congress enacts a joint resolution stating in substance that 
the Congress disapproves the furnishing of assistance pursuant 
to the certification, then upon the enactment of that 
resolution the certification shall cease to be effective and 
all deliveries of assistance furnished under the authority of 
that certification shall be suspended immediately.
    (B) Any joint resolution under this paragraph shall be 
considered in the Senate in accordance with the provisions of 
section 601(b) of the International Security Assistance and 
Arms Export Control Act of 1976.

SEC. 102.\314\, \316\ NUCLEAR REPROCESSING TRANSFERS, 
                    ILLEGAL EXPORTS FOR NUCLEAR EXPLOSIVE DEVICES, 
                    TRANSFERS OF NUCLEAR EXPLOSIVE DEVICES, AND NUCLEAR 
                    DETONATIONS.

    (a) Prohibitions on Assistance to Countries Involved in 
Transfer of Nuclear Reprocessing Equipment, Materials, or 
Technology; Exceptions; Procedures Applicable.--(1) Except as 
provided in paragraph (2) of this subsection, no funds made 
available to carry out the Foreign Assistance Act of 1961 or 
this Act may be used for the purpose of providing economic 
assistance (including assistance under chapter 4 of part II of 
the Foreign Assistance Act of 1961), providing military 
assistance or grant military education and training, providing 
assistance under chapter 6 of part II of that Act, or extending 
military credits or making guarantees, to any country which the 
President determines--

-----------------------------------------------------------------------
    \316\ 22 U.S.C. 2799aa-1.
-----------------------------------------------------------------------

          (A) delivers nuclear reprocessing equipment, 
        materials, or technology to any other country on or 
        after August 4, 1977, or receives such equipment, 
        materials, or technology from any other country on or 
        after August 4, 1977 (except for the transfer of 
        reprocessing technology associated with the 
        investigation, under international evaluation programs 
        in which the United States participates, of 
        technologies which are alternatives to pure plutonium 
        reprocessing), or
          (B) is a non-nuclear-weapon state which, on or after 
        August 8, 1985, exports illegally (or attempts to 
        export illegally) from the United States any material, 
        equipment, or technology which would contribute 
        significantly to the ability of such country to 
        manufacture a nuclear explosive device, if the 
        President determines that the material, equipment, or 
        technology was to be used by such country in the 
        manufacture of a nuclear explosive device.
For purposes of clause (B), an export (or attempted export) by 
a person who is an agent of, or is otherwise acting on behalf 
of or in the interests of, a country shall be considered to be 
an export (or attempted export) by that country.
    (2) Notwithstanding paragraph (1) of this subsection, the 
President in any fiscal year may furnish assistance which would 
otherwise be prohibited under that paragraph if he determines 
and certifies in writing during that fiscal year to the Speaker 
of the House of Representatives and the Committee on Foreign 
Relations of the Senate that the termination of such assistance 
would be seriously prejudicial to the achievement of United 
States nonproliferation objectives or otherwise jeopardize the 
common defense and security. The President shall transmit with 
such certification a statement setting forth the specific 
reasons therefor.
    (3)(A) A certification under paragraph (2) of this 
subsection shall take effect on the date on which the 
certification is received by the Congress. However, if, within 
30 calendar days after receiving this certification, the 
Congress enacts a joint resolution stating in substance that 
the Congress disapproves the furnishing of assistance pursuant 
to the certification, then upon the enactment of that 
resolution the certification shall cease to be effective and 
all deliveries of assistance furnished under the authority of 
that certification shall be suspended immediately.
    (B) Any joint resolution under this paragraph shall be 
considered in the Senate in accordance with the provisions of 
section 601(b) of the International Security Assistance and 
Arms Export Control Act of 1976.
    (b) Prohibitions on Assistance to Countries Involved in 
Transfer or Use of Nuclear Explosive Devices; Exceptions; 
Procedures Applicable.--(1) Except as provided in paragraphs 
(4), (5), and (6), in the event that the President determines 
that any country, after the effective date of part B of the 
Nuclear Proliferation Prevention Act of 1994--
          (A) transfers to a non-nuclear-weapon state a nuclear 
        explosive device,
          (B) is a non-nuclear-weapon state and either--
                  (i) receives a nuclear explosive device, or
                  (ii) detonates a nuclear explosive device,
          (C) transfers to a non-nuclear-weapon state any 
        design information or component which is determined by 
        the President to be important to, and known by the 
        transferring country to be intended by the recipient 
        state for use in, the development or manufacture of any 
        nuclear explosive device, or
          (D) is a non-nuclear-weapon state and seeks and 
        receives any design information or component which is 
        determined by the President to be important to, and 
        intended by the recipient state for use in, the 
        development or manufacture of any nuclear explosive 
        device,
then the President shall forthwith report in writing his 
determination to the Congress and shall forthwith impose the 
sanctions described in paragraph (2) against that country.
    (2) The sanctions referred to in paragraph (1) are as 
follows:
          (A) The United States Government shall terminate 
        assistance to that country under the Foreign Assistance 
        Act of 1961, except for humanitarian assistance or food 
        or other agricultural commodities.
          (B) The United States Government shall terminate--
                  (i) sales to that country under this Act of 
                any defense articles, defense services, or 
                design and construction services, and
                  (ii) licenses for the export to that country 
                of any item on the United States Munitions 
                List.
          (C) The United States Government shall terminate all 
        foreign military financing for that country under this 
        Act.
          (D) The United States Government shall deny to that 
        country any credit, credit guarantees, or other 
        financial assistance by any department, agency, or 
        instrumentality of the United States Government, except 
        that the sanction of this subparagraph shall not 
        apply--
                  (i) to any transaction subject to the 
                reporting requirements of title V of the 
                National Security Act of 1947 (relating to 
                congressional oversight of intelligence 
                activities), or
                  (ii) to humanitarian assistance.
          (E) The United States Government shall oppose, in 
        accordance with section 701 of the International 
        Financial Institutions Act (22 U.S.C. 262d), the 
        extension of any loan or financial or technical 
        assistance to that country by any international 
        financial institution.
          (F) The United States Government shall prohibit any 
        United States bank from making any loan or providing 
        any credit to the government of that country, except 
        for loans or credits for the purpose of purchasing food 
        or other agricultural commodities.
          (G) The authorities of section 6 of the Export 
        Administration Act of 1979 shall be used to prohibit 
        exports to that country of specific goods and 
        technology (excluding food and other agricultural 
        commodities), except that such prohibition shall not 
        apply to any transaction subject to the reporting 
        requirements of title V of the National Security Act of 
        1947 (relating to congressional oversight of 
        intelligence activities).
    (3) As used in this subsection--
          (A) the term ``design information'' means specific 
        information that relates to the design of a nuclear 
        explosive device and that is not available to the 
        public; and
          (B) the term ``component'' means a specific component 
        of a nuclear explosive device.
    (4)(A) Notwithstanding paragraph (1) of this subsection, 
the President may, for a period of not more than 30 days of 
continuous session, delay the imposition of sanctions which 
would otherwise be required under paragraph (1)(A) or (1)(B) of 
this subsection if the President first transmits to the Speaker 
of the House of Representatives, and to the chairman of the 
Committee on Foreign Relations of the Senate, a certification 
that he has determined that an immediate imposition of 
sanctions on that country would be detrimental to the national 
security of the United States. Not more than one such 
certification may be transmitted for a country with respect to 
the same detonation, transfer, or receipt of a nuclear 
explosive device.
    (B) If the President transmits a certification to the 
Congress under subparagraph (A), a joint resolution which would 
permit the President to exercise the waiver authority of 
paragraph (5) of this subsection shall, if introduced in either 
House within thirty days of continuous session after the 
Congress receives this certification, be considered in the 
Senate in accordance with subparagraph (C) of this paragraph.
    (C) Any joint resolution under this paragraph shall be 
considered in the Senate in accordance with the provisions of 
section 601(b) of the International Security Assistance and 
Arms Export Control Act of 1976.
    (D) For purposes of this paragraph, the term ``joint 
resolution'' means a joint resolution the matter after the 
resolving clause of which is as follows: ``That the Congress 
having received on ____ a certification by the President under 
section 102(b)(4) of the Arms Export Control Act with respect 
to ____, the Congress hereby authorizes the President to 
exercise the waiver authority contained in section 102(b)(5) of 
that Act.'', with the date of receipt of the certification 
inserted in the first blank and the name of the country 
inserted in the second blank.
    (5) Notwithstanding paragraph (1) of this subsection, if 
the Congress enacts a joint resolution under paragraph (4) of 
this subsection, the President may waive any sanction which 
would otherwise be required under paragraph (1)(A) or (1)(B) if 
he determines and certifies in writing to the Speaker of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate that the imposition of such sanction would be 
seriously prejudicial to the achievement of United States 
nonproliferation objectives or otherwise jeopardize the common 
defense and security. The President shall transmit with such 
certification a statement setting forth the specific reasons 
therefor.
    (6)(A) In the event the President is required to impose 
sanctions against a country under paragraph (1)(C) or (1)(D), 
the President shall forthwith so inform such country and shall 
impose the required sanctions beginning 30 days after 
submitting to the Congress the report required by paragraph (1) 
unless, and to the extent that, there is enacted during the 30-
day period a law prohibiting the imposition of such sanctions.
    (B) Notwithstanding any other provision of law, the 
sanctions which are required to be imposed against a country 
under paragraph (1)(C) or (1)(D) shall not apply if the 
President determines and certifies in writing to the Committee 
on Foreign Relations and the Committee on Governmental Affairs 
of the Senate and the Committee on Foreign Affairs \317\ of the 
House of Representatives that the application of such sanctions 
against such country would have a serious adverse effect on 
vital United States interests. The President shall transmit 
with such certification a statement setting forth the specific 
reasons therefor.

-----------------------------------------------------------------------
    \317\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
-----------------------------------------------------------------------

    (7) For purposes of this subsection, continuity of session 
is broken only by an adjournment of Congress sine die and the 
days on which either House is not in session because of an 
adjournment of more than three days to a day certain are 
excluded in the computation of any period of time in which 
Congress is in continuous session.
    (8) The President may not delegate or transfer his power, 
authority, or discretion to make or modify determinations under 
this subsection.
    (c) Non-Nuclear-Weapon State Defined.--As used in this 
section, the term ``non-nuclear-weapon state'' means any 
country which is not a nuclear-weapon state, as defined in 
Article IX(3) of the Treaty on the Non-Proliferation of Nuclear 
Weapons.

SEC. 103.\314\, \318\ DEFINITION OF NUCLEAR EXPLOSIVE 
                    DEVICE.

    As used in this chapter, the term ``nuclear explosive 
device'' has the meaning given that term in section 830(4) of 
the Nuclear Proliferation Prevention Act of 1994.

-----------------------------------------------------------------------
    \318\ 22 U.S.C. 2799aa-2.
-----------------------------------------------------------------------



       c. Miscellaneous Authorization--Fiscal Years 1996 and 1997

    Partial text of Public Law 104-164 [H.R. 3121], 110 stat. 1421, 
                         approved July 21, 1996

_______________________________________________________________________
          Note.--Except for the provisions noted below, this 
        Act consists of amendments to the Foreign Assistance 
        Act of 1961 and the Arms Export Control Act. Title II, 
        relating to the transfer of naval vessels to foreign 
        countries, may be found in Legislation on Foreign 
        Relations Through 1997, vol. I-B.
_______________________________________________________________________


AN ACT To amend the Foreign Assistance Act of 1961 and the Arms Export 
   Control Act to make improvements to certain defense and security 
 assistance provisions under those Acts, to authorize the transfer of 
  naval vessels to certain foreign countries, and for other purposes.

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

SECTION 1. TABLE OF CONTENTS.

    The table of contents of this Act is as follows: * * *

                TITLE I--DEFENSE AND SECURITY ASSISTANCE

               CHAPTER 1--MILITARY AND RELATED ASSISTANCE

          * * * * * * *

SEC. 105. EXCESS DEFENSE ARTICLES FOR CERTAIN EUROPEAN COUNTRIES.

    Notwithstanding section 516(e) of the Foreign Assistance 
Act of 1961, as added by this Act, during each of the fiscal 
years 1996 and 1997, funds available to the Department of 
Defense may be expended for crating, packing, handling, and 
transportation of excess defense articles transferred under the 
authority of section 516 of such Act to countries that are 
eligible to participate in the Partnership for Peace and that 
are eligible for assistance under the Support for East European 
Democracy (SEED) Act of 1989.

        CHAPTER 2--INTERNATIONAL MILITARY EDUCATION AND TRAINING

SEC. 111. ASSISTANCE FOR INDONESIA.

    Funds made available for fiscal years 1996 and 1997 to 
carry out chapter 5 of part II of the Foreign Assistance Act of 
1961 (22 U.S.C. 2347 et seq.) may be obligated for Indonesia 
only for expanded military and education training that meets 
the requirements of clauses (i) through (iv) of the second 
sentence of section 541 of such Act (22 U.S.C. 2347).

        *        *        *        *        *        *        *        

                  CHAPTER 3--ANTITERRORISM ASSISTANCE

        *        *        *        *        *        *        *        

SEC. 122. RESEARCH AND DEVELOPMENT EXPENSES.

    Funds made available for fiscal years 1996 and 1997 to 
carry out chapter 8 of part II of the Foreign Assistance Act of 
1961 (22 U.S.C. 2349aa et seq.; relating to antiterrorism 
assistance) may be made available to the Technical Support 
Working Group of the Department of State for research and 
development expenses related to contraband detection 
technologies or for field demonstrations of such technologies 
(whether such field demonstrations take place in the United 
States or outside the United States).

         CHAPTER 4--INTERNATIONAL NARCOTICS CONTROL ASSISTANCE

        *        *        *        *        *        *        *        

SEC. 132.\1\ NOTIFICATION REQUIREMENT.

    (a) In General.--The authority of section 1003(d) of the 
National Narcotics Control Leadership Act of 1988 (21 U.S.C. 
1502(d)) may be exercised with respect to funds authorized to 
be appropriated pursuant to the Foreign Assistance Act of 1961 
(22 U.S.C. 2151 et seq.) and with respect to the personnel of 
the Department of State only to the extent that the appropriate 
congressional committees have been notified 15 days in advance 
in accordance with the reprogramming procedures applicable 
under section 634A of that Act (22 U.S.C. 2394-1).

-----------------------------------------------------------------------
    \1\ 21 U.S.C. 1502 note.
-----------------------------------------------------------------------

    (b) Definition.--For purposes of this section, the term 
``appropriate congressional committees'' means the Committee on 
International Relations and the Committee on Appropriations of 
the House of Representatives and the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate.

SEC. 133.\2\ WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECONOMIC 
                    ASSISTANCE.

    For each of the fiscal years 1996 and 1997, narcotics-
related assistance under part I of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2151 et seq.) may be provided 
notwithstanding any other provision of law that restricts 
assistance to foreign countries (other than section 490(e) or 
section 502B of that Act (22 U.S.C. 2291j(e) and 2304)) if, at 
least 15 days before obligating funds for such assistance, the 
President notifies the appropriate congressional committees (as 
defined in section 481(e) of that Act (22 U.S.C. 2291(e))) in 
accordance with the procedures applicable to reprogramming 
notifications under section 634A of that Act (22 U.S.C. 2394-
1).

-----------------------------------------------------------------------
    \2\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------

                      CHAPTER 5--OTHER PROVISIONS

        *        *        *        *        *        *        *        

SEC. 154.\3\ ELIGIBILITY OF PANAMA UNDER THE ARMS EXPORT CONTROL ACT.

    The Government of the Republic of Panama shall be eligible 
to purchase defense articles and defense services under the 
Arms Export Control Act (22 U.S.C. 2751 et seq.), except as 
otherwise specifically provided by law.

-----------------------------------------------------------------------
    \3\ 22 U.S.C. 2751 note.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

  TITLE II--TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES \4\

        *        *        *        *        *        *        *        

-----------------------------------------------------------------------
    \4\ For text of title II, see Legislation on Foreign Relations 
Through 1997, vol. I-B.
-----------------------------------------------------------------------


              d. Jobs Through Trade Expansion Act of 1994

    Partial text of Public Law 103-392 [H.R. 4950], 108 Stat. 4098, 
                       approved October 22, 1994

_______________________________________________________________________

          Note.--Except for the provisions noted below, the 
        Jobs Through Trade Expansion Act of 1994 consists of 
        amendments to the Foreign Assistance Act of 1961, 
        Export Administration Amendments Act of 1985, and 
        Export Enhancement Act of 1988. These amendments have 
        been incorporated into those Acts at the appropriate 
        locations.
_______________________________________________________________________


  AN ACT To extend the authorities of the Overseas Private Investment 
                  Corporation, and for other purposes.

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

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Jobs Through Trade Expansion 
Act of 1994''.

-----------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

       TITLE V--INTERNATIONAL PROTECTION OF INTELLECTUAL PROPERTY

SEC. 501.\2\ ESTABLISHMENT OF PROGRAM.

    (a) In General.--In carrying out part I of the Foreign 
Assistance Act of 1961 and other relevant foreign assistance 
laws, the President, acting through the Administrator of the 
United States Agency for International Development, shall 
establish a program of training and other technical assistance 
to assist foreign countries in--

-----------------------------------------------------------------------
    \2\ 22 U.S.C. 2151t-1.
-----------------------------------------------------------------------

          (1) developing and strengthening laws and regulations 
        to protect intellectual property; and
          (2) developing the infrastructure necessary to 
        implement and enforce such laws and regulations.
    (b) Participation of Other Agencies.--The Administrator of 
the United States Agency for International Development--
          (1) shall utilize the expertise of the Patent and 
        Trademark Office and other agencies of the United 
        States Government in designing and implementing the 
        program of assistance provided for in this section;
          (2) shall coordinate assistance under this section 
        with efforts of other agencies of the United States 
        Government to increase international protection of 
        intellectual property, including implementation of 
        international agreements containing high levels of 
        protection of intellectual property; and
          (3) shall consult with the heads of such other 
        agencies in determining which foreign countries will 
        receive assistance under this section.



                  e. Jobs Through Exports Act of 1992

    Partial text of Public Law 102-549 [H.R. 4996], 106 Stat. 3651, 
   approved October 28, 1992; amended by Public Law 104-66 [Federal 
  Reports Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, 
                       approved December 21, 1995

_______________________________________________________________________

          Note.--Except for the provisions noted below, the 
        Jobs Through Exports Act of 1992 consists of amendments 
        to the Foreign Assistance Act of 1961, Trade and 
        Development Enhancement Act of 1983, Agricultural Trade 
        Development and Assistance Act of 1954, and 5 USC. 
        These amendments have been incorporated into those Acts 
        and sections of the USC at the appropriate locations.
_______________________________________________________________________


  AN ACT To extend the authorities of the Overseas Private Investment 
                  Corporation, and For other purposes.

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

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Jobs Through Exports Act of 
1992''.

-----------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                 TITLE II--TRADE AND DEVELOPMENT AGENCY

        *        *        *        *        *        *        *        

SEC. 202. RENAMING OF TRADE AND DEVELOPMENT PROGRAM; CONFORMING 
                    CHANGES.

    (a) \2\ Renaming of Trade and Development Program.--The 
Trade and Development Program shall, on or after the effective 
date of this section, be known as the Trade and Development 
Agency.

-----------------------------------------------------------------------
    \2\ 22 U.S.C. 2421 note.
-----------------------------------------------------------------------

    (b) Appointment of Present Director Not Affected.--The 
enactment of this title shall not affect the appointment of the 
individual who is the Director of the Trade and Development 
Program on the effective date of this section.
    (c) * * *
    (d) * * *
    (e) \2\ Reference in Other Laws.--Any reference in any law 
to the Trade and Development Program shall be deemed to be a 
reference to the Trade and Development Agency.

               TITLE III--AID, TRADE, AND COMPETITIVENESS

SEC. 301.\3\ SHORT TITLE.

    This title may be cited as the ``Aid, Trade, and 
Competitiveness Act of 1992''.

-----------------------------------------------------------------------
    \3\ 22 U.S.C. 2421a note.
-----------------------------------------------------------------------

SEC. 302.\4\ CAPITAL PROJECTS OFFICE WITHIN THE AGENCY FOR 
                    INTERNATIONAL DEVELOPMENT.

    (a) Establishment of Office.--The Administrator of AID 
shall establish a capital projects office to carry out the 
purposes described in subsection (b).

-----------------------------------------------------------------------
    \4\ 22 U.S.C. 2421a.
-----------------------------------------------------------------------

    (b) Purposes of Office.--The purposes referred to in 
subsection (a) are--
          (1) to develop an AID program that would focus solely 
        on developmentally sound capital projects, taking into 
        consideration development needs of the host country and 
        the export opportunities for the United States; and
          (2) to consider specifically opportunities for United 
        States high-technology firms, including small- and 
        medium-sized firms, in supporting capital projects for 
        developing countries and for countries making the 
        transition from nonmarket to market economies.
    (c) Activities of AID.--The Administrator of AID (acting 
through the capital projects office), in coordination with the 
appropriate members of the Trade Promotion Coordination 
Committee--
          (1) shall support capital projects in developing 
        countries and in countries making the transition from 
        nonmarket to market economies;
          (2) shall periodically review infrastructure needs in 
        developing countries and countries making the 
        transition from nonmarket to market economies and shall 
        explore opportunities for United States firms in the 
        development of new capital projects in these countries, 
        keeping both United States firms and the Congress 
        informed of these reviews;
          (3) shall ensure that each capital project for which 
        AID provides funding is developmentally sound, as 
        determined under the criteria developed by the 
        Development Assistance Committee of the Organization 
        for Economic Cooperation and Development;
          (4) shall coordinate its activities with other AID 
        offices, and work with AID country missions, in 
        developing capital projects that provide opportunities 
        for United States firms consistent with AID's primary 
        mission to help developing countries with traditional 
        development projects;
          (5) shall coordinate, where appropriate, funds 
        available to AID for tied-aid purposes; and
          (6) shall play a special role in helping to meet the 
        infrastructure needs of countries making the transition 
        from nonmarket to market economies by meeting the 
        challenge of infrastructure assistance provided by 
        foreign governments to those countries, including by 
        undertaking a comprehensive study of the infrastructure 
        needs of the various countries making the transition 
        from nonmarket to market economies--
                  (A) to identify those sectors in the 
                economies of these countries that are most in 
                need of rebuilding, and
                  (B) to identify the state of technology in 
                these countries and the opportunity for United 
                States high technology firms to help develop a 
                technological infrastructure in these 
                countries, including an assessment of export 
                opportunities for United States high technology 
                companies.
The results of the study conducted pursuant to paragraph (6) 
shall be reported to the appropriate congressional committees 
within 12 months after the date of the enactment of this Act.

SEC. 303.\5\ CAPITAL PROJECTS FOR POVERTY ALLEVIATION AND ENVIRONMENTAL 
                    SAFETY AND SUSTAINABILITY.

    (a) Purposes.--The Administrator of AID shall develop a 
program, in accordance with subsection (b), that focuses on 
developmentally sound capital projects for basic infrastructure 
that will measurably alleviate the worst manifestations of 
poverty or directly promote environmental safety and 
sustainability at the community level, taking into 
consideration development needs of the host country and export 
opportunities for services and goods from the United States.

-----------------------------------------------------------------------
    \5\ 22 U.S.C. 2421b.
-----------------------------------------------------------------------

    (b) Activities of AID.--In order to carry out subsection 
(a), the Administrator of AID shall, working with AID technical 
support staff, regional bureau staff, and country missions, 
identify and provide funding for capital projects to alleviate 
the worst manifestations of poverty or to promote environmental 
safety and sustainability at the community level in countries 
receiving assistance under part I of the Foreign Assistance Act 
of 1961. Such projects may include basic sanitation systems, 
basic water supply and treatment, pollution control, and rural 
infrastructure benefiting poor communities or establishing 
environmentally sustainable patterns of rural development. Such 
projects should have measurable positive effects on indicators 
of human and environmental health.

SEC. 304.\6\ COORDINATION.

    The President shall use the Trade Promotion Coordination 
Committee to coordinate activities under this title with other 
relevant activities of the United States Government.

-----------------------------------------------------------------------
    \6\ 22 U.S.C. 2421c.
-----------------------------------------------------------------------

SEC. 305.\3\ REPORTS TO CONGRESS ON CAPITAL PROJECTS.

    Not later than May 1, 1993, the President shall submit to 
the Congress a report describing--
          (1) the extent to which United States Government 
        resources have been expended specifically to support 
        the projects described in this title in developing 
        countries and countries making the transition from 
        nonmarket to market economies;
          (2) the extent to which the activities of the United 
        States Government have been coordinated pursuant to 
        section 304; and
          (3) the extent to which United States Government 
        capital projects and tied-aid credit programs have 
        affected United States exports.

SEC. 306.\7\ FUNDING FOR CAPITAL PROJECTS.

    (a) Funding Level.--The Congress strongly urges the 
President to use at least $650,000,000 for fiscal year 1993 and 
at least $700,000,000 for fiscal year 1994 of the total amounts 
made available for assistance under chapter 4 of part II of the 
Foreign Assistance Act of 1961 (relating to the economic 
support fund), assistance under the Support for East European 
Democracy (SEED) Act of 1989, assistance under the Freedom for 
Russia and Emerging Eurasian Democracies and Open Markets 
Support Act of 1992, and assistance under the Multilateral 
Assistance Initiative for the Philippines, for grants for 
developmentally sound capital projects. Such grants may be 
combined with financing offered by private financial entities 
or other entities.

-----------------------------------------------------------------------
    \7\ 22 U.S.C. 2421d.
-----------------------------------------------------------------------

    (b) Development Assistance Capital Projects.--Funds 
appropriated to carry out chapter 1 or chapter 10 of part I of 
the Foreign Assistance Act of 1961 (relating to development 
assistance and the Development Fund for Africa) may not be used 
for capital projects that do not meet the criteria contained in 
section 303 of this Act. This subsection does not apply with 
respect to capital projects for which funds have been obligated 
or expended before the date of the enactment of this Act.

SEC. 307.\3\ REPORT ON THE FEASIBILITY OF AID CREDIT GUARANTEES TO 
                    FINANCE CAPITAL PROJECTS.

    Not later than May 1, 1993, the President shall submit to 
the Committee on Foreign Affairs and the Committee on 
Appropriations of the House of Representatives and the 
Committee on Foreign Relations and the Committee on 
Appropriations of the Senate a report on the feasibility of 
allowing AID to offer credit guarantees for the financing of 
capital projects.

SEC. 308.\8\ DEFINITIONS.

    For purposes of this title--

-----------------------------------------------------------------------
    \8\ 22 U.S.C. 2421e.
-----------------------------------------------------------------------

          (1) the term ``AID'' means the Agency for 
        International Development; and
          (2) the term ``capital project'' means a project 
        involving the construction, expansion, alteration of, 
        or the acquisition of equipment for, a physical 
        facility or physical infrastructure, including related 
        engineering design (concept and detail) and other 
        services, the procurement of equipment (including any 
        related services), and feasibility studies or similar 
        engineering and economic services.

               TITLE IV--UNITED STATES COMMERCIAL CENTERS

SEC. 401.\9\ UNITED STATES COMMERCIAL CENTERS.

    (a) Establishment.--The Secretary of Commerce, in his or 
her role as chairperson of the Trade Promotion Coordinating 
Committee, is authorized and encouraged to establish United 
States Commercial Centers (hereinafter in this section referred 
to as ``Centers'') in Asia, in Latin America, and in Africa.

-----------------------------------------------------------------------
    \9\ 22 U.S.C. 4723a.
-----------------------------------------------------------------------

    (b) Purpose of the Centers.--The purpose of the Centers 
shall be to provide additional resources for the promotion of 
exports of United States goods and services to the host 
countries, by familiarizing United States exporters with the 
industries, markets, and customs of the host countries, thus 
facilitating commercial ties and trade.
    (c) Functions of the Centers.--Each Center shall--
          (1) collect and publish economic and market data with 
        respect to the host country;
          (2) provide, on a user-fee basis, preliminary 
        technical and clerical assistance, language 
        translation, and administrative assistance, and 
        information regarding the legal systems, laws, 
        regulations, and procedures of the host country, to 
        United States exporters seeking to do business in the 
        host country; and
          (3) in other ways promote exports of United States 
        goods and services to the host country.
    (d) Specific Services To Be Provided.--To carry out its 
objectives, each Center shall make available the following (on 
a user-fee basis):
          (1) Business facilities.--Business facilities, 
        including exhibition space, conference rooms, office 
        space (including telephones and other basic office 
        equipment), and, where warranted by impeding 
        deficiencies in the public system, high quality 
        international telecommunications facilities.
          (2) Business services.--Business support services, 
        including language translation services, clerical 
        services, and a commercial library containing a 
        comprehensive collection of reference materials 
        covering United States and host country industries and 
        markets.
          (3) Commercial law information services.--Commercial 
        law information services, including--
                  (A) a clearinghouse for information regarding 
                the relevant commercial laws, practices, and 
                regulations of the host country;
                  (B) publications to assist United States 
                businesses;
                  (C) legal referral services; and
                  (D) lists of local agents and distributors.
    (e) Other Trade Promotion Activities.--Each Center shall 
also promote United States export trade by--
          (1) facilitating contacts between buyers, sellers, 
        bankers, traders, distributors, agents, and necessary 
        government officials from the United States and the 
        host country;
          (2) coordinating trade missions; and
          (3) assisting with applications, contracts, and 
        clearances for imports into the host country and 
        exports from the United States.
    (f) Staffing of Centers.--Each Center shall be staffed by 
members of the United States and Foreign Commercial Service, 
participants in the Market Development Cooperator Program 
established under section 2303 of the Export Enhancement Act of 
1988 (15 U.S.C. 4723), other employees of the Department of 
Commerce, and employees of appropriate executive branch 
departments and agencies which are members of the Trade 
Promotion Coordinating Committee.
    (g) Center Facilities and Their Relationship to United 
States Department of Commerce Operations in Host Countries.--
          (1) Physical accommodations for the centers.--The 
        Secretary of Commerce shall locate each Center in the 
        primary commercial city of the host country. The 
        Secretary shall acquire office space, exhibition space, 
        and other facilities and equipment that are necessary 
        for each Center to perform its functions. To the extent 
        feasible, each Center shall be located in the central 
        commercial district of the host city.
          (2) Consolidation of department of commerce 
        operations in host countries.--For the purpose of 
        obtaining maximum effectiveness and efficiency and to 
        the extent consistent with the purposes of the Centers, 
        the Secretary of Commerce is encouraged to place all 
        personnel of the Department of Commerce who are 
        assigned to the city in which a Center is located in 
        the same facilities as those in which the Center 
        conducts its activities.
    (h) Use of Market Development Cooperator Program.--The 
Secretary of Commerce shall, to the greatest extent feasible, 
use the Market Development Cooperator Program established under 
section 2303 of the Export Enhancement Act of 1988 (15 U.S.C. 
4723) to assist in carrying out the purposes of the Centers 
established under this section.
    (i) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of Commerce to carry out 
this section $8,000,000 for fiscal year 1993, and $5,500,000 
for fiscal year 1994. Funds made available under this 
subsection may be used for the acquisition of real property.
    (j) \10\ * * * [Repealed--1995]

-----------------------------------------------------------------------
    \10\ Sec.1021(b) of Public Law 104-66 (109 Stat. 707) repealed 
subsec. (j), which had required the Secretary of Commerce to report 
annually to the House Committee on International Relations and the 
Senate Committee on Banking, Housing, and Urban Affairs on the status, 
activities, and effectiveness of the Centers.
-----------------------------------------------------------------------

    (k) Definitions.--For purposes of this section--
          (1) the term ``United States exporter'' means--
                  (A) a United States citizen,
                  (B) a corporation, partnership, or other 
                association created under the laws of the 
                United States or of any State, or
                  (C) a foreign corporation, partnership, or 
                other association, more than 95 percent of 
                which is owned by persons described in 
                subparagraphs (A) and (B),
        that exports, or seeks to export, goods or services 
        produced in the United States;
          (2) the term ``State'' means any of the several 
        States, the District of Columbia, or any commonwealth, 
        territory, or possession of the United States; and
          (3) the term ``United States'' means the several 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.

               TITLE V--OTHER EXPORT PROMOTION ACTIVITIES

SEC. 501.\11\ ADDITIONAL PROCUREMENT OFFICERS.

    (a) Appointment.--The Secretary of Commerce, in 
consultation with the Secretary of the Treasury, shall appoint 
one or more full-time additional procurement officers, for each 
multilateral development bank, to promote exports of goods and 
services from the United States by doing the following:

-----------------------------------------------------------------------
    \11\ 22 U.S.C. 262s-2 note.
-----------------------------------------------------------------------

          (1) Acting as the liaison between the business 
        community and one or more multilateral development 
        banks, whether or not the banks have offices in the 
        United States. The Secretary of Commerce shall ensure 
        that the procurement officer has access to, and 
        disseminates to United States businesses, information 
        relating to projects which are being proposed by the 
        multilateral development bank involved, and bid 
        specifications and deadlines for projects about to be 
        developed by the bank. The procurement officer shall 
        make special efforts to disseminate such information to 
        small- and medium-sized businesses interested in 
        participating in such projects. The procurement officer 
        shall explore opportunities for disseminating such 
        information through private sector, nonprofit 
        organizations.
          (2) Taking actions to assure that United States 
        businesses are fully informed of bidding opportunities 
        for projects for which loans have been made by the 
        multilateral development bank involved.
          (3) Taking actions to assure that United States 
        businesses can focus on projects in which they have a 
        particular interest or competitive advantage, and to 
        permit them to compete and have an equal opportunity in 
        submitting timely and conforming bidding documents.
    (b) Definition.--As used in this section, the term 
``multilateral development bank'' has the meaning given that 
term in section 1701(c) of the International Financial 
Institutions Act (22 U.S.C. 262r(c)).
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of Commerce $1,000,000 for 
each of the fiscal years 1993 and 1994 to carry out this 
section. Amounts appropriated pursuant to this subsection shall 
be available only for the purpose of making the appointment of 
additional procurement officers required by subsection (a).

            TITLE VI--ENTERPRISE FOR THE AMERICAS INITIATIVE

SEC. 601.\12\ SHORT TITLE.

    This title may be cited as the ``Enterprise for the 
Americas Act of 1992''.

-----------------------------------------------------------------------
    \12\ 22 U.S.C. 2151 note. Title VI, sec. 602, amended the Foreign 
Assistance Act of 1961, adding a new Part IV--Enterprise for the 
Americas Initiative, codified at 22 U.S.C. 2430.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

SEC. 604.\13\ INTERNATIONAL UNIVERSITY FOR THE AMERICAS.

    (a) Purpose.--The purpose of this section is to promote 
economic integration and the consolidation and strengthening of 
democratic institutions in the Western Hemisphere, and to 
commemorate the 500th anniversary of the discovery of the 
Americas by Christopher Columbus through the establishment of 
an institution of higher education, which shall be known as the 
``International University for the Americas''.

-----------------------------------------------------------------------
    \13\ 22 U.S.C. 2077.
-----------------------------------------------------------------------

    (b)  Establishment.--The Secretary of State, in 
consultation with other governments in the Western Hemisphere, 
shall determine the most appropriate location for the 
International University for the Americas. In making that 
determination, the Secretary shall ensure that--
          (1) the location chosen is in the Americas and is 
        easily accessible to all peoples in the region; and
          (2) the relevant government--
                  (A) has demonstrated a commitment to economic 
                integration and democratic values though its 
                policies and programs; and
                  (B) has expressed an interest in that 
                location being chosen as a site and has agreed 
                to contribute some amount of assistance, either 
                in cash or kind, toward the costs of developing 
                the institution.
    (c) Faculty, Students, and Curriculum.--In developing the 
bylaws of the International University for the Americas, the 
Secretary of State shall ensure that they contain provisions to 
ensure that faculty and students are drawn from all the nations 
in the Western Hemisphere, and that the curriculum is designed 
to develop expertise in fields that will promote the economic 
integration of the Americas and the consolidation of democracy 
throughout the Hemisphere.
    (d) Annual Report.--The annual reports submitted pursuant 
to section 614 of the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1738mm) shall include a 
progress report on the selection of a site and design for the 
establishment of the International University for the Americas.
    (e) Funding.--Of the funds that are allocated for 
assistance for Latin America and the Caribbean under chapter 1 
of part I of the Foreign Assistance Act of 1961 (relating to 
development assistance) and chapter 4 of part II of that Act 
(relating to the economic support fund), $500,000 may be made 
available to carry out the site location and design phase of 
the International University for the Americas.

                  TITLE VII--TRADE PROMOTION EXPANSION

SEC. 701. INCREASE IN COMMERCIAL SERVICE OFFICERS IN CERTAIN COUNTRIES.

    (a) Authorization of Appropriations.--In addition to 
amounts otherwise available, there are authorized to be 
appropriated $5,000,000 for each of the fiscal years 1993 and 
1994 for use by the Assistant Secretary of Commerce and 
Director General of the United States and Foreign Commercial 
Service in accordance with subsection (b).
    (b) Use of Funds.--Amounts appropriated pursuant to 
subsection (a) shall be available only for placing and 
maintaining 20 additional Commercial Service Officers abroad. 
The Secretary of Commerce, acting through the Assistant 
Secretary of Commerce and Director General of the United States 
and Foreign Commercial Service, may place such additional 
Commercial Service Officers--
          (1) in countries with which the United States has the 
        largest trade deficit, and
          (2) in newly emerging market economy countries, with 
        democratically elected governments, in Central and 
        Eastern Europe and elsewhere.
    (c) Report to Congress.--The Secretary of Commerce, acting 
through the Assistant Secretary of Commerce and the Director 
General of the United States and Foreign Commercial Service, 
shall, not later than December 31, 1994, submit to the 
Committee on Foreign Affairs of the House of Representatives 
and the Committee on Banking, Housing, and Urban Affairs of the 
Senate on the implementation of subsection (b). Each report 
shall specify--
          (1) in what countries the additional Commercial 
        Service Officers were placed, and the number of such 
        officers placed in each such country; and
          (2) the effectiveness of the presence of the 
        additional Commercial Service Officers in increasing 
        United States exports to the countries in which such 
        officers were placed.

                     TITLE VIII--GENERAL PROVISIONS

SEC. 801.\14\ IMPACT ON EMPLOYMENT IN THE UNITED STATES.

    No funds made available to carry out any provision of this 
Act or the amendments made by this Act may be obligated or 
expended for any financial incentive to a business enterprise 
currently located in the United States for the purpose of 
inducing such an enterprise to relocate outside the United 
States, if such incentive or inducement is likely to reduce the 
number of employees in the United States because United States 
production is being replaced by such enterprise outside the 
United States.

-----------------------------------------------------------------------
    \14\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------

SEC. 802.\14\ INTERNATIONALLY RECOGNIZED WORKER RIGHTS.

    No funds made available to carry out any provision of this 
Act or the amendments made by this Act may be obligated or 
expended for any project or activity that contributes to the 
violation of internationally recognized workers rights, as 
defined in section 502(a)(4) of the Trade Act of 1974, of 
workers in the recipient country, including any designated zone 
in that country.

   f. Overseas Private Investment Corporation Amendments Act of 1988

  Partial text of S. 2757, enacted into law by reference in sec. 555, 
Public Law 100-461 [H.R. 4637], 102 Stat. 2268-36, approved October 1, 
                                1988 \1\

            TITLE I--OVERSEAS PRIVATE INVESTMENT CORPORATION

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Overseas Private Investment 
Corporation Amendments Act of 1988''.

-----------------------------------------------------------------------
    \1\ Sec. 555 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268-36), enacted into law by reference title I of H.R. 5263, as 
passed by the House of Representatives on September 20, 1988, and 
provided further:
    ``That notwithstanding any other provision of this Act, titles I 
and III of S. 2757 as reported by the Senate Committee on Foreign 
Relations on September 7, 1988, are hereby enacted into law''.
    Title I of H.R. 5263 and title I of S. 2757, in large part, amended 
chapter 2, title IV of the FA Act of 1961. Sections 109 and 111, shown 
here, were freestanding provisions and were identical in both bills.
    For text of title III of S. 2757 (concerning certain USIA 
programs), see Legislation on Foreign Relations Through 1997, vol. II, 
sec. E.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

SEC. 109. SMALL AND MINORITY-OWNED BUSINESSES.

    (a) Findings.--The Congress finds that--
          (1) the Overseas Private Investment Corporation has a 
        consistent record of encouraging United States business 
        investment in the world's developing countries;
          (2) 62 percent of the open projects supported by the 
        Corporation during fiscal year 1987 were located in the 
        poorest of developing countries; and
          (3) United States small businesses participated in 34 
        percent of the open projects supported by the 
        Corporation during fiscal year 1987.
    (b) Sense of Congress.--It is the sense of the Congress 
that--
          (1) the Overseas Private Investment Corporation 
        should continue to encourage United States small 
        businesses to invest in the world's developing 
        countries; and
          (2) the Corporation should continue to encourage 
        United States small businesses that are minority-owned 
        to invest in the world's developing countries as these 
        businesses are well suited to the economic and social 
        development needs of such countries.
          * * * * * * *

SEC. 111. OPIC PROGRAMS IN HAITI.

    Prohibitions on United States assistance for Haiti during 
fiscal year 1988 shall not be construed to apply with respect 
to the Overseas Private Investment Corporation unless the 
prohibition specifically states that it applies with respect to 
the Overseas Private Investment Corporation.


               g. Special Foreign Assistance Act of 1986

 Partial text of Public Law 99-529 [S. 1917], 100 Stat. 3010, approved 
                            October 24, 1986

   AN ACT To promote immunization and oral rehydration in developing 
 countries, to promote democracy in Haiti, to protect tropical forests 
    and biological diversity in developing countries, to authorize 
  increased funding for the Child Survival Fund and for international 
         narcotics control assistance, and for other purposes.

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

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Special Foreign Assistance 
Act of 1986''.

-----------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------

  TITLE I--PROMOTING IMMUNIZATION AND ORAL REHYDRATION IN DEVELOPING 
                               COUNTRIES

SEC. 101. FINDINGS.

    The Congress finds that--
          (1) the United Nations Children's Fund (UNICEF) 
        reports that 3.5 million children die annually because 
        they have not been immunized against the six major 
        childhood diseases: polio, measles, whooping cough, 
        diphtheria, tetanus, and tuberculosis;
          (2) at present less than 20 percent of children in 
        the developing world are fully immunized against these 
        diseases;
          (3) each year more than five million additional 
        children are permanently disabled and suffer diminished 
        capacities to contribute to the economic, social, and 
        political development of their countries because they 
        have not been immunized;
          (4) ten million additional childhood deaths from 
        immunizable and potentially immunizable diseases could 
        be averted annually by the development of techniques in 
        biotechnology for new and cost-effective vaccines;
          (5) the World Health Assembly, the Executive Board of 
        the United Nations Children's Fund, and the United 
        Nations General Assembly are calling upon the nations 
        of the world to commit the resources necessary to meet 
        the challenge of universal access to childhood 
        immunization by 1990;
          (6) at the 1984 ``Bellagio Conference'' it was 
        determined that the goal of universal childhood 
        immunization by 1990 is indeed achievable; and
          (7) the Congress has expressed its expectation that 
        the Agency for International Development will set as a 
        goal the immunization by 1990 of at least 80 percent of 
        all the children in those countries in which the Agency 
        has a program.

SEC. 102. UNITED STATES PARTICIPATION IN GLOBAL EFFORT.

    (a) United States Government Support.--The Congress calls 
upon the President to direct the Agency for International 
Development, working through the Centers for Disease Control 
and other appropriate Federal agencies, to work in a global 
effort to provide enhanced support toward achieving the goal of 
universal access to childhood immunization by 1990 by--
          (1) assisting in the delivery, distribution, and use 
        of vaccines, including--
                  (A) the building of locally sustainable 
                systems and technical capacities in developing 
                countries to reach, by the appropriate age, not 
                less than 80 percent of their annually 
                projected target population with the full 
                schedule of required immunizations; and
                  (B) the development of a sufficient network 
                of indigenous professionals and institutions 
                with responsibility for developing, monitoring, 
                and assessing immunization programs and 
                continually adapting strategies to reach the 
                goal of preventing immunizable diseases; and
          (2) performing, supporting, and encouraging research 
        and development activities, both in the public and 
        private sector, that will be targeted at developing new 
        vaccines and at modifying and improving existing 
        vaccines to make them more appropriate for use in 
        developing countries.
    (b) Private Sector Support.--In support of this global 
effort, the President should appeal to the people of the United 
States and the United States private sector to support public 
and private efforts to provide the resources necessary to 
achieve universal access to childhood immunization by 1990.

SEC. 103.\2\ * * *

                 TITLE II--PROMOTING DEMOCRACY IN HAITI

SEC. 201. FINDINGS CONCERNING HAITI.

    The Congress finds that--

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    \2\ Sec. 103 amended sec. 104(c) of the Foreign Assistance Act of 
1961, fiscal year 1987 funding authorization for Child Survival Fund 
and development assistance for health.
-----------------------------------------------------------------------

          (1) the establishment of an interim government in 
        Haiti committed to a restoration of democracy provides 
        Haiti with an opportunity to build the political, 
        social, and economic institutions necessary to promote 
        Haiti's development, to provide a better future for the 
        people of Haiti, and to provide the framework for more 
        effective mutual cooperation with the United States, 
        Haiti's neighbor in the Caribbean, and the other 
        nations of the Hemisphere;
          (2) the magnitude of the political, economic, and 
        social tasks facing the people of Haiti will make the 
        achievement of a better future a difficult task which 
        will require a determined and sustained effort by the 
        Haitian people over a long period of time and will 
        require significant external assistance from the United 
        States and other donors; and
          (3) it is in the interest of the United States to 
        provide appropriate support for the development of 
        Haiti, a close neighbor which is one of the world's 
        poorest nations and which is committed to the 
        establishment of a democratic government.

SEC. 202. ECONOMIC ASSISTANCE FOR HAITI.

    (a) Earmarking of Funds.--Not less than $108,000,000 of the 
aggregate amounts available for fiscal year 1987 to carry out 
sections 103 through 106 of the Foreign Assistance Act of 1961 
(relating to development assistance), chapter 4 of part II of 
that Act (relating to the Economic Support Fund), and titles I 
and II of the Agricultural Trade Development and Assistance Act 
of 1954 (relating to the Food for Peace Program) shall be 
available only for Haiti.
    (b) Use of Development Assistance.--Assistance under 
sections 103 through 106 of the Foreign Assistance Act of 1961 
which is provided for Haiti pursuant to subsection (a) shall be 
used to support a transition to democracy in Haiti, emphasizing 
foreign investment, job creation (especially in the private 
sector), rural development, health care and sanitation, small-
scale irrigation, reforestation and land conservation, and 
literacy education. Such assistance should reflect the need to 
distribute development assistance resources more equitably 
among the various regions in Haiti in order to support 
sustainable development in all of Haiti.
    (c) Requirement for Segregated Account for Economic Support 
Assistance Funds Paid to Government of Haiti.--Funds under 
chapter 4 of part II of the Foreign Assistance Act of 1961 
which are made available for Haiti pursuant to subsection (a) 
may be paid to the Government of Haiti only if the Government 
of Haiti will maintain those funds in a separate account and 
not commingle them with other funds.
    (d) Conditions on Economic Support and Development 
Assistance.--Funds may be obligated for assistance for Haiti 
under sections 103 through 106 of chapter 4 of part II of the 
Foreign Assistance Act of 1961 pursuant to subsection (a) only 
if the President determines that the interim Government of 
Haiti--
          (1) is improving the human rights situation in Haiti;
          (2) is implementing its timetable for completion of a 
        new constitution that promotes genuine democratic 
        reforms and guarantees the fundamental principles of 
        democracy;
          (3) is establishing a framework for free and open 
        elections leading to a democratically-elected civilian 
        government, which would include free and functioning 
        political parties and associations, free labor unions, 
        and freedom of the press;
          (4) is cooperating fully in implementing United 
        States development, food, and other economic assistance 
        programs in Haiti (including programs for prior fiscal 
        years);
          (5) is maintaining a system of fiscal accountability 
        to ensure that all resources allocated to the 
        development of Haiti are used in the most effective and 
        efficient manner;
          (6) is continuing its investigation of alleged human 
        rights abuses and corruption by the Duvalier government 
        and is prosecuting, in accordance with due process, 
        those responsible for human rights abuses and 
        corruption;
          (7) is maintaining a free and independent judiciary 
        system;
          (8) is continuing to cooperate with the United States 
        in halting illegal emigration to the United States from 
        Haiti; and
          (9) is encouraging private sector development.
    (e) \3\ * * *

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    \3\ Subsec. (e) amended the Foreign Assistance Act of 1961, sec. 
401(s)(2), fiscal year 1987 funding authorization for the Inter-
American Foundation.
-----------------------------------------------------------------------

    (f) Additional Assistance for Economic Development in 
Haiti.--In order to assist economic development in Haiti, a 
Foreign Commercial Service officer should be assigned to the 
United States Embassy in Haiti.

SEC. 203. MILITARY TRAINING AND OTHER NONLETHAL ASSISTANCE FOR HAITI.

    (a) Authorization of Assistance.--Up to $4,000,000 of the 
aggregate amounts available for fiscal year 1987 to carry out 
chapter 2 of part II of the Foreign Assistance Act of 1961 
(relating to grant military assistance), chapter 5 of part II 
of that Act (relating to international military education and 
training), and the Arms Export Control Act (relating to FMS 
assistance) may be made available for Haiti for education, 
training, and other nonlethal assistance (such as 
transportation equipment, communications equipment, and 
uniforms).
    (b) Conditions on Military Assistance.--Funds made 
available pursuant to subsection (a) may be obligated only if 
the President certifies to the Congress the following:
          (1) The Government of Haiti has submitted a formal 
        request to the United States specifying a comprehensive 
        plan for the reform and reorganization of the mission, 
        command, and control structures of the Haitian armed 
        forces consistent with a transition to democracy, the 
        rule of law, constitutional government, and an elected 
        civilian government. Such a plan should include a 
        publicly announced commitment by the armed forces of 
        Haiti to abide by international human rights standards 
        and adoption of a code of conduct to assure adherence 
        to these standards.
          (2) The Government of Haiti is making substantial 
        efforts--
                  (A) to prevent the involvement of the Haitian 
                armed forces in human rights abuses and 
                corruption by removing from those forces and 
                prosecuting, in accordance with due process, 
                those military personnel responsible for the 
                human rights abuses and corruption;
                  (B) to ensure that freedom of speech and 
                assembly are respected;
                  (C) to conduct investigations into the 
                killings of unarmed civilians in Gonaives, 
                Martissant, and Fort Dimanche, to prosecute, in 
                accordance with due process, those responsible 
                for those killings, and to prevent any similar 
                occurrences in the future;
                  (D) to provide education and training to the 
                Haitian armed forces with respect to 
                internationally recognized human rights and the 
                civil and political rights essential to 
                democracy, in order to enable those forces to 
                function consistent with those rights; and
                  (E) to take steps to implement the policy of 
                the Government of Haiti requiring former 
                members of the Volunteers for National Security 
                (VSN) to turn in their weapons and to take the 
                necessary actions to enforce this requirement.
    (c) Reports.--Not later than three months after the 
President submits his certification under subsection (b) and 
every three months thereafter, the President shall report to 
the Congress on the extent to which the actions of the 
Government of Haiti are consistent with each of the objectives 
specified in subsection (b). Half of the assistance provided 
pursuant to subsection (a) shall be withheld from delivery 
until the President submits the first such report.
    (d) Notification to Congress.--Funds made available 
pursuant to subsection (a) may be obligated only if the 
Committee on Appropriations and the Committee on Foreign 
Affairs of the House of Representatives and the Committee on 
Appropriations and the Committee on Foreign Relations of the 
Senate are notified fifteen days in advance.
    (e) Relation to Existing Provision.--Assistance under 
subsection (a) may be provided notwithstanding the limitations 
contained in section 705(e) of the International Security and 
Development Cooperation Act of 1985 and is in addition to the 
assistance allowed under that section.

SEC. 204. RECOVERY BY HAITI OF ASSETS STOLEN BY DUVALIER REGIME.

    (a) Findings.--The Congress finds that--
          (1) the Government of Haiti believes that former 
        president-for-life Jean Claude Duvalier and other 
        individuals associated with the Duvalier regime 
        illegally diverted to their own use substantial amounts 
        of the assets of the Government of Haiti:
          (2) the Government of Haiti is attempting to locate 
        and recover those assets through legal means;
          (3) virtually every relevant jurisdiction, both in 
        the United States and abroad, requires the posting of 
        some form of security to secure the issuance of orders 
        of attachment or other judicial seizures of property;
          (4) the Government of Haiti is unable, without 
        outside assistance, to post the necessary security 
        because of its lack of assets;
          (5) Haiti's economic situation could be significantly 
        improved, and the need for external resources reduced, 
        if the Government of Haiti is able to pursue its legal 
        remedies against those who are in large part 
        responsible for the economic crisis in Haiti; and
          (6) the United States has a substantial foreign 
        policy interest in helping the Government of Haiti 
        recover any assets which were illegally diverted by 
        those associated with the Duvalier regime.
    (b) Actions to Assist Haiti.--The President shall exercise 
the authorities granted by section 203 of the International 
Emergency Economic Powers Act (50 U.S.C. App. 1702) to assist 
the Government of Haiti in its efforts to recover, through 
legal proceedings, assets which the Government of Haiti alleges 
were stolen by former president-for-life Jean Claude Duvalier 
and other individuals associated with the Duvalier regime. This 
subsection shall be deemed to satisfy the requirements of 
section 202 of that Act.

        *        *        *        *        *        *        *        



   h. International Security and Development Cooperation Act of 1985

   Partial text of Public Law 99-83 [S. 960], 99 Stat. 190, approved 
  August 8, 1985 as amended by Public Law 99-399 [Omnibus Diplomatic 
  Security and Antiterrorism Act of 1986, H.R. 4151], 100 Stat. 853, 
  approved August 27, 1986; Public Law 99-570 [Anti-Drug Abuse Act of 
1986, H.R. 5484], 100 Stat. 3207, approved October 27, 1986; Public Law 
99-591 [Continuing Appropriations Act, 1987; H.J. Res. 738], 100 Stat. 
    3341, approved October 30, 1986; Public Law 100-202 [Continuing 
  Appropriations Act, 1988; H.J. Res. 395], 101 Stat. 1329, approved 
December 22, 1987; Public Law 101-246 [Foreign Relations Authorization 
  Act, Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat. 15, approved 
       February 16, 1990; Public Law 102-145 [Further Continuing 
 Appropriations, 1992; H.J. Res. 360], 105 Stat. 968, approved October 
   28, 1991; Public Law 103-149 [South African Democratic Transition 
Support Act of 1993; H.R. 3225], 107 Stat. 1503, approved November 23, 
 1993; and by Public Law 103-272 [H.R. 1758], 108 Stat. 745, approved 
                              July 5, 1994

_______________________________________________________________________

          Note.--Except for the provisions noted below, the 
        International Security and Development Cooperation Act 
        of 1985 consists of amendments to the Foreign 
        Assistance Act of 1961, the Arms Export Control Act, 
        the Peace Corps Act, Public Law 480, and to several 
        former foreign aid annual authorization acts. These 
        amendments are incorporated into the texts of these 
        Acts at the appropriate locations.
_______________________________________________________________________


 AN ACT To authorize international development and security assistance 
 programs and Peace Corps programs for fiscal years 1986 and 1987, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the 
``International Security and Development Cooperation Act of 
1985''.

        *        *        *        *        *        *        *        

      TITLE I--MILITARY ASSISTANCE AND SALES AND RELATED PROGRAMS

SEC. 101. FOREIGN MILITARY SALES CREDITS.

    (a) * * *
    (b) * * *
    (c) FMS Financing for Israel.--(1) Of the total amount of 
credits extended under section 23 of the Arms Export Control 
Act, not less than $1,800,000,000 for fiscal year 1986 \1\ and 
not less than $1,800,000,000 for fiscal year 1987 \2\ shall be 
available only for Israel.

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    \1\ Title III of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of the Further Continuing 
Appropriations Act, 1986; Public Law 99-190; 99 Stat. 1301), provided 
that ``not less than $1,800,000,000 shall be available only for 
Israel.''. The Act further provided that: if the Government of Israel 
requests that funds be used for such purposes, up to $150,000,000 of 
the amount of credits made available for Israel pursuant to this 
paragraph shall be available for research and development in the United 
States for the Lavi program, and not less than $300,000,000 shall be 
for the procurement in Israel of defense articles and services, 
including research and development, for the Lavi program and other 
activities if requested by Israel * * *''.
    \2\ The Foreign Assistance and Related Programs Appropriations Act, 
1987 (sec. 101(f) of the Continuing Appropriations Act, 1987; Public 
Law 99-591; 100 Stat. 3341-224), contained language identical to that 
cited in note 1 and provided further:
    ``That funds for the Lavi program shall be expended upon the 
Department of Defense's determination that the proposed contracts meet 
application technical standards: Provided further, That during fiscal 
year 1987, gross obligations for the principal amount of direct loans, 
exclusive of loan guarantee defaults, shall not exceed $4,040,441,284: 
Provided further, That any funds made available by this paragraph, 
other than funds made available for Israel and Egypt, may be made 
available at concessional rates of interest, notwithstanding section 
31(b)(2) of the Arms Export Control Act''.
-----------------------------------------------------------------------

    (2) Israel shall be released from its contractual liability 
to repay the United States Government with respect to the 
credits provided pursuant to paragraph (1).
    (3) If the Government of Israel requests that funds be used 
for such purposes--
          (A) up to $150,000,000 of the amount of credits made 
        available for Israel pursuant to paragraph (1) for each 
        of the fiscal years 1986 and 1987 shall be available 
        for research and development in the United States for 
        the Lavi \1\ program, and
          (B) not less than $250,000,000 of the amount of 
        credits made available for Israel pursuant to paragraph 
        (1) for each of the fiscal years 1986 and 1987 shall be 
        available for the procurement in Israel of defense 
        articles and defense services (including research and 
        development) for the Lavi \1\ program.
    (d) FMS Financing for Egypt.--(1) Of the total amount of 
credits extended under section 23 of the Arms Export Control 
Act, not less than $1,300,000,000 for fiscal year 1986 \3\ and 
not less than $1,300,000,000 for fiscal year 1987 shall be 
available only for Egypt.

-----------------------------------------------------------------------
    \3\ Title III of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1302), provided an appropriation of $1,300,000,000 for Egypt, as did 
title III of the 1987 version of the Act (Public Law 99-591; 100 Stat. 
3341-224).
-----------------------------------------------------------------------

    (2) Egypt shall be released from its contractual liability 
to repay the United States Government with respect to the 
credits extended pursuant to paragraph (1).
    (e) FMS Financing for Greece.--(1) Of the total amount of 
credits extended under section 23 of the Arms Export Control 
Act, $500,000,000 for each of the fiscal years 1986 \4\ and 
1987 shall be available only for Greece.

-----------------------------------------------------------------------
    \4\ Title III of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1302), provided $450,000,000 for Greece; the 1987 version of the Act 
(Public Law 99-591; 100 Stat. 3341-225) appropriated $343,000,000 for 
Greece.
-----------------------------------------------------------------------

    (2) For each of the fiscal years 1986 and 1987, of the 
total amount of credits extended for Greece under section 23 of 
the Arms Export Control Act, Greece shall receive the same 
proportion of credits extended at concessional rates of 
interest as the proportion of credits extended at concessional 
rates of interest which Turkey receives out of the total amount 
of credits extended for Turkey under that section, and the 
average annual rate of interest on the credits extended for 
Greece at concessional rates of interest shall be comparable to 
the average annual rate of interest on the credits extended for 
Turkey at concessional rates of interest. Credits extended for 
Greece for each of the fiscal years 1986 and 1987 at 
concessional rates of interest shall not be counted toward any 
ceiling established by law on concessional financing under the 
Arms Export Control Act.
    (f) FMS Financing and MAP for Turkey.--For each of the 
fiscal years 1986 \5\ and 1987, the aggregate total of 
financing under the Arms Export Control Act and assistance 
under chapter 2 of part II of the Foreign Assistance Act of 
1961 provided for Turkey may not exceed $714,280,000. Of this 
amount, up to $215,000,000 may be used for assistance under 
chapter 2 of part II of the Foreign Assistance Act of 1961, 
with the understanding that the United States Government is 
acting with urgency and determination to oppose any actions 
aimed at effecting a permanent bifurcation of Cyprus.

-----------------------------------------------------------------------
    \5\ Title III of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1302), provided Foreign Military Sales appropriation of $427,852,000 
for Turkey; the 1987 version of the Act (Public Law 99-591; 100 Stat. 
3341-225) appropriated $490,000 for Turkey.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

SEC. 106. GUARANTY RESERVE FUND.

    (a) Report on Replenishment.--For the purpose of providing 
recommendations for improving the security interests of the 
United States and the friends and allies of the United States, 
the President shall prepare and transmit to the Congress within 
90 days after the date of enactment of this Act a report which 
sets forth the history of United States foreign military sales 
financing under the Foreign Assistance Act of 1961 and the Arms 
Export Control Act. Such report shall include recommendations 
on replenishing the Guaranty Reserve Fund under section 24 of 
the Arms Export Control Act and recommendations on other 
matters agreed to in consultation with the chairman and ranking 
minority member of the Committee on Foreign Relations of the 
Senate and of the Committee on Foreign Affairs of the House of 
Representatives.

        *        *        *        *        *        *        *        

SEC. 129.\6\ CONVENTIONAL ARMS TRANSFERS.

    (a) Negotiations.--At the earliest possible date, the 
President should, in consultation with United States allies, 
initiate discussions with the Soviet Union and France aimed at 
beginning multilateral negotiations to limit and control the 
transfer of conventional arms to less developed countries.

-----------------------------------------------------------------------
    \6\ 22 U.S.C. 2751 note.
-----------------------------------------------------------------------

    (b) Report.--Within one year after the date of enactment of 
this Act, the President shall submit to the Speaker of the 
House of Representatives and the chairman of the Committee on 
Foreign Relations of the Senate a report which specifies steps 
being taken to fulfill the requirements of subsection (a) and 
which examines and analyzes United States policies concerning 
the export of conventional arms, especially sophisticated 
weapons, and possible approaches to developing multilateral 
limitations on conventional arms sales. This report shall 
examine and analyze--
          (1) the lessons of earlier efforts to negotiate 
        restraints on the export of conventional arms;
          (2) the evolution of supplier practices and policies;
          (3) the evolution of recipient country attitudes 
        regarding conventional arms transfers;
          (4) the effect upon regional stability and security 
        of conventional arms transfer by the United States and 
        its allies and the Soviet Union and its allies;
          (5) the relationship between arms imports and the 
        external debt of recipient countries, the allocation of 
        their internal resources, and their economic well-
        being;
          (6) the relationship between arms exports by Western 
        European countries and the needs of those countries to 
        support their domestic military procurement programs;
          (7) the prospects for engaging the Soviet Union in 
        serious discussions concerning arms transfers, both 
        globally and as they relate to regional security 
        problems;
          (8) possible measures by the United States and 
        Western European suppliers to control levels of 
        sophisticated weapons sales, both regionally and 
        globally; and
          (9) the timing and phasing of international 
        conventional arms control negotiations.

SEC. 130.\7\ FOREIGN MILITARY SALES FOR JORDAN.

    (a) Middle East Peace.--The foreign military sales 
financing authorized by this Act for Jordan is provided and 
increased in the recognition of progress Jordan has made in the 
search for a just and lasting peace in the Middle East, to 
encourage further progress, in recognition of the continuing 
defense needs of Jordan, and in the expectation that Jordan 
will enter into direct negotiations with Israel based on United 
Nations Security Council Resolutions 242 and 338 in order to 
resolve the state of war between those two countries.

-----------------------------------------------------------------------
    \7\ Sec. 545 of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1311), substantively contained the same provisions as this section.
-----------------------------------------------------------------------

    (b) Sense of Congress.--It is the sense of the Congress 
that no foreign military sales financing authorized by this Act 
may be used to finance the procurement by Jordan of United 
States advanced aircraft, new air defense weapons systems, or 
other new advanced military weapons systems, and no 
notification may be made pursuant to section 36(b) of the Arms 
Export Control Act with respect to a proposed sale to Jordan of 
United States advanced aircraft, new air defense systems, or 
other new advanced military weapons systems, unless Jordan is 
publicly committed to the recognition of Israel and to 
negotiate promptly and directly with Israel under the basic 
tenets of United Nations Security Council Resolutions 242 and 
338.
    (c) \8\ Certification.--Any notification made pursuant to 
section 36(b) of the Arms Export Control Act with respect to a 
proposed sale to Jordan of United States advanced aircraft, new 
air defense systems, or other new advanced military weapons, 
shall be accompanied by a Presidential certification of 
Jordan's public commitment to the recognition of Israel and to 
negotiate promptly and directly with Israel under the basic 
tenets of United Nations Security Council Resolutions 242 and 
338.

-----------------------------------------------------------------------
    \8\ On June 23, 1995, the President certified ``that Jordan is 
publicly committed to the recognition of Israel and to negotiate [sic] 
promptly and directly with Israel under basic tenets of United Nations 
Security Council Resolutions 242 and 338.'' (Presidential Determination 
No. 95-27; 60 F.R. 35461).
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SEC. 131. CERTIFICATION CONCERNING AWACS SOLD TO SAUDI ARABIA.

    (a) The President's 1981 AWACS Communication to the 
Senate.--(1) The Congress finds that in his October 28, 1981, 
communication to the Senate concerning the proposed sale of 
AWACS aircraft and F15 enhancement items to Saudi Arabia which 
was then being reviewed by the Congress (hereafter in this 
section referred to as the ``1981 AWACS communication''), the 
President stated the following:
        ``Transfer of the AWACS will take place . . . only 
        after the Congress has received in writing a 
        Presidential certification, containing agreements with 
        Saudi Arabia, that the following conditions have been 
        met:
        ``1. Security of Technology
          ``A. That a detailed plan for the security of 
        equipment, technology, information, and supporting 
        documentation has been agreed to by the United States 
        and Saudi Arabia and is in place; and
          ``B. The security provisions are no less stringent 
        than measures employed by the U.S. for protection and 
        control of its equipment of like kind outside the 
        continental U.S.; and
          ``C. The U.S. has the right of continual on-site 
        inspection and surveillance by U.S. personnel of 
        security arrangements for all operations during the 
        useful life of the AWACS. It is further provided that 
        security arrangements will be supplemented by 
        additional U.S. personnel if it is deemed necessary by 
        the two parties; and
          ``D. Saudi Arabia will not permit citizens of third 
        nations either to perform maintenance on the AWACS or 
        to modify any such equipment without prior, explicit 
        mutual consent of the two governments; and
          ``E. Computer software, as designated by the U.S. 
        Government, will remain the property of the USG.
        ``2. Access to Information
          ``That Saudi Arabia has agreed to share with the 
        United States continuously and completely the 
        information that it acquires from use of the AWACS.
        ``3. Control Over Third-Country Participation
          ``A. That Saudi Arabia has agreed not to share access 
        to AWACS equipment, technology, documentation, or any 
        information developed from such equipment or technology 
        with any nation other than the U.S. without the prior, 
        explicit mutual consent of both governments; and
          ``B. There are in place adequate and effective 
        procedures requiring the screening and security 
        clearance of citizens of Saudi Arabia and that only 
        cleared Saudi citizens and cleared U.S. nationals will 
        have access to AWACS equipment, technology, or 
        documentation, or information derived therefrom, 
        without the prior, explicit mutual consent of the two 
        governments.
        ``4. AWACS Flight Operations
          ``That the Saudi AWACS will be operated solely within 
        the boundaries of Saudi Arabia, except with the prior, 
        explicit mutual consent of the two governments, and 
        solely for defensive purposes as defined by the United 
        States, in order to maintain security and regional 
        stability.
        ``5. Command Structure
          ``That agreements as they concern organizational 
        command and control structure for the operation of 
        AWACS are of such a nature to guarantee that the 
        commitments above will be honored.
        ``6. Regional Peace and Security
          ``That the sale contributes directly to the stability 
        and security of the area, enhances the atmosphere and 
        prospects for progress toward peace, and that 
        initiatives toward the peaceful resolution of disputes 
        in the region have either been successfully completed 
        or that significant progress toward that goal has been 
        accomplished with the substantial assistance of Saudi 
        Arabia.''.
    (2) The Congress finds that the President also stated in 
the 1981 AWACS communications that should circumstances arise 
that might require changes in the arrangements described in 
that communication, ``they would be made only with 
Congressional participation''.
    (b) Requirement for Presidential Certification.--As 
provided in the 1981 AWACS communication, before the E3A 
airborne warning and control system (AWACS) aircraft which were 
the subject of that communication are transferred to Saudi 
Arabia, the President shall submit to the Congress a written 
Presidential certification, containing agreements with Saudi 
Arabia, that the conditions set forth in that communication 
have been met.
    (c) Congressional Participation in Changes in AWACS 
Arrangements.--In order to facilitate the congressional 
participation provided for in the 1981 AWACS communication, the 
President shall notify the Congress promptly of any changes 
being considered by the United States in the arrangements 
described in that communication.

SEC. 132. COOPERATIVE AGREEMENTS ON AIR DEFENSE IN CENTRAL EUROPE.

    (a) General Authorities.--The Secretary of Defense may 
carry out the European air defense agreements. In carrying out 
those agreements, the Secretary--
          (1) may provide without monetary charge to the 
        Federal Republic of Germany articles and services as 
        specified in the agreements; and
          (2) may accept from the Federal Republic of Germany 
        (in return for the articles and services provided under 
        paragraph (1)) articles and services as specified in 
        the agreements.
    (b) Special Authorities.--In connection with the 
administration of the European air defense agreements, the 
Secretary of Defense may--
          (1) waive any surcharge for administrative services 
        otherwise chargeable under section 21(e)(1)(A) of the 
        Arms Export Control Act;
          (2) waive any charge not otherwise waived for 
        services associated with contract administration for 
        the sale under the Arms Export Control Act of Patriot 
        air defense missile fire units to the Federal Republic 
        of Germany contemplated in the agreements;
          (3) use, to the extent contemplated in the 
        agreements, the NATO Maintenance and Supply Agency--
                  (A) for the supply of logistical support in 
                Europe for the Patriot missile system, and
                  (B) for the acquisition of such logistical 
                support,
        to the extent that the Secretary determines that the 
        procedures of that Agency governing such supply and 
        acquisition are appropriate;
          (4) share, to the extent contemplated in the 
        agreements, the costs of setup charges of facilities 
        for use by that Agency to perform depot-level support 
        of Patriot missile fire units in Europe; and
          (5) delivery to the Federal Republic of Germany one 
        Patriot missile fire unit configured for training, to 
        be purchased by the Federal Republic of Germany under 
        the Arms Export Control Act as contemplated in the 
        agreements, without regard to the requirement in 
        section 22 of that Act for payment in advance of 
        delivery for any purchase under that Act.
    (c) Rate Charged for Certain Services.--Notwithstanding the 
rate required to be charged under section 21 of the Arms Export 
Control Act for services furnished by the United States, in the 
case of 14 Patriot missile fire units which the Federal 
Republic of Germany purchases from the United States under the 
Arms Export Control Act as contemplated in the European air 
defense agreements, the rate charged by the Secretary of 
Defense for packing, crating, handling, and transportation 
services associated with that purchase may not exceed the 
established Department of Defense rate for such services.
    (d) Limitation on Contract Authority.--The authority of the 
Secretary of Defense to enter into contracts under the European 
air defense agreements is available only to the extent that 
appropriated funds, other than those made available under 
section 31 of the Arms Export Control Act, are available for 
that purpose.
    (e) Relation to Fiscal Year 1985 Authorization.--The 
authorities provided by this section are an extension of, and 
not in addition to, the authorities provided by section 1007 of 
the Department of Defense Authorization Act, 1985 (98 Stat. 
2579), relating to the authority of the Secretary of Defense to 
carry out the European air defense agreements during fiscal 
year 1985.
    (f) Definition of European Air Defense Agreements.--For the 
purposes of this section, the term ``European air defense 
agreements'' means--
          (1) the agreement entitled ``Agreement between the 
        Secretary of Defense of the United States of America 
        and the Minister of Defense of the Federal Republic of 
        Germany on Cooperative Measures for Enhancing Air 
        Defense for Central Europe'', signed on December 6, 
        1983; and
          (2) the agreement entitled ``Agreement between the 
        Secretary of Defense of the United States of America 
        and the Minister of Defense of the Federal Republic of 
        Germany in implementation of the 6 December 1983 
        Agreement on Cooperative Measures for Enhancing Air 
        Defense for Central Europe'', signed on July 12, 1984.

                    TITLE II--ECONOMIC SUPPORT FUND

          * * * * * * *

SEC. 202. ASSISTANCE FOR THE MIDDLE EAST.

    (a) Israel.\9\, \10\--(1) Of the amounts 
authorized to be appropriated to carry out chapter 4 of part II 
of the Foreign Assistance Act of 1961, not less than 
$1,200,000,000 for fiscal year 1986 \11\ and not less than 
$1,200,000,000 for fiscal year 1987 shall be available only for 
Israel.

-----------------------------------------------------------------------
    \9\ Title II of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190), contained 
the following:
    ``That it is the sense of the Congress that the recommended levels 
of assistance for Egypt and Israel are based in great measure upon 
their continued participation in the Camp David Accords and upon the 
Egyptian-Israeli peace treaty; and that Egypt and Israel are urged to 
continue their efforts to restore a full diplomatic relationship, 
including ambassadors, and achieve realization of the Camp David 
Accords.''.
    Identical language was contained in title II of the 1987 version of 
the Act (Public Law 99-591; 100 Stat. 3341-221).
    \10\ Sec. 532 of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1308), provided the following:
    ``Sec. 532. The Congress finds that progress on the peace process 
in the Middle East is vitally important to United States security 
interests in the region. The Congress recognizes that, in fulfilling 
its obligations under the Treaty of Peace Between the Arab Republic of 
Egypt and the State of Israel, done at Washington on March 26, 1979, 
Israel incurred severe economic burdens. Furthermore, the Congress 
recognizes that an economically and militarily secure Israel serves the 
security interests of the United States, for a secure Israel is an 
Israel which has the incentive and confidence to continue pursuing the 
peace process. Therefore, the Congress declares that it is the policy 
and the intention of the United States that the funds provided in 
annual appropriations for the Economic Support Fund which are allocated 
to Israel shall not be less than the annual debt repayment (interest 
and principal) from Israel to the United States Government in 
recognition that such a principle serves United States interests in the 
region.''.
    Section 531 of the 1987 version of the Act (Public Law 99-591; 100 
Stat. 3341-231), contained identical language to sec. 532 above.
    \11\ Title II of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1298), provided appropriations for the Economic Support Fund:
    ``* * * not less than $1,200,000,000 shall be available only for 
Israel, which sum shall be available on a grant basis as a cash 
transfer and shall be disbursed within 30 days of enactment of this Act 
or by October 31, 1985, whichever is later * * *.''.
    Title II of the 1987 Act (Public Law 99-591; 100 Stat. 3341-220) 
contained identical language to that above except that the amount is 
``$1,200,000,000'', and the date is ``October 31, 1986''.
-----------------------------------------------------------------------

    (2) The total amounts of funds allocated for Israel under 
that chapter for fiscal year 1986 and fiscal year 1987 shall be 
made available as a cash transfer on a grant basis. Such 
transfer shall be made on an expedited basis in the first 30 
days of the respective fiscal year. In exercising the authority 
of this paragraph, the President shall ensure that the level of 
cash transfer made to Israel does not cause an adverse impact 
on the total level of nonmilitary exports from the United 
States to Israel.
    (b) Egypt.--(1) Of the amounts authorized to be 
appropriated to carry out chapter 4 of part II of the Foreign 
Assistance Act of 1961, not less than $815,000,000 for fiscal 
year 1986 \12\ and not less than $815,000,000 for fiscal year 
1987 shall be available only for Egypt.

-----------------------------------------------------------------------
    \12\ Title II of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1298), provided the following for Economic Support Fund for Egypt:
    ``not less than $815,000,000 shall be available only for Egypt, 
which sum shall be provided on a grant basis, of which not less than 
$115,000,000 shall be provided as a cash transfer in accordance with 
the provisions of section 202(b) of Public Law 99-83, and not less than 
$200,000,000 shall be provided as a Commodity Import Program:''.
    Title II of the 1987 version of the Act (Public Law 99-591; 100 
Stat. 3341-220) contained identical language, as well as the following:
    ``* * * Provided further, That notwithstanding any other provision 
of law, the Agency for International Development is authorized to 
obligate such funds as it deems necessary in excess of $115,000,000 
from the funds appropriated for assistance to Egypt for the fiscal year 
1987 as direct cash transfer for Egypt: Provided further, That such 
obligations in excess of $115,000,000 shall only be made in support of 
the implementation of a comprehensive structural economic reform 
program by the Government of Egypt: Provided further, That all such 
cash transfers in excess of $115,000,000 shall be subject to the 
regular notification procedures of the Committee on Foreign Affairs of 
the House of Representatives, the Committee on Foreign Relations of the 
Senate, and the Appropriations Committee of the House and Senate: 
Provided further, That such notifications for the provision of cash 
transfers in excess of $115,000,000 shall include detailed descriptions 
of the comprehensive structural economic reform program of the 
Government of Egypt: Provided further, That if the Agency for 
International Development obligates cash transfer assistance for Egypt 
exceeding $115,000,000, as permitted above, then such increased funding 
shall be derived through proportionate reductions in both the Commodity 
Import Program and project assistance: Provided further, That it is the 
sense of the Congress that the recommended levels of assistance for 
Egypt and Israel are based in great measure upon their continued 
participation in the Camp David Accords and upon the Egyptian-Israeli 
peace treaty; and that Egypt and Israel are urged to continue their 
efforts to restore a full diplomatic relationship, including 
ambassadors, and achieve realization of the Camp David Accords: * * 
*''.
-----------------------------------------------------------------------

    (2) All of the funds made available to Egypt under that 
chapter for the fiscal years 1986 and 1987 shall be provided on 
a grant basis.
    (3) Up to $115,000,000 of the amounts provided for Egypt 
for each of the fiscal years 1986 and 1987 pursuant to 
paragraph (1) may be provided as a cash transfer with the 
understanding that Egypt will undertake economic reforms or 
development activities which are additional to those which 
would be undertaken in the absence of the cash transfer.
    (c) Cooperative Scientific and Technological Projects.--It 
is the sense of the Congress that, in order to continue to 
build the structure of peace in the Middle East, the United 
States should finance, and where appropriate participate in, 
cooperative projects of a scientific and technological nature 
involving Israel and Egypt and other Middle East countries 
wishing to participate. These cooperative projects should 
include projects in the fields of agriculture, health, energy, 
the environment, education, water resources, and the social 
sciences.

SEC. 203. ASSISTANCE FOR CYPRUS.

    (a) Earmarks.--Of the amounts authorized to be appropriated 
to carry out chapter 4 of part II of the Foreign Assistance Act 
of 1961, not less than $15,000,000 for fiscal year 1986 \13\ 
and not less than $15,000,000 for fiscal year 1987 shall be 
available only for Cyprus.

-----------------------------------------------------------------------
    \13\ Title II of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190), provided 
the following for Economic Support Fund for Cyprus for fiscal year 
1986:
    `` * * * of the funds appropriated or otherwise made available 
under this heading, $15,000,000 shall be available only for Cyprus 
(except that any offshore procurement must meet Agency for 
International Development procurement source and origin regulations)''.
    Title II of the 1987 version of the Act (Public Law 99-591; 100 
Stat. 3341-221) provided: ``That not less than $15,000,000 of the funds 
appropriated under this paragraph shall be available for Cyprus''.
-----------------------------------------------------------------------

    (b) Cyprus Peace and Reconstruction Fund.--It is the sense 
of the Congress that, at the appropriate time, $250,000,000 
should be authorized to be appropriated to provide assistance 
for Cyprus under chapter 4 of part II of the Foreign Assistance 
Act of 1961 if the President certifies to the Congress that an 
agreement has been concluded by the Greek and Turkish Cypriots 
which is supported by Greece and Turkey and which achieves 
substantial progress toward settlement of the Cyprus dispute. 
Such an agreement should include an agreement on Varosha/
Famagusta, foreign troop levels in the Republic of Cyprus, the 
disposition of the international airport on Cyprus, or other 
significant steps which are evidence of substantial progress 
toward an overall settlement of the Cyprus dispute.

SEC. 204. ASSISTANCE FOR PORTUGAL.

    Of the amounts authorized to be appropriated to carry out 
chapter 4 of part II of the Foreign Assistance Act of 1961, 
$80,000,000 for fiscal year 1986 and $80,000,000 for fiscal 
year 1987 shall be available only for Portugal.

SEC. 205. ACQUISITION OF AGRICULTURAL COMMODITIES UNDER COMMODITY 
                    IMPORT PROGRAMS.

    The President shall use not less than 18 percent of the 
funds which are authorized to be appropriated to carry out 
chapter 4 of part II of the Foreign Assistance Act of 1961 for 
each of the fiscal years 1986 and 1987, and which are made 
available for commodity import programs, for the purchase of 
agricultural commodities of United States-origin.

SEC. 206. TIED AID CREDIT PROGRAM.

    Of the amounts authorized to be appropriated to carry out 
chapter 4 of part II of the Foreign Assistance Act of 1961 
which are allocated for Commodity Import Programs--
          (1) not less than $50,000,000 for fiscal year 1986, 
        and
          (2) an aggregate of not less than $100,000,000 for 
        both fiscal years 1986 and 1987,
shall be deposited in the fund authorized by subsection (c)(2) 
of section 645 of the Trade and Development Enhancement Act of 
1983 (12 U.S.C. 635r) and shall be used by the Agency for 
International Development in carrying out the program of tied 
aid credits for United States exports which is provided for in 
that section. Funds that have not been obligated pursuant to 
the tied aid credit program by the end of the third quarter of 
the fiscal year for which they were appropriated may be used 
for other purposes under chapter 4 of part II of the Foreign 
Assistance Act of 1961 if the Administrator of the Agency for 
International Development certifies to the Congress that (A) no 
trade credit application acceptable and timely under the Trade 
and Development Enhancement Act of 1983 is pending, or (B) 
those funds are not needed for that program because other 
countries are not engaging in predatory financing practices in 
order to compete with United States exports.

SEC. 207. RESTRICTION ON USE OF FUNDS FOR NUCLEAR FACILITIES.

    Funds authorized to be appropriated to carry out chapter 4 
of part II of the Foreign Assistance Act of 1961 for fiscal 
year 1986 or fiscal year 1987 may not be used to finance the 
construction of, the operation or maintenance of, or the 
supplying of fuel for, any nuclear facility in a foreign 
country unless the President certifies to the Congress that 
such country is a party to the Treaty on the Non-Proliferation 
of Nuclear Weapons or the Treaty for the Prohibition of Nuclear 
Weapons in Latin America (the ``Treaty of Tlatelolco''), 
cooperates fully with the International Atomic Energy Agency, 
and pursues nonproliferation policies consistent with those of 
the United States.

SEC. 208. FISCAL YEAR 1985 SUPPLEMENTAL AUTHORIZATION.

    (a) Authorization.--In addition to the amount appropriated 
for such purpose by Public Law 98-473, there are authorized to 
be appropriated $2,008,000,000 for fiscal year 1985 to carry 
out the purposes of chapter 4 of part II of the Foreign 
Assistance Act of 1961. Of this amount, $1,500,000,000 shall be 
available only for Israel, $500,000,000 shall be available only 
for Egypt, and $8,000,000 shall be available only for the 
Middle East Regional Program. Amounts appropriated pursuant to 
this section are authorized to remain available until September 
30, 1986.
    (b) Effective Date.--This section shall take effect on the 
date of enactment of this Act.

                   TITLE III--DEVELOPMENT ASSISTANCE

        *        *        *        *        *        *        *        

SEC. 305. PROMOTION OF IMMUNIZATION AND ORAL REHYDRATION.

    (a) * * *
    (b) Annual Reports.--Each annual report required by section 
634 of the Foreign Assistance Act of 1961 shall describe the 
progress achieved during the preceding fiscal year in carrying 
out section 104(c)(3) of such Act.

        *        *        *        *        *        *        *        

SEC. 311.\14\ USE OF PRIVATE AND VOLUNTARY ORGANIZATIONS, COOPERATIVES, 
                    AND THE PRIVATE SECTOR.

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

-----------------------------------------------------------------------
    \14\ 22 U.S.C. 2151u note.
-----------------------------------------------------------------------

          (1) an analysis of the percentage of development 
        assistance allocated to governmental and 
        nongovernmental programs;
          (2) an analysis of structural impediments, within 
        both the United States and foreign governments, to 
        additional use of nongovernmental programs; and
          (3) an analysis of the comparative economic benefits 
        of governmental and nongovernmental programs.
    (b) Report.--The Administrator shall report the results of 
this study to the Congress no later than September 30, 1986.

        *        *        *        *        *        *        *        

SEC. 315. MINORITY SET-ASIDE.

    Except to the extent that the Administrator of the Agency 
for International Development determines otherwise, not less 
than 10 percent of the aggregate of the funds made available 
for each of the fiscal years 1986 and 1987 to carry out chapter 
1 of part I of the Foreign Assistance Act of 1961 shall be made 
available only for activities of economically and socially 
disadvantaged enterprises (within the meaning of section 
133(c)(5) of the International Development and Food Assistance 
Act of 1977), historically black colleges and universities, and 
private and voluntary organizations which are controlled by 
individuals who are black Americans, Hispanic Americans, or 
Native Americans, or who are economically and socially 
disadvantaged (within the meaning of section 133(c)(5) (B) and 
(C) of the International Development and Food Assistance Act of 
1977). For purposes of this section, economically and socially 
disadvantaged individuals shall be deemed to include women.

              TITLE IV--OTHER FOREIGN ASSISTANCE PROGRAMS

        *        *        *        *        *        *        *        

SEC. 402. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS AND 
                    PROGRAMS.

    (a) * * *
    (b) Fiscal Year 1985 Contribution to United Nations 
Environment Program.--Notwithstanding section 614 of the 
Foreign Assistance Act of 1961 or any other provision of law, 
$10,000,000 \15\ of the funds appropriated for the fiscal year 
1985 to carry out chapter 3 of part I of such Act shall be 
available only for the United Nations Environment Program. This 
subsection shall take effect on the date of enactment of this 
Act.

-----------------------------------------------------------------------
    \15\ Title I of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1294), made available $9,000,000.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

     TITLE V--INTERNATIONAL TERRORISM AND FOREIGN AIRPORT SECURITY

             Part A--International Terrorism Generally \16\

        *        *        *        *        *        *        *        

SEC. 502. COORDINATION OF ALL UNITED STATES TERRORISM-RELATED \17\ 
                    ASSISTANCE TO FOREIGN COUNTRIES.

    (a) Coordination.--The Secretary of State shall be 
responsible for coordinating all assistance related to 
international terrorism \17\ which is provided by the United 
States Government.

-----------------------------------------------------------------------
    \16\ Title II of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1300), appropriated $7,420,000 for anti-terrorism assistance for fiscal 
year 1986.
    Title II of the 1987 Act (Public Law 99-591; 100 Stat. 3341-223) 
provided the following:

                      ``anti-terrorism assistance

    ``For necessary expenses to carry out the provisions of chapter 8 
of part II, $9,840,000.''.
    In addition, Title I, chapter V of the Urgent Supplemental 
Appropriations Act, 1986 (Public Law 99-349; 100 Stat. 725), provided 
the following:

                         ``Department of State

            ``anti-terrorism assistance (transfers of funds)

    ``For an additional amount to carry out the provisions of chapter 8 
of part II of the Foreign Assistance Act of 1961, $2,739,000, to be 
derived by transfer from any of the funds appropriated or otherwise 
made available in titles I, II, III, and IV of the Foreign Assistance 
and Related Programs Appropriations Act, 1986 (as enacted in Public Law 
99-190).''.
    \17\ Sec. 503 of Public Law 99-399 (100 Stat. 871) inserted 
references to ``terrorism-related'' or ``related to international 
terrorism'' in lieu of references to ``anti-terrorism''.
-----------------------------------------------------------------------

    (b) Reports.--Not later than February 1 each year, the 
Secretary of State, in consultation with appropriate United 
States Government agencies, shall report to the appropriate 
committees of the Congress on the assistance related to 
international terrorism \17\ which was provided by the United 
States Government during the preceding fiscal year. Such 
reports may be provided on a classified basis to the extent 
necessary, and shall specify the amount and nature of the 
assistance provided.
    (c) \18\ Rule of Construction.--Nothing contained in this 
section shall be construed to limit or impair the authority or 
responsibility of any other Federal agency with respect to law 
enforcement, domestic security operations, or intelligence 
activities as defined in Executive Order 12333.\19\

-----------------------------------------------------------------------
    \18\ Subsection (c) was added by sec. 503 of Public Law 99-399 (100 
Stat. 871).
    \19\ For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. D.
-----------------------------------------------------------------------

SEC. 503.\20\ PROHIBITION ON ASSISTANCE TO COUNTRIES SUPPORTING 
                    INTERNATIONAL TERRORISM. * * *

-----------------------------------------------------------------------
    \20\ Sec. 503(a) amended sec. 620A of the FAA of 1961. Sec. 503(b) 
amended sec. 3(f) of the AECA.
-----------------------------------------------------------------------

SEC. 504. PROHIBITION ON IMPORTS FROM AND EXPORTS TO LIBYA.

    (a) Prohibition on Imports.--Notwithstanding any other 
provision of law, the President may prohibit any article grown, 
produced, extracted, or manufactured in Libya from being 
imported into the United States.
    (b) Prohibition on Exports.--Notwithstanding any other 
provision of law, the President may prohibit any goods or 
technology, including technical data or other information, 
subject to the jurisdiction of the United States or exported by 
any person subject to the jurisdiction of the United States, 
from being exported to Libya.
    (c) Definition.--For purposes of this section, the term 
``United States'', when used in a geographical sense, includes 
territories and possessions of the United States.

SEC. 505.\21\ BAN ON IMPORTING GOODS AND SERVICES FROM COUNTRIES 
                    SUPPORTING TERRORISM.

    (a) Authority.--The President may ban the importation into 
the United States of any good or service from any country which 
supports terrorism or terrorist organizations or harbors 
terrorist or terrorist organizations.

-----------------------------------------------------------------------
    \21\ 22 U.S.C. 2349aa-9.
-----------------------------------------------------------------------

    (b) Consultation.--The President, in every possible 
instance, shall consult with the Congress before exercising the 
authority granted by this section and shall consult regularly 
with the Congress so long as that authority is being exercised.
    (c) Reports.--Whenever the President exercises the 
authority granted by this section, he shall immediately 
transmit to the Congress a report specifying--
          (1) The country with respect to which the authority 
        is to be exercised and the imports to be prohibited;
          (2) the circumstances which necessitate the exercise 
        of such authority;
          (3) why the President believes those circumstances 
        justify the exercise of such authority; and
          (4) why the President believes the prohibitions are 
        necessary to deal with those circumstances.
At least once during each succeeding 6-month period after 
transmitting a report pursuant to this subsection, the 
President shall report to the Congress with respect to the 
actions taken, since the last such report, pursuant to this 
section and with respect to any changes which have occurred 
concerning any information previously furnished pursuant to 
this subsection.
    (d) Definition.--For purposes of this section, the term 
``United States'' includes territories and possessions of the 
United States.

SEC. 506. INTERNATIONAL ANTI-TERRORISM COMMITTEE.

    The Congress calls upon the President to seek the 
establishment of an international committee, to be known as the 
International Anti-Terrorism Committee, consisting of 
representatives of the member countries of the North Atlantic 
Treaty Organization, Japan, and such other countries as may be 
invited and may choose to participate. The purpose of the 
Committee should be to focus the attention and secure the 
cooperation of the governments and the public of the 
participating countries and of other countries on the problems 
and responses to international terrorism, by serving as a forum 
at both the political and law enforcement levels.

SEC. 507. INTERNATIONAL TERRORISM CONTROL TREATY.

    It is the sense of the Congress that the President should 
establish a process by which democratic and open societies of 
the world, which are those most plagued by terrorism, negotiate 
a viable treaty to effectively prevent and respond to terrorist 
attacks. Such a treaty should incorporate an operative 
definition of terrorism, and should establish effective close 
intelligence-sharing, joint counterterrorist training, and 
uniform laws on asylum, extradition, and swift punishment for 
perpetrators of terrorism. Parties to such a treaty should 
include, but not be limited to, those democratic nations who 
are most victimized by terrorism.

SEC. 508. STATE TERRORISM.

    It is sense of the Congress that all civilized nations 
should firmly condemn the increasing use of terrorism by 
certain states as an official instrument for promoting their 
policy goals, as evidenced by such examples as the brutal 
assassination of Major Arthur D. Nicholson, Junior, by a member 
of the Soviet armed forces.

                    Part B--Foreign Airport Security

SEC. 551. SECURITY STANDARDS FOR FOREIGN AIR TRANSPORTATION.

    (a) \22\ Security at Foreign Airports.--* * * [Repealed--
1994]

-----------------------------------------------------------------------
    \22\ Sec. 7(b) of Public Law 103-272 (108 Stat. 1379) repealed sec. 
551(a) and (b), which enacted an amendment to sec. 1115 of the Federal 
Aviation Act of 1958, and related amendments, concerning security 
standards in foreign air transportation, codified at 49 U.S.C. App. 
1515.
-----------------------------------------------------------------------

    (b) Conforming Amendments.--* * * [Repealed--1994]
    (c) Closing of Beirut International Airport.--It is the 
sense of the Congress that the President is urged and 
encouraged to take all appropriate steps to carry forward his 
announced policy of seeking the effective closing of the 
international airport in Beirut, Lebanon, at least until such 
time as the Government of Lebanon has instituted measures and 
procedures designed to prevent the use of that airport by 
aircraft hijackers and other terrorists in attacking civilian 
airlines or their passengers, hijacking their aircraft, or 
taking or holding their passengers hostage.

SEC. 552.\23\ * * * [Repealed--1994]

SEC. 553.\24\ * * * [Repealed--1994]

SEC. 554. ENFORCEMENT OF INTERNATIONAL CIVIL AVIATION ORGANIZATION 
                    STANDARDS.

    The Secretary of State and the Secretary of Transportation, 
jointly, shall call on the member countries of the 
International Civil Aviation Organization to enforce that 
Organization's existing standards and to support United States 
actions enforcing such standards.

-----------------------------------------------------------------------
    \23\ Formerly at 49 U.S.C. app. 1515a. Sec. 552, relating to travel 
advisories and suspension of foreign assistance, was repealed by sec. 
7(b) of Public Law 103-272 (108 Stat. 1379).
    \24\ Formerly at 49 U.S.C. app. 1356b. Sec. 553, relating to the 
United States airmarshal program, was repealed by sec. 7(b) of Public 
Law 103-272 (108 Stat. 1379).
-----------------------------------------------------------------------


SEC. 555. INTERNATIONAL CIVIL AVIATION BOYCOTT OF COUNTRIES SUPPORTING 
                    INTERNATIONAL TERRORISM.

    It is the sense of the Congress that the President--
          (1) should call for an international civil aviation 
        boycott with respect to those countries which the 
        President determines--
                  (A) grant sanctuary from prosecution to any 
                individual or group which has committed an act 
                of international terrorism, or
                  (B) otherwise support international 
                terrorism; and
          (2) should take steps, both bilateral and 
        multilateral, to achieve a total international civil 
        aviation boycott with respect to those countries.

SEC. 556.\25\ * * * [Repealed--1994]

-----------------------------------------------------------------------
    \25\ Formerly 49 U.S.C. app. 1515 note. Sec. 556, relating to 
multilateral and bilateral agreements with respect to aircraft 
sabotage, aircraft hijacking, and airport security, was repealed by 
sec. 7(b) of Public Law 103-272 (108 Stat. 1379).
-----------------------------------------------------------------------

SEC. 557. RESEARCH ON AIRPORT SECURITY TECHNIQUES FOR DETECTING 
                    EXPLOSIVES.

    In order to improve security at international airports, 
there are authorized to be appropriated to the Secretary of 
Transportation from the Airport and Airway Trust Fund (in 
addition to amounts otherwise available for such purpose) 
$5,000,000, without fiscal year limitation, to be used for 
research on and the development of airport security devices or 
techniques for detecting explosives.

SEC. 558. HIJACKING OF TWA FLIGHT 847 AND OTHER ACTS OF TERRORISM.

    The Congress joins with all Americans in celebrating the 
release of the hostages taken from Trans World Airlines flight 
847. It is the sense of the Congress that--
          (1) purser Uli Derickson, pilot John Testrake, co-
        pilot Philip Maresca, flight engineer Benjamin 
        Zimmermann, and the rest of the crew of Trans World 
        Airlines flight 847 displayed extraordinary valor and 
        heroism during the hostages' ordeal and therefore 
        should be commended;
          (2) the hijackers who murdered United States Navy 
        Petty Officer Stethem should be immediately brought to 
        justice;
          (3) all diplomatic means should continue to be 
        employed to obtain the release of the 7 United States 
        citizens previously kidnapped and still held in 
        Lebanon;
          (4) acts of international terrorism should be 
        universally condemned; and
          (5) the Secretary of State should be supported in his 
        efforts to gain international cooperation to prevent 
        future acts of terrorism.

SEC. 559. EFFECTIVE DATE.

    This part shall take effect on the date of enactment of 
this Act.

               TITLE VI--INTERNATIONAL NARCOTICS CONTROL

        *        *        *        *        *        *        *        

SEC. 607. PROCUREMENT OF WEAPONS TO DEFEND AIRCRAFT INVOLVED IN 
                    NARCOTICS CONTROL EFFORTS.

    Of the funds available to carry out chapter 2 of part II of 
the Foreign Assistance Act of 1961 (relating to grant military 
assistance), $1,000,000 for each of the fiscal years 1986 and 
1987 shall be made available to arm, for defensive purposes, 
aircraft used in narcotic control eradication or interdiction 
efforts. The Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate shall be notified of the use of any such funds for that 
purpose at least 15 days in advance in accordance with the 
reprogramming procedures applicable under section 634A of the 
Foreign Assistance Act of 1961.
          * * * * * * *

SEC. 610.\26\ ASSISTANCE FOR JAMAICA.

    In allocating assistance for Jamaica for fiscal year 1986 
under chapter 4 of part II of the Foreign Assistance Act of 
1961 (relating to the economic support fund), the President 
shall give major consideration to whether the Government of 
Jamaica has prepared, presented, and committed itself to a 
comprehensive plan or strategy for the control and reduction of 
illicit cultivation, production, processing, transportation, 
and distribution of marijuana within a specifically stated 
period of time.
        *        *        *        *        *        *        *        
---------------------------------------------------------
    \26\ Sec. 537 of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1308), provided in part:
    ``Of the funds made available by this Act for Jamaica and Peru, not 
more than 50 per centum of the funds made available for each country 
shall be obligated unless the President determines and reports to the 
Congress that the governments of these countries are sufficiently 
responsive to the United States Government concerns on drug control and 
that the added expenditures of the funds for that country are in the 
national interest of the United States: Provided, That this provision 
shall not be applicable to funds made available to carry out section 
481 of the Foreign Assistance Act of 1961.''.
    The 1987 version of the Act (Public Law 99-591; 100 Stat. 3341-232) 
contained identical text in sec. 536.
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SEC. 611.\27\ ASSISTANCE FOR BOLIVIA.

    Assistance may be provided to Bolivia for fiscal years 1986 
and 1987 under chapter 2 (relating to grant military 
assistance), chapter 4 (relating to the economic support fund), 
and chapter 5 (relating to international military education and 
training) of part II of the Foreign Assistance Act of 1961, and 
under chapter 2 of the Arms Export Control Act (relating to 
foreign military sales financing), only under the following 
conditions:

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    \27\ Sec. 537 of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1308), provided:
    ``That assistance may be provided to Bolivia for Fiscal Year 1986, 
under chapter 2 (relating to grant military assistance), chapter 4 
(relating to the economic support fund), and chapter 5 (relating to 
international military education and training) of part II of the 
Foreign Assistance Act of 1961, and under chapter 2 of the Arms Export 
Control Act (relating to foreign military sales financing), only under 
the following conditions:
    ``For Fiscal Year 1986--
    ``(A) up to 50 percent of the aggregate amount of such assistance 
allocated for Bolivia may be provided at any time after the President 
certifies to the Congress that the Government of Bolivia has enacted 
legislation that will establish its legal coca requirements, provide 
for the licensing of the number of hectares necessary to produce the 
legal requirement, and make unlicensed coca production illegal; and
    ``(B) the remaining amount of such assistance may be provided at 
any time following a certification pursuant to subparagraph (A) if the 
President certifies to the Congress that the Government of Bolivia 
achieved the eradication targets for the calendar year 1985 contained 
in its 1983 narcotics agreements with the United States.''.
    Sec. 535 of the 1987 Act (Public Law 99-591; 100 Stat. 3341-232) 
provided:
    ``* * * That assistance may be provided to Bolivia for fiscal year 
1987, under chapter 2 (relating to grant military assistance), chapter 
4 (relating to the economic support fund), and chapter 5 (relating to 
international military education and training) of part II of the 
Foreign Assistance Act of 1961, and under chapter 2 of the Arms Export 
Control Act (relating to foreign military sales financing), only in 
accordance with the provisions of section 611 of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83) as 
amended by section 2011 of H.R. 5484 as passed by the Senate on 
September 30, 1986.''.
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        *        *        *        *        *        *        *        

          (1) For fiscal year 1986--
                  (A) up to 50 percent of the aggregate amount 
                of such assistance allocated for Bolivia may be 
                provided at any time after the President 
                certifies to the Congress that the Government 
                of Bolivia has enacted legislation that will 
                establish its legal coca requirements, provide 
                for the licensing of the number of hectares 
                necessary to produce the legal requirement, and 
                make unlicensed coca production illegal; and
                  (B) the remaining amount of such assistance 
                may be provided at any time following a 
                certification pursuant to subparagraph (A) if 
                the President certifies to the Congress that 
                the Government of Bolivia has achieved the 
                eradication targets for the calendar year 1985 
                contained in its 1983 narcotics agreements with 
                the United States.
          (2) For fiscal year 1987, such assistance may not be 
        provided unless the President certifies to the Congress 
        that the Government of Bolivia has developed a plan to 
        eliminate illicit narcotics production countrywide and 
        is prepared to enter into an agreement with the United 
        States to implement that plan. If that certification is 
        made, then--
                  (A) \28\ up to 50 percent of the aggregate 
                amount of such assistance allocated for Bolivia 
                may be provided at any time after the President 
                certifies to the Congress that Bolivia has 
                engaged in narcotics interdiction operations 
                which have significantly disrupted the illicit 
                coca industry in Bolivia or has cooperated with 
                the United States in such operations; and

-----------------------------------------------------------------------
    \28\ Sec. 2012(b) of Public Law 99-570 (100 Stat. 3207) amended 
subpars. (A) and (B) of par. (2), which previously read as follows:
    ``(A) up to 50 percent of the aggregate amount of such assistance 
allocated for Bolivia may be provided at any time after the President 
certifies to the Congress that the Government of Bolivia has achieve at 
least half of the eradication target for the calendar year 1986 agreed 
to by the United States and the Government of Bolivia; and
    ``(B) the remaining amount of such assistance may be provided at 
any time the President certifies to the Congress that the Government of 
Bolivia fully achieved that eradication target.''.
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                  (B) \28\ the remaining amount of such 
                assistance may be provided at any time after 
                the President certifies to the Congress that 
                Bolivia has either met in calendar year 1986 
                the eradication targets for the calendar year 
                1985 contained in its 1983 narcotics agreements 
                with the United States or has entered into an 
                agreement of cooperation with the United States 
                for implementing that plan for 1987 and beyond 
                (including numerical eradication targets) and 
                is making substantial progress toward the 
                plan's objectives, including substantial 
                eradication of illicit coca crops and effective 
                use of United States assistance.
In the certification required by subparagraph (B), the 
President shall explain why the terms of the 1983 agreement 
provided unattainable and the reasons why a new agreement was 
necessary.

SEC. 612.\26\ ASSISTANCE TO PERU.

    (a) Conditions on Assistance.--United States assistance (as 
defined by section 481(i)(4) of the Foreign Assistance Act of 
1961) may be provided for Peru--
          (1) for fiscal year 1986, only if the President 
        reports to the Congress that the Government of Peru has 
        demonstrated substantial progress in developing a plan 
        that will establish its legal coca requirements, 
        license the number of hectares necessary to produce the 
        legal requirement, and eliminate illicit and unlicensed 
        coca production; and
          (2) for fiscal year 1987, only if the President 
        reports to the Congress that the Government of Peru has 
        developed such a plan and is implementing it.
    (b) Upper Huallaga Valley Project.--Funds authorized to be 
appropriated for fiscal year 1987 to carry out chapter 1 of 
part I of the Foreign Assistance Act of 1961 (relating to 
development assistance) may be made available for the project 
of the Agency for International Development in the Upper 
Huallaga Valley of Peru only if the Administrator of that 
Agency, after consultation with the Congress, determines that a 
comprehensive review of that project has been completed which 
establishes the effectiveness of that project in reducing and 
eradicating coca leaf production, distribution, and marketing 
in the Upper Huallaga Valley. The assistance for Peru described 
in this subsection may be provided only if the report required 
by subsection (a)(2) has been submitted to the Congress.

SEC. 613. REALLOCATION OF FUNDS IF CONDITIONS NOT MET.

    If any of the assistance described in section 611 is not 
provided for Bolivia because the conditions specified in that 
section are not met, or if any of the assistance described in 
section 612(a) is not provided for Peru because the conditions 
specified in that section are not met, the President shall 
reprogram such assistance in order to provide additional 
assistance to countries which have taken significant steps to 
halt illicit drug production or trafficking.

        *        *        *        *        *        *        *        

SEC. 615. LATIN AMERICAN REGIONAL NARCOTICS CONTROL ORGANIZATION.

    (a) Feasibility Study.--The Secretary of State, with the 
assistance of the National Drug Enforcement Policy Board, shall 
conduct a study of the feasibility of establishing a regional 
organization in Latin America which would combat narcotics 
production and trafficking through regional information-sharing 
and a regional enforcement unit.
    (b) Report.--No later than six months after the date of 
enactment of this Act, a report on the advisability of 
encouraging the establishment of such an organization shall be 
submitted to the Committee on Foreign Affairs and the Committee 
on the Judiciary of the House of Representatives and the 
Committee on Foreign Relations and the Committee on the 
Judiciary of the Senate.

SEC. 616. GREATER EFFORT BY UNITED STATES ARMED FORCES TO SUPPORT 
                    NARCOTICS CONTROL EFFORTS ABROAD.

    No later than 60 days after the date of enactment of this 
Act, the President shall report to the Congress on why the 
United States Armed Forces should not exert greater effort in 
facilitating and supporting interception of narcotics 
traffickers, and in gathering narcotics-related intelligence, 
outside the United States.

SEC. 617. CUBAN DRUG TRAFFICKING.

    (a) Findings.--The Congress finds that--
          (1) the subject of the flow, use, and control of 
        narcotic and psychotropic substances is a matter of 
        great international importance;
          (2) the problem of drug abuse and drug trafficking 
        continues to worsen throughout most parts of the world;
          (3) the concerns of the governments of many countries 
        have become manifest in several bilateral and 
        multilateral narcotics control projects;
          (4) United Nations agencies monitor and apply 
        controls on the flow and use of drugs and coordinate 
        multilateral efforts to control production, 
        trafficking, and abuse of drugs;
          (5) the United Nations Fund for Drug Abuse Control 
        funds narcotics projects throughout the world and has 
        been a vehicle since 1971 for multilateral 
        implementation of narcotics control and reduction 
        programs;
          (6) the International Narcotics Control Board is 
        charged with monitoring compliance with the Single 
        Convention on Narcotic Drugs, 1961, and the Convention 
        on Psychotropic Substances, and Cuba is a party to both 
        Conventions;
          (7) the United Nations Commission on Narcotic Drugs 
        is responsible for formulating policies, coordinating 
        activities, supervising the implementation of 
        international conventions, and making recommendations 
        to governments for international drug control;
          (8) the promotion of drug abuse and participation in 
        drug trafficking is universally considered egregious 
        criminal behavior wherever it occurs, whether it occurs 
        locally, nationally, or internationally;
          (9) a Federal grand jury of the United States has 
        indicted four prominent Cuban officials on charges of 
        conspiring to smuggle drugs into the United States;
          (10) United States Government officials have 
        testified at several congressional hearings that the 
        Government of Cuba is facilitating the flow of illicit 
        drugs into the United States in order to obtain hard 
        currency, support guerrilla/terrorist activities, and 
        undermine United States society; and
          (11) such alleged conduct on the part of the 
        Government of Cuba would be injurious to the world 
        community and counter to the general principle of 
        international law that no country has the right to use 
        or permit the use of its territory in such a manner as 
        to injure another country or persons therein.
    (b) Recommended Actions.--It is the sense of the Congress 
that the President should--
          (1) acting through the Permanent Representative of 
        the United States to the United Nations, take such 
        steps as may be necessary to place the question of the 
        involvement by the Government of Cuba in illicit drug 
        trafficking on the agenda of the United Nations;
          (2) acting through the Representative of the United 
        States to the Organization of American States, request 
        the Organization of American States to consider this 
        question as soon as possible; and
          (3) request other appropriate international 
        organizations and international forums to consider this 
        question.
    (c) Report.--The President shall report to the Congress on 
the actions taken pursuant to this section.
          * * * * * * *

SEC. 619.\29\ DRUG TRAFFICKING AND THE PROBLEM OF TOTAL CONFIDENTIALITY 
                    OF CERTAIN FOREIGN BANK ACCOUNTS.

    (a) Findings.--The Congress finds that--

-----------------------------------------------------------------------
    \29\ 22 U.S.C. 2291 note.
-----------------------------------------------------------------------

          (1) several banks in Latin America and the Caribbean 
        are used by narcotics traffickers as depositories for 
        money obtained in providing illicit drugs to the United 
        States and other countries of the region;
          (2) offshore banks which provide total 
        confidentiality provide a service which materially 
        assists the operations of illicit drug traffickers; and
          (3) cooperation in gaining access to the bank 
        accounts of such narcotics traffickers would materially 
        assist United States authorities in controlling the 
        activities of such traffickers.
    (b) Policy.--The Congress--
          (1) requests the President to negotiate treaties or 
        appropriate international agreements with all countries 
        providing confidential banking services (giving high 
        priority to countries in the Caribbean region) to 
        provide disclosure to the United States Government of 
        information contained in official records, and in 
        records of bank accounts, concerning persons under 
        investigation for violations of United States law, in 
        particular those regarding international drug 
        trafficking;
          (2) directs the President to include reports on the 
        results of such efforts in the annual International 
        Narcotics Control Strategy Report; and
          (3) reaffirms its intention to obtain maximum 
        cooperation on the part of all governments for the 
        purpose of halting international drug trafficking, and 
        constantly to evaluate the cooperation of those 
        governments receiving assistance from the United 
        States.

                     TITLE VII--WESTERN HEMISPHERE

        *        *        *        *        *        *        *        

SEC. 702.\30\ EL SALVADOR.

    (a) Support for El Salvador.--(1) The Congress finds that--

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    \30\ The Foreign Assistance and Related Programs Appropriations 
Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat. 3341-232), 
provided the following:
    ``Sec. 537. None of the funds available in this Act may be used to 
make available to El Salvador any helicopters or other aircraft, and 
licenses may not be issued under section 38 of the Arms Export Control 
Act for the export to El Salvador of any such aircraft, unless the 
Committee on Appropriations of the House of Representatives and the 
Committee on Appropriations of the Senate are notified at least fifteen 
days in advance in accordance with the procedures applicable to 
notifications.

        *        *        *        *        *        *        *        

    ``Sec. 545. Of the amounts made available by this Act for military 
assistance and financing for El Salvador under chapters 2 and 5 of part 
II of the Foreign Assistance Act of 1961 and under the Arms Export 
Control Act, $5,000,000 may not be expended until the President 
reports, following the conclusion of the Appeals process in the case of 
Captain Avila, to the Committees on Appropriations that the Government 
of El Salvador has (1) substantially concluded all investigative action 
with respect to those responsible for the January 1981 deaths of the 
two United States land reform consultants Michael Hammer and Mark 
Pearlman and the Salvadoran Land Reform Institute Director Jose Rodolfo 
Viera, and (2) pursued all legal avenues to bring to trial and obtain a 
verdict of those who ordered and carried out the January 1981 
murders.''.
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          (A) a free and democratic El Salvador is in the 
        security interest of the United States;
          (B) Jose Napoleon Duarte was elected President of El 
        Salvador in 1984 in the most democratic election held 
        in El Salvador in many years;
          (C) political violence in El Salvador has declined 
        dramatically under President Duarte's leadership;
          (D) President Duarte's policies of respect for human 
        rights, political pluralism, dialogue and 
        reconciliation with the Salvadoran guerrilla force, 
        legal and social reform and effective defense against 
        the violent overthrow of the Salvadoran government are 
        deserving of praise from all who believe in a 
        democratic form of government;
          (E) the March 31, 1985, legislation and municipal 
        elections were successfully carried out, with 64 
        percent of the electorate defying guerrilla attacks to 
        vote;
          (F) the victory of President Duarte's Christian 
        Democratic Party reaffirms the support for these 
        policies by his fellow citizens, the essential test of 
        any government or movement;
          (G) in spite of the state of siege technically in 
        effect due to the insurgent threat, observance of free 
        speech, free press, and free assembly are widely 
        enjoyed in El Salvador and permit public airing of 
        opposing political views;
          (H) President Duarte is firmly committed to judicial 
        reform and prosecution of cases involving ``death 
        squads'';
          (I) President Duarte's leadership and popular support 
        has notably weakened the popular support given the 
        guerrillas, as evidenced by the high levels of voter 
        participation in the free elections held in El Salvador 
        since 1982, the reduction in territory in which the 
        guerrillas can freely operate, their inability to mount 
        frontal military attacks, and their resort to economic 
        sabotage, ambushes, political assassination, and urban 
        terrorism with blatant disregard for basic human 
        rights; and
          (J) President Duarte has succeeded in reversing the 
        decline in his country's economy which, though still 
        weak, has better prospects than in recent years.
    (2) Therefore, it is the sense of the Congress that--
          (A) President Duarte is to be congratulated for his 
        outstanding leadership under difficult circumstances 
        and for his efforts to foster democratic government and 
        institutions in his country, and he is encouraged to 
        continue his efforts to promote political pluralism, 
        democratic institutions, and respect for human rights 
        in his country; and
          (B) the armed services of El Salvador are to be 
        congratulated for their improved performance and 
        professionalism in defending Salvadoran citizens and 
        their democratically elected government from attack by 
        armed insurgents, and especially for their role in 
        helping to protect and uphold the electoral process.
    (3) The Congress reaffirms the importance of continued 
support for democratic principles and institutions and respect 
for human rights by the various sectors of Salvadoran society, 
which is a major factor in United States support for El 
Salvador.
    (b) Objectives.--The Congress expects that--
          (1) the Government of El Salvador will be willing to 
        pursue a dialogue with the armed opposition forces and 
        their political representatives for the purposes of 
        achieving an equitable political settlement of the 
        conflict, including free and fair elections;
          (2) the elected civilian government will be in 
        control of the Salvadoran military and security forces, 
        and those forces will comply with applicable rules of 
        international law and with Presidential directives 
        pertaining to the protection of civilians during combat 
        operations, including Presidential directive C111-03-
        984 (relating to aerial fire support);
          (3) the Government of El Salvador will make 
        demonstrated progress, during the period covered by 
        each report pursuant to subsection (c), in ending the 
        activities of the death squads;
          (4) the Government of El Salvador will make 
        demonstrated progress, during the period covered by 
        each report pursuant to subsection (c), in establishing 
        an effective judicial system; and
          (5) the Government of El Salvador will make 
        demonstrated progress, during the period covered by 
        each report pursuant to subsection (c), in implementing 
        the land reform program.
    (c) Reports.--On October 1, 1985, April 1, 1986, October 1, 
1986, and April 1, 1987, the President shall report to the 
Speaker of the House of Representatives and the chairman of the 
Committee on Foreign Relations of the Senate on the extent to 
which the objectives described in subsection (b) are being met. 
With respect to the objective described in paragraph (4) of 
that subsection, each report shall discuss whether the 
commission proposed by the President of El Salvador to 
investigate human rights cases has been established, funded, 
and given sufficient investigative powers; whether the evidence 
that commission collects may be used in the Salvadoran judicial 
process; whether that commission has issued a comprehensive 
report with regard to its investigation of all Americans 
murdered in El Salvador; and whether those responsible for the 
Las Hojas massacre are being prosecuted.
    (d) Aircraft for Aerial Warfare.--(1) The authorities of 
part II of the Foreign Assistance Act of 1961 and the Arms 
Export Control Act may not be used to make available to El 
Salvador any helicopters or other aircraft, and licenses may 
not be issued under section 38 of the Arms Export Control Act 
for the export to El Salvador of any such aircraft, unless the 
Committee on Foreign Affairs of the House of Representatives 
and the Committee on Foreign Relations of the Senate are 
notified at least 15 days in advance in accordance with the 
procedures applicable to reprogramming notifications under 
section 634A of the Foreign Assistance Act of 1961.
    (2) Paragraph (1) shall take effect on the date of 
enactment of this Act and shall remain in effect until October 
1, 1987.
    (e) Special Account for Local Currencies.--(1) All local 
currencies, which are generated with the funds provided to El 
Salvador for balance-of-payments support for fiscal years 1986 
and 1987 under chapter 4 of part II of the Foreign Assistance 
Act of 1961 (relating to the economic support fund), shall be 
deposited in accordance with section 609 of that Act in a 
special account established by the Government of El Salvador.
    (2) Local currencies deposited pursuant to paragraph (1) 
shall be used for projects assisting agrarian reform and the 
agricultural sector (and particular emphasis shall be placed on 
projects for these purposes); judicial reform, employment 
generation; health, education, and other social services; 
infrastructure repair; and credits and other support for the 
private sector (principally for small and medium sized 
businesses).
    (3) For purposes of subsection--
          (A) the term ``agrarian reform'' means projects 
        assisting or enhancing the abilities of agencies, 
        cooperatives, and farms to implement land reform 
        decrees in El Salvador, notwithstanding section 620(g) 
        of the Foreign Assistance Act of 1961; and
          (B) the term ``judicial reform'' means projects 
        assisting or enhancing the abilities of agencies of the 
        Salvadoran Government to investigate and prosecute 
        politically motivated violence.
    (f) Development Assistance.--Of the amounts available to 
carry out chapter 1 of part I of the Foreign Assistance Act of 
1961, $79,600,000 for fiscal year 1986 and $79,600,000 for 
fiscal year 1987 shall be available only for El Salvador.
    (g) Suspension of Assistance if a Military Coup Occurs.--
All assistance authorized by this Act which is allocated for El 
Salvador shall be suspended if the elected President of that 
country is deposed by military coup or decree.

SEC. 703. ASSISTANCE FOR GUATEMALA.\31\

    (a) Conditions on Military Assistance and Sales.--For 
fiscal years 1986 and 1987, assistance may be provided for 
Guatemala under chapter 2 of part II of the Foreign Assistance 
Act of 1961 (relating to grant military assistance) and sales 
may be made and financing may be provided for Guatemala under 
the Arms Export Control Act (relating to foreign military 
sales) only if the President makes the following certifications 
to the Congress:

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    \31\ Title III of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1302), provided the following appropriation for fiscal year 1986 
(assuming certification requirements are met):
    ``* * * That not more than $553,900,000 of the funds made available 
under this paragraph shall be available at concessional rates of 
interest: Provided further, That all country and funding level changes 
in requested concessional financing allocations shall be submitted 
through the regular notification process of the Committee on 
Appropriations.''.
    Sec. 538 of the 1987 Act (Public Law 99-591; 100 Stat. 3341-232) 
provided the following:
    ``Funds provided in this Act for Guatemala may not be provided to 
the Government of Guatemala for use in its rural resettlement program, 
except through the regular notification procedures of the Committees on 
Appropriations.''.
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          (1) For fiscal year 1986, an elected civilian 
        government is in power in Guatemala and has submitted a 
        formal written request to the United States for the 
        assistance, sales, or financing to be provided.
          (2) For both fiscal years 1986 and 1987, the 
        Government of Guatemala made demonstrated progress 
        during the preceding year--
                  (A) in achieving control over its military 
                and security forces,
                  (B) toward eliminating kidnapings and 
                disappearances, forced recruitment into the 
                civil defense patrols, and other abuses by such 
                forces of internationally recognized human 
                rights, and
                  (C) in respecting the internationally 
                recognized human rights of its indigenous 
                Indian population.
    (b) Construction Equipment and Mobile Medical Facilities 
and Related Training.--If the conditions specified in 
subsection (a) are met, Guatemala may be provided with the 
following for fiscal years 1986 and 1987 (in addition to such 
other assistance, sales, or financing as may be provided for 
Guatemala):
          (1) Sales of construction equipment and mobile 
        medical facilities to assist in development programs 
        that will directly assist the poor in Guatemala.
          (2) Sales of training, to be provided outside of 
        Guatemala, which is related to the sales described in 
        paragraph (1).
          (3) A total for both fiscal years 1986 and 1987 of no 
        more than $10,000,000 in credits under the Arms Export 
        Control Act for sales described in paragraphs (1) and 
        (2).
Such sales and credits shall be provided only to enable the 
military forces of Guatemala to obtain equipment and training 
for civilian engineering and construction projects and mobile 
medical teams, which would not be used in the rural 
resettlement program.
    (c) Prohibition on Furnishing Weapons.--Funds authorized to 
be appropriated by title I of this Act may not be used for the 
procurement by Guatemala of any weapons or ammunition.
    (d) Suspension of Assistance if a Military Coup Occurs.--
All assistance authorized by this Act which is allocated for 
Guatemala shall be suspended if the elected civilian government 
of that country is deposed by military coup or decree.
    (e) Rural Resettlement Program.--Assistance provided for 
Guatemala for the fiscal year 1986 and fiscal year 1987 under 
chapter 1 of part I (relating to development assistance) or 
under chapter 4 of part II (relating to the economic support 
fund) of the Foreign Assistance Act of 1961--
          (1) may not be provided to the Government of 
        Guatemala for use in its rural resettlement program; 
        and
          (2) shall be provided through private and voluntary 
        organizations to the maximum extent possible.
    (f) Invitation for ICRC To Visit Guatemala.--The Congress 
calls upon the President to urge the Government of Guatemala to 
allow the International Committee of the Red Cross--
          (1) to conduct an unimpeded visit to Guatemala in 
        order to investigate humanitarian needs in that country 
        and to report on human rights abuses in that country; 
        and
          (2) to investigate the possibilities of its providing 
        humanitarian services in that country.
    (g) Relations Between Belize and Guatemala.--It is the 
sense of the Congress that the United States should use its 
good offices and influence to encourage the Government of 
Guatemala to recognize the independence of Belize and to enter 
into a mutual nonaggression treaty with Belize.
    (h) Human Rights Groups in Guatemala.--(1) The Congress 
finds that--
          (A) the Group for Mutual Support was formed in 1984 
        to protest the disappearances of Guatemalan civilians;
          (B) the Group for Mutual Support has carried out its 
        work in a peaceful, non-ideological manner, and is the 
        only indigenous human rights group operating in 
        Guatemala; and
          (C) two of the Group's six steering committee 
        members, Hector Gomez and Maria Rosario Godyo \32\ de 
        Cuevas, were recently killed.

-----------------------------------------------------------------------
    \32\ Should read ``Godoy''.
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    (2) It is the sense of the Congress that--
          (A) human rights groups in Guatemala, particularly 
        the Group for Mutual Support, should be allowed to 
        carry out their work against human rights abuses with 
        the full cooperation, protection, and support of the 
        Government of Guatemala; and
          (B) whether the Government of Guatemala allows human 
        rights groups, including the Group for Mutual Support, 
        to carry out their work should be taken into account by 
        the United States in determining whether there is human 
        rights progress in Guatemala.

SEC. 704. REFUGEES IN HONDURAS.

    Funds authorized to be appropriated by this Act and funds 
authorized to be appropriated for the ``Migration and Refugee 
Assistance'' account for fiscal years 1986 and 1987--
          (1) which are to be used for refugee assistance or 
        other assistance for Nicaraguan Indian refugees in 
        Honduras shall be channeled, to the maximum extent 
        possible, through the United Nations High Commissioner 
        for Refugees, the International Committee of the Red 
        Cross, the Intergovernmental Committee for Migration, 
        or other established and recognized international 
        refugee relief organizations; and
          (2) may not be used to facilitate the involuntary 
        repatriation of Salvadoran refugees who are in 
        Honduras.

SEC. 705. PROMOTING THE DEVELOPMENT OF THE HAITIAN PEOPLE AND PROVIDING 
                    FOR ORDERLY EMIGRATION FROM HAITI.\33\

    (a) Use of PVOs.--To the maximum extent practicable, 
assistance for Haiti under chapter 1 of part I (relating to 
development assistance) and under chapter 4 of part II 
(relating to the economic support fund) of the Foreign 
Assistance Act of 1961 should be provided through private and 
voluntary organizations.

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    \33\ Title I, chapter V of the Urgent Supplemental Appropriations 
Act, 1986 (Public Law 99-349; 100 Stat. 726), provided:

                         ``assistance for haiti

    ``Of the funds made available in title II of the Foreign Assistance 
and Related Programs Appropriations Act, 1986 (as enacted in Public Law 
99-190), subject to the notification process of the Committees on 
Appropriations, up to $21,700,000 shall be made available for 
assistance to Haiti. Of this amount, $1,700,000, or the equivalent 
amount in local currencies, may be transferred to the Inter-American 
Foundation for use by the Foundation for programs for Haiti. The 
assistance made available pursuant to this paragraph shall be used to 
promote the transition to democracy by means such as generating local 
currency for use for literacy projects, rural development, and job 
creation. The assistance provided for Haiti pursuant to this paragraph 
shall be in addition to the assistance previously allocated for Haiti.
    ``It is the sense of the Congress that the United States Government 
should cooperate with the Government of Haiti in recovering for the 
Haitian people the wealth that was illegally obtained by former 
president Jean-Claude Duvalier and his former government ministers and 
associates through diversions of funds and property, regardless of 
whether that wealth is located in the United States or abroad.
    ``Notwithstanding any limitations on assistance to Haiti contained 
in Public Law 98-473 or Public Law 99-83, funds in the amount of 
$750,000 previously appropriated for the purposes of chapter 2 of part 
II of the Foreign Assistance Act of 1961, as amended, may be made 
available for Haiti to carry out such purposes: Provided, That none of 
the funds made available pursuant to this paragraph may be made 
available for obligation unless the Appropriations Committees of both 
Houses of Congress are previously notified fifteen days in advance: 
Provided further, That the funds provided under this paragraph shall be 
made available only to provide nonlethal military assistance for 
Haiti.''.
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    (b) Conditions on Assistance.--Funds available for fiscal 
year 1986 and for fiscal year 1987 to carry out chapter 1 of 
part I (relating to development assistance), chapter 4 of part 
II (relating to the economic support fund), or chapter 5 of 
part II (relating to international military education and 
training) of the Foreign Assistance Act of 1961 may be 
obligated for Haiti only if the President determines that the 
Government of Haiti--
          (1) is continuing to cooperate with the United States 
        in halting illegal emigration to the United States from 
        Haiti;
          (2) is cooperating fully in implementing United 
        States development, food, and other economic assistance 
        programs in Haiti (including programs for prior fiscal 
        years); and
          (3) is making progress toward improving the human 
        rights situation in Haiti and progress toward 
        implementing political reforms which are essential to 
        the development of democracy in Haiti, such as progress 
        toward the establishment of political parties, free 
        elections, free labor unions, and freedom of the press.
    (c) Reports to the Congress.--Not later than one year after 
the date of the enactment of this Act and one year thereafter, 
the President shall report to the Congress on the extent to 
which the actions of the Government of Haiti are consistent 
with each paragraph of subsection (b).
    (d) Assistance in Halting Illegal Emigration From Haiti.--
Notwithstanding the limitations of section 660 of the Foreign 
Assistance Act of 1961 (relating to police training), funds 
made available under such Act may be used for programs with 
Haiti, which shall be consistent with prevailing United States 
refugee policies, to assist in halting significant illegal 
emigration from Haiti to the United States.
    (e) Limitation on MAP and FMS Financing.--Assistance may 
not be provided for Haiti for fiscal year 1986 or fiscal year 
1987 under chapter 2 of part II of the Foreign Assistance Act 
of 1961 (relating to grant military assistance) or under the 
Arms Export Control Act (relating to foreign military sales 
financing), except for necessary transportation, maintenance, 
communications, and related articles and services to enable the 
continuation of migrant and narcotics interdiction operations.
    (f) Literacy and Other Education Programs.--Of the amounts 
authorized to be appropriated to carry out chapter 1 of part I 
of the Foreign Assistance Act of 1961 (relating to development 
assistance) which are allocated for Haiti, $1,000,000 for 
fiscal year 1986 and $1,000,000 for fiscal year 1987 shall be 
available only for literacy and other education programs in 
Haiti.

SEC. 706. MILITARY ASSISTANCE FOR PARAGUAY.

    For the fiscal years 1986 and 1987, none of the funds 
authorized to be appropriated to carry out chapter 2 of part II 
of the Foreign Assistance Act of 1961 (relating to grant 
military assistance) or to carry out the Arms Export Control 
Act (relating to foreign military sales financing) may be used 
for assistance for Paraguay unless the President certifies to 
the Congress that the Government of Paraguay has ended the 
practice of torture and abuse of individuals held in detention 
by its military and security forces and has instituted 
procedures to ensure that those arrested promptly charged and 
brought to trial.

SEC. 707. ASSISTANCE FOR PERU.\34\

    (a) Human Rights Training in IMET Programs.--Respect for 
internationally recognized human rights shall be an important 
component of the training provided for Peru under chapter 5 of 
part II of the Foreign Assistance Act of 1961 for fiscal year 
1986 and for fiscal year 1987.

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    \34\ See sec. 612 of this Act.
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    (b) Strengthening the Peruvian Judicial System.--Of the 
amount authorized to be appropriated by this Act to carry out 
chapter 4 of part II of the Foreign Assistance Act of 1961 
(relating to the economic support fund), $1,000,000 for fiscal 
year 1986 and $1,000,000 for fiscal year 1987 shall be used to 
strengthen the judicial system in Peru under section 534 of the 
Foreign Assistance Act of 1961 (relating to administration of 
justice).

        *        *        *        *        *        *        *        

SEC. 709. COMPREHENSIVE REPORTS ON ASSISTANCE FOR LATIN AMERICA AND THE 
                    CARIBBEAN.

    (a) Requirement for Comprehensive Accounting of 
Assistance.--In the annual reports required by section 634 of 
the Foreign Assistance Act of 1961, the President shall provide 
to the Congress a full, complete, and detailed accounting of 
all assistance provided during the fiscal years 1986 and 1987 
for Latin America and the Caribbean under the Foreign 
Assistance Act of 1961 and the Arms Export Control Act.
    (b) Information To Be Included.--The report provided 
pursuant to subsection (a) shall include for each fiscal year, 
among other things, the following with respect to each 
authorization account:
          (1) The specific projects and other activities 
        carried out in each country.
          (2) The number of persons from each country who were 
        provided with training, and the types of training 
        provided.
          (3) The defense articles and defense services 
        provided for each country.
          (4) The types of goods and commodities provided to 
        each country for economic stabilization purposes under 
        chapter 4 of part II of the Foreign Assistance Act of 
        1961 (relating to the economic support fund), and a 
        copy of each agreement for the furnishing of any 
        assistance under that chapter.
          (5) The amounts of local currency generated by United 
        States assistance to each country, the uses of those 
        currencies, and the total amount of those currencies 
        still available for use as of the time of the report.
          (6) A report on any transfers or reprogrammings of 
        funds, and a description of how transferred or 
        reprogrammed funds modified the amounts requested for 
        each account.
          (7) A report on the funds which have been obligated 
        but remain unexpended for each country in each account.
          (8) An analysis of the amount of funds and programs 
        provided through nongovernmental as contrasted to 
        governmental channels.

SEC. 710. USE OF PRIVATE AND VOLUNTARY ORGANIZATIONS.

    To the maximum extent practicable, assistance under chapter 
1 of part I (relating to development assistance) and chapter 4 
of part II (relating to the economic support fund) of the 
Foreign Assistance Act of 1961 for countries in Latin America 
and the Caribbean should be provided through private and 
voluntary organizations which have a proven record of 
development assistance efforts overseas.

        *        *        *        *        *        *        *        

SEC. 713. USE OF EMPLOYEE STOCK OWNERSHIP PLANS IN DEVELOPMENT EFFORTS.

    (a) Findings.--The Congress declares that--
          (1) employee stock ownership plans in industrial, 
        farming, banking, and other enterprises in Central 
        America and the Caribbean can be an important component 
        in achieving United States goals in Central America and 
        the Caribbean; and
          (2) employee stock ownership plans should be used as 
        an instrument in financing growth and transfers of 
        equity in the region, in reorganizing state-owned 
        enterprises into viable employee-owned businesses, in 
        expanding political and economic pluralism, and in 
        strengthening democratic institutions in the region.
    (b) Plan for Expanded Use of ESOPs.--The President is urged 
to develop a plan for the expanded use of employee stock 
ownership plans in development efforts of the United States in 
Central America and the Caribbean, with an emphasis on policy 
and infra-structural changes needed to encourage voluntary 
employee stock ownership initiatives by multinational 
corporations and other private sector enterprises which have 
investments, are considering making new investments, or are 
interested in management contracts and joint ventures in the 
region.
    (c) Task Force.--To assist in this effort, there is 
established a Presidential Task Force on Project Economic 
Justice (hereafter in this section referred to as the ``Task 
Force''), which shall consist of individuals appointed by the 
President who are distinguished leaders of the private sector 
of the United States, including significant representation of 
union representatives of workers in successful companies with 
employee stock ownership plans and of nationally recognized 
experts in all phases of design, implementation, and operation 
of employee stock ownership plans. The President shall 
designate one of the members of the Task Force to serve as 
Chairman. The Chairman of the Task Force shall appoint a 
volunteer fund-raising committee, and all the expenses of the 
Task Force shall be paid without the use of public funds.
    (d) Report.--Not later than December 31, 1985, the Task 
Force shall prepare and transmit to the President and the 
Congress a report on the expanded use of employee stock 
ownership plans in the development efforts of the United States 
in Central America and the Caribbean, including specific 
recommendations on strategies for using employee stock 
ownership plans as a means of accelerating the rate of private 
sector capital formation in Central America and the Caribbean 
that is systematically linked to expanding ownership and 
profit-sharing opportunities for all employees.

SEC. 714. INTERNATIONAL ADVISORY COMMISSION FOR THE CARIBBEAN REGION.

    (a) Findings.--The Congress finds that--
          (1) many of the social, agricultural, educational, 
        and economic problems which confront nations in the 
        Caribbean Region result primarily from social and 
        economic injustice and inadequate economic and 
        agricultural development;
          (2) such problems are not addressed sufficiently by 
        current United States policies toward that region;
          (3) the development of the Caribbean Region is of 
        vital importance to the economic and strategic 
        interests of the United States and its allies; and
          (4) for purposes of defining development plans, 
        providing an international forum for Caribbean Region 
        development issues, and providing expert advice to 
        donor-aid countries, an international commission is 
        needed as the prime institution for promoting economic 
        cooperation and development in the Caribbean Region.
    (b) Invitations to Participate in Commission.--
          (1) Invitation to caribbean countries.--The President 
        may invite the countries which comprise the Caribbean 
        Region to participate with the United States in a 
        commission to be known as the International Advisory 
        Commission for the Caribbean Region (hereafter in this 
        section referred to as the ``Commission'').
          (2) Invitation to certain other countries.--The 
        President may also invite the Netherlands, the United 
        Kingdom, France, Canada, the Commonwealth of Puerto 
        Rico, and the Virgin Islands to participate in the 
        Commission.
    (c) Functions of Commission.--It is the sense of the 
Congress that the Commission should--
          (1) examine social, agricultural, educational, and 
        economic issues which affect the Caribbean Region; and
          (2) consult with leaders of the countries in the 
        Caribbean Region and with representatives from public 
        and private organizations involved in matters related 
        to the Caribbean Region in order to evaluate the 
        problems and needs of such countries.
    (d) Funding for Organizational Meeting of Commission.--Of 
the funds authorized to be appropriated to carry out section 
106 of the Foreign Assistance Act of 1961 (relating to 
development assistance for energy, private and voluntary 
organizations, and selected development activities), up to a 
total of $100,000 for fiscal years 1986 and 1987 may be made 
available to--
          (1) pay reasonable administrative expenses associated 
        with the organizational meeting of the Commission; and
          (2) pay reasonable travel and lodging expenses 
        incurred by commissioners from other participant 
        governments incident to their attendance at the 
        organizational meeting of the Commission.
    (e) Request to Congress Relating to United States 
Participation in the Commission.--The President should provide 
cost estimates and request authorization from the Congress in 
order to provide for the participation of the United States in 
the Commission (other than United States participation 
associated with the organizational meeting).
    (f) Appointment of United States Representative and 
Observers.--Upon the creation of the Commission--
          (1) the President should consider appointing one 
        individual as the United States representative to the 
        Commission;
          (2) the Speaker of the House of Representatives 
        should consider appointing two Members of the House, 
        one from each major political party, as observers at 
        the Commission; and
          (3) the majority leader of the Senate should consider 
        appointing two Members of the Senate, one from each 
        major political party, as observers at the Commission.

SEC. 715.\35\ * * *

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    \35\ Sec. 715 amended sec. 726 of the International Security and 
Development Cooperation Act, 1981.
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SEC. 716. RURAL ELECTRIFICATION.

    It is the sense of the Congress that funds appropriated for 
the fiscal years 1986 and 1987 under section 103(a)(2) of the 
Foreign Assistance Act of 1961 (relating to development 
assistance for agriculture, rural development, and nutrition) 
should be used for a comprehensive rural electrification 
program in Central America in order to establish conditions of 
stability and a foundation for economic development.

SEC. 717. FACILITATING INTERNATIONAL COMMERCE THROUGH MEXICO.

    (a) Finding.--Recognizing that increased levels of balanced 
international trade are an essential component in an economic 
development program for the region and that the United States 
has traditionally been the most important trading partner for 
each of the nations of Latin America, it is the sense of the 
Congress that current procedures and laws of the Government of 
Mexico, and practices of its officials, constitute a 
significant impediment to the transit of vehicles carrying the 
commodities of international trade through Mexican territory.
    (b) Negotiations and Cooperative Steps Concerning 
Transit.--As the Government of Mexico has played a valuable 
role in assisting and encouraging the economic and political 
development of the region, and in offering advice to the United 
States as to constructive policies this nation might pursue 
with respect to peace and prosperity in the area, the Secretary 
of State, acting independently or with representatives of other 
Latin America nations, shall initiate negotiations with the 
Government of Mexico aimed at eliminating or reducing those 
impediments to international trade. The agenda for such 
negotiations should include discussions to encourage the 
Government of Mexico to accede to existing international custom 
conventions on international in-transit shipments. Such actions 
are to be taken in concert with the institution by the United 
States, and the nations of the region where the transiting 
shipments originate, of appropriate and cooperative steps to 
make sealed-truck, no-inspection transit administratively 
acceptable to the Government of Mexico and other transited 
countries. Similar bilateral or multilateral negotiations by 
the Secretary of State with nations respecting the same 
international customs conventions is also encouraged.
    (c) Report.--The Secretary of State shall report the status 
of these negotiations to Congress by January 1, 1986.

SEC. 718. CONDEMNING HUMAN RIGHTS VIOLATIONS AND THE SUBVERSION OF 
                    OTHER GOVERNMENTS BY THE GOVERNMENT OF CUBA.

    (a) Condemnation of Certain Action by the Government of 
Cuba.--The Congress condemns--
          (1) the consistent pattern of gross violations of 
        internationally recognized human rights by the Cuban 
        Government, including--
                  (A) cruel, inhumane, and degrading treatment 
                and punishment of prisoners;
                  (B) the suppression of free speech, press, 
                and assembly; and
                  (C) restrictions on religious activity and 
                the freedom to emigrate; and
          (2) the provision by the Cuban government of material 
        aid and personnel support for the purposes of 
        subversion.
    (b) Call Upon the Government of Cuba.--The Congress calls 
upon the Government of Cuba to restore civil liberties and 
cease in the violation of human rights of the Cuban people and 
cease the subversion of other governments through material and 
personnel support.

SEC. 719. REPORTS ON FOREIGN DEBT IN LATIN AMERICA.

    (a) Findings.--The Congress finds that--
          (1) the foreign debt of Latin American countries has 
        soared from $27,000,000,000 in 1970 to over 
        $350,000,000,000 in 1983;
          (2) the foreign debt of Latin American countries is a 
        serious obstacle to their economic progress, threatens 
        their stability, and endangers the democratic processes 
        in those nations;
          (3) the economic and political futures of many of the 
        Latin American countries hang in the balance and depend 
        upon a successful resolution of the foreign debt 
        crisis; and
          (4) the confidence of the American people in the 
        United States system of banking is also involved in a 
        successful resolution of the foreign debt crisis.
    (b) Report.--Not later than January 1, 1986, the Secretary 
of State shall prepare and transmit to the Congress a report 
on--
          (1) the magnitude of the foreign debt crisis in the 
        Western Hemisphere;
          (2) the impact of the foreign debt crisis on the 
        economies of the countries of Latin America;
          (3) the degree to which the national security 
        interests of the United States are implicated in this 
        crisis;
          (4) the steps being taken and the policy being 
        pursued by the United States aimed at dealing with this 
        crisis;
          (5) the degree to which the foreign debt crisis 
        affects the system of banking in the United States; and
          (6) the steps being taken and the policy being 
        pursued by the United States Government aimed at 
        dealing with this crisis.

SEC. 720. ECONOMIC ASSISTANCE FOR URUGUAY.

    Of the amounts authorized to be appropriated to carry out 
chapter 4 of part II of the Foreign Assistance Act of 1961 
(relating to the economic support fund), $15,000,000 for fiscal 
year 1986 and $15,000,000 for fiscal year 1987 shall be 
available only for Uruguay.

SEC. 721. CANADIAN EXPORTS TO THE UNITED STATES.

    (a) Cattle and Hogs.--(1) The Congress finds that--
          (A) livestock prices have been in decline for some 
        time due to excessive supply partially caused by 
        dramatic increases in importation of live cattle and 
        hogs from Canada, which has increased by 1,000 percent 
        in the last decade in the case of hogs alone;
          (B) American livestock producers are suffering from 
        the same general economic crisis affecting all of 
        agriculture, and many will face liquidation or 
        foreclosure in the near future; and
          (C) the disparity between the United States and the 
        Canadian dollar amounts to 32 to 34 percent and results 
        in even further increases in Canadian hogs and cattle 
        being imported into the United States.
    (2) Therefore, it is the sense of the Congress that the 
President should direct appropriate officials of the executive 
branch, including the United States Trade Representative, the 
Secretary of Agriculture, and the Secretary of Commerce, to 
aggressively pursue discussions with the Canadian Government 
directed toward immediate reduction in the Canadian export of 
cattle and hogs to the United States.
    (b) Softwood Timber.--(1) The Congress finds that--
          (A) softwood timber prices have been in decline for 
        some time due to excessive supply partially caused by 
        dramatic increases in importation of processed softwood 
        timber from Canada, which has increased from 18 percent 
        of the United States market in the last two years to 35 
        to 40 percent today;
          (B) American timber producers are suffering from this 
        economic crisis, and the difficulty in acquiring timber 
        from the National Forest System; and
          (C) the disparity between the United States and the 
        Canadian dollar amounts to 32 to 34 percent and results 
        in even further increases in processed softwood timber 
        being imported into the United States.
    (2) Therefore, it is the sense of the Congress that the 
President should direct appropriate officials of the executive 
branch, including the United States Trade Representative, the 
Secretary of Agriculture, and the Secretary of Commerce, to 
aggressively pursue discussions with the Canadian Government 
directed toward immediate reduction in the Canadian export of 
softwood timber to the United States.

SEC. 722. NICARAGUA.

    (a) Settlement of the Conflict.--The Congress--
          (1) strongly supports national reconciliation in 
        Nicaragua and the creation of a framework for 
        negotiating a peaceful settlement to the Nicaraguan 
        conflict; and
          (2) finds that the United States should, in assisting 
        efforts to reach comprehensive and verifiable final 
        agreements based on the Contadora Document of 
        Objectives, encourage the Government of Nicaragua to 
        pursue a dialogue with the armed opposition forces and 
        their political representatives for the purposes of 
        achieving an equitable political settlement of the 
        conflict, including free and fair elections.
    (b) United States Concerns About Nicaraguan Foreign and 
Domestic Policies.--The Congress finds and declares the 
following:
          (1) Despite positive actions by the Congress 
        signaling support for negotiated solutions to conflicts 
        in Central America, there are disturbing trends in 
        Nicaragua's foreign and domestic policies, including--
                  (A) President Daniel Ortega's April 1985 trip 
                to the Soviet Union at a time when the Congress 
                signaled its strong disapproval of increasing 
                Nicaraguan-Soviet ties;
                  (B) the Sandinista government's close 
                military ties with Cuba, the Soviet Union, and 
                its Warsaw Pact allies; the disappointing and 
                insufficient reduction of the number of Cuban 
                advisors in Nicaragua by only 100 out of an 
                approximately 2,500; and the continuing 
                military buildup that Nicaragua's neighbors 
                consider threatening;
                  (C) the Sandinista government's curtailment 
                of individual liberties, political expression, 
                freedom of worship, and the independence of the 
                media;
                  (D) the subordination of military, judicial, 
                and internal security functions to the ruling 
                political party; and
                  (E) the Sandinista government's efforts to 
                export its influence and ideology.
          (2) If Nicaragua does not address the concerns 
        described in paragraph (1), the United States has 
        several options to address this challenge to peace and 
        stability in the region, including political, 
        diplomatic, and trade sanctions. In addition, the 
        United States--
                  (A) should through appropriate regional 
                organizations, such as the Organization of 
                American States, seek to maintain multilateral 
                pressure on Nicaragua to address these 
                concerns; and
                  (B) should, if called upon to do so, give 
                serious consideration to supporting any 
                sanctions adopted by such an organization.
          (3) In assessing whether or not progress is being 
        made in addressing these concerns, the Congress will 
        expect prompt and significant initiatives by the 
        Government of Nicaragua such as--
                  (A) the removal of foreign military advisors 
                from Nicaragua;
                  (B) the end to Sandinista support for 
                insurgencies in other countries in the region, 
                including the cessation of military supplies to 
                the rebel forces fighting the democratically 
                elected government in El Salvador;
                  (C) restoration of individual liberties, 
                political expression, freedom of worship, and 
                the independence of the media; and
                  (D) progress toward international 
                reconciliation and a pluralistic democratic 
                system, including steps to liberalize 
                institutions in order to allow the internal 
                opposition in Nicaragua to become a viable 
                partner in the Nicaraguan political process.
    (c) Resolution of the Conflict in Nicaragua.--
          (1) Basis for policy.--The Congress finds that--
                  (A) the people of Nicaragua are suffering the 
                horrors of a fierce armed conflict that is 
                causing grave hardships and loss of life, has 
                thrown the country into a serious political, 
                social, and economic upheaval, and is of 
                serious concern to the nations of the region 
                and to the United States;
                  (B) this conflict is fundamentally a 
                continuation of efforts of the Nicaraguan 
                people to attain a representative government at 
                peace with its neighbors, efforts which began 
                under the Somoza regime; and
                  (C) the United States recognized these noble 
                aspirations of the Nicaraguan people in the 
                June 23, 1979, resolution of the Seventeenth 
                Meeting of Consultation of Ministers of Foreign 
                Affairs of the Organization of American States, 
                which reads as follows:
``WHEREAS:
          ``The people of Nicaragua are suffering the horrors 
        of a fierce armed conflict that is causing grave 
        hardships and loss of life, and has thrown the country 
        into a serious political, social and economic upheaval;
          ``The inhumane conduct of the dictatorial regime 
        governing the country, as evidenced by the report of 
        the Inter-American Commission on Human Rights, is the 
        fundamental cause of the dramatic situation faced by 
        the Nicaraguan people; and
          ``The spirit of solidarity that guides Hemisphere 
        relations places an unavoidable obligation on the 
        American countries to exert every effort within their 
        power, to put an end to the bloodshed and to avoid the 
        prolongation of this conflict which is disrupting the 
        peace of the Hemisphere;
          ``THE SEVENTEENTH MEETING OF CONSULTATION OF 
        MINISTERS OF FOREIGN AFFAIRS,
``DECLARES:
          ``That the solution of the serious problem is 
        exclusively within the jurisdiction of the people of 
        Nicaragua.
           ``That in the view of the Seventeenth Meeting of 
        Consultation of Ministers of Foreign Affairs this 
        solution should be arrived at on the basis of the 
        following:
                  ``1. Immediate and definitive replacement of 
                the Somoza regime.
                  ``2. Installation in Nicaraguan territory of 
                a democratic government, the composition of 
                which should include the principal 
                representative groups which oppose the Somoza 
                regime and which reflects the free will of the 
                people of Nicaragua.
                  ``3. Guarantee of the respect for human 
                rights of all Nicaraguans without exception.
                  ``4. The holding of free elections as soon as 
                possible, that will lead to the establishment 
                of a truly democratic government that 
                guarantees peace, freedom, and justice.
``RESOLVES:
          ``1. To urge the member states to take steps that are 
        within their reach to facilitate an enduring and 
        peaceful solution of the Nicaraguan problem on the 
        bases set forth above, scrupulously respecting the 
        principle of nonintervention and abstaining from any 
        action that might be in conflict with the above bases 
        or be incompatible with a peaceful and enduring 
        solution to the problem.
          ``2. To commit their efforts to promote humanitarian 
        assistance to the people of Nicaragua and to contribute 
        to the social and economic recovery of the country.
          ``3. To keep the Seventeenth Meeting of Consultation 
        of Ministers of Foreign Affairs open while the present 
        situation continues.''.
          (2) The government of nicaragua.--The Congress 
        further finds that--
                  (A) the Government of National Reconstruction 
                of Nicaragua formally accepted the June 23, 
                1979, resolution as a basis for resolving the 
                Nicaraguan conflict in its ``Plan to Achieve 
                Peace'' which was submitted to the Organization 
                of American States on July 12, 1979;
                  (B) the June 23 1979, resolution and its 
                acceptance by the Government of National 
                Reconstruction of Nicaragua was the formal 
                basis for the removal of the Somoza regime and 
                the installation of the Government of National 
                Reconstruction;
                  (C) the Government of National 
                Reconstruction, now known as the Government of 
                Nicaragua and controlled by the Frente 
                Sandinista (the FSLN), has flagrantly violated 
                the provisions of the June 23, 1979, 
                resolution, the rights of the Nicaraguan 
                people, and the security of the nations in the 
                region, in that it--
                          (i) no longer includes the democratic 
                        members of the Government of National 
                        Reconstruction in the political 
                        process;
                          (ii) is not a government freely 
                        elected under conditions of freedom of 
                        the press, assembly, and organization, 
                        and is not recognized as freely elected 
                        by its neighbors, Costa Rica, Honduras, 
                        and El Salvador;
                          (iii) has taken significant steps 
                        towards establishing a totalitarian 
                        Communist dictatorship, including the 
                        formation of FSLN neighborhood watch 
                        committees and the enactment of laws 
                        that violate human rights and grant 
                        undue executive power;
                          (iv) has committed atrocities against 
                        its citizens as documented in reports 
                        by the Inter-American Commission on 
                        Human Rights of the Organization of 
                        American States;
                          (v) has aligned itself with the 
                        Soviet Union and Soviet allies, 
                        including the German Democratic 
                        Republic, Bulgaria, Libya, and the 
                        Palestine Liberation Organization;
                          (vi) has committed and refuses to 
                        cease aggression in the form of armed 
                        subversion against its neighbors in 
                        violation of the Charter of the United 
                        Nations, the Charter of the 
                        Organization of American States, the 
                        Inter-American Treaty of Reciprocal 
                        Assistance, and the 1965 United Nations 
                        General Assembly Declaration on 
                        Intervention; and
                          (vii) has built up an army beyond the 
                        needs of immediate self-defense, at the 
                        expense of the needs of the Nicaraguan 
                        people and about which the nations of 
                        the region have expressed deepest 
                        concern.
          (3) The nicaraguan democratic opposition.--The 
        Congress further finds that--
                  (A) as a result of these violations, the 
                Government of Nicaragua has lost the support of 
                virtually all independent sectors of Nicaraguan 
                society who initially supported the removal of 
                the Somoza regime (including democratic 
                political parties of the left, center, and 
                right; the leadership of the Church; free 
                unions; and the business, farmer, and 
                professional sectors) and who still seek 
                democracy, reject the rule of the Frente 
                Sandinista, and seek the free elections 
                promised in 1979;
                  (B) the Nicaraguan political opposition has 
                joined with the armed opposition groups in 
                issuing the San Jose Manifesto of March 1, 
                1985, calling for a national dialogue under 
                mediation by the Nicaraguan Bishops Conference 
                to peacefully attain the fulfillment of the 
                Government of Nicaragua's commitments to the 
                Organization of American States, including 
                ``the democratization of Nicaragua, conscious 
                that democracy is the only means to carry out 
                an authentic revolution and secure our national 
                identity and sovereignty'';
                  (C) on June 12, 1985, in San Salvador, El 
                Salvador, the political and armed opposition 
                groups representing the entire democratic 
                political spectrum of Nicaragua formed the 
                United Nicaraguan Opposition and affirmed their 
                ``historical commitment to achieve for 
                Nicaragua the reconciliation of her children, 
                to establish the foundation for democracy and 
                the moral and material reconstruction of the 
                nation''; and
                  (D) the United Nicaraguan Opposition further 
                declared its intention to ``give priority at 
                all times to a political solution which will 
                ease the suffering of our people''.
          (4) Concerns in the region and united states 
        responsibilities.--The Congress further finds that--
                  (A) Nicaragua's neighbors, Costa Rica, El 
                Salvador, and Honduras, have expressed, 
                individually and through the Contadora process, 
                their belief that their peace and freedom is 
                not safe so long as the Government of Nicaragua 
                excludes from power most of Nicaragua's 
                political leadership and is controlled by a 
                small sectarian party, without regard to the 
                will of the majority of Nicaraguans; and
                  (B) the United States, given its role in the 
                installation of the current Government of 
                Nicaragua, has a special responsibility 
                regarding the implementation of the commitments 
                made by that Government in 1979, especially to 
                those who fought against Somoza to bring 
                democracy to Nicaragua with United States 
                support.
          (5) Resolution of the conflict.--The Congress--
                  (A) condemns the Government of Nicaragua for 
                violating its solemn commitments to the 
                Nicaraguan people, the United States, and the 
                Organization of American States;
                  (B) affirms that the Government of Nicaragua 
                will be regarded as having achieved political 
                legitimacy when it fulfills its 1979 commitment 
                to the Organization of American States to 
                implement genuinely democratic elections, under 
                the supervision of the Organization of American 
                States, in which all elements of the Nicaraguan 
                resistance can peacefully participate under 
                conditions recognized as necessary for free 
                elections by international bodies;
                  (C) urges the Government of Nicaragua to 
                enter a national dialogue, as proposed by the 
                Nicaraguan democratic resistance in San Jose, 
                Costa Rica, on March 1, 1985, under mediation 
                by the Nicaraguan Bishops Conference in order 
                to peacefully resolve the current crisis 
                through internationally recognized elections in 
                which all elements of Nicaraguan society can 
                freely participate;
                  (D) supports the Nicaraguan democratic 
                resistance in its efforts to peacefully resolve 
                the Nicaraguan conflict and to achieve the 
                fulfillment of the Government of Nicaragua's 
                solemn commitments to the Nicaraguan people, 
                the United States, and the Organization of 
                American States;
                  (E) supports efforts by the Contadora 
                nations, the Organization of American States, 
                and other appropriate regional organizations to 
                maintain multilateral pressure on Nicaragua to 
                fulfill its commitments; and
                  (F) requests that the Secretary of State 
                transmit the text of this subsection to the 
                Foreign Ministers of the member states of the 
                Organization of American States.
    (d) Prohibition Relating to Military or Paramilitary 
Operations in Nicaragua.--Notwithstanding any other provision 
of law, no funds authorized to be appropriated or otherwise 
made available by this Act (except the funds authorized to be 
appropriated in this section), by the Foreign Assistance Act of 
1961, or by the Arms Export Control Act shall be used to 
provide assistance of any kind, either directly or indirectly, 
to any person or group engaging in an insurgency or other act 
of rebellion against the Government of Nicaragua. The United 
States shall not enter into any arrangement conditioning, 
expressly or impliedly, the provision of assistance under this 
Act or the purchase of defense articles and services under the 
Arms Export Control Act upon the provision of assistance by a 
recipient to persons or groups engaging in an insurgency or 
other act of rebellion against the Government of Nicaragua.
    (e) Limitation on Use of Funds Against Nicaragua.--None of 
the funds authorized to be appropriated in this or any other 
Act can be used to fund directly, or indirectly, activities 
against the Government of Nicaragua which have not been 
authorized by, or pursuant to, law and which would place the 
United States in violation of our obligations under the Charter 
of the Organization of American States, to which the United 
States is a signatory, or under international law as defined by 
treaty commitments agreed to, and ratified by, the Government 
of the United States.
    (f) Food Aid to the Nicaraguan People.--In cooperation with 
Cardinal Miguel Obando y Bravo and private and voluntary 
organizations, the President should explore and promote means 
for providing food aid to the Nicaraguan people through private 
and voluntary organizations and the Catholic Church.
    (g) Humanitarian Assistance for Nicaraguan Democratic 
Resistance.--(1) Effective upon the date of enactment of this 
Act, there are authorized to be appropriated $27,000,000 for 
humanitarian assistance to the Nicaraguan democratic 
resistance. Such assistance shall be provided to such 
department or agency of the United States as the President 
shall designate, except the Central Intelligence Agency or the 
Department of Defense.
    (2) The assistance authorized by this subsection is 
authorized to remain available for obligation until March 31, 
1986.
    (3) One-third of the assistance authorized by this 
subsection shall be available for obligation at any time after 
the appropriation of funds pursuant to such authorization, an 
additional one-third shall be available for obligation upon 
submission of the first report required by subsection (j), and 
the remaining one-third shall be available for obligation upon 
submission of the second such report.
    (4) The President shall establish appropriate procedures to 
ensure that any humanitarian assistance provided by the United 
States Government to the Nicaraguan democratic resistance is 
used only for the intended purpose and is not diverted (through 
barter, exchange, or any other means) for acquisition of 
weapons systems, ammunition, or other equipment, vehicle, or 
material which can be used to inflict serious bodily harm or 
death.
    (5) As used in this subsection, the term ``humanitarian 
assistance'' means the provision of food, clothing, medicine, 
and other humanitarian assistance, and it does not include the 
provision of weapons, weapons systems, ammunition, or other 
equipment, vehicles, or material which can be used to inflict 
serious bodily harm or death.
    (h) Assistance for Implementation of a Contadora 
Agreement.--Effective upon the date of enactment of this Act, 
there are authorized to be appropriated $2,000,000, which are 
authorized to remain available until expended, for payment by 
the Secretary of State for the expenses arising from 
implementation by the Contadora nations (Mexico, Panama, 
Colombia, and Venezuela) of an agreement among the countries of 
Central America based on the Contadora Document of Objectives 
of September 9, 1983, including peacekeeping, verification, and 
monitoring systems.
    (i) Policies With Respect to Nicaragua.--The President is 
hereby urged and requested--
          (1) to pursue vigorously the use of diplomatic and 
        economic measures to resolve the conflict in Nicaragua, 
        including simultaneous negotiations--
                  (A) to implement the Contadora Document of 
                Objectives of September 8, 1983; and
                  (B) to develop, in close consultation and 
                cooperation with other nations, trade and 
                economic measures to complement such policies 
                of the United States and to encourage the 
                Government of Nicaragua to take the necessary 
                steps to resolve the conflict;
          (2) to suspend the economic sanctions imposed by the 
        President on May 1, 1985, and the United States 
        military maneuvers in Honduras and off the coast of 
        Nicaragua, if the Government of Nicaragua agrees--
                  (A) to a cease fire,
                  (B) to open a dialogue with all elements of 
                the opposition, including the Nicaraguan 
                democratic resistance, and
                  (C) to suspend the state of emergency in 
                Nicaragua;
          (3) to call upon the Nicaraguan democratic resistance 
        to remove from their ranks any individuals who have 
        engaged in human rights abuses; and
          (4) to resume bilateral discussions with the 
        Government of Nicaragua with a view to encouraging--
                  (A) a church-mediated dialogue between the 
                Government of Nicaragua and all elements of the 
                opposition, including the Nicaraguan democratic 
                resistance, in support of internal 
                reconciliation as called for by the Contadora 
                Document of Objectives; and
                  (B) a comprehensive, verifiable agreement 
                among the nations of Central America, based on 
                the Contadora Document of Objectives.
    (j) Reports.--The President shall submit a report to the 
Congress 90 days after the date of enactment of this Act, and 
every 90 days thereafter, on any actions taken to carry out 
subsections (g) and (h). Each such report shall include--
          (1) a detailed statement of any progress made in 
        reaching a negotiated settlement referred to in 
        subsection (i)(1), including the willingness of the 
        Nicaraguan democratic resistance and the Government of 
        Nicaragua to negotiate a settlement;
          (2) a detailed accounting of the disbursements made 
        to provide humanitarian assistance with the funds 
        provided pursuant to subsection (g); and
          (3) a discussion of the alleged human rights 
        violations by the Nicaraguan democratic resistance and 
        the Government of Nicaragua, including a statement of 
        the steps taken by the Nicaraguan democratic resistance 
        to comply with the request referred to in subsection 
        (i)(3).
    (k) Submission of Request for Additional Assistance for the 
Central America Peace Process.--If the President determines at 
any time after the enactment of this Act that--
          (1) negotiations based on the Contadora Document of 
        Objectives of September 9, 1983, have produced an 
        agreement, or show promise of producing an agreement, 
        or
          (2) other trade and economic measures will assist in 
        a resolution of the conflict, or to stabilization in 
        the region,
the President may submit to the Congress a request for budget 
and other authority to provide additional assistance for the 
furtherance of the Central America peace process.
    (l) Statement To Be Included.--The President's request 
pursuant to subsection (k) shall include a detailed statement 
as to progress made to resolve the conflict in the region.
    (m) Consultation With the Congress.--In formulating a 
request pursuant to subsection (k), the President shall consult 
with the Congress.
    (n) House Procedures.--(1) The provisions of this 
subsection apply, during the 99th Congress, to the 
consideration in the House of Representatives of a joint 
resolution with respect to the request submitted by the 
President pursuant to subsection (k).
    (2) For purposes of this subsection, the term ``joint 
resolution'' means only a joint resolution introduced within 3 
legislative days after the Congress receives the request 
submitted by the President pursuant to subsection (k)--
          (A) the matter after the resolving clause of which is 
        as follows: ``That the Congress hereby approves the 
        additional authority and assistance for the Central 
        America peace process that the President requested 
        pursuant to the International Security and Development 
        Cooperation Act of 1985, notwithstanding section 10 of 
        Public Law 91672.'';
          (B) which does not have a preamble; and
          (C) the title of which is as follows: ``Joint 
        Resolution relating to Central America pursuant to the 
        International Security and Development Cooperation Act 
        of 1985.''.
    (3) A joint resolution shall, upon introduction, be 
referred to the appropriate committee or committees of the 
House of Representatives.
    (4) If all the committees of the House to which a joint 
resolution has been referred have not reported the same joint 
resolution by the end of 15 legislative days after the first 
joint resolution was introduced, any committee which has not 
reported the first joint resolution introduced shall be 
discharged from further consideration of that joint resolution 
and that joint resolution shall be placed on the appropriate 
calendar of the House.
    (5)(A) At any time after the first joint resolution placed 
on the appropriate calendar has been on that calendar for a 
period of 5 legislative days, it is in order for any Member of 
the House (after consultation with the Speaker as to the most 
appropriate time for the consideration of that joint 
resolution) to move that the House resolve itself into the 
Committee of the Whole House on the State of the Union for the 
consideration of that joint resolution. The motion is highly 
privileged and is in order even though a previous motion to the 
same effect has been disagreed to. All points of order against 
the joint resolution under clauses 2 and 6 of Rule XXI of the 
Rules of the House are waived. If the motion is agreed to, the 
resolution shall remain the unfinished business of the House 
until disposed of. A motion to reconsider the vote by which the 
motion is disagreed to shall not be in order.
    (B) Debate on the joint resolution shall not exceed ten 
hours, which shall be divided equally between a Member favoring 
and a Member opposing the joint resolution. A motion to limit 
debate is in order at any time in the House or in the Committee 
of the Whole and is not debatable.
    (C) An amendment to the joint resolution is not in order.
    (D) At the conclusion of the debate on the joint 
resolution, the Committee of the Whole shall rise and report 
the joint resolution back to the House, and the previous 
question shall be considered as ordered on the joint resolution 
to final passage without intervening motion.
    (6) As used in this subsection, the term ``legislative 
day'' means a day on which the House is in session.
    (o) Senate Procedures.--A joint resolution which is 
introduced in the Senate within 3 calendar days after the day 
on which the Congress receives a Presidential request described 
in subsection (k) and which, if enacted, would grant the 
President the authority to take any or all of the actions 
described in subsection (k) shall be considered in accordance 
with procedures contained in paragraphs (3) through (7) of 
section 8066(c) of the Department of Defense Appropriations 
Act, 1985 (as contained in Public Law 98-473), except that--
          (1) references in such paragraphs to the Committees 
        on Appropriations of the Senate shall be deemed to be 
        references to the appropriate committee or committees 
        of the Senate; and
          (2) amendments to the joint resolution are in order.
    (p) \36\ * * * [Repealed--1987]

-----------------------------------------------------------------------
    \36\ Subsec. (p) was repealed by sec. 111(m)(1) of the Continuing 
Appropriations Act, 1988 (Public Law 100-202; 101 Stat. 1329-441). It 
formerly read as follows:
    ``Submission of Request for Additional Assistance for Nicaraguan 
Democratic Resistance.--If the President determines at any time after 
the enactment of this Act that--
        ``(1) negotiations based on the Contadora Document of 
        Objectives of September 9, 1983, have failed to produce an 
        agreement, or
        ``(2) other trade and economic measures have failed to resolve 
        the conflict
the President may submit to the Congress a request for budget and other 
authority to provide additional assistance for the Nicaraguan 
democratic resistance.''.
-----------------------------------------------------------------------

    (q) Statement To Be Included.--The President's request 
pursuant to subsection (p) shall include a detailed statement 
as to why the negotiations or other measures have failed to 
resolve the conflict in the region.
    (r) Consultation With the Congress.--In formulating a 
request pursuant to subsection (p), the President shall consult 
with the Congress.
    (s) \37\ * * * [Repealed--1987]

-----------------------------------------------------------------------
    \37\ Subsec. (s) was repealed by sec. 111(m)(1) of the Continuing 
Appropriations Act, 1988 (Public Law 100-202; 101 Stat. 1329-441). It 
formerly read as follows:
    ``House Procedures.--(1) The provisions of this subsection apply, 
during the 99th Congress, to the consideration in the House of 
Representatives of a joint resolution with respect to the request 
submitted by the President pursuant to subsection (p).
    ``(2) For purposes of this subsection, the term `joint resolution' 
means only a joint resolution introduced within 3 legislative days 
after the Congress receives the request submitted by the President 
pursuant to subsection (p)--
    ``(A) the matter after the resolving clause of which is as follows: 
`That the Congress hereby approves the additional authority and 
assistance for the Nicaraguan democratic resistance that the President 
requested pursuant to the International Security and Development 
Cooperation Act of 1985, notwithstanding section 10 of Public Law 
91672.';
    ``(B) which does not have a preamble; and
    ``(C) the title of which is as follows: `Joint Resolution relating 
to Central America pursuant to the International Security and 
Development Cooperation Act of 1985.'.
    ``(3) A joint resolution shall, upon introduction, be referred to 
the appropriate committee or committees of the House of 
Representatives.
    ``(4) If all the committees of the House to which a joint 
resolution has been referred have not reported the same joint 
resolution by the end of 15 legislative days after the first joint 
resolution was introduced, any committee which has not reported the 
first joint resolution introduced shall be discharged from further 
consideration of that joint resolution and that joint resolution shall 
be placed on the appropriate calendar of the House.
    ``(5)(A) At any time after the first joint resolution placed on the 
appropriate calendar has been on that calendar for a period of 5 
legislative days, it is in order for any Member of the House (after 
consultation with the Speaker as to the most appropriate time for the 
consideration of that joint resolution) to move that the House resolve 
itself into the Committee of the Whole House on the State of the Union 
for the consideration of that joint resolution. The motion is highly 
privileged and is in order even though a previous motion to the same 
effect has been disagreed to. All points or order against the joint 
resolution under clauses 2 and 6 of Rule XXI of the Rules of the House 
are waived. If the motion is agreed to, the resolution shall remain the 
unfinished business of the House until disposed of. A motion to 
reconsider the vote by which the motion is disagreed to shall not be in 
order.
    ``(B) Debate on the joint resolution shall not exceed ten hours, 
which shall be divided equally between a Member favoring and a Member 
opposing the joint resolution. A motion to limit debate is in order at 
any time in the House or in the Committee of the Whole and is not 
debatable.
    ``(C) An amendment to the joint resolution is not in order.
    ``(D) At the conclusion of the debate on the joint resolution, the 
Committee of the Whole shall rise and report the joint resolution back 
to the House, and the previous question shall be considered as ordered 
on the joint resolution to final passage without intervening motion.
    ``(6) As used in this subsection, the term `legislative day' means 
a day on which the House is in session.''.
-----------------------------------------------------------------------

    (t) \38\ * * * [Repealed--1987]

-----------------------------------------------------------------------
    \38\ Subsec. (t) was repealed by sec. 111(m)(1) of the Continuing 
Appropriations Act, 1988 (Public Law 100-202). It formerly read as 
follows:
    ``Senate Procedures.--A joint resolution which is introduced in the 
Senate within 3 calendar days after the day on which the Congress 
receives a Presidential request described in subsection (p) and which, 
if enacted, would grant the President the authority to take any or all 
of the actions described in subsection (p) shall be considered in 
accordance with procedures contained in paragraphs (3) through (7) of 
section 8066(c) of the Department of Defense Appropriations Act, 1985 
(as contained in Public Law 98-473), except that--
    ``(1) references in such paragraphs to the Committees on 
Appropriations of the Senate shall be deemed to be references to the 
appropriate committee or committees of the Senate; and
    ``(2) amendments to the joint resolution are in order.''.
-----------------------------------------------------------------------

    (u) Congressional Rulemaking Powers.--Subsections (n), (o), 
(s), and (t) are enacted--
          (1) as exercises of the rulemaking powers of the 
        House of Representatives and Senate, and as such they 
        are deemed a part of the Rules of the House and the 
        Rules of the Senate, respectively, but applicable only 
        with respect to the procedure to be followed in the 
        House and the Senate in the case of joint resolutions 
        under this section, and they supersede other rules only 
        to the extent that they are inconsistent with such 
        rules; and
          (2) with full recognition of the constitutional right 
        of the House and the Senate to change their rules at 
        any time, in the same manner, and to the same extent as 
        in the case of any other rule in the House or Senate, 
        and of the right of the Committee on Rules of the House 
        of Representatives to report a resolution for the 
        consideration of any measure.

                           TITLE VIII--AFRICA

SEC. 801. BALANCE-OF-PAYMENTS SUPPORT FOR COUNTRIES IN AFRICA.

    (a) ESF Commodity Import and Sector Programs.--Agreements 
with countries in Africa which provide for the use of funds 
made available to carry out chapter 4 of part II of the Foreign 
Assistance Act of 1961 for the fiscal years 1986 and 1987 to 
finance imports by those countries (under commodity import 
programs or sector programs) shall require that those imports 
be used to meet long-term development needs in those countries 
in accordance with the following criteria:
          (1) Spare parts and other imports shall be allocated 
        on the basis of evaluations, by the agency primarily 
        responsible for administering part I of that Act, of 
        the ability of likely recipients to use such spare 
        parts and imports in a maximally productive, employment 
        generating, and cost effective way.
          (2) Imports shall be coordinated with investments in 
        accordance with the recipient country's plans for 
        promoting economic development. The agency primarily 
        responsible for administering part I of that Act shall 
        assess such plans to determine whether they will 
        effectively promote economic development.
          (3) Emphasis shall be placed on imports for 
        agricultural activities which will expand agricultural 
        production, particularly activities which expand 
        production for export or production to reduce reliance 
        on imported agricultural products.
          (4) Emphasis shall also be placed on a distribution 
        of imports having a broad development impact in terms 
        of economic sectors and geographic regions.
          (5) In order to maximize the likelihood that the 
        imports financed by the United States under such 
        chapter are in addition to imports which would 
        otherwise occur, consideration shall be given to 
        historical patterns of foreign exchange uses.
          (6)(A) Seventy-five percent of the foreign currencies 
        generated by the sale of such imports by the government 
        of the country shall be deposited in a special account 
        established by that government and, except as provided 
        in subparagraph (B), shall be available only for use in 
        accordance with the agreement for economic development 
        activities which are consistent with the policy 
        directions of section 102 of the Foreign Assistance Act 
        of 1961 and which are the types of activities for which 
        assistance may be provided under sections 103 through 
        106 of that Act.
          (B) The agreement shall require that the government 
        of the country make available to the United States 
        Government such portion of the amount deposited in the 
        special account as may be determined by the President 
        to be necessary for requirements of the United States 
        Government.
    (b) Annual Evaluations.--The agency primarily responsible 
for administering part I of the Foreign Assistance Act of 1961 
shall conduct annual evaluations of the extent to which the 
criteria set forth in this subsection have been met.

SEC. 802.\39\ ECONOMIC SUPPORT ASSISTANCE FOR SOUTHERN AFRICA.

    (a) Funds for Southern Africa Regional Programs.--Of the 
amounts authorized to be appropriated to carry out chapter 4 of 
part II of the Foreign Assistance Act of 1961, not less than 
$30,000,000 for fiscal year 1986 and not less than $30,000,000 
for fiscal year 1987 shall be available only for regional 
programs in southern Africa. Not less than 50 percent of each 
of these amounts shall be allocated to assist sector projects 
supported by the Southern Africa Development Coordination 
Conference (SADCC) to enhance the economic development of the 
nine member states forming this important regional institution, 
especially in the following sectors: transportation, 
agriculture research and training, manpower development, and 
institutional support for the SADCC secretariat.

-----------------------------------------------------------------------
    \39\ Sec. 4(b)(1) of the South African Democratic Transition 
Support Act of 1993 (Public Law 103-149; 107 Stat. 1505) repealed 
subsec. (c) and (d) of this section. Those subsections stated 
eligibility criteria for funds for South Africa educational training 
programs and for the Human Rights Fund for South Africa through chapter 
4 of part II of the Foreign Assistance Act of 1961 for fiscal years 
1986 and 1987.
-----------------------------------------------------------------------

    (b) Studies Relating to Southern Africa Regional 
Programs.--(1) The administrator of the agency primarily 
responsible for administering part I of the Foreign Assistance 
Act of 1961 shall conduct a study which evaluates--
          (A) the assistance which that agency provides to the 
        Southern Africa Development Coordination Conference and 
        other African regional institutions and economic 
        development organizations, and
          (B) ways to improve such assistance.
    (2) The administrator shall also conduct a study which 
assesses what type of bureaucratic mechanism within that agency 
might be established to coordinate assistance to all African 
regional institutions.
    (3) The administrator shall submit the results of the 
studies conducted pursuant to this subsection to the Congress 
within 3 months after the date of enactment of this Act.

SEC. 803. POLICY TOWARD SOUTH AFRICAN ``HOMELANDS''.

    (a) Findings.--The Congress finds that--
          (1) the sanctity of the family, individual liberty, 
        maximum freedom of choice, ownership of private 
        property, and equal treatment of all citizens, 
        regardless of race, are principles which are fully 
        supported by the American people;
          (2) the forced relocation of blacks by the Government 
        of the Republic of South Africa to designated 
        ``homelands'' divides families, as families are 
        required to remain in the ``homelands'' while fathers 
        seek work in the so-called ``white areas'';
          (3) the forced removal of persons living in so-called 
        ``black spots'' in ``white'' rural areas in South 
        Africa denies them the fundamental right to live and to 
        farm on land they have legally occupied for years, and 
        subjects them to arbitrary arrest and detention when 
        they seek these rights;
          (4) compared to ``white'' South Africa, the 
        designated ``homelands'', which are meant to 
        accommodate the largest South African population group 
        on a fraction of South African territory and were 
        established without the consent of the vast majority of 
        the governed, are characterized by high rates of infant 
        mortality, unemployment, and malnutrition and by a 
        severe shortage of medical services;
          (5) the policy of the Government of the Republic of 
        South Africa denies blacks their rightful claim to full 
        South African citizenship; and
          (6) the recent violence in South Africa must be seen 
        as an inevitable result of the denial of the full 
        rights of citizenship.
    (b) Statement of Policy.--It is the sense of the Congress 
that--
          (1) the policy of separate development and the forced 
        relocation of the people of the Republic of South 
        Africa are inconsistent with fundamental American 
        values and internationally recognized principles of 
        human rights;
          (2) the Government of the United States should 
        continue to regard as citizens of South Africa all 
        persons born within the internationally recognized 
        boundaries of the Republic of South Africa, and not 
        differentiate among these citizens on the basis of the 
        South African Government's claim to have granted 
        independence to various ``homelands'';
          (3) at such times that any ``homeland'' official 
        applies for a visa for travel to the United States, 
        such visa should not be granted unless that official 
        holds a passport which is recognized as valid by the 
        Government of the United States; and
          (4) the Government of the United States should urge 
        that the forced relocation of South African citizens be 
        discontinued and that policies be adopted for all South 
        Africa's citizens which protect the sanctity of the 
        family, individual liberty, maximum freedom of choice, 
        ownership of private property, and equal treatment of 
        all citizens, regardless of race.

SEC. 804. ASSISTANCE FOR ZAIRE.

    (a) Economic Support Assistance.--Funds allocated for 
assistance for Zaire under chapter 4 of part II of the Foreign 
Assistance Act of 1961 for each of the fiscal years 1986 and 
1987 shall be used only for assistance which is provided in 
accordance with the provisions applicable to assistance under 
chapter 1 of part I of the Foreign Assistance Act of 1961. Such 
assistance shall be provided, to the maximum extent 
practicable, through private and voluntary organizations.
    (b) Military Assistance.--For each of the fiscal years 1986 
and 1987--
          (1) the value of assistance provided under chapter 2 
        of part II of the Foreign Assistance Act of 1961 for 
        Zaire may not exceed $7,000,000; and
          (2) financing may not be provided under the Arms 
        Export Control Act of Zaire.

SEC. 805. ASSISTANCE FOR TUNISIA.

    (a) Policy Concerning Security Assistance.--The United 
States provides security assistance to Tunisia in recognition 
of the traditional friendship between the United States and 
Tunisia and our common interests in the region. The provision 
of such assistance is also based on the expectation that 
political stability and development in Tunisia will be best 
advanced through continued growth of democratic institutions.
    (b) Earmarking of MAP and ESF.--For each of the fiscal 
years 1986 and 1987--
          (1) not less than $15,000,000 of the amounts 
        authorized to be appropriated to carry out chapter 2 of 
        part II of the Foreign Assistance Act of 1961, and
          (2) not less than $20,000,000 \40\ of the amounts 
        authorized to be appropriated to carry out chapter 4 of 
        part II of that Act, shall be available only for Tunisia.

-----------------------------------------------------------------------
    \40\ Title III of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1301), appropriated for Foreign Military Sales for fiscal year 1986: 
``not less than $27,000,000 of concessional credits shall be provided 
only for Tunisia.''.
-----------------------------------------------------------------------

SEC. 806. POLITICAL SETTLEMENT IN SUDAN.

    (a) Findings.--The Congress finds that--
          (1) friendship and mutual interests bind the United 
        States and Sudan; and
          (2) the peace, security, and economic development of 
        Sudan depend in large part on addressing the problems 
        associated with the traditional north- south division 
        in that country through political rather than military 
        means.
    (b) \41\ United States Policy.--It is, therefore, the 
policy of the United States that the provision of security 
assistance to Sudan shall be based on the expectation that the 
Government of Sudan will make progress toward reaching a 
political settlement with all parties to the conflict in the 
south of Sudan.

-----------------------------------------------------------------------
    \41\ Sec. 542 of the Foreign Assistance and Related Programs 
Appropriations Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat. 
3341-236), provided:
    ``None of the funds provided in this Act shall be available for the 
Sudan if the President determines that the Sudan is acting in a manner 
that would endanger the stability of the region, or the Camp David 
peace process.''.
-----------------------------------------------------------------------

SEC. 807. ELECTIONS IN LIBERIA.

    In recognition of the special relationship that the United 
States has with Liberia and of the wide variety of interests 
that the United States has in Liberia, security assistance for 
Liberia for fiscal years 1986 and 1987 is based on the 
expectation of a successful completion of free and fair 
elections, on a multiparty basis, in October 1985 as proposed 
by the Government of Liberia and on a return to full civilian, 
constitutional rule as a consequence of those elections.

SEC. 808. WESTERN SAHARA.

    (a) United States Policy.--The policy of the United States 
shall be to support a negotiated political solution to the 
conflict in the Western Sahara taking into account the 
principle of self-determination as outlined in the 1981 Nairobi 
resolution and to encourage all parties to the conflict to 
reach a peaceful internationally recognized settlement. As part 
of this policy, the United States should carefully consider 
each type of military assistance it furnishes to any of the 
parties to the conflict and should seek to insure that the 
furnishing of such military assistance is consistent with 
United States policy which seeks a negotiated settlement.
    (b) Further Statement of Policy.--It is the further policy 
of the United States to support Morocco's legitimate defense 
needs and to discourage aggression by any country in North 
Africa against another.

        *        *        *        *        *        *        *        

SEC. 812.\42\ FAILURE OF THE ETHIOPIAN GOVERNMENT TO RESPONSIBLY 
                    AMELIORATE FAMINE CONDITIONS. * * * [Repealed--
                    1991]

-----------------------------------------------------------------------
    \42\ Sec. 118 of the Further Continuing Appropriations, 1992 
(Public Law 102-145, as amended), repealed sec. 812, subsecs. (c) and 
(d) of which provided the following:
    ``(c) Prohibition on Imports and Exports.--(1) The President shall 
determine, within 30 days after the date of enactment of this Act, 
whether the Ethiopian regime is conducting a deliberate policy of 
starvation of its people and has not granted fundamental human rights 
to its citizens. The President shall submit that determination, and the 
basis for the determination, to the Congress.
    ``(2) If the President determines that such a policy is being 
conducted and that such rights are not being granted, paragraph (3) 
shall take effect if the Congress enacts a joint resolution approving 
that determination.
    ``(3) If the conditions specified in paragraph (1) and (2) are 
met--
          ``(A) goods and services of Ethiopian origin may not be 
        imported into the United States; and
          ``(B) except for emergency relief, rehabilitation, and 
        recovery assistance, goods, and services of United States 
        origin may not be exported (directly or indirectly) to 
        Ethiopia.
    ``(d) Prohibition on Economic Assistance.--The President shall 
suspend all forms of economic assistance to the Government of Ethiopia. 
This section shall not be construed to prevent the furnishing of 
international disaster assistance under section 491 of the Foreign 
Assistance Act of 1961 or economic assistance which will directly 
benefit people in accordance with section 116 of that Act.''.
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SEC. 813. ASSISTANCE FOR THE PEOPLE'S REPUBLIC OF MOZAMBIQUE.

    (a) Economic Assistance.--The funds authorized to be 
appropriated for fiscal years 1986 and 1987 to carry out 
chapter 1 of part I (relating to development assistance) and 
chapter 4 of part II (relating to the economic support fund) of 
the Foreign Assistance Act of 1961 that are allocated for 
bilateral assistance to the People's Republic of Mozambique 
shall be used solely for assistance to the private sector of 
the economy of Mozambique to the maximum extent practicable. To 
the maximum extent practicable, such funds shall be channeled 
to non-governmental entities in Mozambique.
    (b) Military Assistance.--(1) None of the funds authorized 
to be appropriated for fiscal year 1986 or fiscal year 1987 to 
carry out chapter 2 of part II (relating to grant military 
assistance) or chapter 5 of part II (relating to international 
military education and training) of the Foreign Assistance Act 
of 1961 shall be used to provide assistance to the People's 
Republic of Mozambique unless the President makes the 
certification described in paragraph (2) before providing any 
such assistance for that fiscal year.
    (2) The certification required by paragraph (1) is a 
certification by the President to the Speaker of the House of 
Representatives and to the chairman of the Committee on Foreign 
Relations of the Senate that the Government of the People's 
Republic of Mozambique--
          (A) is making a concerted and significant effort to 
        comply with internationally recognized human rights;
          (B) is making continued progress in implementing 
        essential economic and political reforms, including the 
        restoration of private property and respect for the 
        right to engage in free enterprise in all sectors of 
        the economy;
          (C) has implemented a plan by September 30, 1986, to 
        reduce the number of foreign military personnel to no 
        more than 55; and
          (D)(i) in the case of a certification with respect to 
        assistance for fiscal year 1986, is committed to 
        holding free elections at a date no later than 
        September 30, 1986, and to that end has demonstrated 
        its good faith efforts to begin discussions with all 
        major political factions in Mozambique which have 
        declared their willingness to find and implement an 
        equitable political solution to the conflict, with such 
        solution to involve a commitment to--
                  (I) the electoral process with 
                internationally recognized observers; and
                  (II) the elimination of all restrictions on 
                the formation and activities of opposition 
                political parties; and
          (ii) in the case of a certification with respect to 
        assistance for fiscal year 1987, held free elections by 
        September 30, 1986.

                             TITLE IX--ASIA

SEC. 901. THE PHILIPPINES.\43\

    (a) Democracy in the Philippines.--It is the sense of the 
Congress that the United States should encourage the 
revitalization of democracy in the Philippines. To that end, 
the Congress affirms its intention to grant future aid to the 
Philippines according to the determination of the Congress that 
United States security interests are enhanced and sufficient 
progress is made by the Government of the Philippines in--

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    \43\ Title II of the Foreign Assistance and Related Programs 
Appropriations Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat. 
3341-221), provided:

                        ``economic support fund

    ``That not less than an additional sum of $200,000,000 shall be 
available only for the Philippines: * * * .''
    Title I, Chapter V of the Urgent Supplemental Appropriations Act, 
1986 (Public Law 99-349; 100 Stat. 726), further provided:

                ``Special Assistance to the Philippines

                        ``economic support fund

    ``For an additional amount for the `Economic Support Fund', 
$100,000,000, to remain available until March 31, 1987: Provided, That 
this amount shall be available only for the Philippines: Provided 
further, That none of these funds may be available for obligation 
unless the Appropriations Committees of both Houses of Congress are 
previously notified fifteen days in advance.

                         ``military assistance

    ``For an additional amount for `Military Assistance', $50,000,000, 
to remain available until March 31, 1987: Provided, That this amount 
shall be available only for the Philippines: Provided further, That 
none of these funds may be available for obligation unless the 
Appropriations Committees of both Houses of Congress are previously 
notified fifteen days in advance.''.
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          (1) guaranteeing free, fair, and honest elections in 
        1986 and 1987, or sooner should any such elections 
        occur;
          (2) ensuring the full, fair, and open prosecution of 
        those responsible for the murder of Benigno Aquino, 
        including those involved in the cover-up;
          (3) ensuring freedom of speech and freedom of the 
        press, and unrestricted access to the media on the part 
        of all candidates for public office in the local and 
        provincial elections of 1986 and the Presidential 
        election of 1987;
          (4) establishing the writ of habeas corpus and the 
        termination of the Presidential Detention Action and 
        all other forms of detention without charge or trial;
          (5) releasing all individuals detained or imprisoned 
        for peaceful political activities;
          (6) making substantial progress in terminating 
        extrajudicial killings by the Philippine military and 
        security forces and the prosecution of those 
        responsible for such killings in the past;
          (7) implementing structural economic reforms and a 
        strengthening of the private sector, including 
        elimination of corruption and monopolies; and
          (8) enhancing the professional capability of the 
        Philippine armed forces and security forces (including 
        the Philippine Constabulary and the Civilian House 
        Defense Forces).
    (b) Primary Purpose of United States Assistance.--The 
Congress finds and declares that the primary purpose of United 
States assistance to the Philippines should be to maintain and 
foster friendly relations between the people of the Philippines 
and the people of the United States and to encourage the 
restoration of internal security, both of which goals can be 
best served by the achievement of an open and stable democracy.
    (c) Congressional Oversight.--The Congress, in determining 
future aid levels for the Philippines, will take into account 
not only our military bases agreement with that country, but 
also the extent to which the objectives and goals specified in 
subsections (a) and (b) have been implemented. The Congress may 
defer assistance for the Philippines under both chapter 2 of 
part II of the Foreign Assistance Act of 1961 and the Arms 
Export Control Act if--
          (1) significant progress is not achieved with respect 
        to the objectives and goals specified in subsections 
        (a) and (b), or
          (2) the Congress finds that such assistance is used 
        to violate the internationally recognized human rights 
        of the Filipino people.
    (d) \44\ * * * [Repealed--1986]

-----------------------------------------------------------------------
    \44\ Sec. 556 of the Foreign Assistance and Related Programs 
Appropriations Act (in sec. 101(f) of Public Law 99-591; 100 Stat. 
334), repealed sec. (d). It formerly read as follows:
    ``(d) Amounts of Assistance.--Of the amounts authorized to be 
appropriated for each of the fiscal years 1986 and 1987--
          ``(1) to carry out the Arms Export Control Act (relating to 
        foreign military sales financing), not more than $20,000,000 
        may be used for assistance for the Philippines;
          ``(2) to carry out chapter 2 of part II of the Foreign 
        Assistance Act of 1981 (relating to grant military assistance), 
        not more than $50,000,000 may be used for assistance for the 
        Philippines; and
          ``(3) to carry out chapter 4 of part II of the Foreign 
        Assistance Act of 1981 (relating to the economic support fund), 
        $110,000,000 shall be available only for the Philippines.''.
-----------------------------------------------------------------------

    (e) Nonlethal Assistance.--Assistance provided for the 
Philippines for fiscal year 1986 under the Arms Export Control 
Act or under chapter 2, of part II of the Foreign Assistance 
Act of 1961 shall be nonlethal in character.

        *        *        *        *        *        *        *        

SEC. 903. DISADVANTAGED CHILDREN IN ASIA.

    (a) * * *
    (b) Additional Steps To Help Amerasian Children.--The 
Congress finds that Amerasian children are currently the object 
of discrimination in the countries in Asia where they now 
reside. Therefore, the President shall report to the Congress 
on the quality of life of these children and on what additional 
steps, such as facilitating adoptions, the United States could 
take to enhance the lives of these children.

SEC. 904.\45\ ASSISTANCE FOR AFGHANISTAN.

    (a) Authorization.--The President may make available funds 
authorized to be appropriated to carry out chapter 4 of part II 
of the Foreign Assistance Act of 1961 (relating to the economic 
support fund) for the provision of food, medicine, or other 
humanitarian assistance to the Afghan people, notwithstanding 
any other provision of law.

-----------------------------------------------------------------------
    \45\ 22 U.S.C. 2374 note.
-----------------------------------------------------------------------

    (b) \46\ Earmarking of Funds.--Each fiscal year, not less 
than $15,000,000 of the aggregate amount of funds available to 
carry out chapter 4 of part II of the Foreign Assistance Act of 
1961 shall be available only for humanitarian assistance to the 
Afghan people pursuant to subsection (a) of this section.

-----------------------------------------------------------------------
    \46\ Sec. 541 of the Foreign Assistance and Related Programs 
Appropriations Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat. 
3341-236), provided:
    ``Not less than $300,000,000 of the aggregate amount of funds 
appropriated by this Act to carry out the provisions of chapter 1 of 
part I of the Foreign Assistance Act of 1961 and chapter 4 of part II 
of that Act, shall be available for the provision of food, medicine, or 
other humanitarian assistance to the Afghan people, notwithstanding any 
other provision of law.''.
-----------------------------------------------------------------------

    (c) Effective Dates.--This section shall take effect on the 
date of enactment of this Act, except that subsection (b) shall 
not apply to fiscal year 1985.

SEC. 905. ASSISTANCE FOR THE CAMBODIAN PEOPLE.

    The President may make available to the noncommunist 
resistance forces in Cambodia up to $5,000,000 for fiscal year 
1986, and up to $5,000,000 for fiscal year 1987, of the funds 
authorized to be appropriated to carry out chapter 2 (relating 
to grant military assistance) or chapter 4 (relating to the 
economic support fund) of part II of the Foreign Assistance Act 
of 1961, notwithstanding any other provision of law.

SEC. 906. PROHIBITION ON CERTAIN ASSISTANCE TO THE KHMER ROUGE.

    (a) Prohibition.--Notwithstanding any other provision of 
law, none of the funds authorized to be appropriated by this 
Act or any other Act may be obligated or expended for the 
purpose or with the effect of promoting, sustaining, or 
augmenting, directly or indirectly, the capacity of the Khmer 
Rouge or any of its members to conduct military of paramilitary 
operations in Cambodia or elsewhere in Indochina.
    (b) Deobligation of Certain Funds.--All funds appropriated 
before the date of enactment of this section which were 
obligated but not expended for activities having the purpose or 
effect described in subsection (a) shall be deobligated and 
shall be deposited in the Treasury of the United States as 
miscellaneous receipts.
    (c) Exception for Humanitarian Assistance.--This section 
shall not be construed as limiting the provision of food, 
medicine, or other humanitarian assistance to the Cambodian 
people.

SEC. 907. POLITICAL SETTLEMENT IN SRI LANKA.

    (a) Findings.--The Congress finds that--
          (1) the Government and people of Sri Lanka and the 
        Government and people of the United States share a 
        common devotion to independence, democracy, and human 
        rights;
          (2) the United States is concerned over the armed 
        clashes between the security forces of the Government 
        of Sri Lanka and some Sri Lankans who seek through 
        violent means, including terrorist attacks, to divide 
        that nation;
          (3) there have been acts of terrorism committed 
        against members of the Sri Lankan security forces, as 
        well as against civilians, and there have been human 
        rights abuses by members of the security forces against 
        civilians, particularly Tamils, despite the efforts of 
        the Government, which the Congress believes must be 
        intensified, to put an end to those abuses;
          (4) the differences and grievances in Sri Lanka 
        cannot be resolved through the use of force; and
          (5) the United States is a proud participant through 
        its economic assistance programs in Sri Lanka's highly 
        regarded development efforts and looks forward to 
        enhanced cooperation and assistance in the context of a 
        political settlement in Sri Lanka leading to the kind 
        of peaceful climate in which additional aid could be 
        effectively utilized.
    (b) Political Settlement.--It is, therefore, the sense of 
the Congress that--
          (1) all parties in Sri Lanka, from all communities in 
        and out of government, should renew their efforts to 
        achieve a joint political settlement which meets the 
        legitimate concerns of all the people of Sri Lanka, 
        while preserving the territorial integrity of Sri 
        Lanka; and
          (2) all parties outside Sri Lanka should do nothing 
        which would impede progress toward such a settlement.

SEC. 908. UNITED STATES POLICY TOWARD THE REPUBLIC OF KOREA.

    (a) Findings.--The Congress finds that--
          (1) the Government of the Republic of Korea has taken 
        several significant and encouraging steps in 
        liberalizing the political system in that country;
          (2) among the steps which have facilitated a more 
        democratic environment are the release of hundreds of 
        student demonstrators, the lifting of a political ban 
        on more than 300 opposition leaders, and the holding of 
        a vigorously contested election for the National 
        Assembly in which the opposition made substantial 
        gains;
          (3) despite these steps, the people of the Republic 
        of Korea, who have become increasingly better educated 
        and prosperous as a result of Korea's extraordinarily 
        rapid economic development, have the desire and the 
        capability to participate more fully and effectively in 
        the government of their own country; and
          (4) while internationally recognized human rights are 
        clearly respected much more in the Republic of Korea 
        than in the Democratic People's Republic of Korea, 
        continued progress toward democratization in the south 
        is in the interests of both the Republic of Korea and 
        the United States, inasmuch as long-term political 
        stability cannot be assured in the absence of further 
        progress towards democratic government.
    (b) United States Policy.--It is the policy of the United 
States to provide assistance to the Republic of Korea in order 
to help that country defend itself against external aggression. 
It is the hope of the United States that the continuing close 
relations between our two countries, including such assistance, 
will encourage the establishment of a genuinely democratic 
system in the Republic of Korea, in which internationally 
recognized human rights, including freedom of the press, 
freedom of association, and freedom of assembly are observed.

               TITLE X--FOOD AND AGRICULTURAL ASSISTANCE

        *        *        *        *        *        *        *        

SEC. 1008. LONG-TERM AGRICULTURAL COMMODITY AGREEMENTS WITH FOOD 
                    DEFICIT COUNTRIES.

    As part of the United States foreign assistance program, 
the President should explore the possibility of concluding 
long-term agricultural commodity agreements to help stabilize 
and increase the flow of concessional and commercial foodstuffs 
with food deficit countries. The President shall prepare and 
transmit to the Congress a report on his efforts to achieve 
such long-term agreements by June 1, 1986.

                         TITLE XI--PEACE CORPS

        *        *        *        *        *        *        *        

SEC. 1103.\47\ LIMITATION ON LENGTH OF PEACE CORPS EMPLOYMENT. * * *

-----------------------------------------------------------------------
    \47\ For text, see Legislation on Foreign Relations Through 1997, 
vol. I-B.
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SEC. 1104.\47\ PEACE CORPS NATIONAL ADVISORY COUNCIL.

        *        *        *        *        *        *        *        

   TITLE XII--MISCELLANEOUS PROVISIONS RELATING TO FOREIGN ASSISTANCE

        *        *        *        *        *        *        *        

SEC. 1205.\48\ REPORTS ON ECONOMIC CONDITIONS IN CERTAIN COUNTRIES.

    (a) External Debt Burden of Certain Countries Receiving 
United States Assistance.--The Congress finds that the 
Governments of Egypt, Israel, Turkey, and Portugal each have an 
enormous external debt burden which may be made more difficult 
by virtue of financing provided for those governments under 
various United States assistance programs.

-----------------------------------------------------------------------
    \48\ 22 U.S.C. 2346 note.
-----------------------------------------------------------------------

    (b) Annual Reports on Economic Conditions.--In order to 
assist the Congress in examining United States assistance for 
those countries, the President shall report to the Speaker of 
the House of Representatives and to the chairman of the 
Committee on Foreign Relations of the Senate, not later than 
January 15 of each year, regarding economic conditions 
prevailing in Egypt, Israel, Turkey, and Portugal which may 
affect their respective ability to meet their international 
debt obligations and to stabilize their economies.

SEC. 1206. EGYPTIAN-ISRAELI RELATIONS.

    The Congress notes the recent effort of Egypt to move the 
peace process forward. However, the Congress continues to be 
concerned about the less than normal relations between Egypt 
and Israel. It is the sense of the Congress that all United 
States foreign assistance to Egypt is provided in the 
expectation that the Egyptian Government will continue in its 
efforts to bring peace to the region and that it will continue 
to support and fulfill the provisions of the Camp David Accords 
and the Egyptian-Israeli Peace Treaty.

        *        *        *        *        *        *        *        

SEC. 1210. REPORT ON UNITED STATES ASSISTANCE TO COAL EXPORTING 
                    NATIONS.

    Not later then 30 days after the date of enactment of this 
Act, the President shall submit to the appropriate committees 
of the Congress a report describing the status and terms of, 
and containing all other pertinent information relating to, any 
United States Government assistance which is provided to 
foreign nations that produce or export coal for the purpose of 
financing or assisting in the development of coal production, 
transportation, export, or other coal-related activities or 
operations.

        *        *        *        *        *        *        *        

                  TITLE XIII--MISCELLANEOUS PROVISIONS

SEC. 1301.\49\ EFFECTIVE DATE.

    Except as otherwise provided in this Act, this Act shall 
take effect on October 1, 1985.

-----------------------------------------------------------------------
    \49\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------

SEC. 1302.\50\ CODIFICATION OF POLICY PROHIBITING NEGOTIATIONS WITH THE 
                    PALESTINE LIBERATION ORGANIZATION

    (a) United States Policy.--The United States in 1975 
declared in a memorandum of agreement with Israel, and has 
reaffirmed since, that ``The United States will continue to 
adhere to its present policy with respect to the Palestine 
Liberation Organization, whereby it will not recognize or 
negotiate with the Palestine Liberation Organization so long as 
the Palestine Liberation Organization does not recognize 
Israel's right to exist and does not accept Security Council 
Resolutions 242 and 338.''.

-----------------------------------------------------------------------
    \50\ 22 U.S.C. 2151 note. Sec. 531 of the Foreign Assistance 
Appropriations Act, 1986 (Sec. 101(i) of Public Law 99-190; 99 Stat. 
1307), provided the following:
    ``In reaffirmation of the 1975 memorandum of agreement between the 
United States and Israel, and in accordance with section 1302 of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83), no employee of or individual acting on behalf of the United 
States Government shall recognize or negotiate with the Palestine 
Liberation Organization or representatives thereof, so long as the 
Palestine Liberation Organization does not recognize Israel's right to 
exist, does not accept Security Council Resolutions 242 and 338, and 
does not renounce the use of terrorism.''. Sec. 530 of the Foreign 
Assistance and Related Programs Appropriations Act, 1987 (sec. 101(f) 
of Public Law 99-591; 100 Stat. 3341-231) contained identical language.
    Sec. 527 of the Foreign Assistance and Related Agencies 
Appropriations Act 1987 (see. 101(f) of Public Law 99-591; 100 Stat. 
3341-230) provided:
    ``Notwithstanding any other provision of law or this Act, none of 
the funds provided for ``International organizations and programs'' 
shall be available for the United States proportionate share for any 
programs for the Palestine Liberation Organization, the Southwest 
African Peoples Organization, Libya, Iran, or, at the discretion of the 
President, Communist countries listed in section 620(f) of the Foreign 
Assistance Act of 1961, as amended.''.
-----------------------------------------------------------------------

    (b) Reaffirmation and Codification of Policy.--The United 
States hereby reaffirms that policy. In accordance with that 
policy, no officer or employee of the United States Government 
and no agent or other individual acting on behalf of the United 
States Government shall negotiate with the Palestine Liberation 
Organization or any representatives thereof (except in 
emergency or humanitarian situations) unless and until the 
Palestine Liberation Organization recognizes Israel's right to 
exist, accepts United Nations Security Council Resolutions 242 
and 338 and renounces the use of terrorism, except that no 
funds authorized to be appropriated by this or any other Act 
may be obligated or made available for the conduct of the 
current dialogue on the Middle East process with any 
representative of the Palestine Liberation Organization if the 
President knows and advises the Congress that the 
representative directly participated in the planning or 
execution of a particular terrorist activity which resulted in 
the death or kidnapping of a United States citizen.\51\

-----------------------------------------------------------------------
    \51\ Sec. 108 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 15; approved 
February 16, 1990), added text to this point from ``, except that no 
funds * * *''.
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SEC. 1303.\52\ COMMISSION FOR THE PRESERVATION OF AMERICA'S HERITAGE 
                    ABROAD.

    (a) Purpose.--Because the fabric of a society is 
strengthened by visible reminders of the historical roots of 
the society, it is in the national interest of the United 
States to encourage the preservation and protection of the 
cemeteries, monuments, and historic buildings associated with 
the foreign heritage of United States citizens.

-----------------------------------------------------------------------
    \52\ 16 U.S.C. 469j. Title V of Public Law 105-119 (111 Stat. 2507) 
provided the following:

     ``commission for the preservation of america's heritage abroad

                        ``salaries and expenses

    ``For expenses for the Commission for the Preservation of America's 
Heritage Abroad, $250,000, as authorized by Public Law 99-83, section 
1303.''.
-----------------------------------------------------------------------

    (b) Establishment.--There is established a commission to be 
known as the Commission for the Preservation of America's 
Heritage Abroad (hereafter in this section referred to as the 
``Commission'').
    (c) Duties.--The Commission shall--
          (1) identify and publish a list of those cemeteries, 
        monuments, and historic buildings located abroad which 
        are associated with the foreign heritage of United 
        States citizens from eastern and central Europe, 
        particularly those cemeteries, monuments, and buildings 
        which are in danger of deterioration or destruction;
          (2) encourage the preservation and protection of such 
        cemeteries, monuments, and historic buildings by 
        obtaining, in cooperation with the Department of State, 
        assurances from foreign governments that the 
        cemeteries, monuments, and buildings will be preserved 
        and protected; and
          (3) prepare and disseminate reports on the condition 
        of and the progress toward preserving and protecting 
        such cemeteries, monuments, and historic buildings.
    (d) Membership.--(1) The Commission shall consist of 21 
members appointed by the President, 7 of whom shall be 
appointed after consultation with the Speaker of the House of 
Representatives and 7 of whom shall be appointed after 
consultation with the President pro tempore of the Senate.
    (2)(A) Except as provided in subparagraphs (B) and (C), 
members of the Commission shall be appointed for terms of 3 
years.
    (B) Of the members first appointed after consultation with 
the Speaker of the House of Representatives, 5 shall be 
appointed for 2 years.
    (C) A member appointed to fill a vacancy on the Commission 
shall serve for the remainder of the term for which the 
member's predecessor was appointed.
    (D) A member may retain membership on the Commission until 
the member's successor has been appointed.
    (3) The President shall designate the Chairman of the 
Commission from among its members.
    (e) Meetings. The Commission shall meet at least once every 
three months.
    (f) Compensation and Per Diem.--(1) Members of the 
Commission shall receive no pay on account of their service on 
the Commission.
    (2) While away from their homes or regular places of 
business in the performance of services for the Commission, 
members of the Commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, in the same manner 
as persons employed intermittently in the Government service 
are allowed expenses under section 5703 of title 5 of the 
United States Code.
    (g) Authorities.--(1) The Commission or any member it 
authorizes may, for the purposes of carrying out this section, 
hold such hearings, sit and act at such times and places, 
request such attendance, take such testimony, and receive such 
evidence, as the Commission considers appropriate.
    (2) The Commission may appoint such personnel (subject to 
the provisions of title 5 of the United States Code which 
govern appointments in the competitive service) and may fix the 
pay of such personnel (subject to the provisions of chapter 51 
and subchapter III of chapter 53 of such title, relating to 
classification and General Schedule pay rates) as the 
Commission deems desirable.
    (3) The Commission may procure temporary and intermittent 
services to the same extent as is authorized by section 3109(b) 
of title 5 of the United States Code, but at rates for 
individuals not to exceed the daily equivalent of the maximum 
annual rate of basic pay then in effect for grade GS-18 of the 
General Schedule (5 U.S.C. 5332(a)).
    (4) Upon request of the Commission, the head of any Federal 
department or agency, including the Secretary of State, may 
detail, on a reimbursable basis, any of the personnel of such 
department or agency to the Commission to assist it in carrying 
out its duties under this section.
    (5) The Commission may secure directly from any department 
or agency of the United States, including the Department of 
State, any information necessary to enable it to carry out this 
section. Upon the request of the Chairman of the Commission, 
the head of such department or agency shall furnish such 
information to the Commission.
    (6) The Commission may accept, use, and dispose of gifts or 
donations of money or property.
    (7) The Commission may use the United States mails in the 
same manner and upon the same conditions as other departments 
and agencies of the United States.
    (8) The Administrator of General Services shall provide to 
the Commission on a reimbursable basis such administrative 
support services as the Commission may request.
    (h) Reports.--The Commission shall transmit an annual 
report to the President and to each House of Congress as soon 
as practicable after the end of each fiscal year. Each report 
shall include a detailed statement of the activities and 
accomplishments of the Commission during the preceding fiscal 
year and any recommendations by the Commission for legislation 
and administrative actions.

SEC. 1304.\53\ FEDERAL COAL EXPORT COMMISSION.

    (a) Establishment.--The Secretary of Commerce shall 
establish, within ninety days after the date of enactment of 
this Act, a Federal Coal Export Commission (hereafter in this 
section referred to as the ``Commission'').

-----------------------------------------------------------------------
    \53\ 15 U.S.C. 4011 note.
-----------------------------------------------------------------------

    (b) Membership.--The Commission shall be composed of thirty 
members appointed by the Secretary of Commerce, as follows:
          (1) Federal government representatives.--Ten members 
        shall be representatives of the International Trade 
        Administration, the Department of Energy, the 
        Department of State, the Department of Transportation, 
        the Office of the United States Trade Representative, 
        and a Federal institution involved in export financing.
          (2) Private sector representatives.--
                  (A) Five members shall be representatives of 
                export coal producers, including traders and 
                brokers.
                  (B) Five members shall be representatives of 
                coal labor.
                  (C) Five members shall be representatives of 
                transporters of export coal, including 
                representatives of rail and barge carriers and 
                port authorities.
                  (D) Five members shall be representatives of 
                institutions having a substantial interest in 
                United States export coal financing.
    (c) Expenses.--Members of the Commission shall serve 
without pay. While away from their homes or regular places of 
business in the performance of services for the Commission, 
members of the Commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, in the same manner 
as persons employed intermittently in Government service are 
allowed expenses under section 5703 of title 5 of the United 
States Code.
    (d) Cooperation.--All Federal departments and agencies are 
authorized to cooperate with the Commission and to furnish 
information, appropriate personnel, and such assistance as may 
be agreed upon by the Commission and the Federal department or 
agency involved.
    (e) Activities.--The Commission shall convene not less than 
four times a year for consultation on activities leading to 
increased cooperation among entities involved in United States 
coal exports, with the goal of expanding the United States 
share of the international coal market. Activities of the 
Commission shall include, but are not limited to, the 
identification of--
          (1) diplomatic channels to facilitate the exportation 
        of United States coal and methods to increase the 
        coordination of diplomatic efforts relating to such 
        exports;
          (2) domestic and international impediments to coal 
        exports;
          (3) foreign markets for United States export coal, 
        with emphasis on increasing United States coal sales to 
        developing nations and expanding the participation of 
        the United States International Development Cooperation 
        Agency in such an effort;
          (4) availability of, and methods of, financing United 
        States coal exports, including the feasibility of 
        increasing Federal export financial and economic 
        assistance; and
          (5) methods to promote, market, and coordinate United 
        States coal on the international market.
The Commission shall also examine the potential for small- and 
medium-sized coal companies to enter the export coal trade 
through export trading companies with respect to the marketing, 
transportation, and financial services which such trading 
companies may provide pursuant to the Export Trading Company 
Act of 1982.
    (f) Report.--The Commission shall submit to the President 
and the Congress, within two years after its first meeting, a 
report which details its findings pursuant to subsection (e) 
and, based upon such findings, makes recommendations which 
would lead to the expansion of the United States share of the 
international metallurgical and steam coal market.
    (g) Termination.--The Commission shall cease to exist upon 
submission of its report pursuant to subsection (f).



i. International Security and Development Assistance Authorizations Act 
                                of 1983

  Partial text of Public Law 98-151 [H.J. Res. 413], 97 Stat. at 964, 
                       approved November 14, 1983

  A JOINT RESOLUTION Making further continuing appropriations for the 
                           fiscal year 1984.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, and out of applicable 
corporate or other revenues, receipts, and funds, for the 
several departments, agencies, corporations, and other 
organizational units of the Government for the fiscal year 
1984, and for other purposes, namely:
    Sec. 101. (a) * * *
    (b)(1) \1\ * * *

-----------------------------------------------------------------------
    \1\ Sec. 101(b)(1) was cited as the ``Foreign Assistance and 
Related Programs Appropriations Act, 1984.''
-----------------------------------------------------------------------

    (2) Section 101(b)(2) of this joint resolution may be cited 
as the ``International Security and Development Assistance 
Authorizations Act of 1983''.

                    authorizations of appropriations

    There is authorized to be appropriated to the President 
$1,315,000,000 for the fiscal year 1984 to carry out section 23 
of the Arms Export Control Act. The total principal amount of 
loans guaranteed under section 24(a) of the Arms Export Control 
Act shall not exceed $4,446,500,000 for the fiscal year 1984.
    There are authorized to be appropriated for the fiscal year 
1984 the following amounts to carry out the following 
provisions of the Foreign Assistance Act of 1961:
          (1) $725,213,000 to carry out section 103.
          (2) $244,600,000 to carry out section 104(b).
          (3) $133,400,000 to carry out section 104(c).
          (4) $121,477,000 to carry out section 105.
          (5) $160,000,000 to carry out section 106.
          (6) $103,000,000 to carry out section 121.
          (7) $30,000,000 to carry out section 214.
          (8) $266,214,000 to carry out chapter 3 of part I.
          (9) $47,000,000 to carry out section 481.
          (10) $25,000,000 to carry out section 491.
          (11) $3,074,000,000 to carry out chapter 4 of part 
        II.
          (12) $639,700,000 to carry out section 503.
          (13) $56,452,000 to carry out chapter 5 of part II.
          (14) $46,200,000 to carry out chapter 6 of part II.
          (15) $22,000,000 to carry out section 661.
          (16) $370,000,000 to carry out section 667.
    There is authorized to be appropriated to the President to 
carry out the African Development Foundation Act $3,000,000 for 
the fiscal year 1984.
    There is authorized to be appropriated to carry out the 
Peace Corps Act $116,000,000 of the fiscal year 1984.
    Section 10 of Public Law 91-672 and section 15(a) of the 
State Department Basic Authorities Act of 1956 shall not apply 
with respect to funds appropriated for ``Migration and Refugee 
Assistance'' or for the Inter-American Foundation by the joint 
resolution of October 1, 1983 (Public Law 98-107), as amended 
by this joint resolution.

                  assistance for israel and egypt \2\

        *        *        *        *        *        *        *        

           conditions on military assistance for el salvador

    Not more than 70 percent of the amount available for the 
fiscal year 1984 for military assistance for El Salvador under 
chapters 2 and 5 of part II of the Foreign Assistance Act of 
1961 and under the Arms Export Control Act may be expended 
until--

-----------------------------------------------------------------------
    \2\ This paragraph amended sec. 31 of the Arms Export Control Act 
and sec. 532 of the Foreign Assistance Act of 1961, to provide 
authorization levels for Israel and Egypt for fiscal year 1984.
-----------------------------------------------------------------------

          (1) Salvadoran authorities have substantially 
        concluded all investigative actions in the case of the 
        National Guardsmen charged with murder in the deaths of 
        the four United States churchwomen in December 1980 
        that were set forth in communications from the 
        Department of State (including the letters dated July 8 
        and September 23, 1983); and
          (2) Salvadoran authorities have brought the accused 
        to trial and have obtained a verdict.
    Not more than 90 percent of the amount made available for 
the fiscal year 1984 for military assistance for El Salvador 
under chapters 2 and 5 of part II of the Foreign Assistance Act 
of 1961 and under the Arms Export Control Act may be expended 
until the President has determined and certified to the 
Congress that--
          (1) the Government of El Salvador has not taken any 
        action which would alter, suspend, or terminate the 
        land reform program for phase I or phase III 
        promulgated under Decree 154 (dated March 5, 1980) or 
        Decree 207 (dated April 28, 1980) in a manner 
        detrimental to the rights of the beneficiaries or the 
        potential beneficiaries under those decrees; and
          (2) the Government of El Salvador continues to make 
        documented progress on implementing the land reform 
        program.

                           minority set-aside

    Except to the extent that the Administrator of the Agency 
for International Development determines otherwise, not less 
than 10 percent of the aggregate of the funds made available 
for the fiscal year 1984 to carry out chapter 1 of part I of 
the Foreign Assistance Act of 1961 shall be made available only 
for activities of economically and socially disadvantaged 
enterprises (within the meaning of section 133(c)(5) of the 
International Development and Food Assistance Act of 1977), 
historically Black colleges and universities, and private and 
voluntary organizations which are controlled by individuals who 
are Black Americans, Hispanic Americans, or Native Americans, 
or who are economically and socially disadvantaged (within the 
meaning of section 133(c)(5) (B) and (C) of the International 
Development and Food Assistance Act of 1977). For purposes of 
this section, economically and socially disadvantaged 
individuals shall be deemed to include women.

                        minority resource center

    None of the funds authorized to be appropriated for the 
fiscal year 1984 to carry out the Foreign Assistance Act of 
1961 may be used to eliminate the Minority Resource Center as a 
separate and distinct entity within the Agency for 
International Development, including implementation of a 
consolidation of the Minority Resource Center with the Office 
of Small and Disadvantaged Business Utilization under section 
133(c)(8) of the International Development and Food Assistance 
Act of 1977.

   promoting the development of the haitian people and providing for 
                     orderly emigration from haiti

    It is the sense of the Congress that for the fiscal year 
1984 up to $24,000,000 of the funds available to carry out 
chapter 1 of part I of the Foreign Assistance Act of 1961, and 
up to $10,000,000 of the funds available to carry out chapter 4 
of part II of such Act, should be made available for 
development assistance for Haiti, subject to the limitation 
contained in the third paragraph of this heading.
    To the maximum extent practicable, assistance for Haiti 
under chapter 1 of part I and under chapter 4 of part II of the 
Foreign Assistance Act of 1961 should be provided through 
private and voluntary organizations.
    Funds available for fiscal year 1984 to carry out chapter 1 
of part I or chapter 2, 4, or 5 of part II of the Foreign 
Assistance Act of 1961 may be obligated for Haiti, and credits 
may be extended and guarantees may be issued under the Arms 
Export Control Act for Haiti, only if the President determines 
that the Government of Haiti--
          (1) is continuing to cooperate with the United States 
        in halting illegal emigration to the United States from 
        Haiti;
          (2) is cooperating fully in implementing United 
        States development, food, and other economic assistance 
        programs in Haiti (including programs for prior fiscal 
        years); and
          (3) is making a concerted and significant effort to 
        improve the human rights situation in Haiti by 
        implementing the political reforms which are essential 
        to the development of democracy in Haiti, including the 
        establishment of political parties, free elections, and 
        freedom of the press.
    Six months after the date of enactment of this section, the 
President shall report to the Congress on the extent to which 
the actions of the Government of Haiti are consistent with each 
numbered provision contained in the third paragraph of this 
heading.
    Notwithstanding the limitations of section 660 of the 
Foreign Assistance Act of 1961, funds made available under such 
Act for the fiscal year 1984 may be used for programs with 
Haiti, which shall be consistent with prevailing United States 
refugee policies, to assist in halting significant illegal 
emigration from Haiti to the United States.

                     private sector revolving fund

    The amendment contained in section 407 of H.R. 2992, as 
reported by the Committee on Foreign Affairs of the House of 
Representatives on May 17, 1983, is hereby enacted.\3\

-----------------------------------------------------------------------
    \3\ This amendment added a new sec. 108 to the Foreign Assistance 
Act of 1961.
-----------------------------------------------------------------------

                    antiterrorism assistance program

    The amendments contained in title II of H.R. 2992, as 
reported by the Committee on Foreign Affairs of the House of 
Representatives on May 17, 1983, are hereby enacted,\4\ except 
that, for purposes of such enactment, section 575 of the 
Foreign Assistance Act of 1961 shall read as follows:

-----------------------------------------------------------------------
    \4\ These amendments added a new chapter 8 to part II of the 
Foreign Assistance Act of 1961.
-----------------------------------------------------------------------

    ``Sec. 575. Appropriations.--There is authorized to be 
appropriated to the President to carry out this chapter 
$5,000,000 for the fiscal year 1984. Amounts appropriated under 
this section are authorized to remain available until 
expended.''.

        *        *        *        *        *        *        *        



   j. International Security and Development Cooperation Act of 1981

 Partial text of Public Law 97-113 [S. 1196], 95 Stat. 1519, approved 
December 29, 1981; as amended by Public Law 97-233 [H.J. Res. 494], 96 
 Stat. 260, approved August 10, 1982; Public Law 98-53 [Conditions on 
 Aid to El Salvador, H.R. 1271], 97 Stat. 287, approved July 15, 1983; 
 Public Law 99-83 [International Security and Development Cooperation 
  Act of 1985, S. 960], 99 Stat. 190 at 247, approved August 8, 1985; 
 Public Law 101-162 [Departments of Commerce, Justice, and State, the 
 Judiciary, and Related Agencies Appropriations Act, 1990; H.R. 2991], 
103 Stat. 1030, approved November 21, 1989; Public Law 101-513 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
  1991; H.R. 5114], 104 Stat. 1979, approved November 5, 1990; and by 
    Public Law 103-199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, 
                       approved December 17, 1993

-----------------------------------------------------------------------

          Note.--Except for the provisions noted below, the 
        International Security and Development Cooperation Act 
        of 1981 consists of amendments to the Foreign 
        Assistance Act of 1961, the Arms Export Control Act, 
        the Peace Corps Act, Public Law 480, and to several 
        former foreign aid annual authorization acts. These 
        amendments are incorporated into the texts of these 
        Acts at the appropriate locations.

-----------------------------------------------------------------------


 AN ACT To authorize appropriations for the fiscal years 1982 and 1983 
for international security and development assistance and for the Peace 
 Corps, to establish the Peace Corps as an autonomous agency, and for 
                            other purposes.

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

                              short title

    Section 1. This Act may be cited as the ``International 
Security and Development Cooperation Act of 1981''.

              TITLE I--MILITARY SALES AND RELATED PROGRAMS

        *        *        *        *        *        *        *        

                    special defense acquisition fund

    Sec. 108. (a) \1\ * * *

-----------------------------------------------------------------------
    \1\ Sec. 108(a) amended the Arms Export Control Act by adding a new 
ch. 5 concerning the Special Defense Acquisition Fund.
-----------------------------------------------------------------------

    (b) Section 138 of title 10, United States Code, is amended 
by adding immediately following subsection (f) the following 
new subsection:
    ``(g) The size of the Special Defense Acquisition Fund 
established pursuant to chapter 5 of the Arms Export Control 
Act may not exceed $300,000,000 in fiscal year 1982, may not 
exceed $600,000,000 in fiscal year 1983, and may not exceed 
$900,000,000 in fiscal year 1984 or any fiscal year 
thereafter.''.\2\

-----------------------------------------------------------------------
    \2\ Sec. 1103 of the Department of Defense Authorization Act, 1983 
(Public Law 97-252; 96 Stat. 738), amended subsec. (g) by inserting the 
ceiling figure for fiscal year 1984.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                    TITLE II--ECONOMIC SUPPORT FUND

        *        *        *        *        *        *        *        

  acquisition of agricultural commodities and related products under 
                       commodity import programs

    Sec. 203.\3\ The Congress directs the President to allocate 
at least 15 percent of the funds which are made available each 
fiscal year under this title for commodity import programs for 
use in financing the purchase of agricultural commodities and 
agricultural related products which are of United States-
origin.

-----------------------------------------------------------------------
    \3\ 22 U.S.C. 2346 note.
-----------------------------------------------------------------------

                   TITLE III--DEVELOPMENT ASSISTANCE

             agriculture, rural development, and nutrition

    Sec. 301. (a) * * *
    (b)(1) It is the sense of the Congress that the United 
States should strongly support the efforts of developing 
countries to improve infant feeding practices, in particular 
through the promotion of breast feeding. As a demonstration of 
that support, the President is authorized to use up to 
$5,000,000 of the funds made available for the fiscal year 1982 
to carry out the purposes of sections 103 and 104(c) of the 
Foreign Assistance Act of 1961 in order to assist developing 
countries establish or improve programs to encourage improved 
infant feeding practices. In carrying out this paragraph, the 
Agency for International Development should provide funds for 
necessary research to obtain better information on the precise 
nature and magnitude of problems relating to infant feeding 
practices, including the use of infant formula, in developing 
countries.
    (2) The President shall, as part of the congressional 
presentation documentation for the fiscal years 1983 and 1984, 
include information relevant to the implementation of this 
subsection, including--
          (A) a description of actions taken by the Agency for 
        International Development to promote breast feeding and 
        to improve supplemental infant feeding practices in 
        developing countries through funds made available in 
        this subsection and through its regular programs in the 
        fields of health, nutrition, and population activities;
          (B) a summary of the results of studies authorized by 
        this subsection on the nature and magnitude of problems 
        in developing countries related to infant feeding 
        practices; and
          (C) a summary of reports by member countries of the 
        World Health Organization on their actions to implement 
        the International Code of Marketing of Breast Milk 
        Substitutes.

        *        *        *        *        *        *        *        

                   TITLE IV--FOOD FOR PEACE PROGRAMS

        *        *        *        *        *        *        *        

self-help measures to increase agricultural production; verification of 
                          self-help provisions

    Sec. 403. (a) * * *
    (b) * * *
    (c) \4\ The amendments made by this section shall not be 
effective if the Agriculture and Food Act of 1981 is enacted 
(either before or after the enactment of this Act) and contains 
the same amendments.

-----------------------------------------------------------------------
    \4\ Subsecs. (a) and (b) of sec. 403 contained amendments to Public 
Law 83-480. The Agriculture and Food Act of 1981, referred to in 
subsec. (c) was enacted on December 22, 1981 (Public Law 97-98; 95 
Stat. 1213), and contained the same amendments as sec. 403. The 
amendments made by subsecs. (a) and (b), therefore, did not come into 
force.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                   TITLE V--OTHER ASSISTANCE PROGRAMS

        *        *        *        *        *        *        *        

                    international narcotics control

    Sec. 502. (a)(1) \5\ * * *

-----------------------------------------------------------------------
    \5\ Par. (1) amended sec. 481(d) of the FA Act of 1961.
-----------------------------------------------------------------------

    (2) \6\ Assistance provided from funds appropriated, before 
the enactment of this Act, to carry out section 481 of the 
Foreign Assistance Act of 1961 may be made available for 
purposes prohibited by subsection (d) of such section as in 
effect immediately before the enactment of this subsection.

-----------------------------------------------------------------------
    \6\ 22 U.S.C. 2291 note.
-----------------------------------------------------------------------

    (3) \6\ Funds appropriated for the fiscal year 1980 to 
carry out section 481 of the Foreign Assistance Act of 1961 
which were obligated for assistance for the Republic of 
Colombia may be used for purposes other than those set forth in 
section 482(a)(2) of that Act as in effect immediately before 
the enactment of the International Security and Development 
Cooperation Act of 1980.
    (4) \6\ Paragraphs (2) and (3) of this subsection shall 
apply only to the extent provided in advance in an 
appropriations Act. For such purpose, the funds described in 
those paragraphs are authorized to be made available for the 
purposes specified in those paragraphs.

        *        *        *        *        *        *        *        

                         TITLE VI--PEACE CORPS

                 establishment as an independent agency

    Sec. 601. (a) \7\ * * *

-----------------------------------------------------------------------
    \7\ Sec. 601(a) amended the Peace Corps Act by adding a new sec. 2A 
providing for the Peace Corps as an independent agency. For text, see 
Legislation on Foreign Relations Through 1997, vol. I-B.
-----------------------------------------------------------------------

    (b) \8\ * * *

-----------------------------------------------------------------------
    \8\ For text of freestanding provisions of sec. 601, see 
Legislation on Foreign Relations Through 1997, vol. I-B.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

 restoration of certain authorities formerly contained in the foreign 
                              service act

    Sec. 604. (a) \9\ * * *

-----------------------------------------------------------------------
    \9\ Sec. 604(a) amended sec. 10 of the Peace Corps Act by adding 
new subsecs. (i) and (j). For text, see Legislation on Foreign 
Relations Through 1997, vol. I-B.
-----------------------------------------------------------------------

    (b) \10\ * * *

-----------------------------------------------------------------------
    \10\ Sec. 604(b) amended sec. 5(h) of the Peace Corps Act. For 
text, see Legislation on Foreign Relations Through 1997, vol. I-B.
-----------------------------------------------------------------------

    (c) \11\ * * *

-----------------------------------------------------------------------
    \11\ For text of sec. 604(c), see Legislation on Foreign Relations 
Through 1997, vol. I-B.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                  TITLE VII--MISCELLANEOUS PROVISIONS

        *        *        *        *        *        *        *        

                           inspector general

    Sec. 705.\12\ * * *

-----------------------------------------------------------------------
    \12\ Sec. 705 amended sec. 2 and 11 of and added a new sec. 8A to 
the Inspector General Act of 1978 (Public Law 95-452; 99 Stat. 1101). 
Sec. 705 also amended the FA Act of 1961 to conform with the new sec. 
8A.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

          emergency humanitarian help for the people of poland

    Sec. 708. (a) The people of Poland, with whom the people of 
the United States have a longstanding friendship, now face 
serious domestic food shortages which will be worsened by 
large-scale loss of their livestock this winter if feed 
supplies do not arrive quickly. Therefore, the President is 
urged, for urgent humanitarian reasons, to use existing 
authorities promptly in order to provide to the people of 
Poland, under as favorable terms as possible, feed grains from 
Commodity Credit Corporation stocks or other appropriate 
commodities.
    (b) For the longer term, the President is encouraged to 
pursue discussions with other Western countries about a 
multilateral effort to help the people of Poland achieve self-
sustaining economic recovery in the years ahead.
    (c) \13\ * * *

-----------------------------------------------------------------------
    \13\ Subsec. (c) amended the Foreign Assistance Act of 1961 by 
adding a new sec. 540 providing $5,000,000 for Poland during fiscal 
year 1982.
-----------------------------------------------------------------------

                    use of certain polish currencies

    Sec. 709. (a) Notwithstanding section 1415 of the 
Supplemental Appropriation Act, 1953, section 508 of the 
General Government Matters, Department of Commerce, and Related 
Agencies Appropriation Act, 1962, or any other provision of 
law, the currencies or credits received by the United States 
from the April 1981 sale and from the October 1981 sale of 
United States Government-held surplus dairy products to Poland 
shall, to such extent as may be provided in advance in an 
appropriation Act, be used by the President in Poland to serve 
United States interests, including use for activities of common 
benefit to the people of the United States and the people of 
Poland, such as joint programs in energy, agriculture, 
education, science, health, and culture, or for humanitarian 
activities.
    (b) Notwithstanding any other provision of law, the 
availability or expenditure of such foreign currencies or 
credits shall not affect or reduce appropriations otherwise 
available for the purposes described in subsection (a).

                   findings regarding global security

    Sec. 710. (a) The Congress finds that the security of the 
United States and other countries is increasingly affected by a 
broad range of global problems including shortages or potential 
shortages of food, oil, water, wood, and other basic mineral 
and natural resources; desperate poverty; sickness; population 
pressures; environmental deterioration, including soil erosion 
and water pollution; and large-scale and destabilizing refugee 
problems.
    (b) The Congress finds that hunger, disease, and extreme 
poverty are among the most critical of these global problems. 
As ever greater numbers of people perceive the disparity 
between their own continuing deprivation and the prosperity of 
others, and judge their predicament to be neither just nor 
inevitable, it becomes increasingly likely that there will be 
unrest and violence with consequent disruption of the flow of 
essential materials, adverse effects on the world economy, 
decreased likelihood of cooperative efforts toward meeting the 
other critical problems threatening national and global 
security, and increased likelihood of confrontation between 
nations which possess nuclear arms.
    (c) Therefore, the Congress finds that the Nation's 
understanding of global and national security must be broad 
enough to include the problems cited in this section, and that 
adequate protection of the security of the United States 
requires effective action on these global problems, and in 
particular on the problems of hunger, disease, and extreme 
poverty.

                      world food security reserves

    Sec. 711. (a) The Congress finds that--
          (1) the Congress recently passed and the President 
        signed into law an Act which provides for establishment 
        of a United States food security reserve of up to four 
        million metric tons of wheat to be used for emergency 
        food assistance;
          (2) the food import needs of developing countries 
        will increase over the next ten years; and
          (3) other grain exporting countries could take 
        additional steps to assure continuity of food 
        assistance during food crisis years.
    (b) The President shall encourage other grain exporting 
countries to establish their own food security reserves or take 
other measures that complement the United States food security 
reserve.
    (c) The President shall report to the Speaker of the House 
of Representatives and the Committee on Foreign Relations of 
the Senate within one year after the enactment of this Act on 
the actions he has taken and the response of other countries to 
these proposals.

       findings and declaration of policy regarding world hunger

    Sec. 712. The Congress, affirming the value of human life, 
finds and declares that the elimination of hunger and its 
causes is of fundamental moral significance and, further, that 
it is in the political, economic, and security interests of the 
United States. Therefore, the Congress declares that the 
elimination of hunger and its causes shall be a primary 
objective of United States relations with the developing 
countries.

          reaffirmation of support for human rights provisions

    Sec. 713. (a) The Congress reaffirms its support for the 
various statutory provisions which have been enacted in order 
to promote internationally recognized human rights.
    (b) It is the sense of the Congress that a strong 
commitment to the defense of human rights should continue to be 
a central feature of United States foreign policy.

                       immigrant visas for taiwan

    Sec. 714.\14\ The approval referred to in the first 
sentence of section 202(b) of the Immigration and Nationality 
Act shall be considered to have been granted with respect to 
Taiwan (China).

-----------------------------------------------------------------------
    \14\ 8 U.S.C. 1152 note.
-----------------------------------------------------------------------

                                lebanon

    Sec. 715. It is the sense of the Congress that the 
Government of the United States should continue to support 
diplomatic efforts to resolve the current crisis in Lebanon, 
and to pursue a comprehensive and coordinated policy in Lebanon 
guided by the following principles:
          (1) maintenance of an effective cease-fire throughout 
        Lebanon;
          (2) resolution of the issue of the Syrian missiles 
        deployed in Lebanon;
          (3) freedom, security, and opportunity for the 
        Christian and all other Lebanese communities, including 
        the Moslem, Druze, Armenian, and Jewish communities in 
        Lebanon;
          (4) reaffirmation of the historic United States-
        Lebanon relationship and strengthening the longstanding 
        commitment of the United States to the independence, 
        sovereignty, and territorial integrity of Lebanon, 
        without partition, free from terrorism and violence, 
        and free to determine its future without Soviet or 
        other outside interference;
          (5) generous international support for relief, 
        rehabilitation, and humanitarian assistance for 
        Lebanon, particularly for those Lebanese citizens who 
        have suffered from the terrorism and violence of recent 
        events;
          (6) restoration of Lebanon's sovereignty free from 
        outside domination or occupation; and
          (7) support for a free and open national election.

                   use of chemical and toxin weapons

    Sec. 716. (a) The Congress condemns the use of, and the 
provision for use of, chemical agents and toxin weapons against 
the peoples of Laos, Kampuchea, or Afghanistan.
    (b) It is the sense of the Congress that the President 
should, acting through the Permanent Representative of the 
United States to the United Nations and all other appropriate 
diplomatic agents, seek definite measures to bring to an end 
actions by any party or government in using, and providing for 
use, chemical agents or toxin weapons against the peoples of 
Laos, Kampuchea, and Afghanistan, in violation of the spirit 
and the provisions of--
          (1) the Convention on the Prohibition of the 
        Development, Production and Stockpiling of 
        Bacteriological (Biological) and Toxin Weapons and on 
        Their Destruction (done at Washington, London, and 
        Moscow on April 10, 1972); \15\

-----------------------------------------------------------------------
    \15\ For text, see Legislation on Foreign Relations Through 1988, 
vol. V, sec. F.
-----------------------------------------------------------------------

          (2) the Protocol for the Prohibition of the Use in 
        War of Asphyxiating, Poisonous or Other Gases, and of 
        Bacteriological Methods of Warfare (signed at Geneva on 
        June 17, 1925); \15\ and
          (3) customary international law.
    (c) It is further the sense of Congress that the President 
should--
          (1) allocate the highest possible priority to the 
        development of further evidence clarifying the nature 
        and origins of the chemical agents and toxin weapons 
        being used against the peoples of Laos, Kampuchea, and 
        Afghanistan; and
          (2) vigorously seek a satisfactory explanation from 
        the Government of the Soviet Union regarding the strong 
        circumstantial and presumptive evidence of its role in 
        the use, or provision for use, of such weapons.
    (d) The Congress reiterates the concern expressed in House 
Resolution 644 (96th Congress), adopted by the House of 
Representatives on May 19, 1980, regarding the outbreak of 
pulmonary anthrax near Sverdlosk on April 3, 1979, and 
expresses its disappointment that the Soviet Union has failed 
adequately to respond to requests for data explaining this 
incident as provided in the Convention on the Prohibition of 
the Development, Production and Stockpiling of Bacteriological 
(Biological) and Toxin Weapons and on Their Destruction.
    (e) It is further the sense of Congress that the 
negotiation of a treaty prohibiting the development, 
production, and stockpiling of chemical weapons, with reliable 
verification provisions, should be given a high priority by the 
United States Government and by all foreign governments.

            financial obligations \16\ to the united nations

    Sec. 717. (a) The Congress finds and declares that--

-----------------------------------------------------------------------
    \16\ Sec. 701(1) of the FRIENDSHIP Act (Public Law 103-199; 103 
Stat. 2317) struck out ``of the soviet union'' from the section 
heading.
-----------------------------------------------------------------------

          (1) the financing of the United Nations is the 
        collective responsibility of all member nations;
          (2) the International Court of Justice has determined 
        that the expenses of the United Nations incurred in its 
        peacekeeping operations are properly included as a part 
        of the regular expenses of the United Nations; and \17\

-----------------------------------------------------------------------
    \17\ Sec. 701(2) of the FRIENDSHIP Act (Public Law 103-199; 103 
Stat. 2317) inserted ``and'' at the end of paragraph (2), replaced ``; 
and'' at the end of para. (3) with a period, and struck out para. (4), 
which had read as follows:
    ``(4) the Government of the Union of Soviet Socialist Republics is 
currently $180,000,000 in arrears on its payments to the United 
Nations, primarily as a result of its refusal to pay for the 
peacekeeping operations of the United Nations.''.
-----------------------------------------------------------------------

          (3) peacekeeping operations are vital to the mission 
        of the United Nations and must be adequately financed 
        if such operations are to continue.\17\
    (b) It is the sense of the Congress that the President, 
acting through the Permanent Representative of the United 
States to the United Nations, should undertake appropriate 
diplomatic initiatives to ensure that members of the United 
Nations make payments of all their outstanding financial 
obligations to the United Nations, including their \18\ 
assessments with respect to the peacekeeping operations of the 
United Nations.

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    \18\ Sec. 701(3) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2317) struck out ``a diplomatic initiative to obtain payment by 
the Government of the Union of Soviet Socialist Republics of all its 
outstanding financial obligations to the United Nations, including 
its'' and inserted in lieu thereof ``appropriate diplomatic initiatives 
to ensure that members of the United Nations make payments of all their 
outstanding financial obligations to the United Nations, including 
their''.
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   condemnation of libya for its support of international terrorist 
                               movements

    Sec. 718. (a) The Congress condemns the Libyan Government 
for its support of international terrorist movements, its 
efforts to obstruct positive movement toward the peaceful 
resolution of problems in the Middle East region, and its 
actions to destabilize and control governments of neighboring 
states in Africa.
    (b) The Congress believes that the President should conduct 
an immediate review of concrete steps the United States could 
take, individually and in concert with its allies, to bring 
economic and political pressure on Libya to cease such 
activities, and should submit a report on that review to the 
Congress within one hundred and eighty days after the date of 
enactment of this Act. Such a review should include the 
possibility of tariffs on or prohibitions against the import of 
crude oil from Libya.

united states citizens acting in the service of international terrorism

    Sec. 719. (a) It is the sense of the Congress that the 
spread of international terrorism poses a grave and growing 
danger for world peace and for the national security of the 
United States. As a part of its vigorous opposition to the 
activities of international terrorist leaders and the increase 
of international terrorism, the United States should take all 
steps necessary to ensure that no United States citizen is 
acting in the service of terrorism or of the proponents of 
terrorism.
    (b) Not later than six months after the enactment of this 
Act, the President shall submit to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign 
Relations of the Senate a report which includes--
          (1) a description of all legislation, currently in 
        force, and of all administrative remedies, presently 
        available, which can be employed to prevent the 
        involvement, service, or participation by United States 
        citizens in activities in support of international 
        terrorism or terrorist leaders;
          (2) an assessment of the adequacy of such legislation 
        and remedies, and of the enforcement resources 
        available to carry out such measures, to prevent the 
        involvement, service, or participation by United States 
        citizens in activities in support of international 
        terrorism or terrorist leaders; and
          (3) a description of available legislative and 
        administrative alternatives, together with an 
        assessment of their potential impact and effectiveness, 
        which could be enacted or employed to put an end to the 
        participation of United States citizens in activities 
        in support of international terrorism or terrorist 
        leaders.

                          nonaligned countries

    Sec. 720. (a) In considering whether to provide assistance, 
make sales, extend credits, or guarantee loans under the 
provisions of the Foreign Assistance Act of 1961, as amended, 
or the Arms Export Control Act, to any country represented at 
the Meeting of Ministers of Foreign Affairs and Heads of 
Delegations of the Non-Aligned Countries to the 36th General 
Session of the General Assembly of the United Nations on 
September 25 and 28, 1981, the President shall take into 
account whether such country has dissociated itself from the 
communique issued following the meeting.
    (b) Within thirty days after the date of enactment of this 
section, the President shall submit a report to the Speaker of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate on the countries which have dissociated 
themselves from the nonaligned countries communique and on 
their methods of dissociation.

   promoting the development of the haitian people and providing for 
                     orderly emigration from haiti

    Sec. 721.\19\ (a)(1) It is the sense of the Congress that 
up to $15,000,000 of the funds available for the fiscal year 
1982 to carry out chapter 1 of part I of the Foreign Assistance 
Act of 1961 should be made available for development assistance 
for Haiti, subject to the limitation in subsection (b) of this 
section.

-----------------------------------------------------------------------
    \19\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------

    (2) To the maximum extent practicable, assistance for Haiti 
for the fiscal year 1982 under chapter 1 of part I of the 
Foreign Assistance Act of 1961 should be provided through 
private and voluntary organizations.
    (b) Funds available for the fiscal year 1982 to carry out 
chapter 1 of part I or chapter 2 or chapter 5 of part II of the 
Foreign Assistance Act of 1961 may be expended for Haiti, and 
credits and guarantees extended for the fiscal year 1982 under 
the Arms Export Control Act may be approved for use for Haiti, 
only if the President determines that the Government of Haiti--
          (1) is cooperating with the United States in halting 
        illegal emigration from Haiti:
          (2) is not aiding, abetting, or otherwise supporting 
        illegal emigration from Haiti;
          (3) has provided assurances that it will cooperate 
        fully in implementing United States development 
        assistance programs in Haiti (including programs for 
        prior fiscal years); and
          (4) is not engaged in a consistent pattern of gross 
        violations of internationally recognized human rights.
    (c) Six months after the date of enactment of this Act, the 
President shall prepare and transmit to the Congress a report 
on the extent to which the actions of the Government of Haiti 
are consistent with paragraphs (1), (2), (3), and (4) of 
subsection (b) of this section.
    (d) Notwithstanding the limitations of section 660 of the 
Foreign Assistance Act of 1961, funds made available under such 
Act for the fiscal year 1982 and for the fiscal year 1983 may 
be used for programs with Haiti to assist in halting 
significant illegal emigration from Haiti to the United States.

              comprehensive analysis of foreign assistance

    Sec. 722. (a) It is the sense of Congress that at a time 
when major retrenchments and reappraisals are being made in 
domestic programs, it is also logical that, while maintaining 
past international commitments, the magnitude and direction of 
future foreign assistance programs should also be reviewed. As 
part of such a review process, the President is requested to 
provide a comprehensive report to the Congress on his approach 
to foreign assistance. Such report shall include an analysis 
and recommendations on the following issues:
          (1) the relationship between foreign assistance and 
        defense expenditures as means of conducting foreign 
        policy;
          (2) the appropriate mix between military and economic 
        assistance;
          (3) the strengths and weaknesses, and appropriate 
        mix, of bilateral and multilateral assistance programs;
          (4) the relevance of the basic human needs approach 
        to current aid policy;
          (5) the performance of other aid donors, and the 
        benefits they derive from their programs;
          (6) criteria for determining the appropriate size and 
        composition of country programs;
          (7) the appropriateness of the current mix of grants 
        and loans, and the possibility of combining them with 
        new or existing guarantee, insurance, and export credit 
        programs;
          (8) specific means to more actively engage the 
        private sector in assistance programs; and
          (9) the usefulness of current functional categories 
        in constructing the development assistance budget.
    (b) The Congress requests that the President provide to the 
Congress a preliminary report by March 31, 1982, and a final 
report by June 30, 1982, with respect to the issues referred to 
in subsection (a).

           external debt burdens of egypt, israel, and turkey

    Sec. 723. The Congress finds that the Governments of Egypt, 
Israel, and Turkey each have an enormous external debt burden 
which may be made more difficult by virtue of financing 
provided for those governments under various United States 
assistance programs. In order to assist the Congress in 
examining United States assistance for these countries, the 
President shall report to the Speaker of the House of 
Representatives and to the chairman of the Committee on Foreign 
Relations of the Senate, not later than one hundred and twenty 
days after the date of enactment of this Act and not later than 
one year after the date of enactment of this Act, regarding 
economic conditions prevailing in Egypt, Israel, and Turkey 
which may affect their respective ability to meet their 
international debt obligations and to stabilize their 
economies. These reports shall also analyze the impact on 
Egypt's economy of Arab sanctions against Egypt.

                               nicaragua

    Sec. 724. (a) In furnishing assistance under this Act to 
the Government of Nicaragua, the President shall take into 
account the extent to which that Government has engaged in 
violations of internationally recognized human rights 
(including the right to organize and operate labor unions free 
from political oppression, the right to freedom of the press, 
and the right to freedom of religion) and shall encourage the 
Government of Nicaragua to respect those rights.
    (b) In furnishing assistance under this Act to the 
Government of Nicaragua, the President shall take into account 
the extent to which that Government has fulfilled its pledge of 
July 1979 to the member states of the Organization of American 
States--
          (1) to establish full respect for human rights in 
        Nicaragua in accordance with the United Nations 
        Universal Declaration of the Rights and Duties of Man 
        and the Charter on Human Rights of the Organization of 
        American States;
          (2) to allow the free movement in Nicaragua of the 
        Inter-American Commission on Human Rights; and
          (3) to establish the framework for free and 
        democratic elections so that the people of Nicaragua 
        may elect their representatives to city councils, to 
        constitutional assembly, and to Nicaragua's highest-
        ranking authorities, with such framework to include, 
        but not be limited to, the full and complete 
        opportunity for political activity of the Nicaraguan 
        people.
    (c) Assistance to the Government of Nicaragua under this 
Act shall be terminated if the President determines and reports 
to the Congress that the Government of Nicaragua cooperates 
with or harbors any international terrorist organization or is 
aiding, abetting, or supporting acts of violence or terrorism 
in other countries, or that Soviet, Cuban, or other foreign 
combat military forces are stationed or situated within the 
borders of Nicaragua and the presence of such forces 
constitutes a threat to the national security of the United 
States or to any Latin American ally of the United States.
    (d) Any agreement between the United States and the 
Government of Nicaragua regarding the use of funds appropriated 
to carry out this Act, which are to be made available in the 
form of loans, shall specifically require that to the maximum 
extent possible such loan funds, and any local currency 
generated in conjunction therewith, shall be used for 
assistance to the private sector. Local currency loan programs 
in Nicaragua shall be monitored and audited in accordance with 
section 624(g) of the Foreign Assistance Act of 1961.
    (e) For each six-month period in which any funds are 
expended under this Act for Nicaragua, the President shall 
submit to the Speaker of the House of Representatives, and the 
chairman of the Committee on Foreign Relations of the Senate, a 
report accounting fully and in itemized detail for the amounts 
obligated and actually expended in Nicaragua.
    Sec. 725.\20\ Assistance and Sales for Argentina * * * 
[Repealed--1989]

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    \20\ Title V of Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 
101-162; 103 Stat. 1030) repealed sec. 725 (22 U.S.C. 2370 note). Sec. 
725 had (a) repealed sec. 620B of the Foreign Assistance Act of 1961, 
and (b) required the President to provide to Congress a detailed report 
certifying that (1) the Government of Argentina made significant 
progress in complying with internationally recognized principles of 
human rights; and (2) the provision of such assistance, credits, loan 
guarantees, defense articles, defense services, or export licenses was 
in the national interests of the United States, as a condition for 
those forms of assistance listed in par. (2).
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repeal of limitations on assistance, sales, and sales credits for chile

    Sec. 726. (a) Section 406 of the International Security 
Assistance and Arms Export Control Act of 1976 (22 U.S.C. 2370 
note) is repealed.
    (b) \21\ Notwithstanding any other provision of law--

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    \21\ 22 U.S.C. 2370 note. Sec. 544(a) of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1991 (Public 
Law 101-513; 104 Stat. 2019), continued for fiscal year 1992 by Public 
Law 102-145, provided the following:

                                ``chile

    ``Sec. 544. (a) Funds appropriated by this Act under the heading 
`Economic Support Fund' may be used under the authority of section 
534(b) (4) and (6) of the Foreign Assistance Act of 1961 to support the 
efforts of private groups and individuals seeking to develop a national 
consensus on the importance of an independent judiciary and the 
administration of justice generally in a democratic society. Assistance 
may be provided under this section without regard to the requirements 
of section 726(b) of the International Security and Development 
Cooperation Act of 1981.''.
    In Public Notice 1333 of September 30, 1990, the Secretary of State 
certified that ``(A) the Government of Chile has made significant 
progress in complying with internationally recognized principles of 
human rights; (B) the provision of the assistance, articles and 
services described in provisions (1)-(4) of sections 726(b) of the Act 
to Chile is in the national interest of the United States; and (C) the 
Government of Chile is not aiding or abetting international terrorism 
and has taken appropriate steps to cooperate to bring to justice by all 
legal means available in the United States or Chile those indicted by a 
United States grand jury in connection with the murders of Orlando 
Letelier and Ronni Moffitt.'' (56 F.R. 4886; February 6, 1991).
    See also 22 CFR Part 126, International Traffic in Arms 
Regulations, and amendments to same, effective October 29, 1991 (56 
F.R. 55630; October 29, 1991).
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          (1) no assistance may be furnished under chapter 2, 
        4, 5, or 6 of part II of the Foreign Assistance Act of 
        1961 to Chile;
          (2) no sale of defense articles or services may be 
        made under the Arms Export Control Act to Chile:
          (3) no credits (including participation in credits) 
        may be extended and no loan may be guaranteed under the 
        Arms Export Control Act with respect to Chile; and
          (4) no export licenses may be issued under section 38 
        of the Arms Export Control Act to or for the Government 
        of Chile;
unless and until the President submits to the Speaker of the 
House of Representatives and the chairman of the Committee on 
Foreign Relations of the Senate a detailed report certifying--
          (A) that the Government of Chile has made significant 
        progress in complying with internationally recognized 
        principles of human rights;
          (B) that the provision of such assistance, articles 
        or services is in the national interest of the United 
        States; and
          (C) that the Government of Chile is not aiding or 
        abetting international terrorism and has taken 
        appropriate steps to cooperate to bring to justice by 
        all legal means available in the United States or Chile 
        those indicted by a United States grand jury in 
        connection with the murders of Orlando Letelier and 
        Ronni Moffitt.
    (c) \22\ The prohibition contained in subsection (b) does 
not prohibit the sale, or the licensing for export, of 
cartridge actuated devices, propellant actuated devices, 
components, parts, tools, technical manuals, time compliance to 
technical orders (TCTOs), or TCTO retrofits for aircraft of the 
F-5E/F, A/T-37, or C-130E/H type owned by the Chilean Air 
Force,\23\ so long as the items are provided only for purposes 
of enhancing the safety of the aircraft crew.

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    \22\ Subsec. (c) was added by sec. 715 of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 247).
    \23\ Sec. 544(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2019), struck out ``and technical manuals for aircraft of the F-
5E/F or A/T-37 type which were sold to the Chilean Air Force by the 
United States before January 1, 1976'', and inserted in lieu thereof 
text beginning at ``components, parts, tools, * * *''.
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                       assistance for el salvador

    Sec. 727. (a) It is the sense of the Congress that 
assistance furnished to the Government of El Salvador, both 
economic and military, should be used to encourage--
          (1) full observance of internationally recognized 
        human rights in accordance with sections 116 and 502B 
        of the Foreign Assistance Act of 1961;
          (2) full respect for all other fundamental human 
        rights, including the right of freedom of speech and of 
        the press, the right to organize and operate free labor 
        unions, and the right to freedom of religion;
          (3) continued progress in implementing essential 
        economic and political reforms, including land reform 
        and support for the private sector;
          (4) a complete and timely investigation of the deaths 
        of all United States citizens killed in El Salvador 
        since October 1979;
          (5) an end to extremist violence and the 
        establishment of a unified command and control of all 
        government security forces in this effort;
          (6) free, fair, and open elections at the earliest 
        date; and
          (7) increased professional capability of the 
        Salvadoran Armed Forces in order to establish a 
        peaceful and secure environment in which economic 
        development and reform and the democratic processes can 
        be fully implemented, thereby permitting a phased 
        withdrawal of United States military training and 
        advisory personnel at the earliest possible date.
    (b) It is the sense of the Congress that the United States 
economic assistance to El Salvador should put emphasis on 
revitalizing the private sector and supporting the free market 
system. The Congress recognizes that the lack of foreign 
exchange to buy imported raw materials and intermediate goods 
is a major impediment to the ability of the Salvadoran economy 
to provide jobs. The Congress also recognizes that the funds 
budgeted for economic assistance are only a fraction of the 
foreign exchange needed, and United States economic aid should 
be used, wherever possible, to stimulate private sector 
lending. Therefore, the Congress urges the President to set 
aside a portion of the economic support funds to provide 
guarantees to private United States banks willing to give 
credits to the Salvadoran private sector.

      restrictions on military assistance and sales to el salvador

    Sec. 728.\21\ (a)(1) The Congress finds that peaceful and 
democratic development in Central America is in the interest of 
the United States and of the community of American States 
generally, that the recent civil strife in El Salvador has 
caused great human suffering and disruption to the economy of 
that country, and that substantial assistance to El Salvador is 
necessary to help alleviate that suffering and to promote 
economic recovery within a peaceful and democratic process. 
Moreover, the Congress recognizes that the efforts of the 
Government of El Salvador to achieve these goals are affected 
by the activities of forces beyond its control.
    (2) Taking note of the substantial progress made by the 
Government of El Salvador in land and banking reforms, the 
Congress declares it should be the policy of the United States 
to encourage and support the Government of El Salvador in the 
implementation of these reforms.
    (3) The United States also welcomes the continuing efforts 
of President Duarte and his supporters in the Government of El 
Salvador to establish greater control over the activities of 
members of the armed forces and government security forces. The 
Congress finds that it is in the interest of the United States 
to cooperate with the Duarte government in putting an end to 
violence in El Salvador by extremist elements among both the 
insurgents and the security forces, and in establishing a 
unified command and control of all government forces.
    (4) The United States supports the holding of free, fair, 
and open elections in El Salvador at the earliest date. The 
Congress notes the progress being made by the Duarte government 
in this area, as evidenced by the appointment of an electoral 
commission.
    (b) In fiscal years 1982 and 1983, funds may be obligated 
for assistance for El Salvador under chapter 2 or 5 of part II 
of the Foreign Assistance Act of 1961, letters of offer may be 
issued and credits and guarantees may be extended for El 
Salvador under the Arms Export Control Act, and members of the 
Armed Forces may be assigned or detailed to El Salvador to 
carry out functions under the Foreign Assistance Act of 1961 or 
the Arms Export Control Act, only if not later than thirty days 
after the date of enactment of this Act and every one hundred 
and eighty days thereafter, the President makes a certification 
in accordance with subsection (d).
    (c) If the President does not make such a certification at 
any of the specified times then the President shall 
immediately--
          (1) suspend all expenditures of funds and other 
        deliveries of assistance for El Salvador which were 
        obligated under chapters 2 and 5 of part II of the 
        Foreign Assistance Act of 1961 after the date of 
        enactment of this Act;
          (2) withhold all approvals for use of credits and 
        guarantees for El Salvador which were extended under 
        the Arms Export Control Act after the date of enactment 
        of this Act;
          (3) suspend all deliveries of defense articles, 
        defense services, and design and construction services 
        to El Salvador which were sold under the Arms Export 
        Control Act after the date of enactment of this Act; 
        and
          (4) order the prompt withdrawal from El Salvador of 
        all members of the Armed Forces performing defense 
        services, conducting international military education 
        and training activities, or performing management 
        functions under section 515 of the Foreign Assistance 
        Act of 1961.
Any suspension of assistance pursuant to paragraphs (1) through 
(4) of this subsection shall remain in effect during fiscal 
year 1982 and during fiscal year 1983 until such time as the 
President makes a certification in accordance with subsection 
(d).
    (d) The certification required by subsection (b) is a 
certification by the President to the Speaker of the House of 
Representatives and to the chairman of the Committee on Foreign 
Relations of the Senate of a determination that the Government 
of El Salvador--
          (1) is making a concerted and significant effort to 
        comply with internationally recognized human rights;
          (2) is achieving substantial control over all 
        elements of its own armed forces, so as to bring to an 
        end the indiscriminate torture and murder of Salvadoran 
        citizens by these forces:
          (3) is making continued progress in implementing 
        essential economic and political reforms, including the 
        land reform program;
          (4) is committed to the holding of free elections at 
        an early date and to that end has demonstrated its good 
        faith efforts to begin discussions with all major 
        political factions in El Salvador which have declared 
        their willingness to find and implement an equitable 
        political solution to the conflict, with such solution 
        to involve a commitment to--
                  (A) a renouncement of further military or 
                paramilitary activity; and
                  (B) the electoral process with 
                internationally recognized observers.
Each such certification shall discuss fully and completely the 
justification for making each of the determinations required by 
paragraphs (1) through (4).
    (e) \24\ On making the first certification under subsection 
(b) of this section, the President shall also certify to the 
Speaker of the House of Representatives and the chairman of the 
Committee on Foreign Relations of the Senate that he has 
determined that the Government of El Salvador has made good 
faith efforts both to investigate the murders of the six United 
States citizens in El Salvador in December 1980 and January 
1981 and to bring to justice those responsible for those 
murders. The second certification required under this section 
may be made only if it includes a determination by the 
President that the Government of El Salvador (1) has made good 
faith efforts since the first such certification was made to 
investigate the murders of those six United States citizens and 
to bring to justice those responsible for those murders, and 
(2) has taken all reasonable steps to investigate the 
disappearance of journalist John Sullivan in El Salvador in 
January 1981.\25\ The fourth certification required under this 
section may be made only if it includes a determination by the 
President that, since the third such certification was made, 
the Government of El Salvador (1) has made good faith efforts 
both to investigate the murders of the seven United States 
citizens in El Salvador in December 1980 and January 1981 and 
to bring to justice all those responsible for those murders, 
and (2) has taken all reasonable steps to investigate the 
killing of Michael Kline in El Salvador in October 1982.\26\

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    \24\ By memorandum of August 10, 1982, the President delegated the 
functions conferred upon him under subsec. (e) to the Secretary of 
State (47 F.R. 38099; August 30, 1982).
    \25\ This sentence was added by Public Law 97-233 (96 Stat. 260).
    \26\ This sentence was added by Public Law 98-53 (97 Stat. 287).
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             reporting requirement relating to el salvador

    Sec. 729. (a) Not later than ninety days after the date of 
enactment of this section, the President shall prepare and 
transmit to the Speaker of the House of Representatives and to 
the chairman of the Committee on Foreign Relations of the 
Senate a report setting forth--
          (1) the viewpoints of all major parties to the 
        conflict in El Salvador and of the influential actors 
        in the Salvadoran political system regarding the 
        potential for and interest in negotiations, elections, 
        and a settlement of the conflict; and
          (2) the views of democratic Latin American nations, 
        Canada, the Organization of American States, and 
        European allies of the United States regarding a 
        negotiated settlement to such conflict.
    (b) It is the sense of the Congress that the President 
shall, as soon as possible, send a special envoy or use other 
appropriate means to consult with and gather information from 
appropriate representatives of the parties to the Salvadoran 
conflict, democratic governments of Latin America, Canada, and 
European allies of the United States regarding the attainment 
of a negotiated settlement in El Salvador.

                   restrictions on aid to el salvador

    Sec. 730. None of the funds authorized to be appropriated 
by this Act may be made available for the provision of 
assistance to El Salvador for the purpose of planning for 
compensation, or for the purpose of compensation, for the 
confiscation, nationalization, acquisition, or expropriation of 
any agricultural or banking enterprise, or of the properties or 
stock shares which may be pertaining thereto.

                         el salvadoran refugees

    Sec. 731.\27\ It is the sense of the Congress that the 
administration should continue to review, on a case-by-case 
basis, petitions for extended voluntary departure made by 
citizens of El Salvador who claim that they are subject to 
persecution in their homeland, and should take full account of 
the civil strife in El Salvador in making decisions on such 
petitions.

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    \27\ 8 U.S.C. 1157 note.
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        *        *        *        *        *        *        *        

                                repeals

    Sec. 734. (a) * * *
    (b) * * *
    (c) Except as otherwise explicitly provided by their terms, 
amendments to the Foreign Assistance Act of 1961 and the Arms 
Export Control Act which are applicable only to a single fiscal 
or calendar year or which require reports or other actions on a 
nonrecurring basis shall be deemed to have expired and shall be 
removed from law upon the expiration of the applicable time 
periods for the fulfillment of the required actions.

                      report on nuclear activities

    Sec. 735. Beginning with the fiscal year 1983 and for each 
fiscal year thereafter, the President shall prepare and 
transmit to the Congress, as part of the presentation materials 
for foreign assistance programs proposed for the fiscal year, a 
classified report describing the nuclear programs and related 
activities of any country for which a waiver of section 669 or 
670 of the Foreign Assistance Act of 1961 is in effect, 
including an assessment of--
          (1) the extent and effectiveness of International 
        Atomic Energy Agency safeguards at that country's 
        nuclear facilities; and
          (2) the capability, actions, and intentions of the 
        government of that country with respect to the 
        manufacture or acquisition of a nuclear explosive 
        device.

        *        *        *        *        *        *        *        

   prohibitions relating to nuclear transfers and nuclear detonations

    Sec. 737.\28\ (a) The Congress finds that any transfer of a 
nuclear explosive device to a non-nuclear-weapon state or, in 
the case of a non-nuclear-weapon state, any receipt or 
detonation of a nuclear explosive device would cause grave 
damage to bilateral relations between the United States and 
that country.

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    \28\ 22 U.S.C. 2429a note.
-----------------------------------------------------------------------

    (b) * * *
    (c) * * *



   k. International Security and Development Cooperation Act of 1980

Partial text of Public Law 96-533 [H.R. 6942], 94 Stat. 3131, approved 
   December 16, 1980, as amended by Public Law 97-113 [International 
 Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 
   1519, approved December 29, 1981; Public Law 99-83 [International 
Security and Development Cooperation Act of 1985, S. 960], 99 Stat. 190 
     at 264, approved August 8, 1985; Public Law 100-461 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
  1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988; and by 
 Public Law 101-167 [Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990; H.R. 3743], 103 Stat. 1195, approved 
                           November 21, 1989

_______________________________________________________________________

          Note.--Except for the provisions noted below, the 
        International Security and Development Cooperation Act 
        of 1980 consists of amendments to the Foreign 
        Assistance Act of 1961, the International Development 
        and Cooperation Act of 1979, the Arms Export Control 
        Act, the International Security Assistance and Arms 
        Export Control Act of 1976, the Export Administration 
        Act of 1979, the Department of State Authorization Act, 
        Fiscal Years 1980/1981, Public Law 480, the Peace Corps 
        Act, and the Domestic Volunteer Service Act. These 
        amendments are incorporated into the texts of these 
        Acts at the appropriate locations.

_______________________________________________________________________


    AN ACT To authorize appropriations for the fiscal year 1980 for 
international security and development assistance, the Peace Corps, and 
              refugee assistance, and for other purposes.

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

                              short title

    Section 1. This Act may be cited as the ``International 
Security and Development Cooperation Act of 1980''.

      TITLE I--MILITARY AND RELATED ASSISTANCE AND SALES PROGRAMS

        *        *        *        *        *        *        *        

       foreign military sales authorization and aggregate ceiling

    Sec. 106. (a) * * *
    (b) * * *
    (c) * * *
    (d) \1\ The principal amount of the loans guaranteed under 
section 24(a) of such Act for the fiscal year 1981 with respect 
to Egypt, the Sudan, Greece, and Turkey shall be repaid, and 
with respect to Somalia may be repaid, in not less than twenty 
years, following a grace period of ten years on repayment of 
principal.

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    \1\ 22 U.S.C. 2764.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

    Sec. 108.\2\ Export Controls on Certain Items on the 
Munitions List * * * [Repealed--1981]

-----------------------------------------------------------------------
    \2\ Sec. 108, which had required two reports from the President on 
which defense articles and defense services, if any, should be removed 
from the U.S. Munitions List and whether sec. 620B of the Foreign 
Assistance Act of 1961 (blocking aid and arms sales to Argentina) 
should be amended, was repealed by sec. 734(a)(2) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1560). These reports were submitted to Congress by the President 
on May 12, 1981.
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    Sec. 109.\3\ Leasing of Defense Property * * * [Repealed--
1981]

-----------------------------------------------------------------------
    \3\ Sec. 109, which had required the President to report to 
Congress 30 days prior to leasing defense property to a foreign 
government for a period of more than 6 months, was repealed by sec. 
109(d)(1) of the International Security and Development Cooperation Act 
of 1981 (Public Law 97-113; 95 Stat. 1560). See ch. 6 of the Arms 
Export Control Act for current law concerning leases of defense 
articles.
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           exportation of uranium depleted in the isotope 235

    Sec. 110.\4\ Upon a finding that an export of uranium 
depleted in the isotope 235 is incorporated in defense articles 
or commodities solely to take advantage of high density or 
pyrophoric characteristics unrelated to its radioactivity, such 
exports shall be exempt from the provisions of the Atomic 
Energy Act of 1954 and of the Nuclear Non-Proliferation Act of 
1978 when such exports are subject to the controls established 
under the Arms Export Control Act or the Export Administration 
Act of 1979.

-----------------------------------------------------------------------
    \4\ 22 U.S.C. 2778a.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

    Sec. 118.\5\ Military or Paramilitary Operations in Angola 
* * * [Repealed--1985]

-----------------------------------------------------------------------
    \5\ Sec. 118, titled ``Military or Paramilitary Operations in 
Angola'', was repealed by sec. 811 of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 264). 
Subsec. (e) of the former section repealed an earlier law which placed 
limitations on certain assistance to, and activities in, Angola. Sec. 
118 formerly read as follows:

            ``military or paramilitary operations in angola

    ``Sec. 118.(a) Notwithstanding any other provision of law, no 
assistance of any kind may be provided for the purpose, or which would 
have the effect, of promoting or augmenting, directly or indirectly, 
the capacity of any nation, group, organization, movement, or 
individual to conduct military or paramilitary operations in Angola 
unless and until--
          ``(1) the President determines that such assistance should be 
        furnished in the national security interests of the United 
        States;
          ``(2) the President submits to the Committee on Foreign 
        Affairs of the House of Representatives and the Committee on 
        Foreign Relations of the Senate a report containing--
                  ``(A) a description of the amounts and categories of 
                assistance which he recommends be furnished and the 
                identity of the proposed recipients of such assistance; 
                and
                  ``(B) a certification that he has determined that the 
                furnishing of such assistance is important to the 
                national security interests of the United States and a 
                detailed statement of the reasons supporting such 
                determination; and
          ``(3) the Congress enacts a joint resolution approving the 
        furnishing of such assistance.
    ``(b) If introduced within 30 days after the submission of the 
report required by paragraph (2) of subsection (a), a resolution under 
paragraph (3) of subsection (a) shall be considered in the Senate in 
accordance with the provisions of section 601(b) of the International 
Security Assistance and Arms Export Control Act of 1976 and in the 
House of Representatives in accordance with the procedures applicable 
to the consideration of resolutions of disapproval under section 36(b) 
of the Arms Export Control Act.
    ``(c) The prohibition contained in subsection (a) does not apply 
with respect to assistance which is furnished solely for humanitarian 
purposes.
    ``(d) The provisions of this section may not be waived under any 
other provision of law.
    ``(e) Section 404 of the International Security Assistance and Arms 
Export Control Act of 1976 is repealed.''.
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            prohibition on military assistance to nicaragua

    Sec. 119.\6\ None of the funds authorized to be 
appropriated by this title shall be made available for any aid 
or assistance to Nicaragua.

-----------------------------------------------------------------------
    \6\ 22 U.S.C. 2151 note.
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                    TITLE II--ECONOMIC SUPPORT FUND

        *        *        *        *        *        *        *        

               TITLE III--DEVELOPMENT ASSISTANCE PROGRAMS

        *        *        *        *        *        *        *        

                  assistance to the eastern caribbean

    Sec. 313. (a) The Congress urges the President to use up to 
$7,000,000 for the fiscal year 1981 for bilateral development 
assistance for the countries of the eastern Caribbean.
    (b) \7\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \7\ Subsec. (b), which had required a report from the President by 
February 1, 1981, regarding the implementation of this section, was 
repealed by sec. 734(a)(2) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). 
The President submitted this report on February 6, 1981.
-----------------------------------------------------------------------

                    assistance for equatorial guinea

    Sec. 314. The President is urged to provide up to 
$3,000,000 of the funds authorized to be appropriated for the 
fiscal year 1981 by this title for assistance to Equatorial 
Guinea if he deems that conditions in that country warrant such 
assistance.

                       caribbean development bank

    Sec. 315. Notwithstanding section 620(r) of the Foreign 
Assistance Act of 1961, the President may, after consultation 
with the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the House of Representatives, 
make arrangements at his discretion for the assumption by the 
recipient members of the Caribbean Development Bank of any 
loans made to the Bank under the authority of that Act.

                              world hunger

    Sec. 316. (a) In order to further the purposes of section 
103 of the Foreign Assistance Act of 1961, the Director of the 
United States International Development Cooperation Agency 
shall encourage the ongoing work of private and voluntary 
organizations to deal with world hunger problems abroad. To 
this end, the Director shall help facilitate widespread public 
discussion, analysis, and review of the issues raised by the 
Report of the Presidential Commission on World Hunger of March 
1980, especially the issues raised by the Commission's call for 
increased public awareness of the political, economic, 
technical, and social factors relating to hunger and poverty.
    (b) As a means of carrying out subsection (a), and to 
ensure the effectiveness of private and voluntary organizations 
in dealing with world hunger abroad, the Director is urged to 
provide assistance to private and voluntary organizations 
engaged in facilitating public discussion of hunger and other 
related issues.

                reduction of postharvest losses of food

    Sec. 317.\8\ It is the sense of the Congress that--

-----------------------------------------------------------------------
    \8\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------

          (1) the President should reaffirm the policy of the 
        United States Government to support the goal 
        established by the United Nations General Assembly of 
        reducing by 50 percent postharvest losses of food in 
        developing countries; and
          (2) the President, acting through the Agency for 
        International Development, should increase 
        substantially the proportion of funds made available 
        under the Foreign Assistance Act of 1961 for the 
        purpose of assisting, together with other donor 
        countries and with developing countries, in the 
        reduction of postharvest losses of food in developing 
        countries.

                  TITLE IV--OTHER ASSISTANCE PROGRAMS

        *        *        *        *        *        *        *        

                    international narcotics control

    Sec. 402. (a) * * *
    (b) * * *
    (c) Notwithstanding the provisions of section 482(a)(2) of 
the Foreign Assistance Act of 1961 as in effect immediately 
prior to the enactment of this Act, funds appropriated for the 
fiscal year 1980 to carry out the purposes of section 481 of 
that Act which were obligated for assistance for Colombia may 
be used for fixed-wing aircraft, communications equipment, and 
such other equipment and operational support, including 
aviation services, as are essential to the Colombian anti-
narcotics enforcement program.

        *        *        *        *        *        *        *        

                               east timor

    Sec. 408. It is the sense of the Congress that the 
President should take all appropriate measures to--
          (1) continue to support and encourage relief 
        operations by the Government of Indonesia and by 
        international relief agencies in East Timor;
          (2) assist the Government of Indonesia to facilitate 
        the reuniting of families separated because of 
        developments in recent years in East Timor; and
          (3) encourage the Government of Indonesia to allow 
        access to East Timor by international journalists.

                TITLE V--AFRICAN DEVELOPMENT FOUNDATION

                              short title

    Sec. 501.\9\ This title may be cited as the ``African 
Development Foundation Act''.

-----------------------------------------------------------------------
    \9\ 22 U.S.C. 290h note.
-----------------------------------------------------------------------

                                findings

    Sec. 502.\10\ The Congress finds that--

-----------------------------------------------------------------------
    \10\ 22 U.S.C. 290h.
-----------------------------------------------------------------------

          (1) social and economic development ultimately 
        depends on the active participation of individuals 
        within a society and on the enhancement of 
        opportunities for those individuals;
          (2) the development of individuals and institutions 
        in African countries can benefit by the provision of 
        support for community-based self-help activities;
          (3) by enacting title IX of chapter 2 of part I of 
        the Foreign Assistance Act of 1961, and recent 
        amendments to that Act, the Congress has sought to 
        enable the poor to participate in the process of 
        development;
          (4) the Inter-American foundation, established by 
        Congress in the Foreign Assistance Act of 1969 to 
        support the efforts of the people of Latin America and 
        the Caribbean to solve their development problems, has 
        demonstrated a successful approach to development; and
          (5) an African Development Foundation similar in 
        structure to the Inter-American Foundation, but adapted 
        to the specific needs of Africa, can complement current 
        United States development programs in Africa.

                             establishment

    Sec. 503.\11\ (a) There is established a body corporate to 
be known as the ``African Development Foundation'' (hereafter 
in this title referred to as the ``Foundation'').

-----------------------------------------------------------------------
    \11\ 22 U.S.C. 290h-1.
-----------------------------------------------------------------------

    (b) The Foundation shall establish a principal office in 
the United States and may establish such branch offices in 
Africa as may be necessary to carry out its functions.

                                purposes

    Sec. 504.\12\ (a) In order to enable the people of African 
countries to develop their potential, fulfill their 
aspirations, and enjoy better, more productive lives the 
purposes of the Foundation shall be--

-----------------------------------------------------------------------
    \12\ 22 U.S.C. 290h-2.
-----------------------------------------------------------------------

          (1) to strengthen the bonds of friendship and 
        understanding between the people of Africa and the 
        United States;
          (2) to support self-help activities at the local 
        level designed to enlarge opportunities for community 
        development;
          (3) to stimulate and assist effective and expanding 
        participation process; and
          (4) to encourage the establishment and growth of 
        development institutions which are indigenous to 
        particular countries in Africa and which can respond to 
        the requirements of the poor in those countries.
    (b) The Foundation shall carry out the purposes specified 
in subsection (a) in cooperation with, and response to, 
organizations indigenous to Africa which are representative of 
the needs and aspirations of the poor in Africa and, in 
carrying out such purposes, the Foundation shall, to the extent 
possible, coordinate its development assistance activities with 
the activities of the United States Government and private, 
regional, and international organizations.

                               functions

    Sec. 505.\13\ (a)(1) In order to carry out the purposes set 
forth in section 504, the Foundation may make grants, loans, 
and loan guarantees to any African private or public group 
(including public international organizations),\14\ 
association, or other entity engaged in peaceful activities 
for--

-----------------------------------------------------------------------
    \13\ 22 U.S.C. 290h-3.
    \14\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268-13) added the parenthetical text.
-----------------------------------------------------------------------

          (A) the fostering of local development institutions 
        and the support of development efforts initiated by 
        communities themselves;
          (B) the development of self-evaluation techniques by 
        participants in projects supported under this section, 
        for the purpose of transferring experience gained in 
        such projects to similar development activities;
          (C) development research by Africans and the transfer 
        of development resources, expertise, and knowledge 
        within Africa;
          (D) the procurement of such technical or other 
        assistance as is deemed appropriate by the recipient of 
        such grant, loan, or guarantee, to carry out the 
        purposes of this title; and
          (E) other projects that would carry out the purposes 
        set forth in section 504.
    (2) The total amount of grants, loans and loan guarantees 
that may be made under this section for a project may not 
exceed $250,000.
    (3) The Foundation may disseminate to the American public 
and to United States and multilateral development institutions 
insights gained from African development projects assisted 
under this title.
    (b) In making grants, loans, and loan guarantees under 
subsection (a), the Foundation shall give priority to projects 
which community groups undertake to foster their own 
development and in the initiation, design, implementation, and 
evaluation of which there is the maximum feasible participation 
of the poor. Where appropriate and in keeping with the purposes 
of this title, the Foundation may make such grants, loans, and 
loan guarantees to African entities which are representative 
and knowledgeable of, and sensitive to, the needs and 
aspirations of the poor and which would disburse funds acquired 
under such grants, loans, and loan guarantees to other African 
entities to carry out the purposes of this title.

                                 powers

    Sec. 506.\15\ (a) The Foundation, as a corporation--

-----------------------------------------------------------------------
    \15\ 22 U.S.C. 290h-4.
-----------------------------------------------------------------------

          (1) shall have perpetual succession unless dissolved 
        by an Act of Congress;
          (2) may sue and be sued, complain, and defend, in its 
        corporate name in any court of competent jurisdiction;
          (3) may adopt, alter, and use a seal, which shall be 
        judicially noticed;
          (4) may prescribe, amend, and repeal such rules and 
        regulations as may be necessary for carrying out the 
        functions of the Foundation;
          (5) may make and perform such contracts and other 
        agreements with any individual, corporation, or other 
        private or public entity however designated and 
        wherever situated, as may be necessary for carrying out 
        the functions of the Foundation;
          (6) may determine and prescribe the manner in which 
        its obligations shall be incurred and its expenses 
        allowed and paid, including expenses for representation 
        not exceeding $10,000 in any fiscal year;
          (7) may, as necessary for carrying out the functions 
        of the Foundation, employ and fix the compensation of 
        not to exceed the following number of persons at any 
        one time: 25 during the fiscal year 1981, 50 during the 
        fiscal year 1982, and 75 thereafter;
          (8) may lease, purchase, or otherwise acquire, own, 
        hold, improve, use, or otherwise deal in and with such 
        property (real, personal, or mixed) or any interest 
        therein, wherever situated, as may be necessary for 
        carrying out the functions of the Foundation;
          (9) may accept gifts or donations of services or of 
        property (real, personal, or mixed), tangible or 
        intangible, in furtherance of the purposes of this 
        title;
          (10) may use the United States mails in the same 
        manner and on the same conditions as the executive 
        departments of the Government;
          (11) may, with the consent of any agency of the 
        United States, use the information, services, 
        facilities, and personnel of that agency in carrying 
        out the purposes of this title; and
          (12) shall have such other powers as may be necessary 
        and incident to carrying out this title.
    (b) The Foundation shall be a nonprofit corporation and 
shall have no capital stock. No part of its revenue, earnings, 
or other income or property shall inure to the benefit of any 
of its directors, officers, or employees, and such revenue, 
earnings, or other income or property shall only be used from 
carrying out the purposes of this title. No director, officer, 
or employee of the corporation shall in any manner directly or 
indirectly participate in the deliberation upon or the 
determination of any question affecting his or her personal 
interests or the interests of any corporation, partnership, or 
organization in which he or she is directly or indirectly 
interested.
    (c) The Foundation, including its franchise and income, 
shall be exempt from taxation now or hereafter imposed by the 
United States, by any territory or possession of the United 
States, or by any State, county, municipality, or local taxing 
authority.
    (d) Upon termination of the corporate life of the 
Foundation its assets shall be liquidated and, unless otherwise 
provided by Congress, shall be transferred to the United States 
Treasury as the property of the United States.

                               management

    Sec. 507.\16\ (a)(1) The management of the Foundation shall 
be vested in a board of directors (hereafter in this title 
referred to as the ``Board'') composed of seven members 
appointed by the President, by and with the advice and consent 
of the Senate. The President shall designate one member of the 
Board to serve as Chairperson of the Board and one member to 
serve as Vice Chairperson of the Board. Five members of the 
Board shall be appointed from private life. Two members of the 
Board shall be appointed from among officers and employees of 
agencies of the United States concerned with African affairs. 
All members of the Board shall be appointed on the basis of 
their understanding of and sensitivity to community level 
development processes. Members of the Board shall be appointed 
so that no more than four members of the Board are members of 
any one political party.\17\

-----------------------------------------------------------------------
    \16\ 22 U.S.C. 290h-5.
    \17\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1209) added the last sentence to this section. Title II also 
provided that this amendment ``shall not affect an appointment made to 
the Board prior to the date of enactment of this Act'' [November 21, 
1989].
-----------------------------------------------------------------------

    (2) Members of the Board shall be appointed for terms of 
six years, except that of the members first appointed, as 
designated by the President at the time of their appointment, 
two shall be appointed for terms of two years and two shall be 
appointed for terms of four years. A member of the Board 
appointed to fill a vacancy occurring before the expiration of 
the term for which that member's predecessor was appointed 
shall be appointed only for the remainder of that term. Upon 
the expiration of his or her term a member shall continue to 
serve until a successor is appointed and shall have qualified.
    (b) Members of the Board shall serve without additional 
compensation, but may be reimbursed for actual and necessary 
expenses not exceeding $100 per day, and for transportation 
expenses, while engaged in their duties on behalf of the 
Foundation.
    (c) A majority of the Board shall constitute a quorum.
    (d)(1) The Board of Directors shall appoint a president of 
the Foundation on such terms as the Board may determine. The 
president of the Foundation shall receive compensation at a 
rate not to exceed that provided for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.
    (2) Experts and consultants may be employed by the Board as 
authorized by section 3109 of title 5, United States Code.
    (e)(1) The Board shall establish an advisory council to be 
composed of such number of individuals as may be selected by 
the Board from among individuals knowledgeable about 
development activities in Africa. The advisory council may 
include African recipients of grants, loans, or loan guarantees 
under this title.
    (2) The Board shall, at least once each year, consult the 
advisory council concerning the objectives and activities of 
the Foundation.
    (3) Members of the advisory council shall receive no 
compensation for their services but may be allowed travel and 
other expenses in accordance with section 5703 of title 5, 
United States Code, which are incurred by them in the 
performance of their functions under this subsection.

                   government corporation control act

    Sec. 508.\18\ The Foundation shall be subject to title I of 
the Government Corporation Control Act.

-----------------------------------------------------------------------
    \18\ 22 U.S.C. 290h-6.
-----------------------------------------------------------------------

                    limitation on spending authority

    Sec. 509.\19\ Any authority provided by this title 
involving the expenditure of funds (other than the funds made 
available pursuant to section 510) shall be effective for a 
fiscal year only to such extent or in such amounts as are 
provided in advance in appropriation Acts.

-----------------------------------------------------------------------
    \19\ 22 U.S.C. 290h-7.
-----------------------------------------------------------------------

                    authorizations of appropriations

    Sec. 510.\20\ There are authorized to be appropriated to 
carry out this title, in addition to amounts otherwise 
available for that purpose, $3,872,000 for fiscal year 1986 and 
$3,872,000 for fiscal year 1987. Funds appropriated under this 
section are authorized to remain available until expended.

-----------------------------------------------------------------------
    \20\ 22 U.S.C. 290h-8. The authorizations for fiscal year 1986 and 
fiscal year 1987 were provided by sec. 510 of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83, 99 
Stat. 264). Authorizations for previous years include: fiscal year 
1982--$2,000,000; fiscal year 1983--$2,000,000; fiscal year 1984--
$3,000,000; fiscal year 1985--no authorization; fiscal year 1988--no 
authorization; fiscal year 1989--no authorization; fiscal year 1990--no 
authorization; fiscal year 1991--no authorization; fiscal year 1992--no 
authorization; fiscal year 1993--no authorization; fiscal year 1994--no 
authorization, fiscal year 1995--no authorization; fiscal year 1996--no 
authorization; fiscal year 1997--no authorization.
    Congress did not enact an authorization for fiscal year 1998. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118), waived the requirements 
for authorization, and title II of that Act (111 Stat. 2389) provided 
the following:

                        ``development assistance

                    ``(including transfer of funds)

    ``For necessary expenses to carry out the provisions of sections 
103 through 106 and chapter 10 of part I of the Foreign Assistance Act 
of 1961, title V of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533) and the provisions of 
section 401 of the Foreign Assistance Act of 1969, $1,210,000,000, to 
remain available until September 30, 1999: * * * Provided further, That 
of the amount appropriated under this heading, up to $14,000,000 may be 
made available for the African Development Foundation and shall be 
apportioned directly to that agency: * * *''.
-----------------------------------------------------------------------

    Sec. 511.\21\ Expiration of Authorities * * * [Repealed--
1989]

-----------------------------------------------------------------------
    \21\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1209) repealed sec. 511 (22 U.S.C. 290h-9). Section 511 formerly 
read as follows:
    ``The authority of the Foundation to make grants, loans, and loan 
guarantees and otherwise to carry out the purposes of this title shall 
expire on September 30, 1990, except that this section shall not 
preclude the Foundation from acquiring obligations prior to that date 
which mature subsequent to that date or from assuming liability prior 
to that date as a guarantor of obligations which mature subsequent to 
that date or from continuing as a body corporate and exercising any of 
its powers subsequent to that date for purposes of the orderly 
liquidation of its activities.''.
-----------------------------------------------------------------------

                         TITLE VI--PEACE CORPS

        *        *        *        *        *        *        *        

    Sec. 603.\22\ Utilization of Returned Peace Corps 
Volunteers  * * * [Repealed--1981]

-----------------------------------------------------------------------
    \22\ Sec. 603, which had required a report from the Director of the 
Peace Corps on a plan for more effective utilization of returned Peace 
Corps volunteers, was repealed by sec. 734(a)(2) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1560). The Director submitted this report to Congress on January 
15, 1981.
-----------------------------------------------------------------------

                  TITLE VII--MISCELLANEOUS PROVISIONS

        *        *        *        *        *        *        *        

        interagency group on human rights and foreign assistance

    Sec. 710. It is the sense of the Congress that--
          (1) the Interagency Group on Human Rights and Foreign 
        Assistance has been an effective mechanism for 
        coordinating and implementing United States human 
        rights policies;
          (2) the President should consider establishing the 
        Interagency Group on a more permanent basis;
          (3) the Interagency Group should examine proposals 
        for not only economic assistance but also for security 
        assistance; and
          (4) the President should report his recommendations 
        for strengthening the Interagency Group to the Congress 
        no later than July 1, 1981.

                        peace in the middle east

    Sec. 711.\23\ (a) It is the sense of the Congress that all 
parties to the Arab-Israeli conflict need to reaffirm their 
unequivocal commitment to the peace process in order to achieve 
further progress toward a comprehensive settlement, to 
reinforce the principles of the Camp David accords, and to take 
actions to encourage parties not currently involved in the 
peace process to become active participants in peace efforts.

-----------------------------------------------------------------------
    \23\ 22 U.S.C. 3401 note.
-----------------------------------------------------------------------

    (b) It is further the sense of the Congress that to further 
these goals (1) all parties to the conflict should accept 
Israel's unequivocal right to exist within secure and 
recognized borders; (2) the Governments of Israel and Egypt 
should maintain and strengthen their commitment to the process 
of normalization of relations and continue actions to support 
that commitment; (3) the Governments of Israel and Egypt should 
reaffirm their commitment to United Nations Resolution 242 and 
its applicability, in all its aspects, to territories under 
negotiations; and (4) the governments of countries in the 
Middle East should assure that their policies and actions are 
consistent with the objectives of achieving peace and of 
involving other parties in the peace process.

                         assistance for jordan

    Sec. 712. It is the sense of the Congress that for Jordan 
to receive any funds authorized to be appropriated by this Act, 
it should be judged by the President that Jordan is acting in 
good faith to achieve peace in the Middle East and that the 
expenditure of such funds for Jordan will serve to further 
peace in the Middle East.
    Sec. 713.\24\ External Debt Burdens of Egypt, Israel, 
Portugal, and Turkey  * * * [Repealed--1981]

-----------------------------------------------------------------------
    \24\ Sec. 713, which had required a report from the President 
regarding the economic conditions prevailing in Egypt, Israel, 
Portugal, and Turkey which may affect their respective ability to meet 
their international debt obligations and to stabilize their economies, 
was repealed by sec. 734(a)(2) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). 
The President submitted this report to Congress on January 19, 1981. A 
similar report concerning Egypt, Israel, and Turkey is required by sec. 
723 of Public Law 97-113.
-----------------------------------------------------------------------

    Sec. 714.\25\ Soviet Military Personnel and Activities in 
Cuba * * *  [Repealed--1981]

-----------------------------------------------------------------------
    \25\ Sec. 714, which had required quarterly and annual reports to 
Congress regarding the military capabilities and deployment of Soviet 
military personnel in Cuba and Soviet military assistance to the armed 
forces of Cuba, was repealed by sec. 734(a)(2) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1560).
-----------------------------------------------------------------------

                             cuban refugees

    Sec. 715. (a) The Congress finds that--
          (1) the flow of refugees for political, economic, or 
        other compelling reasons is a growing and world-wide 
        phenomenon;
          (2) the United States represents freedom of thought 
        and action and economic opportunity and has 
        historically played a major role in providing a home to 
        the refugees of the world;
          (3) an orderly and lawful refugee process is 
        necessary for the furtherance of United States domestic 
        well-being;
          (4) continuation of the traditional compassionate and 
        humanitarian policy of the United States regarding 
        entry to its shores of refugees and other victims of 
        oppression is threatened by the precipitate influx of 
        large numbers of Cubans fleeing their country;
          (5) the United States has sought to negotiate with 
        the Government of Cuba to establish a lawful, safe, and 
        orderly process by which Cubans may be allowed to leave 
        their country; and
          (6) the Cuban refugee crisis is a problem of 
        international concern and other nations should 
        contribute to its resolution.
    (b)(1) The Congress urges the President to take the 
necessary steps to encourage and secure greater international 
cooperation with respect to the large number of Cuban natives 
who have recently fled or are attempting to flee Cuba. Such 
steps should include seeking the agreement of other countries 
to admit some of those persons into their respective countries 
and to contribute funds and other assistance for the 
resettlement of those persons.
    (2) In order to encourage countries throughout the world 
which are recipients of United States bilateral and 
multilateral assistance to permit and to help finance the 
resettlement of Cuban and other refugees within their borders, 
the President shall, to the maximum extent feasible, attempt to 
channel such assistance to countries which have demonstrated a 
willingness to provide assistance to Cuban and other refugees.
    (c) It is the sense of the Congress that, in carrying out 
subsection (b)(1), the President should seek the discussion, in 
an appropriate international forum such as the United Nations 
or the Organization of American States, of the situation 
involving the flight of large numbers of Cuban natives from 
Cuba, of the resettlement of Cuban refugees, and of means by 
which a more orderly process may be established to handle 
future crises of a similar nature.

            incarceration and deportation of certain cubans

    Sec. 716.\26\ The Congress finds that the United States 
Government has already incarcerated recently arrived Cubans who 
are admitted criminals, are security threats, or have incited 
civil disturbances in Federal processing facilities. The 
Congress urges the Executive branch, consistent with United 
States law, to seek the deportation of such individuals.

-----------------------------------------------------------------------
    \26\ 8 U.S.C. 1522 note.
-----------------------------------------------------------------------

  prohibition on assistance to the governments of cuba, vietnam, and 
                                cambodia

    Sec. 717. None of the funds authorized to be appropriated 
by this Act may be used to provide assistance to the 
Governments of Cuba, Vietnam, or Cambodia. Nothing in this 
section shall be construed to prohibit food assistance or 
humanitarian assistance which is distributed directly to the 
people of Cambodia.

  cooperation of other governments in the boycott of the 1980 summer 
                        olympic games in moscow

    Sec. 718. In determining the levels of assistance to be 
provided to a foreign government with funds authorized to be 
appropriated by this Act, the President shall take into account 
the position of that government with respect to the United 
States proposed boycott of the 1980 summer Olympic games in 
Moscow.

                          elections in uganda

    Sec. 719. The President shall encourage the holding of 
free, open elections in Uganda and shall, in considering 
assistance for Uganda with funds authorized to be appropriated 
by this Act, take into account whether such elections are held.
    Sec. 720.\27\ Report To Congress On the Implementation of 
the Lancaster House Declaration of Rights in Zimbabwe * * * 
[Repealed--1981]

-----------------------------------------------------------------------
    \27\ Sec. 720, which had required a report from the President every 
60 days during fiscal year 1981 (if Zimbabwe received assistance under 
this Act) regarding the internal situation in Zimbabwe, was repealed by 
sec. 734(a)(2) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

    Sec. 721.\28\ Restriction on Assistance to El Salvador * * 
* [Repealed--1981]

-----------------------------------------------------------------------
    \28\ Sec. 721, which had prohibited the use of assistance for El 
Salvador during fiscal year 1981 for the purpose of planning for 
compensation, or for the purpose of compensation, for the confiscation, 
nationalization, acquisition, or expropriation of any agricultural or 
banking enterprise, or of the properties or stock shares which may be 
pertaining thereto, was repealed by sec. 734(a)(2) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1560).
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            l. International Security Assistance Act of 1979

  Partial text of Public Law 96-92 [H.R. 3173] 93 Stat. 701, approved 
   October 29, 1979, as amended by Public Law 97-113 [International 
 Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 
                1529 at 1560, approved December 29, 1981

_______________________________________________________________________

          Note.--Except for the provisions noted below, the 
        International Security Assistance Act of 1979 consists 
        of amendments to the Foreign Assistance Act of 1961 and 
        the Arms Export Control Act.
_______________________________________________________________________


AN ACT To amend the Foreign Assistance Act of 1961 and the Arms Export 
Control Act to authorize international security assistance programs for 
               fiscal year 1980, and for other purposes.

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

                              short title

    Section 1. This Act may be cited as the ``International 
Security Assistance Act of 1979''.

        *        *        *        *        *        *        *        

         stockpiling of defense articles for foreign countries

    Sec. 6. (a) * * *
    (b) \1\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \1\ Subsec. (b) which had required a report from the President 
regarding the stockpiling authorities for the Republic of Korea, was 
repealed by sec. 734(a)(11) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). 
The President submitted this report to Congress on January 2, 1980.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

 authorization and aggregate ceiling for foreign military sales credits

    Sec. 17. (a) * * *
    (b) \2\ Of the principal amount of loans guaranteed for the 
fiscal year 1980 under section 24 of the Arms Export Control 
Act--

-----------------------------------------------------------------------
    \2\ 22 U.S.C. 2271 note.
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          (1) with respect to Turkey, not to exceed 
        $50,000,000,
          (2) with respect to Greece, not to exceed 
        $42,000,000, and
          (3) with respect to Sudan, not to exceed $25,000,000,
shall be repaid in not less than 20 years, following a grace 
period of 10 years on repayment of principal.

        *        *        *        *        *        *        *        

      national disclosure policy for sensitive weapons technology

    Sec. 20. (a) \3\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \3\ Subsec. (a), which had required a report from the President 
concerning the results of a review of the interagency procedures and 
disclosure criteria used by the U.S. in determining whether sensitive 
weapons technology will be transferred to other countries, was repealed 
by sec. 734(a)(11) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). The 
President submitted this report to Congress on March 25, 1980.
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    (b) * * *

        *        *        *        *        *        *        *        

     transfer of war reserve materiel and other property to taiwan

    Sec. 23.\4\ (a) Notwithstanding any other provision of law, 
during the calendar year 1980 the President is authorized to 
transfer to Taiwan under such terms and conditions as he may 
deem appropriate, such United States war reserve materiel that 
was located on Taiwan on January 1, 1979, as he may determine.

-----------------------------------------------------------------------
    \4\ 22 U.S.C. 3302 note.
-----------------------------------------------------------------------

    (b) Notwithstanding any other provision of law, during the 
calendar years 1979 and 1980 the President is authorized to 
transfer to Taiwan, under such terms and conditions as he may 
deem appropriate, such rights of the United States in property 
(other than war reserve materiel) that was located on Taiwan on 
January 1, 1979, as he may determine.

                      ammunition sold to thailand

    Sec. 24. The Royal Thai Government shall be released from 
its contractual obligation to pay to the United States 
Government such amount as is due on or before October 30, 1979, 
as a condition precedent under the letter of offer accepted by 
the Royal Thai Government on April 12, 1977, to the transfer of 
title to the last increment of United States ammunition stocks 
sold to the Royal Thai Government under such letter of offer 
pursuant to the Memorandum of Agreement of March 22, 1977, 
relating to the storage of ammunition in Thailand.
    Sec. 25.\5\ Assistance for Jordan * * * [Repealed--1981]

-----------------------------------------------------------------------
    \5\ Sec. 25, which had required a determination and report by the 
President that Jordan was acting in good faith to achieve further 
progress toward a comprehensive peace settlement in the Middle East 
before funds could be used for assistance to Jordan during fiscal year 
1980, was repealed by sec. 734(a)(11) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). 
Such a determination was transmitted to Congress on January 10, 1980.
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                             shaba airlift

    Sec. 26. Notwithstanding any other provision of law, the 
President is authorized to make available the services of the 
Department of Defense for the purpose of facilitating the 
removal from Zaire of those foreign armed forces which were 
transported to Zaire by the United States at the time of the 
crisis in Shaba Province in 1978.

         fiscal year 1979 supplemental authorization for turkey

    Sec. 27.\6\ (a) It is hereby determined that the national 
interests of the United States would be served by the 
furnishing of additional economic support fund assistance to 
Turkey in order to promote the economic and political stability 
of that country, and to strengthen its ability to fulfill its 
responsibilities as a member of the North Atlantic Treaty 
Organization.

-----------------------------------------------------------------------
    \6\ 22 U.S.C. 2346c note.
-----------------------------------------------------------------------

    (b) In furtherance of subsection (a) of this section, and 
in addition to amounts otherwise available for such purposes, 
there are authorized to be appropriated to the President to 
carry out the purposes of chapter 4 of part II of the Foreign 
Assistance Act of 1961 $100,000,000 for the fiscal year 1979, 
which amount shall be available only for Turkey.\7\

-----------------------------------------------------------------------
    \7\ Supplemental Appropriations Act, 1979 (Public Law 96-38; 93 
Stat. 102), provided an additional $100,000,000 for the Economic 
Support Fund for Turkey, ``to remain available until expended''.
-----------------------------------------------------------------------

    (c) Amounts appropriated under this section may be made 
available until expended.
    (d) Notwithstanding any assistance authorized for Turkey 
under this Act, it remains the policy of the United States that 
all foreign troops in Cyprus, except those stationed in Cyprus 
under the auspices of the United Nations, should be withdrawn 
from Cyprus.
    (e) It is the sense of the Congress that the recent 
announcement by the leaders of the Greek Cypriots and the 
Turkish Cypriots to resume intercommunal negotiations is an 
encouraging recognition by the parties that the human rights 
and fundamental freedoms of all the citizens of the Republic of 
Cyprus will be respected. The Congress urges all parties to the 
negotiations to demonstrate good faith in the negotiations and 
to move promptly toward a full, just, and lasting settlement.
    Sec. 28.\8\ Prohibition on Assistance to Panama * * * 
[Repealed--1981]

-----------------------------------------------------------------------
    \8\ Sec. 28, which had prohibited assistance to Panama during 
fiscal year 1980 (unless the President determined that such assistance 
was in the U.S. national interest), was repealed by sec. 734(a)(11) of 
the International Security and Development Cooperation Act of 1981 
(Public Law 97-113; 95 Stat. 1560). The President transmitted such a 
determination to Congress on December 28, 1979.
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          m. International Development Cooperation Act of 1979

 Partial text of Public Law 96-53 [H.R. 3324], 93 Stat. 359, approved 
 August 14, 1979, as amended by Public Law 96-465 [Foreign Service Act 
of 1980, H.R. 6790], 94 Stat. 2071 at 2162, approved October 17, 1980; 
 Public Law 96-533 [International Security and Development Cooperation 
 Act of 1980, H.R. 6942], 94 Stat. 3131 at 3148, approved December 16, 
    1980; Public Law 97-113 [International Security and Development 
  Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 1560, approved 
   December 29, 1981; and by Public Law 98-164 [Department of State 
  Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 
                1017 at 1061, approved November 22, 1983

_______________________________________________________________________

          Note.--Except for the provisions noted below, the 
        International Development Cooperation Act of 1979 
        consists of amendments to the Foreign Assistance Act of 
        1961, the International Development and Food Assistance 
        Act of 1978, the International Development and Food 
        Assistance Act of 1977, Public Law 480, Title 5 of the 
        United States Code, and the Peace Corps Act. These 
        amendments are incorporated into the texts of these 
        Acts at the appropriate locations.
_______________________________________________________________________


      AN ACT To authorize appropriations for fiscal year 1980 for 
international development and economic assistance programs and for the 
                  Peace Corps, and for other purposes.

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

                              short title

    Section 1. This Act may be cited as the ``International 
Development Cooperation Act of 1979''.

                    TITLE I--DEVELOPMENT ASSISTANCE

        *        *        *        *        *        *        *        

                international organizations and programs

    Sec. 114. (a) * * *
    (b) Notwithstanding any other provision of law, funds 
appropriated for the fiscal year 1979 to meet the annual 
obligations of membership of the United States in the United 
Nations and its specialized agencies may be made available for 
the furnishing of technical assistance by the United Nations 
and its specialized agencies.
          * * * * * * *
    Sec. 124.\1\ Prohibition on Assistance to Panama * * * 
[Repealed--1981]

-----------------------------------------------------------------------
    \1\ Sec. 124, which had prohibited assistance for Panama during 
fiscal year 1980 unless the President determined that such aid was in 
the national interest, was repealed by sec. 734(a)(3) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

          assistance to latin american and caribbean countries

    Sec. 125.\2\ It is the sense of the Congress that the 
United States should place greater emphasis on public and 
private resources for development programs in Latin America and 
the Caribbean which address problems common to the Western 
Hemisphere. It is further the sense of the Congress that 
provision of such assistance to Latin American and Caribbean 
countries, including transitional developing countries, is 
consistent with the purposes of part I of the Foreign 
Assistance Act of 1961.

-----------------------------------------------------------------------
    \2\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------

           increased contributions for development assistance

    Sec. 126.\2\ In recognition of the rapidly growing economic 
strength and ability to contribute to international development 
and security efforts of other nations, it is the sense of the 
Congress that the President should take all appropriate steps 
to negotiate with those nations with adequate financial 
resources to provide assistance to increase their contributions 
for development assistance through multilateral programs as 
well as through bilateral efforts.

                        TITLE II--FOOD FOR PEACE

        *        *        *        *        *        *        *        

                         III--PEACE CORPS

        *        *        *        *        *        *        *        

    TITLE IV--INSTITUTE FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION

                          statement of policy

    Sec. 401.\3\ As declared by Congress in the Foreign 
Assistance Act of 1961, a principal objective of the foreign 
policy of the United States is the encouragement and sustained 
support of the people of developing countries in their efforts 
to acquire the knowledge and resources essential to development 
and to build the economic, political, and social institutions 
which will improve the quality of their lives. The Congress 
reaffirms the profound humanitarian and foreign policy concerns 
of the United States in the economic and social progress of the 
developing countries and in the alleviation of the worst 
physical manifestations of poverty in these countries.

-----------------------------------------------------------------------
    \3\ 22 U.S.C. 3501.
-----------------------------------------------------------------------

    In furtherance of that objective, the Congress recognizes 
that developing countries require extensive scientific and 
technological capacity in order to deal effectively with their 
development problems, relate to the industrialized nations, and 
constructively participate in the shaping of a stable world 
order.
    It is therefore in the mutual interest of the United States 
and the developing countries to increase scientific and 
technological cooperation and jointly to support long-term 
research on critical problems that impede development and limit 
the efficient use of the world's human, natural, and capital 
resources.

              purposes and establishment of the institute

    Sec. 402.\4\ (a) To strengthen the capacity of the people 
of developing countries to solve their development problems 
through scientific and technological innovation, to foster 
research on problems of development, and to facilitate 
scientific and technological cooperation with developing 
countries, the President is authorized to establish an 
Institute for Scientific and Technological Cooperation 
(hereafter in this title referred to as the ``Institute''), 
which shall be subject to the foreign policy guidance of the 
Secretary of State.

-----------------------------------------------------------------------
    \4\ 22 U.S.C. 3502.
-----------------------------------------------------------------------

    (b) The Institute shall be guided by the policies set forth 
in sections 101 and 102 of the Foreign Assistance Act of 1961 
and shall direct a substantial share of its resources to those 
objectives.

                       functions of the institute

    Sec. 403.\5\ (a) In carrying out its purposes, the 
Institute shall--

-----------------------------------------------------------------------
    \5\ 22 U.S.C. 3503.
-----------------------------------------------------------------------

          (1) assist developing countries to strengthen their 
        own scientific and technological capacity in order for 
        them to undertake the research and experimentation 
        necessary for development;
          (2) support research, in the United States and in 
        developing countries, on critical development problems, 
        with emphasis on research relating to technologies 
        which are labor-intensive or which do not generate 
        additional unemployment or underemployment and with 
        emphasis on those problems which are the greatest 
        impediment to improvement in the lives of the majority 
        of the poor;
          (3) foster the exchange of scientists and other 
        technological experts with developing countries, and 
        other forms of exchange and communication to promote 
        the joint solution of problems of mutual concern to the 
        United States and developing countries;
          (4) advise and assist other agencies of the United 
        States Government in planning and executing policies 
        and programs of scientific and technological 
        cooperation with developing countries;
          (5) facilitate the participation of private United 
        States institutions, businesses, and individuals in 
        scientific and technological cooperation with 
        developing countries; and
          (6) gather, analyze, and disseminate information 
        relevant to the scientific and technological needs of 
        developing countries.
    (b) In carrying out the functions specified in subsection 
(a), the Institute shall take particular care to review all of 
its programs, projects, and other activities to ensure that 
technologies which are developed, utilized, or promoted are 
assessed with regard to minimizing any new problems and that 
participants in such programs, projects, and activities are 
fully aware of the need for such review with respect to any 
technology-related activities for which they are responsible.
    (c) For purposes of carrying out the functions of the 
Institute, the President may utilize, in addition to 
authorities conferred by this title, such authority contained 
in the Foreign Assistance Act of 1961, the Foreign Service Act 
of 1980,\6\ title V of the Foreign Relations Authorization Act, 
Fiscal Year 1979, and title IV of the International Development 
and Food Assistance Act of 1978, as the President deems 
necessary.

-----------------------------------------------------------------------
    \6\ This reference to the Foreign Service Act of 1980 was inserted 
in lieu of a reference to the Foreign Service Act of 1946 by sec. 
2206(11) of Public Law 96-465 (94 Stat. 2162).
-----------------------------------------------------------------------

    (d) The Institute shall carry out its functions in 
consultation and cooperation with the agencies of the United 
States Government, international organizations, and agencies of 
other governments engaged in promoting economic, social, and 
technological development in developing countries.
    (e) The President shall prescribe appropriate procedures to 
assure coordination of the activities of the Institute with 
other activities of the United States Government in furthering 
the use of science and technology in the cause of development.

                          general authorities

    Sec. 404.\7\ (a) To carry out the purposes and functions of 
the Institute, the President may--

-----------------------------------------------------------------------
    \7\ 22 U.S.C. 3504.
-----------------------------------------------------------------------

          (1) make and perform contracts and other agreements 
        with any individual, institution, corporation, or other 
        body of persons however designated, within or outside 
        the United States, and with governments or government 
        agencies, domestic or foreign;
          (2) make advances, grants, and loans to any 
        individual, institution, corporation, or other body of 
        persons however designated, within or outside the 
        United States, and to governments or government 
        agencies, domestic or foreign;
          (3) employ such personnel as necessary and fix their 
        compensation;
          (4) make provision for compensation, transportation, 
        housing, subsistence (or per diem in lieu thereof), and 
        health care or health and accident insurance for 
        foreign nationals engaged in activities authorized by 
        this title while they are away from their homes, 
        without regard to the provisions of any other law;
          (5) accept and use money, funds, property, and 
        services of any kind by gift, devise, bequest, grant, 
        or otherwise in furtherance of the purposes of the 
        Institute;
          (6) acquire by purchase, lease, loan, bequest, or 
        gift and hold and dispose of by sale, lease, loan, or 
        grant, real and personal property of all kinds;
          (7) prescribe, amend, and repeal such rules and 
        regulations as may be necessary to the conduct of the 
        business of the Institute;
          (8) utilize information, services, facilities, 
        officers, and employees of any agency of the United 
        States Government;
          (9) establish a principal office in the United States 
        and such other offices within or outside the United 
        States, as may be necessary;
          (10) make such expenditures as may be necessary for 
        administering the provisions of this title;
          (11) adopt, alter, and use an official seal for the 
        Institute, which shall be judicially noticed; and
          (12) take such other actions as may be necessary and 
        incidental to carrying out the functions of the 
        Institute.
    (b) Any authority provided by this section involving the 
expenditures of appropriated funds shall be effective for a 
fiscal year only to such extent or in such amounts as are 
provided in appropriation Acts.

                       director of the institute

    Sec. 405.\8\ (a) There shall be a Director of the Institute 
(hereafter in this title referred to as the ``Director'') who 
shall be the chief executive officer of the Institute. The 
Director shall be appointed by the President, by and with the 
advice and consent of the Senate, and shall receive 
compensation at the rate payable for level III of the Executive 
Schedule under section 5314 of title 5 of the United States 
Code.

-----------------------------------------------------------------------
    \8\ 22 U.S.C. 3505.
-----------------------------------------------------------------------

    (b) The President may exercise any authorities conferred 
upon him by this title through the Director or any other agency 
or officer of the United States Government as he shall direct. 
The Director or head of any such agency or any such officer may 
delegate to any of his subordinates authority to perform any of 
such functions.

              deputy director and other statutory officers

    Sec. 406.\9\ (a) A Deputy Director of the Institute shall 
be appointed by the President, by and with the advice and 
consent of the Senate. The Deputy Director shall receive 
compensation at the rate payable for level IV of the Executive 
Schedule under section 5315 of title 5 of the United States 
Code.

-----------------------------------------------------------------------
    \9\ 22 U.S.C. 3506.
-----------------------------------------------------------------------

    (b) The Deputy Director shall perform such duties and 
exercise such powers as the Director may prescribe.
    (c) The President may establish up to two additional 
positions in the Institute to be compensated at the rate 
payable for level V of the Executive Schedule under section 
5316 of title 5 of the United States Code.

   council on international scientific and technological cooperation

    Sec. 407.\10\ (a) In order to further the purposes of the 
Institute, the President is authorized to establish a Council 
on International Scientific and Technological Cooperation 
(hereafter in this title referred to as the ``Council'').

-----------------------------------------------------------------------
    \10\ 22 U.S.C. 3507.
-----------------------------------------------------------------------

    (b)(1) The Council shall--
          (A) advise the Director with respect to the policies, 
        programs, planning, and procedures of the Institute;
          (B) make recommendations to the Director on the use 
        of the resources available to the Institute; and
          (C) advise the Director on matters involving the 
        activities of the Institute overseas and appropriate 
        relationship with the private sector, within and 
        outside the United States.
    (2) The Council shall prepare an annual report setting 
forth the major recommendations made and advice given pursuant 
to paragraph (1) of this subsection.
    (c) The Director shall seek the advice of the Council 
before making any decision with respect to the selection or 
termination of, or any significant change in, the areas and 
issues in which the Institute conducts its activities, and with 
respect to the transfer of specific programs and projects from 
any other Government agency to the Institute. The Council shall 
have the authority to review all new programs and initiatives 
before their implementation and to make recommendations with 
regard to the approval or disapproval of new programs and 
initiatives having a cost in excess of $500,000 or a duration 
greater than two years.
    (d) The Council shall consist of up to twenty-five members 
appointed by the President, one of whom the President shall 
designate as Chairman. The members of the Council shall be 
appointed for terms of four years, except that the members 
first appointed shall be appointed for terms of one, two, 
three, or four years, as designated by the President at the 
time of their appointment, so that the terms of approximately 
one-fourth of the members of the Council expire in any year. 
The members of the Council shall be selected from among--
          (1) citizens of the United States who are widely 
        recognized for their broad knowledge of, or expertise 
        in, science and technology, or their interest in the 
        scientific and technological problems of developing 
        countries;
          (2) citizens of foreign countries who by their 
        knowledge and expertise are capable of providing advice 
        and guidance to the Institute on the application of 
        science and technology to the problems of developing 
        countries, except that not more than one-third of the 
        membership of the Council shall consist of members who 
        are citizens of foreign countries; and
          (3) officials of the United States Government, except 
        that not to exceed five members of the Council may be 
        appointed under this paragraph, one of whom shall be 
        the Secretary of State or his designee.
    (e) Members of the Council who are not officials of the 
United States Government shall be entitled to compensation, not 
to exceed the daily equivalent of the highest rate which may be 
paid to an employee under the General Schedule established by 
section 5332 of title 5 of the United States Code, while in the 
performance of their duties under this title, and to 
reimbursement for expenses and per diem in lieu of subsistence 
while away from their homes or regular places of business in 
the same manner as persons employed intermittently in 
Government service are allowed expenses under section 5703 of 
title 5 of the United States Code. Members of the Council who 
are not officials of the United States Government shall not be 
deemed officers, employees, or otherwise in the service or 
employment of the United States Government for any purpose, 
except that members of the Council who are United States 
citizens shall be deemed Government employees for the purposes 
of sections 202, 203, 205, 207, 208, and 209 of title 18 of the 
United States Code.
    (f) The Council may appoint from among its members an 
Executive Committee, and such other committees it deems 
necessary, to assist it in exercising its powers and functions. 
The Executive Committee shall consist of seven members, one of 
whom shall be the Chairman of the Council and not more than 
three of whom shall be employees of the United States 
Government. The Executive Committee shall exercise such powers 
and functions as are delegated to it by the Council.

                         institute fellowships

    Sec. 408.\11\ (a) The President is authorized to award up 
to twenty fellowships annually for periods up to two years, 
such awards to be renewable for an additional period not to 
exceed two years, to individuals who have demonstrated 
exceptional competence and ability in the fields of scientific, 
technological, economic, or social endeavor selected by the 
Institute for concentration. The awards shall be made so as to 
encompass a wide diversity of disciplines and backgrounds, and 
shall be made on the basis of criteria established by the 
President upon the advice of the Council. Up to ten of the 
awards in any year may be made to citizens of countries other 
than the United States. Individuals awarded fellowships shall 
be designated as Institute Fellows.

-----------------------------------------------------------------------
    \11\ 22 U.S.C. 3508.
-----------------------------------------------------------------------

    (b) The President may assign Institute Fellows to undertake 
such activities, in the United States or abroad, as will 
further the purposes of the Institute.
    (c) The amount of the awards made pursuant to this section 
shall be established by the President, but shall not in any 
case exceed the highest rate which may be paid to an employee 
under the General Schedule established by section 5332 of title 
5 of the United States Code. In addition, where appropriate, 
the President may make provisions for transportation, housing 
(when assigned outside country of residence), subsistence (or 
per diem in lieu thereof), and health care or health or 
accident insurance for Institute Fellows and their dependents 
while engaged in activities authorized by this title.
    (d) Except as provided otherwise in this section, Institute 
Fellows shall not be deemed employees or otherwise in the 
service or employment of the United States Government. 
Institute Fellows shall be considered employees for purposes of 
compensation of injuries under chapter 81 of title 5 of the 
United States Code and the tort claim provisions of chapter 171 
of title 28 of the United States Code. In addition, Institute 
Fellows who are United States citizens shall be considered 
Government employees for purposes of sections 202, 203, 205, 
207, 208, and 209 of title 18 of the United States Code.
    (e) Alien participants in any program of the Institute, 
including Institute Fellows and their dependents, may be 
admitted to the United States, if otherwise qualified as non-
immigrants under section 101(a)(15) of the Immigration and 
Nationality Act, for such time and under such conditions as may 
be prescribed by regulations promulgated by the Secretary of 
State and the Attorney General.

                          conflict of interest

    Sec. 409.\12\ Members of the Council and Institute Fellows 
shall avoid any action, in their activities with respect to the 
Institute, which might result in, or create the appearance of, 
a conflict of interest, including but not limited to--

-----------------------------------------------------------------------
    \12\ 22 U.S.C. 3509.
-----------------------------------------------------------------------

          (1) using their office or position for private gain;
          (2) giving preferential treatment to any person;
          (3) making recommendations or decisions relating to 
        any activity authorized by this title in other than an 
        impartial and independent manner;
          (4) misusing Government property or official 
        information obtained through their office or position 
        which has not been made available to the general 
        public; or
          (5) affecting adversely the confidence of the public 
        in the integrity of the Institute.

                    authorization of appropriations

    Sec. 410.\13\ There are authorized to be appropriated to 
the President to carry out this title, in addition to funds 
otherwise available for such purpose, $12,000,000 for the 
fiscal year 1981.\14\ Funds appropriated under this section are 
authorized to remain available until expended.

-----------------------------------------------------------------------
    \13\ 22 U.S.C. 3510.
    \14\ The authorization figure for fiscal year 1981 was added by 
sec. 312 of the International Security and Development Cooperation Act 
of 1980 (Public Law 96-533; 94 Stat. 3148). The authorization for 
fiscal year 1980 was $23,750,000. However, these funds were never 
appropriated.
-----------------------------------------------------------------------

    Sec. 411.\15\ Annual Report * * * [Repealed--1983]

-----------------------------------------------------------------------
    \15\ Sec. 411, which had required an annual report to Congress 
regarding the operations of the Institute, was repealed by sec. 
1011(a)(6) of the Department of State Authorization Act, Fiscal Years 
1984 and 1985 (Public Law 98-164; 97 Stat. 1061).
-----------------------------------------------------------------------

                         conforming amendments

    Sec. 412. (a) Section 5314 of title 5 of the United States 
Code, relating to level III of the Executive Schedule, is 
amended by adding at the end thereof the following:
          ``(70) Director, Institute for Scientific and 
        Technological Cooperation.''
    (b) Section 5315 of title 5 of the United States Code, 
relating to level IV of the Executive Schedule, is amended by 
adding at the end thereof the following:
          ``(128) Deputy Director, Institute for Scientific and 
        Technological Cooperation.''.
    (c) Section 5316 of title 5 of the United States Code, 
relating to level V of the Executive Schedule, is amended by 
adding at the end thereof the following:
          ``(152) Additional officers, Institute for Scientific 
        and Technological Cooperation (2).''.

     establishment in international development cooperation agency

    Sec. 413.\16\ Upon the establishment of the United States 
International Development Cooperation Agency pursuant to 
Reorganization Plan Numbered 2 of 1979, the Institute shall be 
established within such Agency.

-----------------------------------------------------------------------
    \16\ 22 U.S.C. 3512. The International Development Cooperation 
Agency was established by sec. 1-101 of Executive Order 12163, 
effective Oct. 1, 1979. For text, see Legislation on Foreign Relations 
Through 1997, vol. I-B.
-----------------------------------------------------------------------


                       expiration of authorities

    Sec. 414.\17\ The authorities contained in this title shall 
expire on September 30, 1984.
-----------------------------------------------------------------------
    \17\ 22 U.S.C. 3513.
-----------------------------------------------------------------------

                   TITLE V--MISCELLANEOUS PROVISIONS

   earmarking for lebanon of unobligated balances in the middle east 
                       special requirements fund

    Sec. 501. Of the funds continued available for the fiscal 
year 1979 for the Middle East Special Requirements Fund by 
section 103 of the Foreign Assistance and Related Programs 
Appropriations Act, 1979, which are unobligated on the date of 
enactment of this Act, $5,000,000 shall be available only for 
Lebanon and may hereafter be continued available only for such 
country.

                      military assistance to sudan

    Sec. 502.\18\ In addition to the amount authorized to be 
appropriated for grant military assistance for the fiscal year 
1980 by section 504(a)(1) of the Foreign Assistance Act of 
1961, there is authorized to be appropriated to carry out the 
purposes of chapter 2 of part II of that Act for the fiscal 
year 1980 $1,700,000. Not more than $1,700,000 of the funds 
available to carry out that chapter for the fiscal year 1980 
may be allocated and made available for assistance for Sudan. 
For purposes of the last sentence of section 504(a)(1) and for 
purposes of section 515(b)(1) of the Foreign Assistance Act of 
1961, this section shall be deemed to be part of such section 
504(a)(1).

-----------------------------------------------------------------------
    \18\ 22 U.S.C. 2312 note.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                          human rights reports

    Sec. 504. (a) * * *
    (b) \19\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \19\ Subsec. (b), which had required a report from the Secretary of 
State on the impact on U.S. foreign relations of the human rights 
reports required by the Foreign Assistance Act of 1961, was repealed by 
sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). The 
Secretary of State submitted this report to Congress on November 15, 
1979.
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    Sec. 506.\20\ Prohibition on Assistance to Vietnam, 
Cambodia, and Cuba * * * [Repealed--1981]

-----------------------------------------------------------------------
    \20\ Sec. 506, which had prohibited aid to Vietnam, Cambodia, and 
Cuba during fiscal year 1980, was repealed by sec. 734(a)(3) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

                  nonproliferation of nuclear weapons

    Sec. 507.\21\ (a) In accordance with the Nuclear Non-
Proliferation Act of 1978, the Congress strongly urges all 
nations which are not parties to the Treaty on Non-
Proliferation of Nuclear Weapons to become parties to that 
treaty.

-----------------------------------------------------------------------
    \21\ 22 U.S.C. 3201 note.
-----------------------------------------------------------------------

    (b) \22\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \22\ Subsec. (b), which had required a report from the Secretary of 
State specifying what efforts the Department of State had made to 
encourage nations which are not parties to the Treaty on 
Nonproliferation of Nuclear Weapons to become parties to such treaty, 
was repealed by sec. 734(a)(3) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). 
The Secretary of State submitted this report to Congress on November 
19, 1979.
-----------------------------------------------------------------------

                      accelerated loan repayments

    Sec. 508. (a) * * *
    (b) \23\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \23\ Subsec. (b), which had required that the annual reports on 
foreign assistance submitted to Congress in 1980 and 1981 describe the 
efforts made to negotiate accelerated loan repayments, was repealed by 
sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

                    refugee crisis in southeast asia

    Sec. 509. (a)(1) The refugee crisis in Indochina is 
unfolding as one of the great human tragedies of our time.
    (2) At least seven hundred and fifty thousand human beings 
have fled Vietnam, Kampuchea, and Laos since the spring of 
1975.
    (3) Approximately three hundred thousand human beings 
currently remain in refugee camps throughout Southeast Asia.
    (4) As many as two hundred and fifty thousand human beings 
may have perished in their attempts to reach freedom and many 
thousands more face death should the present situation 
continue.
    (5) The international borders are closing to the refugees 
fleeing from Indochina.
    (6) The international community has failed to respond 
adequately to the crisis, despite the existence of adequate 
mechanisms to respond.
    (b) It is the sense of the Congress that the President 
should continue to support the efforts of the Secretary General 
of the United Nations to use appropriate fora to deal with the 
refugee crisis in Southeast Asia.
    (c) \24\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \24\ Subsec. (c), which had required periodic reports from the 
President on the prospects for permanent resettlement of Indochinese 
refugees so that no disruption of the economy of a host country would 
result, was repealed by sec. 734(a)(3) of the International Security 
and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 
1560).
-----------------------------------------------------------------------

                        certain travel expenses

    Sec. 510. Section 5924(4)(B) of title 5, United States 
Code,\25\ is amended by striking out ``one annual trip each way 
for each dependent of an employee of the Department of State or 
the United States Information Agency, or'' and inserting in 
lieu thereof ``(i) in the case of dependents traveling to 
obtain secondary education, one annual trip, or in the case of 
dependents traveling to obtain undergraduate college education, 
two annual trips, each way for each dependent of an employee of 
the Department of State, of the International Communication 
Agency, or of the Agency for International Development, or 
(ii)''.

-----------------------------------------------------------------------
    \25\ Sec. 5924 of title 5, U.S.C., provides for certain costs of 
living allowances for U.S. Government employees living in a foreign 
area.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                            effective dates

    Sec. 512. (a) Except as provided in subsection (b) of this 
section and in section 503(b), this Act shall take effect on 
October 1, 1979.
    (b) Sections 114(b), 123, 501, and 509 of this Act shall 
take effect on the date of enactment of this Act.



      n. International Development and Food Assistance Act of 1978

Partial text of Public Law 95-424 [H.R. 12222], 92 Stat. 937, approved 
    October 6, 1978, as amended by Public Law 96-53 [International 
 Development Cooperation Act of 1979, H.R. 3324], 93 Stat. 359 at 378, 
  approved August 14, 1979; Public Law 96-67 [S. 1019], 93 Stat. 415, 
 approved September 21, 1979; and by Public Law 97-113 [International 
 Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 
                1519 at 1560, approved December 29, 1981

_______________________________________________________________________
          Note.--Except for the provisions noted below, the 
        International Development and Food Assistance Act of 
        1978 consists of amendments to the Foreign Assistance 
        Act of 1961 and the Agricultural Trade Development and 
        Assistance Act of 1954 (Public Law 480).
_______________________________________________________________________


    AN ACT To amend the Foreign Assistance Act of 1961 to authorize 
 development and economic assistance programs for fiscal year 1979, to 
      make certain changes in the authorities of that Act and the 
 Agricultural Trade Development and Assistance Act of 1954, to improve 
   the coordination and administration of United States development-
         related policies and programs, and for other purposes.

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

                              short title

    Section 1. This Act may be cited as the ``International 
Development and Food Assistance Act of 1978''.

                    TITLE I--DEVELOPMENT ASSISTANCE

        *        *        *        *        *        *        *        

                international organizations and programs

    Sec. 117.--(a) * * *
    (b)(1) * * *
    (2) \1\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \1\ Par. (2), which had required a report from the Secretary of 
State on the progress made by the UNRWA to improve the ration 
distribution system for Palestine refugees, was repealed by sec. 
734(a)(3) of the International Security and Development Cooperation Act 
of 1981 (Public Law 97-113; 95 Stat. 1560). The Secretary of State 
submitted this report to Congress on February 5, 1979.
-----------------------------------------------------------------------

    (c) * * *
    (d) * * *
    (e) \2\ In addition to amounts otherwise available for such 
purpose, there are authorized to be appropriated to the 
President not to exceed $1,000,000 for contributions to the 
World Assembly on Aging to be convened under the auspices of 
the United Nations, except that the amount so contributed may 
not exceed 25 percent of the expenditures of such Assembly. 
Amounts appropriated under this subsection are authorized to 
remain available until expended.

-----------------------------------------------------------------------
    \2\ 22 U.S.C. 2222 note. See also sec. 302(a)(1) of the FA Act of 
1961.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                    locust plagues control in africa

    Sec. 120.\3\ In order to assist in attempts to control 
locust plagues in Africa, especially in the Horn of Africa, 
there is authorized to be appropriated to the President, in 
addition to amounts otherwise authorized for disaster relief 
purposes, $2,000,000, which amount is authorized to remain 
available until expended.

-----------------------------------------------------------------------
    \3\ 22 U.S.C. 2292d.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                     african development foundation

    Sec. 122.\4\ (a) The Congress declares that the United 
States should place higher priority on the formulation and 
implementation of policies and programs to enable the people of 
African nations to develop their potential, fulfill their 
aspirations, and enjoy better, more productive lives. In 
furtherance of these objectives, the Congress finds that 
additional support is needed for community-based self-help 
activities in Africa and that an African Development 
Foundation, organized to further the purposes set forth in 
section 123 of the Foreign Assistance Act of 1961, can 
complement current United States development programs in 
Africa.

-----------------------------------------------------------------------
    \4\ 22 U.S.C. 2151u note.
-----------------------------------------------------------------------

    (b) \5\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \5\ Subsec. (b), which had required a report from the President on 
proposals for an African Development Foundation, was repealed by sec. 
734(a)(3) of the International Security and Development Cooperation Act 
of 1981 (Public Law 97-113; 95 Stat. 1560). The President submitted 
this report to Congress on February 1, 1979.
-----------------------------------------------------------------------

                        TITLE II--FOOD FOR PEACE

    Sec. 201.\6\ Effectiveness of Food Assistance in Meeting 
Basic Food Needs  * * * [Repealed--1981]

-----------------------------------------------------------------------
    \6\ Sec. 201, which had required a report from the President on the 
effectiveness of food assistance under Public Law 480 in meeting basic 
human needs, was repealed by sec. 734(a)(3) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1560). The President submitted this report to Congress on 
February 23, 1979.
-----------------------------------------------------------------------

 TITLE III--COORDINATION AND ADMINISTRATION OF THE DEVELOPMENT-RELATED 
               PROGRAMS AND POLICIES OF THE UNITED STATES

                       declaration of objectives

    Sec. 301.\7\ The Congress declares that the United States 
Government should place higher priority, in the formulation and 
implementation of governmental policies, on efforts to help 
meet the legitimate needs of poor countries for improving the 
quality of the lives of their populations. The Congress also 
declares that greater effectiveness and efficiency of United 
States assistance to such countries can be achieved through 
improved coordination and administrative consolidation.

-----------------------------------------------------------------------
    \7\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------

                      implementation of objectives

    Sec. 302.\7\ In furtherance of the objectives set forth in 
section 301 the Congress directs the President to institute a 
strengthened system of coordination of all United States 
economic policies which impact on the developing countries of 
the world, including but not limited to policies concerning 
international trade, commodity agreements, investment, debt, 
international financial institutions, international and 
multilateral development agencies and programs, and 
concessional and grant food assistance, in addition to policies 
concerning United States bilateral economic development 
assistance.
    Sec. 303.\8\ Report * * * [Repealed--1981]

-----------------------------------------------------------------------
    \8\ Sec. 303, which had required a report from the President on 
steps he has taken to implement this title, was repealed by sec. 
734(a)(3) of the International Security and Development Cooperation Act 
of 1981 (Public Law 97-113; 95 Stat. 1560). The President submitted 
this report to Congress on March 8, 1979.
-----------------------------------------------------------------------

                   TITLE IV--UNIFIED PERSONNEL SYSTEM

              establishment of a unified personnel system

    Sec. 401.\9\ (a) Not later than May 1, 1979,\10\ the 
President shall submit to the Congress, and publish in the 
Federal Register, regulations establishing a unified personnel 
system for all employees of the agency primarily responsible 
for administering part I of the Foreign Assistance Act of 1961. 
In preparing such regulations, the President shall keep the 
appropriate committees of the Congress fully and currently 
informed, and shall consult with them on a regular basis, 
concerning the nature of the unified personnel system to be 
established.

-----------------------------------------------------------------------
    \9\ 22 U.S.C. 2385a.
    \10\ The due date for this report was extended from March 15, 1979, 
by sec. 503 of the International Development Cooperation Act of 1979 
(Public Law 96-53; 93 Stat. 378), effective March 15, 1979.
-----------------------------------------------------------------------

    (b) The regulations submitted to the Congress pursuant to 
subsection (a)--
          (1) may not become effective until after the end of 
        the 90-day period beginning on the date of such 
        submission in order to provide the appropriate 
        committees of the Congress an opportunity to review 
        them; and
          (2) shall not become effective then if, during such 
        90-day period, either House of Congress adopts a 
        resolution stating in substance that it disapproves the 
        personnel system proposed to be established by the 
        regulations.
    (c) Regulations which take effect pursuant to this section 
shall have the force and effect of law and shall apply with 
respect to the personnel of the agency primarily responsible 
for administering part I of the Foreign Assistance Act of 1961, 
notwithstanding any inconsistent provision of law unless that 
provision of law specifically states that it supersedes 
regulations issued under this section.

        *        *        *        *        *        *        *        

                   TITLE VI--MISCELLANEOUS PROVISIONS

                       reduction of authorization

    Sec. 601.\11\ The total funds authorized to be appropriated 
in this Act (excluding funds authorized to be appropriated to 
carry out section 214 of the Foreign Assistance Act of 1961) 
shall be reduced by 5 percent.

-----------------------------------------------------------------------
    \11\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------

     prohibition on assistance to vietnam, cambodia, and cuba \12\

    Sec. 602.\11\ Notwithstanding any other provision of law or 
of this Act, funds authorized to be appropriated in this Act 
shall not be used for any form of aid, either by monetary 
payment or by the sale or transfer of any goods of any nature, 
to the Socialist Republic of Vietnam, Cambodia, or Cuba.

-----------------------------------------------------------------------
    \12\ Uganda was struck from the section heading and from the list 
of countries in sec. 602 by Public Law 96-67 (93 Stat. 415).
-----------------------------------------------------------------------

    Sec. 603.\13\ (a)(1) \14\ Reports to Congress on Debt 
Relief Agreements * * * [Repealed--1981]

-----------------------------------------------------------------------
    \13\ 22 U.S.C. 2395a.
    \14\ Par. (1), which had required that the Secretary of State keep 
several congressional committees informed of negotiations with foreign 
governments with respect to any cancellation, renegotiations, 
rescheduling, compromise, or other form of debt relief for any debt 
owed to the United States, was repealed by sec. 734(a)(5) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1560.).
-----------------------------------------------------------------------

    (2) The Secretary of State shall transmit to such 
committees a copy of the text of any agreement with any foreign 
government which would result in any such debt relief no less 
than thirty days prior to its entry into force, together with a 
detailed justification of the interest of the United States in 
the proposed debt relief. The requirements of this paragraph 
shall not apply with respect to an agreement if a statutory 
requirement exists that the amount of the debt relief provided 
by the agreement may not exceed the amount approved for such 
purposes in advance in an appropriation Act.
    (b) Section 4 of the Foreign Disaster Assistance Act of 
1974 is repealed.

                         miscellaneous repeals

    Sec. 604. Sections 302(d), 302(e), 302(f), 302(g), 302(h), 
304, 494A, 495A, 618, 619, 637(a), 649, 651, 655, 656, 658, and 
665, and chapters 6 and 7 of part I, of the Foreign Assistance 
Act of 1961 are repealed.

                             effective date

    Sec. 605. The amendments made by this Act shall take effect 
on October 1, 1978.



            o. International Security Assistance Act of 1978

  Partial text of Public Law 95-384 [S. 3075], 92 Stat. 730, approved 
  September 26, 1978, as amended by Public Law 97-113 [International 
 Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 
  1519 at 1560, approved December 29, 1981; and by Public Law 103-199 
[FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 17, 1993

_______________________________________________________________________

          Note.--Except for the provisions noted below, the 
        International Security Assistance Act of 1978 consists 
        of amendments to the Arms Export Control Act, the 
        Foreign Assistance Act of 1961, the Foreign Assistance 
        Act of 1974, the International Security Assistance Act 
        of 1977, the International Security Assistance and Arms 
        Export Control Act of 1976, the Mutual Security Act of 
        1954, the Foreign Military Sales Act Amendments, 1971, 
        the Export Administration Act of 1969, and the 
        Emergency Security Assistance Act of 1973.
_______________________________________________________________________


AN ACT To amend the Foreign Assistance Act of 1961 and the Arms Export 
Control Act to authorize international security assistance programs for 
               fiscal year 1979, and for other purposes.

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

                              short title

    Section 1. This Act may be cited as the ``International 
Security Assistance Act of 1978''.

        *        *        *        *        *        *        *        

        united states policy regarding the eastern mediterranean

    Sec. 13.\1\ (a) Section 620(x) of the Foreign Assistance 
Act of 1961 shall be of no further force and effect upon the 
President's determination and certification to the Congress \2\ 
that the resumption of full military cooperation with Turkey is 
in the national interest of the United States and in the 
interest of the North Atlantic Treaty Organization and that the 
Government of Turkey is acting in good faith to achieve a just 
and peaceful settlement of the Cyprus problem, the early 
peaceable return of refugees to their homes and properties, and 
continued removal of Turkish military troops from Cyprus in the 
context of a solution to the Cyprus problem, and the early 
serious resumption of inter-communal talks aimed at a just, 
negotiated settlement.

-----------------------------------------------------------------------
    \1\ 22 U.S.C. 2370 note.
    \2\ Such determination and certification, dated September 26, 1978, 
was submitted to the Congress.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                          arms transfer policy

    Sec. 15. (a) * * *
    (b) \3\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \3\ Subsec. (b), which had required a report from the President 
concerning multilateral discussions with other arms suppliers on the 
issue of restraining the flow of conventional arms to developing 
countries, was repealed by sec. 734(a)(12) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1560). The President submitted this report to Congress on 
December 28, 1979.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

special security assistance program for the modernization of the armed 
                    forces of the republic of korea

    Sec. 23.\4\ (a)(1) The President is authorized until 
December 31, 1982--

-----------------------------------------------------------------------
    \4\ 22 U.S.C. 2428b.
-----------------------------------------------------------------------

          (A) to transfer, without reimbursement, to the 
        Republic of Korea, only in conjunction with the 
        withdrawal of the 2d Infantry Division and support 
        forces from Korea, such United States Government-owned 
        defense articles as he may determine which are located 
        in Korea in the custody of units of the United States 
        Army scheduled to depart from Korea; and
          (B) to furnish to the Republic of Korea, without 
        reimbursement, defense services (including technical 
        and operational training) in Korea directly related to 
        the United States Government-owned defense articles 
        transferred to the Republic of Korea under this 
        subsection.
    (2) Any transfer under the authority of this section shall 
be made in accordance with all the terms and conditions of the 
Foreign Assistance Act of 1961 applicable to the furnishing of 
defense articles and defense services under chapter 2 of part 
II of that Act, except that no funds heretofore or hereafter 
appropriated under that Act shall be available to reimburse any 
agency of the United States Government for any such transfer or 
related services.
    (b) In order that transfers of defense articles under 
subsection (a) will not cause significant adverse impact on the 
readiness of the Armed Forces of the United States, the 
President is authorized, in lieu of such transfers, to transfer 
additional defense articles from the stocks of the Department 
of Defense, wherever located, to the Republic of Korea to 
compensate for the military capability of defense articles 
withdrawn from Korea in any case where he determines that--
          (1) the transfer of specific defense articles located 
        in Korea would have a significant adverse impact on the 
        readiness of the United States Armed Forces;
          (2) the defense capability provided by those defense 
        articles is needed by the Armed Forces of the Republic 
        of Korea in order to maintain the military balance on 
        the Korean peninsula; and
          (3) a comparable defense capability could be provided 
        by less advance defense articles in the stocks of the 
        Department of Defense which could be transferred 
        without significant adverse impact on the readiness of 
        the United States Armed Forces.
The President shall report to the Congress each determination 
made under this subsection prior to the transfer of the defense 
articles described in such determination.
    (c) The President shall transmit to the Congress, together 
with the presentation materials for security assistance 
programs proposed for each fiscal year through and including 
the fiscal year 1983, a report describing the types, 
quantities, and value of defense articles furnished or intended 
to be furnished to the Republic of Korea under this section.
    (d) \5\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \5\ Subsec. (d), which had required a report from the President 120 
days prior to each phase of troop withdrawal from Korea regarding the 
viability of such withdrawal, was repealed by sec. 734(a)(12) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

    (e)(1) It is the sense of the Congress that further 
withdrawal of ground forces of the United States from the 
Republic of Korea may seriously risk upsetting the military 
balance in that region and requires full advance consultation 
with the Congress.
    (2) \6\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \6\ Par. (2), which had required a report from the President prior 
to any future withdrawals of U.S. ground forces from Korea concerning a 
number of issues which might be affected by the withdrawal, was 
repealed by sec. 734(a)(12) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

    Sec. 24.\7\ United States Relations With the Soviet Union  
* * * [Repealed--1993]

-----------------------------------------------------------------------
    \7\ Formerly at 22 U.S.C. 2151 note. Sec. 706 of the FRIENDSHIP Act 
(Public Law 103-199; 107 Stat. 2317) repealed sec. 24.
    Subsec. (c), which had required a report from the President 
concerning his review of U.S. policy toward the Soviet Union as 
outlined in subsec. (b), was repealed by sec. 734(a)(12) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1560). The President submitted this report on 
January 4, 1979.
-----------------------------------------------------------------------

    Sec. 25.\8\ Report on Review of Arms Sales Controls on Non-
Lethal Items * * * [Repealed--1981]

-----------------------------------------------------------------------
    \8\ Sec. 25, which had required a report from the President on a 
review of arms sales control on non-lethal items, was repealed by sec. 
734(a)(12) of the International Security and Development Cooperation 
Act of 1981 (Public Law 97-113; 95 Stat. 1560). The President submitted 
this report to Congress on January 26, 1979.
-----------------------------------------------------------------------

         united states-republic of china mutual defense treaty

    Sec. 26.\7\ (a) The Congress finds that--
          (1) the continued security and stability of East Asia 
        is a matter of major strategic interest to the United 
        States;
          (2) the United States and the Republic of China have 
        for a period of twenty-four years been linked together 
        by the Mutual Defense Treaty of 1954;
          (3) the Republic of China has during that twenty-
        four-year period faithfully and continually carried out 
        its duties and obligations under that treaty; and
          (4) it is the responsibility of the Senate to give 
        its advice and consent to treaties entered into by the 
        United States.
    (b) It is the sense of the Congress that there should be 
prior consultation between the Congress and the executive 
branch on any proposed policy changes affecting the 
continuation in force of the Mutual Defense Treaty of 1954.\9\

-----------------------------------------------------------------------
    \9\ Pursuant to article X of the treaty, the State Department on 
December 23, 1978, delivered notice, effective January 1, 1979, that 
the United States was terminating the treaty. Under article X, the 
treaty remained in force until January 1, 1980.
-----------------------------------------------------------------------

    Sec. 27.\10\ Rhodesia Embargo * * * [Repealed--1981]

-----------------------------------------------------------------------
    \10\ Sec. 27 was repealed by sec. 734(a)(12) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1560). It formerly read as follows:
    ``Sec. 27. In furtherance of the foreign policy interests of the 
United States, the Government of the United States shall not enforce 
sanctions against Rhodesia after December 31, 1978, provided that the 
President determines that--
    ``(1) the Government of Rhodesia has demonstrated its willingness 
to negotiate in good faith at an all-parties conference, held under 
international auspices, on all relevant issues; and
    ``(2) a government has been installed, chosen by free elections in 
which all political and population groups have been allowed to 
participate freely, with observation by impartial, internationally-
recognized observers.''
-----------------------------------------------------------------------

                 negotiations between israel and egypt

    Sec. 28.\11\ (a) The Congress finds that--

-----------------------------------------------------------------------
    \11\ 22 U.S.C. 2346a note.
-----------------------------------------------------------------------

          (1) a lasting settlement of the Arab-Israel conflict 
        is vital to United States national interests as well as 
        to the interests of the countries of the region;
          (2) support for a strong and secure Israel and the 
        maintenance for this purpose of Israel's effective 
        defense capabilities as essential to peace remains a 
        fundamental tenet of United States foreign policy;
          (3) direct, face-to-face negotiations between Israel 
        and Egypt without preconditions is a historic opening 
        for peace, and the support of such negotiations by 
        other moderate Arab countries, can best promote a peace 
        settlement based on mutual concessions and 
        accommodations;
          (4) the establishment of secure, recognized, and 
        defensible borders between Israel and its neighbors 
        will discourage hostilities; and
          (5) full, normalized relations between Israel and its 
        Arab neighbors, including trade, travel, tourism, 
        communications, and diplomatic relations are vital for 
        peace.
    (b) It is the sense of the Congress that the Government of 
the United States should continue to promote direct 
negotiations between Israel and Egypt and to encourage other 
Arab countries to enter into negotiations leading to peace 
treaties with Israel.
    (c) It is further the sense of the Congress that the United 
States should be responsive to Israel's economic needs and 
defense requirements, including the provision of additional 
advanced aircraft, in order to maintain Israel's defense 
capability which is essential to peace.

        *        *        *        *        *        *        *        

                           savings provision

    Sec. 30.\12\ Enactment of this Act shall not affect the 
authorizations of appropriations and limitations of authority 
applicable to the fiscal year 1978 which are contained in 
provisions of law amended by this Act (other than sections 31 
(a), (b), and (d) of the Arms Export Control Act).

-----------------------------------------------------------------------
    \12\ 22 U.S.C. 1754 note.
-----------------------------------------------------------------------



      p. International Development and Food Assistance Act of 1977

 Partial text of Public Law 95-88 [H.R. 6714], 91 Stat. 533, approved 
     August 3, 1977, as amended by Public Law 96-53 [International 
 Development Cooperation Act of 1979, H.R. 3324], 93 Stat. 359 at 366, 
  approved August 14, 1979; Public Law 96-465 [Foreign Service Act of 
1980, H.R. 6790], 94 Stat. 2071 at 2160, approved October 17, 1980; and 
     by Public Law 97-113 [International Security and Development 
  Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 1560, approved 
                           December 29, 1981

_______________________________________________________________________

          Note.--Except for the provisions noted below, the 
        International Development and Food Assistance Act of 
        1977 consists of amendments to the Foreign Assistance 
        Act of 1961 and the Agricultural Trade Development and 
        Assistance Act of 1954 (Public Law 480).
_______________________________________________________________________


    AN ACT To amend the Foreign Assistance Act of 1961 to authorize 
  development assistance programs for fiscal year 1978, to amend the 
   Agricultural Trade Development and Assistance Act of 1954 to make 
certain changes in the authorities of that Act, and for other purposes.

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

                              short title

    Section 1. This Act may be cited as the ``International 
Development and Food Assistance Act of 1977.''

             TITLE I--INTERNATIONAL DEVELOPMENT ASSISTANCE

        *        *        *        *        *        *        *        

                 inspector general, foreign assistance

    Sec. 124. (a)(1) * * *
    (2) \1\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \1\ Par. (2), which concerned the duties and responsibilities of 
the Inspector General, Foreign Service, was repealed by sec. 2205(11) 
of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2162).
-----------------------------------------------------------------------

    (b) Section 5315 of title 5, United States Code, is amended 
by repealing paragraphs (52) and (53).
    (c) The amendments made by this section shall take effect 
on July 1, 1978.

        *        *        *        *        *        *        *        

              future united states development assistance

    Sec. 131.\2\ It is the sense of the Congress that the 
United States should increase substantially its assistance for 
self-help development among the world's poorest people. Such 
assistance should be provided in accordance with the general 
policies and principles of chapter 1 of part I of the Foreign 
Assistance Act of 1961, with particular emphasis on encouraging 
and supporting more equitable patterns of economic growth, 
especially in the poorest countries, and should be coordinated 
with similar expanded efforts by international organizations, 
donor nations, and the recipient countries themselves.

-----------------------------------------------------------------------
    \2\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------

        limitation on use of funds; missing in action in vietnam

    Sec. 132. (a) \3\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \3\ Subsec. (a), which had prohibited assistance to or reparations 
for Cambodia, Vietnam, Laos, or Cuba for fiscal year 1978, was repealed 
by sec. 734(a)(6) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

    (b) The President shall continue to take all possible steps 
to obtain a final accounting of all Americans missing in action 
in Vietnam.

     plan for increased minority business participation in foreign 
                         assistance activities

    Sec. 133.\2\ (a) The Administrator of the agency primarily 
responsible for administering part I of the Foreign Assistance 
Act of 1961 shall prepare and transmit to the Congress, not 
later than 30 days after the date of enactment of this Act, a 
detailed plan for the establishment of a section on minority 
business within such agency.
    (b) Such plan shall include, but shall not be limited to--
          (1) a description of where the section on minority 
        business will be located in such agency's 
        organizational structure and what relevant lines of 
        authority will be established;
          (2) a listing of the specific responsibilities that 
        will be assigned to the section on minority business to 
        enable it to increase, in a rational and effective 
        manner, participation of minority business enterprises 
        in activities funded by such agency;
          (3) a design for a time-phase system for bringing 
        about expanded minority business enterprise 
        participation, including specific recommendations for 
        percentage allocations of contracts by such agency to 
        minority business enterprises;
          (4) a proposed reporting system that will permit 
        objective measuring of the degree of participation of 
        minority business enterprises in comparison to the 
        total activities funded by such agency;
          (5) a detailed projection of the administrative 
        budgetary impact of the establishment of the section on 
        minority business; and
          (6) a detailed set of objective criteria upon which 
        determinations will be made as to the qualifications of 
        minority business enterprises to receive contracts 
        funded by such agency.
    (c) \4\ (1) Upon the enactment of the International 
Development Cooperation Act of 1979, the section on minority 
business established pursuant to subsection (a) shall be 
redesignated as the Minority Resource Center (hereafter in this 
section referred to as the ``Center'') which shall be 
responsible for increasing the participation of economically 
and socially disadvantaged business enterprises in contract, 
procurement, grant, and research and development activities 
funded by the agency primarily responsible for administering 
part I of the Foreign Assistance Act of 1961 (hereafter in this 
section referred to as the ``agency'').

-----------------------------------------------------------------------
    \4\ Subsec. (c) was added by sec. 123 of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366), 
effective August 16, 1979.
-----------------------------------------------------------------------

    (2) The Center shall--
          (A) establish, maintain, and disseminate information 
        to, and otherwise serve as an information clearinghouse 
        for, economically and socially disadvantaged business 
        enterprises regarding business opportunities in 
        development assistance programs funded by the agency;
          (B) design and conduct programs to encourage, 
        promote, and assist economically and socially 
        disadvantaged business enterprises to secure direct 
        contracts, host country contracts, operation expatriate 
        contracts, indefinite quantity contracts, subcontracts, 
        projects, grants, and research and development 
        contracts in order for such enterprises to participate 
        in such development assistance programs;
          (C) conduct market research, planning, economic and 
        business analyses, and feasibility studies to identify 
        business opportunities in such development assistance 
        programs;
          (D) develop support mechanisms which will enable 
        socially and economically disadvantaged businesses to 
        take advantage of business opportunities in such 
        development assistance programs; and
          (E) enter into such contracts (to such extent or in 
        such amounts as are provided in appropriation Acts), 
        cooperative agreements, or other transactions as may be 
        necessary in the conduct of its functions under this 
        section.
    (3) The Administrator of the agency and the Secretary of 
State shall provide the Center with such relevant information, 
including procurement schedules, bids, and specifications with 
respect to development assistance programs funded by the 
agency, as may be requested by the Center in connection with 
the performance of its functions under this section.
    (4) There shall be a Director of the Center who shall be 
the chief executive officer of the Center. The Director shall 
be appointed by the Administrator of the agency.
    (5)(A) For the purposes of this section, the term 
``economically and socially disadvantaged enterprise'' means a 
business--
          (i) which is at least 51 percent owned by one or more 
        socially and economically disadvantaged individuals or, 
        in the case of a publicly owned business, at least 51 
        percent of the stock of which is owned by one or more 
        socially and economically disadvantaged individuals; 
        and
          (ii) whose management and daily business operations 
        are controlled by one or more such individuals.
    (B) Socially disadvantaged individuals are those who have 
been subjected to racial or ethnic prejudice or cultural bias 
because of their identity as a member of a group without regard 
to their individual qualities.
    (C) Economically disadvantaged individuals are those 
socially disadvantaged individuals whose ability to compete in 
the free enterprise system has been impaired due to diminished 
capital and credit opportunities as compared to others in the 
same business area who are not socially disadvantaged. In 
determining the degree of diminished credit and capital 
opportunities, the Administrator of the agency shall consider, 
but not be limited to, the assets and net worth of the socially 
disadvantaged individual.
    (6) \5\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \5\ Par. (6), which had required an annual report concerning the 
activities of the Minority Resource Center, was repealed by sec. 
734(a)(6) of the International Security and Development Cooperation Act 
of 1981 (Public Law 97-113; 95 Stat. 1560). This same information is 
now required by sec. 634(a)(11) of the Foreign Assistance Act of 1961.
-----------------------------------------------------------------------

    (7) Of the funds available to the agency for operating 
expenses, up to $950,000 for fiscal year 1980 may be allocated 
to the Center to carry out its functions under this section.
    (8) If the Administrator of the agency determines that such 
a consolidation would significantly further the purposes of 
this section and would eliminate unnecessary duplication of 
activity, the Administrator may consolidate the Center with the 
Office of Small and Disadvantaged Business Utilization 
established in the agency by section 15(k) of the Small 
Business Act. Any such consolidation shall ensure that all the 
functions specified in paragraph (2) of this subsection 
continue to be carried out. Before implementing any such 
consolidation, the Administrator shall submit to the Congress a 
detailed report setting forth the reasons for the proposed 
consolidation.

                        TITLE II--FOOD FOR PEACE

        *        *        *        *        *        *        *        

    Sec. 214.\6\ Study of Payments of Ocean Freight 
Differentials * * * [Repealed--1981]

-----------------------------------------------------------------------
    \6\ Sec. 214, which had required a report from the President on the 
payments of ocean freight differentials, was repealed by sec. 734(a)(6) 
of the International Security and Development Cooperation Act of 1981 
(Public Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

                             effective date

    Sec. 215. The provisions of this title shall become 
effective October 1, 1977.



            q. International Security Assistance Act of 1977

 Partial text of Public Law 95-92 [H.R. 6684], 91 Stat. 614, approved 
August 4, 1977, as amended by Public Law 95-384 [International Security 
    Assistance Act of 1978, S. 3075], 92 Stat. 730 at 747, approved 
 September 26, 1978; and by Public Law 97-113 [International Security 
  and Development Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 
                    1560, approved December 29, 1981

_______________________________________________________________________

          Note.--Except for the provisions noted below, the 
        International Security Assistance Act of 1977 consists 
        of amendments to the Arms Export Control Act and the 
        Foreign Assistance Act of 1961.
_______________________________________________________________________


    AN ACT To amend the Foreign Assistance Act of 1961 to authorize 
  international security assistance programs for fiscal year 1978, to 
   amend the Arms Export Control Act to make certain changes in the 
            authorities of that Act, and for other purposes.

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

                              short title

    Section 1.\1\ This Act may be cited as the ``International 
Security Assistance Act of 1977''.

-----------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

            security supporting assistance program for egypt

    Sec. 9.\2\ It is the sense of the Congress that the 
security supporting assistance program for Egypt plays an 
important role in the Middle East peace effort and that the 
Executive branch should concentrate its efforts in order to 
make the program a success.

-----------------------------------------------------------------------
    \2\ 22 U.S.C. 2346 note. Sec. 29(c)(2) of the International 
Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 747) 
repealed subsecs. (b) through (e) of sec. 9. These subsections 
concerned the creation and activities of a Special Interagency Task 
Force to review the U.S. security supporting assistance program for 
Egypt.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

    Sec. 14.\3\ Prohibition on Assistance for Nuclear 
Powerplants * * * [Repealed--1981]

-----------------------------------------------------------------------
    \3\ Sec. 14, which had prohibited the use of funds made available 
under the Foreign Assistance Act of 1961 during fiscal year 1978 to 
finance the construction of, the operation or maintenance of, or the 
supply of fuel for, any nuclear powerplant under an agreement for 
cooperation between the U.S. and any other country, was repealed by 
sec. 734(a)(13) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

            fiscal year 1977 authorizations and limitations

    Sec. 21.\4\ Authorizations of appropriations and 
limitations of authority applicable to the fiscal year 1977 
contained in provisions of law amended by this Act shall not be 
affected by enactment of this Act.

-----------------------------------------------------------------------
    \4\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------

    Sec. 22.\5\ Assistance and Sales to Greece and Turkey * * * 
[Repealed--1981]

-----------------------------------------------------------------------
    \5\ Sec. 22, which set out certain conditions for assistance and 
sales to Greece and Turkey during fiscal year 1978, was repealed by 
sec. 734(a)(13) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

    Sec. 23.\6\ Arms Sales and United States Defense Readiness 
* * * [Repealed--1978]

-----------------------------------------------------------------------
    \6\ Sec. 23, which had required a report to Congress on the impact 
of U.S. foreign arms sales and transfers on U.S. defense readiness and 
national security, was repealed by sec. 29(c)(2) of the International 
Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 747).
-----------------------------------------------------------------------

                     study of technology transfers

    Sec. 24.\7\ (a) The President shall conduct a comprehensive 
study of the policies and practices of the United States 
Government with respect to the national security and military 
implications of international transfers of technology in order 
to determine whether such policies and practices should be 
changed. Such study shall examine--

-----------------------------------------------------------------------
    \7\ 22 U.S.C. 2751 note.
-----------------------------------------------------------------------

          (1) the nature of technology transfer;
          (2) the effect of technology transfers on United 
        States technological superiority;
          (3) the rationale for transfers of technology from 
        the United States to foreign countries;
          (4) the benefits and risks of such transfers;
          (5) trends in technology transfers by the United 
        States and other countries;
          (6) the need for controls on transfers of technology, 
        including controls on the use of transferred 
        technology, the effectiveness of existing end-use 
        controls, and possible unilateral sanctions if end-use 
        restrictions are violated;
          (7) the effectiveness of existing organizational 
        arrangements in the Executive branch in regulating 
        technology transfers from the United States;
          (8) the adequacy of existing legislation and 
        regulations with respect to transfers of technology 
        from the United States; and
          (9) the possibilities for international agreements 
        with respect to transfers of technology.
    (b) In conducting the study required by subsection (a), the 
President shall utilize the resources and expertise of the Arms 
Control and Disarmament Agency, the Department of State, the 
Department of Defense, the Department of Commerce, the National 
Science Foundation, the Office of Science and Technology 
Policy, and such other entities within the Executive branch as 
he deems necessary.
    (c) \8\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \8\ Subsec. (c), which had required a report from the President 
regarding the findings made and conclusions reached as a result of the 
study conducted pursuant to subsec. (a), was repealed by sec. 
734(a)(13) of the International Security and Development Cooperation 
Act of 1981 (Public Law 97-113; 95 Stat. 1560). The President submitted 
this report to Congress on August 21, 1978.
-----------------------------------------------------------------------

    Sec. 25.\9\ Policy on Zaire * * * [Repealed--1981]

-----------------------------------------------------------------------
    \9\ Sec. 25, which had prohibited U.S. aid for Zaire during fiscal 
year 1978 supporting any military or paramilitary operations in Zaire 
(unless the President determined that such assistance would be in the 
U.S. national security interests), was repealed by sec. 734(a)(13) of 
the International Security and Development Cooperation Act of 1981 
(Public Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

         policy statement on united states arms sales to israel

    Sec. 26.\7\ In accordance with the historic special 
relationship between the United States and Israel and previous 
agreements and continuing understandings, the Congress joins 
with the President in reaffirming that a policy of restraint in 
United States arms transfers, including arms sales ceilings, 
shall not impair Israel's deterrent strength or undermine the 
military balance in the Middle East.

           review of arms sales controls on non-lethal items

    Sec. 27.\7\ The President shall undertake a review of all 
regulations relating to arms control for the purpose of 
defining and categorizing lethal and non-lethal products and 
establishing the appropriate level of control for each 
category.

                           republic of korea

    Sec. 28. (a)(1) It is the sense of the Congress that the 
President should take all effective measures to assure that the 
Republic of Korea is cooperating fully with the investigation 
(including any resulting prosecutions) being conducted by the 
Department of Justice with respect to allegations of improper 
activity in the United States by agents of the Republic of 
Korea.
    (2) \10\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \10\ Par. (2), which required a report every 90 days from the 
President regarding the extent to which Korea was cooperating with the 
investigation being conducted by the Department of Justice, was 
repealed by sec. 734(a)(13) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

    (b) It is the further sense of the Congress that the 
President should take all effective measures to assure that the 
Republic of Korea is cooperating fully with the investigations 
being conducted by committees of Congress.

                           piaster conversion

    Sec. 29.\11\ No provision of law shall be construed to 
prevent payment of claims of former and present Vietnamese 
employees of the Agency for International Development, who 
presently reside in the United States, for the conversion of 
Vietnamese piasters to dollars because such conversion cannot 
take place in the territory of the former Republic of Vietnam 
or because the official with whom such piasters were deposited 
was not a United States disbursing officer.

-----------------------------------------------------------------------
    \11\ 22 U.S.C. 2431 note.
-----------------------------------------------------------------------



  r. International Security Assistance and Arms Export Control Act of 
                                  1976

Partial text of Public Law 94-329 [H.R. 13680], 90 Stat. 729, approved 
June 30, 1976, as amended by Public Law 95-384 [International Security 
 Assistance Act of 1978, S. 3075], 92 Stat. 730 at 735, 737, and 747, 
approved September 26, 1978; Public Law 96-533 [International Security 
 and Development Cooperation Act of 1980, H.R. 6942], 94 Stat. 3131 at 
  3141, approved December 16, 1980; Public Law 97-113 [International 
 Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 
 1519 at 1554 and 1560, approved December 29, 1981; and by Public Law 
103-199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 
                                17, 1993

_______________________________________________________________________

          Note.--Except for the provisions noted below, the 
        International Security Assistance and Arms Export 
        Control Act of 1976 consists of amendments to the 
        Foreign Assistance Act of 1961, Foreign Assistance Act 
        of 1973, the Foreign Military Sales Act, the Foreign 
        Military Sales Act Amendments, 1971, and the Mutual 
        Security Act of 1954.
_______________________________________________________________________


  AN ACT To amend the Foreign Assistance Act of 1961 and the Foreign 
              Military Sales Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``International Security Assistance and 
Arms Export Control Act of 1976''.

        *        *        *        *        *        *        *        

             international military education and training

    Sec. 106. (a) * * *
    (b) * * *
    (c) \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 amended or repealed by this section shall continue in full 
force and effect until modified, revoked, or superseded by 
appropriate authority.

-----------------------------------------------------------------------
    \1\ 22 U.S.C. 2321a note.
-----------------------------------------------------------------------

     (d) \2\ Funds made available pursuant to other provisions 
of law for foreign military educational and training activities 
shall remain available for obligation and expenditure for their 
original purposes in accordance with the provisions of law 
originally applicable to those purposes or in accordance with 
the provisions of law currently applicable to those purposes.

-----------------------------------------------------------------------
    \2\ 22 U.S.C. 2347 note.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                           arms sales policy

    Sec. 201. (a) * * *
    (b) Any reference to the Foreign Military Sales Act shall 
be deemed to be a reference to the Arms Export Control Act.
    Sec. 202. (a) * * *
    (b) \3\ * * * [Repealed--1978]

-----------------------------------------------------------------------
    \3\ Sec. 202. (b), which had required a study by the President 
regarding U.S. arms sales policies and practices, was repealed by sec. 
29(c)(1)(A) of the International Security Assistance Act of 1978 
(Public Law 95-384; 92 Stat. 747).
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

      control of licenses with respect to arms exports and imports

    Sec. 212. (a) * * *
    (b)(1) Section 414 of the Mutual Security Act of 1954 is 
repealed. Any reference to such section shall be deemed to be a 
reference to section 38 of the Arms Export Control Act and any 
reference to licenses issued under section 38 of the Arms 
Export Control Act shall be deemed to include a reference to 
licenses issued under section 414 of the Mutual Security Act of 
1954.
    (2) All determinations, authorizations, regulations, 
orders, contracts, agreements, and other actions issued, 
undertaken, or entered into under section 414 of the Mutual 
Security Act of 1954 shall continue in full force and effect 
until modified, revoked, or superseded by appropriate 
authority.

        *        *        *        *        *        *        *        

    Sec. 217.\4\ Report On Sales of Excess Defense Articles * * 
* [Repealed--1978]

-----------------------------------------------------------------------
    \4\ Secs. 217 and 218 were repealed by sec. 29(c)(1) of the 
International Security Assistance Act of 1978 (Public Law 95-384; 92 
Stat. 747).
-----------------------------------------------------------------------

    Sec. 218.\4\ Study of the Effects of Arms Export Control 
Provisions * * * [Repealed--1978]

        *        *        *        *        *        *        *        

    Sec. 404.\5\ Limitation on Certain Assistance to and 
Activities in Angola * * * [Repealed--1980]

-----------------------------------------------------------------------
    \5\ Sec. 404 was repealed by sec. 118(e) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3141).
-----------------------------------------------------------------------

    Sec. 405.\6\ Soviet Intervention in Angola * * * 
[Repealed--1993]

-----------------------------------------------------------------------
    \6\ Sec. 703 of the FRIENDSHIP Act [Public Law 103-199; 107 Stat. 
2317) repealed sec. 405.
-----------------------------------------------------------------------

    Sec. 406.\7\ Limitations on Economic Assistance, Military 
Assistance, Sales, and Sales Credits for Chile * * * 
[Repealed--1981]

-----------------------------------------------------------------------
    \7\ Sec. 406, which had prohibited military assistance, sales, the 
issuance of export licenses under the Arms Export Control Act, Economic 
Support Fund aid, and peacekeeping programs for Chile and had placed 
conditions and limitations on economic assistance for Chile during the 
transition quarter and fiscal year 1977, was repealed by sec. 726(a) of 
the International Security and Development Cooperation Act of 1981 
(Public Law 97-113; 95 Stat. 1554). While sec. 726 lifted this 
prohibition, it also imposed certain conditions and restrictions on 
future U.S. aid to Chile.
-----------------------------------------------------------------------

             control of military forces in the indian ocean

    Sec. 407.\8\ It is the sense of Congress that the President 
should undertake to enter into negotiations with the Soviet 
Union intended to achieve an agreement limiting the deployment 
of naval, air, and land forces of the Soviet Union and the 
United States in the Indian Ocean and littoral countries. Such 
negotiations should be convened as soon as possible and should 
consider, among other things, limitations with respect to--

-----------------------------------------------------------------------
    \8\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------

          (1) the establishment or use of facilities for naval, 
        air, or land forces in the Indian Ocean and littoral 
        countries;
          (2) the number of naval vessels which may be deployed 
        in the Indian Ocean, or the number of ``shipdays'' 
        allowed therein; and
          (3) the type and number of military forces and 
        facilities allowed therein.
    (b) \9\ * * * [Repealed--1978]

-----------------------------------------------------------------------
    \9\ Subsec. (b), which had required a report from the President 
concerning the steps he had taken to carry out the provisions of 
section 407, was repealed by sec. 29(c)(1)(D) of the International 
Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 747).
-----------------------------------------------------------------------

              united states citizens imprisoned in mexico

    Sec. 408.\10\ (a) The Congress, while sharing the concern 
of the President over the urgent need for international 
cooperation to restrict traffic in dangerous drugs, is 
convinced that such efforts must be consistent with respect for 
fundamental human rights. The Congress, therefore, calls upon 
the President to take steps to insure that United States 
efforts to secure stringent international law enforcement 
measures are combined with efforts to secure fair and humane 
treatment for citizens of all countries.

-----------------------------------------------------------------------
    \10\ 22 U.S.C. 2291 note.
-----------------------------------------------------------------------

    (b) The Congress requests that the President communicate 
directly to the President and Government of the Republic of 
Mexico, a nation with which we have friendly and cooperative 
relations, the continuing desire of the United States for such 
relations between our two countries and the concern of the 
United States over treatment of United States citizens arrested 
in Mexico.
    (2) \11\ * * * [Repealed--1978]

-----------------------------------------------------------------------
    \11\ Par. (2), which had required periodic reports from the 
Secretary of State concerning progress toward full respect for human 
and legal rights of U.S. citizens detained in Mexico, was repealed by 
sec. 29(b) of the International Security Assistance Act of 1978 (Public 
Law 95-384; 92 Stat. 747).
-----------------------------------------------------------------------

                    emergency food needs of portugal

    Sec. 409.\12\ It is the sense of the Congress that the 
President should undertake immediately an evaluation of the 
emergency food needs of Portugal. It is further the sense of 
the Congress that the President should take timely action to 
alleviate such emergency by providing Portugal with food 
commodities under the provisions of pertinent statutes.

-----------------------------------------------------------------------
    \12\ 22 U.S.C. 2293 note.
-----------------------------------------------------------------------

                           strife in lebanon

    Sec. 410.\13\ It is the sense of the Congress that the 
situation in Lebanon, a nation traditionally friendly to the 
United States, poses a danger to peace in the Middle East. The 
Congress deplores the armed civil strife and continuing erosion 
of national institutions which threaten to destroy the 
political and economic fabric of Lebanon with such tragic 
impact on all its people. The Congress views with grave concern 
any outside efforts to exploit the current strife with the 
purpose of transforming Lebanon into a radical state in 
confrontation with Israel. The Congress requests that the 
President use his good offices to secure an end to the civil 
strife and national discord in Lebanon and to preserve the 
traditional friendly attitude of Lebanon toward the United 
States.

-----------------------------------------------------------------------
    \13\ 22 U.S.C. 2441 note.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                                 korea

    Sec. 412.\14\ The Congress views with distress the erosion 
of important civil liberties in the Republic of Korea and 
requests that the President communicate this concern in 
forceful terms to the Government of the Republic of Korea 
within sixty days after enactment.

-----------------------------------------------------------------------
    \14\ 22 U.S.C. 2428 note.
-----------------------------------------------------------------------

                     repeal of indochina assistance

    Sec. 413. (a) Part V of the Foreign Assistance Act of 1961 
and sections 34, 35, 36, 37, 38, 39, and 40 of the Foreign 
Assistance Act of 1974 are repealed. 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 section 
shall continue in full force and effect until modified, 
revoked, or superseded by appropriate authority.
    (b) Subject to the availability of appropriations 
therefore, the President is authorized to adopt as a contract 
of the United States Government, and assume any liabilities 
arising thereunder (in whole or in part), any contract which 
had been funded or approved for funding by the Agency for 
International Development prior to June 30, 1975, for financing 
with funds made available under the Foreign Assistance Act of 
1961 or the Foreign Assistance Act of 1974, or any equitable 
claim based upon a letter of intent issued prior to April 30, 
1975, in which the Agency had expressed its intention to 
finance a transaction subject to the availability of funds, 
between the former Governments of Vietnam or Cambodia 
(including any of their agencies) or the Government of Laos (or 
any of its agencies) and any person and to apply with respect 
to any such contract the authorities of the Foreign Assistance 
Act of 1961.
    (c) Funds made available for the purposes of part V of the 
Foreign Assistance Act of 1961 and of section 36 of the Foreign 
Assistance Act of 1974 (including amounts certified pursuant to 
section 1311 of the Supplemental Appropriation Act, 1955 (31 
U.S.C. 200), as having been obligated against appropriations 
heretofore made) are authorized to be appropriated, and 
thereafter, to remain available until expended, to meet 
necessary expenses arising from the actions authorized by 
subsection (b) of this section and such funds are authorized to 
remain available until expended to meet necessary expenses 
arising from the termination of assistance programs authorized 
by such part and such section 36, which expenses may include 
but need not be limited to the settlement of claims and 
associated personnel costs

        *        *        *        *        *        *        *        

                     interim quarter authorizations

    Sec. 506.\15\ (a) Any authorization of appropriations in 
this Act, or in any amendment to any other law made by this 
Act, for the fiscal year 1976, shall be deemed to include an 
additional authorization of appropriations for the period 
beginning July 1, 1976, and ending September 30, 1976, in 
amounts which equal one-fourth of any amount authorized for the 
fiscal year 1976 and in accordance with the authorities 
applicable to operations and activities authorized under this 
Act or such other law, unless appropriations for the same 
purpose are specifically authorized in a law hereinafter 
enacted.

-----------------------------------------------------------------------
    \15\ 22 U.S.C. 2162 note.
-----------------------------------------------------------------------

    (b) The aggregate total of credits, including 
participations in credits, extended pursuant to the Arms Export 
Control Act and of the principal amount of loans guaranteed 
pursuant to section 24(a) of such Act during the period 
beginning July 1, 1976, and ending September 30, 1976, may not 
exceed an amount equal to one-fourth of the amount authorized 
by section 31(b) of such Act to be extended and guaranteed for 
the fiscal year 1976.
    Sec. 507.\16\ Base Agreements With Spain, Greece, and 
Turkey * * * [Repealed--1981]

-----------------------------------------------------------------------
    \16\ Sec. 507, which had authorized the appropriation of ``such 
sums as may be necessary for the fiscal year 1977'' to carry out base 
agreements with Spain, Greece, and Turkey, was repealed by sec. 
734(a)(14) of the International Security and Development Cooperation 
Act of 1981 (Public Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

                   TITLE VI--MISCELLANEOUS PROVISIONS

                   expedited procedure in the senate

    Sec. 601. (a)(1) The provisions of subsection (b) of this 
section shall apply with respect to the consideration in the 
Senate of any resolution required by law to be considered in 
accordance with such provisions.
    (2) Any such law shall--
          (A) state whether the term ``resolution'' as used in 
        subsection (b) of this section, means, for the purposes 
        of such law--
                  (i) a joint resolution; or
                  (ii) a resolution of either House of 
                Congress;
                  (iii) a concurrent resolution; and
          (B) specify the certification to which such 
        resolution shall apply.
    (b)(1) For purposes of any such law, the continuity of a 
session of Congress is broken only by an adjournment of the 
Congress sine die, and the days on which either House is not in 
session because of an adjournment of more than three days to a 
day certain are excluded in the computation of the period 
indicated.
    (2) Paragraphs (3) and (4) of this subsection are enacted--
          (A) as an exercise of the rulemaking power of the 
        Senate and as such they are deemed a part of the rules 
        of the Senate, but applicable only with respect to the 
        procedure to be followed in the Senate in the case of 
        resolutions described by subsection (a)(1) of this 
        section; and they supersede other rules of the Senate 
        only to the extent that they are inconsistent 
        therewith; and
          (B) with full recognition of the constitutional right 
        of the Senate to change such rules at any time, in the 
        same manner and to the same extent as in the case of 
        any other rule of the Senate.
    (3)(A) If the committee of the Senate to which has been 
referred a resolution relating to a certification has not 
reported such resolution at the end of ten calendar days after 
its introduction, not counting any day which is excluded under 
paragraph (1) of this subsection, it is in order to move either 
to discharge the committee from further consideration of the 
resolution or to discharge the committee from further 
consideration of any other resolution introduced with respect 
to the same certification which has been referred to the 
committee, except that no motion to discharge shall be in order 
after the committee has reported a resolution with respect to 
the same certification.
    (B) A motion to discharge under subparagraph (A) of this 
paragraph may be made only by a Senator favoring the 
resolution, is privileged, and debate thereon shall be limited 
to not more than 1 hour, to be divided equally between those 
favoring and those opposing the resolution, the time to be 
divided equally between, and controlled by, the majority leader 
and the minority leader or their designees. An amendment to the 
motion is not in order, and it is not in order to move to 
reconsider the vote by which the motion is agreed to or 
disagreed to.
    (4)(A) A motion in the Senate to proceed to the 
consideration of a resolution shall be privileged. An amendment 
to the motion shall not be in order, nor shall it be in order 
to move to reconsider the vote by which the motion is agreed to 
or disagreed to.
    (B) Debate in the Senate on a resolution, and all debatable 
motions and appeals in connection therewith, shall be limited 
to not more than 10 hours, to be equally divided between, and 
controlled by, the majority leader and the minority leader or 
their designees.
    (C) Debate in the Senate on any debatable motion or appeal 
in connection with a resolution shall be limited to not more 
than 1 hour, to be equally divided between, and controlled by, 
the mover and the manager of the resolution, except that in the 
event the manager of the resolution is in favor of any such 
motion or appeal, the time in opposition thereto, shall be 
controlled by the minority leader or his designee. Such 
leaders, or either of them, may, from time under their control 
on the passage of a resolution, allot additional time to any 
Senator during the consideration of any debatable motion or 
appeal.
    (D) A motion in the Senate to further limit debate on a 
resolution, debatable motion, or appeal is not debatable. No 
amendment to, or motion to recommit, a resolution is in order 
in the Senate.

                   procurements from small businesses

    Sec. 602.\17\ In order to encourage procurements from small 
business concerns under chapter 4 of the Foreign Assistance Act 
of 1961, the Administrator of the Agency for International 
Development shall report to the Congress every six months on 
the extent to which small businesses have participated in 
procurements under such chapter and on what efforts the Agency 
has made to foster such procurements from small business 
concerns. The Small Business Administration shall lend all 
available assistance to the Agency for the purpose of carrying 
out this section.\18\

-----------------------------------------------------------------------
    \17\ 22 U.S.C. 2352 note.
    \18\ The responsibilities vested to the Administrator of AID under 
this section were transferred to the Director of IDCA, pursuant to sec. 
6 of Reorganization Plan No. 2 of 1979 (establishing IDCA).
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                            use of personnel

    Sec. 605.\19\ (a) Nothing in this Act is intended to 
authorize any additional military or civilian personnel for the 
Department of Defense for the purposes of this Act, the Foreign 
Assistance Act of 1961, or the Arms Export Control Act. 
Personnel levels authorized in statutes authorizing 
appropriations for military and civilian personnel of the 
Department of Defense shall be controlling over all military 
and civilian personnel of the Department of Defense assigned to 
carry out functions under the Arms Export Control Act and the 
Foreign Assistance Act of 1961.

-----------------------------------------------------------------------
    \19\ 22 U.S.C. 2751 note.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                     extortion and illegal payments

    Sec. 607.\20\ Within 60 days after receiving information 
which substantiates that officials of a foreign country 
receiving international security assistance have (1) received 
illegal or otherwise improper payments from a United States 
corporation in return for a contract to purchase defense 
articles or services from such corporation, or (2) extorted, or 
attempted to extort, money or other things of value in return 
for actions by officials of that country that permit a United 
States citizen or corporation to conduct business in that 
country, the President shall submit to Congress a report 
outlining the circumstances of such payment or extortion. The 
report shall contain a recommendation from the President as to 
whether the United States should continue a security assistance 
program for that country.

-----------------------------------------------------------------------
    \20\ 22 U.S.C. 2394a.
-----------------------------------------------------------------------

              extension of airport at pinecreek, minnesota

    Sec. 608. The consent of Congress is hereby granted for the 
State of Minnesota or a subdivision or instrumentality thereof 
to enter into an agreement with the Government of Canada, a 
Canadian Province, or a subdivision or instrumentality of 
either, providing for the extension of the Pinecreek Airport at 
Pinecreek, Minnesota, into the Province of Manitoba, Canada, 
and the operation of the airport by a joint Canadian-American 
airport authority. The effectiveness of such agreement shall be 
conditioned on its approval by the Secretary of State.



      s. International Development and Food Assistance Act of 1975

 Partial text of Public Law 94-161 [H.R. 9005], 89 Stat. 849, approved 
   December 20, 1975, as amended by Public Law 97-113 [International 
 Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 
                1519 at 1560, approved December 29, 1981

_______________________________________________________________________

          Note.--Except for the provisions noted below, the 
        International Development and Food Assistance Act of 
        1975 consists of amendments to the Foreign Assistance 
        Act of 1961, the Foreign Assistance Act of 1974, and 
        the Agricultural Trade Development and Assistance Act 
        of 1954 (Public Law 480).
_______________________________________________________________________


AN ACT To authorize assistance for disaster relief and rehabilitation, 
  to provide for overseas distribution and production of agricultural 
  commodities, to amend the Foreign Assistance Act of 1961, and other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``International Development and Food 
Assistance Act of 1975''.

        *        *        *        *        *        *        *        

    Sec. 213.\1\ Report Regarding Implementation of 
Recommendations of World Food Conference * * * [Repealed--1981]

-----------------------------------------------------------------------
    \1\ Sec. 213, which had required a report from the President on 
steps he had taken to carry out the recommendations of the World Food 
Conference, was repealed by sec. 734(a)(7) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1560). The President submitted this report to Congress on 
November 1, 1976.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                   limitation on assistance to chile

    Sec. 320. Notwithstanding any other provision of law, the 
total amount of economic assistance (including but not limited 
to housing guaranties and sales under title I of the 
Agricultural Trade Development and Assistance Act of 1954) that 
may be made available to Chile may not exceed $90,000,000 
during the fiscal year 1976.

               settlement of debt owed the united states

    Sec. 321.\2\ No debt owed to the United States by any 
foreign country with respect to the payment of any loan made 
under any program funded under this Act may be settled in an 
amount less than the full amount of such debt unless the 
Congress by concurrent resolution approves of such settlement.

-----------------------------------------------------------------------
    \2\ 22 U.S.C. 2220a note.
-----------------------------------------------------------------------

 participation by other countries in providing assistance to israel or 
                                 egypt

    Sec. 322. It is the sense of the Senate that the President 
should attempt to negotiate an equitable share of participation 
by the countries of Western Europe, Japan, and the United 
Nations in providing assistance to Israel or Egypt.



                   t. Foreign Assistance Act of 1974

 Partial text of Public Law 93-559 [S. 3394], 88 Stat. 1795, approved 
   December 30, 1974, as amended by Public Law 94-329 [International 
 Security Assistance and Arms Export Control Act of 1976, H.R. 13680], 
 90 Stat. 729 at 761, approved June 30, 1976; and by Public Law 97-113 
  [International Security and Development Cooperation Act of 1981, S. 
        1196], 95 Stat. 1519 at 1560, approved December 29, 1981

_______________________________________________________________________

          Note.--Except for the provisions noted below, the 
        Foreign Assistance Act of 1974 consists of amendments 
        to the Foreign Assistance Act of 1961, the Foreign 
        Military Sales Act, and the 1971 Act to amend the FMS 
        Act.
_______________________________________________________________________


   AN ACT To amend the Foreign Assistance Act of 1961, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Foreign Assistance Act of 1974''.

        *        *        *        *        *        *        *        

    Sec. 3.\1\ Ceiling on Fertilizers to South Vietnam * * * 
[Repealed--1981]

-----------------------------------------------------------------------
    \1\ Sec. 3, which had prohibited the use of funds during fiscal 
year 1975 to procure agricultural fertilizers for South Vietnam and set 
a ceiling for the procurement of such fertilizers in future years for 
South Vietnam, was repealed by sec. 734(a)(8) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1560).
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

    Sec. 17.\2\ Review of Military Assistance Program * * * 
[Repealed--1978]

-----------------------------------------------------------------------
    \2\ Sec. 17 was repealed by sec. 29(c)(4) of the International 
Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 747).
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

    Sec. 25.\3\ Limitation Upon Assistance to or for Chile * * 
* [Repealed--1981]

-----------------------------------------------------------------------
    \3\ Sec. 25, which had limited assistance to Chile during fiscal 
year 1975 to $25,000,000 (which could not include military aid or 
security supporting assistance), was repealed by sec. 734(a)(8) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

    Sec. 26.\4\ Limitation on Military Assistance and Excess 
Defense Articles to Korea * * * [Repealed--1981]

-----------------------------------------------------------------------
    \4\ Sec. 26, which had set a ceiling of $145,000,000 in military 
assistance and $165,000,000 in excess defense articles for Korea during 
fiscal year 1975, was repealed by sec. 734(a)(8) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-118; 95 
Stat. 1560).
-----------------------------------------------------------------------

    Sec. 27.\5\ Limitation on Assistance for India * * * 
[Repealed--1981]

-----------------------------------------------------------------------
    \5\ Sec. 27, which had set a limit of $50,000,000 in economic and 
military assistance for India during fiscal year 1975, was repealed by 
sec. 734(a)(8) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113 95 Stat. 1560).
-----------------------------------------------------------------------

                       famine or disaster relief

    Sec. 28.\6\ (a) * * *

-----------------------------------------------------------------------
    \6\ 22 U.S.C. 2399 note.
-----------------------------------------------------------------------

    (b) Of the funds appropriated to carry out section 639 of 
the Foreign Assistance Act of 1961, during fiscal year 1975 not 
less than $25,000,000 shall be made available to Cyprus for the 
purposes of such section 639.

        *        *        *        *        *        *        *        

    Secs. 34-40.\7\ * * * [Repealed--1976]

-----------------------------------------------------------------------
    \7\ Secs. 34, 35, 36, 37, 38, 39, and 40, all relating to U.S. 
Policy in Indochina, were repealed by sec. 413(a) of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 761).
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

    Sec. 43.\8\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \8\ Sec. 43, which had prohibited the use of funds authorized by 
this Act from supporting the construction, operation, maintenance, or 
the supply of fuel for any nuclear powerplant in Israel or Egypt, was 
repealed by sec. 734(a)(8) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                       gorgas memorial institute

    Sec. 47. The first section of the Act entitled ``An Act to 
authorize a permanent annual appropriation for the maintenance 
and operation of the Gorgas Memorial'', approved May 7, 
1928,\9\ is amended by striking out ``$500,000'' and inserting 
``$2,000,000'' in lieu thereof.

-----------------------------------------------------------------------
    \9\ 22 U.S.C. 278.
-----------------------------------------------------------------------

     international commission of control and supervision in vietnam

    Sec. 48.\10\ (a) There are authorized to be appropriated to 
the Department of State for fiscal year 1975 not to exceed 
$16,526,000 for payments by the United States to help meet 
expenses of the International Commission of Control and 
Supervision in Vietnam. Funds appropriated under this 
subsection are authorized to be made available for 
reimbursement to the Agency for International Development of 
amounts expended by the Agency during fiscal year 1975 as 
interim United States payments to help meet expenses of the 
International Commission of Control and Supervision.

-----------------------------------------------------------------------
    \10\ 22 U.S.C. 2431 note.
-----------------------------------------------------------------------

    (b) There are authorized to be appropriated to the 
Department of State not to exceed $11,200,000 for reimbursement 
to the Agency for International Development of amounts expended 
by the Agency for International Development to help meet 
expenses of the International Commission on Control and 
Supervision in fiscal year 1974.
    (c) Reimbursements received by the Agency for International 
Development under this section may be credited to applicable 
appropriations of the Agency and shall be available for the 
purposes for which such appropriations are authorized to be 
used during fiscal year 1975.
    Sec. 49.\11\ Policy on Assistance to Africa * * * 
[Repealed--1981]

-----------------------------------------------------------------------
    \11\ Sec. 49, which had required a report from the President on 
action taken to provide the developing countries of Africa with an 
equitable share of U.S. economic assistance, was repealed by sec. 
734(a)(8) of the International Security and Development Cooperation Act 
of 1981 (Public Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

  policy on the independence of angola, mozambique, and guinea-bissau

    Sec. 50.\12\ (a)(1) Congress finds that the Government of 
Portugal's recognition of the right to independence of the 
African territories of Angola, Mozambique, and Guinea-Bissau 
marks a significant advance toward the goal of self-
determination for all the peoples of Africa, without which 
peace on the continent is not secure.

-----------------------------------------------------------------------
    \12\ 22 U.S.C. 2166 note.
-----------------------------------------------------------------------

    (2) Congress finds that progress toward independence for 
the Portuguese African territories will have a significant 
impact on the international organizations and the community of 
nations.
    (3) Congress commends the Portuguese Government's 
initiatives on these fronts as evidence of a reaffirmation of 
that Government's support for her obligations under both the 
United Nations Charter and the North Atlantic Treaty 
Organizations.
    (b) Therefore, Congress calls upon the President and the 
Secretary of State to take the following actions designed to 
make clear United States support for a peaceful and orderly 
transition to independence in the Portuguese African 
territories:
          (1) An official statement should be issued of United 
        States support for the independence of Angola, 
        Mozambique, and Guinea-Bissau, and of our desire to 
        have good relations with the future governments of the 
        countries.
          (2) It should be made clear to the Government of 
        Portugal that we view the efforts toward a peaceful and 
        just settlement of the conflict in the African 
        territories as consistent with Portugal's obligations 
        under the North Atlantic Treaty Organization 
        partnership.
          (3) The United States should encourage United Nations 
        support for a peaceful transition to independence, 
        negotiated settlement of all differences, and the 
        protection of human rights of all citizens of the three 
        territories.
          (4) The United States should open a dialog with 
        potential leaders of Angola, Mozambique, and Guinea-
        Bissau and assure them of our commitment to their 
        genuine political and economic independence.
          (5) The economic development needs of the three 
        territories will be immense when independence is 
        achieved. Therefore, it is urged that the United States 
        Agency for International Development devote attention 
        to assessing the economic situation in Angola, 
        Mozambique, and Guinea-Bissau and be ready to cooperate 
        with the future governments in providing the kind of 
        assistance that will help make their independence 
        viable. In addition, the United States Government 
        should take the initiative among other donors, both 
        bilateral and multilateral, in seeking significant 
        contribution of development assistance for the three 
        territories.
          (6) In light of the need of Angola, Mozambique, and 
        Guinea-Bissau for skilled and educated manpower, a 
        priority consideration should be given to expanding 
        current United States programs of educational 
        assistance to the territories as a timely and 
        substantive contribution to their independence.
    (c) \13\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \13\ Subsec. (c), which had required a report from the President on 
the implementation of the proposals outlined in subsec. (b), was 
repealed by sec. 734(a)(8) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). 
The President submitted this report to Congress on June 4, 1975.
-----------------------------------------------------------------------

                        conventional arms trade

    Sec. 51.\14\ (a) It is the sense of the Congress that the 
recent growth in international transfers of conventional arms 
to developing nations--

-----------------------------------------------------------------------
    \14\ 22 U.S.C. 2551 note.
-----------------------------------------------------------------------

          (1) is a cause for grave concern for the United 
        States and other nations in that in particular areas of 
        the world it increases the danger of potential violence 
        among nations, and diverts scarce world resources from 
        more peaceful uses; and
          (2) could be controlled progressively through 
        negotiations and agreements among supplier and 
        recipient nations.
    (b) Therefore, the President is urged to propose to the 
Geneva Conference of the Committee on Disarmament that it 
consider as a high priority agenda item discussions among 
participating nations of that Conference for the purposes of--
          (1) agreeing to workable limitations on conventional 
        arms transfers; and
          (2) establishing a mechanism through which such 
        limitations could be effectively monitored.
    (c) \15\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \15\ Subsec. (c), which had required a report from the President on 
steps he has taken to carry out this section, was repealed by sec. 
734(a)(8) of the International Security and Development Cooperation Act 
of 1981 (Public Law 97-113; 95 Stat. 1560). The President submitted 
this report on June 30, 1975.
-----------------------------------------------------------------------

      involvement of puerto rico in the caribbean development bank

    Sec. 52. (a) The President may transmit to the Caribbean 
Development Bank an instrument stating that the Commonwealth of 
Puerto Rico has the authority to conclude an agreement of 
accession with such Bank and to assume rights and obligations 
pursuant to such agreement. However, such agreement may only be 
concluded after it has been approved by the United States 
Secretary of State.
    (b) The instrument transmitted by the President to the 
Caribbean Development Bank under subsection (a) shall state 
that the United States shall not assume any financial or other 
responsibility for the performance of any obligation incurred 
by the Commonwealth of Puerto Rico pursuant to such agreement 
of accession or pursuant to any other aspect of its membership 
or participation in such Bank.
    (c) Such agreement of accession shall provide that the 
Commonwealth of Puerto Rico may not receive from the Caribbean 
Development Bank any funds provided to the Bank by the United 
States.

        *        *        *        *        *        *        *        

   policy with respect to countries most seriously affected by food 
                               shortages

    Sec. 55.\16\ (a) The United Nations has designated thirty-
two countries as ``Most Seriously Affected'' by the current 
economics crisis. These are countries without the internal food 
production capability or the foreign exchange availability to 
secure food to meet their immediate food requirements. The 
Congress calls upon the President and Secretary of State to 
take the following actions designed to mobilize appropriate 
resources to meet the food emergency:

-----------------------------------------------------------------------
    \16\ 22 U.S.C. 2175 note.
-----------------------------------------------------------------------

          (1) Review and make appropriate adjustments in the 
        level of programming of our food and fertilizer 
        assistance programs with the aim of increasing to the 
        maximum extent feasible the volume of food and 
        fertilizer available to those countries most seriously 
        affected by current food shortages.
          (2) Call upon all traditional and potential new 
        donors of food, fertilizer, or the means financing 
        these commodities to immediately increase their 
        participation in efforts to address the emergency food 
        needs of the developing world.
          (3) Make available to these most seriously affected 
        countries the maximum feasible volume of food 
        commodities, with appropriate regard to the current 
        domestic price and supply situations.
          (4) Maintain regular and full consultation with the 
        appropriate committees of the Congress and report to 
        the Congress and the Nation on steps which are being 
        taken to help meet this food emergency. In accordance 
        with this provision, the President shall report to the 
        Congress on a global assessment of food needs for 
        fiscal year 1975, specifying expected food grain 
        deficits and currently planned programming of food 
        assistance, and steps which are being taken to 
        encourage other countries to increase their 
        participation in food assistance or the financing of 
        food assistance. Such report should reach the Congress 
        promptly and should be supplemented quarterly for the 
        remainder of fiscal year 1975.
          (5) The Congress directs that during the fiscal year 
        ending June 30, 1975, not more than 30 percent of 
        concessional food aid should be allocated to countries 
        other than those which are most seriously affected by 
        current food shortages, unless the President 
        demonstrates to the appropriate Committees of the 
        Congress that use of such food assistance is solely for 
        humanitarian food purposes.
          (6) The Congress calls upon the President to proceed 
        with the implementation of resolutions and 
        recommendations adopted by the World Food Conference. 
        The Congress believes that it is incumbent upon the 
        United States to take a leading role in assisting in 
        the development of a viable and coherent world food 
        policy which would begin the task of alleviating 
        widespread hunger and suffering prevalent in famine-
        stricken nations. The President shall report to the 
        Congress within 120 days of enactment of this Act on 
        the implementation of the resolutions and the extent to 
        which the United States is participating in the 
        implementation of resolutions adopted at the World Food 
        Conference.

                     repayment of loans in default

    Sec. 56.\17\ It is the sense of the Congress that any 
country receiving assistance under the Foreign Assistance Act 
of 1961 which is in default, at least 90 days prior to the date 
of enactment of this Act, of any payment of principal or 
interest due on any loan or credit received from the United 
States shall promptly pay all such principal and interest. It 
is further the sense of the Congress that the President shall 
promptly enter into negotiations with each such country to help 
effectuate the payment of such principal and interest, or to 
effectuate the transfer by such country to the United States of 
goods, services, concessions, or actions beneficial to the 
United States, in lieu of the payment of such principal and 
interest.

-----------------------------------------------------------------------
    \17\ 22 U.S.C. 2379 note.
-----------------------------------------------------------------------



                   u. Foreign Assistance Act of 1973

  Partial text of Public Law 93-189 [S. 1443], 87 Stat. 714, approved 
   December 17, 1973; as amended by Public Law 97-113 [International 
 Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 
                1519 at 1560, approved December 29, 1981

_______________________________________________________________________

          Note.--Except for the provisions noted below, the 
        Foreign Assistance Act of 1973 consists of amendments 
        to the Foreign Assistance Act of 1961, the Foreign 
        Military Sales Act, the 1971 Act to amend the FMS Act, 
        and Sec. 414 of the Mutual Security Act of 1954.
_______________________________________________________________________

        *        *        *        *        *        *        *        

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Foreign Assistance Act of 1973''.

        *        *        *        *        *        *        *        

                         asian development bank

    Sec. 28.\1\ Section 17 of the Asian Development Bank Act 
\2\ is amended by striking out ``$60,000,000 for fiscal year 
1972 and $40,000,000 for fiscal year 1973'' and inserting in 
lieu thereof ``$100,000,000''.

-----------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
    \2\ For text, see Legislation on Foreign Relations Through 1997, 
vol. III, sec. I.
-----------------------------------------------------------------------

    Sec. 29.\3\ * * * [Repealed--1974]

-----------------------------------------------------------------------
    \3\ Former sec. 29 regarding access to certain military bases 
abroad was repealed by sec. 29(b) of the FA Act of 1974 (Public Law 93-
559).
-----------------------------------------------------------------------

                      termination of indochina war

    Sec. 30.\1\ No funds authorized or appropriated under this 
or any other law may be expended to finance military or 
paramilitary operations by the United States in or over 
Vietnam, Laos, or Cambodia.

                       limitation on use of funds

    Sec. 31.\1\ No funds authorized or appropriated under any 
provision of law shall be made available for the purpose of 
financing directly or indirectly any military or paramilitary 
combat operations by foreign forces in Laos, Cambodia, North 
Vietnam, South Vietnam, or Thailand unless (1) such operations 
are conducted by the forces of that government receiving such 
funds within the borders of that country, or (2) specifically 
authorized by law enacted after the date of enactment of this 
Act.

                          political prisoners

    Sec. 32.\4\ It is the sense of Congress that the President 
should deny any economic or military assistance to the 
government of any foreign country which practices the 
internment or imprisonment of that country's citizens for 
political purposes.

-----------------------------------------------------------------------
    \4\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------

                       albert schweitzer hospital

    Sec. 33.\4\ There is authorized to be appropriated to the 
President for fiscal year 1974 $1,000,000 \5\ to make grants, 
on such terms and conditions as he may specify, to the Albert 
Schweitzer Hospital in Gabon.

-----------------------------------------------------------------------
    \5\ The Foreign Assistance and Related Programs Appropriations Act, 
1974 (Public Law 93-240; 87 Stat. 1175) appropriated $1,000,000.
-----------------------------------------------------------------------

           prisoners of war and individuals missing in action

    Sec. 34.\4\ (a) The Congress declares that--
          (1) the families of those one thousand three hundred 
        individuals missing in action during the Indochina 
        conflict have suffered extraordinary torment in 
        ascertaining the full and complete information about 
        their loved ones who are formally classified as missing 
        in action;
          (2) United States involvement in the Indochina 
        conflict has come to a negotiated end with the signing 
        of the Vietnam Agreement in Paris on January 27, 1973, 
        and section 307 of the Second Supplemental 
        Appropriations Act, 1973, requires that ``None of the 
        funds herein appropriated under this Act may be 
        expended to support directly or indirectly combat 
        activities in or over Cambodia, Laos, North Vietnam and 
        South Vietnam or off the shores of Cambodia, Laos, 
        North Vietnam and South Vietnam by United States 
        forces, and after August 15, 1973, no other funds 
        heretofore appropriated under any other Act may be 
        expended for such purpose.'';
          (3) the question of the return of prisoners of war 
        and accounting for individuals missing in action and 
        dead in Laos is covered by article 18 of the Protocol 
        signed by representatives of the Lao Patriotic Front 
        (Pathet Lao) and the Royal Laotian Government in 
        Vientiane on September 14, 1973 (which implements 
        article 5 of the Agreement signed by the Pathet Lao and 
        that government in Vientiane on February 21, 1973, 
        requiring the release of all prisoners ``regardless of 
        nationality'' captured and held in Laos), and paragraph 
        C of such article 18 provides that, within ``15 to 30 
        days'' from the date of the signing of the Protocol, 
        each side is to report the number of those prisoners 
        and individuals still held, with an indication of their 
        nationality and status, together with a list of names 
        and any who died in captivity; and
          (4) few of the United States men lost in Laos during 
        the military engagements in Indochina have been 
        returned, and with knowledge about many of these men 
        not yet being fully disclosed, and the North Vietnam 
        cease-fire provisions calling for inspection of crash 
        and grave sites and for other forms of cooperation have 
        not been fully complied with.
    (b) It is, therefore, the sense of the Congress that--
          (1) the provisions for the release of prisoners and 
        an accounting of individuals missing and dead, as 
        provided for in article 18 of the Protocol signed on 
        September 14, 1973, by the Pathet Lao and the Royal 
        Laotian Government, be adhered to in spirit and in 
        deed; and
          (2) the faithful compliance with the spirit of the 
        Laotian Agreement and Protocol on the question of 
        individuals missing in action will encourage all 
        parties in Indochina to cooperate in providing complete 
        information on all nationals of any nation who may be 
        captured or missing at any place in Indochina.

                            rights in chile

    Sec. 35.\6\ It is the sense of the Congress that (1) the 
President should request the Government of Chile to protect the 
human rights of all individuals, Chilean and foreign, as 
provided in the Universal Declaration of Human Rights, the 
Convention and Protocol Relating the Status of Refugees, and 
other relevant international legal instruments guaranteeing the 
granting of asylum, safe conduct, and the humane treatment or 
release of prisoners; (2) the President should support 
international humanitarian initiatives by the United Nations 
High Commissioner for Refugees and the International Committee 
of the Red Cross to insure the protection and safe conduct and 
resettlement of political refugees, the humane treatment of 
political prisoners, and the full inspection of detention 
facilities under international auspices; (3) the President 
should support and facilitate efforts by voluntary agencies to 
meet emergency relief needs; and (4) the President should 
request of the Inter-American Commission on Human Rights to 
undertake an immediate inquiry into recent events occurring in 
Chile.

-----------------------------------------------------------------------
    \6\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------

            revision of social progress trust fund agreement

    Sec. 36.\6\ (a) The President or his delegate shall seek, 
as soon as possible, a revision of the Social Progress Trust 
Fund Agreement (dated June 19, 1961) between the United States 
and the Inter-American Development Bank. Such revision should 
provide for the--
          (1) periodic transfer of unencumbered capital 
        resources of such trust fund, and of any future 
        repayments or other accruals otherwise payable to such 
        trust fund, to the Inter-American Foundation, to be 
        administered by the Foundation for purposes of part IV 
        of the Foreign Assistance Act of 1969 (22 U.S.C. 290f 
        and following);
          (2) utilization of such unencumbered capital 
        resources, future repayments, and other accruals by the 
        Inter-American Development Bank for purposes of 
        sections 1 and 2 of the Latin American Development Act 
        \7\ (22 U.S.C. 1942 and 1943) in such a way that the 
        resources received in the currencies of the more 
        developed member countries are utilized to the extent 
        possible for the benefit of the lesser developed member 
        countries; or

-----------------------------------------------------------------------
    \7\ For text, see Legislation on Foreign Relations Through 1997, 
vol. I-B.
-----------------------------------------------------------------------

          (3) both the transfer described in paragraph (1) and 
        the utilization described in paragraph (2).
    (b) Any transfer or utilization under this section shall be 
in such proportions as may be agreed to between the United 
States and the Inter-American Development Bank.
    (c) Any transfer under subsection (a)(1) shall be in the 
amounts, and in available currencies, determined in 
consultation with the Inter-American Foundation, to be required 
for its program purposes.
    (d) The revision of the Social Progress Trust Fund 
Agreement pursuant to this section shall provide that the 
President or his delegate shall specify, from time to time, 
after consultation with the Inter-American Development Bank, 
the particular currencies to be used in making the transfer or 
utilization described in the section.
    (e) \8\ * * * [Repealed--1981]

-----------------------------------------------------------------------
    \8\ Subsec. (e), which had required a report from the President on 
his action taken pursuant to this section, was repealed by sec. 
734(a)(9) of the International Security and Development Cooperation Act 
of 1981 (Public Law 97-113; 95 Stat. 1560). The President submitted 
this report on January 3, 1974.
-----------------------------------------------------------------------

    Sec. 37.\9\ Prohibition on Assistance to North Vietnam * * 
* [Repealed--1981]

-----------------------------------------------------------------------
    \9\ Sec. 37, which had prohibited the use of funds authorized in 
this Act (fiscal year 1974) for assistance to North Vietnam, was 
repealed by sec. 734(a)(9) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

    Sec. 38.\10\ Report Concerning Certain Use of Military 
Assistance in Africa * * * [Repealed--1981]

-----------------------------------------------------------------------
    \10\ Sec. 38, which had required the President to make a 
determination with respect to the use, if any, by any non-African 
country in support of its military activities in its African 
territories of U.S. economic military, or food assistance, was repealed 
by sec. 734(a)(9) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). The 
President submitted this determination to Congress on May 3, 1974.
-----------------------------------------------------------------------

                          world food shortages

    Sec. 39.\11\ (a) It is the sense of the Congress that the 
United States should participate fully in efforts to alleviate 
current and future food shortages which threaten the world. To 
this end, the President shall--

-----------------------------------------------------------------------
    \11\ 22 U.S.C. 2220 note.
-----------------------------------------------------------------------

          (1) encourage, support, and expedite studies relating 
        to the long-range implications of the world food 
        situation (including studies of national and world 
        production, distribution, and utilization of 
        agricultural commodities and other foodstuffs) and 
        support the organizing of a world food conference under 
        United Nations auspices in 1974;
          (2) request the member nations of the General 
        Agreement on Tariffs and Trade to explore the means of 
        assuring equitable access by all nations to national 
        markets and mineral and agricultural resources;
          (3) Consult and cooperate with appropriate 
        international agencies, such as the Food and 
        Agricultural Organization of the United Nations, in 
        determining the need for, the feasibility of, and cost 
        of an equitably-shared basis of, establishing an 
        international system of strategic food reserves; and
          (4) report his findings and recommendations to the 
        Congress on the implementation of this section no later 
        than December 31, 1974.
    (b) It is further the sense of the Congress that--
          (1) in making assessments which would affect or 
        relate to the level of domestic production, the 
        Executive Branch should include in the estimates of 
        overall utilization the expected demands for 
        humanitarian food assistance through such programs as 
        are carried out under the Agricultural Trade 
        Development and Assistance Act of 1954 (Public Law 
        480); and
          (2) legislation providing increased flexibility for 
        responding to emergency and humanitarian requirements 
        for food assistance should be considered as promptly as 
        possible to the end that the last sentence of section 
        401 of the Agricultural Trade Development and 
        Assistance Act of 1954 (Public Law 480), may be amended 
        by striking the period and inserting in lieu thereof a 
        comma and the following: ``unless the Secretary 
        determines that some part of the exportable supply 
        should be used to carry out the national interest and 
        humanitarian objectives of this Act.''

                      use of local currencies \12\

    Sec. 40.\13\ Effective July 1, 1974, no amount of any 
foreign currency (including principal and interest from loan 
repayments) which accrues in connection with any sale for 
foreign currency under any provision of law may be used under 
any agreement entered into after the date of the enactment of 
this Act, or any revision or extension entered into after such 
date of any prior or subsequent agreement, to provide any 
assistance to any foreign country to procure equipment, 
materials, facilities, or services for the common defense, 
including internal security unless such agreement is 
specifically authorized by legislation enacted after such date.

-----------------------------------------------------------------------
    \12\ See also Mutual Security Act of 1954, as amended (Public Law 
83-665; 68 Stat. 832), sec. 502, Use of Foreign Currencies, in 
Legislation on Foreign Relations Through 1997, vol. I-B.
    \13\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------



                   v. Foreign Assistance Act of 1971

  Partial text of Public Law 92-226 [S. 2819], 86 Stat. 20, approved 
                            February 7, 1972

   AN ACT To amend the Foreign Assistance Act of 1961, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Foreign Assistance Act of 1971''.

_______________________________________________________________________

          Note.--Except for the provisions quoted here, the 
        Foreign Assistance Act of 1971 consists of amendments 
        to the Foreign Assistance Act of 1961, the Foreign 
        Military Sales Act, the 1971 Act to amend the FMS Act, 
        the Act to authorize participation by the United States 
        in the Interparliamentary Union, the Joint Resolution 
        to authorize participation by the United States in 
        parliamentary conferences of the North Atlantic Treaty 
        Organization, Part IV of the Foreign Assistance Act of 
        1969, the Act to provide certain basic authority for 
        the Department of State, the United States Information 
        and Educational Exchange Act of 1948, the Special 
        Foreign Assistance Act of 1971, and Public Law 89-367 
        (Armed Forces Appropriation Authorization, 1966).
_______________________________________________________________________


                         food-for-peace program

    Sec. 2.\1\ It is the sense of the Congress that funds to 
administer the food-for-peace program should not be reduced as 
the result of any reduction in the authorizations provided to 
carry out the Foreign Assistance Act of 1961.

-----------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note. See also the Food for Peace Act of 1966 
(Public Law 89-808; 80 Stat. 1526), in Legislation on Foreign Relations 
Through 1997, vol. I-B.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

    Sec. 304. * * *
    (c) * * *
    (3) The provisions of this subsection \2\ and section 657 
of such Act, as added by subsection (b) of this Act, shall 
apply with respect to each fiscal year commencing on or after 
July 1, 1971.

-----------------------------------------------------------------------
    \2\ This subsection provided that the definition of ``Value'' 
appearing in sec. 644(m) was not applicable when the word ``Value'' was 
used in sec. 657.
-----------------------------------------------------------------------

                   PART IV--MISCELLANEOUS PROVISIONS


        *        *        *        *        *        *        *        

    Sec. 403. Paragraph (9) of section 5314 of title 5, United 
States Code, relating to level III of the Executive Schedule, 
is amended by inserting before the period at the end thereof 
the following: ``and an Under Secretary of State for 
Coordinating Security Assistance Programs''.

        *        *        *        *        *        *        *        

    Sec. 407.\3\ (a) It is the purpose of this section to 
enable the Congress generally, and the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of 
the House of Representatives in particular, to carry out the 
purposes and intent of the Legislative Reorganization Acts of 
1946 and 1970, with respect to--

-----------------------------------------------------------------------
    \3\ See also sec. 15 of the State Department Basic Authorities Act 
of 1956 (Public Law 84-885; 70 Stat. 890), and sec. 701 of the United 
States Information and Education Exchange Act of 1948 (Public Law 80-
402; 62 Stat. 6), in Legislation on Foreign Relations Through 1997, 
vol. II, sec. E.
-----------------------------------------------------------------------

          (1) the analysis, appraisal, and evaluation of the 
        application, administration, and execution of the laws 
        relating to the Department of State and the United 
        States Information Agency and of matters relating to 
        the foreign relations of the United States; and
          (2) providing periodic authorizations of 
        appropriations for that Department and Agency.

        *        *        *        *        *        *        *        

    Sec. 410.\4\ The Congress strongly urges the President to 
undertake such negotiations as may be necessary to implement 
that portion of the recommendations of the Report of the 
President's Commission for the Observance of the Twenty-fifth 
Anniversary of the United Nations (known as the ``Lodge 
Commission'') which proposes that the portion of the regular 
assessed costs to be paid by the United States to the United 
Nations be reduced so that the United States is assessed in 
each year not more than 25 per centum of such costs assessed 
all members of the United Nations for that year.

-----------------------------------------------------------------------
    \4\ See also Appropriations Limitation on Contributions to 
International Organizations (Public Law 92-544; 86 Stat. 1109), 
Legislation on Foreign Relations Through 1997, vol. II, sec. H.
-----------------------------------------------------------------------



         w. Special Foreign Assistance Act of 1971, as amended

Partial text of Public Law 91-652 [H.R. 19911), 84 Stat. 1942, approved 
 January 5, 1971, as amended by Public Law 92-226 [Foreign Assistance 
   Act of 1971, S. 2819], 86 Stat. 27, 35, approved February 7, 1972

_______________________________________________________________________

          Note.--Except for the provisions noted below, the 
        Special Foreign Assistance Act of 1971 consists of 
        amendments to the Foreign Assistance Act of 1961.
_______________________________________________________________________


AN ACT To provide additional foreign assistance authorizations, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Special Foreign Assistance Act of 
1971''.
    Sec. 2. There are authorized to be appropriated to the 
President for the fiscal year 1971 not to exceed--
          (1) $85,000,000 for additional military assistance 
        and $70,000,000 for special economic assistance for 
        Cambodia;
          (2) $100,000,000 for economic and military assistance 
        programs to replace funds which were transferred by the 
        President for use in Cambodia;
          (3) $150,000,000 for additional military assistance 
        for the Republic of Korea;
          (4) $30,000,000 for additional military assistance 
        for Jordan;
          (5) $3,000,000 for additional military assistance for 
        Indonesia and $10,000,000 to replace funds transferred 
        from other programs for use in Indonesia;
          (6) $5,000,000 for additional military assistance for 
        Lebanon;
          (7) $65,000,000 for additional supporting assistance 
        for Vietnam; and
          (8) $17,000,000 for additional general military 
        assistance to compensate for a shortage in anticipated 
        recovery of funds from past years' programs.
    Sec. 3.\1\ The President is authorized, until June 30, 
1972, to transfer to the Republic of Korea such defense 
articles located in Korea and belonging to the Armed Forces of 
the United States on July 1, 1970, as he may determine, except 
that no funds heretofore or hereafter appropriated under this 
Act or the Foreign Assistance Act of 1961 shall be available 
for reimbursement to any agency of the United States Government 
for any transfer made pursuant to this section.

-----------------------------------------------------------------------
    \1\ 22 U.S.C. 2302 note.
-----------------------------------------------------------------------

    Sec. 4. Except as otherwise provided in this Act, any 
assistance furnished out of funds appropriated under section 2 
of this Act and any transfer made under section 3 of this Act 
shall be furnished or transferred, as the case may be, in 
accordance with all of the purposes and limitations applicable 
by statute to that type of assistance or transfer under the 
Foreign Assistance Act of 1961 (including the provisions of 
section 652 of such Act, as added by section 8 of this Act).

        *        *        *        *        *        *        *        

    Sec. 6. (a) * * *
    (b) \2\ Excess foreign currencies held in Pakistan not 
allocated on the date of enactment of this section are 
authorized to be appropriated for a period of one year from 
such date of enactment to help Pakistan withstand the disaster 
which has occurred.

-----------------------------------------------------------------------
    \2\ 22 U.S.C. 2261 note.
-----------------------------------------------------------------------

    Sec. 7.\3\ (a) In line with the expressed intention of the 
President of the United States, none of the funds authorized or 
appropriated pursuant to this or any other Act may be used to 
finance the introduction of United States ground combat troops 
into Cambodia, or to provide United States advisers to or for 
military, paramilitary, police, or other security or 
intelligence forces \4\ in Cambodia.

-----------------------------------------------------------------------
    \3\ 22 U.S.C. 2411 note.
    \4\ The words ``military, paramilitary, police, or other security 
or intelligence forces'' were inserted in lieu of ``Cambodian military 
forces'' by sec. 408 of the Foreign Assistance Act of 1971 (Public Law 
92-226; 86 Stat. 20).
-----------------------------------------------------------------------

    (b) Military and economic assistance provided by the United 
States to Cambodia and authorized or appropriated pursuant to 
this or any other Act shall not be construed as a commitment by 
the United States to Cambodia for its defense.

        *        *        *        *        *        *        *        



       x. Foreign Military Sales Act Amendments, 1971, as amended

Partial text of Public Law 91-672 [H.R. 15628], 84 Stat. 2053, approved 
 January 12, 1971, as amended by Public Law 92-226 [Foreign Assistance 
  Act of 1971, S. 2819], 86 Stat. 20, 33, approved February 7, 1972; 
 Public Law 93-189 [Foreign Assistance Act of 1973, S. 1443], 87 Stat. 
   714, 729, approved December 17, 1973; Public Law 93-559 [Foreign 
    Assistance Act of 1974, S. 3394], 88 Stat. 1795, 1799, approved 
December 31, 1974; Public Law 94-329 [International Security Assistance 
    and Arms Export Control Act of 1976, H.R. 13680], 90 Stat. 729, 
   approved June 30, 1976; Public Law 95-384 [International Security 
    Assistance Act of 1978, S. 3075], 92 Stat. 730 at 747, approved 
 September 26, 1978; and by Public Law 97-113 [International Security 
  and Development Cooperation Act of 1981, S. 1196], 95 Stat. 1579 at 
                    1560, approved December 29, 1981

AN ACT To amend the Foreign Military Sales Act, and for other purposes.

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

        *        *        *        *        *        *        *        

_______________________________________________________________________

          Note.--Sections 1-4 of this Act amend the Foreign 
        Military Sales Act (Arms Export Control Act), Public 
        Law 90-629, October 22, 1968.
_______________________________________________________________________

        *        *        *        *        *        *        *        

    Sec. 5.\1\ It is the sense of Congress that (1) the 
President should continue to press forward urgently with his 
efforts to negotiate with the Soviet Union and other powers a 
limitation on arms shipments to the Middle East, (2) the 
President should be supported in his position that arms will be 
made available and credits provided to Israel and other 
friendly states, to the extent that the President determines 
such assistance to be needed in order to meet threats to the 
security and independence of such states, and (3) if the 
authorization provided in the Foreign Military Sales Act, as 
amended, should prove to be insufficient to effectuate this 
stated policy, the President should promptly submit to the 
Congress requests for an appropriate supplementary 
authorization and appropriation.

-----------------------------------------------------------------------
    \1\ 22 U.S.C. 2751 note.
-----------------------------------------------------------------------

    Sec. 6.\1\ It is the sense of the Congress that--
          (1) the President should immediately institute a 
        thorough and comprehensive review of the military aid 
        programs of the United States, particularly with 
        respect to the military assistance and sales operations 
        of the Department of Defense, and
          (2) the President should take such actions as may be 
        appropriate--
                  (A) to initiate multilateral discussions 
                among the United States, the Union of Soviet 
                Socialist Republics, Great Britain, France, 
                West Germany, Italy and other countries on the 
                control of the worldwide trade in armaments,
                  (B) to commence a general debate in the 
                United Nations with respect to the control of 
                the conventional arms trade, and
                  (C) to use the power and prestige of his 
                office to signify the intention of the United 
                States to work actively with all nations to 
                check and control the international sales and 
                distribution of conventional weapons of death 
                and destruction.
    Sec. 7.\2\ * * *

-----------------------------------------------------------------------
    \2\ Sec. 7, which prohibited the sale, grant, loan, or transfer of 
any international fighter aircraft by the United States to any foreign 
country other than South Vietnam without specific authorization made in 
accordance with the Foreign Assistance Act of 1961 or the Foreign 
Military Sales Act, was repealed by sec. 734(a)(15) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1560).
-----------------------------------------------------------------------

    Sec. 8.\3\ (a) \4\ * * * [Repealed--1976]

-----------------------------------------------------------------------
    \3\ 22 U.S.C. 2321b.
    \4\ Subsecs. (a), (b), (c), and (e) of sec. 8, which related to 
excess defense articles, were repealed by sec. 210(c)(2) of the 
International Security Assistance and Arms Export Control Act of 1976. 
Sec. 210(c)(2) further stated, ``All funds in the suspense account 
referred to in subsection (a) of such section on July 1, 1976, shall be 
transferred to the general fund of the Treasury.''
-----------------------------------------------------------------------

    (b) \4\ * * * [Repealed--1976]
    (c) \4\ * * * [Repealed--1976]
    (d) The President shall promptly and fully inform the 
Speaker of the House of Representatives and the Committee on 
Foreign Relations and the Committee on Appropriations of the 
Senate of each decision to furnish on a grant basis to any 
country excess defense articles which are major weapons systems 
to the extent such major weapons system was not included in the 
presentation material previously submitted to the Congress. The 
annual presentation materials for security assistance programs 
shall include a table listing by country the total value of all 
deliveries of excess defense articles, disclosing both the 
aggregate original acquisition cost and the aggregate value at 
the time of delivery.\5\

-----------------------------------------------------------------------
    \5\ This report, which was originally required on a quarterly 
basis, was changed to an annual report by sec. 29(a) of the 
International Security Assistance Act of 1978 (Public Law 95-384; 92 
Stat. 747).
-----------------------------------------------------------------------

    (e) \4\ * * * [Repealed--1976]
    Sec. 9.\6\ * * * [Repealed--1973]

-----------------------------------------------------------------------
    \6\ Sec. 9, which related to any transfer of a defense article to 
another country, was repealed by sec. 26(4) of the FA Act of 1973 
(Public Law 93-189; 87 Stat. 714).
-----------------------------------------------------------------------

    Sec. 10.\7\ (a) Notwithstanding any provision of law 
enacted before the date of enactment of this section, no money 
appropriated for foreign assistance (including foreign military 
sales) shall be available for obligation or expenditure--

-----------------------------------------------------------------------
    \7\ 22 U.S.C. 2412.
-----------------------------------------------------------------------

          (1) unless the appropriation thereof has been 
        previously authorized by law; or
          (2) in excess of an amount previously prescribed by 
        law.
    (b) To the extent that legislation enacted after the making 
of an appropriation for foreign assistance (including foreign 
military sales) authorizes the obligation or expenditure 
thereof, the limitation contained in subsection (a) shall have 
no effect.
    (c) The provisions of this section shall not be superseded 
except by a provision of law enacted after the date of 
enactment of this section which specifically repeals or 
modifies the provisions of this section.
    Sec. 11.\8\ For purposes of sections 8 and 9--

-----------------------------------------------------------------------
    \8\ 22 U.S.C. 2321c.
-----------------------------------------------------------------------

          (1) ``defense article'' and ``excess defense 
        articles'' have the same meanings as given them in 
        section 644 (d) and (g), respectively, of the Foreign 
        Assistance Act of 1961; and
          (2) ``foreign country'' includes any department, 
        agency, or independent establishment of the foreign 
        country.
    Sec. 12. The joint resolution entitled ``Joint resolution 
to promote the maintenance of international peace and security 
in Southeast Asia'' approved August 10, 1964 (78 Stat. 384; 
Public Law 88-408), is terminated effective upon the day that 
the second session of the Ninety-first Congress is last 
adjourned.
    Sec. 13.\9\ No funds authorized or appropriated pursuant to 
this or any other law may be used to transport chemical 
munitions from the Island of Okinawa to the United States. Such 
funds as are necessary for the detoxification or destruction of 
the above described chemical munitions are hereby authorized 
and shall be used for the detoxification or destruction of 
chemical munitions only outside the United States. For purposes 
of this section, the term ``United States'' means the several 
States and the District of Columbia.

-----------------------------------------------------------------------
    \9\ 50 U.S.C. 1512 note.
-----------------------------------------------------------------------



             y. Foreign Assistance Act of 1969, as amended

Partial text of Public Law 91-175 [H.R. 14480], 83 Stat. 805, approved 
December 30, 1969, as amended by Public Law 92-226 [Foreign Assistance 
  Act of 1971, S. 2819], 86 Stat. 20, 34, approved February 7, 1972; 
  Public Law 95-105 [Foreign Relations Authorization Act, Fiscal Year 
1978; H.R. 6689], 91 Stat. 844 at 859, approved August 17, 1977; Public 
Law 97-241 [Department of Defense Authorization Act, 1983; S. 1193], 96 
     Stat. 273 at 297, approved August 24, 1982; Public Law 98-164 
  [Department of State Authorization Act, Fiscal Years 1984 and 1985, 
 H.R. 2915], 97 Stat. 1017 at 1051, approved November 22, 1983; Public 
 Law 99-83 [International Security and Development Cooperation Act of 
1985, S. 960], 99 Stat. 190 at 247, approved August 8, 1985; Public Law 
  99-529 [Special Foreign Assistance Act of 1986, S. 1917], 100 Stat. 
3010, approved October 24, 1986; Public Law 101-246 [Foreign Relations 
Authorization Act for Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat. 
  15, approved February 16, 1990; and by Public Law 102-138 [Foreign 
Relations Authorization Act for Fiscal Years 1992 and 1993; H.R. 1415], 
                105 Stat. 647, approved October 28, 1991

_______________________________________________________________________

          Note.--Except for Part IV, which relates to the 
        Inter-American Social Development Institute (title 
        changed to The Inter-American Foundation Act by Sec. 
        406(1) of the FA Act of 1971) and Part V, which relates 
        to amendments to other acts, the Foreign Assistance Act 
        of 1969 consists of amendments to the Foreign 
        Assistance Act of 1961, as amended.
_______________________________________________________________________

        *        *        *        *        *        *        *        

             PART IV--THE INTER-AMERICAN FOUNDATION ACT \1\

    Sec. 401.\2\ Inter-American Foundation.--(a) There is 
created as an agency of the United States of America a body 
corporate to be known as the Inter-American Foundation 
(hereinafter in this section referred to as the 
``Foundation'').\3\

-----------------------------------------------------------------------
    \1\ Sec. 406(1) of the Foreign Assistance Act of 1971 (Public Law 
92-226; 86 Stat. 20), inserted the title ``Part IV--The Inter-American 
Foundation Act'' in lieu of ``Part IV--Inter-American Social 
Development Institute''.
    \2\ 22 U.S.C. 290f.
    \3\ The caption of sec. 401 and subsec. (a) thereof, which were 
amended by sec. 406(2) of the Foreign Assistance Act of 1971, (Public 
Law 92-226; 86 Stat. 20), formerly read as follows: ``Inter-American 
Social Development Institute.--(a) There is created as an agency of the 
United States of America a body corporate to be known as the `Inter-
American Social Development Institute' (hereafter in this section 
referred to as `Institute').''.
-----------------------------------------------------------------------

    (b) The future of freedom, security, and economic 
development in the Western Hemisphere rests on the realization 
that man is the foundation of all human progress. It is the 
purpose of this section to provide support for developmental 
activities designed to achieve conditions in the Western 
Hemisphere under which the dignity and the worth of each human 
person will be respected and under which all men will be 
afforded the opportunity to develop their potential, to seek 
through gainful and productive work the fulfillment of their 
aspirations for a better life, and to live in justice and 
peace. To this end, it shall be the purpose of the 
Foundation,\4\ primarily in cooperation with private, regional, 
and international organizations, to--

-----------------------------------------------------------------------
    \4\ Sec. 406(3) of the Foreign Assistance Act of 1971 (Public Law 
92-226; 86 Stat. 20), amended sec. 401 by substituting ``Foundation'' 
in lieu of ``Institute'' wherever it appeared.
-----------------------------------------------------------------------

          (1) strengthen the bonds of friendship and 
        understanding among the peoples of this hemisphere;
          (2) support self-help efforts designed to enlarge the 
        opportunities for individual development;
          (3) stimulate and assist effective and ever wider 
        participation of the people in the development process;
          (4) encourage the establishment and growth of 
        democratic institutions, private and governmental, 
        appropriate to the requirements of the individual 
        sovereign nations of this hemisphere.
In pursuing these purposes, the Foundation shall place primary 
emphasis on the enlargement of educational opportunities at all 
levels, the production of food and the development of 
agriculture, and the improvement of environmental conditions 
relating to health, maternal and child care, family planning, 
housing, free trade union development, and other social and 
economic needs of the people.
    (c) The Foundation shall carry out the purposes set forth 
in subsection (b) of this section primarily through and with 
private organizations, individuals, and international 
organizations by undertaking or sponsoring appropriate research 
and by planning, initiating, assisting, financing, 
administering, and executing programs and projects designed to 
promote the achievement of such purposes.
    (d) In carrying out its functions under this section, the 
Foundation shall, to the maximum extent possible, coordinate 
its undertakings with the developmental activities in the 
Western Hemisphere of the various organs of the Organization of 
American States, the United States Government, international 
organizations, and other entities engaged in promoting social 
and economic development of Latin America.
    (e) The Foundation, as a corporation--
          (1) shall have perpetual succession unless sooner 
        dissolved by an Act of Congress;
          (2) may adopt, alter, and use a corporate seal, which 
        shall be judicially noticed;
          (3) may make and perform contracts and other 
        agreements with any individual, corporation, or other 
        body of persons however designated whether within or 
        without the United States of America, and with any 
        government or governmental agency, domestic or foreign;
          (4) \5\ shall determine and prescribe the manner in 
        which its obligations shall be incurred and its 
        expenses, including expenses for representation (not to 
        exceed $10,000 in any fiscal year), allowed and paid;

-----------------------------------------------------------------------
    \5\ Sec. 401(e)(4) was amended by sec. 406(4) of the Foreign 
Assistance Act of 1971 (Public Law 92-226; 86 Stat. 20). It formerly 
read as follows: ``(4) shall determine and prescribe the manner in 
which its obligations shall be incurred and its expenses allowed and 
paid;''.
-----------------------------------------------------------------------

          (5) may, as necessary for the transaction of the 
        business of the Foundation, employ, and fix the 
        compensation of not to exceed one hundred persons at 
        any one time;
          (6) may acquire by purchase, devise, bequest, or 
        gift, or otherwise lease, hold, and improve, such real 
        and personal property as it finds to be necessary to 
        its purposes, whether within or without the United 
        States, and in any manner dispose of all such real and 
        personal property held by it and use as general funds 
        all receipts arising from the disposition of such 
        property;
          (7) shall be entitled to the use of the United States 
        mails in the same manner and on the same conditions as 
        the executive departments of the Government;
          (8) may, with the consent of any board, corporation, 
        commission, independent establishment, or executive 
        department of the Government, including any field 
        service thereof, avail itself of the use of 
        information, services, facilities, officers, and 
        employees thereof in carrying out the provisions of 
        this section;
          (9) may accept money, funds, property, and services 
        of every kind by gift, devise, bequest, grant, or 
        otherwise, and make advances, grants, and loans to any 
        individual, corporation, or other body of persons, 
        whether within or without the United States of America, 
        or to any government or governmental agency, domestic 
        or foreign, when deemed advisable by the Foundation in 
        furtherance of its purposes;
          (10) may sue and be sued, complain, and defend, in 
        its corporate name in any court of competent 
        jurisdiction; and
          (11) shall have such other powers as may be necessary 
        and incident to carrying out its powers and duties 
        under this section.
    (f) Upon termination of the corporate life of the 
Foundation all of its assets shall be liquidated and, unless 
otherwise provided by Congress, shall be transferred to the 
United States Treasury as the property of the United States.
    (g) The management of the Foundation shall be vested in a 
board of directors (hereafter in this section referred to as 
the ``Board'') composed of nine \6\ members appointed by the 
President, by and with the advice and consent of the Senate, 
one of whom he shall designate to serve as Chairman of the 
Board and one of whom he shall designate to serve as Vice 
Chairman of the Board. Six members of the Board shall be 
appointed from private life. Three members of the Board shall 
be appointed from among officers or employees of agencies of 
the United States concerned with inter-American affairs. 
Members of the Board shall be appointed for terms of six years, 
except that of the members first appointed two shall be 
appointed for terms of two years and two shall be appointed for 
terms of four years, as designated by the President at the time 
of their appointment. A member of the Board appointed to fill a 
vacancy occurring prior to the expiration of the term for which 
his predecessor was appointed shall be appointed only for the 
remainder of such term; but upon the expiration of his term of 
office a member shall continue to serve until his successor is 
appointed and shall have qualified. Members of the Board shall 
be eligible for reappointment. All individuals appointed to the 
Board shall possess an understanding of and sensitivity to 
community level development processes. No more than 5 members 
of the Board may be members of any one political party.\7\

-----------------------------------------------------------------------
    \6\ Sec. 403(a) of Public Law 99-529 (100 Stat. 3010) added 
``nine'' and ``six'', respectively, in lieu of ``seven'' and ``four''.
    \7\ Sec. 173(b)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 679), added 
the last sentence. Subpar. (2) of that section further provided that: 
``The requirements established by the amendment made by paragraph (1) 
do not affect appointments made to the Board of the Inter-American 
Foundation before the date of enactment of this Act.''.
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    (h) Members of the Board shall serve without additional 
compensation, but shall be reimbursed for travel expenses, 
including per diem, in lieu of subsistence, in accordance with 
section 5703 of title 5, United States Code,\8\ while engaged 
in their duties on behalf of the corporation.

-----------------------------------------------------------------------
    \8\ The words ``travel expenses, including per diem in lieu of 
subsistence, in accordance with section 5703 of title 5, United States 
Code'' were inserted in lieu of ``actual and necessary expenses not in 
excess of $50 per day, and for transportation expenses'' by sec. 501(b) 
of Public Law 97-241 (96 Stat. 297).
-----------------------------------------------------------------------

    (i) The Board shall direct the exercise of all the powers 
of the Foundation.
    (j) The Board may prescribe, amend, and repeal bylaws, 
rules, and regulations governing the manner in which the 
business of the Foundation may be conducted and in which the 
powers granted to it by law may be exercised and enjoyed. A 
majority of the Board shall be required as a quorum.
    (k) In furtherance and not in limitation of the powers 
conferred upon it, the Board may appoint such committees for 
the carrying out of the work of the Foundation as the Board 
finds to be for the best interests of the Foundation, each 
committee to consist of two or more members of the Board, which 
committees, together with officers and agents duly authorized 
by the Board and to the extent provided by the Board, shall 
have and may exercise the powers of the Board in the management 
of the business and affairs of the Foundation.
    (l) \9\ (1) The chief executive officer of the Foundation 
shall be a President who shall be appointed by the Board of 
Directors on such terms as the Board may determine. The 
President shall receive compensation at the rate provided for 
level IV of the Executive Schedule under section 5315 of title 
5, United States Code.

-----------------------------------------------------------------------
    \9\ Sec. 406(5) of the Foreign Assistance Act of 1971 (Public Law 
92-226; 86 Stat. 20), amended sec. 401(1), which formerly read as 
follows: ``(1) The chief executive officer of the Institute shall be an 
Executive Director who shall be appointed by the Board of Directors on 
such terms as the Board may determine. The Executive Director shall 
receive compensation at the rate provided for level IV of the Executive 
Schedule under section 5315 of title V, United States Code.''
-----------------------------------------------------------------------

    (2) Experts and consultants, or organizations thereof, may 
be employed as authorized by section 3109 of title 5, United 
States Code.
    (m) In order to further the purposes of the Foundation 
there shall be established a Council to be composed of such 
number of individuals as may be selected by the Board from 
among individuals knowledgeable concerning developmental 
activities in the Western Hemisphere. The Board shall, from 
time to time, consult with the Council concerning the 
objectives of the Foundation. Members of the Council shall 
receive no compensation for their services but shall be 
entitled to reimbursement in accordance with section 5703 of 
title 5, United States Code, for travel and other expenses 
incurred by them in the performance of their functions under 
this subsection.
    (n) The Foundation shall be a nonprofit corporation and 
shall have no capital stock. No part of its revenue, earnings, 
or other income or property shall inure to the benefit of its 
directors, officers, and employees and such revenue, earnings, 
or other income, or property shall be used for the carrying out 
of the corporate purposes set forth in this section. No 
director, officer, or employee of the corporation shall in any 
manner directly or indirectly participate in the deliberation 
upon or the determination of any question affecting his 
personal interests or the interest of any corporation, 
partnership, or organization in which he is directly or 
indirectly interested.
    (o) When approved by the Foundation, in furtherance of its 
purpose, the officers and employees of the Foundation may 
accept and hold offices or positions to which no compensation 
is attached with governments or governmental agencies of 
foreign countries.
    (p) The Secretary of State shall have authority to detail 
employees of any agency under his jurisdiction to the 
Foundation under such circumstances and upon such conditions as 
he may determine. Any such employee so detailed shall not lose 
any privileges, rights, or seniority as an employee of any such 
agency by virtue of such detail.
    (q) \10\ The Foundation shall maintain its principal office 
in the metropolitan Washington, D.C., area. The Foundation may 
establish agencies, branch offices, or other offices in any 
place or places outside the United States in which the 
Foundation may carry on all or any of its operations and 
business.

-----------------------------------------------------------------------
    \10\ Sec. 173(c) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 680), amended and 
restated subsec. (q).
-----------------------------------------------------------------------

    (r) The Foundation, including its franchise and income, 
shall be exempt from taxation now or hereafter imposed by the 
United States, or any territory or possession thereof, or by 
any State, county, municipality, or local taxing authority.
    (s)(1) Notwithstanding any other provision of law, not to 
exceed an aggregate amount of $50,000,000 of the funds made 
available for the fiscal years 1970 and 1971 to carry out part 
I of the Foreign Assistance Act of 1961 shall be available to 
carry out the purposes of this section. Funds made available to 
carry out the purposes of this section under the preceding 
sentence are authorized to remain available until expended.
    (2) \11\ There are authorized to be appropriated 
$28,800,000 for the fiscal year 1992 and $31,000,000 for the 
fiscal year 1993 to carry out this section.

-----------------------------------------------------------------------
    \11\ Par. (2) was added by sec. 508 of the Foreign Relations 
Authorization Act, Fiscal Year 1978 (Public Law 95-426; 91 Stat. 859).
    The authorization figures for fiscal years 1992 and 1993 were added 
by sec. 173(a) of the Foreign Relations Authorization Act, Fiscal Years 
1992 and 1993 (Public Law 102-138; 105 Stat. 679).
    Authorizations provided in recent years under this section include 
the following: Fiscal year 1982--$12,000,000; fiscal year 1983--
$12,800,000; fiscal year 1984--$16,000,000; fiscal year 1985--
$16,000,000; fiscal year 1986--$11,969,000; fiscal year 1987--
$11,969,000; fiscal year 1988--no authorization; fiscal year 1989--no 
authorization; fiscal year 1990--$16,932,000; fiscal year 1991--
$25,000,000; fiscal year 1994--no authorization; fiscal year 1995--no 
authorization; fiscal year 1996--no authorization; fiscal year 1997--no 
authorization.
    Congress did not enact an authorization for fiscal year 1998. 
Instead, title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2389), provided the following:

                        ``development assistance

                    ``(including transfer of funds)

    ``For necessary expenses to carry out the provisions of sections 
103 through 106 and chapter 10 of part I of the Foreign Assistance Act 
of 1961, title V of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533) and the provisions of 
section 401 of the Foreign Assistance Act of 1969, $1,210,000,000, to 
remain available until September 30, 1999: Provided, That of the amount 
appropriated under this heading, up to $22,000,000 may be made 
available for the Inter-American Foundation and shall be apportioned 
directly to that Agency: * * *''.
-----------------------------------------------------------------------

    (t) The Foundation shall be subject to the provisions of 
the Government Corporation Control Act.
    (u) \12\ When, with the permission of the Foundation, funds 
made available to a grantee under this section are invested 
pending disbursement, the resulting interest is not required to 
be deposited in the United States Treasury if the grantee uses 
the resulting interest for the purposes for which the grant was 
made. This subsection applies with respect to both interest 
earned before and interest earned after the enactment of this 
subsection.

-----------------------------------------------------------------------
    \12\ Subsec. (u) was added by sec. 501(c) of Public Law 97-241 (96 
Stat. 297).
-----------------------------------------------------------------------

  (v) \13\ Funds made available to the Foundation may be used 
for the expenses described in section 1345 of title 31 of the 
United States Code (relating to travel, transportation, and 
subsistence expenses for meetings).

-----------------------------------------------------------------------
    \13\ Sec. 173(d) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 680), added new 
subsecs. (v) and (w).
-----------------------------------------------------------------------

  (w) \13\ Funds made available to the Foundation may be used 
for printing and binding without regard to section 501 of title 
44, United States Code.

                    PART V--AMENDMENTS TO OTHER ACTS

        *        *        *        *        *        *        *        



                   z. Foreign Assistance Act of 1968

Partial text of Public Law 90-554 [H.R. 15263], 82 Stat. 960, approved 
                            October 8, 1968

_______________________________________________________________________

          Note.--Except for Part IV, which relates to 
        amendments to other acts, and Part V, which relates to 
        reappraisal of foreign assistance programs, the Foreign 
        Assistance Act of 1968 consists of amendments to the 
        Foreign Assistance Act of 1961, as amended.
_______________________________________________________________________

        *        *        *        *        *        *        *        

           PART V--REAPPRAISAL OF FOREIGN ASSISTANCE PROGRAMS

                         declaration of policy

    Sec. 501. The Congress declares that, in view of changing 
world conditions and the continued need to make United States 
foreign assistance programs an effective implement of United 
States foreign policy, there should be a comprehensive review 
and reorganization of all United States foreign assistance 
programs, including economic development and technical 
assistance programs, military assistance and sales programs, 
and programs involving contributions and payments by the United 
States to international lending institutions and other 
international organizations concerned with the development of 
friendly foreign countries and areas.

                      reappraisal by the president

    Sec. 502. (a) In furtherance of the policy of this part, 
the President is requested to make a thorough and comprehensive 
reappraisal of United States foreign assistance programs, as 
described in section 501, and to submit to the Congress, on or 
before March 31, 1970, his recommendations for achieving such 
reforms in any reorganization of future foreign assistance 
programs as he determines to be necessary and appropriate in 
the national interest in the light of such reappraisal. The 
President is requested to submit to the Congress, on or before 
July 1, 1969, an interim report presenting any preliminary 
recommendations formulated by him pursuant to this section.
    (b) It is the sense of the Congress that the reappraisal 
provided for in subsection (a) should include, but not be 
limited to, an analysis and consideration of proposals 
concerning the establishment of a Government corporation or a 
federally chartered private corporation designed to mobilize 
and facilitate the use of United States private capital and 
skills in less developed friendly countries and areas, 
including whether such corporation should be authorized to--
          (1) utilize Government guarantees and funds as well 
        as private funds;
          (2) seek, develop, promote, and underwrite new 
        investment projects;
          (3) assist in transferring skills and technology to 
        less developed friendly countries and areas; and
          (4) invest in the securities of development financing 
        institutions and assist in the formation and expansion 
        of local capital markets.



                   aa. Foreign Assistance Act of 1967

 Public Law 90-137 [S. 1872], 81 Stat. 445, approved November 14, 1967

_______________________________________________________________________

          Note.--The Foreign Assistance Act of 1967 consists of 
        amendments to the Foreign Assistance Act of 1961, the 
        Joint Resolution to authorize participation by the 
        United States in parliamentary conferences of the North 
        Atlantic Treaty Organization, the Act to authorize 
        participation by the United States in the 
        Interparliamentary Union, and the Mutual Security Act 
        of 1954.
_______________________________________________________________________



                   bb. Foreign Assistance Act of 1966

 Public Law 89-583 [H.R. 15750], 80 Stat. 795, approved September 19, 
                                  1966

_______________________________________________________________________

          Note.--The Foreign Assistance Act of 1966 consists 
        wholly of amendments to the Foreign Assistance Act of 
        1961, as amended.
_______________________________________________________________________



                   cc. Foreign Assistance Act of 1965

Public Law 89-171 [H.R. 7750], 79 Stat. 653, approved September 6, 1965

_______________________________________________________________________

          Note.--Except for Chapter 4, which relates to an 
        amendment to section 107 of the Agricultural Trade 
        Development and Assistance Act of 1954, the Foreign 
        Assistance Act of 1965 consists of amendments to the 
        Foreign Assistance Act of 1961, as amended.
_______________________________________________________________________



                   dd. Foreign Assistance Act of 1964

Partial text of Public Law 88-633 [H.R. 11380], 78 Stat. 1009, approved 
                            October 7, 1964

_______________________________________________________________________

          Note.--Except for the provision quoted here, the 
        Foreign Assistance Act of 1964 consists of amendments 
        to the Foreign Assistance Act of 1964, the Act to 
        authorize participation by the United States in the 
        Interparliamentary Union, and the Mutual Security Act 
        of 1954.
_______________________________________________________________________

        *        *        *        *        *        *        *        

                     PART V--RELIGIOUS PERSECUTION

    Sec. 501.\1\ It is the sense of the Congress that the 
United States deeply believes in the freedom of religion for 
all people and is opposed to infringement of this freedom 
anywhere in the world. The Congress condemns the persecution of 
any persons because of their religion. It is further the sense 
of Congress that all persons should be permitted the free 
exercise of religion and the pursuit of their culture.

-----------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
-----------------------------------------------------------------------



                   ee. Foreign Assistance Act of 1963

Public Law 88-205 [H.R. 7885], 77 Stat. 379, approved December 16, 1963

_______________________________________________________________________

          Note.--The Foreign Assistance Act of 1963 consists of 
        amendments to the Foreign Assistance Act of 1961, the 
        Latin American Development Act, the Trade Expansion Act 
        of 1962, the Agricultural Trade Development and 
        Assistance Act of 1954, the Foreign Service Act of 
        1946, the Act to provide certain basic authority for 
        the Department of State, and the Act to authorize 
        participation by the United States in parliamentary 
        conferences of the North Atlantic Treaty Organization.
_______________________________________________________________________



                   ff. Foreign Assistance Act of 1962

   Public Law 87-565 [S. 2996], 76 Stat. 255, approved August 1, 1962

_______________________________________________________________________

          Note.--The Foreign Assistance Act of 1962 consists of 
        amendments to the Foreign Assistance Act of 1961, the 
        Act to provide certain basic authority for the 
        Department of State, the Mutual Educational and 
        Cultural Exchange Act of 1961, and the Act authorizing 
        participation by the United States in the 
        Interparliamentary Union.
_______________________________________________________________________



                  2. Foreign Assistance Appropriations

     a. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 1998

 Public Law 105-118 [H.R. 3159], 111 Stat. 2386, approved November 26, 
                                  1997

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1998, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1998, and for other purposes, namely:

_______________________________________________________________________

          Note.--Fiscal year 1997 appropriations were continued 
        into fiscal year 1998 in Public Law 105-46 (111 Stat. 
        1153; approved September 30, 1997), as amended, pending 
        final passage of several annual appropriations bills 
        including foreign assistance appropriations. Public Law 
        105-46, as amended, may be found beginning at page 655.
_______________________________________________________________________


               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                export-import bank of the united states

    The Export-Import Bank of the United States is authorized 
to make such expenditures within the limits of funds and 
borrowing authority available to such corporation, and in 
accordance with law, and to make such contracts and commitments 
without regard to fiscal year limitations, as provided by 
section 104 of the Government Corporation Control Act, as may 
be necessary in carrying out the program for the current fiscal 
year for such corporation: Provided, That none of the funds 
available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of 
nuclear equipment, fuel, or technology to any country other 
than a nuclear-weapon state as defined in Article IX of the 
Treaty on the Non-Proliferation of Nuclear Weapons eligible to 
receive economic or military assistance under this Act that has 
detonated a nuclear explosive after the date of enactment of 
this Act.

                         subsidy appropriation

    For the cost of direct loans, loan guarantees, insurance, 
and tied-aid grants as authorized by section 10 of the Export-
Import Bank Act of 1945, as amended, $683,000,000 to remain 
available until September 30, 2001: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974: 
Provided further, That such sums shall remain available until 
2013 for the disbursement of direct loans, loan guarantees, 
insurance and tied-aid grants obligated in fiscal years 1998 
and 1999: Provided further, That up to $50,000,000 of funds 
appropriated by this paragraph shall remain available until 
expended and may be used for tied-aid grant purposes: Provided 
further, That none of the funds appropriated by this Act or any 
prior Act appropriating funds for foreign operations, export 
financing, or related programs for tied-aid credits or grants 
may be used for any other purpose except through the regular 
notification procedures of the Committees on Appropriations: 
Provided further, That funds appropriated by this paragraph are 
made available notwithstanding section 2(b)(2) of the Export-
Import Bank Act of 1945, in connection with the purchase or 
lease of any product by any East European country, any Baltic 
State, or any agency or national thereof.

                        administrative expenses

    For administrative expenses to carry out the direct and 
guaranteed loan and insurance programs (to be computed on an 
accrual basis), including hire of passenger motor vehicles and 
services as authorized by 5 U.S.C. 3109, and not to exceed 
$20,000 for official reception and representation expenses for 
members of the Board of Directors, $48,614,000: Provided, That 
necessary expenses (including special services performed on a 
contract or fee basis, but not including other personal 
services) in connection with the collection of moneys owed the 
Export-Import Bank, repossession or sale of pledged collateral 
or other assets acquired by the Export-Import Bank in 
satisfaction of moneys owed the Export-Import Bank, or the 
investigation or appraisal of any property, or the evaluation 
of the legal or technical aspects of any transaction for which 
an application for a loan, guarantee or insurance commitment 
has been made, shall be considered nonadministrative expenses 
for the purposes of this heading: Provided further, That, 
notwithstanding subsection (b) of section 117 of the Export 
Enhancement Act of 1992, subsection (a) thereof shall remain in 
effect until October 1, 1998.\1\

-----------------------------------------------------------------------
    \1\ 12 U.S.C. 635a note.
-----------------------------------------------------------------------

                overseas private investment corporation

                           noncredit account

    The Overseas Private Investment Corporation is authorized 
to make, without regard to fiscal year limitations, as provided 
by 31 U.S.C. 9104, such expenditures and commitments within the 
limits of funds available to it and in accordance with law as 
may be necessary: Provided, That the amount available for 
administrative expenses to carry out the credit and insurance 
programs (including an amount for official reception and 
representation expenses which shall not exceed $35,000) shall 
not exceed $32,000,000: Provided further, That project-specific 
transaction costs, including direct and indirect costs incurred 
in claims settlements, and other direct costs associated with 
services provided to specific investors or potential investors 
pursuant to section 234 of the Foreign Assistance Act of 1961, 
shall not be considered administrative expenses for the 
purposes of this heading.

                            program account

    For the cost of direct and guaranteed loans, $60,000,000, 
as authorized by section 234 of the Foreign Assistance Act of 
1961 to be derived by transfer from the Overseas Private 
Investment Corporation Noncredit Account: Provided, That such 
costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That such sums shall be available for direct 
loan obligations and loan guaranty commitments incurred or made 
during fiscal years 1998 and 1999: Provided further, That such 
sums shall remain available through fiscal year 2006 for the 
disbursement of direct and guaranteed loans obligated in fiscal 
year 1998, and through fiscal year 2007 for the disbursement of 
direct and guaranteed loans obligated in fiscal year 1999: 
Provided further, That in addition, such sums as may be 
necessary for administrative expenses to carry out the credit 
program may be derived from amounts available for 
administrative expenses to carry out the credit and insurance 
programs in the Overseas Private Investment Corporation 
Noncredit Account and merged with said account.

                  Funds Appropriated to the President

                      trade and development agency

    For necessary expenses to carry out the provisions of 
section 661 of the Foreign Assistance Act of 1961, $41,500,000, 
to remain available until September 30, 1999: Provided, That 
the Trade and Development Agency may receive reimbursements 
from corporations and other entities for the costs of grants 
for feasibility studies and other project planning services, to 
be deposited as an offsetting collection to this account and to 
be available for obligation until September 30, 1999, for 
necessary expenses under this paragraph: Provided further, That 
such reimbursements shall not cover, or be allocated against, 
direct or indirect administrative costs of the agency.

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

    For expenses necessary to enable the President to carry out 
the provisions of the Foreign Assistance Act of 1961, and for 
other purposes, to remain available until September 30, 1998, 
unless otherwise specified herein, as follows:

                  agency for international development

                child survival and disease programs fund

    For necessary expenses to carry out the provisions of 
chapters 1 and 10 of part I of the Foreign Assistance Act of 
1961, for child survival, basic education, assistance to combat 
tropical and other diseases, and related activities, in 
addition to funds otherwise available for such purposes, 
$650,000,000, to remain available until expended: Provided, 
That this amount shall be made available for such activities 
as: (1) immunization programs; (2) oral rehydration programs; 
(3) health and nutrition programs, and related education 
programs, which address the needs of mothers and children; (4) 
water and sanitation programs; (5) assistance for displaced and 
orphaned children; (6) programs for the prevention, treatment, 
and control of, and research on, tuberculosis, HIV/AIDS, polio, 
malaria and other diseases; (7) up to $98,000,000 for basic 
education programs for children; and (8) a contribution on a 
grant basis to the United Nations Children's Fund (UNICEF) 
pursuant to section 301 of the Foreign Assistance Act of 1961.

                  agency for international development

                         development assistance

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of 
sections 103 through 106 and chapter 10 of part I of the 
Foreign Assistance Act of 1961, title V of the International 
Security and Development Cooperation Act of 1980 (Public Law 
96-533) and the provisions of section 401 of the Foreign 
Assistance Act of 1969, $1,210,000,000, to remain available 
until September 30, 1999: Provided, That of the amount 
appropriated under this heading, up to $22,000,000 may be made 
available for the Inter-American Foundation and shall be 
apportioned directly to that agency: Provided further, That of 
the amount appropriated under this heading, up to $14,000,000 
may be made available for the African Development Foundation 
and shall be apportioned directly to that agency: Provided 
further, That none of the funds made available in this Act nor 
any unobligated balances from prior appropriations may be made 
available to any organization or program which, as determined 
by the President of the United States, supports or participates 
in the management of a program of coercive abortion or 
involuntary sterilization: Provided further, That none of the 
funds made available under this heading may be used to pay for 
the performance of abortion as a method of family planning or 
to motivate or coerce any person to practice abortions; and 
that in order to reduce reliance on abortion in developing 
nations, funds shall be available only to voluntary family 
planning projects which offer, either directly or through 
referral to, or information about access to, a broad range of 
family planning methods and services: Provided further, That in 
awarding grants for natural family planning under section 104 
of the Foreign Assistance Act of 1961 no applicant shall be 
discriminated against because of such applicant's religious or 
conscientious commitment to offer only natural family planning; 
and, additionally, all such applicants shall comply with the 
requirements of the previous proviso: Provided further, That 
for purposes of this or any other Act authorizing or 
appropriating funds for foreign operations, export financing, 
and related programs, the term ``motivate'', as it relates to 
family planning assistance, shall not be construed to prohibit 
the provision, consistent with local law, of information or 
counseling about all pregnancy options: Provided further, That 
nothing in this paragraph shall be construed to alter any 
existing statutory prohibitions against abortion under section 
104 of the Foreign Assistance Act of 1961: Provided further, 
That, notwithstanding section 109 of the Foreign Assistance Act 
of 1961, of the funds appropriated under this heading in this 
Act, and of the unobligated balances of funds previously 
appropriated under this heading, not to exceed $2,500,000 shall 
be transferred to ``International Organizations and Programs'' 
for a contribution to the International Fund for Agricultural 
Development (IFAD), and that any such transfer of funds shall 
be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That of the 
funds appropriated under this heading that are made available 
for assistance programs for displaced and orphaned children and 
victims of war, not to exceed $25,000, in addition to funds 
otherwise available for such purposes, may be used to monitor 
and provide oversight of such programs: Provided further, That 
none of the funds made available under this heading may be used 
for any activity which is in contravention to the Convention on 
International Trade in Endangered Species of Flora and Fauna 
(CITES).

                private and voluntary organizations \2\

    None of the funds appropriated or otherwise made available 
by this Act for development assistance may be made available to 
any United States private and voluntary organization, except 
any cooperative development organization, which obtains less 
than 20 percent of its total annual funding for international 
activities from sources other than the United States 
Government: Provided, That the requirements of the provisions 
of section 123(g) of the Foreign Assistance Act of 1961 and the 
provisions on private and voluntary organizations in title II 
of the Foreign Assistance and Related Programs Appropriations 
Act, 1985 (as enacted in Public Law 98-473) shall be superseded 
by the provisions of this section, except that the authority 
contained in the last sentence of section 123(g) may be 
exercised by the Administrator with regard to the requirements 
of this paragraph.

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    \2\ 22 U.S.C. 2151u note. The provisions on private and voluntary 
organizations in Public Law 98-473 (98 Stat. 1889) set the annual 
funding for international activities from sources other than the U.S. 
Government at not less than 25 per centum.
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    Funds appropriated or otherwise made available under title 
II of this Act should be made available to private and 
voluntary organizations at a level which is at least equivalent 
to the level provided in fiscal year 1995. Such private and 
voluntary organizations shall include those which operate on a 
not-for-profit basis, receive contributions from private 
sources, receive voluntary support from the public and are 
deemed to be among the most cost-effective and successful 
providers of development assistance.

                                 cyprus

    Of the funds appropriated under the headings ``Development 
Assistance'' and ``Economic Support Fund'', not less than 
$15,000,000 shall be made available for Cyprus to be used only 
for scholarships, administrative support of the scholarship 
program, bicommunal projects, and measures aimed at 
reunification of the island and designed to reduce tensions and 
promote peace and cooperation between the two communities on 
Cyprus.

                                 burma

    Of the funds appropriated under the headings ``Development 
Assistance'' and ``Economic Support Fund'', not less than 
$5,000,000 shall be made available to support activities in 
Burma, along the Burma-Thailand border, and for activities of 
Burmese student groups and other organizations located outside 
Burma: Provided, That funds made available for Burma related 
activities under this heading may be made available 
notwithstanding any other provision of law: Provided further, 
That provision of such funds shall be made available subject to 
the regular notification procedures of the Committees on 
Appropriations.

                                cambodia

    None of the funds appropriated in this Act may be made 
available for the Government of Cambodia: Provided, That the 
restrictions under this heading shall not apply to 
humanitarian, demining or election-related programs or 
activities: Provided further, That such funds shall be subject 
to the regular notification procedures of the Committees on 
Appropriations: Provided further, That 30 days after enactment 
of this Act, the President shall report to the Committees on 
Appropriations on the results of the FBI investigation into the 
bombing attack in Phnom Penh on March 30, 1997.

                   international disaster assistance

    For necessary expenses for international disaster relief, 
rehabilitation, and reconstruction assistance pursuant to 
section 491 of the Foreign Assistance Act of 1961, as amended, 
$190,000,000, to remain available until expended.

                           debt restructuring

    For the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, of modifying direct loans and 
loan guarantees, as the President may determine, for which 
funds have been appropriated or otherwise made available for 
programs within the International Affairs Budget Function 150, 
including the cost of selling, reducing, or canceling amounts, 
through debt buybacks and swaps, owed to the United States as a 
result of concessional loans made to eligible Latin American 
and Caribbean countries, pursuant to part IV of the Foreign 
Assistance Act of 1961; of modifying concessional loans 
extended to least developed countries, as authorized under 
section 411 of the Agricultural Trade Development and 
Assistance Act of 1954, as amended; and of modifying any 
obligation, or portion of such obligation for Latin American 
countries to pay for purchases of United States agricultural 
commodities guaranteed by the Commodity Credit Corporation 
under export credit guarantee programs authorized pursuant to 
section 5(f) of the Commodity Credit Corporation Charter Act of 
June 29, 1948, as amended, section 4(b) of the Food for Peace 
Act of 1966, as amended (Public Law 89-808), or section 202 of 
the Agricultural Trade Act of 1978, as amended (Public Law 95-
501); $27,000,000, to remain available until expended: 
Provided, That not to exceed $1,500,000 of such funds may be 
used for implementation of improvements in the foreign credit 
reporting system of the United States Government.

         micro and small enterprise development program account

    For the cost of direct loans and loan guarantees, 
$1,500,000, as authorized by section 108 of the Foreign 
Assistance Act of 1961, as amended: Provided, That such costs 
shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That guarantees of loans made 
under this heading in support of microenterprise activities may 
guarantee up to 70 percent of the principal amount of any such 
loans notwithstanding section 108 of the Foreign Assistance Act 
of 1961. In addition, for administrative expenses to carry out 
programs under this heading, $500,000, all of which may be 
transferred to and merged with the appropriation for Operating 
Expenses of the Agency for International Development: Provided 
further, That funds made available under this heading shall 
remain available until September 30, 1999.

             urban and environmental credit program account

    For the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, of guaranteed loans 
authorized by sections 221 and 222 of the Foreign Assistance 
Act of 1961, including the cost of guaranteed loans designed to 
promote the urban and environmental policies and objectives of 
part I of such Act, $3,000,000, to remain available until 
September 30, 1999: Provided, That these funds are available to 
subsidize loan principal, 100 percent of which shall be 
guaranteed, pursuant to the authority of such sections. In 
addition, for administrative expenses to carry out guaranteed 
loan programs, $6,000,000, all of which may be transferred to 
and merged with the appropriation for Operating Expenses of the 
Agency for International Development: Provided further, That 
commitments to guarantee loans under this heading may be 
entered into notwithstanding the second and third sentences of 
section 222(a) and, with regard to programs for Central and 
Eastern Europe and programs for the benefit of South Africans 
disadvantaged by apartheid, section 223(j) of the Foreign 
Assistance Act of 1961.

     payment to the foreign service retirement and disability fund

    For payment to the ``Foreign Service Retirement and 
Disability Fund'', as authorized by the Foreign Service Act of 
1980, $44,208,000.

     operating expenses of the agency for international development

    For necessary expenses to carry out the provisions of 
section 667, $473,000,000: Provided, That none of the funds 
appropriated by this Act for programs administered by the 
Agency for International Development may be used to finance 
printing costs of any report or study (except feasibility, 
design, or evaluation reports or studies) in excess of $25,000 
without the approval of the Administrator of the Agency or the 
Administrator's designee.

 operating expenses of the agency for international development office 
                          of inspector general

    For necessary expenses to carry out the provisions of 
section 667, $29,047,000, to remain available until September 
30, 1999, which sum shall be available for the Office of the 
Inspector General of the Agency for International Development.

                  Other Bilateral Economic Assistance

                         economic support fund

    For necessary expenses to carry out the provisions of 
chapter 4 of part II, $2,400,000,000, to remain available until 
September 30, 1999: Provided, That of the funds appropriated 
under this heading, not less than $1,200,000,000 shall be 
available only for Israel, which sum shall be available on a 
grant basis as a cash transfer and shall be disbursed within 30 
days of enactment of this Act or by October 31, 1997, whichever 
is later: Provided further, That not less than $815,000,000 
shall be available only for Egypt, which sum shall be provided 
on a grant basis, and of which sum cash transfer assistance may 
be provided, with the understanding that Egypt will undertake 
significant economic reforms which are additional to those 
which were undertaken in previous fiscal years: Provided 
further, That in exercising the authority to provide cash 
transfer assistance for Israel, the President shall ensure that 
the level of such assistance does not cause an adverse impact 
on the total level of nonmilitary exports from the United 
States to such country: Provided further, That of the funds 
appropriated under this heading, not less than $150,000,000 
shall be made available for Jordan: Provided further, That of 
the funds made available under this heading in previous Acts 
making appropriations for foreign operations, export financing, 
and related programs, notwithstanding any provision in any such 
heading in such previous Acts, up to $116,000,000 may be 
allocated or made available for programs and activities under 
this heading including the Middle East Peace and Stability 
Fund: Provided further, That in carrying out the previous 
proviso, the President should seek to ensure to the extent 
feasible that not more than 1 percent of the amount specified 
in section 586 of this Act should be derived from funds that 
would otherwise be made available for any single country: 
Provided further, That funds provided for the Middle East Peace 
and Stability Fund by a country in the region under the 
authority of section 635(d) of the Foreign Assistance Act of 
1961, and funds made available for Jordan following the date of 
enactment of this Act from previous Acts making appropriations 
for foreign operations, export financing, and related programs, 
shall count toward meeting the earmark contained in the fourth 
proviso under this heading: Provided further, That up to 
$10,000,000 of funds under this heading in previous foreign 
operations, export financing, and related programs 
appropriations Acts that were reprogrammed for Jordan during 
fiscal year 1997 shall also count toward such earmark: Provided 
further, That, in order to facilitate the implementation of the 
fourth proviso under this heading, the requirement of section 
515 of this Act or any similar provision of law shall not apply 
to the making available of funds appropriated for a fiscal year 
for programs, projects, or activities that were justified for 
another fiscal year: Provided further, That for fiscal year 
1998 such portions of the notification required under section 
653 of the Foreign Assistance Act of 1961 that relate to the 
Middle East may be submitted to the Congress as soon as 
practicable, but no later than March 1, 1998: Provided further, 
That during fiscal year 1998, of the local currencies generated 
from funds made available under this heading for Guatemala by 
this Act and prior appropriations Acts, the United States and 
Guatemala may jointly program the Guatemala quetzales 
equivalent of a total of up to $10,000,000 for the purpose of 
retiring the debt owed by universities in Guatemala to the 
Inter-American Development Bank.

                     international fund for ireland

    For necessary expenses to carry out the provisions of 
chapter 4 of part II of the Foreign Assistance Act of 1961, 
$19,600,000, which shall be available for the United States 
contribution to the International Fund for Ireland and shall be 
made available in accordance with the provisions of the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415): \3\ 
Provided, That such amount shall be expended at the minimum 
rate necessary to make timely payment for projects and 
activities: Provided further, That funds made available under 
this heading shall remain available until September 30, 1999.

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    \3\ For text, see Legislation on Foreign Relations Through 1997, 
vol. I-B.
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          assistance for eastern europe and the baltic states

    (a) For necessary expenses to carry out the provisions of 
the Foreign Assistance Act of 1961 and the Support for East 
European Democracy (SEED) Act of 1989,\4\ $485,000,000, to 
remain available until September 30, 1999, which shall be 
available, notwithstanding any other provision of law, for 
economic assistance and for related programs for Eastern Europe 
and the Baltic States.

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    \4\ For text of the SEED Act, see Legislation on Foreign Relations 
Through 1997, vol. I-B.
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    (b) Funds appropriated under this heading or in prior 
appropriations Acts that are or have been made available for an 
Enterprise Fund may be deposited by such Fund in interest-
bearing accounts prior to the Fund's disbursement of such funds 
for program purposes. The Fund may retain for such program 
purposes any interest earned on such deposits without returning 
such interest to the Treasury of the United States and without 
further appropriation by the Congress. Funds made available for 
Enterprise Funds shall be expended at the minimum rate 
necessary to make timely payment for projects and activities.
    (c) Funds appropriated under this heading shall be 
considered to be economic assistance under the Foreign 
Assistance Act of 1961 for purposes of making available the 
administrative authorities contained in that Act for the use of 
economic assistance.
    (d) None of the funds appropriated under this heading may 
be made available for new housing construction or repair or 
reconstruction of existing housing in Bosnia and Herzegovina 
unless directly related to the efforts of United States troops 
to promote peace in said country.
    (e) With regard to funds appropriated or otherwise made 
available under this heading for the economic revitalization 
program in Bosnia and Herzegovina, and local currencies 
generated by such funds (including the conversion of funds 
appropriated under this heading into currency used by Bosnia 
and Herzegovina as local currency and local currency returned 
or repaid under such program)--
          (1) the Administrator of the Agency for International 
        Development shall provide written approval for grants 
        and loans prior to the obligation and expenditure of 
        funds for such purposes, and prior to the use of funds 
        that have been returned or repaid to any lending 
        facility or grantee; and
          (2) the provisions of section 532 of this Act shall 
        apply.
    (f) The President is authorized to withhold funds 
appropriated under this heading made available for economic 
revitalization programs in Bosnia and Herzegovina, if he 
determines and certifies to the Committees on Appropriations 
that the Federation of Bosnia and Herzegovina has not complied 
with article III of annex 1-A of the General Framework 
Agreement for Peace in Bosnia and Herzegovina concerning the 
withdrawal of foreign forces, and that intelligence cooperation 
on training, investigations, and related activities between 
Iranian officials and Bosnian officials has not been 
terminated.
    (g) Not to exceed $200,000,000 of the funds appropriated 
under this heading may be made available for Bosnia and 
Herzegovina exclusive of assistance for police training.
    (h) Not to exceed $7,000,000 of the funds made available 
for Bosnia and Herzegovina may be made available for the cost, 
as defined in section 502 of the Congressional Budget Act of 
1974, of modifying direct loans and loan guarantees for said 
country.

  assistance for the new independent states of the former soviet union

    (a) For necessary expenses to carry out the provisions of 
chapter 11 of part I of the Foreign Assistance Act of 1961 and 
the FREEDOM Support Act,\5\ for assistance for the new 
independent states of the former Soviet Union and for related 
programs, $770,000,000, to remain available until September 30, 
1999: Provided, That the provisions of such chapter shall apply 
to funds appropriated by this paragraph.

-----------------------------------------------------------------------
    \5\ For text of the FREEDOM Support Act, see Legislation on Foreign 
Relations Through 1997, vol. I-B.
-----------------------------------------------------------------------

    (b) None of the funds appropriated under this heading shall 
be made available to the Government of Russia--
          (1) unless that government is making progress in 
        implementing comprehensive economic reforms based on 
        market principles, private ownership, negotiating 
        repayment of commercial debt, respect for commercial 
        contracts, and equitable treatment of foreign private 
        investment;
          (2) if that government applies or transfers United 
        States assistance to any entity for the purpose of 
        expropriating or seizing ownership or control of 
        assets, investments, or ventures; and
          (3) funds may be furnished without regard to this 
        subsection if the President determines that to do so is 
        in the national interest.
    (c) \6\ None of the funds appropriated under this heading 
shall be made available to any government of the new 
independent states of the former Soviet Union if that 
government directs any action in violation of the territorial 
integrity or national sovereignty of any other new independent 
state, such as those violations included in the Helsinki Final 
Act: Provided, That such funds may be made available without 
regard to the restriction in this subsection if the President 
determines that to do so is in the national security interest 
of the United States: Provided further, That the restriction of 
this subsection shall not apply to the use of such funds for 
the provision of assistance for purposes of humanitarian and 
refugee relief.

-----------------------------------------------------------------------
    \6\ 22 U.S.C. 5814 note. The President issued such a determination 
on January 26, 1998 (Presidential Determination No. 98-11; unprinted at 
publication).
-----------------------------------------------------------------------

    (d) None of the funds appropriated under this heading for 
the new independent states of the former Soviet Union shall be 
made available for any state to enhance its military 
capability: Provided, That this restriction does not apply to 
demilitarization, demining, or nonproliferation programs.
    (e) Funds appropriated under this heading shall be subject 
to the regular notification procedures of the Committees on 
Appropriations.
    (f) Funds made available in this Act for assistance to the 
new independent states of the former Soviet Union shall be 
subject to the provisions of section 117 (relating to 
environment and natural resources) of the Foreign Assistance 
Act of 1961.
    (g) Funds appropriated under title II of this Act, 
including funds appropriated under this heading, may be made 
available for assistance for Mongolia: Provided, That funds 
made available for assistance for Mongolia may be made 
available in accordance with the purposes and utilizing the 
authorities provided in chapter 11 of part I of the Foreign 
Assistance Act of 1961.
    (h) In issuing new task orders, entering into contracts, or 
making grants, with funds appropriated under this heading or in 
prior appropriations Acts, for projects or activities that have 
as one of their primary purposes the fostering of private 
sector development, the Coordinator for United States 
Assistance to the New Independent States and the implementing 
agency shall encourage the participation of and give 
significant weight to contractors and grantees who propose 
investing a significant amount of their own resources 
(including volunteer services and in-kind contributions) in 
such projects and activities.
    (i) Funds appropriated under this heading or in prior 
appropriations Acts that are or have been made available for an 
Enterprise Fund may be deposited by such Fund in interest-
bearing accounts prior to the disbursement of such funds by the 
Fund for program purposes. The Fund may retain for such program 
proposes any interest earned on such deposits without returning 
such interest to the Treasury of the United States and without 
further appropriation by the Congress. Funds made available for 
Enterprise Funds shall be expended at the minimum rate 
necessary to make timely payment for projects and activities.
    (j)(1) Of the funds appropriated under this heading that 
are allocated for assistance for the Government of Russia, 50 
percent shall be withheld from obligation until the President 
determines and certifies in writing to the Committees on 
Appropriations that the Government of Russia has terminated 
implementation of arrangements to provide Iran with technical 
expertise, training, technology, or equipment necessary to 
develop a nuclear reactor, related nuclear research facilities 
or programs, or ballistic missile capability.
    (2) Notwithstanding paragraph (1) assistance may be 
provided for the Government of Russia if the President 
determines and certifies to the Committees on Appropriations 
that making such funds available: (A) is vital to the national 
security interest of the United States; and (B) that the 
Government of Russia is taking meaningful steps to limit major 
supply contracts and to curtail the transfer of technology and 
technological expertise related to activities referred to in 
paragraph (1).
    (k) Of the funds appropriated under this heading, not less 
than $225,000,000 shall be made available for Ukraine, which 
sum shall be provided with the understanding that Ukraine will 
undertake significant economic reforms which are additional to 
those which were undertaken in the previous fiscal year: 
Provided, That 50 percent of the amount made available in this 
subsection, exclusive of funds made available for election 
related initiatives and nuclear reactor safety activities, 
shall be withheld from obligation and expenditure until the 
Secretary of State determines and certifies no later than April 
30, 1998, that the Government of Ukraine has made significant 
progress toward resolving complaints made by United States 
investors to the United States embassy prior to April 30, 1997: 
Provided further, That funds made available under this 
subsection, and funds appropriated for Ukraine in the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1997 as contained in Public Law 104-208 
shall be made available to complete the preparation of safety 
analysis reports at each nuclear reactor in Ukraine over the 
next three years.
    (l) Of the funds appropriated under this heading, not less 
than $250,000,000 shall be made available for assistance for 
the Southern Caucasus region: Provided, That of the funds 
provided under this subsection 37 percent shall be made 
available for Georgia and 35 percent shall be made available 
for Armenia: Provided further, That of the funds made available 
for the Southern Caucasus region, 28 percent should be used for 
reconstruction and remedial activities relating to the 
consequences of conflicts within the region, especially those 
in the vicinity of Abkhazia and Nagorno-Karabakh: Provided 
further, That if the Secretary of State after May 30, 1998, 
determines and reports to the relevant committees of Congress 
that the full amount of reconstruction and remedial funds that 
may be made available under the previous proviso cannot be 
effectively utilized, up to 62.5 percent of the amount provided 
under the previous proviso for reconstruction and remediation 
may be used for other purposes under this heading.
    (m) Funds provided under the previous subsection shall be 
made available for humanitarian assistance for refugees, 
displaced persons, and needy civilians affected by the 
conflicts in the Southern Caucasus region, including those in 
the vicinity of Abkhazia and Nagorno-Karabakh, notwithstanding 
any other provision of this or any other Act.
    (n) Funds made available under this Act or any other Act 
may not be provided for assistance to the Government of 
Azerbaijan until the President determines, and so reports to 
the Congress, that the Government of Azerbaijan is taking 
demonstrable steps to cease all blockades against Armenia and 
Nagorno-Karabakh: Provided, That the restriction of this 
subsection and section 907 of the FREEDOM Support Act shall not 
apply to--
          (1) activities to support democracy or assistance 
        under title V of the FREEDOM Support Act and section 
        1424 of Public Law 104-201; \7\

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    \7\ Sec. 1424 of the Defense Against Weapons of Mass Destruction 
Act of 1996 (title XIV of Public Law 104-201; 50 U.S.C. 2301 note) 
relates to international border security among the states of the former 
Soviet Union, the Baltic States, and other countries of Eastern Europe. 
For text, see Legislation on Foreign Relations Through 1997, vol. II, 
sec. F.
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          (2) any assistance provided by the Trade and 
        Development Agency under section 661 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2421); and
          (3) any activity carried out by a member of the 
        United States and Foreign Commercial Service while 
        acting within his or her official capacity.
    (o) None of the funds appropriated under this heading or in 
prior appropriations legislation may be made available to 
establish a joint public-private entity or organization engaged 
in the management of activities or projects supported by the 
Defense Enterprise Fund.

                           Independent Agency

                              peace corps

    For expenses necessary to carry out the provisions of the 
Peace Corps Act (75 Stat. 612),\8\ $222,000,000, including the 
purchase of not to exceed five passenger motor vehicles for 
administrative purposes for use outside of the United States: 
Provided, That none of the funds appropriated under this 
heading shall be used to pay for abortions: Provided further, 
That funds appropriated under this heading shall remain 
available until September 30, 1999.

-----------------------------------------------------------------------
    \8\ The Peace Corps Act, as amended (Public Law 87-293), may be 
found in Legislation on Foreign Relations Through 1997, vol. I-B.
-----------------------------------------------------------------------

                          Department of State

                    international narcotics control

    For necessary expenses to carry out section 481 of the 
Foreign Assistance Act of 1961, $215,000,000: Provided, That 
during fiscal year 1998, the Department of State may also use 
the authority of section 608 of the Act, without regard to its 
restrictions, to receive non-lethal excess property from an 
agency of the United States Government for the purpose of 
providing it to a foreign country under chapter 8 of part I of 
that Act subject to the regular notification procedures of the 
Committees on Appropriations: \9\ Provided further, That not 
later than 60 days after the date of enactment of this Act, the 
Secretary of State in consultation with the Director of the 
Office of National Drug Control Policy shall submit a report to 
the Committees on Appropriations containing: (1) a list of all 
countries in which the United States carries out international 
counter-narcotics activities; (2) the number, mission and 
agency affiliation of United States personnel assigned to each 
such country; and (3) all costs and expenses obligated for each 
program, project or activity by each United States agency in 
each country: Provided further, That of the amount made 
available under this heading not to exceed $5,000,000 shall be 
allocated to operate the Western Hemisphere International Law 
Enforcement Academy: Provided further, That 10 percent of the 
funds appropriated under this heading shall not be available 
for obligation until the Secretary of State submits a report to 
the Committees on Appropriations providing a financial plan for 
the funds appropriated under this heading and under the heading 
``Narcotics Interdiction''.

-----------------------------------------------------------------------
    \9\ Sec. 482(g) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291a), as amended, provides the following:
    ``(g) Excess Property.--For purposes of this chapter, the Secretary 
of State may use the authority of section 608, without regard to the 
restrictions of such section, to receive nonlethal excess property from 
any agency of the United States Government for the purpose of providing 
such property to a foreign government under the same terms and 
conditions as funds authorized to be appropriated for the purposes of 
this chapter.''.
-----------------------------------------------------------------------

                         narcotics interdiction

    For necessary expenses to carry out the provisions of 
section 481 of the Foreign Assistance Act of 1961, $15,000,000, 
to remain available until expended, in addition to amounts 
otherwise available for such purposes, which shall be available 
for assistance, including procurement, for support of air drug 
interdiction and eradication and other related purposes: 
Provided, That funds appropriated under this heading shall be 
made available subject to the regular notification procedures 
of the Committees on Appropriations.

                    migration and refugee assistance

    For expenses, not otherwise provided for, necessary to 
enable the Secretary of State to provide, as authorized by law, 
a contribution to the International Committee of the Red Cross, 
assistance to refugees, including contributions to the 
International Organization for Migration and the United Nations 
High Commissioner for Refugees, and other activities to meet 
refugee and migration needs; salaries and expenses of personnel 
and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of 
title 5, United States Code; purchase and hire of passenger 
motor vehicles; and services as authorized by section 3109 of 
title 5, United States Code, $650,000,000: Provided, That not 
more than $12,000,000 shall be available for administrative 
expenses: Provided further, That not less than $80,000,000 
shall be made available for refugees from the former Soviet 
Union and Eastern Europe and other refugees resettling in 
Israel.

                    refugee resettlement assistance

    For necessary expenses for the targeted assistance program 
authorized by title IV of the Immigration and Nationality Act 
and section 501 of the Refugee Education Assistance Act of 1980 
and administered by the Office of Refugee Resettlement of the 
Department of Health and Human Services, in addition to amounts 
otherwise available for such purposes, $5,000,000.

     united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of 
section 2(c) of the Migration and Refugee Assistance Act of 
1962, as amended (22 U.S.C. 260(c)),\10\ $50,000,000, to remain 
available until expended: Provided, That the funds made 
available under this heading are appropriated notwithstanding 
the provisions contained in section 2(c)(2) of the Migration 
and Refugee Assistance Act of 1962 which would limit the amount 
of funds which could be appropriated for this purpose.

-----------------------------------------------------------------------
    \10\ For text, see Legislation on Foreign Relations Through 1996, 
vol. II.
-----------------------------------------------------------------------

    nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism 
and related programs and activities, $133,000,000, to carry out 
the provisions of chapter 8 of part II of the Foreign 
Assistance Act of 1961 for anti-terrorism assistance, section 
504 of the FREEDOM Support Act for the Nonproliferation and 
Disarmament Fund,\11\ section 23 of the Arms Export Control Act 
or the Foreign Assistance Act of 1961 for demining, the 
clearance of unexploded ordnance, and related activities, 
notwithstanding any other provision of law, including 
activities implemented through nongovernmental and 
international organizations, section 301 of the Foreign 
Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA) and a voluntary 
contribution to the Korean Peninsula Energy Development 
Organization (KEDO): Provided, That of this amount not to 
exceed $15,000,000, to remain available until expended, may be 
made available for the Nonproliferation and Disarmament Fund, 
notwithstanding any other provision of law, to promote 
bilateral and multilateral activities relating to 
nonproliferation and disarmament: Provided further, That such 
funds may also be used for such countries other than the new 
independent states of the former Soviet Union and international 
organizations when it is in the national security interest of 
the United States to do so: Provided further, That such funds 
shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That funds 
appropriated under this heading may be made available for the 
International Atomic Energy Agency only if the Secretary of 
State determines (and so reports to the Congress) that Israel 
is not being denied its right to participate in the activities 
of that Agency: Provided further, That not to exceed 
$30,000,000 may be made available to the Korean Peninsula 
Energy Development Organization (KEDO) only for the 
administrative expenses and heavy fuel oil costs associated 
with the Agreed Framework: Provided further, That such funds 
may be obligated to KEDO only if, 30 days prior to such 
obligation of funds, the President certifies and so reports to 
Congress that: (1)(A) the parties to the Agreed Framework are 
taking steps to assure that progress is made on the 
implementation of the January 1, 1992, Joint Declaration on the 
Denuclearization of the Korean Peninsula and the implementation 
of the North-South dialogue, and (B) North Korea is complying 
with the other provisions of the Agreed Framework between North 
Korea and the United States and with the Confidential Minute; 
(2) North Korea is cooperating fully in the canning and safe 
storage of all spent fuel from its graphite-moderated nuclear 
reactors and that such canning and safe storage is scheduled to 
be completed by April 1, 1998; and (3) North Korea has not 
significantly diverted assistance provided by the United States 
for purposes for which it was not intended: Provided further, 
That the President may waive the certification requirements of 
the preceding proviso if the President determines that it is 
vital to the national security interests of the United States: 
Provided further, That no funds may be obligated for KEDO until 
30 calendar days after submission to Congress of the waiver 
permitted under the preceding proviso: Provided further, That 
the obligation of any funds for KEDO shall be subject to the 
regular notification procedures of the Committees on 
Appropriations: Provided further, That the Secretary of State 
shall submit to the appropriate congressional committees an 
annual report (to be submitted with the annual presentation for 
appropriations) providing a full and detailed accounting of the 
fiscal year request for the United States contribution to KEDO, 
the expected operating budget of KEDO, to include unpaid debt, 
proposed annual costs associated with heavy fuel oil purchases, 
and the amount of funds pledged by other donor nations and 
organizations to support KEDO activities on a per country 
basis, and other related activities: Provided further, That of 
the funds made available under this heading, up to $10,000,000 
may be made available to KEDO, in addition to funds otherwise 
made available under this heading for KEDO, if the Secretary of 
State certifies and reports to the Committees on Appropriations 
that, except for the funds made available under this proviso, 
funds sufficient to cover all outstanding debts owed by KEDO 
for heavy fuel oil have been provided to KEDO by donors other 
than the United States.

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    \11\ For text, see Legislation on Foreign Relations Through 1997, 
vol. I-B.
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                     TITLE III--MILITARY ASSISTANCE

                  Funds Appropriated to the President

             international military education and training

    For necessary expenses to carry out the provisions of 
section 541 of the Foreign Assistance Act of 1961, $50,000,000: 
Provided, That the civilian personnel for whom military 
education and training may be provided under this heading may 
include civilians who are not members of a government whose 
participation would contribute to improved civil-military 
relations, civilian control of the military, or respect for 
human rights: Provided further, That funds appropriated under 
this heading for grant financed military education and training 
for Indonesia and Guatemala may only be available for expanded 
international military education and training and funds made 
available for Guatemala may only be provided through the 
regular notification procedures of the Committees on 
Appropriations: Provided further, That none of the funds 
appropriated under this heading may be made available to 
support grant financed military education and training at the 
School of the Americas unless: (1) the Secretary of Defense 
certifies that the instruction and training provided by the 
School of the Americas is fully consistent with training and 
doctrine, particularly with respect to the observance of human 
rights, provided by the Department of Defense to United States 
military students at Department of Defense institutions whose 
primary purpose is to train United States military personnel; 
(2) the Secretary of Defense certifies that the Secretary of 
State, in consultation with the Secretary of Defense, has 
developed and issued specific guidelines governing the 
selection and screening of candidates for instruction at the 
School of the Americas; and (3) the Secretary of Defense 
submits to the Committees on Appropriations a report detailing 
the training activities of the School of the Americas and a 
general assessment regarding the performance of its graduates 
during 1996.

                   foreign military financing program

    For expenses necessary for grants to enable the President 
to carry out the provisions of section 23 of the Arms Export 
Control Act, $3,296,550,000: Provided, That of the funds 
appropriated under this heading, not less than $1,800,000,000 
shall be available for grants only for Israel, and not less 
than $1,300,000,000 shall be made available for grants only for 
Egypt: Provided further, That the funds appropriated by this 
paragraph for Israel shall be disbursed within 30 days of 
enactment of this Act or by October 31, 1997, whichever is 
later: Provided further, That to the extent that the Government 
of Israel requests that funds be used for such purposes, grants 
made available for Israel by this paragraph shall, as agreed by 
Israel and the United States, be available for advanced weapons 
systems, of which not less than $475,000,000 shall be available 
for the procurement in Israel of defense articles and defense 
services, including research and development: Provided further, 
That of the funds appropriated by this paragraph, not less than 
$75,000,000 shall be available for assistance for Jordan: 
Provided further, That during fiscal year 1998 the President is 
authorized to, and shall, direct drawdowns of defense articles 
from the stocks of the Department of Defense, defense services 
of the Department of Defense, and military education and 
training of an aggregate value of not less than $25,000,000 
under the authority of this proviso for Jordan for the purposes 
of part II of the Foreign Assistance Act of 1961, and any 
amount so directed shall count toward meeting the earmark in 
the previous proviso: Provided further, That section 506(c) of 
the Foreign Assistance Act of 1961 shall apply, and section 
632(d) of the Foreign Assistance Act of 1961 shall not apply, 
to any such drawdown: Provided further, That of the funds 
appropriated by this paragraph, a total of $18,300,000 should 
be available for assistance for Estonia, Latvia, and Lithuania: 
Provided further, That none of the funds made available under 
this heading shall be available for any non-NATO country 
participating in the Partnership for Peace Program except 
through the regular notification procedures of the Committees 
on Appropriations: Provided further, That funds appropriated by 
this paragraph shall be nonrepayable notwithstanding any 
requirement in section 23 of the Arms Export Control Act: 
Provided further, That funds made available under this 
paragraph shall be obligated upon apportionment in accordance 
with paragraph (5)(C) of title 31, United States Code, section 
1501(a): Provided further, That $50,000,000 of the funds 
appropriated or otherwise made available under this heading 
should be made available for the purpose of facilitating the 
integration of Poland, Hungary, and the Czech Republic into the 
North Atlantic Treaty Organization.\12\

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    \12\ See NATO Enlargement Facilitation Act of 1996 (title VI of 
sec. 101(c) of title I of Public Law 104-208), and other legislation 
relating to NATO in Legislation on Foreign Relations Through 1997, vol. 
II.
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    For the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, of direct loans authorized by 
section 23 of the Arms Export Control Act as follows: cost of 
direct loans, $60,000,000: Provided, That these funds are 
available to subsidize gross obligations for the principal 
amount of direct loans of not to exceed $657,000,000: Provided 
further, That the rate of interest charged on such loans shall 
be not less than the current average market yield on 
outstanding marketable obligations of the United States of 
comparable maturities: Provided further, That funds 
appropriated under this paragraph shall be made available for 
Greece and Turkey only on a loan basis, and the principal 
amount of direct loans for each country shall not exceed the 
following: $105,000,000 only for Greece and $150,000,000 only 
for Turkey.
    None of the funds made available under this heading shall 
be available to finance the procurement of defense articles, 
defense services, or design and construction services that are 
not sold by the United States Government under the Arms Export 
Control Act unless the foreign country proposing to make such 
procurements has first signed an agreement with the United 
States Government specifying the conditions under which such 
procurements may be financed with such funds: Provided, That 
all country and funding level increases in allocations shall be 
submitted through the regular notification procedures of 
section 515 of this Act: Provided further, That none of the 
funds appropriated under this heading shall be available for 
Sudan and Liberia: Provided further, That funds made available 
under this heading may be used, notwithstanding any other 
provision of law, for demining, the clearance of unexploded 
ordnance, and related activities and may include activities 
implemented through nongovernmental and international 
organizations: Provided further, That only those countries for 
which assistance was justified for the ``Foreign Military Sales 
Financing Program'' in the fiscal year 1989 congressional 
presentation for security assistance programs \13\ may utilize 
funds made available under this heading for procurement of 
defense articles, defense services or design and construction 
services that are not sold by the United States Government 
under the Arms Export Control Act: Provided further, That, 
subject to the regular notification procedures of the 
Committees on Appropriations, funds made available under this 
heading for the cost of direct loans may also be used to 
supplement the funds available under this heading for grants, 
and funds made available under this heading for grants may also 
be used to supplement the funds available under this heading 
for the cost of direct loans: Provided further, That funds 
appropriated under this heading shall be expended at the 
minimum rate necessary to make timely payment for defense 
articles and services: Provided further, That not more than 
$23,250,000 of the funds appropriated under this heading may be 
obligated for necessary expenses, including the purchase of 
passenger motor vehicles for replacement only for use outside 
of the United States, for the general costs of administering 
military assistance and sales: Provided further, That none of 
the funds under this heading shall be available for Guatemala: 
Provided further, That not more than $350,000,000 of funds 
realized pursuant to section 21(e)(1)(A) of the Arms Export 
Control Act may be obligated for expenses incurred by the 
Department of Defense during fiscal year 1998 pursuant to 
section 43(b) of the Arms Export Control Act, except that this 
limitation may be exceeded only through the regular 
notification procedures of the Committees on Appropriations.

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    \13\ In Africa: Kenya; in East Asia and the Pacific: Indonesia, 
Thailand; in Europe: Greece, Portugal, Spain, Turkey,; in Near East and 
South Asia: Egypt, Israel, Jordan, Morocco, Pakistan, Tunisia, and 
Yemen. See Congressional Presentation for Security Assistance Programs, 
Fiscal Year 1989, page 19.
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                        peacekeeping operations

    For necessary expenses to carry out the provisions of 
section 551 of the Foreign Assistance Act of 1961, $77,500,000: 
Provided, That none of the funds appropriated under this 
heading shall be obligated or expended except as provided 
through the regular notification procedures of the Committees 
on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                  international financial institutions

     contribution to the international bank for reconstruction and 
                              development

    For payment to the International Bank for Reconstruction 
and Development by the Secretary of the Treasury, for the 
United States contribution to the Global Environment Facility 
(GEF), $47,500,000, to remain available until September 30, 
1999.

       contribution to the international development association

    For payment to the International Development Association by 
the Secretary of the Treasury, $1,034,503,100, to remain 
available until expended, of which $234,503,100 shall be 
available to pay for the tenth replenishment: Provided, That 
none of the funds may be obligated or made available until the 
Secretary of the Treasury certifies to the Committees on 
Appropriations that procurement restrictions applicable to 
United States firms under the terms of the Interim Trust Fund 
have been lifted from all funds which Interim Trust Fund donors 
proposed to set aside for review of procurement restrictions at 
the conclusion of the February 1997 IDA Deputies Meeting in 
Paris.

          contribution to the inter-american development bank

    For payment to the Inter-American Development Bank by the 
Secretary of the Treasury, for the United States share of the 
paid-in share portion of the increase in capital stock, 
$25,610,667, and for the United States share of the increase in 
the resources of the Fund for Special Operations, $20,835,000, 
to remain available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the Inter-American 
Development Bank may subscribe without fiscal year limitation 
to the callable capital portion of the United States share of 
such capital stock in an amount not to exceed $1,503,718,910.

contribution to the enterprise for the americas multilateral investment 
                                  fund

    For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the 
United States contribution to the Fund to be administered by 
the Inter-American Development Bank, $30,000,000 to remain 
available until expended, which shall be available for 
contributions previously due.

               contribution to the asian development bank

    For payment to the Asian Development Bank by the Secretary 
of the Treasury for the United States share of the paid-in 
portion of the increase in capital stock, $13,221,596, to 
remain available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the Asian Development Bank 
may subscribe without fiscal year limitation to the callable 
capital portion of the United States share of such capital 
stock in an amount not to exceed $647,858,204.

               contribution to the asian development fund

    For the United States contribution by the Secretary of the 
Treasury to the increases in resources of the Asian Development 
Fund, as authorized by the Asian Development Bank Act, as 
amended (Public Law 89-369), $150,000,000, of which $50,000,000 
shall be available for contributions previously due, to remain 
available until expended.

              CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

    For the United States contribution by the Secretary of the 
Treasury to the increase in resources of the African 
Development Fund, $45,000,000, to remain available until 
expended and which shall be available for contributions 
previously due.

  contribution to the european bank for reconstruction and development

    For payment to the European Bank for Reconstruction and 
Development by the Secretary of the Treasury, $35,778,717, for 
the United States share of the paid-in portion of the increase 
in capital stock, to remain available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the European Bank for 
Reconstruction and Development may subscribe without fiscal 
year limitation to the callable capital portion of the United 
States share of such capital stock in an amount not to exceed 
$123,237,803.

                    north american development bank

    For payment to the North American Development Bank by the 
Secretary of the Treasury, for the United States share of the 
paid-in portion of the capital stock, $56,500,000, to remain 
available until expended of which $250,000 shall be available 
for contributions previously due: Provided, That none of the 
funds appropriated under this heading that are made available 
for the Community Adjustment and Investment Program shall be 
used for purposes other than those set out in the binational 
agreement establishing the Bank: Provided further, That of the 
amount appropriated under this heading, not more than 
$41,250,000 may be expended for the purchase of such capital 
shares in fiscal year 1998.

              limitation on callable capital subscriptions

    The United States Governor of the North American 
Development Bank may subscribe without fiscal year limitation 
to the callable capital portion of the United States share of 
the capital stock of the North American Development Bank in an 
amount not to exceed $318,750,000.

                INTERNATIONAL ORGANIZATIONS AND PROGRAMS

    For necessary expenses to carry out the provisions of 
section 301 of the Foreign Assistance Act of 1961, and of 
section 2 of the United Nations Environment Program 
Participation Act of 1973, $192,000,000: Provided, That none of 
the funds appropriated under this heading shall be made 
available for the United Nations Fund for Science and 
Technology: Provided further, That none of the funds 
appropriated under this heading that are made available to the 
United Nations Population Fund (UNFPA) shall be made available 
for activities in the People's Republic of China: Provided 
further, That not more than $25,000,000 of the funds 
appropriated under this heading may be made available to UNFPA: 
Provided further, That not more than one-half of this amount 
may be provided to UNFPA before March 1, 1998, and that no 
later than February 15, 1998, the Secretary of State shall 
submit a report to the Committees on Appropriations indicating 
the amount UNFPA is budgeting for the People's Republic of 
China in 1998: Provided further, That any amount UNFPA plans to 
spend in the People's Republic of China in 1998 shall be 
deducted from the amount of funds provided to UNFPA after March 
1, 1998, pursuant to the previous provisos: Provided further, 
That with respect to any funds appropriated under this heading 
that are made available to UNFPA, UNFPA shall be required to 
maintain such funds in a separate account and not commingle 
them with any other funds: Provided further, That none of the 
funds appropriated under this heading may be made available to 
the Korean Peninsula Energy Development Organization (KEDO) or 
the International Atomic Energy Agency (IAEA): Provided 
further, That not less than $4,000,000 should be made available 
to the World Food Program.\14\

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    \14\ For other legislation relating to the United Nations, see 
Legislation on Foreign Relations Through 1997, vol. II, sec. H.
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                      TITLE V--GENERAL PROVISIONS

             OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

    Sec. 501.\15\ Except for the appropriations entitled 
``International Disaster Assistance'', and ``United States 
Emergency Refugee and Migration Assistance Fund'', not more 
than 15 percent of any appropriation item made available by 
this Act shall be obligated during the last month of 
availability.

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    \15\ First enacted as sec. 108 of the Mutual Security 
Appropriations Act of 1955.
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     PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL 
                              INSTITUTIONS

    Sec. 502.\16\ Notwithstanding section 614 of the Foreign 
Assistance Act of 1961, as amended, none of the funds contained 
in title II of this Act may be used to carry out the provisions 
of section 209(d) of the Foreign Assistance Act of 1961.

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    \16\ Excluding the ``Notwithstanding'' clause, first enacted as 
sec. 121 of the Foreign Assistance Appropriations Act, 1970.
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                    LIMITATION ON RESIDENCE EXPENSES

    Sec. 503.\17\ Of the funds appropriated or made available 
pursuant to this Act, not to exceed $126,500 shall be for 
official residence expenses of the Agency for International 
Development during the current fiscal year: Provided, That 
appropriate steps shall be taken to assure that, to the maximum 
extent possible, United States-owned foreign currencies are 
utilized in lieu of dollars.

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    \17\ Similar language was first enacted as sec. 113 of the Foreign 
Assistance Appropriations Act, 1976.
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                         LIMITATION ON EXPENSES

    Sec. 504.\18\ Of the funds appropriated or made available 
pursuant to this Act, not to exceed $5,000 shall be for 
entertainment expenses of the Agency for International 
Development during the current fiscal year.

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    \18\ Similar language was first enacted as sec. 114 of the Foreign 
Assistance Appropriations Act, 1976.
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               LIMITATION ON REPRESENTATIONAL ALLOWANCES

    Sec. 505.\19\ Of the funds appropriated or made available 
pursuant to this Act, not to exceed $95,000 shall be available 
for representation allowances for the Agency for International 
Development during the current fiscal year: Provided, That 
appropriate steps shall be taken to assure that, to the maximum 
extent possible, United States-owned foreign currencies are 
utilized in lieu of dollars: Provided further, That of the 
funds made available by this Act for general costs of 
administering military assistance and sales under the heading 
``Foreign Military Financing Program'', not to exceed $2,000 
shall be available for entertainment expenses and not to exceed 
$50,000 shall be available for representation allowances: 
Provided further, That of the funds made available by this Act 
under the heading ``International Military Education and 
Training'', not to exceed $50,000 shall be available for 
entertainment allowances: Provided further, That of the funds 
made available by this Act for the Inter-American Foundation, 
not to exceed $2,000 shall be available for entertainment and 
representation allowances: Provided further, That of the funds 
made available by this Act for the Peace Corps, not to exceed a 
total of $4,000 shall be available for entertainment expenses: 
Provided further, That of the funds made available by this Act 
under the heading ``Trade and Development Agency'', not to 
exceed $2,000 shall be available for representation and 
entertainment allowances.

-----------------------------------------------------------------------
    \19\ Similar language was first enacted as sec. 115 of the Foreign 
Assistance Appropriations Act, 1976. The second through fifth proviso 
clauses were first enacted as sec. 526 of H.R. 4473, as made applicable 
to the Continuing Appropriations Act, 1981. The second proviso, 
regarding general costs of administering the Foreign Military Financing 
Program, has been reworded somewhat; the proviso formerly referred to: 
``the total funds made available by this Act under the headings 
`Military Assistance' and `Foreign Military Credit Sales'''. The last 
proviso clause was first enacted in the Foreign Assistance 
Appropriations Act, 1986.
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                 PROHIBITION ON FINANCING NUCLEAR GOODS

    Sec. 506.\20\ None of the funds appropriated or made 
available (other than funds for ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'') pursuant to this 
Act, for carrying out the Foreign Assistance Act of 1961, may 
be used, except for purposes of nuclear safety, to finance the 
export of nuclear equipment, fuel, or technology.

-----------------------------------------------------------------------
    \20\ Similar language was first enacted as sec. 112 of the Foreign 
Assistance Appropriations Act, 1978. The FY 1994 Act added the clause, 
``except for purposes of nuclear safety,''
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        PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

    Sec. 507.\21\ None of the funds appropriated or otherwise 
made available pursuant to this Act shall be obligated or 
expended to finance directly any assistance or reparations to 
Cuba, Iraq, Libya, North Korea, Iran, Sudan, or Syria: 
Provided, That for purposes of this section, the prohibition on 
obligations or expenditures shall include direct loans, 
credits, insurance and guarantees of the Export-Import Bank or 
its agents.

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    \21\ Similar language was first enacted as sec. 111 of the Foreign 
Assistance Appropriations Act, 1974. The Foreign Operations, Export 
Financing, and Related Programs Act, 1990 (Public Law 101-167; 103 
Stat. 2268), added two provisos, the first of which has been continued 
in subsequent years.
    The following countries have been listed in similar sections in 
recent previous fiscal years:
    Fiscal year 1997--Cuba, Iraq, Libya, North Korea, Iran, Sudan, or 
Syria;
    Fiscal year 1996--Cuba, Iraq, Libya, North Korea, Iran, Serbia, 
Sudan, or Syria;
    Fiscal year 1995--Cuba, Iraq, Libya, North Korea, Iran, Serbia, 
Sudan, or Syria;
    Fiscal year 1994--Cuba, Iraq, Libya, the Socialist Republic of 
Vietnam, Iran, Serbia, Sudan, or Syria;
    Fiscal year 1993--Cuba, Iraq, Libya, the Socialist Republic of 
Vietnam, Iran, or Syria;
    Fiscal year 1992--Cuba, Iraq, Libya, the Socialist Republic of 
Vietnam, Iran, or Syria; and
    Fiscal year 1991--Angola, Cambodia, Cuba, Iraq, Libya, the 
Socialist Republic of Vietnam, Iran, or Syria.
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                             MILITARY COUPS

    Sec. 508.\22\ None of the funds appropriated or otherwise 
made available pursuant to this Act shall be obligated or 
expended to finance directly any assistance to any country 
whose duly elected head of government is deposed by military 
coup or decree: Provided, That assistance may be resumed to 
such country if the President determines and reports to the 
Committees on Appropriations that subsequent to the termination 
of assistance a democratically elected government has taken 
office.

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    \22\ The main clause was first enacted as sec. 513 of the Foreign 
Assistance Appropriations Act, 1986. The proviso first appeared in sec. 
513 of the Foreign Assistance Appropriations Act, 1988.
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                       TRANSFERS BETWEEN ACCOUNTS

    Sec. 509.\23\ None of the funds made available by this Act 
may be obligated under an appropriation account to which they 
were not appropriated, except for transfers specifically 
provided for in this Act, unless the President, prior to the 
exercise of any authority contained in the Foreign Assistance 
Act of 1961 to transfer funds, consults with and provides a 
written policy justification to the Committees on 
Appropriations of the House of Representatives and the Senate: 
Provided, That the exercise of such authority shall be subject 
to the regular notification procedures of the Committees on 
Appropriations.

-----------------------------------------------------------------------
    \23\ Similar language was first enacted as sec. 115 of the Foreign 
Assistance Appropriations Act, 1978. The proviso was added in Fiscal 
Year 1998.
    See also sec. 109 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151g).
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                  DEOBLIGATION/REOBLIGATION AUTHORITY

    Sec. 510.\24\ (a) Amounts certified pursuant to section 
1311 of the Supplemental Appropriations Act, 1955, as having 
been obligated against appropriations heretofore made under the 
authority of the Foreign Assistance Act of 1961 for the same 
general purpose as any of the headings under title II of this 
Act are, if deobligated, hereby continued available for the 
same period as the respective appropriations under such 
headings or until September 30, 1998, whichever is later, and 
for the same general purpose, and for countries within the same 
region as originally obligated: Provided, That the 
Appropriations Committees of both Houses of the Congress are 
notified 15 days in advance of the reobligation of such funds 
in accordance with regular notification procedures of the 
Committees on Appropriations.

-----------------------------------------------------------------------
    \24\ Language similar to that in subsec. (a) was first enacted as 
sec. 403 of the Supplemental Appropriations Act, 1983. Language similar 
to that in subsec. (b), excluding the proviso, was first enacted as 
sec. 515 of the Foreign Assistance Appropriations Act, 1991. The 
proviso in subsec. (b) was added in the FY 1995 Act.
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    (b) Obligated balances of funds appropriated to carry out 
section 23 of the Arms Export Control Act as of the end of the 
fiscal year immediately preceding the current fiscal year are, 
if deobligated, hereby continued available during the current 
fiscal year for the same purpose under any authority applicable 
to such appropriations under this Act: Provided, That the 
authority of this subsection may not be used in fiscal year 
1998.

                         Availability of Funds

    Sec. 511.\25\ No part of any appropriation contained in 
this Act shall remain available for obligation after the 
expiration of the current fiscal year unless expressly so 
provided in this Act: Provided, That funds appropriated for the 
purposes of chapters 1, 8, and 11 of part I, section 667, and 
chapter 4 of part II of the Foreign Assistance Act of 1961, as 
amended, and funds provided under the heading ``Assistance for 
Eastern Europe and the Baltic States'', shall remain available 
until expended if such funds are initially obligated before the 
expiration of their respective periods of availability 
contained in this Act: Provided further, That, notwithstanding 
any other provision of this Act, any funds made available for 
the purposes of chapter 1 of part I and chapter 4 of part II of 
the Foreign Assistance Act of 1961 which are allocated or 
obligated for cash disbursements in order to address balance of 
payments or economic policy reform objectives, shall remain 
available until expended: Provided further, That the report 
required by section 653(a) of the Foreign Assistance Act of 
1961 shall designate for each country, to the extent known at 
the time of submission of such report, those funds allocated 
for cash disbursement for balance of payment and economic 
policy reform purposes.

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    \25\ Similar language first enacted as sec. 403 of the Foreign 
Assistance Appropriations Act, 1967. Reference to funds provided for 
Eastern Europe and the Baltic States was added in sec. 511 of the 
Foreign Assistance Appropriations Act, 1997.
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            LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

    Sec. 512.\26\ No part of any appropriation contained in 
this Act shall be used to furnish assistance to any country 
which is in default during a period in excess of one calendar 
year in payment to the United States of principal or interest 
on any loan made to such country by the United States pursuant 
to a program for which funds are appropriated under this Act: 
Provided, That this section and section 620(q) of the Foreign 
Assistance Act of 1961 shall not apply to funds made available 
in this Act or during the current fiscal year for Nicaragua and 
Liberia, and for any narcotics-related assistance for Colombia, 
Bolivia, and Peru authorized by the Foreign Assistance Act of 
1961 or the Arms Export Control Act.

-----------------------------------------------------------------------
    \26\ Popularly referred to as the Brooke-Alexander Amendment. 
Similar language (not including the proviso) was first enacted as sec. 
506 of the Foreign Assistance Appropriations Act, 1976. Language 
similar to the proviso was first enacted in sec. 518 of the Foreign 
Assistance Appropriations Act, 1990. Colombia, Bolivia, and Peru were 
cited in that section. Reference to Nicaragua was added in the Foreign 
Assistance Appropriations Act, 1991. Liberia was added this year.
-----------------------------------------------------------------------

                           COMMERCE AND TRADE

    Sec. 513.\27\ (a) None of the funds appropriated or made 
available pursuant to this Act for direct assistance and none 
of the funds otherwise made available pursuant to this Act to 
the Export-Import Bank and the Overseas Private Investment 
Corporation shall be obligated or expended to finance any loan, 
any assistance or any other financial commitments for 
establishing or expanding production of any commodity for 
export by any country other than the United States, if the 
commodity is likely to be in surplus on world markets at the 
time the resulting productive capacity is expected to become 
operative and if the assistance will cause substantial injury 
to United States producers of the same, similar, or competing 
commodity: Provided, That such prohibition shall not apply to 
the Export-Import Bank if in the judgment of its Board of 
Directors the benefits to industry and employment in the United 
States are likely to outweigh the injury to United States 
producers of the same, similar, or competing commodity, and the 
Chairman of the Board so notifies the Committees on 
Appropriations.

-----------------------------------------------------------------------
    \27\ Language contained in subsec. (a) was first enacted as sec. 
608 of the Foreign Assistance Appropriations Act, 1979. Language 
contained in subsec. (b) was first enacted in sec. 521 of the Foreign 
Assistance Appropriations Act, 1991. That Act, and Appropriations Acts 
through FY 1995 also included a subsec. (c), relating to the 
development of import-sensitive products that would compete with U.S. 
products.
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    (b) \28\ None of the funds appropriated by this or any 
other Act to carry out chapter 1 of part I of the Foreign 
Assistance Act of 1961 shall be available for any testing or 
breeding feasibility study, variety improvement or 
introduction, consultancy, publication, conference, or training 
in connection with the growth or production in a foreign 
country of an agricultural commodity for export which would 
compete with a similar commodity grown or produced in the 
United States: Provided, That this subsection shall not 
prohibit--

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    \28\ Popularly referred to as the Bumpers amendment.
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          (1) activities designed to increase food security in 
        developing countries where such activities will not 
        have a significant impact in the export of agricultural 
        commodities of the United States; or
          (2) research activities intended primarily to benefit 
        American producers.

                          SURPLUS COMMODITIES

    Sec. 514.\29\ The Secretary of the Treasury shall instruct 
the United States Executive Directors of the International Bank 
for Reconstruction and Development, the International 
Development Association, the International Finance Corporation, 
the Inter-American Development Bank, the International Monetary 
Fund, the Asian Development Bank, the Inter-American Investment 
Corporation, the North American Development Bank, the European 
Bank for Reconstruction and Development, the African 
Development Bank, and the African Development Fund to use the 
voice and vote of the United States to oppose any assistance by 
these institutions, using funds appropriated or made available 
pursuant to this Act, for the production or extraction of any 
commodity or mineral for export, if it is in surplus on world 
markets and if the assistance will cause substantial injury to 
United States producers of the same, similar, or competing 
commodity.

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    \29\ 22 U.S.C. 262h note. Similar language was first enacted as 
sec. 22 of the Export-Import Bank Act Amendments of 1986.
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                       NOTIFICATION REQUIREMENTS

    Sec. 515.\30\ (a) For the purposes of providing the 
executive branch with the necessary administrative flexibility, 
none of the funds made available under this Act for ``Child 
Survival and Disease Programs Fund'', ``Development 
Assistance'', ``International organizations and programs'', 
``Trade and Development Agency'', ``International narcotics 
control'', ``Narcotics Interdiction'', ``Assistance for Eastern 
Europe and the Baltic States'', ``Assistance for the New 
Independent States of the Former Soviet Union'', ``Economic 
Support Fund'', ``Peacekeeping operations'', ``Operating 
expenses of the Agency for International Development'', 
``Operating expenses of the Agency for International 
Development Office of Inspector General'', ``Nonproliferation, 
anti-terrorism, demining and related programs'', ``Foreign 
Military Financing Program'', ``International military 
education and training'', ``Peace Corps'', ``Migration and 
refugee assistance'', shall be available for obligation for 
activities, programs, projects, type of materiel assistance, 
countries, or other operations not justified or in excess of 
the amount justified to the Appropriations Committees for 
obligation under any of these specific headings unless the 
Appropriations Committees of both Houses of Congress are 
previously notified 15 days in advance: Provided, That the 
President shall not enter into any 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, 
not previously justified to Congress or 20 percent in excess of 
the quantities justified to Congress unless the Committees on 
Appropriations are notified 15 days in advance of such 
commitment: Provided further, That this section shall not apply 
to any reprogramming for an activity, program, or project under 
chapter 1 of part I of the Foreign Assistance Act of 1961 of 
less than 10 percent of the amount previously justified to the 
Congress for obligation for such activity, program, or project 
for the current fiscal year: Provided further, That the 
requirements of this section or any similar provision of this 
Act or any other Act, including any prior Act requiring 
notification in accordance with the regular notification 
procedures of the Committees on Appropriations, may be waived 
if failure to do so would pose a substantial risk to human 
health or welfare: Provided further, That in case of any such 
waiver, notification to the Congress, or the appropriate 
congressional committees, shall be provided as early as 
practicable, but in no event later than three days after taking 
the action to which such notification requirement was 
applicable, in the context of the circumstances necessitating 
such waiver: Provided further, That any notification provided 
pursuant to such a waiver shall contain an explanation of the 
emergency circumstances.

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    \30\ Similar language, without the proviso clauses, was enacted as 
sec. 114 of the Foreign Assistance Appropriations Act, 1974.
    Subsec. (b) was first enacted as sec. 551(c) of the Foreign 
Assistance Appropriations Act, 1990.
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    (b) Drawdowns made pursuant to section 506(a)(2) of the 
Foreign Assistance Act of 1961 shall be subject to the regular 
notification procedures of the Committees on Appropriations.

limitation on availability of funds for international organizations and 
                                programs

    Sec. 516.\31\ Notwithstanding any other provision of law or 
of this Act, none of the funds provided for ``International 
Organizations and Programs'' shall be available for the United 
States proportionate share, in accordance with section 307(c) 
of the Foreign Assistance Act of 1961, for any programs 
identified in section 307, or for Libya, Iran, or, at the 
discretion of the President, Communist countries listed in 
section 620(f) of the Foreign Assistance Act of 1961, as 
amended: Provided, That, subject to the regular notification 
procedures of the Committees on Appropriations, funds 
appropriated under this Act or any previously enacted Act 
making appropriations for foreign operations, export financing, 
and related programs, which are returned or not made available 
for organizations and programs because of the implementation of 
this section or any similar provision of law, shall remain 
available for obligation through September 30, 1999.

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    \31\ Similar language, not including the proviso clauses, was first 
enacted as sec. 154 of the Further Continuing Appropriations Act, 1983. 
The first enactment referred to the Palestine Liberation Organization 
(PLO), the Southwest Africa Peoples Organization (SWAPO), and Cuba. 
References to Libya and Iran were added by the Foreign Assistance 
Appropriations Act, 1985. Language regarding Communist countries was 
added by the Foreign Assistance Appropriations Act, 1986. Reference to 
SWAPO was omitted beginning with the Fiscal Year 1991 Act. Language 
regarding the Palestine Liberation Organization or entities associated 
with it was deleted in Fiscal Year 1995.
    Appropriations Acts for FYs 1990 through 1995 included a subsec. 
(b), which prohibited U.S. voluntary or assessed contributions to U.N. 
affiliates that grant ``full membership as a state to any organization 
or group that does not have the internationally recognized attributes 
of statehood'' or to the United Nations if that organization similarly 
granted such recognition.
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              economic support fund assistance for israel

    Sec. 517.\32\ The Congress finds that progress on the peace 
process in the Middle East is vitally important to United 
States security interests in the region. The Congress 
recognizes that, in fulfilling its obligations under the Treaty 
of Peace Between the Arab Republic of Egypt and the State of 
Israel, done at Washington on March 26, 1979, Israel incurred 
severe economic burdens. Furthermore, the Congress recognizes 
that an economically and militarily secure Israel serves the 
security interests of the United States, for a secure Israel is 
an Israel which has the incentive and confidence to continue 
pursuing the peace process. Therefore, the Congress declares 
that, subject to the availability of appropriations, it is the 
policy and the intention of the United States that the funds 
provided in annual appropriations for the Economic Support Fund 
which are allocated to Israel shall not be less than the annual 
debt repayment (interest and principal) from Israel to the 
United States Government in recognition that such a principle 
serves United States interests in the region.

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    \32\ Similar language was enacted as sec. 534 of the Foreign 
Assistance Appropriations Act, 1985.
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   prohibition on funding for abortions and involuntary sterilization

    Sec. 518.\33\ None of the funds made available to carry out 
part I of the Foreign Assistance Act of 1961, as amended, may 
be used to pay for the performance of abortions as a method of 
family planning or to motivate or coerce any person to practice 
abortions. None of the funds made available to carry out part I 
of the Foreign Assistance Act of 1961, as amended, may be used 
to pay for the performance of involuntary sterilization as a 
method of family planning or to coerce or provide any financial 
incentive to any person to undergo sterilizations. None of the 
funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be used to pay for any 
biomedical research which relates in whole or in part, to 
methods of, or the performance of, abortions or involuntary 
sterilization as a means of family planning. None of the funds 
made available to carry out part I of the Foreign Assistance 
Act of 1961, as amended, may be obligated or expended for any 
country or organization if the President certifies that the use 
of these funds by any such country or organization would 
violate any of the above provisions related to abortions and 
involuntary sterilizations: Provided, That none of the funds 
made available under this Act may be used to lobby for or 
against abortion.

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    \33\ Similar language, excluding the proviso, was first enacted as 
sec. 541 of the Foreign Assistance Appropriations Act, 1986. See also 
sec. 104(f) of the Foreign Assistance Act of 1961.
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                         reporting requirement

    Sec. 519.\34\ Section 25 of the Arms Export Control Act is 
amended--

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    \34\ Sec. 25 of the Arms Export Control Act is at 22 U.S.C. 2765. 
Foreign Assistance Appropriations Acts, fiscal years 1993 through 1997, 
included a section requiring that: ``The President shall submit to the 
Committees on Appropriations the reports required by section 25(a)(1) 
of the Arms Export Control Act.''.
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          (1) in subsection (a), by striking ``Congress'' and 
        inserting in lieu thereof ``appropriate congressional 
        committees'';
          (2) in subsection (b), by striking ``the Committee on 
        Foreign Relations of the Senate or the Committee on 
        Foreign Affairs of the House of Representatives'' and 
        inserting in lieu thereof ``any of the congressional 
        committees described in subsection (e)''; and
          (3) by adding the following subsection:
    ``(e) As used in this section, 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.''.

                   SPECIAL NOTIFICATION REQUIREMENTS

    Sec. 520.\35\ None of the funds appropriated in this Act 
shall be obligated or expended for Colombia, Haiti, Liberia, 
Pakistan, Panama, Peru, Serbia, Sudan, or the Democratic 
Republic of Congo except as provided through the regular 
notification procedures of the Committees on Appropriations.

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    \35\ The following countries have been listed in similar sections 
in recent previous fiscal years:
    Fiscal year 1997--Colombia, Guatemala (except development 
assistance for Guatemala), Dominican Republic, Haiti, Liberia, 
Pakistan, Peru, Serbia, Sudan, or Zaire;
    Fiscal year 1996--Colombia, Dominican Republic, Guatemala, Haiti, 
Liberia, Nicaragua (with exception), Pakistan, Peru, Russia, Sudan, or 
Zaire;
    Fiscal year 1995--Colombia, Dominican Republic, El Salvador (with 
exception), Guatemala, Haiti, Indonesia, Liberia, Nicaragua (with 
exception), Pakistan, Peru, Rwanda, Sudan, or Zaire;
    Fiscal year 1994--Afghanistan, Cambodia, Colombia, El Salvador 
(with exception), Guatemala, Haiti, Indonesia, Jordan, Liberia, Malawi, 
Nicaragua (with exception), Peru, Sudan, Togo, or Zaire;
    Fiscal year 1993--Sudan, Liberia, Lebanon, Zaire, Yemen, Haiti, 
Ivory Coast, Guatemala, Malawi, Peru, Uganda, Cambodia, Indonesia, or 
Somalia;
    Fiscal year 1992--Sudan, Liberia, Lebanon, Zaire, Chile, Yemen, 
Haiti, Guatemala, or Somalia; and
    Fiscal year 1991--Sudan, Liberia, Lebanon, Zaire, Chile, Yemen, 
Haiti, Guatemala, or Somalia.
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              DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

    Sec. 521.\36\ For the purpose of this Act, ``program, 
project, and activity'' shall be defined at the appropriations 
Act account level and shall include all appropriations and 
authorizations Acts earmarks, ceilings, and limitations with 
the exception that for the following accounts: Economic Support 
Fund and Foreign Military Financing Program, ``program, 
project, and activity'' shall also be considered to include 
country, regional, and central program level funding within 
each such account; for the development assistance accounts of 
the Agency for International Development ``program, project, 
and activity'' shall also be considered to include central 
program level funding, either as: (1) justified to the 
Congress; or (2) allocated by the executive branch in 
accordance with a report, to be provided to the Committees on 
Appropriations within 30 days of enactment of this Act, as 
required by section 653(a) of the Foreign Assistance Act of 
1961.

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    \36\ Similar language was first enacted as sec. 550 of the Foreign 
Assistance Appropriations Act, 1987.
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               child survival, aids, and other activities

    Sec. 522.\37\ Up to $10,000,000 of the funds made available 
by this Act for assistance for family planning, health, child 
survival, basic education, and AIDS, may be used to reimburse 
United States Government agencies, agencies of State 
governments, institutions of higher learning, and private and 
voluntary organizations for the full cost of individuals 
(including for the personal services of such individuals) 
detailed or assigned to, or contracted by, as the case may be, 
the Agency for International Development for the purpose of 
carrying out family planning activities, child survival, and 
basic education activities, and activities relating to research 
on, and the treatment and control of acquired immune deficiency 
syndrome in developing countries: Provided, That funds 
appropriated by this Act that are made available for child 
survival activities or activities relating to research on, and 
the treatment and control of, acquired immune deficiency 
syndrome may be made available notwithstanding any provision of 
law that restricts assistance to foreign countries: Provided 
further, That funds appropriated by this Act that are made 
available for family planning activities may be made available 
notwithstanding section 512 of this Act and section 620(q) of 
the Foreign Assistance Act of 1961.

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    \37\ Similar language was first enacted as sec. 551 of the Foreign 
Assistance Appropriations Act, 1987. References to activities relating 
to control and treatment of Acquired Immune Deficiency Syndrome (AIDS) 
in developing countries first appeared in sec. 545 of the Foreign 
Assistance Appropriations Act; the proviso regarding AIDS was added in 
sec. 542 of the Foreign Assistance Appropriations Act, 1993. An earlier 
proviso, relating to AID personnel policy, was included in the section 
from FY1989 through FY 1995.
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       PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES

    Sec. 523.\38\ None of the funds appropriated or otherwise 
made available pursuant to this Act shall be obligated to 
finance indirectly any assistance or reparations to Cuba, Iraq, 
Libya, Iran, Syria, North Korea, or the People's Republic of 
China, unless the President of the United States certifies that 
the withholding of these funds is contrary to the national 
interest of the United States.

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    \38\ On January 28, 1998, the President certified that 
``withholding from international financial institutions and other 
international organizations and programs funds appropriated or 
otherwise made available pursuant to [this] Act is contrary to the 
national interest of the United States.'' (Presidential Determination 
No. 98-12; 63 F.R. 6469).
    The following countries have been listed in similar sections in 
recent previous fiscal years:
    Fiscal year 1997--Cuba, Iraq, Libya, Iran, Syria, North Korea, or 
the People's Republic of China;
    Fiscal year 1996--Cuba, Iraq, Libya, Iran, Syria, North Korea, or 
the People's Republic of China;
    Fiscal year 1995--Cuba, Iraq, Libya, Iran, Syria, North Korea, or 
the People's Republic of China;
    Fiscal year 1994--Cuba, Iraq, Libya, the Socialist Republic of 
Vietnam, Iran, Syria, North Korea, People's Republic of China, or Laos;
    Fiscal year 1993--Cuba, Iraq, Libya, the Socialist Republic of 
Vietnam, Iran, Syria, North Korea, People's Republic of China, Laos, 
Jordan, or Yemen;
    Fiscal year 1992--Angola, Cambodia, Cuba, Iraq, Libya, the 
Socialist Republic of Vietnam, Iran, or Syria; and
    Fiscal year 1991--Angola, Cambodia, Cuba, Iraq, Libya, the 
Socialist Republic of Vietnam, Iran, or Syria.
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                           RECIPROCAL LEASING

    Sec. 524. Section 61(a) of the Arms Export Control Act \39\ 
is amended by striking out ``1997'' and inserting in lieu 
thereof ``1998''.

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    \39\ 22 U.S.C. 2796.
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                NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

    Sec. 525.\40\ Prior to providing excess Department of 
Defense articles in accordance with section 516(a) of the 
Foreign Assistance Act of 1961, the Department of Defense shall 
notify the Committees on Appropriations to the same extent and 
under the same conditions as are other committees pursuant to 
subsection (c) of that section: Provided, That before issuing a 
letter of offer to sell excess defense articles under the Arms 
Export Control Act, the Department of Defense shall notify the 
Committees on Appropriations in accordance with the regular 
notification procedures of such Committees: Provided further, 
That such Committees shall also be informed of the original 
acquisition cost of such defense articles.

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    \40\ Similar language, excluding the first proviso, was first 
enacted as sec. 559 of the Foreign Assistance Appropriations Act, 1988. 
The first proviso was added by sec. 548 of the Foreign Assistance 
Appropriations Act, 1991.
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                       AUTHORIZATION REQUIREMENT

    Sec. 526. Funds appropriated by this Act may be obligated 
and expended notwithstanding section 10 of Public Law 91-672 
and section 15 of the State Department Basic Authorities Act of 
1956.

       PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

    Sec. 527.\41\ (a) Notwithstanding any other provision of 
law, funds appropriated for bilateral assistance under any 
heading of this Act and funds appropriated under any such 
heading in a provision of law enacted prior to enactment of 
this Act, shall not be made available to any country which the 
President determines--

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    \41\ Sec. 576 of the Foreign Assistance Appropriations Act, 1988, 
first enacted a ``Prohibition on Bilateral Assistance to Terrorist 
Countries''. Sec. 564 of the Foreign Assistance Appropriations Act, 
1990, substantially reworded this prohibition, providing the criteria 
for restriction, and the requirement for Presidential determination and 
waiver.
    See also sec. 620A of the Foreign Assistance Act of 1961, sec. 40 
of the Arms Export Control Act (this volume), and sec. 6(j) of the 
Export Administration Act (volume III).
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          (1) grants sanctuary from prosecution to any 
        individual or group which has committed an act of 
        international terrorism; or
          (2) otherwise supports international terrorism.
    (b) The President may waive the application of subsection 
(a) to a country if the President determines that national 
security or humanitarian reasons justify such waiver. The 
President shall publish each waiver in the Federal Register 
and, at least 15 days before the waiver takes effect, shall 
notify the Committees on Appropriations of the waiver 
(including the justification for the waiver) in accordance with 
the regular notification procedures of the Committees on 
Appropriations.

                 COMMERCIAL LEASING OF DEFENSE ARTICLES

    Sec. 528.\42\ Notwithstanding any other provision of law, 
and subject to the regular notification procedures of the 
Committees on Appropriations, the authority of section 23(a) of 
the Arms Export Control Act may be used to provide financing to 
Israel, Egypt and NATO and major non-NATO allies for the 
procurement by leasing (including leasing with an option to 
purchase) of defense articles from United States commercial 
suppliers, not including Major Defense Equipment (other than 
helicopters and other types of aircraft having possible 
civilian application), if the President determines that there 
are compelling foreign policy or national security reasons for 
those defense articles being provided by commercial lease 
rather than by government-to-government sale under such Act.

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    \42\ 22 U.S.C. 2763 note. Similar language first enacted as sec. 
580 of the Foreign Assistance Appropriations Act, 1989.
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                         COMPETITIVE INSURANCE

    Sec. 529.\43\ All Agency for International Development 
contracts and solicitations, and subcontracts entered into 
under such contracts, shall include a clause requiring that 
United States insurance companies have a fair opportunity to 
bid for insurance when such insurance is necessary or 
appropriate.

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    \43\ First enacted as sec. 584 of the Foreign Assistance 
Appropriations Act, 1989.
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                  STINGERS IN THE PERSIAN GULF REGION

    Sec. 530.\44\ Except as provided in section 581 of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990, the United States may not sell or 
otherwise make available any Stingers to any country bordering 
the Persian Gulf under the Arms Export Control Act or chapter 2 
of part II of the Foreign Assistance Act of 1961.

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    \44\ Similar language was first enacted as sec. 573 of the Foreign 
Assistance Appropriations Act, 1988.
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                          DEBT-FOR-DEVELOPMENT

    Sec. 531.\45\ In order to enhance the continued 
participation of nongovernmental organizations in economic 
assistance activities under the Foreign Assistance Act of 1961, 
including endowments, debt-for-development and debt-for-nature 
exchanges, a nongovernmental organization which is a grantee or 
contractor of the Agency for International Development may 
place in interest bearing accounts funds made available under 
this Act or prior Acts or local currencies which accrue to that 
organization as a result of economic assistance provided under 
title II of this Act and any interest earned on such investment 
shall be used for the purpose for which the assistance was 
provided to that organization.

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    \45\ Similar language was first enacted as sec. 584 of the Foreign 
Assistance Appropriations Act, 1990.
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                           SEPARATE ACCOUNTS

    Sec. 532.\46\ (a) Separate Accounts for Local Currencies.--
(1) If assistance is furnished to the government of a foreign 
country under chapter 1 and 10 of part I or chapter 4 of part 
II of the Foreign Assistance Act of 1961 under agreements which 
result in the generation of local currencies of that country, 
the Administrator of the Agency for International Development 
shall--

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    \46\ 22 U.S.C. 2359 note. Similar language was first contained in 
sec. 592 of the Foreign Assistance Appropriations Act, 1990.
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          (A) require that local currencies be deposited in a 
        separate account established by that government;
          (B) enter into an agreement with that government 
        which sets forth--
                  (i) the amount of the local currencies to be 
                generated; and
                  (ii) the terms and conditions under which the 
                currencies so deposited may be utilized, 
                consistent with this section; and
          (C) establish by agreement with that government the 
        responsibilities of the Agency for International 
        Development and that government to monitor and account 
        for deposits into and disbursements from the separate 
        account.
    (2) Uses of Local Currencies.--As may be agreed upon with 
the foreign government, local currencies deposited in a 
separate account pursuant to subsection (a), or an equivalent 
amount of local currencies, shall be used only--
          (A) to carry out chapter 1 or 10 of part I or chapter 
        4 of part II (as the case may be), for such purposes 
        as--
                  (i) project and sector assistance activities; 
                or
                  (ii) debt and deficit financing; or
          (B) for the administrative requirements of the United 
        States Government.
    (3) Programming Accountability.--The Agency for 
International Development shall take all necessary steps to 
ensure that the equivalent of the local currencies disbursed 
pursuant to subsection (a)(2)(A) from the separate account 
established pursuant to subsection (a)(1) are used for the 
purposes agreed upon pursuant to subsection (a)(2).
    (4) Termination of Assistance Programs.--Upon termination 
of assistance to a country under chapter 1 or 10 of part I or 
chapter 4 of part II (as the case may be), any unencumbered 
balances of funds which remain in a separate account 
established pursuant to subsection (a) shall be disposed of for 
such purposes as may be agreed to by the government of that 
country and the United States Government.
    (5) Conforming Amendments.--The provisions of this 
subsection shall supersede the tenth and eleventh provisos 
contained under the heading ``Sub-Saharan Africa, Development 
Assistance'' as included in the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1989 and 
sections 531(d) and 609 of the Foreign Assistance Act of 
1961.\47\

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    \47\ 102 Stat. 2268-7; 22 U.S.C. 2346; and 22 U.S.C. 2359, 
respectively.
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    (6) Reporting Requirement.--The Administrator of the Agency 
for International Development shall report on an annual basis 
as part of the justification documents submitted to the 
Committees on Appropriations on the use of local currencies for 
the administrative requirements of the United States Government 
as authorized in subsection (a)(2)(B), and such report shall 
include the amount of local currency (and United States dollar 
equivalent) used and/or to be used for such purpose in each 
applicable country.
    (b) Separate Accounts for Cash Transfers.--(1) If 
assistance is made available to the government of a foreign 
country, under chapter 1 or 10 of part I or chapter 4 of part 
II of the Foreign Assistance Act of 1961, as cash transfer 
assistance or as nonproject sector assistance, that country 
shall be required to maintain such funds in a separate account 
and not commingle them with any other funds.
    (2) Applicability of Other Provisions of Law.--Such funds 
may be obligated and expended notwithstanding provisions of law 
which are inconsistent with the nature of this assistance 
including provisions which are referenced in the Joint 
Explanatory Statement of the Committee of Conference 
accompanying House Joint Resolution 648 (H. Report No. 98-
1159).\48\

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    \48\ Provisions referred to in the Joint Explanatory Statement of 
the Committee of Conference accompanying House Joint Resolution 648 (H. 
Report No. 98-1159) include: sec. 604 of the Foreign Assistance Act of 
1961, as amended; section 901(b)(1) of the Merchant Marine Act of 1936, 
as amended; section 5 of the International Air Transportation Fair 
Competitive Practice Act of 1974; section 644 of the Small Business 
Act; section 2711 of the Competition in Contracting Act of 1984; and 
the provisions of the Federal Property and Administrative Services Act 
of 1949, as amended.
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    (3) Notification.--At least 15 days prior to obligating any 
such cash transfer or nonproject sector assistance, the 
President shall submit a notification through the regular 
notification procedures of the Committees on Appropriations, 
which shall include a detailed description of how the funds 
proposed to be made available will be used, with a discussion 
of the United States interests that will be served by the 
assistance (including, as appropriate, a description of the 
economic policy reforms that will be promoted by such 
assistance).
    (4) Exemption.--Nonproject sector assistance funds may be 
exempt from the requirements of subsection (b)(1) only through 
the notification procedures of the Committees on 
Appropriations.

  COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL 
                         FINANCIAL INSTITUTIONS

    Sec. 533.\49\ (a) No funds appropriated by this Act may be 
made as payment to any international financial institution 
while the United States Executive Director to such institution 
is compensated by the institution at a rate which, together 
with whatever compensation such Director receives from the 
United States, is in excess of the rate provided for an 
individual occupying a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, or 
while any alternate United States Director to such institution 
is compensated by the institution at a rate in excess of the 
rate provided for an individual occupying a position at level V 
of the Executive Schedule under section 5316 of title 5, United 
States Code.

-----------------------------------------------------------------------
    \49\ Similar language was first enacted as sec. 578 of the Foreign 
Assistance Appropriations Act, 1991. Reference to the North American 
Development Bank was added in the Foreign Assistance Appropriations 
Act, 1996.
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    (b) For purposes of this section, ``international financial 
institutions'' are: the International Bank for Reconstruction 
and Development, the Inter-American Development Bank, the Asian 
Development Bank, the Asian Development Fund, the African 
Development Bank, the African Development Fund, the 
International Monetary Fund, the North American Development 
Bank, and the European Bank for Reconstruction and Development.

         compliance with united nations sanctions against iraq

    Sec. 534.\50\ None of the funds appropriated or otherwise 
made available pursuant to this Act to carry out the Foreign 
Assistance Act of 1961 (including title IV of chapter 2 of part 
I, relating to the Overseas Private Investment Corporation) or 
the Arms Export Control Act may be used to provide assistance 
to any country that is not in compliance with the United 
Nations Security Council sanctions against Iraq unless the 
President determines and so certifies to the Congress that--

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    \50\ 50 U.S.C. 1701 note. Language similar to that in this section 
was first enacted as sec. 586D(a) of the Foreign Assistance 
Appropriations Act, 1991 (part of the Iraq Sanctions Act of 1990--secs. 
586-586J of the Foreign Assistance Appropriations Act, 1991). The 
section, as it was continued in annual foreign assistance 
appropriations acts, was expanded to include Serbia and Montenegro 
during fiscal years 1995 through 1997.
    Sec. 586D(b) of the Foreign Assistance Appropriations Act, 1991, 
and subsequent foreign assistance appropriations acts through fiscal 
year 1997, authorized the President to prohibit importation into the 
United States of any or all products of any foreign country that had 
not prohibited exports to or imports from Iraq. Serbia and Montenegro 
were added to this language for fiscal years 1995 through 1997.
    For text of sec. 586D of the 1991 Act, see Legislation on Foreign 
Relations Through 1997, vol. I--B.
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          (1) such assistance is in the national interest of 
        the United States;
          (2) such assistance will directly benefit the needy 
        people in that country; or
          (3) the assistance to be provided will be 
        humanitarian assistance for foreign nationals who have 
        fled Iraq and Kuwait.

           competitive pricing for sales of defense articles

    Sec. 535.\51\ Direct costs associated with meeting a 
foreign customer's additional or unique requirements will 
continue to be allowable under contracts under section 22(d) of 
the Arms Export Control Act. Loadings applicable to such direct 
costs shall be permitted at the same rates applicable to 
procurement of like items purchased by the Department of 
Defense for its own use.

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    \51\ 22 U.S.C. 2762 note. First enacted as sec. 531A(c) of the 
Foreign Assistance Appropriations Act, 1996.
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 EXTENSION OF AUTHORITY TO OBLIGATE FUNDS TO CLOSE THE SPECIAL DEFENSE 
                            ACQUISITION FUND

    Sec. 536. Title III of Public Law 103-306 is amended under 
the heading ``Special Defense Acquisition Fund'' by striking 
``1998'' and inserting ``2000''.\52\

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    \52\ For text, see page xxx.
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AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMERICAN FOUNDATION AND THE 
                     AFRICAN DEVELOPMENT FOUNDATION

    Sec. 537.\53\ Unless expressly provided to the contrary, 
provisions of this or any other Act, including provisions 
contained in prior Acts authorizing or making appropriations 
for foreign operations, export financing, and related programs, 
shall not be construed to prohibit activities authorized by or 
conducted under the Peace Corps Act, the Inter-American 
Foundation Act, or the African Development Foundation Act. The 
appropriate agency shall promptly report to the Committees on 
Appropriations whenever it is conducting activities or is 
proposing to conduct activities in a country for which 
assistance is prohibited.

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    \53\ First enacted as sec. 589 of the Foreign Assistance 
Appropriations Act, 1993.
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                  IMPACT ON JOBS IN THE UNITED STATES

    Sec. 538.\54\ None of the funds appropriated by this Act 
may be obligated or expended to provide--

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    \54\ Similar language was first enacted, except the proviso in 
para. (1), as sec. 599 of the Foreign Assistance Appropriations Act, 
1993. That proviso was added by sec. 547 of the Foreign Assistance 
Appropriations Act, 1994.
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          (1) any financial incentive to a business enterprise 
        currently located in the United States for the purpose 
        of inducing such an enterprise to relocate outside the 
        United States if such incentive or inducement is likely 
        to reduce the number of employees of such business 
        enterprise in the United States because United States 
        production is being replaced by such enterprise outside 
        the United States;
          (2) assistance for the purpose of establishing or 
        developing in a foreign country any export processing 
        zone or designated area in which the tax, tariff, 
        labor, environment, and safety laws of that country do 
        not apply, in part or in whole, to activities carried 
        out within that zone or area, unless the President 
        determines and certifies that such assistance is not 
        likely to cause a loss of jobs within the United 
        States; or
          (3) assistance for any project or activity that 
        contributes to the violation of internationally 
        recognized workers rights, as defined in section 
        502(a)(4) of the Trade Act of 1974, of workers in the 
        recipient country, including any designated zone or 
        area in that country: Provided, That in recognition 
        that the application of this subsection should be 
        commensurate with the level of development of the 
        recipient country and sector, the provisions of this 
        subsection shall not preclude assistance for the 
        informal sector in such country, micro and small-scale 
        enterprise, and smallholder agriculture.

                          special authorities

    Sec. 539.\55\ (a) Funds appropriated in title II of this 
Act that are made available for Afghanistan, Lebanon, and for 
victims of war, displaced children, displaced Burmese, 
humanitarian assistance for Romania, and humanitarian 
assistance for the peoples of Bosnia and Herzegovina, Croatia, 
and Kosova, may be made available notwithstanding any other 
provision of law.

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    \55\ Language similar to that in subsecs. (a) and (b) was first 
enacted as sec. 549 of the Foreign Assistance Appropriations Act, 1994. 
Provisos in subsec. (a) have been added and omitted since the section's 
introduction. Subsec. (c) was added as subsec. (d) in fiscal year 1995. 
New subsec. (d) was added this year.
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    (b) Funds appropriated by this Act to carry out the 
provisions of sections 103 through 106 of the Foreign 
Assistance Act of 1961 may be used, notwithstanding any other 
provision of law, for the purpose of supporting tropical 
forestry and energy programs aimed at reducing emissions of 
greenhouse gases, and for the purpose of supporting 
biodiversity conservation activities: Provided, That such 
assistance shall be subject to sections 116, 502B, and 620A of 
the Foreign Assistance Act of 1961.
    (c) The Agency for International Development may employ 
personal services contractors, notwithstanding any other 
provision of law, for the purpose of administering programs for 
the West Bank and Gaza.
    (d) \56\ (1) Waiver.--The President may waive the 
provisions of section 1003 of Public Law 100-204 if the 
President determines and certifies in writing to the Speaker of 
the House of Representatives and the President pro tempore of 
the Senate that it is important to the national security 
interests of the United States.

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    \56\ In a memorandum of December 5, 1997, for the Secretary of 
State, the President ``determine[d] and certif[ied] that it is 
important to the national security interests of the United States to 
waive the provisions of section 1003 of the Anti-Terrorism Act of 1987, 
Public Law 100-204, through June 4, 1998.'' (Presidential Determination 
No. 98-8; 62 F.R. 66255).
    Sec. 3 of the Middle East Peace Facilitation Act of 1993, as 
amended (Public Law 103-125; 107 Stat. 1309), authorized the President 
to suspend certain provisions of law as they applied to the P.L.O. or 
entities associated with it if certain conditions were met and the 
President so certified and consulted with relevant congressional 
committees. This authority was continued in the Middle East Peace 
Facilitation Act of 1994 (part E of Public Law 103-236) and the Middle 
East Peace Facilitation Act of 1995 (title VI of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1996; Public Law 104-107).
    New authority to waive certain provisions was continued in general 
provisions of this Act; see also secs. 552, 555, and 566.
    The President issued such a certification in Presidential 
Determination No. 94-13 of January 14, 1994 (59 F.R. 4777), which was 
extended until January 1, 1995, by Presidential Determination No. 94-30 
of June 30, 1994 (59 F.R. 35607); until July 1, 1995, by Presidential 
Determination No. 95-12 of December 31, 1994 (60 F.R. 2673); until 
August 15, 1995, by Presidential Determination No. 95-31 of July 2, 
1995 (60 F.R. 35827); until October 1, 1995, by Presidential 
Determination No. 95-36 of August 14, 1995 (60 F.R. 44725); until 
November 1, 1995, by Presidential Determination No. 95-50 of September 
30, 1995 (60 F.R. 53093); until December 31, 1995, by Presidential 
Determination No. 96-5 of November 13, 1995 (60 F.R. 57821); until 
March 31, 1996, by Presidential Determination No. 96-8 of January 4, 
1996 (61 F.R. 2889); until June 15, 1996, by Presidential Determination 
No. 96-20 of April 1, 1996 (61 F.R. 26019); until August 12, 1996, by 
Presidential Determination No. 96-32 of June 14, 1996 (61 F.R. 32629); 
until February 12, 1997, by Presidential Determination No. 96-41 of 
August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by 
Presidential Determination No. 97-17 of February 21, 1997 (62 F.R. 
9903).
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    (2) Period of Application of Waiver.--Any waiver pursuant 
to paragraph (1) shall be effective for no more than a period 
of six months at a time and shall not apply beyond twelve 
months after enactment of this Act.

        policy on terminating the arab league boycott of israel

    Sec. 540.\57\ It is the sense of the Congress that--

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    \57\ Language similar to that in paras. (1) and (4) was first 
enacted as sec. 598(b) of the Foreign Assistance Appropriations Act, 
1993. Paras. (2) and (3) were added this year, as well as the phrase, 
``and to expand the process of normalizing ties between Arab League 
countries and Israel'' in para. (4)(C).
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          (1) the Arab League countries should immediately and 
        publicly renounce the primary boycott of Israel and the 
        secondary and tertiary boycott of American firms that 
        have commercial ties with Israel;
          (2) the decision by the Arab League in 1997 to 
        reinstate the boycott against Israel was deeply 
        troubling and disappointing;
          (3) the Arab League should immediately rescind its 
        decision on the boycott and its members should develop 
        normal relations with their neighbor Israel; and
          (4) the President should--
                  (A) take more concrete steps to encourage 
                vigorously Arab League countries to renounce 
                publicly the primary boycotts of Israel and the 
                secondary and tertiary boycotts of American 
                firms that have commercial relations with 
                Israel as a confidence-building measure;
                  (B) take into consideration the participation 
                of any recipient country in the primary boycott 
                of Israel and the secondary and tertiary 
                boycotts of American firms that have commercial 
                relations with Israel when determining whether 
                to sell weapons to said country;
                  (C) report to Congress on the specific steps 
                being taken by the President to bring about a 
                public renunciation of the Arab primary boycott 
                of Israel and the secondary and tertiary 
                boycotts of American firms that have commercial 
                relations with Israel and to expand the process 
                of normalizing ties between Arab League 
                countries and Israel; and
                  (D) encourage the allies and trading partners 
                of the United States to enact laws prohibiting 
                businesses from complying with the boycott and 
                penalizing businesses that do comply.

                       anti-narcotics activities

    Sec. 541. (a) Of the funds appropriated or otherwise made 
available by this Act for ``Economic Support Fund'', assistance 
may be provided to strengthen the administration of justice in 
countries in Latin America and the Caribbean and in other 
regions consistent with the provisions of section 534(b) of the 
Foreign Assistance Act of 1961, except that programs to enhance 
protection of participants in judicial cases may be conducted 
notwithstanding section 660 of that Act.
    (b) Funds made available pursuant to this section may be 
made available notwithstanding section 534(c) and the second 
and third sentences of section 534(e) of the Foreign Assistance 
Act of 1961. Funds made available pursuant to subsection (a) 
for Bolivia, Colombia, and Peru may be made available 
notwithstanding section 534(c) and the second sentence of 
section 534(e) of the Foreign Assistance Act of 1961.

                       eligibility for assistance

    Sec. 542.\58\ (a) Assistance Through Nongovernmental 
Organizations.--Restrictions contained in this or any other Act 
with respect to assistance for a country shall not be construed 
to restrict assistance in support of programs of 
nongovernmental organizations from funds appropriated by this 
Act to carry out the provisions of chapters 1, 10, and 11 of 
part I, and chapter 4 of part II, of the Foreign Assistance Act 
of 1961: Provided, That the President shall take into 
consideration, in any case in which a restriction on assistance 
would be applicable but for this subsection, whether assistance 
in support of programs of nongovernmental organizations is in 
the national interest of the United States: Provided further, 
That before using the authority of this subsection to furnish 
assistance in support of programs of nongovernmental 
organizations, the President shall notify the Committees on 
Appropriations under the regular notification procedures of 
those committees, including a description of the program to be 
assisted, the assistance to be provided, and the reasons for 
furnishing such assistance: Provided further, That nothing in 
this subsection shall be construed to alter any existing 
statutory prohibitions against abortion or involuntary 
sterilizations contained in this or any other Act.

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    \58\ Similar language was first enacted in sec. 562 of the Foreign 
Assistance Appropriations Act, 1993.
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    (b) Public Law 480.--During fiscal year 1998, restrictions 
contained in this or any other Act with respect to assistance 
for a country shall not be construed to restrict assistance 
under the Agricultural Trade Development and Assistance Act of 
1954: Provided, That none of the funds appropriated to carry 
out title I of such Act and made available pursuant to this 
subsection may be obligated or expended except as provided 
through the regular notification procedures of the Committees 
on Appropriations.
    (c) Exception.--This section shall not apply--
          (1) with respect to section 620A of the Foreign 
        Assistance Act or any comparable provision of law 
        prohibiting assistance to countries that support 
        international terrorism; or
          (2) with respect to section 116 of the Foreign 
        Assistance Act of 1961 or any comparable provision of 
        law prohibiting assistance to countries that violate 
        internationally recognized human rights.

                                earmarks

    Sec. 543.\59\ (a) Funds appropriated by this Act which are 
earmarked may be reprogrammed for other programs within the 
same account notwithstanding the earmark if compliance with the 
earmark is made impossible by operation of any provision of 
this or any other Act or, with respect to a country with which 
the United States has an agreement providing the United States 
with base rights or base access in that country, if the 
President determines that the recipient for which funds are 
earmarked has significantly reduced its military or economic 
cooperation with the United States since enactment of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1991; however, before exercising the 
authority of this subsection with regard to a base rights or 
base access country which has significantly reduced its 
military or economic cooperation with the United States, the 
President shall consult with, and shall provide a written 
policy justification to the Committees on Appropriations: 
Provided, That any such reprogramming shall be subject to the 
regular notification procedures of the Committees on 
Appropriations: Provided further, That assistance that is 
reprogrammed pursuant to this subsection shall be made 
available under the same terms and conditions as originally 
provided.

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    \59\ Subsec. (b) was added in the Foreign Assistance Appropriations 
Act, 1993.
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    (b) In addition to the authority contained in subsection 
(a), the original period of availability of funds appropriated 
by this Act and administered by the Agency for International 
Development that are earmarked for particular programs or 
activities by this or any other Act shall be extended for an 
additional fiscal year if the Administrator of such agency 
determines and reports promptly to the Committees on 
Appropriations that the termination of assistance to a country 
or a significant change in circumstances makes it unlikely that 
such earmarked funds can be obligated during the original 
period of availability: Provided, That such earmarked funds 
that are continued available for an additional fiscal year 
shall be obligated only for the purpose of such earmark.

                         ceilings and earmarks

    Sec. 544.\60\ Ceilings and earmarks contained in this Act 
shall not be applicable to funds or authorities appropriated or 
otherwise made available by any subsequent Act unless such Act 
specifically so directs.

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    \60\ First enacted as sec. 538 of the Foreign Assistance 
Appropriations Act, 1985.
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                 prohibition on publicity or propaganda
    Sec. 545.\61\ No part of any appropriation contained in 
this Act shall be used for publicity or propaganda purposes 
within the United States not authorized before the date of 
enactment of this Act by the Congress: Provided, That not to 
exceed $500,000 may be made available to carry out the 
provisions of section 316 of Public Law 96-533.\62\

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    \61\ First enacted, not including proviso, as sec. 102 of the 
Mutual Security Appropriations Act, 1958. The proviso, which originally 
prohibited any funds from foreign assistance appropriations being made 
available to carry out the provisions of sec. 316 of Public Law 96-533, 
was added by the Foreign Assistance Appropriations Act, 1996. The 
Foreign Assistance Appropriations Act, 1997, provided that not to 
exceed $750,000 may be made available for the provisions of sec. 316.
    See also sec. 109 of the Foreign Relations Authorization Act, 
Fiscal Years 1988 and 1989 (Public Law 100-204), Legislation on Foreign 
Relations Through 1997, vol. II, for related language.
    \62\ Sec. 316 of Public Law 96-533 provided the following:

                             ``world hunger

    ``Sec. 316. (a) In order to further the purposes of section 103 of 
the Foreign Assistance Act of 1961, the Director of the United States 
International Development Cooperation Agency shall encourage the 
ongoing work of private and voluntary organizations to deal with world 
hunger problems abroad. To this end, the Director shall help facilitate 
widespread public discussion, analysis, and review of the issues raised 
by the Report of the Presidential Commission on World Hunger of March 
1980, especially the issues raised by the Commission's call for 
increased public awareness of the political, economic, technical, and 
social factors relating to hunger and poverty.
    ``(b) As a means of carrying out subsection (a), and to ensure the 
effectiveness of private and voluntary organizations in dealing with 
world hunger abroad, the Director is urged to provide assistance to 
private and voluntary organizations engaged in facilitating public 
discussion of hunger and other related issues.''.
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            purchase of american-made equipment and products

    Sec. 546.\63\ (a) To the maximum extent possible, 
assistance provided under this Act should make full use of 
American resources, including commodities, products, and 
services.

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    \63\ Language similar to subsec. (b) was first enacted as sec. 559 
of the Foreign Assistance Appropriations Act, 1994. Language similar to 
subsec. (c) was added in fiscal year 1995.
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    (b) It is the Sense \64\ of the Congress that, to the 
greatest extent practicable, all equipment and products 
purchased with funds made available in this Act should be 
American-made.

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    \64\ As enrolled.
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    (c) In providing financial assistance to, or entering into 
any contract with, any entity using funds made available in 
this Act, the head of each Federal agency, to the greatest 
extent practicable, shall provide to such entity a notice 
describing the statement made in subsection (b) by the 
Congress.

           prohibition of payments to united nations members

    Sec. 547.\65\ None of the funds appropriated or made 
available pursuant to this Act for carrying out the Foreign 
Assistance Act of 1961, may be used to pay in whole or in part 
any assessments, arrearages, or dues of any member of the 
United Nations.

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    \65\ First enacted as sec. 114 of the Foreign Assistance 
Appropriations Act, 1964.
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                          consulting services

    Sec. 548.\66\ The expenditure of any appropriation under 
this Act for any consulting service through procurement 
contract, pursuant to section 3109 of title 5, United States 
Code, shall be limited to those contracts where such 
expenditures are a matter of public record and available for 
public inspection, except where otherwise provided under 
existing law, or under existing Executive order pursuant to 
existing law.

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    \66\ First enacted as sec. 524 of the Foreign Assistance 
Appropriations Act, 1982.
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             private voluntary organizations-documentation

    Sec. 549.\67\ None of the funds appropriated or made 
available pursuant to this Act shall be available to a private 
voluntary organization which fails to provide upon timely 
request any document, file, or record necessary to the auditing 
requirements of the Agency for International Development.

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    \67\ Similar language was first enacted as sec. 546 of the Foreign 
Assistance Appropriations Act, 1986.
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  Prohibition on Assistance to Foreign Governments that Export Lethal 
   Military Equipment to Countries Supporting International Terrorism

    Sec. 550.\68\ (a) None of the funds appropriated or 
otherwise made available by this Act may be available to any 
foreign government which provides lethal military equipment to 
a country the government of which the Secretary of State has 
determined is a terrorist government for purposes of section 
40(d) of the Arms Export Control Act. The prohibition under 
this section with respect to a foreign government shall 
terminate 12 months after that government ceases to provide 
such military equipment. This section applies with respect to 
lethal military equipment provided under a contract entered 
into after October 1, 1997.

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    \68\ Similar language was first enacted as sec. 573 of the Foreign 
Assistance Appropriations Act, 1994. See also sec. 620A of the Foreign 
Assistance Act of 1961.
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    (b) Assistance restricted by subsection (a) or any other 
similar provision of law, may be furnished if the President 
determines that furnishing such assistance is important to the 
national interests of the United States.
    (c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional 
committees a report with respect to the furnishing of such 
assistance. Any such report shall include a detailed 
explanation of the assistance estimated to be provided, 
including the estimated dollar amount of such assistance, and 
an explanation of how the assistance furthers United States 
national interests.

 withholding of assistance for parking fines owed by foreign countries

    Sec. 551.\69\ (a) In General.--Of the funds made available 
for a foreign country under part I of the Foreign Assistance 
Act of 1961, an amount equivalent to 110 percent of the total 
unpaid fully adjudicated parking fines and penalties owed to 
the District of Columbia by such country as of the date of 
enactment of this Act shall be withheld from obligation for 
such country until the Secretary of State certifies and reports 
in writing to the appropriate congressional committees that 
such fines and penalties are fully paid to the government of 
the District of Columbia.

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    \69\ First enacted as sec. 574 of the Foreign Assistance 
Appropriations Act, 1994.
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    (b) Definition.--For purposes of this section, 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.

    limitation on assistance for the plo for the west bank and gaza

    Sec. 552.\70\ None of the funds appropriated by this Act 
may be obligated for assistance for the Palestine Liberation 
Organization for the West Bank and Gaza unless the President 
has exercised the authority under section 604(a) of the Middle 
East Peace Facilitation Act of 1995 (title VI of Public Law 
104-107) or any other legislation to suspend or make 
inapplicable section 307 of the Foreign Assistance Act of 1961 
and that suspension is still in effect: Provided, That if the 
President fails to make the certification under section 
604(b)(2) of the Middle East Peace Facilitation Act of 1995 or 
to suspend the prohibition under other legislation, funds 
appropriated by this Act may not be obligated for assistance 
for the Palestine Liberation Organization for the West Bank and 
Gaza.

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    \70\ Similar language first enacted as sec. 565 of the Foreign 
Assistance Appropriations Act, 1995.
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                     war crimes tribunals drawdown

    Sec. 553.\71\ If the President determines that doing so 
will contribute to a just resolution of charges regarding 
genocide or other violations of international humanitarian law, 
the President may direct a drawdown pursuant to section 552(c) 
of the Foreign Assistance Act of 1961, as amended, of up to 
$25,000,000 of commodities and services for the United Nations 
War Crimes Tribunal established with regard to the former 
Yugoslavia by the United Nations Security Council or such other 
tribunals or commissions as the Council may establish to deal 
with such violations, without regard to the ceiling limitation 
contained in paragraph (2) thereof: Provided, That the 
determination required under this section shall be in lieu of 
any determinations otherwise required under section 552(c): 
Provided further, That 60 days after the date of enactment of 
this Act, and every 180 days thereafter, the Secretary of State 
shall submit a report to the Committees on Appropriations 
describing the steps the United States Government is taking to 
collect information regarding allegations of genocide or other 
violations of international law in the former Yugoslavia and to 
furnish that information to the United Nations War Crimes 
Tribunal for the former Yugoslavia.

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    \71\ Excluding the second proviso, similar language was first 
enacted as sec. 548(e) of the Foreign Assistance Appropriations Act, 
1994. The second proviso was added in sec. 575 of the Foreign 
Assistance Appropriations Act, 1995.
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                               landmines

    Sec. 554.\72\ Notwithstanding any other provision of law, 
demining equipment available to the Agency for International 
Development and the Department of State and used in support of 
the clearance of landmines and unexploded ordnance for 
humanitarian purposes may be disposed of on a grant basis in 
foreign countries, subject to such terms and conditions as the 
President may prescribe: Provided, That not later than 90 days 
after the enactment of this Act, the Secretary of Defense, in 
consultation with the Secretary of State, shall submit a report 
to the Committees on Appropriations describing potential 
alternative technologies or tactics and a plan for the 
development of such alternatives to protect anti-tank mines 
from tampering in a manner consistent with the ``Convention on 
the Prohibition, Use, Stockpiling, Production and Transfer of 
Anti-personnel Mines and on Their Destruction''.

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    \72\ Similar language, excluding the proviso, was first enacted, as 
sec. 578 of the Foreign Assistance Appropriations Act, 1995.
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           restrictions concerning the palestinian authority

    Sec. 555.\73\ None of the funds appropriated by this Act 
may be obligated or expended to create in any part of Jerusalem 
a new office of any department or agency of the United States 
Government for the purpose of conducting official United States 
Government business with the Palestinian Authority over Gaza 
and Jericho or any successor Palestinian governing entity 
provided for in the Israel-PLO Declaration of Principles: 
Provided, That this restriction shall not apply to the 
acquisition of additional space for the existing Consulate 
General in Jerusalem: Provided further, That meetings between 
officers and employees of the United States and officials of 
the Palestinian Authority, or any successor Palestinian 
governing entity provided for in the Israel-PLO Declaration of 
Principles, for the purpose of conducting official United 
States Government business with such authority should continue 
to take place in locations other than Jerusalem. As has been 
true in the past, officers and employees of the United States 
Government may continue to meet in Jerusalem on other subjects 
with Palestinians (including those who now occupy positions in 
the Palestinian Authority), have social contacts, and have 
incidental discussions.

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    \73\ Similar language was first enacted as sec. 585 of the Foreign 
Assistance Appropriations Act, 1995.
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               prohibition of payment of certain expenses

    Sec. 556.\74\ None of the funds appropriated or otherwise 
made available by this Act under the heading ``International 
Military Education and Training'' or ``Foreign Military 
Financing Program'' for Informational Program activities may be 
obligated or expended to pay for--

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    \74\ First enacted as sec. 579 of the Foreign Assistance 
Appropriations Act, 1995.
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          (1) alcoholic beverages;
          (2) food (other than food provided at a military 
        installation) not provided in conjunction with 
        Informational Program trips where students do not stay 
        at a military installation; or
          (3) entertainment expenses for activities that are 
        substantially of a recreational character, including 
        entrance fees at sporting events and amusement parks.

                     equitable allocation of funds

    Sec. 557.\75\ Not more than 18 percent of the funds 
appropriated by this Act to carry out the provisions of 
sections 103 through 106 and chapter 4 of part II of the 
Foreign Assistance Act of 1961, that are made available for 
Latin America and the Caribbean region may be made available, 
through bilateral and Latin America and the Caribbean regional 
programs, to provide assistance for any country in such region.

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    \75\ Similar language was first enacted as sec. 560 of the Foreign 
Assistance Appropriations Act, 1997, which set the allocation limit at 
not more than 20 percent.
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                  special debt relief for the poorest

    Sec. 558. (a) \76\ Authority To Reduce Debt.--The President 
may reduce amounts owed to the United States (or any agency of 
the United States) by an eligible country as a result of--

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    \76\ Similar language, except subsec. (a)(3), which was added this 
year, was first enacted as sec. 570(a) of the Foreign Assistance 
Appropriations Act, 1994. Subsec. (b) of that section also amended the 
Export-Import Bank Act of 1945 to authorize debt relief for the 
poorest, most heavily indebted nations. See Legislation on Foreign 
Relations Through 1997, vol. II.
    In a memorandum of July 8, 1996, the President delegated to the 
Secretary of the Treasury, in consultation with the Secretaries of 
State and Defense, the functions, authorities, and duties conferred on 
the President by sec. 570(a) of this Act, sec. 561(a) of Public Law 
103-306, and any similar subsequent provision of law (61 F.R. 38563).
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          (1) guarantees issued under sections 221 and 222 of 
        the Foreign Assistance Act of 1961;
          (2) credits extended or guarantees issued under the 
        Arms Export Control Act; or
          (3) any obligation or portion of such obligation for 
        a Latin American country, to pay for purchases of 
        United States agricultural commodities guaranteed by 
        the Commodity Credit Corporation under export credit 
        guarantee programs authorized pursuant to section 5(f) 
        of the Commodity Credit Corporation Charter Act of June 
        29, 1948, as amended, section 4(b) of the Food for 
        Peace Act of 1966, as amended (Public Law 89-808), or 
        section 202 of the Agricultural Trade Act of 1978, as 
        amended (Public Law 95-501).
    (b) Limitations.--
          (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt 
        relief and referendum agreements, commonly referred to 
        as ``Paris Club Agreed Minutes''.
          (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is 
        provided in advance by appropriations Acts.
          (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy 
        debt burdens that are eligible to borrow from the 
        International Development Association, but not from the 
        International Bank for Reconstruction and Development, 
        commonly referred to as ``IDA-only'' countries.
    (c) Conditions.--The authority provided by subsection (a) 
may be exercised only with respect to a country whose 
government--
          (1) does not have an excessive level of military 
        expenditures;
          (2) has not repeatedly provided support for acts of 
        international terrorism;
          (3) is not failing to cooperate on international 
        narcotics control matters;
          (4) (including its military or other security forces) 
        does not engage in a consistent pattern of gross 
        violations of internationally recognized human rights; 
        and
          (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.
    (d) Availability of Funds.--The authority provided by 
subsection (a) may be used only with regard to funds 
appropriated by this Act under the heading ``Debt 
restructuring''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance 
for purposes of any provision of law limiting assistance to a 
country. The authority provided by subsection (a) may be 
exercised notwithstanding section 620(r) of the Foreign 
Assistance Act of 1961.

             authority to engage in debt buybacks or sales

    Sec. 559.\77\ (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--

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    \77\ Similar language was first enacted as sec. 571 of the Foreign 
Assistance Appropriations Act, 1996.
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          (1) Authority to sell, reduce, or cancel certain 
        loans.--Notwithstanding any other provision of law, the 
        President may, in accordance with this section, sell to 
        any eligible purchaser any concessional loan or portion 
        thereof made before January 1, 1995, pursuant to the 
        Foreign Assistance Act of 1961, to the government of 
        any eligible country as defined in section 702(6) of 
        that Act or on receipt of payment from an eligible 
        purchaser, reduce or cancel such loan or portion 
        thereof, only for the purpose of facilitating--
                  (A) debt-for-equity swaps, debt-for-
                development swaps, or debt-for-nature swaps; or
                  (B) a debt buyback by an eligible country of 
                its own qualified debt, only if the eligible 
                country uses an additional amount of the local 
                currency of the eligible country, equal to not 
                less than 40 percent of the price paid for such 
                debt by such eligible country, or the 
                difference between the price paid for such debt 
                and the face value of such debt, to support 
                activities that link conservation and 
                sustainable use of natural resources with local 
                community development, and child survival and 
                other child development, in a manner consistent 
                with sections 707 through 710 of the Foreign 
                Assistance Act of 1961, if the sale, reduction, 
                or cancellation would not contravene any term 
                or condition of any prior agreement relating to 
                such loan.
          (2) Terms and conditions.--Notwithstanding any other 
        provision of law, the President shall, in accordance 
        with this section, establish the terms and conditions 
        under which loans may be sold, reduced, or canceled 
        pursuant to this section.
          (3) Administration.--The Facility, as defined in 
        section 702(8) of the Foreign Assistance Act of 1961, 
        shall notify the administrator of the agency primarily 
        responsible for administering part I of the Foreign 
        Assistance Act of 1961 of purchasers that the President 
        has determined to be eligible, and shall direct such 
        agency to carry out the sale, reduction, or 
        cancellation of a loan pursuant to this section. Such 
        agency shall make an adjustment in its accounts to 
        reflect the sale, reduction, or cancellation.
          (4) Limitation.--The authorities of this subsection 
        shall be available only to the extent that 
        appropriations for the cost of the modification, as 
        defined in section 502 of the Congressional Budget Act 
        of 1974, are made in advance.
    (b) Deposit of Proceeds.--The proceeds from the sale, 
reduction, or cancellation of any loan sold, reduced, or 
canceled pursuant to this section shall be deposited in the 
United States Government account or accounts established for 
the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to 
subsection (a)(1)(A) only to a purchaser who presents plans 
satisfactory to the President for using the loan for the 
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this 
section, of any loan made to an eligible country, the President 
should consult with the country concerning the amount of loans 
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature 
swaps.
    (e) Availability of Funds.--The authority provided by 
subsection (a) may be used only with regard to funds 
appropriated by this Act under the heading ``Debt 
restructuring''.

                  international financial institutions

    Sec. 560.\78\ (a) Authorizations.--The Secretary of the 
Treasury may, to fulfill commitments of the United States: (1) 
effect the United States participation in the first general 
capital increase of the European Bank for Reconstruction and 
Development, subscribe to and make payment for 100,000 
additional shares of the capital stock of the Bank on behalf of 
the United States; and (2) contribute on behalf of the United 
States to the eleventh replenishment of the resources of the 
International Development Association, to the sixth 
replenishment of the resources of the Asian Development Fund, a 
special fund of the Asian Development Bank. The following 
amounts are authorized to be appropriated without fiscal year 
limitation for payment by the Secretary of the Treasury: (1) 
$285,772,500 for paid-in capital, and $984,327,500 for callable 
capital of the European Bank for Reconstruction and 
Development; (2) $1,600,000,000 for the International 
Development Association; (3) $400,000,000 for the Asian 
Development Fund; and (4) $76,832,001 for paid-in capital, and 
$4,511,156,729 for callable capital of the Inter-American 
Development Bank in connection with the eighth general increase 
in the resources of that Bank. Each such subscription or 
contribution shall be subject to obtaining the necessary 
appropriations.

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    \78\ 22 U.S.C. 284s note, 285c note, 290l-4 note.
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    (b) Consideration of Environmental Impact of International 
Finance Corporation Loans.--Section 1307 of the International 
Financial Institutions Act (Public Law 95-118) \79\ is amended 
as follows:

-----------------------------------------------------------------------
    \79\ 22 U.S.C. 262m-7. See Legislation on Foreign Relations Through 
1997, vol. III.
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          (1) in subsection (a)(1)(A) strike ``borrowing 
        country'' and insert in lieu thereof ``borrower'';
          (2) in subsection (a)(2)(A) strike ``country''; and
          (3) at the end of section 1307, add a new subsection 
        as follows:
    ``(g) For purposes of this section, the term `multilateral 
development bank' means any of the institutions named in 
section 1303(b) of this Act, and the International Finance 
Corporation.''.
    (c) The Secretary of the Treasury shall instruct the United 
States Executive Directors of the International Bank for 
Reconstruction and Development and the International 
Development Association to use the voice and vote of the United 
States to strongly encourage their respective institutions to--
          (1) provide timely public information on procurement 
        opportunities available to United States suppliers, 
        with a special emphasis on small business; and
          (2) systematically consult with local communities on 
        the potential impact of loans as part of the normal 
        lending process, and expand the participation of 
        affected peoples and nongovernmental organizations in 
        decisions on the selection, design and implementation 
        of policies and projects.

          sanctions against countries harboring war criminals

    Sec. 561.\80\ (a) Bilateral Assistance.--The President is 
authorized to withhold funds appropriated by this Act under the 
Foreign Assistance Act of 1961 or the Arms Export Control Act 
for any country described in subsection (c).

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    \80\ Similar language was first enacted as sec. 582 of the Foreign 
Assistance Appropriations Act, 1996.
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    (b) Multilateral Assistance.--The Secretary of the Treasury 
should instruct the United States executive directors of the 
international financial institutions to work in opposition to, 
and vote against, any extension by such institutions of 
financing or financial or technical assistance to any country 
described in subsection (c).
    (c) Sanctioned Countries.--A country described in this 
subsection is a country the government of which knowingly 
grants sanctuary to persons in its territory for the purpose of 
evading prosecution, where such persons--
          (1) \81\ have been indicted by the International 
        Criminal Tribunal for Rwanda, or any other 
        international tribunal with similar standing under 
        international law; or

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    \81\ Sec. 582 of the Foreign Assistance Appropriations Act, 1996, 
and sec. 568 of the Foreign Assistance Appropriations Act, 1997, also 
referred to the International Criminal Tribunal for the former 
Yugoslavia.
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          (2) have been indicted for war crimes or crimes 
        against humanity committed during the period beginning 
        March 23, 1933 and ending on May 8, 1945 under the 
        direction of, or in association with--
                  (A) the Nazi government of Germany;
                  (B) any government in any area occupied by 
                the military forces of the Nazi government of 
                Germany;
                  (C) any government which was established with 
                the assistance or cooperation of the Nazi 
                government; or
                  (D) any government which was an ally of the 
                Nazi government of Germany.

                   limitation on assistance for haiti

    Sec. 562.\82\ (a) Limitation.--None of the funds 
appropriated or otherwise made available by this Act may be 
provided to the Government of Haiti unless the President 
reports to Congress that the Government of Haiti--

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    \82\ Similar language was first enacted as sec. 583 of the Foreign 
Assistance Appropriations Act, 1996.
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          (1) is conducting thorough investigations of 
        extrajudicial and political killings;
          (2) is cooperating with United States authorities in 
        the investigations of political and extrajudicial 
        killings;
          (3) has substantially completed privatization of (or 
        placed under long-term private management or 
        concession) at least three major public enterprises; 
        and
          (4) has taken action to remove from the Haitian 
        National Police, national palace and residential guard, 
        ministerial guard, and any other public security entity 
        of Haiti those individuals who are credibly alleged to 
        have engaged in or conspired to conceal gross 
        violations of internationally recognized human rights.
    (b) Exceptions.--The limitation in subsection (a) does not 
apply to the provision of humanitarian, electoral, counter-
narcotics, or law enforcement assistance.
    (c) Waiver.--The President may waive the requirements of 
this section on a semiannual basis if the President determines 
and certifies to the appropriate committees of Congress that 
such waiver is in the national interest of the United States.
    (d) Parastatals Defined.--As used in this section, the term 
``parastatal'' means a government-owned enterprise.

  requirement for disclosure of foreign aid in report of secretary of 
                                 state

    Sec. 563.\83\ (a) Foreign Aid Reporting Requirement.--In 
addition to the voting practices of a foreign country, the 
report required to be submitted to Congress under section 
406(a) of the Foreign Relations Authorization Act, fiscal years 
1990 and 1991 (22 U.S.C. 2414a),\84\ shall include a side-by-
side comparison of individual countries' overall support for 
the United States at the United Nations and the amount of 
United States assistance provided to such country in fiscal 
year 1997.

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    \83\ 22 U.S.C. 2414a note. First enacted as sec. 580 of the Foreign 
Assistance Appropriations Act, 1997.
    \84\ For text, see Legislation on Foreign Relations Through 1997, 
vol. II.
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    (b) United States Assistance.--For purposes of this 
section, the term ``United States assistance'' has the meaning 
given the term in section 481(e)(4) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2291(e)(4)).

   restrictions on voluntary contributions to united nations agencies

    Sec. 564.\85\ (a) Prohibition on Voluntary Contributions 
for the United Nations.--None of the funds appropriated or 
otherwise made available by this Act may be made available to 
pay any voluntary contribution of the United States to the 
United Nations (including the United Nations Development 
Program) if the United Nations implements or imposes any 
taxation on any United States persons.

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    \85\ First enacted as sec. 581 of the Foreign Assistance 
Appropriations Act, 1997.
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    (b) Certification Required for Disbursement of Funds.--None 
of the funds appropriated or otherwise made available under 
this Act may be made available to pay any voluntary 
contribution of the United States to the United Nations 
(including the United Nations Development Program) unless the 
President certifies to the Congress 15 days in advance of such 
payment that the United Nations is not engaged in any effort to 
implement or impose any taxation on United States persons in 
order to raise revenue for the United Nations or any of its 
specialized agencies.
    (c) Definitions.--As used in this section the term ``United 
States person'' refers to--
          (1) a natural person who is a citizen or national of 
        the United States; or
          (2) a corporation, partnership, or other legal entity 
        organized under the United States or any State, 
        territory, possession, or district of the United 
        States.

                          assistance to turkey

    Sec. 565.\86\ (a) Not more than $40,000,000 of the funds 
appropriated in this Act under the heading ``Economic Support 
Fund'' may be made available for Turkey.

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    \86\ Language similar to that in subsec. (a) was first enacted as 
sec. 566 of the Foreign Assistance Appropriations Act, 1996. Funding 
limits that year were set at not more than $33,500,000; in fiscal year 
1997--not more than $22,000,000. Subsec. (b) was added this year.
-----------------------------------------------------------------------

    (b) Of the funds made available under the heading 
``Economic Support Fund'' for Turkey, not less than 50 percent 
of these funds shall be made available for the purpose of 
supporting private nongovernmental organizations engaged in 
strengthening democratic institutions in Turkey, providing 
economic assistance for individuals and communities affected by 
civil unrest, and supporting and promoting peaceful solutions 
and economic development which will contribute to the 
settlement of regional problems in Turkey.

         limitation on assistance to the palestinian authority

    Sec. 566. (a) Prohibition of Funds.--None of the funds 
appropriated by this Act to carry out the provisions of chapter 
4 of part II of the Foreign Assistance Act of 1961 may be 
obligated or expended with respect to providing funds to the 
Palestinian Authority.
    (b) Waiver.--The prohibition included in subsection (a) 
shall not apply if the President certifies in writing to the 
Speaker of the House of Representatives and the President pro 
tempore of the Senate that waiving such prohibition is 
important to the national security interests of the United 
States.
    (c) Period of Application of Waiver.--Any waiver pursuant 
to subsection (b) shall be effective for no more than a period 
of six months at a time and shall not apply beyond twelve 
months after enactment of this Act.

         limitation on assistance to the government of croatia

    Sec. 567. None of the funds appropriated or otherwise made 
available by title II of this Act may be made available to the 
Government of Croatia to relocate the remains of Croatian 
Ustashe soldiers, at the site of the World War II concentration 
camp at Jasenovac, Croatia.

                           burma labor report

    Sec. 568.\87\ Not later than 120 days after enactment of 
this Act, the Secretary of Labor in consultation with the 
Secretary of State shall provide to the Committees on 
Appropriations a report addressing labor practices in Burma.

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    \87\ See also sec. 570(d) of the Foreign Assistance Appropriations 
Act, 1997, in Legislation on Foreign Relations Through 1997, vol. III.
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                                 HAITI

    Sec. 569.\88\ The Government of Haiti shall be eligible to 
purchase defense articles and services under the Arms Export 
Control Act (22 U.S.C. 2751 et seq.), for the civilian-led 
Haitian National Police and Coast Guard: Provided, That the 
authority provided by this section shall be subject to the 
regular notification procedures of the Committees on 
Appropriations.

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    \88\ First enacted as sec. 582 of the Foreign Assistance 
Appropriations Act, 1997.
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              LIMITATION ON ASSISTANCE TO SECURITY FORCES

    Sec. 570.\89\ None of the funds made available by this Act 
may be provided to any unit of the security forces of a foreign 
country if the Secretary of State has credible evidence that 
such unit has committed gross violations of human rights, 
unless the Secretary determines and reports to the Committees 
on Appropriations that the government of such country is taking 
effective measures to bring the responsible members of the 
security forces unit to justice: Provided, That nothing in this 
section shall be construed to withhold funds made available by 
this Act from any unit of the security forces of a foreign 
country not credibly alleged to be involved in gross violations 
of human rights: Provided further, That in the event that funds 
are withheld from any unit pursuant to this section, the 
Secretary of State shall promptly inform the foreign government 
of the basis for such action and shall, to the maximum extent 
practicable, assist the foreign government in taking effective 
measures to bring the responsible members of the security 
forces to justice.

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    \89\ Similar language was enacted pertaining to appropriations to 
carry out international narcotics control programs in title II of the 
Foreign Assistance Appropriations Act, 1997.
-----------------------------------------------------------------------

      limitations on transfer of military equipment to east timor

    Sec. 571. In any agreement for the sale, transfer, or 
licensing of any lethal equipment or helicopter for Indonesia 
entered into by the United States pursuant to the authority of 
this Act or any other Act, the agreement shall state that the 
United States expects that the items will not be used in East 
Timor: Provided, That nothing in this section shall be 
construed to limit Indonesia's inherent right to legitimate 
national self-defense as recognized under the United Nations 
Charter and international law.

                        Transparency of Budgets

    Sec. 572. (a) Section 576(a)(1) of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 
1997, as contained in Public Law 104-208,\90\ is amended to 
read as follows:

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    \90\ For text, see page xxx.
-----------------------------------------------------------------------

          ``(1) does not have in place a functioning system for 
        reporting to civilian authorities audits of receipts 
        and expenditures that fund activities of the armed 
        forces and security forces;''.
    (b) Section 576(a)(2) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1997, as 
contained in Public Law 104-208, is amended to read as follows:
          ``(2) has not provided to the institution information 
        about the audit process requested by the 
        institution.''.

RESTRICTIONS ON ASSISTANCE TO COUNTRIES PROVIDING SANCTUARY TO INDICTED 
                             WAR CRIMINALS

    Sec. 573. (a) Bilateral Assistance.--None of the funds made 
available by this or any prior Act making appropriations for 
foreign operations, export financing and related programs, may 
be provided for any country, entity or canton described in 
subsection (d).
    (b) Multilateral Assistance.--
          (1) Prohibition.--The Secretary of the Treasury shall 
        instruct the United States executive directors of the 
        international financial institutions to work in 
        opposition to, and vote against, any extension by such 
        institutions of any financial or technical assistance 
        or grants of any kind to any country or entity 
        described in subsection (d).
          (2) Notification.--Not less than 15 days before any 
        vote in an international financial institution 
        regarding the extension of financial or technical 
        assistance or grants to any country or entity described 
        in subsection (d), the Secretary of the Treasury, in 
        consultation with the Secretary of State, shall provide 
        to the Committee on Appropriations and the Committee on 
        Foreign Relations of the Senate and the Committee on 
        Appropriations and the Committee on Banking and 
        Financial Services of the House of Representatives a 
        written justification for the proposed assistance, 
        including an explanation of the United States position 
        regarding any such vote, as well as a description of 
        the location of the proposed assistance by 
        municipality, its purpose, and its intended 
        beneficiaries.
          (3) Definition.--The term ``international financial 
        institution'' includes the International Monetary Fund, 
        the International Bank for Reconstruction and 
        Development, the International Development Association, 
        the International Finance Corporation, the Multilateral 
        Investment Guaranty Agency, and the European Bank for 
        Reconstruction and Development.
    (c) Exceptions.--
          (1) In general.--Subject to paragraph (2), 
        subsections (a) and (b) shall not apply to the 
        provision of--
                  (A) humanitarian assistance;
                  (B) democratization assistance;
                  (C) assistance for cross border physical 
                infrastructure projects involving activities in 
                both a sanctioned country, entity, or canton 
                and a nonsanctioned contiguous country, entity, 
                or canton, if the project is primarily located 
                in and primarily benefits the nonsanctioned 
                country, entity, or canton and if the portion 
                of the project located in the sanctioned 
                country, entity, or canton is necessary only to 
                complete the project;
                  (D) small-scale assistance projects or 
                activities requested by United States Armed 
                Forces that promote good relations between such 
                forces and the officials and citizens of the 
                areas in the United States SFOR sector of 
                Bosnia;
                  (E) implementation of the Brcko Arbitral 
                Decision;
                  (F) lending by the international financial 
                institutions to a country or entity to support 
                common monetary and fiscal policies at the 
                national level as contemplated by the Dayton 
                Agreement; or
                  (G) direct lending to a non-sanctioned 
                entity, or lending passed on by the national 
                government to a non-sanctioned entity.
          (2) Further limitations.--Notwithstanding paragraph 
        (1)--
                  (A) no assistance may be made available by 
                this Act, or any prior Act making 
                appropriations for foreign operations, export 
                financing and related programs, in any country, 
                entity, or canton described in subsection (d), 
                for a program, project, or activity in which a 
                publicly indicted war criminal is known to have 
                any financial or material interest; and
                  (B) no assistance (other than emergency foods 
                or medical assistance or demining assistance) 
                may be made available by this Act, or any prior 
                Act making appropriations for foreign 
                operations, export financing and related 
                programs for any program, project, or activity 
                in a community within any country, entity or 
                canton described in subsection (d) if competent 
                authorities within that community are not 
                complying with the provisions of Article IX and 
                Annex 4, Article II, paragraph 8 of the Dayton 
                Agreement relating to war crimes and the 
                Tribunal.
    (d) \91\ Sanctioned Country, Entity, or Canton.--A 
sanctioned country, entity, or canton described in this section 
is one whose competent authorities have failed, as determined 
by the Secretary of State, to take necessary and significant 
steps to apprehend and transfer to the Tribunal all persons who 
have been publicly indicted by the Tribunal.

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    \91\ In State Department Public Notice 2667 of December 4, 1997 (62 
F.R. 66713), the Secretary of State states that, ``I hereby determine 
that Serbia and Montenegro and the Republic of Srpska Entity of Bosnia 
and Herzegovina and [sic] failed to take necessary and significant 
steps to apprehend and transfer to the International Criminal Tribunal 
for the Former Yugoslavia (the `Tribunal') all persons who have been 
publicly indicted by the Tribunal.''. See also next note.
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    (e) \92\ Waiver.--

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    \92\ In State Department Public Notice 2672 of December 15, 1997 
(63 F.R. 119), the Acting Secretary of State waived ``the application 
of section 573(b) of [this Act] with regard to the International 
Development Association's (IDA) Reconstruction Assistance Project 
Credit. I hereby determine the IDA Reconstruction Assistance Project 
directly supports the implementation of the Dayton Agreement and its 
Annexes.''.
    In State Department Public Notice 2673 of December 15, 1997 (63 
F.R. 119), the Acting Secretary of State waived ``the application of 
section 573(a) of [this Act] with regard to USAID-funded programs in 
the Republika of Srpska. I hereby determine that USAID's Municipal 
Infrastructure and Services Program, Bosnia Business Development 
Program, Economic Reform Program and Democratic Reform Program directly 
support the implementation of the Dayton Agreement and its Annexes.''.
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          (1) In general.--The Secretary of State may waive the 
        application of subsection (a) or subsection (b) with 
        respect to specified bilateral programs or 
        international financial institution projects or 
        programs in a sanctioned country, entity, or canton 
        upon providing a written determination to the Committee 
        on Appropriations and the Committee on Foreign 
        Relations of the Senate and the Committee on 
        Appropriations and the Committee on International 
        Relations of the House of Representatives that such 
        assistance directly supports the implementation of the 
        Dayton Agreement and its Annexes, which include the 
        obligation to apprehend and transfer indicted war 
        criminals to the Tribunal.
          (2) Report.--Not later than 15 days after the date of 
        any written determination under paragraph (e)(1), the 
        Secretary of State shall submit a report to the 
        Committee on Appropriations and the Committee on 
        Foreign Relations of the Senate and the Committee on 
        Appropriations and the Committee on International 
        Relations of the House of Representatives regarding the 
        status of efforts to secure the voluntary surrender or 
        apprehension and transfer of persons indicted by the 
        Tribunal, in accordance with the Dayton Agreement, and 
        outlining obstacles to achieving this goal.
          (3) Assistance programs and projects affected.--Any 
        waiver made pursuant to this subsection shall be 
        effective only with respect to a specified bilateral 
        program or multilateral assistance project or program 
        identified in the determination of the Secretary of 
        State to Congress.
    (f) Termination of Sanctions.--The sanctions imposed 
pursuant to subsections (a) and (b) with respect to a country 
or entity shall cease to apply only if the Secretary of State 
determines and certifies to Congress that the authorities of 
that country, entity, or canton have apprehended and 
transferred to the Tribunal all persons who have been publicly 
indicted by the Tribunal.
    (g) Definitions.--As used in this section--
          (1) Country.--The term ``country'' means Bosnia-
        Herzegovina, Croatia, and Serbia-Montenegro (Federal 
        Republic of Yugoslavia).
          (2) Entity.--The term ``entity'' refers to the 
        Federation of Bosnia and Herzegovina and the Republika 
        Srpska.
          (3) Canton.--The term ``canton'' means the 
        administrative units in Bosnia and Herzegovina.
          (4) Dayton agreement.--The term ``Dayton Agreement'' 
        means the General Framework Agreement for Peace in 
        Bosnia and Herzegovina, together with annexes relating 
        thereto, done at Dayton, November 10 through 16, 1995.
          (5) Tribunal.--The term ``Tribunal'' means the 
        International Criminal Tribunal for the Former 
        Yugoslavia.
    (h) Role of Human Rights Organizations and Government 
Agencies.--In carrying out this subsection, the Secretary of 
State, the Administrator of the Agency for International 
Development, and the executive directors of the international 
financial institutions shall consult with representatives of 
human rights organizations and all government agencies with 
relevant information to help prevent publicly indicted war 
criminals from benefitting from any financial or technical 
assistance or grants provided to any country or entity 
described in subsection (d).

              EXTENSION OF CERTAIN ADJUDICATION PROVISIONS

    Sec. 574. The Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167) 
\93\ is amended--

-----------------------------------------------------------------------
    \93\ For text, see page xxx.
-----------------------------------------------------------------------

          (1) in section 599D (8 U.S.C. 1157 note)--
                  (A) in subsection (b)(3), by striking ``and 
                1997'' and inserting ``1997, and 1998''; and
                  (B) in subsection (e), by striking ``October 
                1, 1997'' each place it appears and inserting 
                ``October 1, 1998''; and
          (2) in section 599E (8 U.S.C. 1255 note) in 
        subsection (b)(2), by striking ``September 30, 1997'' 
        and inserting ``September 30, 1998''.

ADDITIONAL REQUIREMENTS RELATING TO STOCKPILING OF DEFENSE ARTICLES FOR 
                           FOREIGN COUNTRIES

    Sec. 575. (a) Value of Additions to Stockpiles.--Section 
514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2321h(b)(2)(A)) is amended by inserting before the period at 
the end the following: ``and $60,000,000 for fiscal year 
1998''.
    (b) Requirements Relating to the Republic of Korea and 
Thailand.--Section 514(b)(2)(B) of such Act (22 U.S.C. 
2321h(b)(2)(B)) is amended by adding at the end the following: 
``Of the amount specified in subparagraph (A) for fiscal year 
1998, not more than $40,000,000 may be made available for 
stockpiles in the Republic of Korea and not more than 
$20,000,000 may be made available for stockpiles in 
Thailand.''.

       DELIVERY OF DRAWDOWN BY COMMERCIAL TRANSPORTATION SERVICES

    Sec. 576. Section 506 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2318) is amended--
          (1) in subsection (b)(2), by striking the period and 
        inserting the following: ``, including providing the 
        Congress with a report detailing all defense articles, 
        defense services, and military education and training 
        delivered to the recipient country or international 
        organization upon delivery of such articles or upon 
        completion of such services or education and training. 
        Such report shall also include whether any savings were 
        realized by utilizing commercial transport services 
        rather than acquiring those services from United States 
        Government transport assets.'';
          (2) by redesignating subsection (c) as subsection 
        (d); and
          (3) by inserting after subsection (b) the following:
    ``(c) For the purposes of any provision of law that 
authorizes the drawdown of defense or other articles or 
commodities, or defense or other services from an agency of the 
United States Government, such drawdown may include the supply 
of commercial transportation and related services that are 
acquired by contract for the purposes of the drawdown in 
question if the cost to acquire such commercial transportation 
and related services is less than the cost to the United States 
Government of providing such services from existing agency 
assets.''.

 To Prohibit Foreign Assistance to the Government of Russia should it 
  implement laws which would discriminate against minority religious 
                    faiths in the Russian Federation

    Sec. 577. (a) None of the funds appropriated under this Act 
may be made available for the Government of the Russian 
Federation unless within 30 days of the date this section 
becomes effective the President determines and certifies in 
writing to the Committees on Appropriations and the Committee 
on Foreign Relations of the Senate and the Committee on 
International Relations of the House of Representatives that 
the Government of the Russian Federation has implemented no 
statute, executive order, regulation or similar government 
action that would discriminate, or would have as its principal 
effect discrimination, against religious groups or religious 
communities in the Russian Federation in violation of accepted 
international agreements on human rights and religious freedoms 
to which the Russian Federation is a party.
    (b) This section shall become effective 150 days after the 
enactment of this Act

   united states policy regarding support for countries of the South 
                       Caucasus and Central Asia

    Sec. 578. (a) Findings.--Congress makes the following 
findings:
          (1) The ancient Silk Road, once the economic lifeline 
        of Central Asia and the South Caucasus, traversed much 
        of the territory now within the countries of Armenia, 
        Azerbaijan, Georgia, Kazakstan, Kyrgyzstan, Tajikistan, 
        Turkmenistan, and Uzbekistan.
          (2) Economic interdependence spurred mutual 
        cooperation among the peoples along the Silk Road and 
        restoration of the historic relationships and economic 
        ties between those peoples is an important element of 
        ensuring their sovereignty as well as the success of 
        democratic and market reforms.
          (3) The development of strong political and economic 
        ties between countries of the South Caucasus and 
        Central Asia and the West will foster stability in the 
        region.
          (4) The development of open market economies and open 
        democratic systems in the countries of the South 
        Caucasus and Central Asia will provide positive 
        incentives for international private investment, 
        increased trade, and other forms of commercial 
        interactions with the rest of the world.
          (5) The Caspian Sea Basin, overlapping the territory 
        of the countries of the South Caucasus and Central 
        Asia, contains proven oil and gas reserves that may 
        exceed $4,000,000,000,000 in value.
          (6) The region of the South Caucasus and Central Asia 
        will produce oil and gas in sufficient quantities to 
        reduce the dependence of the United States on energy 
        from the volatile Persian Gulf region.
          (7) United States foreign policy and international 
        assistance should be narrowly targeted to support the 
        economic and political independence of the countries of 
        the South Caucasus and Central Asia.
    (b) General.--The policy of the United States in the 
countries of the South Caucasus and Central Asia should be--
          (1) to promote sovereignty and independence with 
        democratic government;
          (2) to assist actively in the resolution of regional 
        conflicts;
          (3) to promote friendly relations and economic 
        cooperation;
          (4) to help promote market-oriented principles and 
        practices;
          (5) to assist in the development of infrastructure 
        necessary for communications, transportation, and 
        energy and trade on an East-West axis in order to build 
        strong international relations and commerce between 
        those countries and the stable, democratic, and market-
        oriented countries of the Euro-Atlantic Community; and
          (6) to support United States business interests and 
        investments in the region.
    (c) Definition.--In this section, the term ``countries of 
the South Caucasus and Central Asia'' means Armenia, 
Azerbaijan, Georgia, Kazakstan, Kyrgystan, Tajikistan, 
Turkmenistan, and Uzbekistan.

                                PAKISTAN

    Sec. 579. (a) OPIC.--Section 239(f) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2199(f)) is amended by 
inserting ``, or Pakistan'' after ``China''.
    (b) Trade and Development.--It is the sense of Congress 
that the Director of the Trade and Development Agency should 
use funds made available to carry out the provisions of section 
661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421) to 
promote United States exports to Pakistan.

Requirements for the Reporting to Congress of the Costs to the Federal 
Government Associated with the Proposed Agreement to Reduce Greenhouse 
                             Gas Emissions

    Sec. 580. The President shall provide to the Congress a 
detailed account of all Federal agency obligations and 
expenditures for climate change programs and activities, 
domestic and international, for fiscal year 1997, planned 
obligations for such activities in fiscal year 1998, and any 
plan for programs thereafter in the context of negotiations to 
amend the Framework Convention on Climate Change (FCCC) to be 
provided to the appropriate congressional committees no later 
than November 15, 1997.

           AUTHORITY TO ISSUE INSURANCE AND EXTEND FINANCING

    Sec. 581. (a) In General.--Section 235(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2195(a)) is amended--
          (1) by striking paragraphs (1) and (2)(A) and 
        inserting the following:
          ``(1) Insurance and financing.--(A) The maximum 
        contingent liability outstanding at any one time 
        pursuant to insurance issued under section 234(a), and 
        the amount of financing issued under sections 234(b) 
        and (c), shall not exceed in the aggregate 
        $29,000,000,000.'';
          (2) by redesignating paragraph (3) as paragraph (2); 
        and
          (3) by amending paragraph (2) (as so redesignated) by 
        striking ``September 30, 1997'' and inserting 
        ``September 30, 1999''.
    (b) Conforming Amendment.--Paragraph (2) of section 235(a) 
of that Act (22 U.S.C. 2195(a)), as redesignated by subsection 
(a), is further amended by striking ``(a) and (b)'' and 
inserting ``(a), (b), and (c)''.

withholding assistance to countries violating united nations sanctions 
                             against libya

    Sec. 582. (a) Withholding of Assistance.--Except as 
provided in subsection (b), whenever the President determines 
and certifies to Congress that the government of any country is 
violating any sanction against Libya imposed pursuant to United 
Nations Security Council Resolution 731, 748, or 883, then not 
less than 5 percent of the funds allocated for the country 
under section 653(a) of the Foreign Assistance Act of 1961 out 
of appropriations in this Act shall be withheld from obligation 
and expenditure for that country.
    (b) Exception.--The requirement to withhold funds under 
subsection (a) shall not apply to funds appropriated in this 
Act for allocation under section 653(a) of the Foreign 
Assistance Act of 1961 for development assistance or for 
humanitarian assistance.
    (c) Waiver.--Funds may be provided for a country without 
regard to subsection (a) if the President determines that to do 
so is in the national security interest of the United States.

                         War Crimes Prosecution

    Sec. 583. Section 2401 of title 18,\94\ United States Code 
(Public Law 104-192; the War Crimes Act of 1996) is amended as 
follows--

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    \94\ As enrolled. Should read ``Section 2441 of title 18''; sec. 
was so redesignated by sec. 605(p)(1) of Public Law 104-294 (110 Stat. 
3510). For text, see Legislation on Foreign Relations Through 1997, 
vol. II.
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          (1) in subsection (a), by striking ``grave breach of 
        the Geneva Conventions'' and inserting ``war crime'';
          (2) in subsection (b), by striking ``breach'' each 
        place it appears and inserting ``war crime''; and
          (3) so that subsection (c) reads as follows:
    ``(c) Definition.--As used in this section the term `war 
crime' means any conduct--
          ``(1) defined as a grave breach in any of the 
        international conventions signed at Geneva 12 August 
        1949, or any protocol to such convention to which the 
        United States is a party;
          ``(2) prohibited by Article 23, 25, 27, or 28 of the 
        Annex to the Hague Convention IV, Respecting the Laws 
        and Customs of War on Land, signed 18 October 1907;
          ``(3) which constitutes a violation of common Article 
        3 of the international conventions signed at Geneva, 12 
        August 1949, or any protocol to such convention to 
        which the United States is a party and which deals with 
        non-international armed conflict; or
          ``(4) of a person who, in relation to an armed 
        conflict and contrary to the provisions of the Protocol 
        on Prohibitions or Restrictions on the Use of Mines, 
        Booby-Traps and Other Devices as amended at Geneva on 3 
        May 1996 (Protocol II as amended on 3 May 1996), when 
        the United States is a party to such Protocol, 
        willfully kills or causes serious injury to 
        civilians.''.

   INTERNATIONAL MILITARY EDUCATION AND TRAINING PROGRAMS FOR LATIN 
                                AMERICA

    Sec. 584. (a) Expanded IMET.--The Secretary of Defense, in 
consultation with the Secretary of State, should make every 
effort to ensure that approximately 30 percent of the funds 
appropriated in this Act for ``International Military Education 
and Training'' for the cost of Latin American participants in 
IMET programs will be disbursed for the purpose of supporting 
enrollment of such participants in expanded IMET courses.
    (b) Civilian Participation.--The Secretary of State, in 
consultation with the Secretary of Defense, should identify 
sufficient numbers of qualified, non-military personnel from 
countries in Latin America so that approximately 25 percent of 
the total number of individuals from Latin American countries 
attending United States supported IMET programs and the Center 
for Hemispheric Defense Studies at the National Defense 
University are civilians.
    (c) Report.--Not later than twelve months after the date of 
enactment of this Act, the Secretary of Defense, in 
consultation with the Secretary of State, shall report in 
writing to the appropriate committees of the Congress on the 
progress made to improve military training of Latin American 
participants in the areas of human rights and civilian control 
of the military. The Secretary shall include in the report 
plans for implementing additional expanded IMET programs for 
Latin America during the next three fiscal years.

       AID TO THE GOVERNMENT OF the Democratic Republic of CONGO

    Sec. 585. None of the funds appropriated or otherwise made 
available by this Act may be provided to the central Government 
of the Democratic Republic of Congo until such time as the 
President reports in writing to the Congress that the central 
Government of the Democratic Republic of Congo is cooperating 
fully with investigators from the United Nations in accounting 
for human rights violations committed in the Democratic 
Republic of Congo or adjacent countries.

                     ASSISTANCE FOR THE MIDDLE EAST

    Sec. 586. Of the funds appropriated by this Act under the 
headings ``Economic Support Fund'', ``Foreign Military 
Financing'', ``International Military Education and Training'', 
``Peacekeeping Operations'', for refugees resettling in Israel 
under the heading ``Migration and Refugee Assistance'', and for 
assistance for Israel to carry out provisions of chapter 8 of 
part II of the Foreign Assistance Act of 1961 under the heading 
``Nonproliferation, Anti-Terrorism, Demining, and Related 
Programs'', not more than a total of $5,402,850,000 may be made 
available for Israel, Egypt, Jordan, Lebanon, the West Bank and 
Gaza, the Israel-Lebanon Monitoring Group, the Multinational 
Force and Observers, the Middle East Regional Democracy Fund, 
Middle East Regional Cooperation, and Middle East Multilateral 
Working Groups: Provided, That any funds that were appropriated 
under such headings in prior fiscal years and that were at the 
time of enactment of this Act obligated or allocated for other 
recipients may not during fiscal year 1998 be made available 
for activities that, if funded under this Act, would be 
required to count against this ceiling: Provided further, That 
funds may be made available notwithstanding the requirements of 
this section if the President determines and certifies to the 
Committees on Appropriations that it is important to the 
national security interest of the United States to do so and 
any such additional funds shall only be provided through the 
regular notification procedures of the Committees on 
Appropriations.
                              agriculture
    Sec. 587. The first proviso of subsection (k) under the 
heading ``Assistance for the New Independent States of the 
Former Soviet Union'' in the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1997, as 
contained in Public Law 104-208, is amended by striking ``not 
less than'' and inserting in lieu thereof ``up to''.\95\

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    \95\ Title II, para. on ``Assistance for the New Independent States 
of the Former Soviet Union'', as amended by this sec. reads:
    ``(a) For necessary expenses to carry out the provisions of chapter 
11 of part I of the Foreign Assistance Act of 1961 and the FREEDOM 
Support Act, for assistance for the new independent states of the 
former Soviet Union and for related programs, $625,000,000, to remain 
available until September 30, 1998: Provided, That the provisions of 
such chapter shall apply to funds appropriated by this paragraph.

        *        *        *        *        *        *        *        

    ``(k) Of the funds made available under this heading, up to 
$225,000,000 shall be made available for Ukraine, of which funds not 
less than $25,000,000 shall be made available to carry out United 
States decommissioning obligations regarding the Chornobyl plant made 
in the Memorandum of Understanding between the Government of Ukraine 
and the G-7 Group: Provided, That not less than $35,000,000 shall be 
made available for agricultural projects, including those undertaken 
through the Food Systems Restructuring Program, which leverage private 
sector resources with United States Government assistance: Provided 
further, That $5,000,000 shall be available for a small business 
incubator project: Provided further, That $5,000,000 shall be made 
available for screening and treatment of childhood mental and physical 
illnesses related to Chornobyl radiation: Provided further, That 
$5,000,000 shall be available only for a land and resource management 
institute to identify nuclear contamination at Chornobyl: Provided 
further, That $15,000,000 shall be available for the legal 
restructuring necessary to support a decentralized market-oriented 
economic system, including enactment of necessary substantive 
commercial law, implementation of reforms necessary to establish an 
independent judiciary and bar, legal education for judges, attorneys, 
and law students, and education of the public designed to promote 
understanding of a law-based economy.''.
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                      ENTERPRISE FUND RESTRICTIONS

    Sec. 588. Section 201(l) of the Support for East European 
Democracy Act (22 U.S.C. 5421(l)) \96\ is amended to read as 
follows:

-----------------------------------------------------------------------
    \96\ For text, see Legislation on Foreign Relations Through 1997, 
vol. I-B.
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    ``(l) Limitation on Payments to Enterprise Fund 
Personnel.--
          ``(1) No part of the funds of an Enterprise Fund 
        shall inure to the benefit of any board member, 
        officer, or employee of such Enterprise Fund, except as 
        salary or reasonable compensation for services subject 
        to paragraph (2).
          ``(2) An Enterprise Fund shall not pay compensation 
        for services to--
                  ``(A) any board member of the Enterprise 
                Fund, except for services as a board member; or
                  ``(B) any firm, association, or entity in 
                which a board member of the Enterprise Fund 
                serves as partner, director, officer, or 
                employee.
          ``(3) Nothing in paragraph (2) shall preclude payment 
        for services performed before the date of enactment of 
        this subsection nor for arrangements approved by the 
        grantor and notified in writing to the Committees on 
        Appropriations.''.

                                Cambodia

    Sec. 589. The Secretary of the Treasury should instruct the 
United States executive directors of the international 
financial institutions to use the voice and vote of the United 
States to oppose loans to the Government of Cambodia, except 
loans to support basic human needs.

                 export financing transfer authorities

    Sec. 590.\97\ Not to exceed 5 percent of any appropriation 
other than for administrative expenses made available for 
fiscal year 1998 for programs under title I of this Act may be 
transferred between such appropriations for use for any of the 
purposes, programs and activities for which the funds in such 
receiving account may be used, but no such appropriation, 
except as otherwise specifically provided, shall be increased 
by more than 25 percent by any such transfer: Provided, That 
the exercise of such authority shall be subject to the regular 
notification procedures of the Committees on Appropriations.

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    \97\ Similar language was first enacted as sec. 571 of the Foreign 
Assistance Appropriations Act, 1995.
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                      development credit authority

    Sec. 591. For the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, of direct loans and loan 
guarantees in support of the development objectives of the 
Foreign Assistance Act of 1961, up to $7,500,000, which amount 
may be derived by transfer from funds appropriated by this Act 
to carry out part I of the Foreign Assistance Act of 1961 and 
funds appropriated by this Act under the heading ``Assistance 
for Eastern Europe and the Baltic States'', to remain available 
until expended: Provided, That up to $500,000 of the funds 
appropriated by this Act under the heading ``Operating Expenses 
of the Agency for International Development'' may be made 
available for administrative expenses to carry out such 
programs: Provided further, That the provisions of section 
107A(d) (relating to general provisions applicable to 
development credit authority) of the Foreign Assistance Act of 
1961, as added by section 306 of H.R. 1486 as reported by the 
House Committee on International Relations on May 9, 1997, 
shall be applicable to direct loans and loan guarantees 
provided under this paragraph: Provided further, That direct 
loans or loan guarantees under this paragraph may not be 
provided until the Director of the Office of Management and 
Budget has certified to the Committees on Appropriations that 
the Agency for International Development has established a 
credit management system capable of effectively managing the 
credit programs funded under this heading, including that such 
system: (1) can provide accurate and timely provision of loan 
and loan guarantee data; (2) contains information control 
systems for loan and loan guarantee data; (3) is adequately 
staffed; and (4) contains appropriate review and monitoring 
procedures.

                 authorization for population planning

    Sec. 592.\98\ (a) Not to exceed $385,000,000 of the funds 
appropriated in title II of this Act may be available for 
population planning activities or other population assistance.

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    \98\ Provisions similar to this were first enacted in sec. 518A of 
the Foreign Assistance Appropriations Act, 1996, as amended.
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    (b) Such funds may be apportioned only on a monthly basis, 
and such monthly apportionments may not exceed 8.34 percent of 
the total available for such activities.
    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1998''.



             b. Continuing Appropriations, Fiscal Year 1998

 Public Law 105-46 [H.J. Res. 94], 111 Stat. 1153, approved September 
30, 1997; amended by Public Law 105-64 [H.J. Res. 97], 111 Stat. 1343, 
approved October 23, 1997; Public Law 105-68 [H.J. Res. 101], 111 Stat. 
1453, approved November 7, 1997; Public Law 105-69 [H.J. Res. 104], 111 
  Stat. 1454, approved November 9, 1997; Public Law 105-71 [H.J. Res. 
105], 111 Stat. 1456, approved November 10, 1997; and Public Law 105-84 
      [H.J. Res. 106], 111 Stat. 1628, approved November 14, 1997

 Joint Resolution Making continuing appropriations for the fiscal year 
                     1998, and for other purposes.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, and out of applicable 
corporate or other revenues, receipts, and funds, for the 
several departments, agencies, corporations, and other 
organizational units of Government for the fiscal year 1998, 
and for other purposes, namely:
    Section 101. (a) Such amounts as may be necessary under the 
authority and conditions provided in the applicable 
appropriations Act for the fiscal year 1997 for continuing 
projects or activities including the costs of direct loans and 
loan guarantees (not otherwise specifically provided for in 
this joint resolution) which were conducted in the fiscal year 
1997 and for which appropriations, funds, or other authority 
would be available in the following appropriations Acts:
          (1) the Agriculture, Rural Development, Food and Drug 
        Administration, and Related Agencies Appropriations 
        Act, 1998;
          (2) the Departments of Commerce, Justice, and State, 
        the Judiciary, and Related Agencies Appropriations Act, 
        1998, notwithstanding section 15 of the State 
        Department Basic Authorities Act of 1956, section 701 
        of the United States Information and Educational 
        Exchange Act of 1948, section 313 of the Foreign 
        Relations Authorization Act, Fiscal Years 1994 and 1995 
        (Public Law 103-236), and section 53 of the Arms 
        Control and Disarmament Act;
          (3) the Department of Defense Appropriations Act, 
        1998, notwithstanding section 504(a)(1) of the National 
        Security Act of 1947;
          (4) the District of Columbia Appropriations Act, 
        1998, the House and Senate reported versions of which 
        shall be deemed to have passed the House and the Senate 
        respectively as of October 1, 1997, for the purposes of 
        this joint resolution, unless a reported version is 
        passed as of October 1, 1997, in which case the passed 
        version shall be used in place of the reported version 
        for the purposes of this joint resolution;
          (5) the Energy and Water Development Appropriations 
        Act, 1998;
          (6) the Foreign Operations, Export Financing, and 
        Related Programs Appropriations Act, 1998, 
        notwithstanding section 10 of Public Law 91-672 and 
        section 15(a) of the State Department Basic Authorities 
        Act of 1956;
          (7) the Department of the Interior and Related 
        Agencies Appropriations Act, 1998;
          (8) the Departments of Labor, Health and Human 
        Services, and Education, and Related Agencies 
        Appropriations Act, 1998;
          (9) the Legislative Branch Appropriations Act, 1998;
          (10) the Military Construction Appropriations Act, 
        1998;
          (11) the Department of Transportation Appropriations 
        Act, 1998;
          (12) the Treasury, Postal Service, and General 
        Government Appropriations Act, 1998; and
          (13) the Departments of Veterans Affairs and Housing 
        and Urban Development, and Independent Agencies 
        Appropriations Act, 1998:
    Provided, That whenever the amount which would be made 
available or the authority which would be granted in these Acts 
as passed by the House and Senate as of October 1, 1997, is 
different than that which would be available or granted under 
current operations, the pertinent project or activity shall be 
continued at a rate for operations not exceeding the current 
rate: Provided further, That whenever the amount of the budget 
request is less than the amount for current operations and the 
amount which would be made available or the authority which 
would be granted in these appropriations Acts as passed by the 
House and Senate as of October 1, 1997, is less than the amount 
for current operations, then the pertinent project or activity 
shall be continued at a rate for operations not exceeding the 
greater of the rates that would be provided by the amount of 
the budget request or the amount which would be made available 
or the authority which would be granted in these appropriations 
Acts: Provided further, That whenever there is no amount made 
available under any of these appropriations Acts as passed by 
the House and Senate as of October 1, 1997, for a continuing 
project or activity which was conducted in fiscal year 1997 and 
for which there is fiscal year 1998 funding included in the 
budget request, the pertinent project or activity shall be 
continued at a rate for operations not exceeding the lesser of 
the rates that would be provided by the amount of the budget 
request or the rate for current operations under the authority 
and conditions provided in the applicable appropriations Act 
for the fiscal year 1997.
    (b) Whenever the amount which would be made available or 
the authority which would be granted under an Act listed in 
this section as passed by the House as of October 1, 1997, is 
different from that which would be available or granted under 
such Act as passed by the Senate as of October 1, 1997, the 
pertinent project or activity shall be continued at a rate for 
operations not exceeding the current rate under the 
appropriation, fund, or authority granted by the applicable 
appropriations Act for the fiscal year 1998 and under the 
authority and conditions provided in the applicable 
appropriations Act for the fiscal year 1997: Provided, That 
whenever the amount of the budget request is less than the 
amount for current operations and the amounts which would be 
made available or the authority which would be granted in these 
appropriations Acts as passed by the House and the Senate as of 
October 1, 1997, are both less than the amount for current 
operations, then the pertinent project or activity shall be 
continued at a rate for operations not exceeding the greater of 
the rates that would be provided by the amount of the budget 
request or the amount which would be made available or the 
authority which would be granted in the applicable 
appropriations Act as passed by the House or as passed by the 
Senate under the appropriation, fund, or authority provided in 
the applicable appropriations Act for the fiscal year 1998 and 
under the authority and conditions provided in the applicable 
appropriations Act for the fiscal year 1997.
    (c) Whenever an Act listed in this section has been passed 
by only the House or only the Senate as of October 1, 1997, the 
pertinent project or activity shall be continued under the 
appropriation, fund, or authority granted by the one House at a 
rate for operations not exceeding the current rate and under 
the authority and conditions provided in the applicable 
appropriations Act for the fiscal year 1997: Provided, That 
whenever the amount of the budget request is less than the 
amount for current operations and the amounts which would be 
made available or the authority which would be granted in the 
appropriations Act as passed by the one House as of October 1, 
1997, is less than the amount for current operations, then the 
pertinent project or activity shall be continued at a rate for 
operations not exceeding the greater of the rates that would be 
provided by the amount of the budget request or the amount 
which would be made available or the authority which would be 
granted in the applicable appropriations Act as passed by the 
one House under the appropriation, fund, or authority provided 
in the applicable appropriations Act for the fiscal year 1998 
and under the authority and conditions provided in the 
applicable appropriations Act for the fiscal year 1997: 
Provided further, That whenever there is no amount made 
available under any of these appropriations Acts as passed by 
the House or the Senate as of October 1, 1997, for a continuing 
project or activity which was conducted in fiscal year 1997 and 
for which there is fiscal year 1998 funding included in the 
budget request, the pertinent project or activity shall be 
continued at a rate for operations not exceeding the lesser of 
the rates that would be provided by the amount of the budget 
request or the rate for current operations under the authority 
and conditions provided in the applicable appropriations Act 
for the fiscal year 1997.
    Sec. 102. No appropriation or funds made available or 
authority granted pursuant to section 101 for the Department of 
Defense shall be used for new production of items not funded 
for production in fiscal year 1997 or prior years, for the 
increase in production rates above those sustained with fiscal 
year 1997 funds, or to initiate, resume, or continue any 
project, activity, operation, or organization which are defined 
as any project, subproject, activity, budget activity, program 
element, and subprogram within a program element and for 
investment items are further defined as a P-1 line item in a 
budget activity within an appropriation account and an R-1 line 
item which includes a program element and subprogram element 
within an appropriation account, for which appropriations, 
funds, or other authority were not available during the fiscal 
year 1997: Provided, That no appropriation or funds made 
available or authority granted pursuant to section 101 for the 
Department of Defense shall be used to initiate multi-year 
procurements utilizing advance procurement funding for economic 
order quantity procurement unless specifically appropriated 
later.
    Sec. 103. Appropriations made by section 101 shall be 
available to the extent and in the manner which would be 
provided by the pertinent appropriations Act.
    Sec. 104. No appropriation or funds made available or 
authority granted pursuant to section 101 shall be used to 
initiate or resume any project or activity for which 
appropriations, funds, or other authority were not available 
during the fiscal year 1997.
    Sec. 105. No provision which is included in an 
appropriations Act enumerated in section 101 but which was not 
included in the applicable appropriations Act for fiscal year 
1997 and which by its terms is applicable to more than one 
appropriation, fund, or authority shall be applicable to any 
appropriation, fund, or authority provided in this joint 
resolution.
    Sec. 106. Unless otherwise provided for in this joint 
resolution or in the applicable appropriations Act, 
appropriations and funds made available and authority granted 
pursuant to this joint resolution shall be available until: (1) 
enactment into law of an appropriation for any project or 
activity provided for in this joint resolution; or (2) the 
enactment into law of the applicable appropriations Act by both 
Houses without any provision for such project or activity; or 
(3) November 26, 1997,\1\ whichever first occurs.

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    \1\ Public Law 105-64 (111 Stat. 1343) provided that ``section 
106(3) of Public Law 105-46 is amended by striking `October 23, 1997' 
and inserted in lieu thereof `November 7, 1997', and each provision 
amended by sections 118, 122, and 123 of such public law shall be 
applied as if `November 7, 1997' was substituted for `October 23, 
1997'.''.
    Subsequently, the following Public Laws made a similar amendment, 
extending the authority of this continuing resolution as shown: Public 
Law 105-68 (111 Stat. 1453), extending November 7, 1997, to November 9, 
1997; Public Law 105-69 (111 Stat. 1454), extending November 9, 1997, 
to November 10, 1997; Public Law 105-71 (111 Stat. 1456), extending 
November 10, 1997, to November 14, 1997; and Public Law 105-84 (111 
Stat. 1628), extending November 14, 1997, to November 26, 1997.
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    Sec. 107. Appropriations made and authority granted 
pursuant to this joint resolution shall cover all obligations 
or expenditures incurred for any program, project, or activity 
during the period for which funds or authority for such project 
or activity are available under this joint resolution.
    Sec. 108. Expenditures made pursuant to this joint 
resolution shall be charged to the applicable appropriation, 
fund, or authorization whenever a bill in which such applicable 
appropriation, fund, or authorization is contained is enacted 
into law.
    Sec. 109. No provision in the appropriations Act for the 
fiscal year 1998 referred to in section 101 of this Act that 
makes the availability of any appropriation provided therein 
dependent upon the enactment of additional authorizing or other 
legislation shall be effective before the date set forth in 
section 106(3) of this joint resolution.
    Sec. 110. Appropriations and funds made available by or 
authority granted pursuant to this joint resolution may be used 
without regard to the time limitations for submission and 
approval of apportionments set forth in section 1513 of title 
31, United States Code, but nothing herein shall be construed 
to waive any other provision of law governing the apportionment 
of funds.
    Sec. 111. This joint resolution shall be implemented so 
that only the most limited funding action of that permitted in 
the joint resolution shall be taken in order to provide for 
continuation of projects and activities.
    Sec. 112. Notwithstanding any other provision of this joint 
resolution, except section 106, for those programs that had 
high initial rates of operation or complete distribution of 
fiscal year 1997 appropriations at the beginning of that fiscal 
year because of distributions of funding to States, foreign 
countries, grantees or others, similar distributions of funds 
for fiscal year 1998 shall not be made and no grants shall be 
awarded for such programs funded by this resolution that would 
impinge on final funding prerogatives.
    Sec. 113.\2\ Notwithstanding any other provision of this 
joint resolution, except section 106, the amount made available 
to the Securities and Exchange Commission, under the heading 
Salaries and Expenses, shall include, in addition to direct 
appropriations, the amount it collects under the fee rate and 
offsetting collection authority contained in Public Law 104-
208, which fee rate and offsetting collection authority shall 
remain in effect during the period of this joint resolution.

-----------------------------------------------------------------------
    \2\ 15 U.S.C. 77f note.
-----------------------------------------------------------------------

    Sec. 114. Notwithstanding any other provision of this joint 
resolution, except section 106, the rate for operations for 
projects and activities that would be funded under the heading 
``International Organizations and Conferences, Contributions to 
International Organizations'' in the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1998, shall be the amount provided by the 
provisions of section 101 multiplied by the ratio of the number 
of days covered by this resolution to 365.
    Sec. 115. Notwithstanding any other provision of this joint 
resolution, except section 106, the amounts made available for 
the following new programs authorized by the National Capital 
Revitalization and Self-Government Act of 1997, Public Law 105-
33, shall be the higher of the amounts in the budget request or 
the House or Senate District of Columbia Appropriations Act, 
1998, passed as of October 1, 1997, multiplied by the ratio of 
the number of days covered by this joint resolution to 365: 
Federal Contribution to the Operations of the Nation's Capital; 
Federal Payment to the District of Columbia Corrections Trustee 
Operations; Payment to the District of Columbia Corrections 
Trustee for Correctional Facilities, Construction and Repair, 
and Federal Payment to the District of Columbia Criminal 
Justice System: Provided, That the amounts made available for 
the last item shall be made available to the Joint Committee on 
Judicial Administration in the District of Columbia; the 
District of Columbia Truth in Sentencing Commission; the 
Pretrial Services, Defense Services, Parole, Adult Probation, 
and Offender Supervision Trustee; and the United States Parole 
Commission, as appropriate.
    Sec. 116.\3\ Notwithstanding any other provision of this 
joint resolution, except section 106, the authorities provided 
under subsection (a) of section 140 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
236) shall remain in effect during the period of this Act, 
notwithstanding paragraphs (3) and (5) of said subsection.

-----------------------------------------------------------------------
    \3\ 8 U.S.C. 1351 note.
-----------------------------------------------------------------------

    Sec. 117. Notwithstanding any other provision of this joint 
resolution, except section 106, the authorities provided under 
217 of the Immigration and Nationality Act (8 U.S.C. 1187) 
shall remain in effect during the period of this joint 
resolution, notwithstanding subsection (f) of said section.
    Sec. 118. The National Flood Insurance Act of 1968 (42 
U.S.C. 4026) is amended in section 1319 by striking ``September 
30, 1997'' and inserting ``October 23, 1997'' and in section 
1336 by striking ``September 30, 1996'' and inserting ``October 
23, 1997''.\1\
    Sec. 119. Notwithstanding section 204 of the Financial 
Responsibility and Management Assistance Act of 1995 related to 
the latest maturity date for the short-term Treasury advances, 
the District of Columbia government may delay repayment of the 
1997 Treasury advances beyond October 1, 1997 until it receives 
the full year Federal contribution, as authorized by section 
11601 of the National Capital Revitalization and Self-
Government Improvement Act of 1997, Public Law 105-33. Any 
interest or penalties that would generally apply to such late 
payments are hereby waived under this provision.
    Sec. 120. In addition to the amounts made available for the 
Veterans Health Administration, Medical Care account pursuant 
to section 101 of this joint resolution, this account is also 
available for necessary administrative and legal expenses of 
the Department for collecting and recovering amounts owed the 
Department as authorized under 38 U.S.C. chapter 17, and the 
Federal Medical Care Recovery Act, 42 U.S.C. 2651 et seq.
    Sec. 121. Notwithstanding section 235(a)(3) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2195(a)(3)), the authority of 
section 235(a)(1) and (2), of the same Act, shall remain in 
effect during the period of this joint resolution.
    Sec. 122. Section 7 of the Export-Import Bank Act of 1945 
(12 U.S.C.635f) is amended by striking ``1997'' and inserting 
``October 23, 1997''.\1\
    Sec. 123. Section 506(c) of Public Law 103-317 is amended 
by striking ``September 30, 1997'' and inserting ``October 23, 
1997''.\1\



  c. 1997 Emergency Supplemental Appropriations Act for Recovery From 
  Natural Disaster, and for Overseas Peacekeeping Efforts, Including 
                            Those in Bosnia

Partial text of Public Law 105-18 [H.R. 1871], 111 Stat. 158, approved 
                             June 12, 1997

 An Act Making emergency supplemental appropriations for recovery from 
  natural disasters, and for overseas peacekeeping efforts, including 
those in Bosnia, for the fiscal year ending September 30, 1997, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
    That the following sums are appropriated, out of any money 
in the Treasury not otherwise appropriated, for recovery from 
natural disasters, and for overseas peacekeeping efforts, 
including those in Bosnia, for the fiscal year ending September 
30, 1997, and for other purposes, namely:

 TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE DEPARTMENT OF 
                                DEFENSE

                               CHAPTER 1

                    DEPARTMENT OF DEFENSE--MILITARY

        *        *        *        *        *        *        *        

                       OPERATION AND MAINTENANCE

             Overseas Contingency Operations Transfer Fund

    For an additional amount for ``Overseas Contingency 
Operations Transfer Fund'', $1,430,100,000: Provided, That the 
Secretary of Defense may transfer these funds only to 
Department of Defense operation and maintenance accounts: 
Provided further, That the funds transferred shall be merged 
with and shall be available for the same purposes and for the 
same time period, as the appropriation to which transferred: 
Provided further, That the transfer authority provided in this 
paragraph is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That 
such amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

        *        *        *        *        *        *        *        

                     GENERAL PROVISIONS, CHAPTER 1

        *        *        *        *        *        *        *        

    Sec. 103. In addition to the amounts appropriated in title 
II of the Department of Defense Appropriations Act, 1997 (as 
contained in section 101(b) of Public Law 104-208), under the 
heading ``Operation and Maintenance, Defense-Wide'', 
$10,000,000 is hereby appropriated and made available only for 
force protection and counter-terrorism initiatives.
    Sec. 104. In addition to the amounts provided in Public Law 
104-208, $25,800,000 is appropriated under the heading 
``Overseas Humanitarian, Disaster and Civic Aid'': Provided, 
That from the funds available under that heading, the Secretary 
of Defense shall make a grant in the amount of $25,800,000 to 
the American Red Cross for Armed Forces emergency services.
    Sec. 105. Report on Cost and Source of Funds for Military 
Activities Relating to Bosnia.--(a) Not later than 60 days 
after enactment of this Act, the President shall submit to 
Congress the report described in subsection (b).
    (b) Report Elements.--The report referred to in subsection 
(a) shall include the following:
          (1) A detailed description of the estimated 
        cumulative cost of all United States activities 
        relating to Bosnia after December 1, 1995, including--
                  (A) the cost of all deployments, training 
                activities, and mobilization and other 
                preparatory activities of the Armed Forces; and
                  (B) the cost of all other activities relating 
                to United States policy toward Bosnia, 
                including humanitarian assistance, 
                reconstruction assistance, aid and other 
                financial assistance, the rescheduling or 
                forgiveness of bilateral or multilateral aid, 
                in-kind contributions, and any other activities 
                of the United States Government.
          (2) A detailed accounting of the source of funds 
        obligated or expended to meet the costs described in 
        paragraph (1), including--
                  (A) in the case of expenditures of funds of 
                Department of Defense, a breakdown of such 
                expenditures by military service or defense 
                agency, line item, and program; and
                  (B) in the case of expenditures of funds of 
                other departments and agencies of the United 
                States, a breakdown of such expenditures by 
                department or agency and by program.

        *        *        *        *        *        *        *        

                               CHAPTER 2

                              RESCISSIONS

                    DEPARTMENT OF DEFENSE--MILITARY

        *        *        *        *        *        *        *        

                  Former Soviet Union Threat Reduction

                              (rescission)

    Of the funds made available under this heading in Public 
Law 104-208, $2,000,000 are rescinded.\1\

-----------------------------------------------------------------------
    \1\ Public Law 104-208 provided $327,900,000 under this heading.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

        *        *        *        *        *        *        *        

           Chemical Agents and Munitions Destruction, Defense

                             (rescissions)

    Of the funds made available under this heading in Public 
Law 103-335, $456,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-61, $20,652,000 are rescinded.
    Of the funds made available under this heading in Public 
Law 104-208, $27,000,000 are rescinded.\2\

-----------------------------------------------------------------------
    \2\ Public Law 103-335 provided $575,449,000 under this 
heading.Public Law 104-61 provided $ 672,250,000; and Public Law 104-
208 provided $758,447,000.
-----------------------------------------------------------------------

         Drug Interdiction and Counter-Drug Activities, Defense

    Of the funds made available under this heading in Public 
Law 104-208, $2,000,000 are rescinded.\3\

-----------------------------------------------------------------------
    \3\ Public Law 104-208 provided $807,800,000 under this heading.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                               CHAPTER 3

                     GENERAL PROVISIONS--THIS TITLE

        *        *        *        *        *        *        *        

    Sec. 302. Notwithstanding section 3612(a) of title 22, 
United States Code, the incumbent may continue to serve as the 
Secretary of Defense designee on the Board of the Panama Canal 
Commission if he retires as an officer of the Department of 
Defense, until and unless the Secretary of Defense designates 
another person to serve in this position.

        *        *        *        *        *        *        *        

   TITLE II--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY FROM 
                           NATURAL DISASTERS

        *        *        *        *        *        *        *        

                               CHAPTER 4

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS

    Sec. 4001. The President may waive the minimum funding 
requirements contained in subsection (k) under the heading 
``Assistance for the New Independent States of the Former 
Soviet Union'' contained in the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1997, as 
included in Public Law 104-208, for activities for the 
government of Ukraine funded in that subsection, if he 
determines and so reports to the Committees on Appropriations 
that the government of Ukraine: \4\

-----------------------------------------------------------------------
    \4\ Public Law 104-208, as amended, provided the following:

 ``assistance for the new independent states of the former soviet union

        *        *        *        *        *        *        *        

    ``(k) Of the funds made available under this heading, up to 
$225,000,000 shall be made available for Ukraine, of which funds not 
less than $25,000,000 shall be made available to carry out United 
States decommissioning obligations regarding the Chornobyl [sic] plant 
made in the Memorandum of Understanding between the Government of 
Ukraine and the G-7 Group: Provided, That not less than $35,000,000 
shall be made available for agricultural projects, including those 
undertaken through the Food Systems Restructuring Program, which 
leverage private sector resources with United States Government 
assistance: Provided further, That $5,000,000 shall be available for a 
small business incubator project: Provided further, That $5,000,000 
shall be made available for screening and treatment of childhood mental 
and physical illnesses related to Chornobyl radiation: Provided 
further, That $5,000,000 shall be available only for a land and 
resource management institute to identify nuclear contamination at 
Chornobyl: Provided further, That $15,000,000 shall be available for 
the legal restructuring necessary to support a decentralized market-
oriented economic system, including enactment of necessary substantive 
commercial law, implementation of reforms necessary to establish an 
independent judiciary and bar, legal education for judges, attorneys, 
and law students, and education of the public designed to promote 
understanding of a law-based economy.''.
-----------------------------------------------------------------------

          (1) has not made progress toward implementation of 
        comprehensive economic reform;
          (2) is not taking steps to ensure that United States 
        businesses and individuals are able to operate 
        according to generally accepted business principles; or
          (3) is not taking steps to cease the illegal dumping 
        of steel plate.

        *        *        *        *        *        *        *        




     d. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 1997

Partial text of Public Law 104-208 [Omnibus Consolidated Appropriations 
Act, 1997; H.R. 3610], 110 Stat. 3009, approved September 30, 1996; as 
 amended by Public Law 105-118 [Foreign Operations, Export Financing, 
 and Related Programs Appropriations Act, 1998; H.R. 2159], 111 Stat. 
                    2386, approved November 26, 1997

        *        *        *        *        *        *        *        

    Sec. 101. * * *
    (c) For programs, projects or activities in the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1997, provided as follows, to be effective 
as if it had been enacted into law as the regular 
appropriations Act:

    AN ACT Making appropriations for the foreign operations, export 
 financing, and related programs for the fiscal year ending September 
                    30, 1997, and for other purposes

        *        *        *        *        *        *        *        

                      TITLE V--GENERAL PROVISIONS

        *        *        *        *        *        *        *        

    restrictions on the termination of sanctions against serbia and 
                               montenegro

    Sec. 540.\1\ (a) Restrictions.--Notwithstanding any other 
provision of law, no sanction, prohibition, or requirement 
described in section 1511 of the National Defense Authorization 
Act for Fiscal Year 1994 (Public Law 103-160),\2\ with respect 
to Serbia or Montenegro, may cease to be effective, unless--

-----------------------------------------------------------------------
    \1\ 50 U.S.C. 1701 note.
    \2\ For text, see Legislation on Foreign Relations Through 1997, 
vol. I-B.
-----------------------------------------------------------------------

          (1) the President first submits to the Congress a 
        certification described in subsection (b); and
          (2) the requirements of section 1511 of that Act are 
        met.
    (b) Certification.--A certification described in this 
subsection is a certification that--
          (1) there is substantial progress toward--
                  (A) the realization of a separate identity 
                for Kosova and the rights of the people of 
                Kosova to govern themselves; or
                  (B) the creation of an international 
                protectorate for Kosova;
          (2) there is substantial improvement in the human 
        rights situation in Kosova; and
          (3) international human rights observers are allowed 
        to return to Kosova; and
          (4) the elected government of Kosova is permitted to 
        meet and carry out its legitimate mandate as elected 
        representatives of the people of Kosova.
    (c) \3\ Waiver Authority.--The President may waive the 
application in whole or in part, of subsection (a) if the 
President certifies to the Congress that the President has 
determined that the waiver is necessary to meet emergency 
humanitarian needs or to achieve a negotiated settlement of the 
conflict in Bosnia and Herzegovina that is acceptable to the 
parties.

-----------------------------------------------------------------------
    \3\ On May 30, 1997, the President ``determined that the waiver of 
the application of the prohibition in section 1511(b) of Public Law 
103-160 and of the application of section 540(a) of the [Foreign 
Operations, Export Financing, and Related Programs Appropriations] Act 
is necessary to achieve a negotiated settlement of the conflict in 
Bosnia and Herzegovina that is acceptable to the parties, to the extent 
that such provisions apply to the furnishing of assistance to 
facilitate destruction of military equipment. Therefore I hereby waive 
the application of these provisions with respect to such assistance.'' 
(Presidential Determination No. 97-26; 62 F.R. 32015).
    See also sec. 1511 of Public Law 103-160, and notes, in Legislation 
on Foreign Relations Through 1997, vol. I-B.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                          policy toward burma

    Sec. 570.\4\ (a) Until such time as the President 
determines and certifies to Congress that Burma has made 
measurable and substantial progress in improving human rights 
practices and implementing democratic government, the following 
sanctions shall be imposed on Burma:

-----------------------------------------------------------------------
    \4\ See related sanctions materials in Legislation on Foreign 
Relations Through 1997, vol. III.
-----------------------------------------------------------------------

          (1) Bilateral assistance.--There shall be no United 
        States assistance to the Government of Burma, other 
        than:
                  (A) humanitarian assistance,
                  (B) subject to the regular notification 
                procedures of the Committees on Appropriations, 
                counter-narcotics assistance under chapter 8 of 
                part I of the Foreign Assistance Act of 1961, 
                or crop substitution assistance, if the 
                Secretary of State certifies to the appropriate 
                congressional committees that--
                          (i) the Government of Burma is fully 
                        cooperating with United States counter-
                        narcotics efforts, and
                          (ii) the programs are fully 
                        consistent with United States human 
                        rights concerns in Burma and serve the 
                        United States national interest, and
                  (C) assistance promoting human rights and 
                democratic values.
          (2) Multilateral assistance.--The Secretary of the 
        Treasury shall instruct the United States executive 
        director of each international financial institution to 
        vote against any loan or other utilization of funds of 
        the respective bank to or for Burma.
          (3) Visas.--Except as required by treaty obligations 
        or to staff the Burmese mission to the United States, 
        the United States should not grant entry visas to any 
        Burmese government official.
    (b) Conditional Sanctions.--The President is hereby 
authorized to prohibit, and shall prohibit United States 
persons from new investment in Burma, if the President 
determines and certifies to Congress that, after the date of 
enactment of this Act, the Government of Burma has physically 
harmed, rearrested for political acts, or exiled Daw Aung San 
Suu Kyi or has committed large-scale repression of or violence 
against the Democratic opposition.
    (c) Multilateral Strategy.--The President shall seek to 
develop, in coordination with members of ASEAN and other 
countries having major trading and investment interests in 
Burma, a comprehensive, multilateral strategy to bring 
democracy to and improve human rights practices and the quality 
of life in Burma, including the development of a dialogue 
between the State Law and Order Restoration Council (SLORC) and 
democratic opposition groups within Burma.
    (d) \5\ Presidential Reports.--Every six months following 
the enactment of this Act, the President shall report to the 
Chairmen of the Committee on Foreign Relations, the Committee 
on International Relations and the House and Senate 
Appropriations Committees on the following:

-----------------------------------------------------------------------
    \5\ The President filed a report pursuant to this section with 
Presidential Determination No. 97-29 of June 13, 1997 (62 F.R. 34157); 
and Presidential Determination No. 98-6 of December 2, 1997 (62 F.R. 
65005).
-----------------------------------------------------------------------

          (1) progress toward democratization in Burma;
          (2) progress on improving the quality of life of the 
        Burmese people, including progress on market reforms, 
        living standards, labor standards, use of forced labor 
        in the tourism industry, and environmental quality; and
          (3) progress made in developing the strategy referred 
        to in subsection (c).
    (e) Waiver Authority.--The President shall have the 
authority to waive, temporarily or permanently, any sanction 
referred to in subsection (a) or subsection (b) if he 
determines and certifies to Congress that the application of 
such sanction would be contrary to the national security 
interests of the United States.
    (f) Definitions.--
          (1) The term ``international financial institutions'' 
        shall include the International Bank for Reconstruction 
        and Development, the International Development 
        Association, the International Finance Corporation, the 
        Multilateral Investment Guarantee Agency, the Asian 
        Development Bank, and the International Monetary Fund.
          (2) The term ``new investment'' shall mean any of the 
        following activities if such an activity is undertaken 
        pursuant to an agreement, or pursuant to the exercise 
        of rights under such an agreement, that is entered into 
        with the Government of Burma or a nongovernmental 
        entity in Burma, on or after the date of the 
        certification under subsection (b):
                  (A) the entry into a contract that includes 
                the economical development of resources located 
                in Burma, or the entry into a contract 
                providing for the general supervision and 
                guarantee of another person's performance of 
                such a contract;
                  (B) the purchase of a share of ownership, 
                including an equity interest, in that 
                development;
                  (C) the entry into a contract providing for 
                the participation in royalties, earnings, or 
                profits in that development, without regard to 
                the form of the participation:

        Provided, That the term ``new investment'' does not 
        include the entry into, performance of, or financing of 
        a contract to sell or purchase goods, services, or 
        technology.

        *        *        *        *        *        *        *        

                        transparency of budgets

    Sec. 576.\6\ (a) Limitation.--Beginning three years after 
the date of the enactment of this Act, the Secretary of the 
Treasury shall instruct the United States Executive Director of 
each international financial institution to use the voice and 
vote of the United States to oppose any loan or other 
utilization of the funds of their respective institution, other 
than to address basic human needs, for the government of any 
country which the Secretary of the Treasury determines--

-----------------------------------------------------------------------
    \6\ 22 U.S.C. 262k-1.
-----------------------------------------------------------------------

          (1) \7\ does not have in place a functioning system 
        for reporting to civilian authorities audits of 
        receipts and expenditures that fund activities of the 
        armed forces and security forces;

-----------------------------------------------------------------------
    \7\ Sec. 572(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2430), amended and restated subsec. (a)(1). It formerly read as 
follows:
    ``(1) does not have in place a functioning system for a civilian 
audit of all receipts and expenditures that fund activities of the 
armed forces and security forces;''.
-----------------------------------------------------------------------

          (2) \8\ has not provided to the institution 
        information about the audit process requested by the 
        institution.

-----------------------------------------------------------------------
    \8\ Sec. 572(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2430), amended and restated subsec. (a)(2). It formerly read as 
follows:
    ``(2) has not provided a summary of a current audit to the 
institution.''.
-----------------------------------------------------------------------

    (b) Definition.--For purposes of this section, the term 
``international financial institution'' shall include the 
institutions identified in section 532(b) of this Act.

        *        *        *        *        *        *        *        

                       female genital mutilation

    Sec. 579.\9\ (a) Limitation.--Beginning 1 year after the 
date of the enactment of this Act, the Secretary of the 
Treasury shall instruct the United States Executive Director of 
each international financial institution to use the voice and 
vote of the United States to oppose any loan or other 
utilization of the funds of their respective institution, other 
than to address basic human needs, for the government of any 
country which the Secretary of the Treasury determines--

-----------------------------------------------------------------------
    \9\ 22 U.S.C. 262k-2.
-----------------------------------------------------------------------

          (1) has, as a cultural custom, a known history of the 
        practice of female genital mutilation; and
          (2) has not taken steps to implement educational 
        programs designed to prevent the practice of female 
        genital mutilation.
    (B) Definition.--For purposes of this section, the term 
``international financial institution'' shall include the 
institutions identified in section 532(b) of this Act.

        *        *        *        *        *        *        *        

                              north korea

    Sec. 585. Ninety days after the date of enactment of this 
Act, and every 180 days thereafter, the Secretary of State, in 
consultation with the Secretary of Defense, shall provide a 
report in a classified or unclassified form to the Committee on 
Appropriations including the following information:
          (a) a best estimate on fuel used by the military 
        forces of the Democratic People's Republic of Korea 
        (DPRK);
          (b) the deployment position and military training and 
        activities of the DPRK forces and best estimate of the 
        associated costs of these activities;
          (c) steps taken to reduce the DPRK level of forces; 
        and
          (d) cooperation, training, or exchanges of 
        information, technology or personnel between the DPRK 
        and any other nation supporting the development or 
        deployment of a ballistic missile capability.

        *        *        *        *        *        *        *        

         civil liability for acts of state sponsored terrorism

    Sec. 589. (a) an \10\ official, employee, or agent of a 
foreign state designated as a state sponsor of terrorism 
designated under section 6(j) of the Export Administration Act 
of 1979 while acting within the scope of his or her office, 
employment, or agency shall be liable to a United States 
national or the national's legal representative for personal 
injury or death caused by acts of that official, employee, or 
agent for which the courts of the United States may maintain 
jurisdiction under section 1605(a)(7) of title 28, United 
States Code, for money damages which may include economic 
damages, solatium, pain, and suffering, and punitive damages if 
the acts were among those described in section 1605(a)(7).

-----------------------------------------------------------------------
    \10\ As enrolled.
-----------------------------------------------------------------------

    (b) Provisions related to statute of limitations and 
limitations on discovery that would apply to an action brought 
under 28 U.S.C. 1605(f) and (g) shall also apply to actions 
brought under this section. No action shall be maintained under 
this action if an official, employee, or agent of the United 
States, while acting within the scope of his or her office, 
employment, or agency would not be liable for such acts if 
carried out within the United States.
    Titles I through V of this Act may be cited as the 
``Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1997''.\11\

-----------------------------------------------------------------------
    \11\ In sec. 101(c) of title I of the Omnibus Consolidated 
Appropriations Act, 1997 (Public Law 104-208), see also title VI for 
the ``NATO Enlargement Facilitation Act of 1996,'' in Legislation on 
Foreign Relations Through 1997, vol. II; and title VII for the ``Bank 
for Economic Cooperation and Development in the Middle East Development 
and North Africa Act,'' in vol. III.
-----------------------------------------------------------------------



     e. Foreign Operations, Export Financing, and Related Programs 
                      Appropriations Act, 1996 \1\

 Partial text of H.R. 1868 as reported by conference and passed by the 
 House of Representatives on October 31, 1995, amended and enacted by 
    reference in section 301 of Public Law 104-99 [Balanced Budget 
  Downpayment Act, I; H.R. 2880], 110 Stat. 26, approved January 26, 
 1996; enacted again as Public Law 104-107 [H.R. 1868], 110 Stat. 704, 
                       approved February 12, 1996

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1996, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1996, and for other purposes, namely:

-----------------------------------------------------------------------
    \1\ See also: Further Continuing Appropriations, Fiscal Year 1996 
(Public Law 104-122; 110 Stat. 876); and Omnibus Consolidated 
Rescissions and Appropriations Act of 1996 (Public Law 104-134; 110 
Stat. 1321, as amended by Public Law 104-140 (110 Stat. 1327).
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

              annual report on economic and social growth

    Sec. 574.\2\ (a) Reporting Requirement.--The President 
shall submit to the appropriate congressional committees an 
annual report providing a concise overview of the prospects for 
economic and social growth on a broad, equitable, and 
sustainable basis in the countries receiving economic 
assistance under title II of this Act. For each country, the 
report shall discuss the laws, policies and practices of that 
country that most contribute to or detract from the achievement 
of this kind of growth. The report should address relevant 
macroeconomic, microeconomic, social, legal, environmental, and 
political factors and include criteria regarding wage and price 
controls, State ownership of production and distribution, State 
control of financial institutions, trade and foreign 
investment, capital and profit repatriation, tax and private 
property protections and a country's commitment to stimulate 
education, health and human development.

-----------------------------------------------------------------------
    \2\ 22 U.S.C. 2394 note.
-----------------------------------------------------------------------

    (b) Countries.--The countries referred to in subsection (a) 
are countries--
          (1) for which in excess of $5,000,000 has been 
        obligated during the previous fiscal year for 
        assistance under sections 103 through 106, chapters 10 
        and 11 of part I, and chapter 4 of part II of the 
        Foreign Assistance of 1961, and under the Support for 
        East European Democracy Act of 1989; or
          (2) for which in excess of $1,000,000 has been 
        obligated during the previous fiscal year by the 
        Overseas Private Investment Corporation.
    (c) Consultation.--The Secretary of State shall submit the 
report required by subsection (a) in consultation with the 
Secretary of the Treasury, the Administrator of the Agency for 
International Development, and the President of the Overseas 
Private Investment Corporation. The report shall be submitted 
with the annual congressional presentation for appropriations.

        *        *        *        *        *        *        *        

              moratorium on use of antipersonnel landmines

    Sec. 580.\3\ (a) United States Moratorium.--For a period of 
one year beginning three years after the date of enactment of 
this Act, the United States shall not use antipersonnel 
landmines except along internationally recognized national 
borders or in demilitarized zones within a perimeter marked 
area that is monitored by military personnel and protected by 
adequate means to ensure the exclusion of civilians.

-----------------------------------------------------------------------
    \3\ See also sec. 1423 of the National Defense Authorization Act 
for Fiscal Year 1994, and sec. 1402 of the National Defense 
Authorization Act for Fiscal Year 1996, in Legislation on Foreign 
Relations Through 1997, vol. I-B.
-----------------------------------------------------------------------

    (b) Definition and Exemptions.--For the purposes of this 
section:
          (1) Antipersonnel landmine.--The term ``antipersonnel 
        landmine'' means any munition placed under, on, or near 
        the ground or other surface area, delivered by 
        artillery, rocket, mortar, or similar means, or dropped 
        from an aircraft and which is designed, constructed or 
        adapted to be detonated or exploded by the presence, 
        proximity, or contact of a person.
          (2) Exemptions.--The term ``antipersonnel landmine'' 
        does not include command detonated Claymore munitions.

        *        *        *        *        *        *        *        

        TITLE VI--MIDDLE EAST PEACE FACILITATION ACT OF 1995 \4\

        *        *        *        *        *        *        *        

    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1996''.

-----------------------------------------------------------------------
    \4\ For text, see Legislation on Foreign Relations Through 1997, 
vol. II. In that volume, see also the Middle East Peace Facilitation 
Act of 1994 and the PLO Commitments Compliance Act of 1989, as amended 
by this title.
-----------------------------------------------------------------------



   f. Emergency Supplemental Appropriations and Rescissions for the 
Department of Defense to Preserve and Enhance Military Readiness Act of 
                                  1995

  Partial text of Public Law 104-6 [H.R. 889], 109 Stat. 73, approved 
                             April 10, 1995

AN ACT Making emergency supplemental appropriations and rescissions to 
   preserve and enhance the military readiness of the Department of 
 Defense for the fiscal year ending September 30, 1995, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, to provide emergency 
supplemental appropriations for the Department of Defense to 
preserve and enhance military readiness for the fiscal year 
ending September 30, 1995, and for other purposes, namely:

        *        *        *        *        *        *        *        

             TITLE IV--MEXICAN DEBT DISCLOSURE ACT OF 1995

SEC. 401.\1\ SHORT TITLE.

    This title may be cited as the ``Mexican Debt Disclosure 
Act of 1995''.

-----------------------------------------------------------------------
    \1\ 31 U.S.C. 5302 note.
-----------------------------------------------------------------------

SEC. 402. FINDINGS.

    The Congress finds that--
          (1) Mexico is an important neighbor and trading 
        partner of the United States;
          (2) on January 31, 1995, the President approved a 
        program of assistance to Mexico, in the form of swap 
        facilities and securities guarantees in the amount of 
        $20,000,000,000, using the exchange stabilization fund;
          (3) the program of assistance involves the 
        participation of the Board of Governors of the Federal 
        Reserve System, the International Monetary Fund, the 
        Bank for International Settlements, the International 
        Bank for Reconstruction and Development, the Inter-
        American Development Bank, the Bank of Canada, and 
        several Latin American countries;
          (4) the involvement of the exchange stabilization 
        fund and the Board of Governors of the Federal Reserve 
        System means that United States taxpayer funds will be 
        used in the assistance effort to Mexico;
          (5) assistance provided by the International Monetary 
        Fund, the International Bank for Reconstruction and 
        Development, and the Inter-American Development Bank 
        may require additional United States contributions of 
        taxpayer funds to those entities;
          (6) the immediate use of taxpayer funds and the 
        potential requirement for additional future United 
        States contributions of taxpayer funds necessitates 
        congressional oversight of the disbursement of funds; 
        and
          (7) the efficacy of the assistance to Mexico is 
        contingent on the pursuit of sound economic policy by 
        the Government of Mexico.

SEC. 403. PRESIDENTIAL REPORTS.

    (a) Reporting Requirement.--Not later than June 30, 1995, 
and every 6 months thereafter, the President shall transmit to 
the appropriate congressional committees a report concerning 
all guarantees issued to, and short-term and long-term currency 
swaps with, the Government of Mexico by the United States 
Government, including the Board of Governors of the Federal 
Reserve System.
     (b) Contents of Reports.--Each report described in 
subsection (a) shall contain a description of the following 
actions taken, or economic situations existing, during the 
preceding 6-month period or, in the case of the initial report, 
during the period beginning on the date of enactment of this 
Act:
          (1) Changes in wage, price, and credit controls in 
        the Mexican economy.
          (2) Changes in taxation policy of the Government of 
        Mexico.
          (3) Specific actions taken by the Government of 
        Mexico to further privatize the economy of Mexico.
          (4) Actions taken by the Government of Mexico in the 
        development of regulatory policy that significantly 
        affected the performance of the Mexican economy.
          (5) Consultations concerning the program approved by 
        the President, including advice on economic, monetary, 
        and fiscal policy, held between the Government of 
        Mexico and the Secretary of the Treasury (including any 
        designee of the Secretary) and the conclusions 
        resulting from any periodic reviews undertaken by the 
        International Monetary Fund pursuant to the Fund's loan 
        agreements with Mexico.
          (6) All outstanding loans, credits, and guarantees 
        provided to the Government of Mexico, by the United 
        States Government, including the Board of Governors of 
        the Federal Reserve System, set forth by category of 
        financing.
          (7) The progress the Government of Mexico has made in 
        stabilizing the peso and establishing an independent 
        central bank or currency board.
    (c) Summary of Treasury Department Reports.--In addition to 
the information required to be included under subsection (b), 
each report required under this section shall contain a summary 
of the information contained in all reports submitted under 
section 404 during the period covered by the report required 
under this section.

SEC. 404. REPORTS BY THE SECRETARY OF THE TREASURY.

    (a) Reporting Requirement.--Beginning on the last day of 
the first month which begins after the date of enactment of 
this Act, and on the last day of every month thereafter, the 
Secretary of the Treasury shall submit to the appropriate 
congressional committees a report concerning all guarantees 
issued to, and short-term and long-term currency swaps with, 
the Government of Mexico by the United States Government, 
including the Board of Governors of the Federal Reserve System.
    (b) Contents of Reports.--Each report described in 
subsection (a) shall include a description of the following 
actions taken, or economic situations existing, during the 
month in which the report is required to be submitted:
          (1) The current condition of the Mexican economy.
          (2) The reserve positions of the central bank of 
        Mexico and data relating to the functioning of Mexican 
        monetary policy.
          (3) The amount of any funds disbursed from the 
        exchange stabilization fund pursuant to the program of 
        assistance to the Government of Mexico approved by the 
        President on January 31, 1995.
          (4) The amount of any funds disbursed by the Board of 
        Governors of the Federal Reserve System pursuant to the 
        program of assistance referred to in paragraph (3).
          (5) Financial transactions, both inside and outside 
        of Mexico, made during the reporting period involving 
        funds disbursed to Mexico from the exchange 
        stabilization fund or proceeds of Mexican Government 
        securities guaranteed by the exchange stabilization 
        fund.
          (6) All outstanding guarantees issued to, and short-
        term and medium-term currency swaps with, the 
        Government of Mexico by the Secretary of the Treasury, 
        set forth by category of financing.
          (7) All outstanding currency swaps with the central 
        bank of Mexico by the Board of Governors of the Federal 
        Reserve System and the rationale for, and any expected 
        costs of, such transactions.
          (8) The amount of payments made by customers of 
        Mexican petroleum companies that have been deposited in 
        the account at the Federal Reserve Bank of New York 
        established to ensure repayment of any payment by the 
        United States Government, including the Board of 
        Governors of the Federal Reserve System, in connection 
        with any guarantee issued to, or any swap with, the 
        Government of Mexico.
          (9) Any setoff by the Federal Reserve Bank of New 
        York against funds in the account described in 
        paragraph (8).
          (10) To the extent such information is available, 
        once there has been a setoff by the Federal Reserve 
        Bank of New York, any interruption in deliveries of 
        petroleum products to existing customers whose payments 
        were setoff.
          (11) The interest rates and fees charged to 
        compensate the Secretary of the Treasury for the risk 
        of providing financing.

SEC. 405. TERMINATION OF REPORTING REQUIREMENTS.

    The requirements of sections 403 and 404 shall terminate on 
the date that the Government of Mexico has paid all obligations 
with respect to swap facilities and guarantees of securities 
made available under the program approved by the President on 
January 31, 1995.

SEC. 406. PRESIDENTIAL CERTIFICATION REGARDING SWAP OF CURRENCIES TO 
                    MEXICO THROUGH EXCHANGE STABILIZATION FUND OR 
                    FEDERAL RESERVE.

    (a) In General.--Notwithstanding any other provision of 
law, no loan, credit, guarantee, or arrangement for a swap of 
currencies to Mexico through the exchange stabilization fund or 
by the Board of Governors of the Federal Reserve System may be 
extended or (if already extended) further utilized, unless and 
until the President submits to the appropriate congressional 
committees a certification that--
          (1) there is no projected cost (as defined in the 
        Credit Reform Act of 1990) to the United States from 
        the proposed loan, credit, guarantee, or currency swap;
          (2) all loans, credits, guarantees, and currency 
        swaps are adequately backed to ensure that all United 
        States funds are repaid;
          (3) the Government of Mexico is making progress in 
        ensuring an independent central bank or an independent 
        currency control mechanism;
          (4) Mexico has in effect a significant economic 
        reform effort; and
          (5) the President has provided the documents 
        described in paragraphs (1) through (28) of House 
        Resolution 80, adopted March 1, 1995.\2\

-----------------------------------------------------------------------
    \2\ For text of H.Res. 80 as adopted by the House on March 1, 1995, 
see Congressional Record, p. H2444-5.
-----------------------------------------------------------------------

    (b) Treatment of Classified or Privileged Material.--For 
purposes of the certification required by subsection (a)(5), 
the President shall specify, in the case of any document that 
is classified or subject to applicable privileges, that, while 
such document may not have been produced to the House of 
Representatives, in lieu thereof it has been produced to 
specified Members of Congress or their designees by mutual 
agreement among the President, the Speaker of the House, and 
the chairmen and ranking members of the Committee on Banking 
and Financial Services, the Committee on International 
Relations, and the Permanent Select Committee on Intelligence 
of the House.

SEC. 407. DEFINITIONS.

    For purposes of this title, the following definitions shall 
apply:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committees on International Relations and Banking and 
        Financial Services of the House of Representatives, the 
        Committees on Foreign Relations and Banking, Housing, 
        and Urban Affairs of the Senate, and the Committees on 
        Appropriations of the House of Representatives and the 
        Senate.
          (2) Exchange stabilization fund.--The term ``exchange 
        stabilization fund'' means the stabilization fund 
        referred to in section 5302(a)(1) of title 31, United 
        States Code.
    This Act may be cited as the ``Emergency Supplemental 
Appropriations and Rescissions for the Department of Defense to 
Preserve and Enhance Military Readiness Act of 1995''.



     g. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 1995

                                  and

Foreign Operations, Export Financing, and Related Programs Supplemental 
                        Appropriations Act, 1994

    Partial text of Public Law 103-306 [H.R. 4426], 108 Stat. 1608, 
   approved August 23, 1994; amended by Public Law 105-118 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
      1998; H.R. 2159], 111 Stat. 2386, approved November 26, 1997

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1995, and 
  making supplemental appropriations for such programs for the fiscal 
        year ending September 30, 1994, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for foreign operations, 
export financing, and related programs for the fiscal year 
ending September 30, 1995, and for other purposes, namely:

        *        *        *        *        *        *        *        

                     TITLE III--MILITARY ASSISTANCE

                  Funds Appropriated to the President

        *        *        *        *        *        *        *        

                    special defense acquisition fund

    Notwithstanding any provision of Public Law 102-391 as 
amended by Public Law 103-87, not to exceed $140,000,000 of the 
obligational authority provided in that Act under the heading 
``Special Defense Acquisition Fund'' may be obligated pursuant 
to section 51(c)(2) of the Arms Export Control Act.
    Not to exceed $20,000,000 may be obligated pursuant to 
section 51(c)(2) of the Arms Export Control Act for the 
purposes of closing the Special Defense Acquisition Fund, to 
remain available for obligation until September 30, 2000: \1\ 
Provided, That the authority provided in this Act is not used 
to initiate new procurements.

-----------------------------------------------------------------------
    \1\ Sec. 536 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2416), struck out ``1998'' and inserted in lieu thereof ``2000''.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

    Titles I through V may be cited as the ``Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1995''.

         TITLE VI--FISCAL YEAR 1994 SUPPLEMENTAL APPROPRIATIONS

    The following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 1994, and for other purposes, namely:

                  funds appropriated to the president

                         debt relief for jordan

    (a) Authority To Reduce Debt.--
          (1) Authority.--For fiscal year 1994 and thereafter, 
        the President is authorized to reduce or cancel amounts 
        owed to the United States or any agency of the United 
        States by the Hashemite Kingdom of Jordan as a result 
        of loans originally made or credits originally extended 
        by the United States or any agency of the United States 
        before January 1, 1994.
          (2) Appropriations requirement.--The authority 
        provided by this section may be exercised only in such 
        amounts or to such extent as is provided in advance by 
        appropriations Acts.
          (3) Certain prohibitions inapplicable.--The authority 
        of this section may be exercised notwithstanding 
        section 620(r) of the Foreign Assistance Act of 1961, 
        as amended, section 321 of the International 
        Development and Food Assistance Act of 1975, or similar 
        provisions of law. In addition, a reduction of debt 
        pursuant to this section shall not be considered 
        assistance for purposes of any provision of law 
        limiting assistance to a country.
    (b) Appropriations.--
          (1) Appropriations.--For the cost of modifying direct 
        loans, as defined in section 502 of the Congressional 
        Budget Act of 1974, for Jordan, in accordance with the 
        authority contained in this section, $99,000,000 is 
        appropriated, to remain available until September 30, 
        1994.
          (2) Fiscal year 1994.--For fiscal year 1994--
                  (A) funds appropriated under this section may 
                be used only for the cost of modifying direct 
                loans entered into under programs administered 
                by the Agency for International Development; 
                and
                  (B) such funds may be used to reduce or 
                cancel not to exceed $220,000,000 of the 
                amounts owed pursuant to such loans.
          * * * * * * *
    This title may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Supplemental Appropriations 
Act, 1994''.



     h. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 1994

Partial text of Public Law 103-87 [H.R. 2295], 107 Stat. 931, approved 
                           September 30, 1993

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1994, and 
  making supplemental appropriations for such programs for the fiscal 
        year ending September 30, 1993, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for foreign operations, 
export financing, and related programs for the fiscal year 
ending September 30, 1994, and for other purposes, namely:

        *        *        *        *        *        *        *        

                      TITLE V--GENERAL PROVISIONS

        *        *        *        *        *        *        *        

                  restriction on assistance for russia

    Sec. 577.\1\ (a) Prohibition.--None of the funds 
appropriated or otherwise made available by this Act (other 
than funds to carry out humanitarian assistance) may be 
available in any fiscal year for Russia unless the President 
has certified to the Congress not more than 6 months in advance 
of the obligation or expenditure of such funds that--

-----------------------------------------------------------------------
    \1\ The President made such determinations on December 6, 1993 
(Presidential Determination No. 94-6; 58 F.R. 65099); June 6, 1994 
(Presidential Determination No. 94-28; 59 F.R. 31107); December 6, 1994 
(Presidential Determination No. 95-8; 59 F.R. 64837); June 5, 1995 
(Presidential Determination No. 95-25; 60 F.R. 31051); and December 6, 
1995 (Presidential Determination No. 96-6; 60 F.R. 65505).
    On June 6, 1996, the President determined and certified that ``all 
of the armed forces of Russia and the Commonwealth of Independent 
States have withdrawn from Latvia and Estonia or that the status of 
those armed forces has been otherwise resolved by mutual agreement of 
the parties'' (Presidential Determination No. 96-31; 61 F.R. 30127).
-----------------------------------------------------------------------

          (1) the Government of Russia and the Governments of 
        Latvia and Estonia have established a timetable for the 
        withdrawal of the armed forces of Russia and the 
        Commonwealth of Independent States, and all parties are 
        complying with such timetable; or
          (2) Russia and the Commonwealth of Independent States 
        continue to make substantial progress toward the 
        withdrawal of their armed forces from Latvia and 
        Estonia.
    (b) Termination of Certification Requirement.--Subsection 
(a) shall remain in force until the President certifies to the 
Congress that all of the armed forces of Russia and the 
Commonwealth of Independent States have withdrawn from Latvia 
and Estonia or that the status of those armed forces has been 
otherwise resolved by mutual agreement of the parties.
    Titles I through V of this Act may be cited as the 
``Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1994''.

         TITLE VI--FISCAL YEAR 1993 SUPPLEMENTAL APPROPRIATIONS

        *        *        *        *        *        *        *        

    This title may be cited as the ``Supplemental 
Appropriations for the New Independent States of the Former 
Soviet Union Act, 1993''.



     i. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 1993

    Partial text of Public Law 102-391 [H.R. 5368], 106 Stat. 1633, 
                        approved October 6, 1992

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1993, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for foreign operations, 
export financing, and related programs for the fiscal year 
ending September 30, 1993, and for other purposes, namely:

        *        *        *        *        *        *        *        

                      TITLE V--GENERAL PROVISIONS

        *        *        *        *        *        *        *        

                              human rights

    Sec. 511. (a) * * *
    (b) \1\ Human Rights Report.--The Secretary of State shall 
also transmit the report required by section 116(d) of the 
Foreign Assistance Act of 1961 to the Committees on 
Appropriations each year by the date specified in that section: 
Provided, That each such report submitted pursuant to such 
section shall (1) include a review of each country's commitment 
to children's rights and welfare as called for by the 
Declaration of the World Summit for Children; (2) a description 
of the military expenditures of each country receiving United 
States foreign assistance, and the efforts each country is 
making to reduce those expenditures; and (3) describe the 
extent to which indigenous people are able to participate in 
decisions affecting their lands, cultures, traditions and the 
allocation of natural resources, and assess the extent of 
protection of their civil and political rights.

-----------------------------------------------------------------------
    \1\ 22 U.S.C. 2151n note.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                              environment

    Sec. 532.\2\ (a) * * *

-----------------------------------------------------------------------
    \2\ 22 U.S.C. 262l.
-----------------------------------------------------------------------

    (b) * * *
    (c)(1) In furtherance of the policies contained in section 
533(a) of Public Law 101-513 and section 1308 of the 
International Development and Finance Act of 1989 (Public Law 
101-240), and as a basis for measuring more effectively 
progress by the MDBs toward improved environmental performance, 
the Secretary of the Treasury shall instruct the United States 
Executive Directors of the MDBs to encourage each MDB, at a 
minimum, to meet the benchmarks established in paragraph (2) in 
the areas of sustainable energy development, forest 
conservation, forced displacement of populations, and 
environmental impact assessment. On March 1, 1993 and March 1, 
1994, the Secretary of the Treasury shall submit a report to 
the Congress describing in detail the progress being made by 
the MDBs in meeting these benchmarks.
    (2) For the purposes of paragraph (1), benchmarks are as 
follows:
          (A) In the area of sustainable energy development--
                  (i) all loans in the energy sector should be 
                based on, or support development of, ``least-
                cost'' integrated resource plans. Such plans 
                shall include analyses of possible end-use 
                energy efficiency measures and nonconventional 
                renewable energy options, and such plans shall 
                reflect the quantifiable environmental costs of 
                proposed energy developments;
                  (ii) a substantial portion of loans and 
                grants in the energy, industry, and 
                transportation sectors shall be devoted to end-
                use energy efficiency improvements and 
                nonconventional renewable energy development; 
                and
                  (iii) all organizational units within the 
                MDBs should create staff positions in a 
                management role in end-use efficiency and 
                renewable energy, which positions shall be 
                staffed by individuals with professional 
                experience in program design and management and 
                educational degrees in relevant technical 
                disciplines.
          (B) In the area of forest conservation--
                  (i) forestry loans should not support 
                commercial logging in relatively undisturbed 
                primary forests, nor should loans result in any 
                significant loss of tropical forests;
                  (ii) forestry loans should not be disbursed 
                until legal, economic, land tenure, and other 
                policy conditions needed to ensure 
                sustainability are in place;
                  (iii) loans should not support mineral, 
                petroleum, or other industrial development in, 
                or construction or upgrading of roads through, 
                relatively undisturbed primary forests unless 
                adequate safeguards and monitoring systems, 
                developed in consultation with local 
                populations, are already in place to prevent 
                degradation of the surrounding forests;
                  (iv) loans should be consistent with and 
                support the needs and rights of indigenous 
                peoples and other long-term forest inhabitants 
                and should not be made to countries which have 
                shown an unwillingness to resolve fairly the 
                territorial claims of such people; and
                  (v) support for protection of biological 
                diversity, in close consultation with local 
                communities, should be increased to account for 
                a larger proportion of MDB lending.
          (C) In the area of forced displacement of 
        populations--
                  (i) the World Bank, Inter-American 
                Development Bank, and Asian Development Bank 
                should maintain a listing, available to the 
                Secretary of the Treasury, of all ongoing 
                projects involving forced displacement of 
                populations, including the number of people 
                displaced and a report on the status of the 
                implementation of their resettlement policy 
                guidelines for each such project, and obtain 
                agreements with borrowers to ensure that all 
                ongoing projects involving forced displacement 
                will be in full compliance with their 
                resettlement policy guidelines by mid-1993; and
                  (ii) the African Development Bank should 
                adopt and implement policy guidelines on forced 
                displacement similar to such guidelines of the 
                other MDBs.
          (D) In the area of procedures for environmental 
        impact assessment (EIA)--
                  (i) each MDB should require that draft and 
                final EIA reports be made available to the 
                public in borrowing and donor countries and 
                that the public be offered timely opportunities 
                for comment on the EIA process, including 
                initial scoping sessions, review of EIA 
                categories assigned to individual projects, and 
                opportunities to comment on draft and final EIA 
                reports;
                  (ii) each MDB should apply EIA requirements 
                to all sector loans and develop and apply the 
                methodology for environmental assessment of 
                structural adjustment loans;
                  (iii) each MDB should require that the EIA 
                process include analyses of the potential 
                impacts of proposed projects on the global 
                environment; and
                  (iv) each MDB should require the head of the 
                appropriate environmental unit, rather than 
                project officers, determine the appropriate 
                type of environmental analysis required under 
                the bank's EIA procedures.

        *        *        *        *        *        *        *        

           notification to congress on debt relief agreements

    Sec. 548.\3\ The Secretary of State shall transmit to the 
Appropriations Committees of the Congress and to such other 
Committees as appropriate, a copy of the text of any agreement 
with any foreign government which would result in any debt 
relief no less than thirty days prior to its entry into force, 
other than one entered into pursuant to this Act, together with 
a detailed justification of the interest of the United States 
in the proposed debt relief: Provided, That the term ``debt 
relief'' shall include any and all debt prepayment, debt 
rescheduling, and debt restructuring proposals and agreements: 
Provided further, That the Secretary of State and the Secretary 
of the Treasury should in every feasible instance notify the 
Appropriations Committees of the Congress and such other 
Committees as appropriate not less than 15 days prior to any 
formal multilateral or bilateral negotiation for official debt 
restructuring, rescheduling, or relief: Provided further, That 
the Secretary of State or the Secretary of the Treasury, as 
appropriate, shall report not later than February 1 of each 
year a consolidated statement of the budgetary implications of 
all debt-related agreements entered into force during the 
preceding fiscal year.

-----------------------------------------------------------------------
    \3\ 22 U.S.C. 2395a note. Similar language through the first 
proviso was first enacted as sec. 563 of the Foreign Assistance 
Appropriations, 1988. The second and third provisos were first enacted 
in sec. 550 of the Foreign Assistance Appropriations Act, 1991.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

                         aid budget submission

    Sec. 599E.\4\ The President shall include with each budget 
for a fiscal year submitted to the Congress under section 1105 
of title 31, United States Code, materials that shall identify 
clearly and separately the amounts requested in the budget for 
appropriation for that fiscal year for salaries and expenses 
related to administrative activities of the Agency for 
International Development.

-----------------------------------------------------------------------
    \4\ 22 U.S.C. 2381 note.
-----------------------------------------------------------------------

        *        *        *        *        *        *        *        

    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1993''.



     j. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 1991

    Partial text of Public Law 101-513 [H.R. 5114], 104 Stat. 1979, 
approved November 5, 1990; amended by Public Law 102-27 [Dire Emergency 
   Supplemental Appropriations for Consequences of Operation Desert 
      Shield/Desert Storm, Food Stamps, Unemployment Compensation 
 Administration, Veterans Compensation and Pensions, and Other Urgent 
Needs Act of 1991; H.R. 1281], 105 Stat. 130, approved April 10, 1991; 
 Public Law 102-138 [Foreign Relations Authorization Act, Fiscal Years 
 1992 and 1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991; 
Public Law 102-145 [Further Continuing Appropriations, 1992; H.J. Res. 
  360], 105 Stat. 968, approved October 28, 1991; Public Law 102-391 
      [Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1993; H.R. 5368], 106 Stat. 1633, approved October 
   6, 1993; Public Law 102-499 [H.R. 6047], 106 Stat. 3264, approved 
    October 24, 1992; Public Law 103-87 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 1994; H.R. 2295], 
107 Stat. 931, approved September 30, 1993; Public Law 103-236 [Foreign 
 Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 
 108 Stat. 382, approved April 30, 1994; Public Law 103-306 [[Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
       1995; H.R. 4426], 108 Stat. 1608, approved August 23, 1994

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1991, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for foreign operations, 
export financing, and related programs for the fiscal year 
ending September 30, 1991, and for other purposes, namely:

        *        *        *        *        *        *        *        

                      TITLE V--GENERAL PROVISIONS

        *        *        *        *        *        *        *        

                       assistance for el salvador

    Sec. 531 \1\ (a) Statement of Policy.--United States 
military assistance to the Government of El Salvador shall seek 
three principal foreign policy objectives, as follows: (1) to 
promote a permanent settlement and cease-fire to the conflict 
in El Salvador, with the Secretary General of the United 
Nations serving as an active mediator between the opposing 
parties; (2) to foster greater respect for basic human rights, 
and the rule of law; and (3) to advance political accommodation 
and national reconciliation.

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    \1\ 22 U.S.C. 2370 note.
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    (b) Maximum Level of Military Assistance.--Of the funds 
available for United States military assistance for fiscal year 
1991, not more than $85,000,000 shall be made available for El 
Salvador.
    (c) Prohibition of Military Assistance.--(1) Prohibition.--
Subject to paragraph (2), no United States military assistance 
may be furnished to the Government of El Salvador if the 
President determines and reports in writing to the Congress 
that--
          (A) after he has consulted with the Secretary General 
        of the United Nations, the Government of El Salvador 
        has declined to participate in good faith in 
        negotiations for a permanent settlement and cease-fire 
        to the armed conflict of El Salvador;
          (B) the Government of El Salvador has rejected or 
        otherwise failed to support an active role for the 
        Secretary General of the United Nations in mediating 
        that settlement;
          (C) the Government of El Salvador has rejected a plan 
        for the settlement of the conflict which--
                  (i) has been put forward by the Secretary 
                General of the United Nations in accordance 
                with the terms and procedures in the April 4, 
                1990 Geneva Communique and the May 21, 1990 
                Caracas Accord between the Government of El 
                Salvador and the FMLN;
                  (ii) includes a proposal for an 
                internationally monitored cease-fire; and
                  (iii) has been accepted, within 15 days from 
                its announcement, by the FMLN and is being 
                complied with by the FMLN;
          (D) the Government of El Salvador has failed to 
        conduct a thorough and professional investigation into, 
        and prosecution of those responsible for the eight 
        murders at the University of Central America on 
        November 16, 1989; or
          (E) the military and security forces of El Salvador 
        are assassinating or abducting civilian noncombatants, 
        are engaging in other acts of violence directed at 
        civilian targets, or are failing to control such 
        activities by elements subject to the control of those 
        forces; or
          (F) the Government of El Salvador has failed to 
        actively seek and encourage a law enforcement service 
        from outside El Salvador, such as Scotland Yard or 
        INTERPOL, to accompany and monitor investigators of the 
        Government of El Salvador in their investigation into 
        the eight murders at the University of Central America 
        on November 16, 1989.
    (2) Requirement for resumption of assistance.--Assistance 
prohibited under paragraph (1) may only be resumed pursuant to 
a law subsequently enacted by the Congress.
    (d) Withholding of Military Assistance.--(1) In General.--
Fifty per centum of the total United States military assistance 
allocated for El Salvador for fiscal year 1991 shall be 
withheld from obligation or expenditure (as the case may be) 
except as provided in paragraphs (2) and (3).
    (2) Release of Assistance.--The United States military 
assistance withheld pursuant to paragraph (1) may be obligated 
and expended only if the President determines and reports in 
writing to the Congress that--
          (A) after he has consulted with the Secretary General 
        of the United Nations, the representatives of the 
        FMLN--
                  (i) have declined to participate in good 
                faith in negotiations for a permanent 
                settlement and cease-fire to the armed conflict 
                in El Salvador, or
                  (ii) have rejected or otherwise failed to 
                support an active role for the Secretary 
                General of the United Nations in mediating that 
                settlement;
          (B) the FMLN has rejected a plan for the settlement 
        of the conflict which--
                  (i) has been put forward by the Secretary 
                General of the United Nations in accordance 
                with the terms and procedures in the April 4, 
                1990 Geneva Communique and the May 21, 1990 
                Caracas Accord between the Government of El 
                Salvador and the FMLN;
                  (ii) includes a proposal for an 
                internationally monitored cease-fire; and
                  (iii) has been accepted, within 15 days from 
                its announcement, by the Government of El 
                Salvador and is being complied with by the 
                Government of El Salvador;
          (C) the survival of the constitutional Government of 
        El Salvador is being jeopardized by substantial and 
        sustained offensive military actions or operations by 
        the FMLN;
          (D) proof exists that the FMLN is continuing to 
        acquire or receive significant shipments of lethal 
        military assistance from outside El Salvador, and this 
        proof has been shared with the Congress; or
          (E) the FMLN is assassinating or abducting civilian 
        noncombatants, is engaging in other acts of violence 
        directed at civilian targets, or is failing to control 
        such activities by elements subject to FMLN control.
    (3) Exception.--Notwithstanding any other provision of law, 
funds withheld pursuant to paragraph (1) of this subsection may 
be disbursed to pay the cost of any contract penalties which 
may be incurred as a result of such withholding of funds under 
this subsection.
    (e) Condition for Termination of All United States 
Assistance.--(1) Prohibition.--Subject to paragraph (2), no 
United States assistance may be furnished to El Salvador if the 
duly-elected head of Government of El Salvador is deposed by 
military coup or decree.
    (2) Requirement for Resumption of Assistance.--Assistance 
prohibited under paragraph (1) may only be resumed pursuant to 
a law subsequently enacted by the Congress.
    (f) Establishment of a Fund for Cease-Fire Monitoring, 
Demobilization, and Transition to Peace.--(1) Establishment of 
Fund.--There is hereby established in the Treasury of the 
United States a fund to assist with the costs of monitoring a 
permanent settlement of the conflict, including a cease-fire, 
and the demobilization of combatants in the conflict in El 
Salvador, and their transition to peaceful pursuits, which 
shall be known as the ``Demobilization and Transition Fund'' 
(hereafter in this section referred to as the ``Fund''). 
Amounts in this Fund shall be available for obligation and 
expenditure only upon notification by the President to the 
Congress that the Government of El Salvador and representatives 
of the FMLN have reached a permanent settlement of the 
conflict, including a final agreement on a cease-fire.
    (2) Transfer of Certain Military Assistance Funds.--Upon 
notification of the Congress of a permanent settlement of the 
conflict, including an agreement on a cease-fire, or on 
September 30, 1991, if no such notification has occurred prior 
to that date, the President shall transfer to the Fund any 
United States military assistance funds withheld pursuant to 
subsection (d) of this section.
    (3) Use of the Fund.--Notwithstanding any other provision 
of law, amounts in the Fund shall be available for El Salvador 
solely to support costs of demobilization, retraining, 
relocation, and reemployment in civilian pursuits of former 
combatants in the conflict in El Salvador, and of the 
monitoring of the permanent settlement and cease-fire.
    (4) Duration of Availability of Funds.--Notwithstanding any 
other provision of law, amounts transferred to the Fund shall 
remain available until expended.
    (g) Strengthening Civilian Control Over the Military.--In 
order to strengthen the control of the democratically-elected 
civilian Government of El Salvador over the armed forces of 
that country, United States military assistance for any fiscal 
year may be delivered to the armed forces of El Salvador only 
with the prior approval of the duly elected President of El 
Salvador.
    (h) Support for Democracy.--(1) Establishing a Program.--
The Secretary of State, through agreement with the National 
Endowment for Democracy or other qualified organizations, shall 
establish and carry out a program of education, training, and 
dialogue for the purpose of strengthening democratic political 
and legal institutions in El Salvador.
    (2) Election Monitoring.--Of the amounts made available to 
carry out this subsection, up to $2,000,000 may be used for 
support for monitoring the 1991 municipal and National Assembly 
elections in El Salvador, and for monitoring the registration 
and campaign processes leading up to those elections, by 
appropriate organizations such as the United Nations, the 
Organization of American States, the Carter Center, the 
National Democratic Institute for International Affairs, the 
National Republican Institute for International Affairs, and 
the Center for Electoral Assistance and Promotion (CAPEL) of 
San Jose, Costa Rica.
    (3) Assistance.--Up to $10,000,000 of funds appropriated 
under the heading ``Economic Support Fund'' for fiscal year 
1991 may be used to carry out this subsection.
    (i) \2\ Reporting Requirements. * * * [Repealed--1994]

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    \2\ Sec. 139(22) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 399) repealed 
subsec. (i), which had required that the President report to Congress 
every 180 days on progress in the negotiations in El Salvador.
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    (j) Definitions.--For purposes of this section--
          (1) the term ``United States assistance'' has the 
        same meaning as is given to such term by section 
        481(i)(4) of the Foreign Assistance Act of 1961 and 
        includes United States military assistance as defined 
        in paragraph (2); and
          (2) the term ``United States military assistance'' 
        means--
                  (A) assistance to carry out chapter 2 
                (relating to grant military assistance) or 
                chapter 5 (relating to international military 
                education and training) of part II of the 
                Foreign Assistance Act of 1961; and
          (B) assistance to carry out section 23 of the Arms 
        Export Control Act.

        *        *        *        *        *        *        *        

                     environment and global warming

  Sec. 533.\3\ (a) It is the policy of the United States that 
sustainable economic growth must be predicated on the 
sustainable management of natural resources. The Secretary of 
the Treasury shall instruct the United States Executive 
Director of each multilateral development bank (MDB) to promote 
vigorously within each MDB the expansion of programs in areas 
which address the problems of global climate change through 
requirements to--

-----------------------------------------------------------------------
    \3\ 22 U.S.C. 262l. Similar language was first enacted as sec. 540 
of the Foreign Assistance Appropriations Act, 1986.
-----------------------------------------------------------------------

          (1) expand programs in energy conservation, end use 
        energy efficiency, and renewable energy and promotion 
        by--
                  (A) continuing to augment and expand 
                professional staffs with expertise in these 
                areas;
                  (B) giving priority to these areas in the 
                ``least cost'' energy sector investment plans;
                  (C) encouraging and promoting these areas in 
                policy-based energy sector lending;
                  (D) developing loans for these purposes; and
                  (E) convening seminars for MDB staff and 
                board members on these areas and alternative 
                energy investment opportunities;
          (2) provide analysis for each proposed loan to 
        support additional power generating capacity comparing 
        demand reduction costs to proposal costs;
          (3) continue to assure that environmental impact 
        assessments (EIA) of proposed energy projects are 
        conducted early in the project cycle, include 
        consideration of alternatives to the proposed project, 
        and encourage public participation in the EIA process;
          (4) continue to include the environmental costs of 
        proposed projects with significant environmental 
        impacts in economic assessments; and
          (5) continue to provide technical assistance as a 
        component of energy sector lending.
  (b) The Secretary of the Treasury shall, not later than March 
1, 1991, submit an annual report to the Congress which shall 
include--
          (1) a detailed description of how the natural 
        resource management initiatives mandated by this 
        section have been incorporated in the Administration's 
        efforts to address Third World Debt (the Brady Plan);
          (2) a detailed description of progress made by each 
        of the MDBs in adopting and implementing programs 
        meeting the standards set out in subsection (a) 
        including, in particular, efforts by the Department of 
        the Treasury to assure implementation of this section, 
        progress made by each MDB in subsection (a)(1)(B), and 
        the amounts and proportion of lending in the energy 
        sector for projects or programs in subsection (a)(1);
          (3) the progress the Inter-American Development Bank 
        has made in implementing environmental reforms;
          (4) an updated analysis of each MDB's forestry sector 
        loans, and a current analysis of each MDB's energy 
        sector loans, and their impact on emissions of 
        CO2 and the status of proposals for specific 
        forestry and energy sector activities to reduce 
        CO2 emissions; and
          (5) the progress the International Bank for 
        Reconstruction and Development has made in implementing 
        the recommendations set forth in the April 1, 1988, 
        report on ``Debt-for-Nature Swaps'' by the World Bank.
  (c)(1) The Administrator of the Agency for International 
Development shall update and issue guidance to all Agency 
missions and bureaus detailing the elements of the ``Global 
Warming Initiative'',\4\ which will continue to emphasize the 
need to reduce emissions of greenhouse gases, especially 
CO2 and CFCs, through strategies consistent with 
continued economic development. This initiative shall continue 
to emphasize the need to accelerate sustainable development 
strategies in areas such as reforestation, biodiversity, end-
use energy efficiency, least-cost energy planning, and 
renewable energy, and shall encourage mission directors to 
incorporate the elements of this initiative in developing their 
country programs.

-----------------------------------------------------------------------
    \4\ See sec. 534 of the Foreign Assistance Appropriations Act, 
1990, page 749.
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  (2) The Administrator shall pursue this initiative by, among 
other things--
          (A) increasing the number and expertise of personnel 
        devoted to this initiative in all bureaus and missions;
          (B) devoting increased resources to technical 
        training of mission directors;
          (C) accelerating the activities of the Multi-Agency 
        Working Group on Power Sector Innovation;
          (D) focusing tropical forestry assistance programs on 
        the key middle- and low-income developing countries 
        (hereinafter ``key countries'') which are projected to 
        contribute large amounts of greenhouse gases to the 
        global environment;
          (E) assisting countries in developing a systematic 
        analysis of the appropriate use of their total tropical 
        forest resources, with the goal of developing a 
        national program for sustainable forestry;
          (F) focusing energy assistance activities on the key 
        countries, where assistance would have the greatest 
        impact on reducing emissions from greenhouse gases; and
          (G) continuing to follow the directives with respect 
        to key countries and countries that receive large 
        Economic Support Fund assistance contained in section 
        534(b)(3) of Public Law 101-167.
  (3) None of the funds appropriated in this Act shall be 
available for any program, project or activity which would--
          (A) result in any significant loss of tropical 
        forests; or
          (B) involve commercial \5\ timber extraction in 
        primary tropical forest areas unless an environmental 
        assessment: \6\

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    \5\ Sec. 308(1) of Public Law 102-27 (105 Stat. 152) struck out 
``industrial'' and inserted in lieu thereof ``commercial''.
    \6\ Sec. 308(2) of Public Law 102-27 (105 Stat. 152) inserted 
``unless an environmental assessment'' and three clauses under subpar. 
(B).
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                  (i) identifies potential impacts on 
                biological diversity;
                  (ii) demonstrates that all timber extraction 
                will be conducted according to an 
                environmentally sound management system which 
                maintains the ecological functions of the 
                natural forest and minimizes impacts on 
                biological diversity; and
                  (iii) demonstrates that the activity will 
                contribute to reducing deforestation.
  (4) Funds appropriated to carry out the provisions of 
sections 103 and 106 of the Foreign Assistance Act of 1961, as 
amended, may be used by the Agency for International 
Development, notwithstanding any other provision of law, for 
the purpose of supporting tropical forestry and energy programs 
aimed at reducing emissions of greenhouse gases with regard to 
the key countries in which deforestation and energy policy 
would make a significant contribution to global warming, except 
that such assistance shall be subject to sections 116, 502B, 
and 620A of the Foreign Assistance Act of 1961.
  (5) Funds appropriated by this Act to carry out the 
provisions of sections 103 and 106 of the Foreign Assistance 
Act of 1961 may be used for expenses (including related support 
costs) relating to the environment and energy sectors, of 
employees or individuals detailed to or employed by the Agency 
for International Development, particularly those involved with 
the ``Global Warming Initiative'' described in this subsection.
  (d) * * *
  (e) * * *
  (f) \7\ Chapter 2 of part II of the Foreign Assistance Act of 
1961 is amended by adding the following new section: * * *

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    \7\ Subsec. (f) added a new sec. 518 to the Foreign Assistance Act 
of 1961 (22 U.S.C. 2321l.), relating to natural resources and wildlife 
management.
-----------------------------------------------------------------------

  (g) * * *

        *        *        *        *        *        *        *        

                         general authorizations

  Sec. 562. General Authorizations.--

        *        *        *        *        *        *        *        

  (c) \8\ Reports to Congress.--As part of the annual 
Congressional Presentation materials for economic assistance, 
the Administrator of the Agency for International Development 
shall include a description of the progress made during the 
previous fiscal year in carrying out chapter 10 of part I of 
the Foreign Assistance Act of 1961 in three countries in sub-
Saharan Africa which represent differing economic situations 
and levels of progress. The description shall include--

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    \8\ 22 U.S.C. 2293 note.
-----------------------------------------------------------------------

          (1) the nature and extent of consultation to ensure 
        local perspectives, as described in subsections (e)(1) 
        and (f) of section 496;
          (2) the degree of involvement of local people in the 
        implementation of projects having a local focus;
          (3) the extent to which there has been expansion of 
        the participation and integration of African women in 
        each of the critical sectors specified in section 
        496(i);
          (4) program assistance provided, including the 
        amounts obligated, the criteria used for assisting 
        reforms, and the provisions made pursuant to section 
        496(h)(2)(B) to protect vulnerable groups from possible 
        negative consequences of the reforms; and
          (5) a description of the assistance for the critical 
        sector priorities specified in section 496(i), by 
        sector, including the amounts obligated.

        *        *        *        *        *        *        *        

                    international banking provisions

        *        *        *        *        *        *        *        

  (c) European Bank for Reconstruction and Development.--* * * 
\9\

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    \9\ For text, see Legislation on Foreign Relations Through 1997, 
vol. III.
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        *        *        *        *        *        *        *        

                        property management fund

    Sec. 585. (a) The proceeds of overseas property acquired by 
the Agency for International Development under the authority of 
section 636(c) of the Foreign Assistance Act of 1961 may be 
deposited in a separate fund, which shall be known as the 
Property Management Fund. Such proceeds shall be available for 
use only for the purposes of section 636(c) of that Act, and 
shall remain available until expended. The Administrator of the 
Agency for International Development shall report all uses of 
funds deposited into the Property Management Fund as part of 
the annual Congressional Presentation materials submitted by 
the Agency for International Development.
    (b) The provisions of subsection (a) shall be applicable to 
property acquired prior to the date of enactment of this Act 
and at any time thereafter.

                    iraq sanctions act of 1990 \10\

SEC. 586. SHORT TITLE.

  Sections 586 through 586J of this Act may be cited as the 
``Iraq Sanctions Act of 1990''.

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    \10\ For this and other legislation relating to Iraq, see 
Legislation on Foreign Relations Through 1997, vol. I-B.
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        *        *        *        *        *        *        *        

   benefits for united states hostages in iraq and kuwait and united 
                  states hostages captured in lebanon

  Sec. 599C.\11\ (a) Eligibility.--United States hostages in 
Iraq and Kuwait, and United States hostages captured in 
Lebanon, shall, subject to the availability of funds under 
subsection (e), be entitled to the benefits described in this 
section. Except as otherwise provided in this section or other 
provision of law, no such individual or any family member shall 
receive any benefit under the provisions of title 5, United 
States Code during fiscal year 1991 and hereafter.\12\

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    \11\ The Department of State established criteria for benefits for 
hostages in Iraq, Kuwait, or Lebanon in Public Notice 1308, November 
30, 1990 (55 F.R. 52837-8, 52928; 22 CFR Part 193), and amended those 
criteria in Public Notice 1565, effective January 16, 1992 (57 F.R. 
3282; January 29, 1992).
    \12\ Sec. 302(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 707), added 
``during fiscal year 1991 and hereafter'', effective November 5, 1990.
-----------------------------------------------------------------------

  (b) Payments for Duration of Hostage Status, Life Insurance, 
and Health Insurance.--(1) Not later than 30 days after the 
date of enactment of this Act, the Office of Personnel 
Management, after consultation with the Department of State, 
shall prescribe regulations, consistent with this section, for 
the application of the provisions of chapter 87 (relating to 
life insurance) and chapter 89 (relating to health insurance) 
of title 5, United States Code, to the United States hostages 
in Iraq or Kuwait, and United States hostages captured in 
Lebanon, and their family members for the period that such 
hostages remain in hostage status.
  (2) United States hostages in Iraq or Kuwait, and United 
States hostages captured in Lebanon, shall, subject to the 
availability of funds under subsection (e), be paid at the rate 
of pay for a position at GS-9 of the General Schedule for the 
period in which such hostages remained in a hostage status 
without the hostages (or their family members on their behalf) 
receiving salaries or wages from their employers. For purposes 
of this paragraph, any United States hostage captured in 
Lebanon who was paid a salary or wage in Lebanese pounds in 
amounts that were not adjusted to compensate for any 
devaluation of the Lebanese pound that occurred during such 
hostage's period of captivity shall not be considered to have 
received a salary or wage from an employer.\13\

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    \13\ Sec. 5(a) of Public Law 102-499 (106 Stat. 3266) added the 
last sentence to par. (2). Sec. 5(b) of that Act further provided that 
``the amendment made by subsection (a) shall be deemed to have become 
effective as of the date of enactment of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1991.''.
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  (3) Except as provided in paragraph (5), during \14\ the 
period of an individual's hostage status and during the 12-
month period after the hostage status of that individual 
ceases, such individual and his family members shall, subject 
to the availability of funds under subsection (e), be entitled 
to health benefits covered by paragraph (1) if such benefits 
were not provided by any other insurance coverage.

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    \14\ Sec. 302(a)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 707), struck 
out ``During'' in pars. (3) and (4), and inserted in lieu thereof 
``Except as provided in paragraph (5), during'', effective November 5, 
1990.
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  (4) Except as provided in paragraph (5), during \14\ the 
period of an individual's hostage status and during the 12-
month period after the hostage status of that individual 
ceases, that individual shall, subject to the availability of 
funds under subsection (e), be entitled to life insurance 
benefits covered by paragraph (1) if such benefits were not 
provided by any other insurance coverage.
  (5) \15\ For purposes of the application of paragraphs (3) 
and (4) to United States hostages captured in Lebanon, the 
period of entitlement of benefits, subject to the availability 
of funds, shall be the period of an individual's hostage 
status, plus a 60-month period following the termination of the 
hostage status of that individual.

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    \15\ Sec. 302(a)(3) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 708), added 
par. (5), effective November 5, 1990.
-----------------------------------------------------------------------

  (c) Administration of Authorities.--(1) For purposes of this 
section, the Secretary of State shall certify to such officer 
of the United States as may require such information the names 
of the United States hostages in Iraq and Kuwait, and United 
States hostages captured in Lebanon, and their family members.
  (2) For purposes of the protection of the identity of any 
individual, the Secretary of State may submit any certification 
under this subsection in classified form.
  (3) The Secretary of State may require of any individual such 
verification of hostage status as he may deem necessary.
  (d) Definitions.--For purposes of this section--
          (1) the term ``hostage status'' means, with respect 
        to United States hostages in Iraq and Kuwait, the 
        status of being held in custody by governmental or 
        military authorities of a country or taking refuge 
        within that country in fear of being taken into such 
        custody (including residing in any diplomatic mission 
        or consular post in that country); and, with respect to 
        United States hostages captured in Lebanon, the status 
        of a person described in paragraph (4)(B);
          (2) the term ``family members'' means spouses, 
        dependents, and any individuals who are members of the 
        households of United States hostages in Iraq and Kuwait 
        or United States hostages captured in Lebanon;
          (3) the term ``United States economic sanctions 
        against Iraq'' means the exercise of authorities under 
        the International Emergency Economic Powers Act by the 
        President with respect to financial transactions with 
        Iraq;
          (4)(A) the term ``United States hostages in Iraq and 
        Kuwait'' means United States nationals, or family 
        members of United States nationals, who are in a 
        hostage status in Iraq or Kuwait during the period 
        beginning on August 2, 1990, and terminating on the 
        date on which United States economic sanctions against 
        Iraq are lifted; and
          (B) \16\ the term ``United States hostages captured 
        in Lebanon'' means United States nationals, including 
        lawful permanent residents of the United States, who 
        have been forcibly detained, held hostage, or interned 
        for any period of time after June 1, 1982, by any 
        government (including the agents thereof) or group in 
        Lebanon for the purpose of coercing the United States 
        Government or any other government.

-----------------------------------------------------------------------
    \16\ Sec. 302(a)(4) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 708), amended 
and restated subpar. (B), effective November 5, 1990. It formerly read 
as follows:
    ``(B) the term `United States hostages captured in Lebanon' means 
United States nationals who have been forcibly detained, held hostage, 
or interned by an enemy government or its agents, or a hostile force, 
in Lebanon since January 1, 1990.''.
-----------------------------------------------------------------------

          (5) the term ``United States national'' means any 
        individual who is a citizen of the United States or 
        who, though not a citizen of the United States, owes 
        permanent allegiance to the United States.
  (e) Allocation of Funds.--(1) Of the funds appropriated by 
this Act under the heading ``Economic Support Fund'', up to 
$10,000,000 shall be available to carry out this section.
  (2) \17\ Notwithstanding any other provision of law, funds 
allocated under paragraph (1) are authorized to remain 
available until expended.

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    \17\ Sec. 302(a)(5) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 708), amended 
and restated par. (2), effective November 5, 1990. It formerly read as 
follows:
    ``(2) The authority to obligate funds under the authority provided 
by this section shall expire six months after the date of enactment of 
this Act.''.
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        *        *        *        *        *        *        *        

  This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1991''.



     k. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 1990

    Partial text of Public Law 101-167 [H.R. 3743], 103 Stat. 1195, 
  approved November 21, 1989, as amended by Public Law 101-302 [Dire 
  Emergency Supplemental Appropriations for Disaster Assistance, Food 
  Stamps, Unemployment Compensation Administration, and Other Urgent 
Needs, and Transfers, and Reducing Funds Budgeted for Military Spending 
 Act of 1990; H.R. 4404], 104 Stat. 213, approved May 25, 1990; Public 
Law 101-513 [Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1991; H.R. 5114], 104 Stat. 1979, approved November 
  5, 1990; Public Law 101-649 [Immigration Act of 1990; S. 358], 104 
    Stat. 4978, approved November 29, 1990; Public Law 102-27 [Dire 
  Emergency Supplemental Appropriations for Consequences of Operation 
  Desert Shield/Desert Storm, Food Stamps, Unemployment Compensation 
 Administration, Veterans Compensation and Pensions, and Other Urgent 
Needs Act of 1991; H.R. 1281], 105 Stat. 130, approved April 10, 1991; 
 Public Law 102-138 [Foreign Relations Authorization Act, Fiscal Years 
 1992 and 1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991; 
    Public Law 102-232 [Miscellaneous and Technical Immigration and 
Naturalization Amendments of 1991; H.R. 3049], 105 Stat. 1733, approved 
   December 12, 1991; Public Law 102-391 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 1993; H.R. 5368], 
   106 Stat. 1633, approved October 6, 1992; and Public Law 102-511 
 [FREEDOM Support Act; S. 2532], 106 Stat. 3320, approved October 24, 
 1992; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal 
  Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 
    1994; Public Law 103-416 [Immigration and Nationality Technical 
 Corrections Act of 1994; H.R. 783], 108 Stat. 4305, approved October 
25, 1994; Public Law 104-208 [Foreign Operations, Export Financing, and 
 Related Programs Appropriations Act, 1997; sec. 101(c) of title I of 
  the Omnibus Consolidated Appropriations Act, 1997; H.R. 3610], 110 
  Stat. 3009, approved September 30, 1996; Public Law 104-319 [Human 
 Rights, Refugee, and Other Foreign Relations Provisions Act of 1996; 
 H.R. 4036], 110 Stat. 3864, approved October 19, 1996; and by Public 
Law 105-118 [Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998; H.R. 2159], 111 Stat. 2386, approved November 
                                26, 1997

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1990, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for foreign operations, 
export financing, and related programs for the fiscal year 
ending September 30, 1990, and for other purposes, namely:

        *        *        *        *        *        *        *        

                      TITLE V--GENERAL PROVISIONS

        *        *        *        *        *        *        *        

                      united nations voting record

    Sec. 527.\1\ (a) In General.--Not later than March 31 of 
each year, the Secretary of State shall transmit to the Speaker 
of the House of Representatives and the President of the Senate 
a full and complete annual report which assesses for the prior 
calendar year, with respect to each foreign country member of 
the United Nations, the voting practices of the governments of 
such countries at the United Nations, and evaluates General 
Assembly and Security Council actions and the responsiveness of 
those governments to United States policy on issues of special 
importance to the United States.

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    \1\ 22 U.S.C. 2414a.
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    (b) Information on Voting Practices in the United 
Nations.--Such report shall include, with respect to voting 
practices and plenary actions in the United Nations during the 
preceding year, information to be compiled and supplied by the 
Permanent Representative of the United States to the United 
Nations, consisting of--
          (1) an analysis and discussion, prepared in 
        consultation with the Secretary of State, of the extent 
        to which member countries supported United States 
        policy objectives at the United Nations;
          (2) an analysis and discussion, prepared in 
        consultation with the Secretary of State, of actions 
        taken by the United Nations by consensus;
          (3) with respect to plenary votes of the United 
        Nations General Assembly--
                  (A) a listing of all such votes on issues 
                which directly affected important United States 
                interests and on which the United States 
                lobbied extensively and a brief description of 
                the issues involved in each such vote;
                  (B) a listing of the votes described in 
                subparagraph (A) which provides a comparison of 
                the vote cast by each member country with the 
                vote cast by the United States;
                  (C) a country-by-country listing of votes 
                described in subparagraph (A); and
                  (D) a listing of votes described in 
                subparagraph (A) displayed in terms of United 
                Nations regional caucus groups;
          (4) a listing of all plenary votes cast by member 
        countries of the United Nations in the General Assembly 
        which provides a comparison of the vote cast by each 
        member country with the vote cast by the United States;
          (5) an analysis and discussion, prepared in 
        consultation with the Secretary of State, of the extent 
        to which other members supported United States policy 
        objectives in the Security Council and a separate 
        listing of all Security Council votes of each member 
        country in comparison with the United States; and
          (6) a side-by-side comparison of agreement on 
        important and overall votes for each member country and 
        the United States.
    (c) Format.--Information required pursuant to subsection 
(b)(3) shall also be submitted, together with an explanation of 
the statistical methodology, in a format identical to that 
contained in chapter II of the March 14, 1988, Report to 
Congress on Voting Practices in the United Nations.
    (d) Statement by the Secretary of State.--Each report under 
subsection (a) shall contain a statement by the Secretary of 
State discussing the measures which have been taken to inform 
United States diplomatic missions of United Nations General 
Assembly and Security Council activities.
    (e) Technical and Conforming Amendments.-- * * *

        *        *        *        *        *        *        *        

                       global warming initiative

    Sec. 534. (a) Tropical Forestry Assistance.--(1) In order 
to achieve the maximum impact from activities relating to 
tropical forestry, the Agency for International Development 
shall focus tropical forestry assistance programs on the key 
middle- and low-income developing countries (hereinafter ``key 
countries'') which are projected to contribute large amounts of 
greenhouse gases related to global warming as a result of 
industrialization and the burning of fossil fuels, and 
destruction of tropical forests.
    (2) Funds appropriated to carry out the provisions of 
sections 103 and 106 of the Foreign Assistance Act of 1961, as 
amended, may be used by the Agency for International 
Development, notwithstanding any other provision of law, for 
the purpose of supporting tropical forestry programs aimed at 
reducing emissions of greenhouse gases with regard to the key 
countries in which deforestation makes a significant 
contribution to global warming, except that such assistance 
shall be subject to sections 116, 502B, and 620A of the Foreign 
Assistance Act of 1961.
    (3) In providing assistance relating to tropical forests, 
the Administrator of that Agency shall, to the extent feasible 
and appropriate, assist countries in developing a systematic 
analysis of the appropriate use of their total tropical forest 
resources, with the goal of developing a national program for 
sustainable forestry.
    (b) Energy Assistance.--(1) In order to achieve the maximum 
impact from activities relating to energy, the Agency for 
International Development shall focus energy assistance 
activities on the key countries, where assistance would have 
the greatest impact on reducing emissions from greenhouse 
gases. Such assistance shall be focused on improved energy 
efficiency, increased use of renewable energy resources and 
national energy plans (such as least-cost energy plans) which 
include investment in end-use efficiency and renewable energy 
resources.
    (2) Funds appropriated to carry out the provisions of 
sections 103 and 106 of the Foreign Assistance Act of 1961, as 
amended, may be used by the Agency for International 
Development, notwithstanding any other provision of law, for 
the purpose of supporting energy programs aimed at reducing 
emissions of greenhouse gases related to global warming with 
regard to the key countries, except that such assistance shall 
be subject to sections 116, 502B, and 620A of the Foreign 
Assistance Act of 1961.
    (3) It is the sense of the Congress that the Agency for 
International Development should increase its efforts in the 
fields of energy efficiency, renewable energy, and energy 
planning. Such increase should take place with respect to key 
countries and countries with large Economic Support Fund 
project assistance. Such efforts should include--
          (A) an increase in the number of Agency for 
        International Development staff with energy expertise, 
        including staff with expertise in renewable energy 
        technologies and end-use efficiency;
          (B) assistance to develop analyses of energy-sector 
        actions that could minimize emissions of greenhouse 
        gases at least cost, while at the same time meeting 
        basic economic and social development needs. Such 
        assistance should include country-specific analyses 
        which compare the economic and environmental costs of 
        actions to promote energy efficiency and 
        nonconventional renewable energy with the economic and 
        environmental costs of investments to provide 
        additional conventional energy supplies;
          (C) assistance to develop energy-sector plans that 
        employ end-use analysis and other techniques to 
        identify the most cost-effective actions to minimize 
        increased reliance on fossil fuels, ensuring to the 
        maximum extent feasible that nongovernmental 
        organizations and academic institutions are involved in 
        this planning;
          (D) insuring that AID energy assistance--including 
        support for private-sector initiatives--is consistent 
        with the analyses and plans described in subparagraphs 
        (B) and (C) above, and that environmental impacts 
        (including that on global warming) and alternatives 
        have been fully analyzed;
          (E) assistance to improve efficiency in the 
        production, transmission, distribution, and use of 
        energy. Such assistance should focus on the development 
        of institutions to (i) promote energy efficiency in all 
        sectors of energy production and use, (ii) provide 
        training and technical assistance to help energy 
        producers and users identify cost-effective actions to 
        improve energy efficiency, (iii) finance specific 
        investments in energy efficiency in all sectors of 
        energy production and use, and (iv) improve local 
        capabilities in the research, development, and sale of 
        energy efficient technologies;
          (F) assistance in exploiting nonconventional 
        renewable energy resources, including wind, solar, 
        small-hydro, geothermal, and advanced biomass systems. 
        This assistance should also promote efficient use of 
        traditional biomass fuels through improved fuelwood 
        management and improved methods of charcoal production;
          (G) expanding efforts to meet the energy needs of the 
        rural poor through the methods described in 
        subparagraphs (E) and (F). Specifically these efforts 
        should promote improved efficiency in the use of 
        biomass fuels for household energy, improved systems of 
        fuelwood management, and the development of the 
        nonconventional renewable energy systems described in 
        subparagraph (F);
          (H) encouraging host countries to sponsor meetings 
        with officials from the United States utility sector 
        who are leaders in energy efficiency and other United 
        States experts to discuss the application of least-cost 
        planning techniques;
          (I) developing a cadre of United States experts from 
        industry, academia, nonprofit organizations, and 
        government agencies capable of providing technical 
        assistance to developing countries concerning energy 
        policy and planning, energy efficiency and renewable 
        energy resources;
          (J) in cooperation with the Department of Energy, the 
        Environmental Protection Agency, the World Bank, and 
        the Development Assistance Committee of the OECD, 
        supporting research concerning the ways developing 
        nations can meet their energy needs while minimizing 
        global warming and how to meet those needs; and
          (K) strengthening the Agency for International 
        Development's partnership with the Department of Energy 
        in order to ensure that the Agency's energy efforts 
        take full advantage of United States expertise and 
        technology.
    (c) Reports and Authorities.--(1) The Agency for 
International Development, in consultation with the 
Environmental Protection Agency (EPA), the Department of State, 
and other appropriate agencies, shall submit to Congress no 
later than April 15, 1990, a report which (1) examines the 
potential contributions of developing countries to future 
global emissions of greenhouse gases under different economic 
growth scenarios, (2) estimates the relative contributions of 
those countries to global greenhouse gas emissions, and (3) 
identifies specific key countries which stand to contribute 
significantly to global greenhouse gas emissions, and in which 
actions to promote energy efficiency, reliance on renewable 
energy resources, and conservation of forest resources could 
significantly reduce emissions of greenhouse gases. This report 
should utilize existing data, including the models and 
methodologies already developed by the EPA for their report to 
Congress on policy options for stabilizing global climate.
    (2) Of the funds appropriated to carry out the provisions 
of sections 103 and 106 of the Foreign Assistance Act of 1961, 
as amended, the Agency for International Development may use 
such amounts as may be necessary to reimburse United States 
Government agencies, agencies of State governments, and 
institutions of higher learning for the full costs of employees 
detailed or assigned to the Agency for International 
Development for the purpose of carrying out activities relating 
to forestry and energy programs aimed at reducing emissions of 
greenhouse gases related to global warming. Personnel who are 
detailed or assigned for the purposes of this section shall not 
be included within any personnel ceiling applicable to any 
United States Government agency during the period of detail or 
assignment.
    (d) \2\ Export-Import Bank.--(1) Of the financing provided 
by the Export-Import Bank that is utilized for the support of 
exports for the energy sector, the Bank shall seek to provide 
not less than 5 per centum of such financing for renewable 
energy projects.

-----------------------------------------------------------------------
    \2\ 12 U.S.C. 635g note.
-----------------------------------------------------------------------

    (2) The Export-Import Bank shall take all appropriate steps 
to finance information exchanges and training whose purpose it 
is to help link United States producers in the renewable energy 
sector with assistance programs and potential foreign 
customers.
    (3) Beginning on April 15, 1990, the Chairman of the 
Export-Import Bank shall submit an annual report to the 
Committees on Appropriations on the Bank's implementation of 
this subsection.

        *        *        *        *        *        *        *        

                       narcotics control program

    Sec. 569. * * *
    (d)(1) \3\ If any funds made available for any fiscal year 
for security assistance are not used for assistance for the 
country for which those funds were allocated because of any 
provision of law requiring the withholding of assistance for 
countries that have not taken adequate steps to halt illicit 
drug production of trafficking, the President shall use those 
funds for additional assistance for those countries which have 
met their illicit drug eradication targets or have otherwise 
taken significant steps to halt illicit drug production or 
trafficking, as follows:

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    \3\ 22 U.S.C. 2291 note.
-----------------------------------------------------------------------

          (A) Those funds may be transferred to and 
        consolidated with the funds made available to carry out 
        section 481 of the Foreign Assistance Act of 1961 in 
        order to provide additional narcotics control 
        assistance for those countries. Funds transferred under 
        this paragraph may only be used to provide increased 
        funds for activities previously justified to the 
        Congress. Transfers may be made under this paragraph 
        without regard to the 20-percent increase limitation 
        contained in section 610 of the Foreign Assistance Act.
          (B) Any such funds not used under subparagraph (A) 
        shall be reprogrammed within the account for which they 
        were appropriated (subject to the regular reprogramming 
        procedures of the Committees on Appropriations) in 
        order to provide additional security assistance for 
        those countries.
    (2) As used in this section, the term ``security 
assistance'' means economic support fund assistance, foreign 
military financing, and international military education and 
training.

        *        *        *        *        *        *        *        

      modernization of military capabilities of certain countries

    Sec. 573.\4\ (a) Authority To Transfer Excess Defense 
Articles.--

-----------------------------------------------------------------------
    \4\ 22 U.S.C. 2321j note.
-----------------------------------------------------------------------

          (1) NATO southern flank countries.--The President may 
        transfer--
                  (A) to any NATO southern flank country which 
                is eligible for United States security 
                assistance and which is integrated into NATO's 
                military structure; and
                  (B) to any major non-NATO ally on the 
                southern and southeastern flank of NATO which 
                is eligible for United States security 
                assistance, such excess defense articles as may 
                be necessary to help modernize the defense 
                capabilities of such country.
          (2) Major illicit drug producing countries.--Subject 
        to subsection (f), the President may transfer to any 
        country--
                  (A) which is a major illicit drug producing 
                country,
                  (B) which has a democratic government, and
                  (C) whose armed forces do not engage in a 
                consistent pattern of gross violations of 
                internationally recognized human rights, such 
                excess defense articles as may be necessary to 
                carry out subsection (f)(1).
          (3) Terms of transfers.--Excess defense articles may 
        be transferred under this section without cost to the 
        recipient country.
    (b) Limitations on Transfers.--The President may transfer 
excess defense articles under this section only if--
          (1) they are drawn from existing stocks of the 
        Department of Defense;
          (2) funds available to the Department of Defense for 
        the procurement of defense equipment are not expended 
        in connection with the transfer; and
          (3) the President determines that the transfer of the 
        excess defense articles will not have an adverse impact 
        on the military readiness of the United States.
    (c) Notification to Congress.--
          (1) Advance notice.--The President may not transfer 
        excess defense articles under this section until thirty 
        days after the President has provided notice of the 
        proposed transfer to the committees specified in 
        paragraph (2). This notification shall include--
                  (A) a certification of the need for the 
                transfer;
                  (B) an assessment of the impact of the 
                transfer on the military readiness of the 
                United States; and
                  (C) the value of the excess defense articles 
                to be transferred.
          (2) Committees to be notified.--Notice shall be 
        provided pursuant to paragraph (1) to the Committee on 
        Foreign Affairs, and the Committee on Appropriations of 
        the House of Representatives and the Committee on Armed 
        Services, the Committee on Foreign Relations, and the 
        Committee on Appropriations of the Senate.
    (d) Waiver of Requirement for Reimbursement of DOD 
Expenses.--Section 632(d) of the Foreign Assistance Act of 1961 
does not apply with respect to transfers of excess defense 
articles under this section.
    (e) \5\ Maintenance of Military Balance in Eastern 
Mediterranean.--

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    \5\ Sec. 578(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 
Stat. 1685), provided that:
    ``(b) During fiscal year 1993, the provisions of section 573(e) of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990, (as amended by subsection (a) of this 
section) shall be applicable, for the period specified therein, to 
excess defense articles made available under sections 516 and 519 of 
the Foreign Assistance Act of 1961.''.
    See paragraph (2) for subsec. (a) amendment.
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          (1) United states policy.--The Congress intends that 
        excess defense articles be made available under this 
        section consistent with the United States policy, 
        established by section 841 of the International 
        Cooperation Act of 1989, of maintaining the military 
        balance in the Eastern Mediterranean.
          (2) Maintenance of balance.--Accordingly, the 
        President shall ensure that, over the four-year period 
        beginning on October 1, 1992,\6\ the ratio of--

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    \6\ Sec. 578(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 
Stat. 1685), struck out ``three year [sic] period beginning on October 
1, 1989'' and inserted in lieu thereof ``four-year period beginning on 
October 1, 1992''.
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                  (A) the value of excess defense articles made 
                available for Turkey under this section, to
                  (B) the value of excess defense articles made 
                available for Greece under this section, 
                closely approximates the ratio of--
                          (i) the amount of foreign military 
                        financing provided for Turkey, to
                          (ii) the amount of foreign military 
                        financing provided for Greece.
          (3) Exception to requirement.--This subsection shall 
        not apply if either Greece or Turkey ceases to be 
        eligible to receive excess defense articles under 
        subsection (a).
    (f) Major Illicit Drug Producing Countries in Latin America 
and the Caribbean.--
          (1) Purpose.--Excess defense articles shall be 
        transferred under subsection (a)(2) for the purpose of 
        encouraging the military forces of an eligible country 
        in Latin America and the Caribbean to participate with 
        local law enforcement agencies in a comprehensive 
        national antinarcotics program, conceived and developed 
        by the government of that country, by conducting 
        activities within that country and on the high seas to 
        prevent the production, processing, trafficking, 
        transportation, and consumption of illicit narcotic or 
        psychotropic drugs or other controlled substances.
          (2) Uses of excess defense articles.--Excess defense 
        articles may be furnished to a country under subsection 
        (a)(2) only if that country ensures that those excess 
        defense articles will be used only in support of 
        antinarcotics activities.
          (3) Role of the secretary of state.--The Secretary of 
        State shall determine the eligibility of countries to 
        receive excess defense articles under subsection (a)(2) 
        and insure that any transfer is coordinated with other 
        antinarcotics enforcement programs assisted by the 
        United States Government.
          (4) Limitation.--The aggregate value of excess 
        defense articles transferred to a country under 
        subsection (a)(2) in any fiscal year may not exceed 
        $10,000,000.
    (g) Definitions.--As used in this section--
          (1) the term ``excess defense article'' has the 
        meaning given that term by section 644(g);
          (2) the term ``made available'' means that a good 
        faith offer is made by the United States to furnish the 
        excess defense articles to a country;
          (3) the term ``major non-NATO ally'' includes 
        Australia, Egypt, Israel, Japan, and New Zealand;
          (4) the term ``NATO'' means the North Atlantic Treaty 
        Organization; and
          (5) the term ``NATO southern flank countries'' means 
        Greece, Italy, Portugal, Spain, and Turkey.

        *        *        *        *        *        *        *        

                          stingers for bahrain

    Sec. 581. (a) Previously Transferred Stingers.--
Notwithstanding section 580,\7\ section 573(b)(4) of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1988,\8\ and section 566(b)(4) of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989,\9\ shall cease to apply with respect 
to Stingers made available to Bahrain under those sections if 
the President determines, and notifies the Committees on 
Appropriations and the Committee on Foreign Affairs of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate, that--

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    \7\ Sec. 580 provided that ``Except as provided in section 581, the 
United States may not sell or otherwise make available any Stingers to 
any country bordering the Persian Gulf under the Arms Export Control 
Act of chapter 2 of part II of the Foreign Assistance Act of 1961.''.
    \8\ Sec. 573(b)(4) provided:
    ``(4) the recipient country has agreed to a United States buyback 
of all the remaining missiles and components which have not been 
destroyed or fired in order to return them to the possession and 
control of the United States when another United States air defense 
system which meets the military requirements can be made available or 
not more than 18 months from the enactment of this legislation.''.
    \9\ Sec. 566(b)(4) provided the same intent as the previous note.
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          (1) the Stingers are needed by Bahrain to counter an 
        immediate air threat or to contribute to the protection 
        of United states personnel, facilities, equipment, or 
        operations;
          (2) no other appropriate system is available from the 
        United States;
          (3) Bahrain has agreed, in writing, to such 
        safeguards to protect against diversion of the Stingers 
        as may be required by the United States; and
          (4) Bahrain has agreed in writing to return to the 
        possession and control of the United States all 
        Stingers made available under those sections and 
        subsection (b) of this section, other than Stingers 
        which have been fired or otherwise destroyed, at any 
        time the United States determines, subject to 
        subsection (c).
    (b) Replacement Stingers.--Notwithstanding section 580, 
Stingers may be made available to Bahrain under the Arms Export 
Control Act of the Foreign Assistance Act of 1961 after 
September 30, 1989, in order to replace, on a one-for-one 
basis, Stingers previously made available under this 
subsection, sec. 573 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1988, or 
section 566 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989, that have been fired 
or otherwise destroyed, subject to the following conditions:
          (1) Determinations.--Replacement Stingers may be made 
        available to Bahrain pursuant to this subsection only 
        if the President makes the determinations specified in 
        paragraphs (1) through (4) of subsection (a).
          (2) Notice to congress before stingers are 
        transferred.--At least 30 days before making any 
        replacement Stingers available to Bahrain pursuant to 
        this subsection, the President shall notify the 
        committees designated in subsection (a) that he has 
        made the determinations required by paragraph (1). Any 
        such notification shall include the information 
        required in a certification under section 36(b) of the 
        Arms Export Control Act. This paragraph applies without 
        regard to the value of the Stingers to be made 
        available.
    (c) Return of Stingers to the United States.--All Stingers 
made available to Bahrain pursuant to subsections (a) and (b), 
other than those fired or otherwise destroyed, shall be 
returned to the possession and control of the United states not 
later than September 30, 1991, unless the President--
          (1) determines that each of the conditions specified 
        in subsection (a) continues to apply; and
          (2) notifies the committees designated in subsection 
        (a) not later than September 15, 1991, in accordance 
        with the regular reprogramming procedures of such 
        committees, that the United States intends to waive the 
        requirement that the Stingers be returned to the United 
        States by the date specified in the subsection.

        *        *        *        *        *        *        *        

       establishing categories of aliens for purposes of refugee 
                             determinations

    Sec. 599D.\10\ (a) In General.--In the case of an alien who 
is within a category of aliens established under subsection 
(b), the alien may establish, for purposes of admission as a 
refugee under section 207 of the Immigration and Nationality 
Act, that the alien has a well-founded fear of persecution on 
account of race, religion, nationality, membership in a 
particular social group, or political opinion by asserting such 
a fear and asserting a credible basis for concern about the 
possibility of such persecution.

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    \10\ 8 U.S.C. 1157 note. A subsec. (f) at the end of this section, 
relating to GAO Reports on Soviet Refugee Processing, was repealed by 
sec. 582(c) of Public Law 102-391 (106 Stat. 1686). Sec. 905(c) of the 
FREEDOM Support Act (Public Law 102-511; 106 Stat. 3356) made the same 
amendment.
-----------------------------------------------------------------------

    (b) Establishment of Categories.--
          (1) For purposes of subsection (a), the Attorney 
        General, in consultation with the Secretary of State 
        and the Coordinator for Refugee Affairs, shall 
        establish--
                  (A) one or more categories of aliens who are 
                or were nationals and residents of an 
                independent state of the former Soviet Union or 
                of Estonia, Latvia, or Lithuania \11\ and who 
                share common characteristics that identify them 
                as targets of persecution in that state \12\ on 
                account of race, religion, nationality, 
                membership in a particular social group, or 
                political opinion, and

-----------------------------------------------------------------------
    \11\ Sec. 582(b)(1)(A) of Public Law 102-391 (106 Stat. 1686) 
struck out ``of the Soviet Union'' each place it appeared in pars. 
(1)(A), (2)(A), and (2)(B), and inserted in lieu thereof ``of an 
independent state of the former Soviet Union or of Estonia, Latvia, or 
Lithuania''. Sec. 905(b)(1)(A) of the FREEDOM Support Act (Public Law 
102-511; 106 Stat. 3356) made the same amendment.
    \12\ Sec. 582(b)(1)(B) of Public Law 102-391 (106 Stat. 1686) 
struck out ``in the Soviet Union'' and inserted in lieu thereof ``in 
that state''. Sec. 905(b)(1)(B) of the FREEDOM Support Act (Public Law 
102-511; 106 Stat. 3356) made the same amendment.
-----------------------------------------------------------------------

                  (B) one or more categories of aliens who are 
                or were nationals and residents of Vietnam, 
                Laos, or Cambodia and who share common 
                characteristics that identify them as targets 
                of persecution in such respective foreign state 
                on such an account.
          (2)(A) Aliens who are (or were) nationals and 
        residents of an independent state of the former Soviet 
        Union or of Estonia, Latvia, or Lithuania \11\ and who 
        are Jews or Evangelical Christians shall be deemed a 
        category of alien established under paragraph (1)(A).
          (B) Aliens who are (or were) nationals of an 
        independent state of the former Soviet Union or of 
        Estonia, Latvia, or Lithuania \11\ and who are current 
        members of, and demonstrate public, active, and 
        continuous participation (or attempted participation) 
        in the religious activities of, the Ukrainian Catholic 
        Church or the Ukrainian Orthodox Church, shall be 
        deemed a category of alien established under paragraph 
        (1)(A).
          (C) Aliens who are (or were) nationals and residents 
        of Vietnam, Laos, or Cambodia and who are members of 
        categories of individuals determined, by the Attorney 
        General in accordance with ``Immigration and 
        Naturalization Service Worldwide Guidelines for 
        Overseas Refugee Processing'' (issued by the 
        Immigration and Naturalization Service in August 1983) 
        shall be deemed a category of alien established under 
        paragraph (1)(B).
          (3) Within the number of admissions of refugees 
        allocated for each of fiscal years 1990, 1991, and 1992 
        \13\ for refugees who are nationals of the Soviet Union 
        under section 207(a)(3) of the Immigration and 
        Nationality Act and within the number of such 
        admissions allocated for each of fiscal years 1993, 
        1994, 1995, 1996, 1997, and 1998 \14\ for refugees who 
        are nationals of the independent states of the former 
        Soviet Union, Estonia, Latvia, and Lithuania under such 
        section,\15\ notwithstanding any other provision of 
        law, the President shall allocate one thousand of such 
        admissions for such fiscal year to refugees who are 
        within the category of aliens described in paragraph 
        (2)(B).

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    \13\ Sec. 598(a)(1) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2063), struck out ``fiscal year 1990'' and inserted in lieu 
thereof ``for each of fiscal years 1990, 1991, and 1992''.
    \14\ Sec. 512(1)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 466) struck 
out ``1993 and 1994'' and inserted in lieu thereof ``1993, 1994, 1995, 
and 1996''. Sec. 575(1)(A) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1997 (sec. 101(c) of title I 
of the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-
208; 110 Stat. 3009) further extended this to include 1997. Sec. 
101(1)(A) of Public Law 104-319 (110 Stat. 3864) made the same 
amendment as Public Law 104-208. Sec. 574(1)(A) of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1998 (Public Law 105-118; 111 Stat. 2432), struck out ``and 1997'' and 
inserted in lieu thereof ``1997, and 1998''.
    \15\ Sec. 582(a)(1)(A) of Public Law 102-391 (106 Stat. 1686) 
inserted ``and within the number of such admissions allocated for each 
of fiscal years 1993 and 1994 for refugees who are nationals of the 
independent states of the former Soviet Union, Estonia, Latvia, and 
Lithuania under such section'' after ``Act''.
    Sec. 905(a)(1) of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3356) made the same amendment.
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    (c) Written Reasons for Denials of Refugee Status.--Each 
decision to deny an application for refugee status of an alien 
who is within a category established under this section shall 
be in writing and shall state, to the maximum extent feasible, 
the reason for the denial.
    (d) Permitting Certain Aliens Within Categories to Reapply 
for Refugee Status.--Each alien who is within a category 
established under this section and who (after August 14, 1988, 
and before the date of the enactment of this Act) was denied 
refugee status shall be permitted to reapply for such status. 
Such an application shall be determined taking into account the 
application of this section.
    (e) Period of Application.--
          (1) Subsections (a) and (b) shall take effect on the 
        date of the enactment of this Act and shall only apply 
        to applications for refugee status submitted before 
        October 1, 1998.\16\

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    \16\ Sec. 598(a)(2) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2063), struck out ``October 1, 1990'' at each place it appeared 
in subsec. (e), and inserted in lieu thereof ``October 1, 1992''.
    Subsequently, sec. 582(a)(1)(B) of Public Law 102-391 (106 Stat. 
1686) extended this date to October 1, 1994. Sec. 905(a)(2) of the 
FREEDOM Support Act (Public Law 102-511; 106 Stat. 3356) made the same 
amendment. Sec. 512(1)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 466) further 
extended this date to October 1, 1996. Subsequent to that amendment, 
sec. 575(1)(b) of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1997 (sec. 101(c) of title I of the 
Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208; 110 
Stat. 3009) extended the date to October 1, 1997. Sec. 101(1)(B) of 
Public Law 104-319 (110 Stat. 3864) made the same amendment as Public 
Law 104-208. Sec. 574(1)(B) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1998 (Public Law 
105-118; 111 Stat. 2432), extended the date to October 1, 1998.
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          (2) Subsection (c) shall apply to decisions made 
        after the date of the enactment of this Act and before 
        October 1, 1998.\16\
          (3) Subsection (d) shall take effect on the date of 
        the enactment of this Act and shall only apply to 
        reapplications for refugee status submitted before 
        October 1, 1998.\16\

    adjustment of status for certain soviet and indochinese parolees

    Sec. 599E.\17\ (a) In General.--The Attorney General shall 
adjust the status of an alien described in subsection (b) to 
that of an alien lawfully admitted for permanent residence if 
the alien--

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    \17\ 8 U.S.C. 1255 note.
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          (1) applies for such adjustment,
          (2) has been physically present in the United States 
        for at least 1 year and is physically present in the 
        United States on the date the application for such 
        adjustment is filed,
          (3) is admissible to the United States as an 
        immigrant, except as provided in subsection (c), and
          (4) pays a fee (determined by the Attorney General) 
        for the processing of such application.
    (b) Aliens Eligible for Adjustment of Status.--The benefits 
provided in subsection (a) shall only apply to an alien who--
          (1) was a national of an independent state of the 
        former Soviet Union, Estonia, Latvia, Lithuania,\18\ 
        Vietnam, Laos, or Cambodia, and

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    \18\ Sec. 582(b)(2) of Public Law 102-391 (106 Stat. 1686) struck 
out ``of the Soviet Union,'' and inserted in lieu thereof ``of an 
independent state of the former Soviet Union, Estonia, Latvia, 
Lithuania,''. Sec. 905(b)(2) of the FREEDOM Support Act (Public Law 
102-511; 106 Stat. 3356) made the same amendment.
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          (2) was inspected and granted parole into the United 
        States during the period beginning on August 15, 1988, 
        and ending on September 30, 1998,\19\ after being 
        denied refugee status.

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    \19\ Sec. 598(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2063), struck out ``September 30, 1990'' at this point and 
inserted in lieu thereof ``September 30, 1992''. Subsequently, sec. 
582(a)(2) of Public Law 102-391 (106 Stat. 1686) extended the date to 
September 30, 1994. Sec. 512(2) of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 466) 
further extended this date to September 30, 1996. Sec. 575(2) of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1997 (sec. 101(c) of title I of the Omnibus 
Consolidated Appropriations Act, 1997; Public Law 104-208; 110 Stat. 
3009) further extended the date to September 30, 1997. Sec. 101(2) of 
Public Law 104-319 (110 Stat. 3864) made the same amendment as Public 
Law 104-208. Sec. 574(2) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2432) extended the date to September 30, 1998.
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    (c) Waiver of Certain Grounds for Inadmissibility.--The 
provisions of paragraphs (4), (5), and (7)(A) \20\ of section 
212(a) of the Immigration and Nationality Act shall not apply 
to adjustment of status under this section and the Attorney 
General may waive any other provision of such section (other 
than paragraph (2)(C) or subparagraph \21\ (A), (B), (C), or 
(E) of paragraph (3)) \22\ with respect to such an adjustment 
for humanitarian purposes, to assure family unity, or when it 
is otherwise in the public interest.

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    \20\ Sec. 603(a)(22) of Public Law 101-649 (104 Stat. 5084) struck 
out ``(14), (15), (20), (21), (25), (28) (other than subparagraph (F)), 
and (32)'' and inserted in lieu thereof ``(4), (5), and (7)(A)''.
    \21\ Sec. 219(bb) of the Immigration and Nationality Technical 
Corrections Act of 1994 (Public Law 103-416; 108 Stat. 4319) struck out 
``and subparagraphs'' and inserted in lieu thereof ``or subparagraph''.
    \22\ Sec. 307(l)(9) of Public Law 102-232 (105 Stat. 1757) struck 
out ``(23)(B), (27), (29), or (33)'' and inserted in lieu thereof 
``(2)(C) and subparagraphs (A), (B), (C), or (E) of paragraph (3)''.
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    (d) Date of Approval.--Upon the approval of such an 
application for adjustment of status, the Attorney General 
shall create a record of the alien's admission as a lawful 
permanent resident as of the date of the alien's inspection and 
parole described in subsection (b)(2).
    (e) No Offset in Number of Visas Available.--When an alien 
is granted the status of having been lawfully admitted for 
permanent residence under this section, the Secretary of State 
shall not be required to reduce the number of immigrant visas 
authorized to be issued under the Immigration and Nationality 
Act.

        *        *        *        *        *        *        *        

    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1990''.



     l. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 1988

   Partial text of Public Law 100-202 [Sec. 101(e) of the Continuing 
 Appropriations for 1988, H.J. Res. 395], 101 Stat. 1329-131, approved 
     December 22, 1987, as amended by Public Law 100-461 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988; Public Law 
 100-690 [International Narcotics Control Act of 1988, H.R. 5210], 102 
  Stat. 4181, approved November 18, 1988; Public Law 101-167 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
 1990; H.R. 3743], 103 Stat. 1195, approved November 21, 1989; Public 
 Law 101-240 [International Development and Finance Act of 1989, H.R. 
 2494], 103 Stat. 2492, approved December 19, 1989; Public Law 101-513 
      [Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1991; H.R. 5114], 104 Stat. 1979, approved November 
  5, 1990; Public Law 101-649 [Immigration Act of 1990; S. 358], 104 
  Stat. 4978, approved November 29, 1990; H.R. 2621 as passed by the 
House on June 19, 1991 [sections of which were enacted by reference by 
  Public Law 102-145 [Further Continuing Appropriations, Fiscal Year 
1992; H.J. Res. 360]], as amended, 105 Stat. 968, approved October 28, 
 1991; and Public Law 102-232 [Miscellaneous and Technical Immigration 
  and Naturalization Amendments of 1991; H.R. 3049], 105 Stat. 1733, 
                       approved December 12, 1991

   JOINT RESOLUTION Making further continuing appropriations for the 
               fiscal year 1988, and for other purposes.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That--

        *        *        *        *        *        *        *        

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1988, and 
                          for other purposes.

        *        *        *        *        *        *        *        

                     TITLE III--MILITARY ASSISTANCE

                  Funds Appropriated to the President

        *        *        *        *        *        *        *        

                   foreign military sales debt reform

  (a) Refinancing.--Notwithstanding any other provision of law, 
the President is authorized during fiscal years 1988 through 
1991 to transfer existing United States guaranties of 
outstanding Foreign Military Sales (FMS) credit debt, or to 
issue new guaranties, either of which would be applied to 
loans, bonds, notes or other obligations made or issued (as the 
case may be) by private United States financial institutions 
(the private lender) to finance the prepayment at par of the 
principal amounts maturing after September 30, 1989 of existing 
FMS loans bearing interest rates of eight \1\ percent or 
higher, and arrearages thereon. The loans, bonds, notes or 
other obligations are hereinafter referred to as the ``private 
loan'': Provided, That such guaranties which are transferred or 
are made pursuant to paragraph (a) shall cover no more and no 
less than ninety percent of the private loan or any portion or 
derivative thereof plus unpaid accrued interest and arrearages, 
if any, outstanding at the time of guaranty transfer or 
extension: Provided further, That the total amount of the 
guaranty of the private loan cannot exceed ninety percent of 
the outstanding principal, unpaid accrued interest and 
arrearages, if any, at any time: Provided further, That of the 
total amount of the private loan, the ninety percent guaranteed 
portion of the private loan cannot be separated from the 
private loan at any time: Provided further, That no sums in 
addition to the payment of the outstanding principal amounts 
maturing after September 30, 1989 of the loan (or advance), 
plus unpaid accrued interest thereon, and arrearages, if any, 
shall be charged by the private lender or the Federal Financing 
Bank as a result of such prepayment against the borrower, the 
guarantor, or the Guaranty Reserve Fund (GRF), except that the 
private lender may include, in the interest rate charged, a 
standard fee to cover costs, such fee which will be set at 
prevailing market rates, and no guaranty fee shall be charged 
on guarantees transferred or issued pursuant to this provision: 
Provided further, That the terms of guaranties transferred or 
issued under this paragraph shall be exactly the same as the 
existing loans or guarantees, except as modified by this 
paragraph and including but not limited to the final maturity 
and principal and interest payment structure of the existing 
loans which shall not be altered, except that the repayments of 
the private loan issued debt may be consolidated into two 
payments per year: Provided further, That the private loan or 
guarantees transferred or issued pursuant to this paragraph 
shall be fully and freely transferable, except that any 
guaranty transferred or extended shall cease to be effective if 
the private loan or any derivative thereof is to be used to 
provide significant support for any non- registered obligation: 
Provided further, That for purposes of sections 23 and 24 of 
the Arms Export Control Act (AECA), the term ``defense 
services'' shall be deemed to include the refinancing of FMS 
debt outstanding at the date of the enactment of this Act: 
Provided further, That not later than ninety days after the 
enactment of this Act, the Secretary of the Treasury 
(Secretary) shall issue regulations to carry out the purposes 
of this heading and that in issuing such regulations, the 
Secretary shall (1) facilitate the prepayment of loans and loan 
advances hereunder, (2) provide for full processing of each 
application within thirty days of its submission to the 
Secretary, and (3) except as provided in section 24(a) of the 
AECA, impose no restriction that increases the cost to 
borrowers of obtaining private financing for prepayment 
hereunder or that inhibits the ability of the borrower to enter 
into prepayment arrangements hereunder: Provided further, That 
the Secretary of State shall transmit to the Committee on 
Foreign Affairs of the House of Representatives, the Committee 
on Foreign Relations of the Senate, and the Committees on 
Appropriations of the House of Representatives and Senate, a 
copy of the text of any agreement entered into pursuant to this 
section not more than thirty days after its entry into force, 
together with a description of the transaction.

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    \1\ Title III of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1214) amended subsections (a) and (b) by striking all reference 
to ``ten'' and inserting in lieu thereof ``eight''.
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  (b) \2\ * * * [Repealed--1992]

-----------------------------------------------------------------------
    \2\ The paragraph under ``Foreign Military Sales Debt Reform'' in 
H.R. 2621 as passed by the House on June 19, 1991, and enacted by 
reference in sec. 118 of the Further Continuing Appropriations (Public 
Law 102-145, as amended by Public Law 102-266) repealed subsec. (b), 
which had provided as follows:
    ``(b) Interest Rate Reduction.--Notwithstanding any other provision 
of law, there is hereby appropriated such sums as may be necessary, but 
not more than $270,000,000, to be made available after October 1, 1988 
to the Secretary of Defense for the Defense Security Assistance Agency 
for deposit into a new account, to remain available until expended: 
Provided, That the funds shall be used solely for the purpose of 
lowering the interest rate on Foreign Military Sales (FMS) credits 
which were financed through the Federal Financing Bank (FFB) for 
countries which do not refinance one or more FFB loans pursuant to 
paragraph (a) of this heading, and which loans have interest rates 
exceeding eight percent, down to an interest rate of eight percent for 
the remaining life of such loans: Provided further, That these funds 
shall be available only subject to a Presidential budget request: 
Provided further, That it is the intent of the Congress that these 
funds shall be available to all countries having FMS credits from the 
FFB that carry interest rates in excess of eight percent.''.
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  (c) Arrearages.--(1) None of the funds provided pursuant to 
the Arms Export Control Act (relating to Foreign Military Sales 
credits) or pursuant to chapter 2 of part II of the Foreign 
Assistance Act (relating to the Military Assistance program) 
shall be made available to any country for which one or more 
loans is refinanced pursuant to paragraph (a) of this heading 
and which is in default for a period in excess of ninety days 
in payment of principal or interest on (A) any loan made to 
such country guaranteed by the United States pursuant to 
paragraph (a) of this heading, and (B) any other loan issued 
pursuant to the Arms Export Control Act outstanding on the date 
of enactment of this provision.
  (2) In conjunction with any interest rate reduction pursuant 
to the authority provided in paragraph (b) of this heading, the 
President shall require the country to commit in writing that 
within two years of the effective date of the interest rate 
reduction it will be no more than ninety days in arrears on the 
repayment of principal and interest on all loans for which the 
interest rate is thus reduced and will remain no more than 
ninety days in arrears for the remaining life of all such 
loans. None of the funds provided pursuant to the Arms Export 
Control Act or chapter 2 of part II of the Foreign Assistance 
Act shall be made available to any country during any period in 
which it fails to comply with such commitment.
  (d) Purposes and Reports.--The authorities of paragraphs (a) 
and (b) of this heading may be utilized by the President in 
efforts to negotiate base rights and base access agreements, 
and for other bilateral foreign policy matters: Provided 
further, That the Secretaries of Defense, State, and Treasury 
shall transmit to the Committee on Foreign Affairs of the House 
of Representatives, the Committee on Foreign Relations of the 
Senate, and the Committees on Appropriations of the House of 
Representatives and Senate a joint report detailing the United 
States financial and foreign policy purposes served by 
implementation of this authority on a country by country basis 
not later than March 1, 1989, and a second joint report not 
later than August 1, 1989.

        *        *        *        *        *        *        *        

                      TITLE V--GENERAL PROVISIONS

        *        *        *        *        *        *        *        

                         amerasian immigration

  Sec. 584. (a)(1) Notwithstanding any numerical limitations 
specified in the Immigration and Nationality Act, the Attorney 
General may admit aliens described in subsection (b) to the 
United States as immigrants if--
          (A) they are admissible (except as otherwise provided 
        in paragraph (2)) as immigrants, and
          (B) they are issued an immigrant visa and depart from 
        Vietnam on or after March 22, 1988, and ending on 
        September 30, 1990.\3\

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    \3\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1211) struck out ``during the 2-year period beginning 90 days 
after the date of the enactment of this Act'' and restated this 
paragraph to read ``they are issued an immigrant visa and depart from 
Vietnam during the period beginning on March 22, 1988, and ending on 
September 30, 1990.''.
    Subsequently, title II of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 1996), struck out ``during the period beginning on March 22, 
1988'' following ``Vietnam'' and inserted in lieu thereof ``on or after 
March 22, 1988''.
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  (2) The provisions of paragraphs (4), (5), and (7)(A) \4\ of 
section 212(a) of the Immigration and Nationality Act shall not 
be applicable to any alien seeking admission to the United 
States under this section, and the Attorney General on the 
recommendation of a consular officer may waive any other 
provision of such section (other than paragraph (2)(C) or 
subparagraph (A), (B), (C), or (E) \5\ of paragraph (3)) \5\ 
with respect to such an alien for humanitarian purposes, to 
assure family unity, or when it is otherwise in the public 
interest. Any such waiver by the Attorney General shall be in 
writing and shall be granted only on an individual basis 
following an investigation by a consular officer.

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    \4\ Sec. 603(a)(20)(A) of Public Law 101-649 (104 Stat. 5084) 
struck out ``(14), (15), (20), (21), (25), and (32)'' and inserted in 
lieu thereof ``(4), (5), and (7)(A)''.
    \5\ Sec. 603(a)(20)(B) of Public Law 101-649 (104 Stat. 5084) 
struck out ``(other than paragraph (27), (29), or (33) and other than 
so much of paragraph (23) as relates to trafficking in narcotics)'' and 
inserted in lieu thereof ``(other than paragraph (2)(C) or subparagraph 
(A), (B), (C), or (D) of paragraph (3))''.
    Subsequently, sec. 307(l)(8) of Public Law 102-232 (105 Stat. 1757) 
struck out ``(D)'' and inserted in lieu thereof ``(E)'' in par. (2).
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  (3) Notwithstanding section 221(c) of the Immigration and 
Nationality Act, immigrant visas issued to aliens under this 
section shall be valid for a period of one year.\6\

-----------------------------------------------------------------------
    \6\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1211) struck out ``8 months'' at this point and inserted in lieu 
thereof ``one year''.
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  (b)(1) An alien described in this section is an alien who, as 
of the date of the enactment of this Act, is residing in 
Vietnam and who establishes to the satisfaction of a consular 
officer or an officer of the Immigration and Naturalization 
Service after a face-to-face interview, that the alien--
          (A)(i) was born in Vietnam after January 1, 1962, and 
        before January 1, 1976, and (ii) was fathered by a 
        citizen of the United States (such an alien in this 
        section referred to as a ``principal alien'');
          (B) is the spouse or child of a principal alien and 
        is accompanying, or following to join, the principal 
        alien; or
          (C) subject to paragraph (2), either (i) is the 
        principal alien's natural mother (or is the spouse or 
        child of such mother), or (ii) has acted in effect as 
        the principal alien's mother, father, or next-of-kin 
        (or is the spouse or child of such an alien), and is 
        accompanying, or following to join, the principal 
        alien.
  (2) An immigrant visa may not be issued to an alien under 
paragraph (1)(C) unless \7\ the officer referred to in 
paragraph (1) has determined, in the officer's discretion, that 
(A) such an alien has a bona fide relationship with the 
principal alien similar to that which exists between close 
family members and (B) the admission of such an alien is 
necessary for humanitarian purposes or to assure family unity. 
If an alien described in paragraph (1)(C)(ii) is admitted to 
the United States, the natural mother of the principal alien 
involved shall not, thereafter, be accorded any right, 
privilege, or status under the Immigration and Nationality Act 
by virtue of such parentage.

-----------------------------------------------------------------------
    \7\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 1996), struck out ``the principal alien involved is unmarried 
and'' at this point.
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  (3) For purposes of this section, the term ``child'' has the 
meaning given such term in section 101(b)(1) (A), (B), (C), 
(D), and (E) of the Immigration and Nationality Act.
  (c) Any alien admitted (or awaiting admission) to the United 
States under this section shall be eligible for benefits under 
chapter 2 of title IV of the Immigration and Nationality Act to 
the same extent as individuals admitted (or awaiting admission) 
to the United States under section 207 of such Act are eligible 
for benefits under such chapter.
  (d) The Attorney General, in cooperation with the Secretary 
of State, shall report to Congress 1 year, 2 years, and 3 
years, after the date of the enactment of this Act on the 
implementation of this section. Each such report shall include 
the number of aliens who are issued immigrant visas and who are 
admitted to the United States under this section and number of 
waivers granted under subsection (a)(2) and the reasons for 
granting such waivers.
  (e) Except as otherwise specifically provided in this 
section, the definitions contained in the Immigration and 
Nationality Act shall apply in the administration of this 
section and nothing contained in this section shall be held to 
repeal, amend, alter, modify, effect, or restrict the powers, 
duties, functions, or authority of the Attorney General in the 
administration and enforcement of such Act or any other law 
relating to immigration, nationality, or naturalization. The 
fact that an alien may be eligible to be granted the status of 
having been lawfully admitted for permanent residence under 
this section shall not preclude the alien from seeking such 
status under any other provision of law for which the alien may 
be eligible.

        *        *        *        *        *        *        *        



  m. Foreign Assistance and Related Programs Appropriations Act, 1984

 Partial text of Public Law 98-151 [Further Continuing Appropriations 
 for Fiscal Year 1984, H.J. Res. 413], 97 Stat. 964, approved November 
                                14, 1983

  A JOINT RESOLUTION Making further continuing appropriations for the 
                           fiscal year 1984.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, and out of applicable 
corporate or other revenues, receipts, and funds, for the 
several departments, agencies, corporations, and other 
organization units of the government for the fiscal year 1984, 
and for other purposes, namely:
    Sec. 101. (a) * * *
    (b)(1) * * *
    \1\ None of the funds heretofore appropriated or otherwise 
made available for Syria for the purpose of carrying out the 
provisions of chapter 4 of part II of the Foreign Assistance 
Act of 1961 shall be expended after the date of enactment of 
this joint resolution. The Administrator of the Agency for 
International Development is directed to terminate the economic 
assistance program to Syria and to deobligate all funds 
heretofore obligated for assistance to Syria, except that such 
funds may continue to be available to finance the training or 
studies outside of Syria of students whose course of study or 
training program began before enactment of this joint 
resolution. The Administrator of the Agency for International 
Development is authorized to adopt as a contract of the United 
States Government, and assume any liabilities arising 
thereunder (in whole or in part), any contract with a United 
States contractor which had been funded by the Agency for 
International Development prior to the date of enactment of 
this joint resolution. Amounts certified pursuant to section 
1311 of the Supplemental Appropriations Act, 1955, as having 
been obligated against appropriations heretofore made pursuant 
to chapter 4 of part II of the Foreign Assistance Act of 1961 
(and predecessor legislation) for Syria are hereby continued 
available until expended to meet necessary expenses arising 
from the termination under this subsection of assistance 
programs for Syria authorized by such chapter: Provided, That 
this shall not be construed as permitting payments or 
reimbursements of any kind to the Government of Syria.

-----------------------------------------------------------------------
    \1\ 22 U.S.C. 2346a note. See also sec. 1004 of the Department of 
State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 
97 Stat. 1017), for provision concerning termination of assistance 
programs for Syria, Legislation on Foreign Relations Through 1997, vol. 
II.
    Sec. 101(j) of the Continuing Appropriations Act, 1986 (Public Law 
99-190) provided the following:

                              ``rescission

    ``Deobligation and rescission of funds: $11,200,000 of the funds 
remaining in the `Syria Termination Account' created by Public Law 98-
151 are deobligated and are rescinded: Provided, That the authority 
contained in sections 451, 492(b), and 614 of the Foreign Assistance 
Act of 1961, or any other provision of law, shall not be exercised to 
permit the use of funds remaining in the `Syria Termination Account' 
created by Public Law 98-151 for any other purposes than those for 
which the account was created.''.
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           n. Title 31, United States Code--Valid Obligations

Sec. 1108.\1\ Preparation and submission of appropriations requests to 
                    the President

    (a) In this section (except subsections (b)(1) and (e)), 
``agency'' means a department, agency, or instrumentality of 
the United States Government.

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    \1\ Sections 1108, 1501, and 1502 were originally enacted as sec. 
1311 of the Supplemental Appropriations Act, 1955 (Public Law 84-663; 
68 Stat. 800). Public Law 97-258 (96 Stat. 877) revised and codified 
certain general and permanent laws of the United States relating to 
money and finance, including sec. 1311 of Public Law 84-663.
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    (b)(1) The head of each agency shall prepare and submit to 
the President each appropriation request for the agency. The 
request shall be prepared and submitted in the form prescribed 
by the President under this chapter and by the date established 
by the President. When the head of an agency does not submit a 
request by that date, the President shall prepare the request 
for the agency to be included in the budget or changes in the 
budget or as deficiency and supplemental appropriations. The 
President may change agency appropriation requests. Agency 
appropriation requests shall be developed from cost-based 
budgets in the way and at times prescribed by the President. 
The head of the agency shall use the cost-based budget to 
administer the agency and to divide appropriations or amounts.
    (2) An officer or employee of an agency in the executive 
branch may submit to the President or Congress a request for 
legislation authorizing deficiency or supplemental 
appropriations for the agency only with the approval of the 
head of the agency.
    (c) The head of an agency shall include with an 
appropriation request submitted to the President a report that 
the statement of obligations submitted with the requests 
contains obligations consistent with section 1501 of this 
title. The head of the agency shall support the report with a 
certification of the consistency and shall support the 
certification with records showing that the amounts have been 
obligated. The head of the agency shall designate officials to 
make the certifications, and those officials may not delegate 
the duty to make the certifications. The certifications and 
records shall be kept in the agency--
          (1) in a form that makes audits and reconciliations 
        easy; and
          (2) for a period necessary to carry out audits and 
        reconciliations.
    (d) To the extent practicable, the head of an agency 
shall--
          (1) provide information supporting the agency's 
        budget request for its missions by function and 
        subfunction (including the mission of each 
        organizational unit of the agency); and
          (2) relate the agency's programs to its missions.
    (e) Except as provided in subsection (f) of this section, 
an officer or employee of an agency (as defined in section 1101 
of this title) may submit to Congress or a committee of 
Congress an appropriations estimate or request, a request for 
an increase in that estimate or requests, or a recommendation 
on meeting the financial needs of the Government only when 
requested by either House of Congress.
    (f) The Interstate Commerce Commission shall submit to 
Congress copies of budget estimates, requests, and information 
(including personnel needs), legislative recommendations, 
prepared testimony for congressional hearings, and comments on 
legislation at the same time they are sent to the President or 
the Office of Management and Budget. An officer of an agency 
may not impose conditions on or impair communication by the 
Commission with Congress, or a committee or member of Congress, 
about the information.
    (g) Amounts available under law are available for field 
examinations of appropriation estimates. The use of the amounts 
is subject only to regulations prescribed by the appropriate 
standing committees of Congress.

        *        *        *        *        *        *        *        

                  CHAPTER 15--APPROPRIATION ACCOUNTING

                         SUBCHAPTER I--GENERAL

Sec. 1501.\1\ Documentary evidence requirement for Government 
                    obligations

    (a) An amount shall be recorded as an obligation of the 
United States Government only when supported by documentary 
evidence of--
          (1) a binding agreement between an agency and another 
        person (including an agency) that is--
                  (A) in writing, in a way and form, and for a 
                purpose authorized by law; and
                  (B) executed before the end of the period of 
                availability for obligation of the 
                appropriation or fund used for specific goods 
                to be delivered, real property to be bought or 
                leased, or work or service to be provided;
          (2) a loan agreement showing the amount and terms of 
        repayment;
          (3) an order required by law to be placed with an 
        agency;
          (4) an order issued under a law authorizing purchases 
        without advertising--
                  (A) when necessary because of a public 
                exigency;
                  (B) for perishable subsistence supplies; or
                  (C) within specific monetary limits;
          (5) a grant or subsidy payable--
                  (A) from appropriations made for payment of, 
                or contributions to, amounts required to be 
                paid in specific amounts fixed by law or under 
                formulas prescribed by law;
                  (B) under an agreement authorized by law; or
                  (C) under plans approved consistent with and 
                authorized by law;
          (6) a liability that may result from pending 
        litigation;
          (7) employment or services of persons or expenses of 
        travel under law;
          (8) services provided by public utilities; or
          (9) other legal liability of the Government against 
        an available appropriation or fund.
    (b) A statement of obligations provided to Congress or a 
committee of Congress by an agency shall include only those 
amounts that are obligations consistent with subsection (a) of 
this section.

Sec. 1502.\1\ Balances available

    (a) The balance of an appropriation or fund limited for 
obligation to a definite period is available only for payment 
of expense properly incurred during the period of availability 
or to compete contracts properly made with that period of 
availability and obligated consistent with section 1501 of this 
title. However, the appropriation or fund is not available for 
expenditure for a period beyond the period otherwise authorized 
by law.
    (b) A provision of law requiring that the balance of an 
appropriation or fund be returned to the general fund of the 
Treasury at the end of a definite period does not affect the 
status of lawsuits or rights of action involving the right to 
an amount payable from the balance.

        *        *        *        *        *        *        *        

                  SUBCHAPTER IV--CLOSING ACCOUNTS \2\

Sec. 1551. Definitions; applicability of subchapter \3\

  (a) In this subchapter--

-----------------------------------------------------------------------
    \2\ Section 1405(a) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1675) amended and 
restated subchapter IV of chapter 15 of title 31, U.S.C., secs. 1551-
1557. See also sec. 1405(b) of that Act, as amended, in Legislation on 
Foreign Relations Through 1997, vol. I-B.
    \3\ Sec. 1054(e)(2) of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2503) restated the 
section catchline. It formerly read ``Definitions and applications''.
-----------------------------------------------------------------------

          (1) An obligated balance of an appropriation account 
        as of the end of a fiscal year is the amount of 
        unliquidated obligations applicable to the 
        appropriation less amounts collectible as repayments to 
        the appropriation.
          (2) An unobligated balance is the difference between 
        the obligated balance and the total unexpended balance.
          (3) A fixed appropriation account is an appropriation 
        account available for obligation for a definite period.
  (b) The limitations on the availability for expenditure 
prescribed in this subchapter apply to all appropriations 
unless specifically otherwise authorized by a law that 
specifically--
          (1) identifies the appropriate account for which the 
        availability for expenditure is to be extended;
          (2) provides that such account shall be available for 
        recording, adjusting, and liquidating obligations 
        properly chargeable to that account; and
          (3) extends the availability for expenditure of the 
        obligated balances.
  (c) This subchapter does not apply to--
          (1) appropriations for the District of Columbia 
        government; or
          (2) appropriations to be disbursed by the Secretary 
        of the Senate or the Chief Administrative Officer \4\ 
        of the House of Representatives.

-----------------------------------------------------------------------
    \4\ Sec. 219(b)(1) of Public Law 104-186 (110 Stat. 1748) struck 
out ``Clerk'' and inserted in lieu thereof ``Chief Administrative 
Officer''.
-----------------------------------------------------------------------

Sec. 1552. Procedure for appropriation accounts available for definite 
                    periods

  (a) \5\ On September 30th of the 5th fiscal year after the 
period of availability for obligation of a fixed appropriation 
account ends, the account shall be closed and any remaining 
balance (whether obligated or unobligated) in the account shall 
be canceled and thereafter shall not be available for 
obligation or expenditure for any purpose.

-----------------------------------------------------------------------
    \5\ Sec. 1406 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1680) required the following:
    ``Sec. 1406. Audit of Obligated Balances of Department of Defense
    ``(a) Audit Requirement.--The Secretary of Defense shall provide 
for an audit of each account of the Department of Defense established 
under paragraph (1) of section 1552(a) of title 31, United States Code, 
as in effect on the day before the date of the enactment of this Act. 
The audit shall, with respect to each such account, identify--
          ``(1) the balance in the account;
          ``(2) the amount of such balance that is considered by the 
        Secretary (as of the time of the audit) to represent amounts 
        required for valid obligations (as supported by documentary 
        evidence as required by section 1501 of title 31) and the 
        amount of such balance that is considered by the Secretary (as 
        of the time of the audit) to represent amounts for obligations 
        that are considered no longer valid;
          ``(3) the sources of amounts in the account, shown by fiscal 
        year and by amount for each fiscal year; and
          ``(4) such other matters as the Secretary considers 
        appropriate.
    ``(b) Deobligation of Obligations No Longer Valid.--Any obligated 
amounts in accounts of the Department of Defense established under 
paragraph (1) of section 1552(a) of title 31, United States Code, that 
are determined pursuant to the audit under subsection (a) to represent 
amounts for obligations that are no longer valid shall be deobligated 
and canceled.
    ``(c) Report on Audit.--Not later than December 31, 1991, the 
Secretary of Defense shall submit to Congress a report containing the 
results of the audit conducted pursuant to subsection (a). The report 
shall set forth--
          ``(1) the information required to be identified pursuant to 
        subsection (a); and
          ``(2) for each appropriation account (A) the average length 
        of time funds have been obligated, (B) the average size of the 
        obligation, and (iii) the object classification of the 
        obligations, all shown for total obligations and separately for 
        valid obligations and obligations that are no longer valid.''.
    See also sec. 1003 of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2481), in Legislation 
on Foreign Relations Through 1997, vol. I-B.
-----------------------------------------------------------------------

  (b) Collections authorized or required to be credited to an 
appropriation account, but not received before closing of the 
account under subsection (a) or under section 1555 of this 
title shall be deposited in the Treasury as miscellaneous 
receipts.

Sec. 1553. Availability of appropriation accounts to pay obligations

  (a) After the end of the period of availability for 
obligation of a fixed appropriation account and before the 
closing of that account under section 1552(a) of this title, 
the account shall retain its fiscal-year identity and remain 
available for recording, adjusting, and liquidating obligations 
properly chargeable to that account.
  (b)(1) Subject to the provisions of paragraph (2), after the 
closing of an account under section 1552(a) or 1555 of this 
title, obligations and adjustments to obligations that would 
have been properly chargeable to that account, both as to 
purpose and in amount, before closing and that are not 
otherwise chargeable to any current appropriation account of 
the agency may be charged to any current appropriation account 
of the agency available for the same purpose.
  (2) The total amount of charges to an account under paragraph 
(1) may not exceed an amount equal to 1 percent of the total 
appropriations for that account.
  (c)(1) In the case of a fixed appropriation account with 
respect to which the period of availability for obligation has 
ended, if an obligation of funds from that account to provide 
funds for a program, project, or activity to cover amounts 
required for contract changes would cause the total amount of 
obligations from that appropriation during a fiscal year for 
contract changes for that program, project, or activity to 
exceed $4,000,000, the obligation may only be made if the 
obligation is approved by the head of the agency (or an officer 
of the agency within the Office of the head of the agency to 
whom the head of the agency has delegated the authority to 
approve such an obligation).
  (2) In the case of a fixed appropriation account with respect 
to which the period of availability for obligation has ended, 
if an obligation of funds from that account to provide funds 
for a program, project, or activity to cover amounts required 
for contract changes would cause the total amount obligated 
from that appropriation during a fiscal year for that program, 
project, or activity to exceed $25,000,000, the obligation may 
not be made until--
          (A) the head of the agency submits to the appropriate 
        authorizing committees of Congress and the Committees 
        on Appropriations of the Senate and the House of 
        Representatives a notice in writing of the intent to 
        obligate such funds, together with a description of the 
        legal basis for the proposed obligation and the policy 
        reasons for the proposed obligation; and
          (B) a period of 30 days has elapsed after the notice 
        is submitted.
  (3) In this subsection, the term `contract change' means a 
change to a contract under which the contractor is required to 
perform additional work. Such term does not include adjustments 
to pay claims or increases under an escalation clause.
  (d)(1) Obligations under this section may be paid without 
prior action of the Comptroller General.
  (2) This subchapter does not--
          (A) relieve the Comptroller General of the duty to 
        make decisions requested under law; or
          (B) affect the authority of the Comptroller General 
        to settle claims and accounts.

Sec. 1554. Audit, control, and reporting

  (a) Any audit requirement, limitation on obligations, or 
reporting requirement that is applicable to an appropriation 
account shall remain applicable to that account after the end 
of the period of availability for obligation of that account.
  (b)(1) After the close of each fiscal year, the head of each 
agency shall submit to the President and the Secretary of the 
Treasury a report regarding the unliquidated obligations, 
unobligated balances, canceled balances, and adjustments made 
to appropriation accounts of that agency during the completed 
fiscal year. The report shall be submitted no later than 15 
days after the date on which the President's budget for the 
next fiscal year is submitted to Congress under section 1105 of 
this title.
  (2) Each report required by this subsection shall--
          (A) provide a description, with reference to the 
        fiscal year of appropriations, of the amount in each 
        account, its source, and an itemization of the 
        appropriations accounts;
          (B) describe all current and expired appropriations 
        accounts;
          (C) describe any payments made under section 1553 of 
        this title;
          (D) describe any adjustment of obligations during 
        that fiscal year pursuant to section 1553 of this 
        title;
          (E) contain a certification by the head of the agency 
        that the obligated balances in each appropriation 
        account of the agency reflect proper existing 
        obligations and that expenditures from the account 
        since the preceding review were supported by a proper 
        obligation of funds and otherwise were proper;
          (F) describe all balances canceled under sections 
        1552 and 1555 of this title.
  (3) The head of each Federal agency shall provide a copy of 
each such report to the Speaker of the House of Representatives 
and the Committee on Appropriations, the Committee on 
Governmental Affairs, and other appropriate oversight and 
authorizing committees of the Senate.
  (c) \6\ * * * [Repealed--1991]

-----------------------------------------------------------------------
    \6\ Sec. 1004(b) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1457) (1) 
struck out subsec. (c), and (2) redesignated subsec. (d) as subsec. 
(c).
    The former subsec. (c) had required the Director of the 
Congressional Budget Office to estimate the effect on the Federal 
deficit of payments and adjustments made with respect to sections 1552 
and 1553 of this title for each agency and annually report on the same.
    Sec. 1004(a) of Public Law 102-190 further required the following:
    ``(a) Temporary Requirement for OMB Report.--At the same time that 
the President submits to Congress the budget for each of fiscal years 
1993, 1994, 1995, and 1996 under section 1105 of title 31, United 
States Codes, the Director of the Office of Management and Budget shall 
submit to Congress a report regarding the effect on the Federal Deficit 
of payments and adjustments made with respect to sections 1552 and 1553 
of such title for the fiscal year in which such budget is submitted, 
the fiscal year preceding that fiscal year, and the fiscal year covered 
by that budget. The report shall include separate estimates for the 
accounts of each agency.''.
-----------------------------------------------------------------------

  (c) \6\ The head of each agency shall establish internal 
controls to assure that an adequate review of obligated 
balances is performed to support the certification required by 
section 1108(c) of this title.

Sec. 1555. Closing of appropriation accounts available for indefinite 
                    periods

  An appropriation account available for obligation for an 
indefinite period shall be closed, and any remaining balance 
(whether obligated or unobligated) in that account shall be 
canceled and thereafter shall not be available for obligation 
or expenditure for any purpose, if--
          (1) the head of the agency concerned or the President 
        determines that the purposes for which the 
        appropriation was made have been carried out; and
          (2) no disbursement has been made against the 
        appropriation for two consecutive fiscal years.

Sec. 1556. Comptroller General: reports on appropriation accounts

  (a) In carrying out audit responsibilities, the Comptroller 
General shall report on operations under this subchapter to--
          (1) the head of the agency concerned;
          (2) the Secretary of the Treasury; and
          (3) the President.
  (b) A report under this section shall include an appraisal of 
unpaid obligations under fixed appropriation accounts for which 
the period of availability for obligation has ended.

Sec. 1557. Authority for exemptions in appropriation laws

  A provision of an appropriation law may exempt an 
appropriation from the provisions of this subchapter and fix 
the period for which the appropriation remains available for 
expenditure.

Sec. 1558. Availability of funds following resolution of a protest \7\

    (a) Notwithstanding section 1552 of this title or any other 
provision of law, funds available to an agency for obligation 
for a contract at the time a protest is filed in connection 
with a solicitation for, proposed award of, or award of such 
contract shall remain available for obligation for 90 working 
days after the date on which the final ruling is made on the 
protest. A ruling is considered final on the date on which the 
time allowed for filing an appeal or request for 
reconsideration has expired, or the date on which a decision is 
rendered on such an appeal or request, whichever is later.

-----------------------------------------------------------------------
    \7\ Added by sec. 813(a) of Public Law 101-189 (103 Stat. 1494).
-----------------------------------------------------------------------

    (b) Subsection (a) applies with respect to any protest 
filed under subchapter V of chapter 35 of this title or under 
section 111(f) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 759(f)).




=======================================================================

          Note.--Appendix I lists Public Laws included in 
        Legislation on Foreign Relations Through 1997, arranged 
        by Public Law number with corresponding short title or 
        popular name.

=======================================================================



                               APPENDIX I                               

------------------------------------------------------------------------
             Public Law No.                         Short Title         
------------------------------------------------------------------------
105-119.................................  Departments of Commerce,      
                                           Justice, and State, the      
                                           Judiciary, and Related       
                                           Agencies Appropriations Act, 
                                           1998                         
105-119.................................  Department of State           
                                           Appropriations Act, 1998     
105-118.................................  Foreign Operations, Export    
                                           Financing, and Related       
                                           Programs Appropriations Act, 
                                           1998                         
105-107.................................  Intelligence Authorization Act
                                           for Fiscal Year 1998         
105-100.................................  Nicaraguan Adjustment and     
                                           Central American Relief Act  
                                           (title II)                   
105-96..................................  Asian Elephant Conservation   
                                           Act of 1997                  
105-86..................................  Agriculture, Rural            
                                           Development, Food and Drug   
                                           Administration, and Related  
                                           Agencies Appropriations Act, 
                                           1998                         
105-85..................................  National Defense Authorization
                                           Act for Fiscal Year 1998     
105-83..................................  Department of the Interior and
                                           Related Agencies             
                                           Appropriations Act, 1998     
105-56..................................  Department of Defense         
                                           Appropriations Act, 1998     
105-46..................................  Continuing Appropriations,    
                                           Fiscal Year 1998             
105-42..................................  International Dolphin         
                                           Conservation Program Act     
105-18..................................  1997 Emergency Supplemental   
                                           Appropriations Act for       
                                           Recovery from Natural        
                                           Disasters, and for Overseas  
                                           Peacekeeping Efforts,        
                                           Including Those in Bosnia    
104-319.................................  Human Rights, Refugee, and    
                                           Other Foreign Relations      
                                           Provisions Act of 1996       
104-309.................................  Records Relating to Nazi War  
                                           Crimes                       
104-297.................................  Sustainable Fisheries Act     
104-293.................................  Intelligence Authorization Act
                                           for Fiscal Year 1997         
104-293.................................  Combatting Proliferation of   
                                           Weapons of Mass Destruction  
                                           Act of 1996 (title VII)      
104-269.................................  Release of USIA Materials:    
                                           VOA, Radio Marti Recordings  
104-264.................................  Federal Aviation              
                                           Reauthorization Act of 1996  
104-227.................................  Antarctic Science, Tourism,   
                                           and Conservation Act of 1996 
104-208.................................  Omnibus Consolidated          
                                           Appropriations for Fiscal    
                                           Year 1997                    
104-208.................................  Foreign Operations, Export    
                                           Financing, and Related       
                                           Programs Appropriations Act, 
                                           1997 (title I, sec. 101(c))  
104-203.................................  Most-Favored-Nation Treatment 
                                           for Cambodia                 
104-201.................................  National Defense Authorization
                                           Act for Fiscal Year 1997     
104-201.................................  Defense Against Weapons of    
                                           Mass Destruction Act of 1996 
                                           (title XIV)                  
104-201.................................  Panama Canal Commission       
                                           Authorization Act for Fiscal 
                                           Year 1997 (title XXXV,       
                                           subtitle A)                  
104-201.................................  Panama Canal Act Amendments of
                                           1996 (title XXXV, subtitle B)
104-172.................................  Iran and Libya Sanctions Act  
                                           of 1996                      
104-171.................................  Most-Favored-Nation Treatment 
                                           for Romania                  
104-164.................................  Miscellaneous Amendments and  
                                           Authorization--FYs 1996 and  
                                           1997                         
104-162.................................  Most-Favored-Nation Treatment 
                                           for People's Republic of     
                                           Bulgaria                     
104-161.................................  Release of USIA Materials:    
                                           ``Fragile Ring of Life''     
104-132.................................  Antiterrorism and Effective   
                                           Death Penalty Act of 1996    
104-127.................................  Federal Agriculture           
                                           Improvement and Reform Act of
                                           1996                         
104-114.................................  Cuban Liberty and Democratic  
                                           Solidarity (LIBERTAD) Act of 
                                           1996                         
104-107.................................  Foreign Operations, Export    
                                           Financing, and Related       
                                           Programs Appropriations Act, 
                                           1996                         
104-106.................................  National Defense Authorization
                                           Act for Fiscal Year 1996     
104-106.................................  Ballistic Missile Defense Act 
                                           of 1995 (title II, subtitle  
                                           C)                           
104-93..................................  Intelligence Authorization Act
                                           for Fiscal Year 1996         
104-72..................................  Au Pair Extension             
104-45..................................  Jerusalem Embassy Act of 1995 
104-43..................................  Fisheries Act of 1995         
104-43..................................  High Seas Fishing Compliance  
                                           Act of 1995 (title I)        
104-43..................................  Northwest Atlantic Fisheries  
                                           Convention Act of 1995 (title
                                           II)                          
104-43..................................  Atlantic Tunas Convention Act 
                                           of 1995 (title III)          
104-43..................................  Sea of Okhotsk Fisheries      
                                           Enforcement Act of 1995      
                                           (title V)                    
104-43..................................  High Seas Driftnet Fishing    
                                           Moratorium Protection Act    
                                           (title VI)                   
104-43..................................  Yukon River Salmon Act of 1995
                                           (title VII)Act for Fiscal    
                                           Year 1997                    
104-6...................................  Emergency Supplemental        
                                           Appropriations and           
                                           Rescissions for the          
                                           Department of Defense to     
                                           Preserve and Enhance Military
                                           Readiness Act of 1995        
104-6...................................  Mexican Debt Disclosure Act of
                                           1995 (title IV)              
103-465.................................  Uruguay Rounds Agreements Act 
103-465.................................  Export Enhancement Program    
                                           Amendments of 1994 (title IV,
                                           subtitle A, part II, sec.    
                                           411(a))                      
103-447.................................  International Narcotics       
                                           Control Corrections Act of   
                                           1994                         
103-447.................................  NATO Participation Act of 1994
                                           (title II)                   
103-423.................................  United States Policy Toward   
                                           Haiti                        
103-416.................................  Visa for Officials of Taiwan  
103-392.................................  Jobs Through Trade Expansion  
                                           Act of 1994                  
103-391.................................  Rhinoceros and Tiger          
                                           Conservation Act of 1994     
103-381.................................  African Conflict Resolution   
                                           Act                          
103-379.................................  Irish-American Heritage Month,
                                           1995-1996                    
103-378.................................  Transfer of Naval Vessels to  
                                           Certain Foreign Countries    
103-372.................................  To Provide for an             
                                           Investigation of the         
                                           Whereabouts of U.S. Citizens 
                                           Missing From Cyprus Since    
                                           1974                         
103-337.................................  National Defense Authorization
                                           Act for Fiscal Year 1995     
103-306.................................  Foreign Operations, Export    
                                           Financing, and Related       
                                           Programs Appropriations Act, 
                                           1995                         
103-295.................................  Transfer of Naval Vessels to  
                                           Certain Foreign Countries    
103-294.................................  Helsinki Human Rights Day     
103-236.................................  Foreign Relations             
                                           Authorization Act, Fiscal    
                                           Years 1994 and 1995          
103-236.................................  Mike Mansfield Fellowship Act 
                                           (title II, part C)           
103-236.................................  United States International   
                                           Broadcasting Act of 1994     
                                           (title III)                  
103-236.................................  Spoils of War Act of 1994     
                                           (title V, part B)            
103-236.................................  Anti-Economic Discrimination  
                                           Act of 1994 (title V, part C)
103-236.................................  Cambodian Genocide Justice Act
                                           (title V, part D)            
103-236.................................  Middle East Peace Facilitation
                                           Act of 1994 (title V, part E)
103-236.................................  Arms Control and              
                                           Nonproliferation Act of 1994 
                                           (title VII, part A)          
103-236.................................  Nuclear Proliferation         
                                           Prevention Act of 1994 (title
                                           VIII)                        
103-236.................................  Protection and Reduction of   
                                           Government Secrecy Act (title
                                           IX)                          
103-206.................................  Coast Guard Authorization Act 
                                           of 1993                      
103-199.................................  Act For Reform in Emerging New
                                           Democracies and Support and  
                                           Help for Improved Partnership
                                           with Russia, Ukraine, and    
                                           Other New Independent States 
                                           (FRIENDSHIP Act)             
103-182.................................  North American Free Trade     
                                           Agreement Implementation Act 
103-174.................................  Transfer of Naval Vessels to  
                                           Certain Foreign Countries    
103-160.................................  National Defense Authorization
                                           Act for Fiscal Year 1994     
103-160.................................  Cooperative Threat Reduction  
                                           Act of 1993 (title XII)      
103-160.................................  Defense Conversion,           
                                           Reinvestment, and Transition 
                                           Assistance Amendments of 1993
                                           (title XIII)                 
103-160.................................  National Shipbuilding and     
                                           Shipyard Conversion Act of   
                                           1993 (title XIII, subtitle D)
103-160.................................  Panama Canal Commission       
                                           Authorization Act for Fiscal 
                                           Year 1994 (title XXXV)       
103-158.................................  Act to Honor the Victims of   
                                           the Bombing of Panam Flight  
                                           103                          
103-149.................................  South African Democratic      
                                           Transition Support Act of    
                                           1993                         
103-139.................................  Department of Defense         
                                           Appropriations Act, 1994     
103-133.................................  Nondiscriminatory Treatment   
                                           Toward Products of Romania   
103-125.................................  Middle East Peace Facilitation
                                           Act of 1993                  
103-87..................................  Foreign Operations, Export    
                                           Financing, and Related       
                                           Programs Appropriations Act, 
                                           Fiscal Year 1994             
103-87..................................  Supplemental Appropriations   
                                           for the New Independent      
                                           States of the Former Soviet  
                                           Union Act, 1993 (title VI)   
103-54..................................  Transfer of Naval Vessels to  
                                           Certain Foreign Countries    
102-588.................................  National Aeronautics and Space
                                           Administration Authorization 
                                           Act, Fiscal Year 1993        
102-587.................................  Oceans Act of 1992            
102-587.................................  North Pacific Anadromous      
                                           Stocks Convention Act of 1992
                                           (title VIII)                 
102-582.................................  High Seas Driftnet Fisheries  
                                           Enforcement Act              
102-582.................................  Central Bering Sea Fisheries  
                                           Enforcement Act of 1992      
                                           (title III)                  
102-567.................................  North Pacific Anadromous      
                                           Stocks Act of 1992 (title    
                                           VIII)                        
102-565.................................  Peace Corps Authorization for 
                                           Fiscal Year 1993             
102-549.................................  Jobs Through Exports Act of   
                                           1992                         
102-549.................................  Aid, Trade, and               
                                           Competitiveness Act of 1992  
                                           (title III)                  
102-549.................................  Enterprise for the Americas   
                                           Act of 1992 (title VI)       
102-532.................................  Enterprise for the Americas   
                                           Initiative Act of 1992       
102-523.................................  International Dolphin         
                                           Conservation Act of 1992     
102-511.................................  Freedom for Russia and        
                                           Emerging Eurasian Democracies
                                           and Open Markets Support Act 
                                           of 1992 (FREEDOM Support Act)
102-509.................................  Soviet Scientists Immigration 
                                           Act of 1992                  
102-486.................................  Energy Policy Act of 1992     
102-484.................................  National Defense Authorization
                                           Act for Fiscal Year 1993     
102-484.................................  Former Soviet Union           
                                           Demilitarization Act of 1992 
                                           (title XIV)                  
102-484.................................  Weapons of Mass Destruction   
                                           Control Act of 1992 (title   
                                           XV)                          
102-484.................................  Iran-Iraq Arms Non-           
                                           Proliferation Act of 1992    
                                           (title XVI)                  
102-484.................................  Cuban Democracy Act of 1992   
                                           (title XVII)                 
102-484.................................  Panama Canal Commission       
                                           Authorization Act for Fiscal 
                                           Year 1993 (title XXXV)       
102-454.................................  Distribution of USIA Materials
102-450.................................  Asian/Pacific American        
                                           Heritage Month--Designation  
102-429.................................  Export Enhancement Act of 1992
102-420.................................  Withdrawal of MFN From Serbia 
                                           and Montenegro               
102-404.................................  Chinese Student Protection Act
                                           of 1992                      
102-391.................................  Foreign Operations, Export    
                                           Financing, and Related       
                                           Programs Appropriations Act, 
                                           1993                         
102-396.................................  Department of Defense         
                                           Appropriations Act, 1993     
102-383.................................  United States-Hong Kong Policy
                                           Act of 1992                  
102-372.................................  Tourism Policy and Export     
                                           Promotion Act of 1992        
102-363.................................  Nondiscriminatory Treatment   
                                           Toward Products of Albania   
102-311.................................  International Peacekeeping Act
                                           of 1992                      
102-274.................................  Horn of Africa Recovery and   
                                           Food Security Act            
102-270.................................  Peace Process in Liberia      
102-256.................................  Torture Victim Protection Act 
                                           of 1991                      
102-247.................................  Omnibus Insular Areas Act of  
                                           1992                         
102-237.................................  Food, Agriculture,            
                                           Conservation, and Trade Act  
                                           Amendments of 1991           
102-228.................................  Conventional Forces in Europe 
                                           Treaty Implementation Act of 
                                           1991                         
102-228.................................  Soviet Nuclear Threat         
                                           Reduction Act of 1991 (title 
                                           II)                          
102-197.................................  Most-Favored Nation Treatment 
                                           for the Union of Soviet      
                                           Socialist Republics          
102-195.................................  National Aeronautics and Space
                                           Administration Authorization 
                                           Act, Fiscal Year 1992        
102-190.................................  National Defense Authorization
                                           Act for Fiscal Years 1992 and
                                           1993                         
102-190.................................  Missile Defense Act of 1991   
                                           (title II, part C)           
102-190.................................  Panama Canal Commission       
                                           Authorization Act for Fiscal 
                                           Year 1992 (title XXXV)       
102-183.................................  David L. Boren National       
                                           Security Education Act of    
                                           1991 (title VIII)            
102-182.................................  Termination of Trade          
                                           Restrictions to              
                                           Czechoslovakia and Hungary   
102-182.................................  Andean Trade Preference Act   
                                           (title II)                   
102-182.................................  Chemical and Biological       
                                           Weapons Control and Warfare  
                                           Elimination Act of 1991      
                                           (title III)                  
102-158.................................  Most-Favored Nation Treatment 
                                           for People's Republic of     
                                           Bulgaria                     
102-157.................................  Most-Favored Nation Treatment 
                                           for Mongolian People's       
                                           Republic                     
102-138.................................  Foreign Relations             
                                           Authorization Act, Fiscal    
                                           Years 1992 and 1993          
102-138.................................  North/South Center Act of 1991
                                           (sec. 208)                   
102-21..................................  Emergency Supplemental        
                                           Assistance for Israel Act of 
                                           1991                         
102-20..................................  Foreign Relations Persian Gulf
                                           Conflict Emergency           
                                           Supplemental Authorization   
                                           Act, Fiscal Year 1991        
102-1...................................  Authorization for Use of U.S. 
                                           Armed Forces Pursuant to U.N.
                                           Security Council Resolution  
                                           678                          
101-649.................................  Immigration Act of 1990       
101-647.................................  Crime Control Act of 1990     
101-646.................................  Nonindigenous Aquatic Nuisance
                                           Prevention and Control Act of
                                           1990                         
101-627.................................  Fishery Conservation          
                                           Amendments of 1990           
101-627.................................  Dolphin Protection Consumer   
                                           Information Act (title IX)   
101-624.................................  Food, Agriculture,            
                                           Conservation, and Trade Act  
                                           of 1990                      
101-624.................................  Agricultural Development and  
                                           Trade Act of 1990 (title XV) 
101-624.................................  Global Climate Change         
                                           Prevention Act of 1990 (title
                                           XXIV)                        
101-623.................................  International Narcotics       
                                           Control Act of 1990          
101-620.................................  Protection of Antarctica      
101-611.................................  National Aeronautics and Space
                                           Administration Authorization 
                                           Act, Fiscal Year 1991        
101-610.................................  National and Community Service
                                           Act of 1990                  
101-606.................................  Global Change Research Act of 
                                           1990                         
101-606.................................  International Cooperation in  
                                           Global Change Research Act of
                                           1990 (title II)              
101-604.................................  Aviation Security Improvement 
                                           Act of 1990                  
101-594.................................  Antarctic Protection Act of   
                                           1990                         
101-549.................................  Clean Air Act Amendments      
101-541.................................  Most-Favored-Nation Treatment 
                                           for Czechoslovakia           
101-533.................................  Foreign Direct Investment and 
                                           International Financial Date 
                                           Improvements Act of 1990     
101-513.................................  Foreign Operations, Export    
                                           Financing, and Related       
                                           Programs Appropriations Act  
                                           1991                         
101-513.................................  European Bank for             
                                           Reconstruction and           
                                           Development Act (sec. 562(c))
101-513.................................  Iraq Sanctions Act of 1990    
                                           (secs. 586-586J)             
101-513.................................  International Forestry        
                                           Cooperation Act of 1990      
                                           (title VI)                   
101-511.................................  Department of Defense         
                                           Appropriations Act, 1991     
101-510.................................  National Defense Authorization
                                           Act for Fiscal Year 1991     
101-510.................................  Panama Canal Commission       
                                           Authorization Act for Fiscal 
                                           Year 1991 (title XXXV)       
101-508.................................  Omnibus Budget Reconciliation 
                                           Act of 1990                  
101-508.................................  Budget Enforcement Act of 1990
                                           (title XIII)                 
101-454.................................  Eisenhower Exchange Fellowship
                                           Act of 1990                  
101-454.................................  Fascell Fellowship Amendments 
                                           Act of 1990 (sec. 9)         
101-438.................................  Rio Grande American Canal     
                                           Extension Act of 1990        
101-382.................................  Customs and Trade Act of 1990 
101-382.................................  Caribbean Basin Economic      
                                           Recovery Expansion Act of    
                                           1990 (title II)              
101-382.................................  Forest Resources Conservation 
                                           and Shortage Relief Act of   
                                           1990 (title IV)              
101-380.................................  Oil Pollution Act of 1990     
101-328.................................  National Space Council        
                                           Authorization Act of 1990    
101-298.................................  Biological Weapons Anti-      
                                           Terrorism Act of 1989        
101-246.................................  Foreign Relations             
                                           Authorization Act, Fiscal    
                                           Years 1990 and 1991          
101-246.................................  PLO Commitments Compliance Act
                                           of 1989 (title VIII)         
101-243.................................  Urgent Assistance for         
                                           Democracy in Panama Act of   
                                           1990                         
101-240.................................  International Development and 
                                           Finance Act of 1989          
101-240.................................  Foreign Debt Reserving Act of 
                                           1989 (title IV)              
101-240.................................  Global Environmental          
                                           Protection Assistance Act of 
                                           1989 (title VII)             
101-231.................................  International Narcotics       
                                           Control Act of 1989          
101-219.................................  Implementation of Compact of  
                                           Free Association With Palau  
101-216.................................  Arms Control and Disarmament  
                                           Amendments Act of 1989       
101-215.................................  Survival Assistance for       
                                           Victims of Civil Strife in   
                                           Central America              
101-189.................................  National Defense Authorization
                                           Act for Fiscal Years 1990 and
                                           1991                         
101-179.................................  Support for East European     
                                           Democracy (SEED) Act of 1989 
101-167.................................  Foreign Operations, Export    
                                           Financing, and Related       
                                           Programs Appropriations Act, 
                                           1990                         
101-162.................................  Departments of Commerce,      
                                           Justice, and State, the      
                                           Judiciary, and Related       
                                           Agencies Appropriations Act, 
                                           1990                         
101-62..................................  Implementing Agreement for    
                                           Vienna Convention on         
                                           Diplomatic Relations         
100-690.................................  International Narcotics       
                                           Control Act of 1988 (title   
                                           IV)                          
100-685.................................  National Aeronautics and Space
                                           Administration Authorization 
                                           Act, Fiscal Year 1989        
100-629.................................  U.S.-U.S.S.R. Fishing         
                                           Agreement                    
100-576.................................  Bangladesh Disaster Assistance
                                           Act of 1988                  
100-530.................................  International Cooperation to  
                                           Protect Biological Diversity 
100-478.................................  African Elephant Conservation 
                                           Act (title II)               
100-465.................................  Rio Grande Pollution          
                                           Correction Act of 1987       
100-463.................................  Department of Defense         
                                           Appropriations Act, 1989     
100-461.................................  Overseas Private Investment   
                                           Corporation Amendments Act of
                                           1988 (H.R. 5263, enacted by  
                                           reference)                   
100-461.................................  Miscellaneous International   
                                           Affairs Authorization Act of 
                                           1988 (S. 2757, enacted by    
                                           reference)                   
100-456.................................  National Defense Authorization
                                           Act, Fiscal Year 1989        
100-449.................................  United States-Canada Free     
                                           Trade Agreement              
                                           Implementation Act of 1988   
100-418.................................  Omnibus Trade and             
                                           Competitiveness Act of 1988  
100-418.................................  Telecommunications Trade Act  
                                           of 1988 (title I, subtitle C,
                                           part 4)                      
100-418.................................  Export Enhancement Act 1988   
                                           (title II)                   
100-418.................................  Fair Trade in Auto Parts Act  
                                           of 1988 (title II, subtitle  
                                           A, part II)                  
100-418.................................  American Aid to Poland Act of 
                                           1988 (title II, subtitle B,  
                                           part II)                     
100-418.................................  Multilateral Export Control   
                                           Enhancement Amendments Act   
                                           (title II, subtitle D, part  
                                           II)                          
100-418.................................  Exchange Rates and            
                                           International Economic Policy
                                           Coordination Act of 1988     
                                           (title III, subtitle A)      
100-418.................................  International Debt Management 
                                           Act of 1988 (title III,      
                                           subtitle B)                  
100-418.................................  Multilateral Development Banks
                                           Procurement Act (title III,  
                                           subtitle C)                  
100-418.................................  Export-Import Bank and Tied   
                                           Aid Credit Amendments of 1988
                                           (title III, subtitle D)      
100-418.................................  Primary Dealers Act of 1988   
                                           (title III, subtitle F)      
100-418.................................  Financial Reports Act of 1988 
                                           (title III, subtitle G)      
100-418.................................  Agricultural Competitiveness  
                                           and Trade Act of 1988 (title 
                                           IV)                          
100-418.................................  Pesticide Monitoring          
                                           Improvements Act of 1988     
                                           (title IV, subtitle G)       
100-418.................................  Foreign Corrupt Practices Act 
                                           Amendments of 1988 (title V, 
                                           subtitle A, part I)          
100-418.................................  Competitiveness Policy Council
                                           Act (title V, part I,        
                                           subtitle C)                  
100-418.................................  Small Business International  
                                           Trade and Competitiveness Act
                                           (title VII)                  
100-418.................................  Foreign Shipping Practices Act
                                           of 1988 (title X)            
100-393.................................  Dire Emergency Supplemental   
                                           Appropriations Act, 1988     
100-373.................................  International Energy Emergency
                                           Authorities: Extension       
100-350.................................  German Democratic Republic    
                                           Fishery Agreement            
100-330.................................  South Pacific Tuna Act of 1988
100-300.................................  International Child Abduction 
                                           Remedies Act                 
100-276.................................  Central American Peace        
                                           Assistance                   
100-220.................................  United States-Japan Fishery   
                                           Agreement Approval Act of    
                                           1987                         
100-220.................................  Driftnet Impact Monitoring,   
                                           Assessment, and Control Act  
                                           of 1987 (title IV)           
100-213.................................  Arms Control and Disarmament  
                                           Amendments Act of 1987       
100-204.................................  Foreign Relations             
                                           Authorization Act, Fiscal    
                                           Years 1988 and 1989          
100-204.................................  United States Information     
                                           Agency Authorization Act,    
                                           Fiscal Years 1988 and 1989   
                                           (title II)                   
100-204.................................  Board for International       
                                           Broadcasting Authorization   
                                           Act, Fiscal Years 1988 and   
                                           1989 (title V)               
100-204.................................  Anti-Terrorism Act of 1987    
                                           (title X)                    
100-204.................................  Global Climate Protection Act 
                                           of 1987 (title XI)           
100-202.................................  Continuing Appropriations,    
                                           Fiscal Year 1988             
100-202.................................  Department of State           
                                           Appropriations Act, 1988     
                                           (sec. 101(a), title III)     
100-202.................................  Cuban Political Prisoners and 
                                           Immigrants (sec. 101(a),     
                                           title VII)                   
100-202.................................  Indochinese Refugee and       
                                           Resettlement Act of 1987     
                                           (sec. 101(a), title VIII)    
100-202.................................  Foreign Operations, Export    
                                           Financing, and Related       
                                           Programs Appropriations Act, 
                                           1988 (sec. 101(e))           
100-202.................................  Multilateral Investment       
                                           Guarantee Agency Act (sec.   
                                           101(e), H.R. 3570, enacted by
                                           reference, title IV)         
100-180.................................  National Defense Authorization
                                           Act for Fiscal Years 1988 and
                                           1989                         
100-147.................................  National Aeronautics and Space
                                           Administration Authorization 
                                           Act of 1988                  
100-113.................................  Federal Triangle Development  
                                           Act                          
100-66..................................  United States-Korea Fishery   
                                           Agreement                    
99-661..................................  National Defense Authorization
                                           Act, Fiscal Year 1987        
99-661..................................  Department of Defense         
                                           Authorization Act, 1987      
                                           (Division A)                 
99-658..................................  Approval of the Compact of    
                                           Free Association With the    
                                           Government of Palau          
99-630..................................  Humpback Whales Wildlife      
                                           Sanctuary (West Indies)      
99-603..................................  Immigration Reform and Control
                                           Act of 1986                  
99-570..................................  International Narcotics       
                                           Control Act of 1986 (title   
                                           II)                          
99-529..................................  Special Foreign Assistance Act
                                           of 1986                      
99-513..................................  R.M.S. Titanic Maritime       
                                           Memorial Act of 1986         
99-498..................................  Higher Education Amendments of
                                           1986                         
99-475..................................  Release of USIA Materials to  
                                           Museums                      
99-472..................................  Export-Import Bank Act        
                                           Amendments of 1986           
99-415..................................  Anglo-Irish Agreement Support 
                                           Act of 1986                  
99-399..................................  Omnibus Diplomatic Security   
                                           and Antiterrorism Act of 1986
99-399..................................  Diplomatic Security Act       
                                           (titles I-IV)                
99-399..................................  Victims of Terrorism          
                                           Compensation Act (title VIII)
99-399..................................  International Maritime and    
                                           Port Security Act (title IX) 
99-399..................................  Fascell Fellowship Act (title 
                                           X)                           
99-239..................................  Compact of Free Association   
                                           Act of 1985                  
99-198..................................  Food Security Act of 1985     
99-198..................................  Food for Progress Act of 1985 
                                           (sec. 1110)                  
99-190..................................  Further Continuing            
                                           Appropriations, 1985         
99-190..................................  Multilateral Development Bank 
                                           Act of 1985 (sec. 101(i),    
                                           H.R. 2253, enacted by        
                                           reference)                   
99-180..................................  Departments of Commerce,      
                                           Justice, and State, the      
                                           Judiciary, and Related       
                                           Agencies Appropriations Act, 
                                           1986                         
99-177..................................  Balanced Budget and Emergency 
                                           Deficit Control Act of 1985  
                                           [Gramm-Rudman-Hollings Act]  
99-162..................................  Sales of Arms to Jordan       
99-145..................................  Department of Defense         
                                           Authorization Act, 1986      
99-93...................................  Foreign Relations             
                                           Authorization Act, Fiscal    
                                           Years 1986 and 1987          
99-93...................................  United States Information     
                                           Agency Authorization Act,    
                                           Fiscal Years 1986 and 1987   
                                           (title II)                   
99-93...................................  Board for International       
                                           Broadcasting Authorization   
                                           Act, Fiscal Years 1986 and   
                                           1987 (title III)             
99-93...................................  Iran Claims Settlement (title 
                                           V)                           
99-93...................................  United States Scholarship     
                                           Program for Developing       
                                           Countries Authorization,     
                                           Fiscal Years 1986 & 1987     
                                           (title VI)                   
99-93...................................  Arms Control and Disarmament  
                                           Act Authorization for Fiscal 
                                           Years 1986 and 1987 (title   
                                           VII)                         
99-88...................................  Supplemental Appropriations   
                                           Act, 1985                    
99-88...................................  Jordan Supplemental Economic  
                                           Assistance Authorization Act 
                                           of 1985 (title IV)           
99-85...................................  Authorization for an Improved 
                                           U.S./Soviet Direct           
                                           Communications Link          
99-83...................................  International Security and    
                                           Development Cooperation Act  
                                           of 1985                      
99-83...................................  International Narcotics       
                                           Control Act of 1985 (title   
                                           VI)                          
99-83...................................  Peace Corps Authorization for 
                                           Fiscal Years 1986 and 1987   
                                           (title XI)                   
99-64...................................  Export Administration         
                                           Amendments Act of 1985       
99-47...................................  United States-Israel Free     
                                           Trade Area Implementation Act
                                           of 1985                      
99-8....................................  African Famine Relief and     
                                           Recovery Act of 1985         
99-5....................................  Pacific Salmon Treaty Act of  
                                           1985                         
98-623..................................  Governing International       
                                           Fishery Agreements With      
                                           Iceland and the European     
                                           Economic Community (title I) 
98-623..................................  Antarctic Marine Living       
                                           Resources Convention Act of  
                                           1984 (title III)             
98-618..................................  Intelligence Authorization Act
                                           for Fiscal Year 1985         
98-573..................................  Trade and Tariff Act of 1984  
98-573..................................  International Trade and       
                                           Investment Act (title III)   
98-573..................................  Generalized System of         
                                           Preferences Renewal Act of   
                                           1984 (title V)               
98-573..................................  Steel Import Stabilization Act
                                           (title VIII)                 
98-573..................................  Wine Equity and Export        
                                           Expansion Act of 1984 (title 
                                           IX)                          
98-562..................................  Cooperative East-West Ventures
                                           in Space                     
98-533..................................  1984 Act to Combat            
                                           International Terrorism      
98-525..................................  Department of Defense         
                                           Authorization Act, 1985      
98-525..................................  United States Institute for   
                                           Peace Act (title XVII)       
98-473..................................  Continuing Appropriations,    
                                           1985                         
98-473..................................  Inter-American Investment     
                                           Corporation Act (title II, S.
                                           2416, enacted by reference)  
98-473..................................  President's Emergency Food    
                                           Assistance Act of 1984 (title
                                           III)                         
98-447..................................  United States Government      
                                           Opposition to the Practice of
                                           Torture                      
98-445..................................  Eastern Pacific Tuna Licensing
                                           Act of 1984                  
98-373..................................  Arctic Research and Policy Act
                                           of 1984 (title I)            
98-373..................................  National Critical Materials   
                                           Act of 1984 (title II)       
98-266..................................  Clement J. Zablocki Memorial  
                                           Outpatient Facility, American
                                           Children's Hospital, Krakow, 
                                           Poland                       
98-258..................................  Agricultural Programs         
                                           Adjustment Act of 1984       
98-258..................................  Agricultural Exports (title V)
98-198..................................  Child Health Revolution       
98-181..................................  Supplemental Appropriations   
                                           Act, 1984                    
98-181..................................  Trade and Development         
                                           Enhancement Act of 1983      
                                           (title VI, part C)           
98-181..................................  International Lending         
                                           Supervision Act of 1983      
                                           (title IX)                   
98-181..................................  Multilateral Development      
                                           Banks: Sense of Congress     
                                           (title X)                    
98-164..................................  Department of State           
                                           Authorization Act, Fiscal    
                                           Years 1984 and 1985 (titles  
                                           I, X)                        
98-164..................................  United States Information     
                                           Agency Authorization Act,    
                                           Fiscal Years 1984 and 1985   
                                           (title II)                   
98-164..................................  Board for International       
                                           Broadcasting Authorization   
                                           Act, Fiscal Years 1984 and   
                                           1985 (title III)             
98-164..................................  Asia Foundation Act (title IV)
98-164..................................  National Endowment for        
                                           Democracy Act (title V)      
98-164..................................  Foreign Missions Amendments   
                                           Act (title VI)               
98-164..................................  International Environmental   
                                           Protection Act of 1983 (title
                                           VII)                         
98-164..................................  Research and Training for     
                                           Eastern Europe and the       
                                           Independent States of the    
                                           Former Soviet Union Act of   
                                           1983 (title VIII)            
98-164..................................  United States-India Fund for  
                                           Cultural, Educational, and   
                                           Scientific Cooperation Act   
                                           (title IX)                   
98-151..................................  Continuing Resolution, 1984   
98-151..................................  Foreign Assistance and Related
                                           Programs Appropriations Act, 
                                           1984 (sec. 101(b)(1))        
98-151..................................  International Security and    
                                           Development Assistance       
                                           Authorization Act of 1983    
                                           (sec. 101(b)(2))             
98-119..................................  Multinational Force in Lebanon
                                           Resolution                   
98-111..................................  Radio Broadcasting to Cuba Act
98-94...................................  Department of Defense         
                                           Authorization Act, 1984      
98-67...................................  Caribbean Basin Economic      
                                           Recovery Act (title II)      
98-43...................................  Lebanon Emergency Assistance  
                                           Act of 1983                  
97-446..................................  Convention on Cultural        
                                           Property Implementation Act  
                                           (title III)                  
97-425..................................  Nuclear Waste Policy Act of   
                                           1982                         
97-418..................................  Protection of Foreign Missions
97-389..................................  Fisheries Amendments of 1982  
97-389..................................  Atlantic Salmon Convention Act
                                           of 1982 (title III)          
97-389..................................  Governing International       
                                           Fishery Agreements with Japan
                                           and Spain (title IV)         
97-342..................................  Transfer of Naval Vessels to  
                                           Foreign Governments          
97-325..................................  International Carriage of     
                                           Perishable Foodstuffs Act    
97-290..................................  Export Trading Company Act of 
                                           1982 (title I)               
97-290..................................  Bank Export Services Act      
                                           (title II)                   
97-252..................................  Department of Defense         
                                           Authorization Act, 1983      
97-241..................................  Department of State           
                                           Authorization Act, Fiscal    
                                           Years 1982 and 1983          
97-241..................................  Foreign Missions Act (title   
                                           II)                          
97-241..................................  United States Information     
                                           Agency Authorization Act,    
                                           Fiscal Years 1982 and 1983   
                                           (title III)                  
97-241..................................  Board for International       
                                           Broadcasting Authorization   
                                           Act, Fiscal Years 1982 and   
                                           1983 (title IV)              
97-229..................................  Energy Emergency Preparedness 
                                           Act of 1982                  
97-145..................................  Export Administration         
                                           Amendments Act of 1981       
97-132..................................  Multinational Force and       
                                           Observers Participation      
                                           Resolution                   
97-127..................................  Czechoslovakian Claims        
                                           Settlement Act of 1981       
97-113..................................  International Security and    
                                           Development Cooperation Act  
                                           of 1981                      
97-98...................................  Agriculture and Food Act of   
                                           1981                         
97-98...................................  Agriculture Trade and Export  
                                           Policy Commission Act (title 
                                           XII, subtitle C)             
97-35...................................  African Development Bank Act  
                                           (title XIII, subtitle B, part
                                           3)                           
96-599..................................  International Coffee Agreement
                                           Act of 1980                  
96-561..................................  American Fisheries Promotion  
                                           Act (title II)               
96-533..................................  International Security and    
                                           Development Cooperation Act  
                                           of 1980                      
96-533..................................  African Development Foundation
                                           Act (title V)                
96-494..................................  Agriculture Act of 1980       
96-494..................................  Agricultural Trade Suspension 
                                           Adjustment Act of 1980 (title
                                           II)                          
96-494..................................  Food Security Commodity       
                                           Reserve Act of 1996 (title   
                                           III)                         
96-487..................................  Alaska National Interests     
                                           Lands Conservation Act       
96-478..................................  Act to Prevent Pollution from 
                                           Ships                        
96-465..................................  Foreign Service Act of 1980   
96-449..................................  Hostage Relief Act of 1980    
96-422..................................  Refugee Education Assistance  
                                           Act of 1980                  
96-389..................................  Bretton Woods Agreements Act  
                                           Amendments, 1980             
96-339..................................  Atlantic Tunas Convention Act 
                                           of 1975, Appropriation       
                                           Authorization                
96-323..................................  North Atlantic Treaty         
                                           Organization Mutual Support  
                                           Act of 1979                  
96-283..................................  Deep Seabed Hard Mineral      
                                           Resources Act                
96-283..................................  Deep Seabed Hard Mineral      
                                           Removal Tax Act of 1979      
                                           (title IV)                   
96-280..................................  Nuclear Non-Proliferation Act 
                                           of 1978--Agreements for      
                                           Cooperation                  
96-271..................................  International Natural Rubber  
                                           Agreement Appropriation      
                                           Authorization for Fiscal Year
                                           1981                         
96-259..................................  Providing for Increased       
                                           Participation by the United  
                                           States in the Inter-American 
                                           and Asian Development Banks  
                                           and African Development Fund 
96-236..................................  International Sugar Agreement,
                                           1977, Implementation         
96-212..................................  Refugee Act of 1980           
96-175..................................  Strategic and Critical        
                                           Materials Transaction        
                                           Authorization Act of 1979    
96-133..................................  Energy Policy and Conservation
                                           Act Amendments               
96-92...................................  International Security        
                                           Assistance Act of 1979       
96-72...................................  Export Administration Act of  
                                           1979                         
96-70...................................  Panama Canal Act of 1979      
96-60...................................  Department of State           
                                           Authorization Act, Fiscal    
                                           Years 1980 and 1981 (title I)
96-60...................................  International Communication   
                                           Agency Authorization Act,    
                                           Fiscal Years 1980 and 1981   
                                           (title II)                   
96-53...................................  International Development     
                                           Cooperation Act of 1979      
96-39...................................  Trade Agreements Act of 1979  
96-35...................................  Special International Security
                                           Assistance Act of 1979       
96-9....................................  Reaffirming North Atlantic    
                                           Alliance--United States      
                                           Commitment                   
96-8....................................  Taiwan Relations Act          
95-630..................................  Financial Institutions        
                                           Regulatory and Interest Rate 
                                           Control Act of 1978          
95-630..................................  Export-Import Bank Act        
                                           Amendments of 1978 (title    
                                           XIX)                         
95-561..................................  Education Amendments of 1978  
95-561..................................  National Academy of Peace and 
                                           Conflict Resolution (title   
                                           XV, part B)                  
95-511..................................  Foreign Intelligence          
                                           Surveillance Act of 1978     
95-501..................................  Agricultural Trade Act of 1978
95-485..................................  Department of Defense         
                                           Appropriation Authorization  
                                           Act, 1979                    
95-452..................................  Inspector General Act of 1978 
95-435..................................  Bretton Woods Agreements Act  
                                           Amendments, 1978             
95-426..................................  Foreign Relations             
                                           Authorization Act, Fiscal    
                                           Year 1979                    
95-426..................................  International Communication   
                                           Agency Authorization for     
                                           Fiscal Year 1979 (title II)  
95-424..................................  International Development and 
                                           Food Assistance Act of 1978  
95-393..................................  Diplomatic Relations Act      
95-384..................................  International Security        
                                           Assistance Act of 1978       
95-287..................................  Reaffirming the Unity of the  
                                           North Atlantic Alliance      
                                           Commitment                   
95-242..................................  Nuclear Non-Proliferation Act 
                                           of 1978                      
95-238..................................  Department of Energy Act of   
                                           1978                         
95-223..................................  International Emergency       
                                           Economic Powers Act (title   
                                           II)                          
95-213..................................  Foreign Corrupt Practices Act 
                                           of 1977 (title I)            
95-118..................................  International Financial       
                                           Institutions Act             
95-113..................................  Food and Agriculture Act of   
                                           1977                         
95-105..................................  Foreign Relations             
                                           Authorization Act, Fiscal    
                                           Year 1978                    
95-105..................................  United States Information     
                                           Agency Authorization for     
                                           Fiscal Year 1978 (title II)  
95-92...................................  International Security        
                                           Assistance Act of 1977       
95-88...................................  International Development and 
                                           Food Assistance Act of 1977  
95-6....................................  Fishery Conservation Zone     
                                           Transition Act               
94-583..................................  Foreign Sovereign Immunities  
                                           Act of 1976                  
94-472..................................  International Investment and  
                                           Trade in Services Survey Act 
94-412..................................  National Emergencies Act      
94-350..................................  Foreign Relations             
                                           Authorization Act, Fiscal    
                                           Year 1977                    
94-350..................................  United States Information     
                                           Agency Authorization for     
                                           Fiscal Year 1977 (title II)  
94-350..................................  Foreign Service Retirement    
                                           Amendments of 1976 (title V) 
94-329..................................  International Security        
                                           Assistance and Arms Export   
                                           Control Act of 1976          
94-304..................................  Establishing a Commission on  
                                           Security and Cooperation in  
                                           Europe                       
94-302..................................  African Development Fund Act  
                                           (title II)                   
94-265..................................  Magnuson Fishery Conservation 
                                           and Management Act of 1976   
94-265..................................  Driftnet Act Amendments of    
                                           1990 (sec. 206)              
94-163..................................  Energy Policy and Conservation
                                           Act                          
94-161..................................  International Development and 
                                           Food Assistance Act of 1975  
94-141..................................  Foreign Relations             
                                           Authorization Act, Fiscal    
                                           Year 1976                    
94-118..................................  Japan-United States Friendship
                                           Act                          
94-110..................................  Joint Resolution to Implement 
                                           the United States Proposal   
                                           for the Early-Warning System 
                                           in Sinai                     
94-70...................................  Atlantic Tunas Convention Act 
                                           of 1975                      
94-39...................................  National Aeronautics and Space
                                           Administration Authorization 
                                           Act, 1976                    
93-627..................................  Deepwater Port Act of 1974    
93-618..................................  Trade Act of 1974             
93-618..................................  Narcotics Control Trade Act   
                                           (title VIII)                 
93-559..................................  Foreign Assistance Act of 1974
93-479..................................  Foreign Investment Study Act  
                                           of 1974                      
93-475..................................  State Department/USIA         
                                           Authorization Act, Fiscal    
                                           Year 1975                    
93-366..................................  Antihijacking Act of 1974     
93-365..................................  Department of Defense         
                                           Appropriation Authorization  
                                           Act, 1975                    
93-248..................................  Intervention on the High Seas 
                                           Act                          
93-205..................................  Endangered Species Act of 1973
93-199..................................  Emergency Security Assistance 
                                           Act of 1973                  
93-189..................................  Foreign Assistance Act of 1973
93-188..................................  United Nations Environment    
                                           Program Participation Act of 
                                           1973                         
93-168..................................  USIA Appropriations           
                                           Authorization Act of 1973    
93-153..................................  Trans-Alaska Pipeline         
                                           Authorization Act            
93-148..................................  War Powers Resolution         
93-129..................................  Board for International       
                                           Broadcasting Act of 1973     
93-126..................................  Department of State           
                                           Appropriations Authorization 
                                           Act of 1973                  
93-110..................................  Par Value Modification Act--  
                                           Foreign Currency Reports     
                                           (title II)                   
92-544..................................  Departments of State, Justice,
                                           and Commerce, the Judiciary, 
                                           and Related Agencies         
                                           Appropriations Act, 1973     
92-522..................................  Marine Mammal Protection Act  
                                           of 1972                      
92-499..................................  Act to Extend Diplomatic      
                                           Privileges to the Commission 
                                           of the European Communities  
92-403..................................  Case Act--Transmittal of      
                                           International Agreements     
92-352..................................  Foreign Relations             
                                           Authorization Act of 1972    
92-268..................................  Par Value Modification Act    
92-257..................................  Trust Territory of the Pacific
                                           Islands Act                  
92-226..................................  Foreign Assistance Act of 1971
92-39...................................  Micronesian Claims Act of 1971
91-672..................................  Foreign Military Sales Act    
                                           Amendments, 1971             
91-652..................................  Special Foreign Assistance Act
                                           of 1971                      
91-441..................................  Armed Forces Appropriation    
                                           Authorization, 1971          
91-269..................................  United States Recognition and 
                                           Participation in             
                                           International Expositions    
91-175..................................  Foreign Assistance Act of     
                                           1969, as amended             
90-629..................................  Arms Export Control Act       
90-554..................................  Foreign Assistance Act of 1968
90-553..................................  International Center Act      
90-390..................................  Export Loans--Assistance      
90-349..................................  Special Drawing Rights Act    
90-137..................................  Foreign Assistance Act of 1967
89-732..................................  Cuban Refugee Adjustment Act  
89-673..................................  Foreign Gifts and Decorations 
                                           Act of 1966                  
89-583..................................  Foreign Assistance Act of 1966
89-532..................................  Convention on the Settlement  
                                           of Investment Disputes Act of
                                           1966                         
89-486..................................  Foreign Agents Registration   
                                           Act Amendments               
89-369..................................  Asian Development Bank Act    
89-296..................................  Ryukyu Islands Claims         
                                           Settlement Act               
89-259..................................  Cultural Objects--Importation 
                                           for Temporary Display        
89-171..................................  Foreign Assistance Act of 1965
89-134..................................  Peace Corps Act Amendments    
88-633..................................  Foreign Assistance Act of 1964
88-408..................................  Tonkin Gulf Resolution        
88-205..................................  Foreign Assistance Act of 1963
87-826..................................  Collection and Publication of 
                                           Foreign Commerce and Trade   
                                           Statistics                   
87-794..................................  Trade Expansion Act of 1962   
87-733..................................  Cuban Resolution              
87-565..................................  Foreign Assistance Act of 1962
87-510..................................  Migration and Refugee         
                                           Assistance Act of 1962       
87-297..................................  Arms Control and Disarmament  
                                           Act                          
87-293..................................  Peace Corps Act               
87-256..................................  Mutual Educational and        
                                           Cultural Exchange Act of 1961
87-195..................................  Foreign Assistance Act of 1961
87-125..................................  General Government Matters,   
                                           Department of Commerce, and  
                                           Related Agencies             
                                           Appropriation Act, 1962      
86-735..................................  Latin American Development Act
86-628..................................  Legislative Branch            
                                           Appropriation Act, 1961      
86-565..................................  International Development     
                                           Association Act              
86-472..................................  Mutual Security Act of 1960   
86-472..................................  Center for Cultural and       
                                           Technical Interchange Between
                                           East and West Act of 1960    
                                           (chapter VII)                
86-420..................................  Mexico-United States          
                                           Interparliamentary Group     
86-147..................................  Inter-American Development    
                                           Bank Act                     
86-108..................................  Mutual Security Act of 1959   
86-42...................................  Canada-United States          
                                           Interparliamentary Group     
85-931..................................  Agricultural Trade Development
                                           and Assistance Act of 1954-- 
                                           Extension and Amendment      
85-846..................................  EURATOM Cooperation Act of    
                                           1958                         
85-568..................................  National Aeronautics and Space
                                           Act of 1958                  
85-474..................................  Departments of State and      
                                           Justice, the Judiciary, and  
                                           Related Agencies             
                                           Appropriation Act, 1959      
85-177..................................  International Atomic Energy   
                                           Agency Participation Act of  
                                           1957                         
85-7....................................  Resolution To Promote Peace   
                                           and Stability in the Middle  
                                           East                         
84-885..................................  State Department Basic        
                                           Authorities Act of 1956      
84-689..................................  United States Group of the    
                                           North Atlantic Treaty        
                                           Parliamentary Conferences--  
                                           Participation Resolution     
84-350..................................  International Finance         
                                           Corporation Act              
83-703..................................  Atomic Energy Act of 1954     
83-680..................................  Fisherman's Protective Act of 
                                           1967                         
83-665..................................  Mutual Security Act of 1954   
83-480..................................  Agricultural Trade Development
                                           and Assistance Act of 1954   
83-451..................................  Civil Government for the Trust
                                           Territory of the Pacific     
                                           Islands                      
82-486..................................  Extending Certain Privileges  
                                           to Representatives of        
                                           Organization of American     
                                           States                       
82-414..................................  Immigration and Nationality   
                                           Act                          
81-764..................................  Tuna Conventions Act of 1950  
81-676..................................  Whaling Convention Act of 1949
81-507..................................  National Science Foundation   
                                           Act of 1950                  
81-455..................................  International Claims          
                                           Settlement Act of 1949       
81-439..................................  Agricultural Act of 1949      
80-772..................................  Act of June 25, 1948          
80-772..................................  Logan Act--Private            
                                           Correspondence With Foreign  
                                           Governments                  
80-772..................................  Johnson Act--Financial        
                                           Transactions With Foreign    
                                           Governments                  
80-402..................................  United States Information and 
                                           Educational Exchange Act of  
                                           1948                         
80-357..................................  United Nations Headquarters   
                                           Agreement Act                
80-253..................................  National Security Council     
79-547..................................  Act of July 25, 1946          
79-291..................................  International Organizations   
                                           Immunities Act               
79-264..................................  United Nations Participation  
                                           Act of 1945                  
79-173..................................  Export-Import Bank Act of 1945
79-171..................................  Bretton Woods Agreements Act  
76-54...................................  Neutrality Act of 1939        
75-583..................................  Foreign Agents Registration   
                                           Act of 1938                  
75-543..................................  Act of May 25, 1938           
71-361..................................  Tariff Act of 1930            
69-186..................................  Foreign Service Buildings Act,
                                           1926                         
65-91...................................  Trading With the Enemy Act    
------------------------------------------------------------------------




=======================================================================

          Note.--Appendix II lists Public Laws included in 
        Legislation on Foreign Relations Through 1997, arranged 
        alphabetically by short title or popular name with 
        corresponding Public Law number.

=======================================================================



                               APPENDIX II                              
------------------------------------------------------------------------
             Short Title                        Public Law No.          
------------------------------------------------------------------------
Act For Reform In Emerging New                                          
 Democracies and Support and Help                                       
 for Improved Partnership with                                          
 Russia, Ukraine, and Other New                                         
 Independent States (FRIENDSHIP Act)      103-199                       
Act of May 25, 1938.................       75-543                       
Act of July 25, 1946................       79-547                       
Act of June 25, 1948................       80-772                       
1984 Act to Combat International                                        
 Terrorism..........................       98-533                       
Act to Extend Diplomatic Privileges                                     
 to the Commission of the European                                      
 Communities........................       92-499                       
Act to Honor the Victims of the                                         
 Bombing of Panam Flight............      103-158                       
Act to Prevent Pollution from Ships.       96-478                       
African Conflict Resolution Act.....      103-381                       
African Development Bank Act (title                                     
 XIII, subtitle B, part 3)..........       97-35                        
African Development Foundation Act                                      
 (title V)..........................       96-533                       
African Development Fund Act (title                                     
 II)................................       94-302                       
African Elephant Conservation Act                                       
 (title II).........................      100-478                       
African Famine Relief and Recovery                                      
 Act of 1985........................       99-8                         
Agricultural Act of 1949............       81-439                       
Agricultural Competitiveness and                                        
 Trade Act of 1988 (title IV).......      100-418                       
Agricultural Development and Trade                                      
 Act of 1990 (title XV).............      101-624                       
Agricultural Exports (title V)......       98-258                       
Agricultural Programs Adjustment Act                                    
 of 1984............................       98-258                       
Agricultural Trade Act of 1978......       95-501                       
Agricultural Trade Development and                                      
 Assistance Act of 1954.............       83-480                       
Agricultural Trade Development and                                      
 Assistance Act of 1954--Extension                                      
 and Amendment......................       85-931                       
Agricultural Trade Suspension                                           
 Adjustment Act of 1980 (title II)..       96-494                       
Agriculture and Food Act of 1981....       97-98                        
Agriculture, Rural Development, Food                                    
 and Drug Administration, and                                           
 Related Agencies Appropriations                                        
 Act, 1998..........................      105-86                        
Agriculture Trade and Export Policy                                     
 Commission Act (title XII, subtitle                                    
 C).................................       97-98                        
Aid, Trade, and Competitiveness Act                                     
 of 1992 (title III)................      102-549                       
Alaska National Interests Lands                                         
 Conservation Act...................       96-487                       
American Aid to Poland Act of 1988                                      
 (title II, subtitle B, part II)....      100-418                       
American Fisheries Promotion Act                                        
 (title II).........................       96-561                       
Andean Trade Preference Act (title                                      
 II)................................      102-182                       
Anglo-Irish Agreement Support Act of                                    
 1986...............................       99-415                       
Antarctic Marine Living Resources                                       
 Convention Act of 1984 (title III).       98-623                       
Antarctic Protection Act of 1990....      101-594                       
Antarctic Science, Tourism, and                                         
 Conservation Act of 1996...........      104-227                       
Anti-Economic Discrimination Act of                                     
 1994 (title V, part C).............      103-236                       
Anti-Terrorism Act of 1987 (title X)      100-204                       
Antiterrorism and Effective Death                                       
 Penalty Act of 1996................      104-132                       
Antihijacking Act of 1974...........       93-366                       
Approval of the Compact of Free                                         
 Association With the Government of                                     
 Palau..............................       99-658                       
Arctic Research and Policy Act of                                       
 1984 (title I).....................       98-373                       
Armed Forces Appropriation                                              
 Authorization, 1971................       91-441                       
Arms Control and Disarmament Act....       87-297                       
Arms Control and Disarmament Act                                        
 Authorization for Fiscal Years 1986                                    
 and 1987 (title VII)...............       99-93                        
Arms Control and Disarmament                                            
 Amendments Act of 1987.............      100-213                       
Arms Control and Disarmament                                            
 Amendments Act of 1989.............      101-216                       
Arms Control and Nonproliferation                                       
 Act of 1994 (title VII, part A)....      103-236                       
Arms Export Control Act.............       90-629                       
Asia Foundation Act (title IV)......       98-164                       
Asian Development Bank Act..........       89-369                       
Asian Elephant Conservation Act of                                      
 1997...............................      105-96                        
Asian/Pacific American Heritage                                         
 Month--Designation.................      102-450                       
Atlantic Salmon Convention Act of                                       
 1982 (title III)...................       97-389                       
Atlantic Tunas Convention Act of                                        
 1975...............................       94-70                        
Atlantic Tunas Convention Act of                                        
 1975, Appropriation Authorization..       96-339                       
Atlantic Tunas Convention Act of                                        
 1995 (title III)...................      104-43                        
Atlantic Tunas Convention                                               
 Authorization Act of 1995 (title                                       
 III)...............................      104-43                        
Atomic Energy Act of 1954...........       83-703                       
Au Pair Extension...................      104-72                        
Authorization for an Improved U.S./                                     
 Soviet Direct Communications Link..       99-85                        
Authorization for Use of U.S. Armed                                     
 Forces Pursuant to U.N. Security                                       
 Council Resolution 678.............      102-1                         
Aviation Security Improvement Act of                                    
 1990...............................      101-604                       
Balanced Budget and Emergency                                           
 Deficit Control Act of 1985 [Gramm-                                    
 Rudman-Hollings Act]...............       99-177                       
Ballistic Missile Defense Act of                                        
 1995 (title II, subtitle C)........      104-106                       
Bangladesh Disaster Assistance Act                                      
 of 1988............................      100-576                       
Bank Export Services Act (title II).       97-290                       
Biological Weapons Anti-Terrorism                                       
 Act of 1989........................      101-298                       
Board for International Broadcasting                                    
 Act of 1973........................       93-129                       
Board for International Broadcasting                                    
 Appropriations, 1988 (sec. 101(a),                                     
 title V)...........................      100-202                       
Board for International Broadcasting                                    
 Authorization Act, Fiscal Years                                        
 1984 and 1985 (title III)..........       98-164                       
Board for International Broadcasting                                    
 Authorization Act, Fiscal Years                                        
 1982 and 1983 (title IV)...........       97-241                       
Board for International Broadcasting                                    
 Authorization Act, Fiscal Years                                        
 1986 and 1987 (title III)..........       99-93                        
Board for International Broadcasting                                    
 Authorization Act, Fiscal Years                                        
 1988 and 1989 (title V)............      100-204                       
Bretton Woods Agreements Act........       79-171                       
Bretton Woods Agreements Act                                            
 Amendments, 1978...................       95-435                       
Bretton Woods Agreements Act                                            
 Amendments, 1980...................       96-389                       
Budget Enforcement Act of 1990                                          
 (title XIII).......................      101-508                       
Cambodian Genocide Justice Act                                          
 (title V, part D)..................      103-236                       
Canada-United States                                                    
 Interparliamentary Group...........       86-42                        
Caribbean Basin Economic Recovery                                       
 Act (title II).....................       98-67                        
Caribbean Basin Economic Recovery                                       
 Expansion Act of 1990 (title II)...      101-382                       
Case Act--Transmittal of                                                
 International Agreements...........       92-403                       
Center for Cultural and Technical                                       
 Interchange Between East and West                                      
 Act of 1960 (chapter VII)..........       86-472                       
Central American Peace Assistance...      100-276                       
Central Bering Sea Fisheries                                            
 Enforcement Act of 1992 (title III)      102-582                       
Chemical and Biological Weapons                                         
 Control and Warfare Elimination Act                                    
 of 1991 (title III)................      102-182                       
Child Health Revolution.............       98-198                       
Chinese Student Protection Act of                                       
 1992...............................      102-404                       
Civil Government for the Trust                                          
 Territory of the Pacific Islands...       83-451                       
Clean Air Act Amendments............      101-549                       
Clement J. Zablocki Memorial                                            
 Outpatient Facility, American                                          
 Children's Hospital, Krakow, Poland       98-266                       
Coast Guard Authorization Act of                                        
 1993...............................      103-206                       
Collection and Publication of                                           
 Foreign Commerce and Trade                                             
 Statistics.........................       87-826                       
Combatting Proliferation of Weapons                                     
 of Mass Destruction Act of 1996                                        
 (title VII)........................      104-293                       
Compact of Free Association Act of                                      
 1985...............................       99-239                       
Competitiveness Policy Council Act                                      
 (title V, part I, subtitle C)......      100-418                       
Continuing Appropriations, 1985.....       98-473                       
Continuing Appropriations, Fiscal                                       
 Year 1988..........................      100-202                       
Continuing Resolution, 1984.........       98-151                       
Convention on Cultural Property                                         
 Implementation Act (title III).....       97-446                       
Convention on the Settlement of                                         
 Investment Disputes Act of 1966....       89-532                       
Conventional Forces in Europe Treaty                                    
 Implementation Act of 1991.........      102-228                       
Cooperative Threat Reduction Act of                                     
 1993 (title XII)...................      103-160                       
Cooperative East-West Ventures in                                       
 Space..............................       98-562                       
Crime Control Act of 1990...........      101-647                       
Cuban Liberty and Democratic                                            
 Solidarity (LIBERTAD) Act of 1996..      104-114                       
Cuban Political Prisoners and                                           
 Immigrants (sec. 101(a), title VII)      100-202                       
Cuban Refugee Adjustment Act........       89-732                       
Cuban Resolution....................       87-733                       
Cuban Democracy Act of 1992 (title                                      
 XVII)..............................      102-484                       
Cultural Objects--Importation for                                       
 Temporary Display..................       89-259                       
Customs and Trade Act of 1990.......      101-382                       
Czechoslovakian Claims Settlement                                       
 Act of 1981........................       97-127                       
David L. Boren National Security                                        
 Education Act of 1991..............      102-183                       
Deep Seabed Hard Mineral Removal Tax                                    
 Act of 1979 (title IV).............       96-283                       
Deep Seabed Hard Mineral Resources                                      
 Act................................       96-283                       
Deepwater Port Act of 1974..........       93-627                       
Defense Against Weapons of Mass                                         
 Destruction Act of 1996 (title XIV)      104-201                       
Defense Conversion, Reinvestment,                                       
 and Transition Assistance                                              
 Amendments of 1993 (title XIII)....      103-160                       
Demilitarization of the Former                                          
 Soviet Union Act of 1992 (title                                        
 XIV)...............................      102-484                       
Department of Defense Appropriation                                     
 Act, 1976..........................       94-212                       
Department of Defense Appropriation                                     
 Authorization Act, 1975............       93-365                       
Department of Defense Appropriation                                     
 Authorization Act, 1979............       95-485                       
Department of Defense Appropriations                                    
 Act, 1989..........................      100-463                       
Department of Defense Appropriations                                    
 Act, 1991..........................      101-511                       
Department of Defense Appropriations                                    
 Act, 1993..........................      102-396                       
Department of Defense Appropriations                                    
 Act, 1994..........................      103-139                       
Department of Defense Appropriations                                    
 Act, 1998..........................      105-56                        
Department of Defense Authorization                                     
 Act, 1983..........................       97-252                       
Department of Defense Authorization                                     
 Act, 1984..........................       98-94                        
Department of Defense Authorization                                     
 Act, 1985..........................       98-525                       
Department of Defense Authorization                                     
 Act, 1986..........................       99-145                       
Department of Defense Authorization                                     
 Act, 1987 (Division A).............       99-661                       
Department of Energy Act of 1978....       95-238                       
Department of State Appropriations                                      
 Act, 1988 (sec. 101(a), title III).      100-202                       
Department of State Appropriations                                      
 Authorization Act of 1973..........       93-126                       
Department of State Authorization                                       
 Act, Fiscal Years 1984 and 1985                                        
 (titles I, X)......................       98-164                       
Department of State Authorization                                       
 Act, Fiscal Years 1980 and 1981                                        
 (title I)..........................       96-60                        
Department of State Authorization                                       
 Act, Fiscal Years 1982 and 1983....       97-241                       
Department of the Interior and                                          
 Related Agencies Appropriations                                        
 Act, 1998..........................      105-83                        
Departments of Commerce, Justice,                                       
 and State, the Judiciary, and                                          
 Related Agencies Appropriations                                        
 Act, 1986..........................       99-180                       
Departments of Commerce, Justice,                                       
 and State, the Judiciary, and                                          
 Related Agencies Appropriations                                        
 Act, 1990..........................      101-162                       
Departments of Commerce, Justice,                                       
 and State, the Judiciary, and                                          
 Related Agencies Appropriations                                        
 Act, 1998..........................      105-119                       
Departments of State and Justice,                                       
 the Judiciary, and Related Agencies                                    
 Appropriation Act, 1959............       85-474                       
Departments of State, Justice, and                                      
 Commerce, the Judiciary, and                                           
 Related Agencies Appropriations                                        
 Act, 1973..........................       92-544                       
Diplomatic Relations Act............       95-393                       
Diplomatic Security Act (titles I-                                      
 IV)................................       99-399                       
Dire Emergency Supplemental                                             
 Appropriations Act, 1988...........      100-393                       
Distribution of USIA Materials......      102-454                       
Dolphin Protection Consumer                                             
 Information Act (title IX).........      101-627                       
Driftnet Act Amendments of 1990                                         
 (sec. 206).........................       94-265                       
Driftnet Impact Monitoring,                                             
 Assessment, and Control Act of 1987                                    
 (title IV).........................      100-220                       
Eastern Pacific Tuna Licensing Act                                      
 of 1984............................       98-445                       
Education Amendments of 1978........       95-561                       
Eisenhower Exchange Fellowship Act                                      
 of 1990............................      101-454                       
Emergency Security Assistance Act of                                    
 1973...............................       93-199                       
Emergency Supplemental                                                  
 Appropriations and Rescissions for                                     
 the Department of Defense to                                           
 Preserve and Enhance Military                                          
 Readiness Act of 1995..............      104-6                         
Emergency Supplemental Assistance                                       
 for Israel Act of 1991.............      102-21                        
Emergency Supplemental Persian Gulf                                     
 Refugee Assistance Act of 1991.....      102-45                        
Endangered Species Act of 1973......       93-205                       
Energy Emergency Preparedness Act of                                    
 1982...............................       97-229                       
Energy Policy Act of 1992...........      102-486                       
Energy Policy and Conservation Act..       94-163                       
Energy Policy and Conservation Act                                      
 Amendments.........................       96-133                       
Enterprise for the Americas Act of                                      
 1992 (title VI)....................      102-549                       
Enterprise for the Americas                                             
 Initiative Act of 1992.............      102-532                       
Establishing a Commission on                                            
 Security and Cooperation in Europe.       94-304                       
EURATOM Cooperation Act of 1958.....       85-846                       
European Bank for Reconstruction and                                    
 Development Act (sec. 562(c))......      101-513                       
Exchange Rates and International                                        
 Economic Policy Coordination Act of                                    
 1988 (title III, subtitle A).......      100-418                       
Export Administration Act of 1979...       96-72                        
Export Administration Amendments Act                                    
 of 1981............................       97-145                       
Export Administration Amendments Act                                    
 of 1985............................       99-64                        
Export Enhancement Act of 1988                                          
 (title II).........................      100-418                       
Export Enhancement Act of 1992......      102-429                       
Export Enhancement Program                                              
 Amendments of 1994 (title IV,                                          
 subtitle A, part II, sec. 411(a))..      103-465                       
Export-Import Bank Act Amendments of                                    
 1978 (title XIX)...................       95-630                       
Export-Import Bank Act of 1945......       79-173                       
Export-Import Bank and Tied Aid                                         
 Credit Amendments of 1988 (title                                       
 III, subtitle D)...................      100-418                       
Export Loans--Assistance............       90-390                       
Export Trading Company Act of 1982                                      
 (title I)..........................       97-290                       
Export-Import Bank Act Amendments of                                    
 1986...............................       99-472                       
Extending Certain Privileges to                                         
 Representatives of Organization of                                     
 American States....................       82-486                       
Fair Trade in Auto Parts Act of 1988                                    
 (title II, subtitle A, part II)....      100-418                       
Fascell Fellowship Act (title X)....       99-399                       
Fascell Fellowship Amendments Act of                                    
 1990 (sec. 9)......................      101-454                       
Federal Agriculture Improvement and                                     
 Reform Act of 1996.................      104-127                       
Federal Aviation Reauthorization Act                                    
 of 1996............................      104-264                       
Federal Triangle Development Act....      100-113                       
Financial Institutions Regulatory                                       
 and Interest Rate Control Act of                                       
 1978...............................       95-630                       
Financial Reports Act of 1988 (title                                    
 III, subtitle G)...................      100-418                       
Fisheries Act of 1995...............      104-43                        
Fisheries Amendments of 1982........       97-389                       
Fisherman's Protective Act of 1967..       83-680                       
Fishery Conservation Amendments of                                      
 1990...............................      101-627                       
Fishery Conservation Zone Transition                                    
 Act................................       95-6                         
Food, Agriculture, Conservation, and                                    
 Trade Act of 1990..................      101-624                       
Food, Agriculture, Conservation, and                                    
 Trade Act Amendments of 1991.......      102-237                       
Food and Agriculture Act of 1977....       95-113                       
Food for Progress Act of 1985 (sec.                                     
 1110)..............................       99-198                       
Food Security Act of 1985...........       99-198                       
Food Security Commodity Reserve Act                                     
 of 1996 (title III)................       96-494                       
Foreign Agents Registration Act                                         
 Amendments.........................       89-486                       
Foreign Agents Registration Act of                                      
 1938...............................       75-583                       
Foreign Assistance Act of 1961......       87-195                       
Foreign Assistance Act of 1962......       87-565                       
Foreign Assistance Act of 1963......       88-205                       
Foreign Assistance Act of 1964......       88-633                       
Foreign Assistance Act of 1965......       89-171                       
Foreign Assistance Act of 1966......       89-583                       
Foreign Assistance Act of 1967......       90-137                       
Foreign Assistance Act of 1968......       90-554                       
Foreign Assistance Act of 1969, as                                      
 amended............................       91-175                       
Foreign Assistance Act of 1971......       92-226                       
Foreign Assistance Act of 1973......       93-189                       
Foreign Assistance Act of 1974......       93-559                       
Foreign Assistance and Related                                          
 Programs Appropriations Act, 1984                                      
 (sec. 101(b)(1))...................       98-151                       
Foreign Corrupt Practices Act                                           
 Amendments of 1988 (title V,                                           
 subtitle A, part I)................      100-418                       
Foreign Corrupt Practices Act of                                        
 1977 (title I).....................       95-213                       
Foreign Debt Reserving Act of 1989                                      
 (title IV).........................      101-240                       
Foreign Direct Investment and                                           
 International Financial Date                                           
 Improvements Act of 1990...........      101-533                       
Foreign Gifts and Decorations Act of                                    
 1966...............................       89-673                       
Foreign Intelligence Surveillance                                       
 Act of 1978........................       95-511                       
Foreign Investment Study Act of 1974       93-479                       
Foreign Military Sales Act                                              
 Amendments, 1971...................       91-672                       
Foreign Missions Act (title II).....       97-241                       
Foreign Missions Amendments Act                                         
 (title VI).........................       98-164                       
Foreign Operations, Export                                              
 Financing, and Related Programs                                        
 Appropriations Act, 1988 (sec.                                         
 101(e))............................      100-202                       
Foreign Operations, Export                                              
 Financing, and Related Programs                                        
 Appropriations Act, 1990...........      101-167                       
Foreign Operations, Export                                              
 Financing, and Related Programs                                        
 Appropriations Act 1991............      101-513                       
Foreign Operations, Export                                              
 Financing, and Related Programs                                        
 Appropriations Act, 1993...........      102-391                       
Foreign Operations, Export                                              
 Financing, and Related Programs                                        
 Appropriations Act, 1994...........      103-87                        
Foreign Operations, Export                                              
 Financing, and Related Programs                                        
 Appropriations Act, 1995...........      103-306                       
Foreign Operations, Export                                              
 Financing, and Related Programs                                        
 Supplemental Appropriations Act,                                       
 1996...............................      104-107                       
Foreign Operations, Export                                              
 Financing, and Related Programs                                        
 Supplemental Appropriations Act,                                       
 1997 (title I, sec. 101(c))........      104-208                       
Foreign Relations Authorization Act,                                    
 Fiscal Year 1976...................       94-141                       
Foreign Relations Authorization Act,                                    
 Fiscal Year 1977...................       94-350                       
Foreign Relations Authorization Act,                                    
 Fiscal Year 1978...................       95-105                       
Foreign Relations Authorization Act,                                    
 Fiscal Year 1979...................       95-426                       
Foreign Relations Authorization Act,                                    
 Fiscal Years 1986 and 1987.........       99-93                        
Foreign Relations Authorization Act,                                    
 Fiscal Years 1988 and 1989.........      100-204                       
Foreign Relations Authorization Act,                                    
 Fiscal Years 1990 and 1991.........      101-246                       
Foreign Relations Authorization Act,                                    
 Fiscal Years 1992 and 1993.........      102-138                       
Foreign Relations Authorization Act,                                    
 Fiscal Years 1994 and 1995.........      103-236                       
Foreign Relations Authorization Act                                     
 of 1972............................       92-352                       
Foreign Relations Persian Gulf                                          
 Conflict Emergency Supplemental                                        
 Authorization Act, Fiscal Year 1991      102-20                        
Foreign Service Act of 1980.........       96-465                       
Foreign Service Buildings Act, 1926.       69-186                       
Foreign Service Retirement                                              
 Amendments of 1976 (title V).......       94-350                       
Foreign Shipping Practices Act of                                       
 1988 (title X).....................      100-418                       
Foreign Sovereign Immunities Act of                                     
 1976...............................       94-583                       
Forest Resources Conservation and                                       
 Shortage Relief Act of 1990 (title                                     
 IV)................................      101-382                       
Freedom for Russia and Emerging                                         
 Eurasian Democracies and Open                                          
 Markets Support Act of 1992                                            
 (FREEDOM Support Act)..............      102-511                       
FRIENDSHIP Act......................      103-199                       
Further Continuing Appropriations,                                      
 1985...............................       99-190                       
General Government Matters,                                             
 Department of Commerce, and Related                                    
 Agencies Appropriation Act, 1962...       87-125                       
Generalized System of Preferences                                       
 Renewal Act of 1984 (title V)......       98-573                       
German-American Day.................      103-100                       
German Democratic Republic Fishery                                      
 Agreement..........................      100-350                       
Global Change Research Act of 1990..      101-606                       
Global Climate Change Prevention Act                                    
 of 1990 (title XXIV)...............      101-624                       
Global Climate Protection Act of                                        
 1987 (title XI)....................      100-204                       
Global Environmental Protection                                         
 Assistance Act of 1989 (title VII).      101-240                       
Governing International Fishery                                         
 Agreements With Japan and Spain                                        
 (title IV).........................       97-389                       
Governing International Fishery                                         
 Agreements With Iceland and the                                        
 European Economic Community (title                                     
 I).................................       98-623                       
Helsinki Human Rights Day...........      103-294                       
High Seas Driftnet Fisheries                                            
 Enforcement Act....................      102-582                       
High Seas Driftnet Fishing                                              
 Moratorium Protection Act (title                                       
 VI)................................      104-43                        
High Seas Fishing Compliance Act of                                     
 1995 (title I).....................      104-43                        
Higher Education Amendments of 1986.       99-498                       
Horn of Africa Recovery and Food                                        
 Security Act.......................      102-274                       
Hostage Relief Act of 1980..........       96-449                       
Human Rights, Refugees, and Other                                       
 Foreign Relations Provisions Act of                                    
 1996...............................      104-319                       
Humpback Whales Wildlife Sanctuary                                      
 (West Indies)......................       99-630                       
Immigration Act of 1990.............      101-649                       
Immigration and Nationality Act.....       82-414                       
Immigration Reform and Control Act                                      
 of 1986............................       99-603                       
Implementation of Compact of Free                                       
 Association With Palau.............      101-219                       
Implementing Agreement for Vienna                                       
 Convention on Diplomatic Relations.      101-62                        
Indochinese Refugee and Resettlement                                    
 Act of 1987 (sec. 101(a), title                                        
 VIII)..............................      100-202                       
Inspector General Act of 1978.......       95-452                       
Intelligence Authorization Act for                                      
 Fiscal Year 1985...................       98-618                       
Intelligence Authorization Act for                                      
 Fiscal Year 1996...................      104-93                        
Intelligence Authorization Act for                                      
 Fiscal Year 1997...................      104-293                       
Intelligence Authorization Act for                                      
 Fiscal Year 1998...................      105-107                       
Inter-American Development Bank Act.       86-147                       
Inter-American Investment                                               
 Corporation Act (title II, S. 2416,                                    
 enacted by reference)..............       98-473                       
International Atomic Energy Agency                                      
 Participation Act of 1957..........       85-177                       
International Carriage of Perishable                                    
 Foodstuffs Act.....................       97-325                       
International Center Act............       90-553                       
International Child Abduction                                           
 Remedies Act.......................      100-300                       
International Claims Settlement Act                                     
 of 1949............................       81-455                       
International Coffee Agreement Act                                      
 of 1980............................       96-599                       
International Communication Agency                                      
 Authorization for Fiscal Year 1979                                     
 (title II).........................       95-426                       
International Communication Agency                                      
 Authorization Act, Fiscal Years                                        
 1980 and 1981 (title II)...........       96-60                        
International Cooperation in Global                                     
 Change Research Act of 1990 (title                                     
 II)................................      101-606                       
International Cooperation to Protect                                    
 Biological Diversity...............      100-530                       
International Debt Management Act of                                    
 1988 (title III, subtitle B).......      100-418                       
International Development and                                           
 Finance Act of 1989................      101-240                       
International Development and Food                                      
 Assistance Act of 1975.............       94-161                       
International Development and Food                                      
 Assistance Act of 1977.............       95-88                        
International Development and Food                                      
 Assistance Act of 1978.............       95-424                       
International Development                                               
 Association Act....................       86-565                       
International Development                                               
 Cooperation Act of 1979............       96-53                        
International Dolphin Conservation                                      
 Act of 1992........................      102-523                       
International Dolphin Conservation                                      
 Program Act........................      105-42                        
International Emergency Economic                                        
 Powers Act (title II)..............       95-223                       
International Energy Emergency                                          
 Authorities: Extension.............      100-373                       
International Environmental                                             
 Protection Act of 1983 (title VII).       98-164                       
International Finance Corporation                                       
 Act................................       84-350                       
International Financial Institutions                                    
 Act................................       95-118                       
International Forestry Cooperation                                      
 Act of 1990 (title VI).............      101-513                       
International Investment and Trade                                      
 in Services Survey Act.............       94-472                       
International Lending Supervision                                       
 Act of 1983 (title IX).............       98-181                       
International Maritime and Port                                         
 Security Act (title IX)............       99-399                       
International Narcotics Control Act                                     
 of 1985 (title VI).................       99-83                        
International Narcotics Control Act                                     
 of 1986 (title II).................       99-570                       
International Narcotics Control Act                                     
 of 1988 (title IV).................      100-690                       
International Narcotics Control Act                                     
 of 1989............................      101-231                       
International Narcotics Control Act                                     
 of 1990............................      101-623                       
International Narcotics Control                                         
 Corrections Act of 1994............      103-447                       
International Natural Rubber                                            
 Agreement Appropriation                                                
 Authorization for Fiscal Year 1981.       96-271                       
International Organizations                                             
 Immunities Act.....................       79-291                       
International Peacekeeping Act of                                       
 1992...............................      102-311                       
International Security and                                              
 Development Assistance                                                 
 Authorization Act of 1983 (sec.                                        
 101(b)(2)).........................       98-151                       
International Security and                                              
 Development Cooperation Act of 1980       96-533                       
International Security and                                              
 Development Cooperation Act of 1981       97-113                       
International Security and                                              
 Development Cooperation Act of 1985       99-83                        
International Security Assistance                                       
 Act of 1977........................       95-92                        
International Security Assistance                                       
 Act of 1978........................       95-384                       
International Security Assistance                                       
 Act of 1979........................       96-92                        
International Security Assistance                                       
 and Arms Export Control Act of 1976       94-329                       
International Sugar Agreement, 1977,                                    
 Implementation.....................       96-236                       
International Trade and Investment                                      
 Act (title III)....................       98-573                       
Intervention on the High Seas Act...       93-248                       
Iran and Libya Sanctions Act of 1996      104-172                       
Iran Claims Settlement (title V)....       99-93                        
Iran-Iraq Arms Non-Proliferation Act                                    
 of 1992 (title XVI)................      102-484                       
Iraq Sanctions Act of 1990 (secs.                                       
 586-586J)..........................      101-513                       
Irish-American Heritage Month, 1995-                                    
 1996...............................      103-379                       
Japan-United States Friendship Act..       94-118                       
Jerusalem Embassy Act of 1995.......      104-45                        
Jobs Through Exports Act of 1992....      102-549                       
Jobs Through Trade Expansion Act of                                     
 1994...............................      103-392                       
Johnson Act--Financial Transactions                                     
 With Foreign Governments...........       80-772                       
Joint Resolution to Implement the                                       
 United States Proposal for the                                         
 Early-Warning System in Sinai......       94-110                       
Jordan Supplemental Economic                                            
 Assistance Authorization Act of                                        
 1985 (title IV)....................       99-88                        
Latin American Development Act......       86-735                       
Lebanon Emergency Assistance Act of                                     
 1983...............................       98-43                        
Legislative Branch Appropriation                                        
 Act, 1961..........................       86-628                       
Logan Act--Private Correspondence                                       
 With Foreign Governments...........       80-772                       
Magnuson Fishery Conservation and                                       
 Management Act of 1976.............       94-265                       
Marine Mammal Protection Act of 1972       92-522                       
Mexican Debt Disclosure Act of 1995                                     
 (title IV).........................      104-6                         
Mexico-United States                                                    
 Interparliamentary Group...........       86-420                       
Micronesian Claims Act of 1971......       92-39                        
Middle East Peace Facilitation Act                                      
 of 1993............................      103-125                       
Middle East Peace Facilitation Act                                      
 of 1994 (title V, part E)..........      103-236                       
Migration and Refugee Assistance Act                                    
 of 1962............................       87-510                       
Mike Mansfield Fellowship Act (title                                    
 II, part C)........................      103-236                       
Miscellaneous Amendments and                                            
 Authorization--FYs 1996 and 1997...      104-164                       
Miscellaneous International Affairs                                     
 Authorization Act of 1988 (S. 2757,                                    
 enacted by reference)..............      100-461                       
Missile Defense Act of 1991 (title                                      
 II, part C)........................      102-190                       
Most-Favored-Nation Treatment for                                       
 Cambodia...........................      104-203                       
Most-Favored-Nation Treatment for                                       
 People's Republic of Bulgaria......      102-158                       
Most-Favored-Nation Treatment for                                       
 People's Republic of Bulgaria......      104-162                       
Most-Favored-Nation Treatment for                                       
 Czechoslovakia.....................      101-541                       
Most-Favored Nation Treatment for                                       
 Mongolian People's Republic........      102-157                       
Most-Favored-Nation Treatment for                                       
 Romania............................      104-171                       
Most-Favored Nation Treatment for                                       
 the Union of Soviet Socialist                                          
 Republics..........................      102-197                       
Multilateral Development Bank Act of                                    
 1985 (sec. 101(i), H.R. 2253,                                          
 enacted by reference)..............       99-190                       
Multilateral Development Banks                                          
 Procurement Act (title III,                                            
 subtitle C)........................      100-418                       
Multilateral Development Banks:                                         
 Sense of Congress (title X)........       98-181                       
Multilateral Export Control                                             
 Enhancement Amendments Act (title                                      
 II, subtitle D, part II)...........      100-418                       
Multilateral Investment Guarantee                                       
 Agency Act (sec. 101(e), H.R. 3570,                                    
 enacted by reference, title IV)....      100-202                       
Multinational Force and Observers                                       
 Participation Resolution...........       97-132                       
Multinational Force in Lebanon                                          
 Resolution.........................       98-119                       
Mutual Educational and Cultural                                         
 Exchange Act of 1961...............       87-256                       
Mutual Security Act of 1954.........       83-665                       
Mutual Security Act of 1959.........       86-108                       
Mutual Security Act of 1960.........       86-472                       
National Academy of Peace and                                           
 Conflict Resolution (title XV, part                                    
 B).................................       95-561                       
National Aeronautics and Space Act                                      
 of 1958............................       85-568                       
National Aeronautics and Space                                          
 Administration Authorization Act,                                      
 1976...............................       94-39                        
National Aeronautics and Space                                          
 Administration Authorization Act of                                    
 1988...............................      100-147                       
National Aeronautics and Space                                          
 Administration Authorization Act,                                      
 Fiscal Year 1989...................      100-685                       
National Aeronautics and Space                                          
 Administration Authorization Act,                                      
 Fiscal Year 1991...................      101-611                       
National Aeronautics and Space                                          
 Administration Authorization Act,                                      
 Fiscal Year 1992...................      102-195                       
National Aeronautics and Space                                          
 Administration Authorization Act,                                      
 Fiscal Year 1993...................      102-588                       
National and Community Service Act                                      
 of 1990............................      101-610                       
National Critical Materials Act of                                      
 1984 (title II)....................       98-373                       
National Defense Authorization Act,                                     
 Fiscal Year 1987...................       99-661                       
National Defense Authorization Act,                                     
 Fiscal Year 1989...................      100-456                       
National Defense Authorization Act                                      
 for Fiscal Years 1988 and 1989.....      100-180                       
National Defense Authorization Act                                      
 for Fiscal Years 1990 and 1991.....      101-189                       
National Defense Authorization Act                                      
 for Fiscal Year 1991...............      101-510                       
National Defense Authorization Act                                      
 for Fiscal Years 1992 and 1993.....      102-190                       
National Defense Authorization Act                                      
 for Fiscal Year 1993...............      102-484                       
National Defense Authorization Act                                      
 for Fiscal Year 1994...............      103-160                       
National Defense Authorization Act                                      
 for Fiscal Year 1995...............      103-337                       
National Defense Authorization Act                                      
 for Fiscal Year 1996...............      104-106                       
National Defense Authorization Act                                      
 for Fiscal Year 1997...............      104-201                       
National Defense Authorization Act                                      
 for Fiscal Year 1998...............      105-85                        
National Emergencies Act............       94-412                       
National Endowment for Democracy Act                                    
 (title V)..........................       98-164                       
National Former Prisoners of War                                        
 Recognition Day....................      103-60                        
National Science Foundation Act of                                      
 1950...............................       81-507                       
National Security Council...........       80-253                       
National Shipbuilding and Shipyard                                      
 Conversion Act of 1993 (title XIII,                                    
 subtitle D)........................      103-160                       
National Space Council Authorization                                    
 Act of 1990........................      101-328                       
NATO Participation Act of 1994                                          
 (title II).........................      103-447                       
Neutrality Act of 1939..............       76-54                        
Nicaraguan Adjustment and Central                                       
 American Relief Act (title II).....      105-100                       
Nondiscriminatory Treatment Toward                                      
 Products of Albania................      102-363                       
Nondiscriminatory Treatment Toward                                      
 Products of Romania................      103-133                       
Nonindigenous Aquatic Nuisance                                          
 Prevention and Control Act of 1990.      101-646                       
North American Free Trade Agreement                                     
 Implementation Act.................      103-182                       
North Atlantic Treaty Organization                                      
 Mutual Support Act of 1979.........       96-323                       
North Pacific Anadromous Stocks Act                                     
 of 1992 (title VIII)...............      102-567                       
North Pacific Anadromous Stocks                                         
 Convention Act of 1992 (title VIII)      102-587                       
North/South Center Act of 1991 (sec.                                    
 208)...............................      102-138                       
Northwest Atlantic Fisheries                                            
 Convention Act of 1995 (title II)..      104-43                        
Nuclear Non-Proliferation Act of                                        
 1978...............................       95-242                       
Nuclear Non-Proliferation Act of                                        
 1978--Agreements for Cooperation...       96-280                       
Nuclear Proliferation Prevention Act                                    
 of 1994 (title VIII)...............      103-236                       
Nuclear Waste Policy Act of 1982....       97-425                       
Oceans Act of 1992..................      102-587                       
Oil Pollution Act of 1990...........      101-380                       
Omnibus Budget Reconciliation Act of                                    
 1990...............................      101-508                       
Omnibus Consolidated Appropriations                                     
 for Fiscal Year 1997...............      104-208                       
Omnibus Diplomatic Security and                                         
 Antiterrorism Act of 1986..........       99-399                       
Omnibus Insular Areas Act of 1992...      102-247                       
Omnibus Trade and Competitiveness                                       
 Act of 1988........................      100-418                       
Operation Desert Shield/Desert Storm                                    
 Supplemental Appropriations Act,                                       
 1991...............................      102-28                        
Overseas Private Investment                                             
 Corporation Amendments Act of 1988                                     
 (H.R. 5263, enacted by reference)..      100-461                       
Pacific Salmon Treaty Act of 1985...       99-5                         
Panama Canal Act of 1979............       96-70                        
Panama Canal Act Amendments of 1996.      104-201                       
Panama Canal Commission                                                 
 Authorization Act for Fiscal Year                                      
 1990 (title XXXV)..................      101-189                       
Panama Canal Commission                                                 
 Authorization Act for Fiscal Year                                      
 1991 (title XXXV)..................      101-510                       
Panama Canal Commission                                                 
 Authorization Act for Fiscal Year                                      
 1992 (title XXXV)..................      102-190                       
Panama Canal Commission                                                 
 Authorization Act for Fiscal Year                                      
 1993 (title XXXV)..................      102-484                       
Panama Canal Commission                                                 
 Authorization Act for Fiscal Year                                      
 1994 (title XXXV)..................      103-160                       
Panama Canal Commission                                                 
 Authorization Act for Fiscal Year                                      
 1995 (title XXXVI).................      103-337                       
Panama Canal Commission                                                 
 Authorization Act for Fiscal Year                                      
 1996 (title XXXV)..................      104-106                       
Panama Canal Commission                                                 
 Authorization Act for Fiscal Year                                      
 1997 (title XXXV)..................      104-201                       
Par Value Modification Act..........       92-268                       
Par Value Modification Act--Foreign                                     
 Currency Reports (title II)........       93-110                       
Peace Corps Act.....................       87-293                       
Peace Corps Act Amendments..........       89-134                       
Peace Corps Authorization for Fiscal                                    
 Years 1986 and 1987 (title XI).....       99-83                        
Peace Corps Authorization for Fiscal                                    
 Year 1993..........................      102-565                       
Peace Process in Liberia............      102-270                       
Persian Gulf Conflict Supplemental                                      
 Authorization and Personnel                                            
 Benefits Act of 1991...............      102-25                        
Pesticide Monitoring Improvements                                       
 Act of 1988 (title IV, subtitle G).      100-418                       
PLO Commitments Compliance Act of                                       
 1989 (title VIII)..................      101-246                       
President's Emergency Food                                              
 Assistance Act of 1984 (title III).       98-473                       
Primary Dealers Act of 1988 (title                                      
 III, subtitle F)...................      100-418                       
Protection and Reduction of                                             
 Government Secrecy Act (title IX)..      103-236                       
Protection of Antarctica............      101-620                       
Protection of Foreign Missions......       97-418                       
Providing for Increased                                                 
 Participation by the United States                                     
 in the Inter-American and Asian                                        
 Development Banks and African                                          
 Development Fund...................       96-259                       
Quincentenary of Voyage of                                              
 Christopher Columbus...............      102-472                       
R.M.S. Titanic Maritime Memorial Act                                    
 of 1986............................       99-513                       
Radio Broadcasting to Cuba Act......       98-111                       
Reaffirming North Atlantic Alliance--                                   
 United States Commitment...........       96-9                         
Reaffirming the Unity of the North                                      
 Atlantic Alliance Commitment.......       95-287                       
Records Relating to Nazi Warm Crimes      104-309                       
Refugee Act of 1980.................       96-212                       
Refugee Education Assistance Act of                                     
 1980...............................       96-422                       
Release of USIA Materials to Museums       99-475                       
Release of USIA Materials: ``Fragile                                    
 Ring of Life''.....................      104-161                       
Release of USIA Materials: VOA,                                         
 Radio Marti Recordings.............      104-269                       
Resolution To Promote Peace and                                         
 Stability in the Middle East.......       85-7                         
Rhinoceros and Tiger Conservation                                       
 Act of 1994........................      103-391                       
Rio Grande American Canal Extension                                     
 Act of 1990........................      101-438                       
Rio Grande Pollution Correction Act                                     
 of 1987............................      100-465                       
Ryukyu Islands Claims Settlement Act       89-296                       
Sales of Arms to Jordan.............       99-162                       
Small Business International Trade                                      
 and Competitiveness Act (title VII)      100-418                       
South African Democratic Transition                                     
 Support Act of 1993................      103-149                       
South Pacific Tuna Act of 1988......      100-330                       
Soviet Scientists Immigration Act of                                    
 1992...............................      102-509                       
Research and Training for Eastern                                       
 Europe and the Independent States                                      
 of the Former Soviet Union Act of                                      
 1983 (title VIII)..................       98-164                       
Sea of Okhotsk Fisheries Enforcement                                    
 Act of 1995 (title V)..............      104-43                        
Soviet Nuclear Threat Reduction Act                                     
 of 1991 (title II).................      102-228                       
Special Drawing Rights Act..........       90-349                       
Special Foreign Assistance Act of                                       
 1971...............................       91-652                       
Special Foreign Assistance Act of                                       
 1986...............................       99-529                       
Special International Security                                          
 Assistance Act of 1979.............       96-35                        
Spoils of War Act of 1994 (title V,                                     
 part B)............................      103-236                       
State Department Basic Authorities                                      
 Act of 1956........................       84-885                       
State Department/USIA Authorization                                     
 Act, Fiscal Year 1975..............       93-475                       
Steel Import Stabilization Act                                          
 (title VIII).......................       98-573                       
Strategic and Critical Materials                                        
 Transaction Authorization Act of                                       
 1979...............................       96-175                       
Supplemental Appropriations Act of                                      
 1993...............................      103-50                        
Supplemental Appropriations Act,                                        
 1984...............................       98-181                       
Supplemental Appropriations Act,                                        
 1985...............................       99-88                        
Supplemental Appropriations for the                                     
 New Independent States of the                                          
 Former Soviet Union Act, 1993                                          
 (title VI).........................      103-87                        
Support for East European Democracy                                     
 (SEED) Act of 1989.................      101-179                       
Survival Assistance for Victims of                                      
 Civil Strife in Central America....      101-215                       
Sustainable Fisheries Act...........      104-297                       
Taiwan Relations Act................       96-8                         
Tariff Act of 1930..................       71-361                       
Telecommunications Trade Act of 1988                                    
 (title I, subtitle C, part 4)......      100-418                       
Termination of Trade Restrictions to                                    
 Czechoslovakia and Hungary.........      102-182                       
To Provide for an Investigation of                                      
 the Whereabouts of U.S. Citizens                                       
 Missing From Cyprus Since 1974.....      103-372                       
Tonkin Gulf Resolution..............       88-408                       
Torture Victim Protection Act of                                        
 1991...............................      102-256                       
Tourism Policy and Export Promotion                                     
 Act of 1992........................      102-372                       
Trade Act of 1974...................       93-618                       
Trade Agreements Act of 1979........       96-39                        
Trade and Development Enhancement                                       
 Act of 1983 (title VI, part C).....       98-181                       
Trade and Tariff Act of 1984........       98-573                       
Trade Expansion Act of 1962.........       87-794                       
Trading With the Enemy Act..........       65-91                        
Trans-Alaska Pipeline Authorization                                     
 Act................................       93-153                       
Transfer of Naval Vessels to Certain                                    
 Foreign Countries..................      103-54                        
Transfer of Naval Vessels to Certain                                    
 Foreign Countries..................      103-174                       
Transfer of Naval Vessels to Foreign                                    
 Governments........................       97-342                       
Transfer of Naval Vessels to Certain                                    
 Foreign Countries..................      103-295                       
Transfer of Naval Vessels to Certain                                    
 Foreign Countries..................      103-378                       
Trust Territory of the Pacific                                          
 Islands Act........................       92-257                       
Tuna Conventions Act of 1950........       81-764                       
U.S.-U.S.S.R. Fishing Agreement.....      100-629                       
United Nations Environment Program                                      
 Participation Act of 1973..........       93-188                       
United Nations Headquarters                                             
 Agreement Act......................       80-357                       
United Nations Participation Act of                                     
 1945...............................       79-264                       
United States-Canada Free Trade                                         
 Agreement Implementation Act of                                        
 1988...............................      100-449                       
United States Government Opposition                                     
 to the Practice of Torture.........       98-447                       
United States Group of the North                                        
 Atlantic Treaty Parliamentary                                          
 Conferences--Participation                                             
 Resolution.........................       84-689                       
United States-Hong Kong Policy Act                                      
 of 1992............................      102-383                       
United States-India Fund for                                            
 Cultural, Educational, and                                             
 Scientific Cooperation Act (title                                      
 IX)................................       98-164                       
United States Information Agency                                        
 Authorization for Fiscal Year 1977                                     
 (title II).........................       94-350                       
United States Information Agency                                        
 Authorization for Fiscal Year 1978                                     
 (title II).........................       95-105                       
United States Information Agency                                        
 Authorization Act, Fiscal Years                                        
 1986 and 1987 (title II)...........       99-93                        
United States Information Agency                                        
 Authorization Act, Fiscal Years                                        
 1982 and 1983 (title III)..........       97-241                       
United States Information Agency                                        
 Authorization Act, Fiscal Years                                        
 1988 and 1989 (title II)...........      100-204                       
United States Information Agency                                        
 Authorization Act, Fiscal Years                                        
 1984 and 1985 (title II)...........       98-164                       
United States Information and                                           
 Educational Exchange Act of 1948...       80-402                       
United States Institute for Peace                                       
 Act (title XVII)...................       98-525                       
United States International                                             
 Broadcasting Act of 1994 (title                                        
 III)...............................      103-236                       
United States-Israel Free Trade Area                                    
 Implementation Act of 1985.........       99-47                        
United States-Japan Fishery                                             
 Agreement Approval Act of 1987.....      100-220                       
United States-Korea Fishery                                             
 Agreement..........................      100-66                        
United States Policy Toward Haiti...      103-423                       
United States Recognition and                                           
 Participation in International                                         
 Expositions........................       91-269                       
United States Scholarship Program                                       
 for Developing Countries                                               
 Authorization, Fiscal Years 1986 &                                     
 1987 (title VI)....................       99-93                        
Urgent Assistance for Democracy in                                      
 Panama Act of 1990.................      101-243                       
Uruguay Rounds Agreements Act.......      103-465                       
USIA Appropriations Authorization                                       
 Act of 1973........................       93-168                       
Victims of Terrorism Compensation                                       
 Act (title VIII)...................       99-399                       
Visa for Officials of Taiwan........      103-416                       
War Powers Resolution...............       93-148                       
Weapons of Mass Destruction Control                                     
 Act of 1992 (title XV).............      102-484                       
Whaling Convention Act of 1949......       81-676                       
Wild Bird Conservation Act of 1992..      102-440                       
Wine Equity and Export Expansion Act                                    
 of 1984 (title IX).................       98-573                       
Withdrawal of MFN From Serbia and                                       
 Montenegro.........................      102-420                       
World Food Day......................      103-108                       
Yukon River Salmon Act of 1995                                          
 (title VII)........................      104-43                        
------------------------------------------------------------------------




                            USE OF THE INDEX

                              ----------                              

    The index is organized by subject matter only. Each subject 
entry also includes the legal citation indicating the document 
to which it refers. These legal citations were not chosen on 
the basis of standard legal citation form, but rather for the 
amount of information they provided and for convenience in 
producing a computer-printed index. A list of abbreviations 
used in the legal citation section of the index appears below:

                  Art--Article
                  EO--Executive Order
                  fn--Footnote
                  FR--Federal Register
                  H Con Res--House Concurrent Resolution
                  HR--House Bill
                  H Res--House Resolution
                  PL--Public Law
                  S--Senate Bill
                  S Con Res--Senate Concurrent Resolution
                  S Res--Senate Resolution
                  Sec--Section
                  Stat--United States Statutes at Large
                  USC--United States Code

    Page references, wherever possible, indicate the exact page 
on which mention of the entry is made. Entries of a more 
general nature that refer to a large section or to an entire 
document are listed with the page on which the reference 
begins.




                  GLOSSARY OF TERMS USED IN THE INDEX

                              ----------                              


ABM                                     Anti-Ballistic Missile          
ACDA                                    Arms Control and Disarmament    
                                         Agency                         
ADB                                     Asian Development Bank          
AFDB                                    African Development Bank        
AFDF                                    African Development Fund        
AID                                     Agency for International        
                                         Development                    
EEC                                     European Economic Community     
EBRD                                    European Bank of Reconstruction 
                                         and Development                
FAO                                     Food and Agriculture            
                                         Organization                   
FCC                                     Federal Communications          
                                         Commission                     
GAO                                     General Accounting Office       
IADB                                    Inter-American Development Bank 
IAEA                                    International Atomic Energy     
                                         Agency                         
ICA                                     International Communication     
                                         Agency                         
IDA                                     International Development       
                                         Association                    
IDCA                                    International Development       
                                         Cooperation Agency             
IFAD                                    Internationl Fund for           
                                         Agricultural Development       
IFC                                     International Finance           
                                         Corporation                    
IFIs                                    International Financial         
                                         Institutions                   
IMF                                     International Monetary Fund     
MDBs                                    Multilateral Development Banks  
MIA                                     Missing-in-Action               
NADB                                    North American Development Bank 
NATO                                    North Atlantic Treaty           
                                         Organization                   
OAS                                     Organization of American States 
OPIC                                    Overseas Private Investment     
                                         Corporation                    
POW                                     Prisoners-of-War                
SALT                                    Strategic Arms Limitation Talk  
SDAF                                    Special Defense Acquisition Fund
SEATO                                   Southeast Asia Treaty           
                                         Organization                   
U.N.                                    United Nations                  
UNCTAD                                  United Nations Conference on    
                                         Trade and Development          
UNDP                                    United Nations Development      
                                         Program                        
UNESCO                                  United Nations Educational,     
                                         Scientific, and Cultural       
                                         Organization                   
USIA                                    United States Information Agency
                                                                        




                               I N D E X

                                 ______

                                   A

Abkhazia
 Reconstruction and remedial activities
  Appropriations, 1998.................. PL 105-118 Title II.....   604
Abortions
 Foreign aid funds prohibition.......... PL 87-195 Sec 104(f)....    31
                                         PL 105-118 Title II.....   596
                                         PL 105-118 Sec 518......   621
 Lobbying for
  Foreign aid funds prohibition......... PL 105-118 Sec 518......   621
 Peace Corps
  Foreign aid funds prohibition......... PL 105-118 Title II.....   605
Act of state doctrine
 Courts to decline
  Recognition of........................ PL 87-195 Sec 620(e)(2).   238
ACTION
 (see also Foreign Service)
 (see also Peace Corps)
ADB
 Authorization of appropriations for.... PL 93-189 Sec 28........   567
 Program review, evaluation, and audit.. PL 87-195 Sec 301(e)(2).   115
AFDB
 U.S. foreign aid....................... PL 87-195 Sec 206.......    60
Afghanistan-U.S. relations
 Economic Support Fund.................. PL 99-83 Sec 904........   480
 Foreign aid prohibited................. PL 87-195 Sec 620D......   249
Africa-U.S. relations
 Foreign aid............................ PL 87-195 Sec 206.......    60
  Famine relief assistance.............. PL 87-195 Sec 495K......   157
  Locust plagues........................ PL 95-424 Sec 120.......   537
  Refugees.............................. PL 87-195 Sec 495F......   154
 Trade
  United States Commercial Centers...... PL 102-549 Sec 401......   416
Africa, sub-Saharan
 Human rights
  Adherence to.......................... PL 87-195 Sec 116(e)....    45
Africa, sub-Saharan-U.S. relations
 Arms sales
  Limited............................... PL 90-629 Sec 33........   347
 Debt-for-nature exchanges.............. PL 87-195 Ch 7..........   129
 Developmental aid
  Agriculture and natural resources..... PL 87-195 Sec 496(i)....   160
  Critical sectors...................... PL 87-195 Sec 496(j)....   161
  Findings of Congress.................. PL 87-195 Sec 496.......   158
  PVOs.................................. PL 87-195 Sec 496(e)....   159
  SADCC projects........................ PL 87-195 Sec 496(o)....   162
African Development Foundation.......... PL 95-424 Sec 122.......   537
 Appropriations, 1998................... PL 105-118 Title II.....   596
 Authorization of appropriations........ PL 96-533 Sec 510.......   518
 Authorization of appropriations, 1984.. PL 98-151 Sec 101(b)(2).   488
 Established............................ PL 96-533 Sec 503.......   514
 Functions.............................. PL 96-533 Sec 505.......   515
 Management of.......................... PL 96-533 Sec 507.......   517
 Purposes............................... PL 96-533 Sec 504.......   514
African Development Foundation Act...... PL 96-533 Sec 501.......   514
African Development Fund
 Appropriations, 1998................... PL 105-118 Title IV.....   612
Agency for International Development
 (see AID)
Aging
 U.N.
  World Assembly on..................... PL 95-424 Sec 117(e)....   536
Agricultural commodities
 (see also Agricultural commodity sales)
 Of U.S. origin
  Purchasing............................ PL 99-83 Sec 205........   439
 Tied aid credits program............... PL 99-83 Sec 206........   439
Agricultural commodity sales
 (see also Food aid)
 (see also Food for Peace)
 Authorization of appropriations........ PL 92-226 Sec 2.........   572
 Foreign currencies
  Release prohibited.................... PL 87-195 Sec 612.......   229
Agriculture
 Food production
  Research.............................. PL 87-195 Sec 296.......   108
 International Fertilizer Development 
   Center
  U.S. participation.................... PL 87-195 Sec 301(f)....   115
 Research............................... PL 87-195 Sec 103A......    28
  International cooperation............. PL 87-195 Sec 297.......   110
Agriculture, Secretary of
 (see also Agricultural commodity sales)
AID
 Budget submission
  Report to Congress.................... PL 102-391 Sec 599E.....   683
 Capital projects
  Credit guarantees..................... PL 102-549 Sec 307......   416
  Report to Congress.................... PL 102-549 Sec 302(c)...   414
 Capital projects office
  Established........................... PL 102-549 Sec 302......   414
 Child survival and disease programs 
   fund
  Appropriations, 1998.................. PL 105-118 Title II.....   595
 Developing countries
  Biological diversity.................. PL 87-195 Sec 119(g)....    51
  Tropical forests...................... PL 87-195 Sec 118(e)....    50
 Development assistance
  Appropriations, 1998.................. PL 105-118 Title II.....   596
 Inspector General
  Reviewing OPIC........................ PL 87-195 Sec 239(e)....   101
 International disaster assistance
  Appropriations, 1998.................. PL 105-118 Title II.....   598
 International Private Investment 
   Advisory Council on Foreign Aid...... PL 87-195 Sec 601(c)....   217
 Office of Inspector General
  Appropriations, 1998.................. PL 105-118 Title II.....   600
 Operating expenses
  Appropriations, 1998.................. PL 105-118 Title II.....   599
 OPIC management........................ PL 87-195 Sec 233(b)....    83
 Personnel
  Unified system........................ PL 95-424 Sec 401.......   538
 Property Management Fund
  Use of................................ PL 101-513 Sec 585......   691
Aid, Trade, and Competitiveness Act of 
  1992.................................. PL 102-549 Sec 301......   414
AIDS
 Developing countries
  Research, treatment, and control of... PL 105-118 Sec 522......   622
Aircraft
 AWACS
  Foreign military sales................ PL 99-83 Sec 131........   434
Airports (foreign)
 Airport security....................... PL 99-83 Sec 551........   444
  Explosive detection techniques........ PL 99-83 Sec 557........   445
Albert Schweitzer Hospital
 U.S. grants to......................... PL 93-189 Sec 33........   568
Alien employees
 Foreign aid program.................... PL 87-195 Sec 635(f)....   271
Aliens
 Establishing categories for refugee 
   determinations....................... PL 101-167 Sec 599D.....   704
 Status
  Adjustment by Attorney General........ PL 101-167 Sec 599E.....   706
Ambassadors
 (see also Foreign ministers)
Amerasians
 Vietnamese
  Admission to U.S...................... PL 100-202 Sec 584......   711
American National Red Cross
 Assisting in development and relief
  Foreign aid funds..................... PL 87-195 Sec 123(b)....    55
Anti-terrorism assistance program
 Authorization of appropriations........ PL 87-195 Sec 574.......   214
Apartheid
 U.S. policy toward..................... PL 99-83 Sec 803........   474
Appropriations
 Obligations (U.S.)
  Availability and closing.............. 31 USC 1552-1555........   718
 Remaining balances
  Availability.......................... 31 USC 1502.............   717
Appropriations requests
 Submission to President................ 31 USC 1108.............   715
Arab League
 Boycott of Israel
  Sense of Congress..................... PL 105-118 Sec 540......   630
Arab-Israeli conflict
 (see Middle East)
Arbitration
 Nationalizations
  Foreign aid cut-off................... PL 87-195 Sec 620(e)(1).   237
Armed forces
 (see Military)
Armenia-U.S. relations
 Foreign aid, 1998...................... PL 105-118 Title II.....   604
Arms control
 Conventional arms transfers
  Negotiations to limit................. PL 99-83 Sec 129........   432
  Report to Congress.................... PL 99-83 Sec 129........   432
 Conventional weapons
  Developing nations.................... PL 93-559 Sec 51........   564
 Foreign military budgets
  Foreign aid considerations............ PL 87-195 Sec 620(s)....   242
 Less-developed countries
  Limiting conventional arms............ PL 99-83 Sec 129........   432
 Lethal products
  Review of............................. PL 95-92 Sec 27.........   550
 South Asia
  Findings of Congress.................. PL 87-195 Sec 620F......   252
  Sense of Congress..................... PL 87-195 Sec 620F......   252
 U.S. foreign policy goals.............. PL 90-629 Sec 1.........   305
Arms Export Control Act................. PL 90-629...............   305
 Foreign aid............................ PL 87-195 Sec 636(g)....   276
 Sales of defense articles
  Competitive pricing................... PL 105-118 Sec 535......   628
Arms sales (U.S.)
 Administration of
  Expenses.............................. PL 90-629 Sec 43........   379
 Authorization of appropriations........ PL 90-629 Sec 31........   344
 Cash sales............................. PL 90-629 Sec 22........   327
 Civilian contract personnel
  Use of................................ PL 90-629 Sec 42(f).....   379
 Commercial exports
  Agent fees............................ PL 90-629 Sec 39........   367
  Illegal payments...................... PL 94-329 Sec 607.......   557
  Items manufactured by U.S. Government. PL 90-629 Sec 30........   342
  Presidential certification............ PL 90-629 Sec 36(c).....   356
  Suspension............................ PL 90-629 Sec 42(e).....   379
 Coproduction outside U.S............... PL 90-629 Sec 42(b).....   378
 Countries not supporting U.S. 
   antiterrorism efforts
  Prohibited activities................. PL 90-629 Sec 40A.......   376
 Countries supporting international 
   terrorism
  Prohibited activities................. PL 90-629 Sec 40........   369
 Credit sales........................... PL 90-629 Sec 23........   329
  Audits on private firms............... PL 90-629 Sec 23(f).....   333
  Available for countries other than 
   Israel and Egypt..................... PL 90-629 Sec 23(h).....   333
  Interest rates........................ PL 90-629 Sec 23(c).....   332
  Report to Congress.................... PL 90-629 Sec 23(g).....   333
 Credits
  Repayment............................. PL 96-92 Sec 17(b)......   522
 Egypt.................................. PL 99-83 Sec 101(d).....   431
 Eligibility of foreign countries....... PL 90-629 Sec 3.........   310
 End-use monitoring..................... PL 90-629 Sec 40A.......   376
 Foreign currencies
  Special Account....................... PL 87-195 Sec 609.......   226
 Foreign governments
  Authorized uses of.................... PL 90-629 Sec 4.........   317
 Foreign intimidation and harassment.... PL 90-629 Sec 6.........   319
 Grants
  Appropriations, 1998.................. PL 105-118 Title III....   609
 Greece................................. PL 99-83 Sec 101(e).....   431
 Guarantees to U.S. entities............ PL 90-629 Sec 24........   333
 Implementation of...................... PL 91-672...............   576
 Incentive payments
  Prohibition on........................ PL 90-629 Sec 39A.......   368
 Israel................................. PL 99-83 Sec 101(c).....   430
                                         PL 91-672 Sec 5.........   576
  Policy on............................. PL 95-92 Sec 26.........   550
 Javits reports......................... PL 90-629 Sec 25........   335
 Jordan................................. PL 99-83 Sec 130........   433
 Leasing
  Authority............................. PL 90-629 Sec 61........   384
  Congressional review.................. PL 90-629 Sec 63........   387
 Less-developed countries............... PL 90-629 Sec 1.........   305
 Licensed production outside U.S........ PL 90-629 Sec 42(b).....   378
 Military construction services......... PL 90-629 Sec 29........   342
 Missiles and missile technology
  Export controls....................... PL 90-629 Sec 71........   389
  Transfer of........................... PL 90-629 Sec 71........   389
 NATO
  Cooperative projects.................. PL 90-629 Sec 27........   338
 NATO/CFE countries..................... PL 90-629 Sec 92........   400
  Definitions........................... PL 90-629 Sec 95........   401
  Reports to Congress................... PL 90-629 Sec 94........   401
 Presidential certification............. PL 90-629 Sec 36(b).....   351
  Published in Federal Register......... PL 90-629 Sec 36(e).....   359
 Presidential waiver.................... PL 90-629 Sec 40(g).....   373
 Procurement contracts
  Competitive pricing................... PL 90-629 Sec 22(d).....   329
 Procurement outside U.S................ PL 90-629 Sec 42(c).....   378
 Regulations............................ PL 90-629 Sec 38........   360
 Reimbursements......................... PL 87-195 Sec 524.......   199
 Report to Congress..................... PL 90-629 Sec 36(b).....   351
                                         PL 99-83 Sec 106........   432
 Reports to Congress.................... PL 90-629 Sec 25........   335
                                         PL 90-629 Sec 36........   348
 Sales from stocks...................... PL 90-629 Sec 21........   319
 Saudi Arabia........................... PL 99-83 Sec 131........   434
 SDAF
  Established........................... PL 90-629 Sec 51........   382
 Secretary of State's authority......... PL 90-629 Sec 2.........   309
 Security assistance surveys............ PL 90-629 Sec 26........   338
 Sophisticated weapons
  Presidential determination............ PL 90-629 Sec 4.........   317
  Restrictions on....................... PL 90-629 Sec 4.........   317
 Transfers
  Presidential certification............ PL 90-629 Sec 3(d)......   313
  Report to Congress.................... PL 90-629 Sec 3(d)(3)...   315
 Turkey................................. PL 99-83 Sec 101(f).....   432
 U.N. obligations....................... PL 90-629 Sec 4.........   317
 U.S. persons
  Prohibited activities................. PL 90-629 Sec 40(b).....   370
                                         PL 90-629 Sec 71........   389
 Unauthorized use of.................... PL 90-629 Sec 3(c)......   312
 United States Munitions List
  Exports and imports................... PL 90-629 Sec 38........   360
 Waivers
  Report to Congress.................... PL 90-629 Sec 40(g)(2)..   374
 Worldwide.............................. PL 91-672 Sec 6.........   576
Arms sales
 Foreign persons
  Economic sanctions against............ PL 90-629 Sec 81........   396
 Haiti
  Eligibility for....................... PL 105-118 Sec 569......   643
 International controls on.............. PL 90-629 Sec 1.........   305
 Training and related support
  Exchange of........................... PL 90-629 Sec 30A.......   343
  Report to Congress.................... PL 90-629 Sec 30A(d)....   344
Asia
 Amerasian children
  Report to Congress.................... PL 99-83 Sec 903(b).....   479
Asia-U.S. relations
 Trade
  United States Commercial Centers...... PL 102-549 Sec 401......   416
Asian Development Bank
 (see ADB)
 Appropriations, 1998................... PL 105-118 Title IV.....   612
Asian Development Fund
 Appropriations, 1998................... PL 105-118 Title IV.....   612
 Increase in resources
  U.S. contribution to.................. PL 105-118 Sec 560......   639
Australia-U.S. relations
 Standardization agreements............. PL 90-629 Sec 21(g).....   323
AWACS
 Saudi Arabia
  Presidential certification............ PL 99-83 Sec 131........   434
Azerbajan-Armenia relations
 Foreign aid restrictions............... PL 105-118 Title II.....   605
Azerbajan-Nagorno-Karabakh relations
 Foreign aid restrictions............... PL 105-118 Title II.....   605

                                   B

Bahrain-U.S. relations
 Stinger missiles
  Restrictions on....................... PL 101-167 Sec 581......   703
Balance of payments
 Foreign aid
  Procurement abroad.................... PL 87-195 Sec 604.......   219
Baltic States-U.S. relations
 Foreign aid, 1998...................... PL 105-118 Title II.....   601
Banks
 (see also ADB)
 (see also IADB)
 (see also MDBs)
 (see also World Bank)
Berlin
 (see also Germany-U.S. relations)
Biological diversity
 AID
  Country analysis requirements......... PL 87-195 Sec 119(d)....    51
 Protection of
  AID................................... PL 87-195 Sec 119(g)....    51
  Foreign aid........................... PL 87-195 Sec 119.......    50
  PVOs.................................. PL 87-195 Sec 119(f)....    51
Bolivia-U.S. relations
 Foreign aid
  Conditions for........................ PL 99-83 Sec 611........   446
Bosnia
 Defense Department activities expenses
  Report to Congress.................... PL 105-18 Sec 105.......   662
Bosnia-Hercegovina
 Economic revitalization
  Foreign aid restrictions.............. PL 105-118 Title II.....   602
 Foreign aid
  Appropriations, 1998.................. PL 105-118 Title II.....   602
 Loan guarantees
  Appropriations, 1998.................. PL 105-118 Title II.....   602
Brooke Amendment
 Foreign aid restrictions
  Exceptions............................ PL 105-118 Sec 512......   617
Burma-U.S. relations
 Democratization
  Report to Congress.................... PL 104-208 Sec 570(d)...   667
 Development assistance
  Appropriations, 1998.................. PL 105-118 Title II.....   598
 Foreign aid restrictions............... PL 104-208 Sec 570......   666

                                   C

Cambodia
 MDBs
  Opposing loans to..................... PL 105-118 Sec 589......   653
Cambodia-U.S. relations
 (see also Indochina War)
 Aid prohibition........................ PL 95-424 Sec 602.......   539
 Appropriations, 1998
  Prohibitions on....................... PL 105-118 Title II.....   598
 Defense commitment of U.S.............. PL 91-652 Sec 7.........   575
 Disaster assistance.................... PL 87-195 Sec 495H......   155
 Foreign aid............................ PL 99-83 Sec 905........   480
  Prohibited............................ PL 96-533 Sec 717.......   521
 Khmer Rouge
  Foreign aid prohibition............... PL 99-83 Sec 906........   480
 Opposing loans to...................... PL 105-118 Sec 589......   653
Canada-U.S. relations
 (see also International Joint 
   Commission)
 Airports............................... PL 94-329 Sec 608.......   557
 Livestock imports...................... PL 99-83 Sec 721........   462
 Timber imports......................... PL 99-83 Sec 721........   462
Capital
 Social Progress Trust Fund
  Transfers from........................ PL 93-189 Sec 36........   569
Capital projects
 AID
  Credit guarantees..................... PL 102-549 Sec 307......   416
 Developing countries
  Report to Congress.................... PL 102-549 Sec 305......   415
 Financing of........................... PL 102-549 Sec 306......   416
Capital stock
 Asian Development Fund
  U.S. subscription limitation.......... PL 105-118 Title IV.....   612
 EBRD
  U.S. subscription limitation.......... PL 105-118 Title IV.....   613
 IADB
  U.S. subscription limitation.......... PL 105-118 Title IV.....   612
 NADB
  U.S. subscription limitation.......... PL 105-118 Title IV.....   613
Caribbean (eastern)-U.S. relations
 Foreign aid
  Report to Congress.................... PL 96-533 Sec 313.......   512
Caribbean area
 Hurricane relief assistance............ PL 87-195 Sec 495G......   155
 International Advisory Commission for 
   the Caribbean Region................. PL 99-83 Sec 714........   459
Caribbean Development Bank.............. PL 96-533 Sec 315.......   512
 Puerto Rican membership................ PL 93-559 Sec 52........   564
Central America
 Countries
  Defined............................... PL 87-195 Sec 466.......   126
 Peace process
  Requests for additional aid........... PL 99-83 Sec 722(k).....   469
 Refugee assistance..................... PL 87-195 Sec 495I......   156
 Trade Credit Insurance Program......... PL 87-195 Sec 224.......    71
Central America Democracy, Peace, and 
  Development Initiative
 Authorization of appropriations........ PL 87-195 Sec 465.......   126
 Peace in Central America............... PL 87-195 Sec 463.......   124
 Policy statement....................... PL 87-195 Sec 461.......   123
Central America-U.S. relations
 Foreign aid
  Central American Development 
   Organization......................... PL 87-195 Sec 464.......   124
  Conditions for........................ PL 87-195 Sec 462.......   124
  Coordination of....................... PL 87-195 Sec 464.......   124
Central American Development 
  Organization
 Establishment of....................... PL 87-195 Sec 464.......   124
Central Asia
 U.S. policy towards.................... PL 105-118 Sec 578......   645
Chemical or biological weapons
 Export controls........................ PL 90-629 Sec 81........   396
Chemical warfare
 Condemnation of........................ PL 97-113 Sec 716.......   498
Chemical weapons
 Destruction of
  Appropriations rescissions............ PL 105-18 Title I.......   663
Chiefs of diplomatic missions
 Authority.............................. PL 90-629 Sec 2.........   309
  Foreign aid........................... PL 87-195 Sec 622.......   256
                                         PL 87-195 Sec 631.......   262
Child survival activities
 AID
  Reimbursement of expenses............. PL 105-118 Sec 522......   622
Children
 Asia
  Foreign aid........................... PL 87-195 Sec 241.......   106
Children's Medical Relief International
 Foreign aid............................ PL 87-195 Sec 214(d)....    63
Chile-U.S. relations
 Foreign aid
  Restrictions on....................... PL 94-161 Sec 320.......   559
 Human rights........................... PL 93-189 Sec 35........   569
 U.S. aid and sales
  Conditions on......................... PL 97-113 Sec 726.......   503
China (People's Republic of)
 OPIC
  Workers rights........................ PL 87-195 Sec 231A(4)...    82
China (People's Republic of)-U.S. 
  relations
 OPIC
  Presidential determination............ PL 87-195 Sec 239(f)....   102
China (Republic of)
 (see Taiwan)
China
 United Nations Population Fund
  Foreign aid funds prohibition......... PL 105-118 Title IV.....   613
China-U.S. relations
 Foreign aid
  Indirect funding prohibition.......... PL 105-118 Sec 523......   623
Claims (against U.S. Government)
 Patents
  Foreign aid........................... PL 87-195 Sec 606.......   222
Claims
 (see also Foreign claims)
 Foreign aid
  Fraudulent............................ PL 87-195 Sec 640A......   277
 Investment disputes.................... PL 87-195 Sec 635(i)....   271
Coal
 Federal Coal Export Commission......... PL 99-83 Sec 1304.......   486
Collective security
 (see Mutual defense)
Colombia-U.S. relations
 Foreign aid
  Notification requirements............. PL 105-118 Sec 520......   621
 Narcotics control...................... PL 96-533 Sec 402(c)....   513
Commander-in-Chief powers
 (see War powers)
Commission for the Preservation of 
  America's Heritage Abroad............. PL 99-83 Sec 1303.......   484
Commodities
 Surplus
  Opposing production of................ PL 105-118 Sec 514......   618
Commodity sales
 Countries (foreign)
  Special Account....................... PL 87-195 Sec 609.......   226
Communist countries
 Foreign aid
  Countries specified................... PL 87-195 Sec 620(f)....   239
 U.S. relations with
  Foreign aid........................... PL 87-195 Sec 620(f)....   239
Competition
 (see Private enterprise)
Comptroller General of the U.S.
 (see also GAO)
Conciliators
 (see Arbitration)
Congo, Democratic Republic of-U. 
  relations
 Aid prohibition........................ PL 105-118 Sec 585......   651
Congress
 (see also Reports to Congress)
 (see also War powers)
 Foreign aid
  Termination of........................ PL 87-195 Sec 617.......   234
 Requests for information
  Foreign aid........................... PL 87-195 Sec 633A......   266
 Senate procedure....................... PL 94-329 Sec 601.......   555
 State Department
  Oversight of.......................... PL 92-226 Sec 407.......   573
Contingency fund
 Authorization of appropriations........ PL 87-195 Sec 451.......   122
  Report to Congress.................... PL 87-195 Sec 451(a)(2).   123
Continuing Appropriations, Fiscal Year 
  1998.................................. PL 105-46...............   655
Contracts repudiated by foreign 
  governments
 Foreign aid cut-off.................... PL 87-195 Sec 
                                          620(e)(1)(B)...........   237
Cooperative research and development 
  programs
 Non-NATO allies
  Lending equipment and supplies........ PL 90-629 Sec 65........   388
Countries, foreign
 Agricultural commodities
  In competition with U.S............... PL 105-118 Sec 513(b)...   618
 Assistance to security forces
  Limitation on......................... PL 105-118 Sec 570......   643
 Commodities
  In competition with U.S............... PL 105-118 Sec 513......   618
 Commodity sales
  Special Account....................... PL 87-195 Sec 609.......   226
 High income
  Military aid prohibitions............. PL 87-195 Sec 546.......   209
 Intellectual property
  International protection of........... PL 103-392 Sec 501......   411
 Loans from IFIs
  Auditing funds and receipts........... PL 104-208 Sec 576......   668
 Military aid
  Prohibitions.......................... PL 87-195 Sec 546.......   209
 Nuclear enrichment transfers
  Aid prohibition....................... PL 90-629 Sec 101.......   402
 Nuclear reprocessing transfers
  Aid prohibition....................... PL 90-629 Sec 102.......   403
 Sanctuary to indicted war criminals
  Restrictions on assistance............ PL 105-118 Sec 573......   644
Courts
 Act of state doctrine.................. PL 87-195 Sec 620(e)(2).   238
 Venue
  OPIC.................................. PL 87-195 Sec 239(a)....    99
Croatia-U.S. relations
 Foreign aid
  Limitations on........................ PL 105-118 Sec 567......   643
Cuba
 Drug trafficking
  Findings of Congress.................. PL 99-83 Sec 617........   448
 Human rights
  Sense of Congress..................... PL 99-83 Sec 718........   461
 Intelligence facilities
  Soviet Union (former), independent 
   states of............................ PL 87-195 Sec 498(A)(d).   169
 Refugees............................... PL 96-533 Sec 715.......   520
  Deportation of........................ PL 96-533 Sec 712.......   519
Cuba-Russia relations
 Intelligence
  Collection of......................... PL 87-195 Sec 498(A)(d).   169
Cuba-U.S. relations
 Drug control........................... PL 99-83 Sec 617........   448
 Foreign aid
  Direct funding prohibition............ PL 105-118 Sec 507......   616
  Indirect funding prohibition.......... PL 105-118 Sec 523......   623
  Prohibited............................ PL 96-533 Sec 717.......   521
                                         PL 95-424 Sec 602.......   539
 Foreign aid prohibition................ PL 87-195 Sec 620(a)....   236
Currencies, foreign
 (see also Agricultural commodity sales)
 Arms sales (U.S.)...................... PL 87-195 Sec 609.......   226
 Counterpart funds
  Military activities................... PL 93-189 Sec 40........   571
 Educational and cultural exchange 
   programs............................. PL 87-195 Sec 612.......   229
 Foreign aid............................ PL 87-195 Sec 636.......   272
  Accounting............................ PL 87-195 Sec 613.......   231
  Military activities................... PL 93-189 Sec 40........   571
  Presidential discretion............... PL 87-195 Sec 614.......   232
  Special authority..................... PL 87-195 Sec 648.......   284
 Inconvertibility
  OPIC insurance against................ PL 87-195 Sec 
                                          234(a)(1)(A)...........    84
 Maximum use of......................... PL 87-195 Sec 612.......   229
 Social Progress Trust Fund............. PL 93-189 Sec 36........   569
 Special Account
  U.S. access to........................ PL 87-195 Sec 609.......   226
Cyprus-Turkey relations
 Settlement of conflict................. PL 99-83 Sec 101(f).....   432
Cyprus-U.S. relations................... PL 95-384 Sec 13........   540
 Negotiations with Turkey
  Report to Congress.................... PL 87-195 Sec 620(x)(2).   244
 Development assistance
  Appropriations, 1998.................. PL 105-118 Title II.....   597
 Economic Support Fund.................. PL 99-83 Sec 203........   438
 Foreign aid............................ PL 87-195 Sec 495.......   151
 Negotiations with Turkey............... PL 87-195 Sec 620(x)....   243
 Settlement in.......................... PL 87-195 Sec 620C......   246
Czech Republic
 Integration into NATO
  Appropriations, 1998.................. PL 105-118 Title III....   610
Czech Republic-U.S. relations
 Arms sales
  Foreign aid, 1998..................... PL 105-118 Title III....   610
  Grants................................ PL 105-118 Title III....   610

                                   D

DAC
 (see Organization for Economic 
   Cooperation and Development)
Debt-for-development
 Nongovernmental organizations
  Local currency investing.............. PL 105-118 Sec 531......   625
Debts (foreign)
 Debt reduction
  Implementation of..................... PL 87-195 Sec 704(a)....   297
  Payment of principal.................. PL 87-195 Sec 705.......   298
  Presidential authority................ PL 87-195 Sec 704(a)....   297
 Debt-for-nature exchanges.............. PL 87-195 Ch 7..........   127
  AID assistance........................ PL 87-195 Ch 7..........   127
  Eligible countries.................... PL 87-195 Ch 7..........   128
  Eligible projects..................... PL 87-195 Ch 7..........   127
  Sub-Saharan Africa.................... PL 87-195 Ch 7..........   129
  Terms and conditions.................. PL 87-195 Ch 7..........   128
 Egypt
  Report to Congress.................... PL 99-83 Sec 1205.......   482
 Israel
  Report to Congress.................... PL 99-83 Sec 1205.......   482
 Latin America
  Report to Congress.................... PL 99-83 Sec 719........   461
 Owed to the U.S.
  Authority to reduce................... PL 105-118 Sec 558......   637
  Buybacks or sales of.................. PL 105-118 Sec 559......   638
 Portugal
  Report to Congress.................... PL 99-83 Sec 1205.......   482
 Restructuring
  Appropriations, 1998.................. PL 105-118 Title II.....   598
 Settlement of.......................... PL 94-161 Sec 321.......   559
 Turkey
  Report to Congress.................... PL 99-83 Sec 1205.......   482
Defense, Department of
 Activities in Bosnia
  Report to Congress.................... PL 105-18 Sec 105.......   662
 Counter terrorism activities
  Supplemental appropriations, 1997..... PL 105-18 Sec 103.......   661
 Humanitarian aid
  Supplemental appropriations, 1997..... PL 105-18 Sec 104.......   662
 Overseas Contingency Operations 
   Transfer Fund
  Supplemental appropriations,.......... PL 105-18 Title I.......   662
Defense, Secretary of
 Military aid administration............ PL 87-195 Sec 623.......   257
Democratic Republic of Congo-U.S. 
  relations
 Foreign aid
  Notification requirements............. PL 105-118 Sec 520......   622
Department of Defense
 (see Defense, Department of)
Desalting plant
 Development of......................... PL 87-195 Sec 219.......    63
Desert Shield
 (see Operation Desert Shield)
Desert Shield/Desert Storm
 (see Operation Desert Shield/Desert 
   Storm)
Desert Storm
 (see Operation Desert Storm)
Developing countries
 AID
  Capital projects...................... PL 102-549 Sec 302......   414
 Cooperatives
  Foreign aid........................... PL 87-195 Sec 111.......    42
 Foreign aid
  Infant feeding practices.............. PL 97-113 Sec 301(b)....   493
 Health care
  Promoting immunization and oral 
   rehydration.......................... PL 99-529 Sec 101.......   424
 Micro-enterprises
  Foreign aid........................... PL 105-118 Title II.....   599
 Natural resources
  Foreign aid........................... PL 87-195 Sec 118(c)....    48
 Private enterprise
  Loan guarantees....................... PL 87-195 Sec 108(i)....    40
 PVOs
  Participation......................... PL 87-195 Sec 123.......    54
Development
 (see also Alliance for Progress)
 (see also Foreign aid)
 (see also Less-developed countries)
 (see also U.N.)
 Employee stock ownership plans
  Expanded us of........................ PL 99-83 Sec 713........   458
 International Advisory Commission for 
   the Caribbean Region................. PL 99-83 Sec 714........   459
 Presidential Task Force on Project 
   Economic Justice..................... PL 99-83 Sec 713........   458
Development aid
 (see Foreign aid)
Development Assistance Committee
 (see OECD)
Development Coordination Committee
 Establishment of....................... PL 87-195 Sec 640B......   278
Development credit authority
 Loans and guarantees................... PL 105-118 Sec 591......   653
Development Fund for Africa
 Authorization of appropriations........ PL 87-195 Sec 497.......   163
Development Loan Committee
 Establishment of....................... PL 87-195 Sec 122(e)....    54
Diego Garcia
 (see Indian Ocean)
Disaster assistance
 Africa................................. PL 87-195 Sec 495K......   157
 Appropriations, 1998................... PL 105-118 Title II.....   598
 Foreign aid............................ PL 87-195 Sec 491-495H..   150
  Authorization of appropriations....... PL 87-195 Sec 492(a)....   150
  Borrowing authority................... PL 87-195 Sec 492(b)....   151
 Lebanon................................ PL 87-195 Sec 495J......   157
 Nicaragua.............................. PL 87-195 Sec 494.......   151
 Pakistan............................... PL 87-195 Sec 494.......   151
Disaster relief
 (see also Foreign aid, disaster 
   assistance)
 (see also Humanitarian assistance)
Discrimination
 Against U.S. personnel
  Foreign aid restrictions.............. PL 87-195 Sec 666.......   294
  Military aid restrictions............. PL 87-195 Sec 505(g)....   187
  Military sales restrictions........... PL 90-629 Sec 5.........   317
  Reports to Congress................... PL 87-195 Sec 505(g)....   187
                                         PL 90-629 Sec 5.........   317
Disputes
 (see OAS)
Drug control
 Aerial eradication
  Herbicides............................ PL 87-195 Sec 481(d)....   132
 Aircraft record retention.............. PL 87-195 Sec 485.......   139
 Authorization of appropriations........ PL 87-195 Sec 482.......   135
 Caribbean
  Foreign aid........................... PL 105-118 Sec 541......   630
 Colombia
  Anti-narcotics program................ PL 96-533 Sec 402(c)....   513
 Contribution by recipient country...... PL 87-195 Sec 482(c)....   137
 Countries failing to control
  Reallocation of assistance funds...... PL 87-195 Sec 486.......   139
 Crop eradications
  Reimbursement prohibition............. PL 87-195 Sec 483.......   138
 Cuba
  Findings of Congress.................. PL 99-83 Sec 617........   448
 Drug traffickers
  Aid prohibition....................... PL 87-195 Sec 487.......   140
 Foreign aid
  Certification procedures.............. PL 87-195 Sec 490.......   146
  Prohibition on using to acquire real 
   property............................. PL 87-195 Sec 488.......   141
  Reports to Congress................... PL 87-195 Sec 489(b)....   145
  Reports to Congress, FY 1993 and 1994. PL 87-195 Sec 489.......   142
  Restrictions waiver................... PL 104-164 Sec 133......   409
  Weapons and ammunition procurement 
   restrictions......................... PL 87-195 Sec 482(b)....   136
 Foreign governments use of U.S. 
   aircraft
  Control of............................ PL 87-195 Sec 484(b)....   139
  Leasing requirement................... PL 87-195 Sec 484.......   138
  Reports to Congress................... PL 87-195 Sec 484(c)....   139
 Foreign policing activities
  U.S. participation in................. PL 87-195 Sec 481(c)....   131
 International illicit narcotics
  Reobligation of funds................. PL 97-113 Sec 502.......   494
  Sense of Congress..................... PL 87-195 Sec 481.......   129
 International narcotics
  Definitions........................... PL 87-195 Sec 481(e)....   133
  Notification requirement.............. PL 104-164 Sec 132......   409
 International Narcotics Control 
   Strategy Report...................... PL 87-195 Sec 489(a)....   142
 Jamaica
  Economic Support Fund................. PL 99-83 Sec 610........   446
 Latin America
  Establishing a regional organization.. PL 99-83 Sec 615........   448
  Foreign aid........................... PL 105-118 Sec 541......   630
  Military equipment transfers.......... PL 101-167 Sec 573(f)...   702
  Transfer of funds appropriated........ PL 101-167 Sec 569(d)...   700
 Narcotics interdictions
  Appropriations, 1998.................. PL 105-118 Title II.....   606
 Peru................................... PL 99-83 Sec 612........   447
 Production of
  Development programs.................. PL 87-195 Sec 126.......    59
 Secretary of State coordinating U.S. 
   assistance activities................ PL 87-195 Sec 481(b)....   131
 Traffickers
  Accessing foreign bank accounts....... PL 99-83 Sec 619........   450
 Using aircraft
  Providing defensive weapons........... PL 99-83 Sec 607........   445

                                   E

East Timor
 Arms sales to Indonesia
  Limitation on......................... PL 105-118 Sec 571......   643
 Relief in
  Sense of Congress..................... PL 96-533 Sec 408.......   513
Economic aid
 (see Foreign aid)
Economic Support Fund................... PL 87-195 Ch 4 Note.....   201
 Administration of justice
  Assistance in support of.............. PL 87-195 Sec 534.......   204
 Afghanistan............................ PL 99-83 Sec 904........   480
 Africa................................. PL 99-83 Sec 801........   472
 Appropriations, 1998................... PL 105-118 Title II.....   600
 Authority.............................. PL 87-195 Sec 531.......   201
 Authorization of appropriations........ PL 87-195 Sec 532.......   203
 Commodity Import Program
  Minimum allowance for................. PL 97-113 Sec 203.......   493
 Cyprus................................. PL 99-83 Sec 203........   438
 Egypt.................................. PL 99-83 Sec 202........   437
                                         PL 95-92 Sec 9..........   548
  Appropriations, 1998.................. PL 105-118 Title II.....   600
 Emergency assistance................... PL 87-195 Sec 533.......   204
 Funds available for minority 
   enterprises.......................... PL 99-83 Sec 315........   441
 Guatemala
  Debt retirement....................... PL 105-118 Title II.....   601
 Israel................................. PL 99-83 Sec 202........   437
  Annual appropriation.................. PL 105-118 Sec 517......   620
  Appropriations, 1998.................. PL 105-118 Title II.....   600
 Jordan
  Appropriations reprogramming.......... PL 105-118 Title II.....   600
  Appropriations, 1997.................. PL 105-118 Title II.....   600
  Appropriations, 1998.................. PL 105-118 Title II.....   600
 Middle East Peace and Stability Fund
  Appropriations, 1998.................. PL 105-118 Title II.....   600
 Nuclear facilities
  Restrictions on funding............... PL 99-83 Sec 207........   439
 Portugal............................... PL 99-83 Sec 204........   439
 Southern Africa........................ PL 99-83 Sec 802........   473
 Tunisia................................ PL 99-83 Sec 805........   475
 Turkey
  FY 1979 supplemental authorization.... PL 96-92 Sec 27.........   524
 Zaire.................................. PL 99-83 Sec 804........   475
Education
 Foreign aid
  Authorization of appropriations....... PL 87-195 Sec 105.......    32
 International University for the 
   Americas............................. PL 102-549 Sec 604......   420
 Schools (abroad)
  Sponsored by U.S...................... PL 87-195 Sec 214.......    62
Education and human resources
 Developmental assistance
  Authorization of appropriations....... PL 87-195 Sec 105.......    32
Educational and cultural exchange
 Foreign currencies..................... PL 87-195 Sec 612.......   229
 Foreign currencies from arms sales..... PL 87-195 Sec 505(f)....   186
Egypt
 Economic conditions
  Impact on foreign debt................ PL 99-83 Sec 1205.......   482
Egypt-Israel relations
 Peace process.......................... PL 99-83 Sec 1206.......   483
Egypt-U.S. relations
 Arms sales............................. PL 99-83 Sec 101(d).....   431
  Grants................................ PL 105-118 Title III....   609
 Economic Support Fund.................. PL 99-83 Sec 202........   437
  Foreign aid, 1998..................... PL 105-118 Title II.....   600
 Peace negotiations..................... PL 95-384 Sec 28........   543
El Salvador-U.S. relations
 Foreign aid
  Findings of Congress.................. PL 99-83 Sec 702........   450
  Suspension of......................... PL 99-83 Sec 702(g).....   453
 Military aid........................... PL 101-513 Sec 531......   684
  Conditions for........................ PL 98-151 Sec 101(b)(2).   489
 Police training
  Foreign aid for....................... PL 87-195 Sec 660(d)....   290
 Refugee assistance..................... PL 87-195 Sec 495I......   156
                                         PL 97-113 Sec 731.......   508
 Report to Congress..................... PL 97-113 Sec 729.......   507
 U.S. aid
  Conditions on......................... PL 97-113 Sec 727-730...   504
Emergencies (national)
 (see National emergency)
Emergency Supplemental Appropriations 
  Act for ... Overseas Peacekeeping 
  Efforts .............................. PL 105-18...............   661
Emergency Supplemental Appropriations 
  and Rescissions ... Military Readiness 
  Act of 1995........................... PL 104-6................   672
Emergency Supplemental Appropriations 
  for the Department of Defense......... PL 105-18 Title I.......   662
Emigration
 (see Immigration, foreign)
Employees (U.S.)
 Exporting production
  Restrictions under this Act........... PL 102-549 Sec 801......   421
Endangered species
 Foreign aid............................ PL 87-195 Sec 119.......    50
 Protection of
  Foreign aid........................... PL 87-195 Sec 119.......    50
  Reports to Congress................... PL 87-195 Sec 119(h)....    52
Energy, Department of
 Foreign aid programs................... PL 87-195 Sec 106(c)....    34
Enterprise for the Americas
 Americas Framework Agreement........... PL 87-195 Sec 708.......   299
  Report to Congress.................... PL 87-195 Sec 710.......    31
 Enterprise for the Americas Board...... PL 87-195 Sec 709.......    31
Enterprise for the Americas Act of 1992. PL 102-549 Sec 601......   419
Enterprise for the Americas Facility
 Country eligibility
  Presidential determination............ PL 87-195 Sec 703(b)....   297
 Debt reduction......................... PL 87-195 Sec 703.......   297
 Foreign aid
  Country eligibility................... PL 87-195 Sec 703(a)....   297
Enterprise for the Americas Fund
 Establishment of....................... PL 87-195 Sec 707.......   299
Enterprise for the Americas Initiative.. PL 87-195 Sec 701.......   296
 Definitions............................ PL 87-195 Sec 702.......   296
Enterprise for the Americas Multilateral 
  Investment Fund
 Appropriations, 1998................... PL 105-118 Title IV.....   612
Environment
 Developing countries
  Findings of Congress.................. PL 87-195 Sec 117.......    46
 Developmental programs
  U.S. policies toward.................. PL 101-513 Sec 533......   688
 Global Warming Initiative.............. PL 101-513 Sec 533......   688
 Global warming initiative
  U.S. policies toward.................. PL 101-167 Sec 534......   697
 Greenhouse gases
  Report on costs to reduce............. PL 105-118 Sec 579......   649
 MDBs
  Report to Congress.................... PL 102-391 Sec 532(c)...   680
 Natural resources
  Foreign aid........................... PL 87-195 Sec 117.......    46
Equatorial Guinea-U.S. relations
 Foreign aid............................ PL 96-533 Sec 314.......   512
Estonia-U.S. relations
 Arms sales
  Foreign aid, 1998..................... PL 105-118 Title III....   610
Europe (Eastern)-U.S. relations
 Foreign aid, 1998...................... PL 105-118 Title II.....   601
 OPIC
  Presidential determination............ PL 87-195 Sec 239(f)....   102
 SEED Act of 1989
  Appropriations, 1998.................. PL 105-118 Title II.....   601
European Bank for Reconstruction and 
  Development
 Appropriations, 1998................... PL 105-118 Title IV.....   613
 Increase in resources
  U.S. contribution to.................. PL 105-118 Sec 560......   639
European Bank for Reconstruction and 
  Development Act....................... PL 101-513 Sec 562(c)...   690
Excess defense articles
 Arms sales
  Defined............................... PL 90-629 Sec 47(1).....   381
 Authorizing transportation funds
  Partnership for Peace countries....... PL 104-164 Sec 105......   408
  SEED countries........................ PL 104-164 Sec 105......   408
 Defined................................ PL 87-195 Sec 644(g)....   282
 Leasing to foreign countries........... PL 90-629 Sec 61........   384
 Transfer of
  Drug enforcement activities........... PL 101-167 Sec 573(f)...   702
 U.S.
  Notification to Congress.............. PL 87-195 Sec 516(f)....   198
 U.S. transfer to NATO's southern flank. PL 87-195 Sec 516.......   195
Excess property
 Required use of........................ PL 87-195 Sec 608.......   225
 Transfer to voluntary agencies......... PL 87-195 Sec 607.......   223
Executive agreements
 (see Executive-legislative relations)
Executive-legislative relations
 (see also War powers)
 Arms sales............................. PL 90-629 Sec 36(b).....   351
Export controls
 Arms sales............................. PL 90-629...............   305
 Chemical or biological weapons
  Economic sanctions.................... PL 90-629 Sec 81........   396
 Missiles and missile technology
  Secretary of Defense.................. PL 90-629 Sec 71........   389
  Secretary of State.................... PL 90-629 Sec 71........   389
Export-Import Bank
 Financing by
  Limitations on........................ PL 87-195 Sec 632(f)....   265
 Nuclear equipment exports
  Funds restrictions.................... PL 105-118 Title I......   593
 OPIC
  Appropriations, 1998.................. PL 105-118 Title I......   594
  Noncredit account..................... PL 105-118 Title I......   594
  Program account....................... PL 105-118 Title I......   595
 Program limitation, 1998............... PL 105-118 Title I......   593
 Subsidy costs
  Appropriations, 1998.................. PL 105-118 Title I......   593
 Tied-aid credits
  Appropriations, 1998.................. PL 105-118 Title I......   594
Exports
 (see also Trade)
 Federal Coal Export Commission......... PL 99-83 Sec 1304.......   486
 MDBs
  Additional procurement officers....... PL 102-549 Sec 501......   419
 United States Commercial Centers....... PL 102-549 Sec 401......   416
Expropriation
 Defined................................ PL 87-195 Sec 238(b)....    99

                                   F

Family planning
 (see Population growth)
FAO
 Food reserves.......................... PL 93-189 Sec 39........   570
Federal Coal Export Commission.......... PL 99-83 Sec 1304.......   486
 Report to Congress..................... PL 99-83 Sec 1304(f)....   487
Fisheries
 Seizure of U.S. vessels
  Foreign aid cut-off................... PL 87-195 Sec 620(o)....   241
Food
 (see also Agricultural commodity sales)
 (see also Agriculture)
 (see also FAO)
 (see also Food aid program)
 World hunger
  Congressional finding on.............. PL 97-113 Sec 712.......   497
 World security reserves................ PL 97-113 Sec 711.......   496
Food aid
 Agricultural research.................. PL 87-195 Sec 103A......    28
                                         PL 87-195 Sec 296.......   108
  International cooperation............. PL 87-195 Sec 297.......   110
 Board for International Food and 
   Agricultural Development............. PL 87-195 Sec 298.......   111
 Harvest losses......................... PL 96-533 Sec 317.......   513
 International Fertilizer Development 
   Center
  U.S. participation.................... PL 87-195 Sec 301(f)....   115
 International Food Policy Research 
   Institute
  U.S. participation in................. PL 87-195 Sec 301(h)....   116
 Long-term agricultural commodity 
   agreements
  Report to Congress.................... PL 99-83 Sec 1008.......   482
 Portugal............................... PL 94-329 Sec 409.......   533
 Private voluntary organizations........ PL 96-533 Sec 316.......   512
 Report to Congress..................... PL 87-195 Sec 300.......   113
Food and agricultural development
 International
  Board for............................. PL 87-195 Sec 298.......   111
Food and Agricultural Organization
 (see FAO)
Food for Freedom Program
 (see Food for Peace Act)
Food production
 Foreign aid............................ PL 93-559 Sec 55........   565
Food sales
 (see Agricultural commodity sales)
Food supplies
 (see also Food aid program)
 Domestic production levels............. PL 93-189 Sec 39........   570
 U.N. conference on..................... PL 93-189 Sec 39........   570
Food-for-Peace Program
 Sense of Congress...................... PL 92-226 Sec 2.........   572
Foreign aid
 (see also AID)
 (see also Food aid)
 (see also Humanitarian assistance)
 (see also OPIC)
 Administration of...................... PL 87-195 Sec 621-640C..   255
  Personnel............................. PL 87-195 Sec 624-631...   257
 African Development Foundation......... PL 96-533 Sec 502.......   514
 Agreements or grants
  Restrictions on....................... PL 87-195 Sec 611.......   229
 Agricultural commodities (foreign)
  Assistance restrictions............... PL 105-118 Sec 513(b)...   618
 Agriculture program.................... PL 87-195 Sec 103.......    25
 Alien employees
  Participation in programs............. PL 87-195 Sec 635(f)....   271
 Allocation changes..................... PL 87-195 Sec 653.......   285
 Anti-terrorism assistance program...... PL 87-195 Sec 571-574...   212
 Anti-terrorism program
  Appropriations, 1998.................. PL 105-118 Title II.....   607
 Appropriated funds
  Special authorities................... PL 105-118 Sec 539......   629
 Appropriations
  Ceilings and earmarks................. PL 105-118 Sec 544......   632
  Obligation restrictions............... PL 105-118 Sec 501......   614
 Appropriations, 1991
  Reprogramming of funds................ PL 105-118 Sec 543......   631
 Appropriations, 1998................... PL 105-118 Title I......   593
  Program, project, and activity defined PL 105-118 Sec 521......   622
 Arms Export Control Act................ PL 87-195 Sec 636(g)....   276
 Audits................................. PL 87-195 Sec 635(g)(5).   271
 Authority to authorize................. PL 87-195 Sec 614(a)(4).   233
  Presidential waivers.................. PL 87-195 Sec 614(b)....   234
 Authorization of appropriations, 1984.. PL 98-151 Sec 101(b)(2).   488
 Authorization reduction
  FY 1979............................... PL 95-424 Sec 601.......   539
 Availability of funds.................. PL 105-118 Sec 511......   617
 Bilateral assistance to terrorist 
   countries
  Prohibition on........................ PL 105-118 Sec 527......   624
 Cash transfers
  Separate accounts..................... PL 105-118 Sec 532(b)...   626
 Children
  Asia.................................. PL 87-195 Sec 241.......   106
 Chile
  Restrictions on....................... PL 94-161 Sec 320.......   559
 Commodities (foreign)
  Assistance restrictions............... PL 105-118 Sec 513......   618
 Communist countries
  Countries specified................... PL 87-195 Sec 620(f)....   239
 Consolidation of accounts.............. PL 87-195 Sec 610.......   228
 Cost-sharing with foreign countries.... PL 87-195 Sec 110.......    42
 Counterpart funds...................... PL 87-195 Sec 609.......   226
 Countries in default
  Assistance limitations................ PL 105-118 Sec 512......   617
 Cyprus
  Humanitarian assistance............... PL 87-195 Sec 495.......   151
 Debt burdens
  Selected countries.................... PL 97-113 Sec 723.......   502
 Democratic institutions................ PL 87-195 Sec 281.......   107
 Deobligating and reobligating funds
  Prior notification.................... PL 87-195 Note..........    22
 Deobligation/reobligation authority.... PL 105-118 Sec 510......   616
 Developing countries
  Technology development................ PL 87-195 Sec 107.......    37
 Development Coordination Committee..... PL 87-195 Sec 640B......   278
 Disaster assistance.................... PL 87-195 Sec 491.......   150
  Africa................................ PL 87-195 Sec 495K......   157
  Authorization of appropriations....... PL 87-195 Sec 492(a)....   150
  Borrowing authority................... PL 87-195 Sec 492(b)....   151
  Coordination for...................... PL 87-195 Sec 493.......   151
 Discrimination against U.S. personnel.. PL 87-195 Sec 666.......   294
 Drug control
  Illicit narcotics production.......... PL 87-195 Sec 126.......    59
 Earmarked funds
  Reprogramming......................... PL 105-118 Sec 543......   631
 Economic Support Fund
  Authorization of appropriations....... PL 87-195 Sec 532.......   203
 Education
  Authorization of appropriations....... PL 87-195 Sec 105.......    32
 Endangered species..................... PL 87-195 Sec 119.......    50
 Energy programs........................ PL 87-195 Sec 106(a)....    34
 Equitable allocation of funds.......... PL 87-195 Note..........    25
 Evaluation of programs and projects.... PL 87-195 Sec 125.......    58
 Excess defense articles
  Defined............................... PL 87-195 Sec 644(g)....   282
 Excess property
  Required use of....................... PL 87-195 Sec 608.......   225
  Transfer to voluntary agencies........ PL 87-195 Sec 607.......   223
 Fiscal year availability of funds...... PL 87-195 Note..........    23
 Foreign Assistance Act of 1961......... PL 87-195...............    13
  Definition of terms................... PL 87-195 Sec 644.......   281
 Foreign Assistance Act of 1962......... PL 87-565...............   592
 Foreign Assistance Act of 1963......... PL 88-205...............   591
 Foreign Assistance Act of 1964......... PL 88-633...............   590
 Foreign Assistance Act of 1965......... PL 89-171...............   589
 Foreign Assistance Act of 1966......... PL 89-583...............   588
 Foreign Assistance Act of 1967......... PL 90-137...............   587
 Foreign Assistance Act of 1968......... PL 90-554...............   585
 Foreign Assistance Act of 1969......... PL 91-175...............   579
 Foreign Assistance Act of 1971......... PL 92-226...............   572
 Foreign Assistance Act of 1973......... PL 93-189...............   567
 Foreign Assistance Act of 1974......... PL 93-559...............   561
 Foreign currencies..................... PL 87-195 Sec 636.......   272
  U.S. security......................... PL 87-195 Sec 614(a)(2).   233
 Foreign Military Financing Program
  Funds use restrictions................ PL 105-118 Sec 556......   636
 Former Soviet Union
  Rescission of funds................... PL 105-18 Title I.......   662
 Funds
  Limit on obligations.................. PL 87-195 Note..........    21
  Transfer between programs............. PL 87-195 Sec 109.......    41
                                         PL 87-195 Sec 610.......   228
                                         PL 87-195 Sec 632.......   263
  Withholding of........................ PL 87-195 Sec 307.......   121
 Health services........................ PL 87-195 Sec 104.......    28
  Authorization of appropriations....... PL 87-195 Sec 104(g)....    31
 Human rights........................... PL 87-195 Sec 116.......    43
                                         PL 96-533 Sec 710.......   519
  Inter-American Commission............. PL 87-195 Sec 302(a)(2).   117
 Human rights repression
  Aid prohibition....................... PL 102-391 Sec 511......   680
 IMET
  Funds use restrictions................ PL 105-118 Sec 556......   636
 Impact on jobs in U.S.................. PL 105-118 Sec 538......   628
 Incidental expenses.................... PL 87-195 Sec 636.......   272
 Independent states of the Former Soviet 
   Union................................ PL 87-195 Ch 11.........   164
 Infant feeding practices............... PL 97-113 Sec 301(b)....   493
 International Financial Institutions
  Opposing loans to certain countries... PL 104-208 Sec 579......   668
  Transfer of appropriations............ PL 105-118 Sec 502......   614
 International organizations
  Authorization of appropriations....... PL 87-195 Sec 302.......   116
  Integration of women.................. PL 87-195 Sec 305.......   120
  Report to Congress.................... PL 87-195 Sec 306.......   120
 International organizations and 
   programs............................. PL 87-195 Sec 301.......   113
  Audit of.............................. PL 87-195 Sec 301(d)....   114
 International Private Investment 
   Advisory Council on Foreign Aid...... PL 87-195 Sec 601(c)....   217
 Italy
  Disaster assistance................... PL 87-195 Sec 495B......   152
 Land mine removal...................... PL 105-118 Sec 554......   635
 Latin America and the Caribbean
  Allocation of funds................... PL 105-118 Sec 557......   636
  Reports to Congress................... PL 99-83 Sec 709........   457
 Least developed countries
  Emphasis on........................... PL 87-195 Sec 124.......    57
 Lebanon
  Disaster assistance................... PL 87-195 Sec 495C......   153
 Less-developed countries
  Agricultural programs................. PL 87-195 Sec 222A......    66
 Loans
  Accelerated repayments................ PL 87-195 Sec 127.......    59
  Defaults on........................... PL 93-559 Sec 56........   566
  General authorities................... PL 87-195 Sec 122.......    53
  Reducing bilateral.................... PL 87-195 Sec 209.......    61
 Local currencies
  Separate accounts..................... PL 105-118 Sec 532......   625
 Management innovations
  Systems analysis...................... PL 87-195 Sec 621A......   256
 Middle East
  International contributions........... PL 94-161 Sec 322.......   560
 Minority business participation........ PL 95-88 Sec 133........   545
 Minority Resource Center............... PL 98-151 Sec 101(b)(2).   489
 Minority set-aside..................... PL 99-83 Sec 315........   441
                                         PL 98-151 Sec 101(b)(2).   489
 Natural resources
  Tropical forests...................... PL 87-195 Sec 118.......    47
 Notification requirements.............. PL 105-118 Sec 515......   619
 Nutrition.............................. PL 87-195 Sec 103.......    25
 Olympic games boycott.................. PL 96-533 Sec 718.......   521
 Personnel
  (see also Peace Corps)
  Assignments........................... PL 87-195 Sec 627-630...   261
  Consultants........................... PL 87-195 Sec 626.......   260
  Officers.............................. PL 87-195 Sec 624.......   257
  Official expenses..................... PL 87-195 Sec 636.......   272
 Police training prohibited............. PL 87-195 Sec 660.......   288
 Policy
  Findings and sense of Congress........ PL 87-195 Sec 101-102...    16
 Political repression abroad............ PL 93-189 Sec 32........   568
 Poor
  Determining target populations........ PL 87-195 Sec 128.......    60
 Population Development Assistance
  Appropriations........................ PL 87-195 Note..........    20
 Population growth...................... PL 87-195 Sec 104.......    28
 Population planning
  Authorization of appropriations....... PL 87-195 Sec 104(g)....    31
 Private Sector Revolving Fund.......... PL 87-195 Sec 108.......    37
 Procurement abroad..................... PL 87-195 Sec 604.......   219
 Procurement from small businesses...... PL 94-329 Sec 602.......   557
 Program changes
  Congressional notification............ PL 87-195 Sec 634A......   269
 Prohibited circumstances
  Presidential certification............ PL 90-629 Sec 101(b)....   402
 Prohibitions against................... PL 87-195 Sec 620.......   235
 Provided through PVOs.................. PL 99-83 Sec 710........   458
 PVOs
  Assisting in development.............. PL 87-195 Sec 123.......    54
  Auditing requirements................. PL 105-118 Sec 549......   633
 PVOs involvement
  Encouraging........................... PL 87-195 Sec 601.......   216
 Reappraisal of......................... PL 90-554 Part V........   585
 Refugees
  Africa................................ PL 87-195 Sec 495F......   154
 Reports to Congress.................... PL 87-195 Note..........    24
                                         PL 87-195 Sec 634.......   266
                                         PL 97-113 Sec 722.......   501
  Human rights violations in assistance 
   recipient countries.................. PL 87-195 Sec 502B(b)...   179
 Reprogramming of funds................. PL 87-195 Sec 634A......   269
 Restrictions
  Other eligibilities................... PL 105-118 Sec 542......   631
 Romania
  Disaster assistance................... PL 87-195 Sec 495D......   153
 Rural development...................... PL 87-195 Sec 103.......    25
 Russia
  Restrictions on....................... PL 103-87 Sec 577.......   678
 Sahel Development Program.............. PL 87-195 Sec 120.......    52
 Secretary of State
  Responsibilities...................... PL 87-195 Sec 622.......   256
 Self-help development aid.............. PL 95-88 Sec 131........   545
 Services and commodities............... PL 87-195 Sec 607.......   223
 Soviet Union (former), independent 
   states of............................ PL 87-195 Sec 498.......   164
  Authorities for assistance............ PL 87-195 Sec 498(B)....   170
  Authorization of appropriations....... PL 87-195 Sec 498(C)....   173
  Criteria for assistance............... PL 87-195 Sec 498(A)....   166
  Cuban intelligence facilities......... PL 87-195 Sec 498(A)(d).   169
  Report to Congress.................... PL 87-195 Sec 498(A)(c).   168
 Special Foreign Assistance Act of 1971. PL 91-652...............   574
 Special Foreign Assistance Act of 1986. PL 99-529...............   424
 Special missions abroad................ PL 87-195 Sec 631.......   262
 Sub-Saharan Africa
  Report to Congress.................... PL 101-513 Sec 562(c)...   690
 Targeting for poor..................... PL 87-195 Sec 128.......    60
 Termination of
  Countries involved in nuclear 
   transfers............................ PL 90-629 Sec 102(b)....   404
 Termination of assistance.............. PL 87-195 Sec 617.......   234
 Terrorism
  Prohibition to countries supporting... PL 87-195 Sec 620A......   244
 Trade and Development Agency
  Authorization of appropriations....... PL 87-195 Sec 661(f)....   292
  Development programs.................. PL 87-195 Sec 661.......   290
 Transfer of funds
  Restrictions on....................... PL 105-118 Sec 509......   616
 Transportation expenses................ PL 87-195 Sec 636.......   272
 Turkey
  Disaster assistance................... PL 87-195 Sec 495E......   154
 U.S. resources, products, and services
  Use of................................ PL 105-118 Sec 546......   633
 U.S. small business participation...... PL 87-195 Sec 602.......   218
 Unexpended balances
  Disposition of........................ PL 87-195 Sec 645.......   284
 Utilizing nongovernmental organizations
  Study by AID.......................... PL 99-83 Sec 311........   440
 Volunteer organizations
  Approved by AID....................... PL 87-195 Sec 635(c)....   270
 Women in development................... PL 87-195 Sec 113.......    42
Foreign aid, FY 1991
 General provisions..................... PL 101-513 Title V......   684
Foreign aid, FY 1993
 General provisions..................... PL 102-391 Title V......   680
Foreign aid, FY 1994
 Supplemental appropriations............ PL 103-306 Title VI.....   677
Foreign aid, FY 1996
 General provisions..................... PL 105-118 Title V......   614
                                         PL 104-208 Title V......   665
                                         PL 104-107 Title V......   670
Foreign assistance
 (see Foreign aid)
 Libyan sanctions
  Restrictions on countries in violation PL 105-118 Sec 582......   650
 Sanctuary to war criminals
  Restrictions on assistance to 
   countries providing.................. PL 105-118 Sec 573......   644
Foreign Claims Settlement Commission
 Foreign aid cut-off.................... PL 87-195 Sec 620(e)(1).   237
Foreign currencies
 (see Currencies, foreign)
Foreign gifts and decorations
 (see Gifts, foreign)
Foreign governments
 (see Governments (foreign)
Foreign Military Financing Program
 Foreign aid funds prohibition.......... PL 105-118 Sec 556......   636
Foreign military sales
 Refinancing program.................... PL 100-202 Title III....   708
Foreign Military Sales Act
 (see Arms Export Control Act)
Foreign Military Sales Act Amendments of 
  1971.................................. PL 91-672...............   576
Foreign Military Sales Financing Program
 Procurement of defense articles and 
   services............................. PL 105-118 Title III....   611
Foreign ministers
 (see Ambassadors)
Foreign Operations, Export Financing, 
  and Related Programs Appropriations 
  Act, 1988............................. PL 100-202 Sec 101(e)...   708
Foreign Operations, Export Financing, 
  and Related Programs Appropriations 
  Act, 1990............................. PL 101-167..............   695
Foreign Operations, Export Financing, 
  and Related Programs Appropriations 
  Act, 1991............................. PL 101-513..............   684
Foreign Operations, Export Financing, 
  and Related Programs Appropriations 
  Act, 1993............................. PL 102-391..............   680
Foreign Operations, Export Financing, 
  and Related Programs Appropriations 
  Act, 1994............................. PL 103-87...............   678
Foreign Operations, Export Financing, 
  and Related Programs Appropriations 
  Act, 1995............................. PL 103-306..............   676
Foreign Operations, Export Financing, 
  and Related Programs Appropriations 
  Act, 1996............................. PL 104-107..............   670
Foreign Operations, Export Financing, 
  and Related Programs Appropriations 
  Act, 1997............................. PL 104-208..............   665
Foreign Operations, Export Financing, 
  and Related Programs Appropriations 
  Act, 1998............................. PL 105-118..............   593
Foreign Operations, Export Financing, 
  and Related Programs Supplemental 
  Appropriations Act, 1994.............. PL 103-306..............   676
                                         PL 103-306 Title VI.....   677
Foreign Service Reserve Officers
 Assignments
  Foreign aid program................... PL 87-195 Sec 625.......   258
  Language and experience related....... PL 87-195 Sec 625(i)....   260
Foreign Service Retirement and 
  Disability Fund
 Appropriations, 1998................... PL 105-118 Title II.....   599
Foreign trade
 (see Trade)
France-U.S. relations
 Arms control
  Limiting conventional arms transfers.. PL 99-83 Sec 129........   432
Fuel supplies
 Use in foreign aid program............. PL 87-195 Sec 647.......   284
Fugitives
 (see Refugees)

                                   G

Gabon-U.S. relations Albert Schweitzer 
  Hospital
 Foreign aid............................ PL 93-189 Sec 33........   568
GAO
 Foreign aid
  Account auditing...................... PL 87-195 Sec 635(g)(5).   271
General Accounting Office
 (see GAO)
Georgia-U.S. relations
 Foreign aid, 1998...................... PL 105-118 Title II.....   604
Germany-U.S. relations
 Air defense agreements................. PL 99-83 Sec 132........   435
 West Berlin
  Foreign aid........................... PL 87-195 Sec 614(b)....   234
Gifts (U.S.)
 Foreign aid appropriations
  Prohibition........................... PL 87-195 Sec 451(c)....   123
Global Environment Facility (GEF)
 Appropriations, 1998................... PL 105-118 Title IV.....   611
Global security......................... PL 97-113 Sec 710.......   496
Gorgas Memorial Institute
 Authorization of appropriations........ PL 93-559 Sec 47........   562
Government Corporation Control Act
 Compliance with
  Inter-American Foundation............. PL 91-175 Sec 401(t)....   584
Governments (foreign)
 Airport security....................... PL 99-83 Sec 551........   444
 Debt relief arrangements
  Report to Congress.................... PL 102-391 Sec 548......   682
 Foreign aid personnel assigned to...... PL 87-195 Sec 627.......   261
 Lethal weapons exports
  Foreign aid funds prohibition......... PL 105-118 Sec 550......   634
 Military aid (U.S.)
  Defense articles...................... PL 90-629 Sec 21(l).....   326
  Defense articles returned............. PL 90-629 Sec 21(m).....   327
 Military coups
  Foreign aid prohibition............... PL 105-118 Sec 508......   616
 U.S. Debt relief
  Authority to reduce................... PL 105-118 Sec 558......   637
  Buybacks or sales..................... PL 105-118 Sec 559......   638
Governments (foreign)-U.S. relations
 Chemical or biological weapons exports
  Economic sanctions.................... PL 90-629 Sec 81........   396
Greece-U.S. relations
 Arms sales............................. PL 99-83 Sec 101(e).....   431
 Arms sales credits
  Repayment............................. PL 96-92 Sec 17(b)......   522
 Resolution in Cyprus................... PL 87-195 Sec 620C......   246
Guatemala-U.S. relations
 Belize independence
  Recognition of........................ PL 99-83 Sec 703(g).....   454
 ESF
  Appropriations, 1998.................. PL 105-118 Title II.....   601
 Foreign aid
  Conditions for........................ PL 99-83 Sec 703........   453
  Suspension of......................... PL 99-83 Sec 703(d).....   454
 IMET assistance prohibition............ PL 105-118 Title III....   609

                                   H

Haiti-U.S. relation
 Arms sales
  Eligibility for....................... PL 105-118 Sec 569......   643
Haiti-U.S. relations
 Assistance in recovering stolen assets. PL 99-529 Sec 204.......   428
 Democracy in
  Findings of Congress.................. PL 99-529 Sec 201.......   425
 Foreign aid
  Conditions for........................ PL 99-83 Sec 705........   455
  Limitations on........................ PL 105-118 Sec 562......   641
  Notification requirements............. PL 105-118 Sec 520......   621
  Provide through PVOs.................. PL 99-83 Sec 705........   455
 Foreign aid, 1984
  Conditions for........................ PL 98-151 Sec 101(b)(2).   490
 Foreign aid, 1987...................... PL 99-529 Sec 202.......   426
 Immigration (illegal) to U.S.
  Halting............................... PL 99-83 Sec 705(d).....   456
 Military aid, 1987
  Authorization......................... PL 99-529 Sec 203.......   427
  Conditions on......................... PL 99-529 Sec 203.......   427
 Refugees............................... PL 98-151 Sec 101(b)(2).   490
                                         PL 97-113 Sec 721.......   501
Health care
 Promoting immunization and oral 
   rehydration.......................... PL 99-529 Sec 101.......   424
Helsinki Act
 Territorial violations
  Newly independent states.............. PL 105-118 Title II.....   603
Herbicides
 Drug control uses...................... PL 87-195 Sec 481(d)....   132
Hickenlooper Amendment.................. PL 87-195 Sec 620(e)(1).   237
Hijackings
 TWA Flight 847
  Sense of Congress..................... PL 99-83 Sec 558........   445
Honduras-U.S. relations
 Police training
  Foreign aid for....................... PL 87-195 Sec 660(d)....   290
 Refugees............................... PL 99-83 Sec 704........   455
Hospitals (abroad)
 Sponsored by U.S....................... PL 87-195 Sec 214.......    62
Hostages (U.S.)
 Iraq and Kuwait
  Benefits to........................... PL 101-513 Sec 599C.....   692
 Lebanon
  Benefits to........................... PL 101-513 Sec 599C.....   692
Housing
 Less-developed countries............... PL 87-195 Sec 221-223...    64
Housing guaranties
 Less-developed countries
  Authorization of appropriations....... PL 87-195 Sec 222.......    65
Human rights
 Chile
  Inter-American Commission on.......... PL 93-189 Sec 35........   569
 Cuba
  Sense of Congress..................... PL 99-83 Sec 718........   461
 Female genital mutilation
  U.S. opposition to.................... PL 104-208 Sec 579......   668
 Foreign aid............................ PL 87-195 Sec 502B......   178
 Foreign aid conditioned on............. PL 87-195 Sec 116.......    43
 Guatemala.............................. PL 99-83 Sec 703(h).....   454
 Inter-American Commission on........... PL 87-195 Sec 302(a)(2).   117
 Korea
  Erosion of............................ PL 94-329 Sec 412.......   554
 Latin America
  IMET.................................. PL 105-118 Sec 584......   651
 Mexico
  Prisoners (U.S.)...................... PL 94-329 Sec 408.......   533
 OPIC................................... PL 87-195 Sec 239(i)....   102
 Reaffirmation of congressional support. PL 97-113 Sec 713.......   497
 Reports to Congress.................... PL 87-195 Sec 502B(b)...   179
 Security assistance conditioned on..... PL 87-195 Sec 502B(b)...   179
 Violations
  Democratic Republic of Congo.......... PL 105-118 Sec 585......   651
Human Rights and Foreign Assistance
 Interagency Group on................... PL 96-533 Sec 710.......   519
Humanitarian aid
 Countries restricting
  Aid prohibition....................... PL 87-195 Sec 620I......   254
Hungary
 Integration into NATO
  Appropriations, 1998.................. PL 105-118 Title III....   610
Hungary-U.S. relations
 Arms sales
  Foreign aid, 1998..................... PL 105-118 Title III....   610
  Grants................................ PL 105-118 Title III....   610
 OPIC
  Presidential determination............ PL 87-195 Sec 239(f)....   102
Hunger
 Congressional finding on............... PL 97-113 Sec 712.......   497
Hunger prevention
 (see Food aid)

                                   I

IADB
 Appropriations, 1998................... PL 105-118 Title IV.....   612
 Capital stock increase
  Appropriations, 1998.................. PL 105-118 Title IV.....   612
 Resources increase
  Appropriations, 1998.................. PL 105-118 Title IV.....   612
 Social Progress Trust Fund Agreement 
   (1961)............................... PL 93-189 Sec 36........   569
IAEA
 Foreign aid funds prohibitions......... PL 105-118 Title IV.....   613
IBRD
 (see World Bank)
IDA
 Appropriations, 1998................... PL 105-118 Title IV.....   611
 Increase in resources
  U.S. contribution to.................. PL 105-118 Sec 560......   639
IFAD
 Authorization of appropriations........ PL 87-195 Sec 103(g)(2).    28
Immigration (U.S.)
 Alien employees of U.S. Government..... PL 87-195 Sec 635(f)....   271
 Amerasians
  Admission to U.S...................... PL 100-202 Sec 584......   711
Imports
 Educational and cultural materials
  (see Educational and cultural 
    exchange)
Indian Ocean
 Military forces deployed............... PL 94-329 Sec 407.......   533
Indochina War
 International Commission of Control and 
   Supervision.......................... PL 93-559 Sec 48........   562
 Limitation on funds for................ PL 93-189 Sec 31........   567
 Termination of......................... PL 93-189 Sec 30........   567
 Tonkin Gulf Resolution
  Repealed.............................. PL 91-672 Sec 12........   578
 Vietnam Agreement (1973)............... PL 93-189 Sec 34........   568
Indonesia-U.S. relations
 Arms sales to
  Limitation on use in East Timor....... PL 105-118 Sec 571......   643
 IMET
  Aid restrictions...................... PL 104-164 Sec 111......   408
  Restrictions on....................... PL 105-118 Title III....   609
Indus Basin Development
 Grants
  Authorization of appropriations....... PL 87-195 Sec 302(b)(2).   118
 Loans
  Authorization of appropriations....... PL 87-195 Sec 302(b)(1).   117
 U.S. contributions..................... PL 87-195 Sec 303.......   119
Infant feeding practices
 Developing countries
  Report to Congress.................... PL 97-113 Sec 301(b)....   493
Institute for Scientific and 
  Technological Cooperation............. PL 96-53 Sec 401-414....   526
Intellectual property
 Protection of.......................... PL 103-392 Sec 501......   411
Intelligence (foreign)
 Cuba-Russia relations.................. PL 87-195 Sec 498(A)(d).   169
Inter-American Commission on Human 
  Rights
 Chile.................................. PL 93-189 Sec 35........   569
 Support of............................. PL 87-195 Sec 302(a)(2).   117
Inter-American Development Bank
 (see IADB)
 Increase in resources
  U.S. contribution to.................. PL 105-118 Sec 560......   639
Inter-American Foundation
 Appropriations, 1998................... PL 105-118 Title II.....   596
 Authorization of appropriations........ PL 91-175 Sec 401(s)(2).   583
 Board of directors..................... PL 91-175 Sec 401.......   579
 Capital stock.......................... PL 91-175 Sec 401.......   579
 Latin American loan guaranty 
   eligibility.......................... PL 87-195 Sec 222A(d)...    67
 Social Progress Trust Fund............. PL 93-189 Sec 36........   569
Inter-American Social Development 
  Institute
 (see Inter-American Foundation)
Interagency Group on Human Rights and 
  Foreign Assistance.................... PL 96-533 Sec 710.......   519
International Advisory Commission for 
  the Caribbean Region.................. PL 99-83 Sec 714........   459
International agreements
 (see Executive-legislative relations)
International Anti-Terrorism Committee
 Establishment of....................... PL 99-83 Sec 506........   443
International Atomic Energy Agency
 Appropriations, 1998
  Restrictions on....................... PL 105-118 Title II.....   607
International Bank for Reconstruction 
  and Development
 (see World Bank)
International Civil Aviation 
  Organization
 Enforcement of standards............... PL 99-83 Sec 554........   444
International Committee of the Red Cross
 Appropriations, 1998................... PL 105-118 Title II.....   606
International Development and Food 
  Assistance Act of 1975................ PL 94-161...............   559
International Development and Food 
  Assistance Act of 1977................ PL 95-88 Sec 1..........   544
International Development and Food 
  Assistance Act of 1978................ PL 95-424...............   536
International Development Association
 (see IDA)
International Development Cooperation 
  Act of 1979........................... PL 96-53 Sec 1..........   525
International Development Cooperation 
  Agency
 (see IDCA)
International Financial Institutions
 Countries, foreign
  Auditing funds and receipts........... PL 104-208 Sec 576......   668
 Female genital mutilation
  U.S. opposition to.................... PL 104-208 Sec 579......   668
International financial institutions
 Increase in resources of
  U.S. contribution to.................. PL 105-118 Sec 560......   639
International Food and Agricultural 
  Development
 Board for.............................. PL 87-195 Sec 298.......   111
International Food Policy Research 
  Institute
 U.S. participation in.................. PL 87-195 Sec 301(h)....   116
International Fund for Agricultural 
  Development (IFAD)
 Transfer of funds appropriated......... PL 105-118 Title II.....   597
International Fund for Agricultural 
  Development
 (see IFAD)
International law
 (see Arbitration)
 (see OAS)
 (see U.N.)
International Military Education and 
  Training
 (see also IMET)
 Latin America
  Expanding programs in................. PL 105-118 Sec 584......   651
International Narcotics Control Strategy 
  Report................................ PL 87-195 Sec 489(a)....   142
International Organization for Migration
 Appropriations, 1998................... PL 105-118 Title II.....   606
International organizations
 (see also respective institutions)
 Foreign aid personnel assigned to...... PL 87-195 Sec 628.......   261
 IAEA
  Foreign aid funds prohibition......... PL 105-118 Title IV.....   613
 U.S. voluntary contributions........... PL 99-83 Sec 402........   441
  Report to Congress.................... PL 87-195 Sec 306.......   120
 World Food Program
  Appropriations, 1998.................. PL 105-118 Title IV.....   613
International organizations and programs
 Appropriations, 1998................... PL 105-118 Title IV.....   613
 IFAD
  Transfer of funds appropriated........ PL 105-118 Title II.....   597
 Limitation of funds appropriated....... PL 105-118 Sec 516......   620
International Private Investment 
  Advisory Council on Foreign Aid....... PL 87-195 Sec 601(c)....   217
International Scientific and 
  Technological Cooperation, Council on. PL 96-53 Sec 407........   529
International Security and Development 
  Assistance Authorizations Act of 1983. PL 98-151 Sec 101(b)(2).   488
International Security and Development 
  Cooperation Act of 1980............... PL 96-533...............   510
International Security and Development 
  Cooperation Act of 1981............... PL 97-113...............   492
International Security and Development 
  Cooperation Act of 1985............... PL 99-83................   430
International Security Assistance Act of 
  1977.................................. PL 95-92................   548
International Security Assistance Act of 
  1978.................................. PL 95-384...............   540
International Security Assistance Act of 
  1979.................................. PL 96-92................   522
International Security Assistance and 
  Arms Export Control Act of 1976....... PL 94-329...............   551
International University for the 
  Americas.............................. PL 102-549 Sec 604......   420
Investment
 Defined................................ PL 87-195 Sec 238(a)....    98
 Foreign resistance to
  Foreign aid cut-off................... PL 87-195 Sec 620(l)....   241
 Guaranties
  Disputes.............................. PL 87-195 Sec 635(i)....   271
Investment abroad (private)
 Advisory council on.................... PL 87-195 Sec 601(c)....   217
Iran-U.S. relations
 Foreign aid
  Direct funding prohibition............ PL 105-118 Sec 507......   616
  Indirect funding prohibition.......... PL 105-118 Sec 523......   623
Iraq
 U.N. sanctions against
  Countries not in compliance........... PL 105-118 Sec 534......   627
Iraq Sanctions Act of 1990.............. PL 101-513 Sec 586......   691
Iraq-U.S. relations
 Foreign aid
  Direct funding prohibition............ PL 105-118 Sec 507......   616
  Indirect funding prohibition.......... PL 105-118 Sec 523......   623
Ireland, International Fund for
 Appropriations, 1998................... PL 105-118 Title II.....   601
Israel
 Economic conditions
  Impact on foreign debt................ PL 99-83 Sec 1205.......   482
Israel-Egypt relations
 Peace process.......................... PL 99-83 Sec 1206.......   483
Israel-U.S. relations
 Air base construction.................. PL 87-195 Sec 561.......   211
 Arab League boycott
  Sense of Congress..................... PL 105-118 Sec 541......   630
 Arms sales............................. PL 99-83 Sec 101(c).....   430
                                         PL 91-672 Sec 5.........   576
  Advanced weapons systems.............. PL 105-118 Title III....   609
  Grants................................ PL 105-118 Title III....   609
 Desalting plant........................ PL 87-195 Sec 219.......    63
 Economic Support Fund.................. PL 99-83 Sec 202........   437
  Annual appropriation.................. PL 105-118 Sec 517......   620
 Loan guarantees........................ PL 87-195 Sec 226.......    74
  Fiscal year allocations............... PL 87-195 Sec 226(b) 74.
  Limitations on amount................. PL 87-195 Sec 226(d)....    75
  Report to Congress.................... PL 87-195 Sec 226(k)....    77
 Peace negotiations..................... PL 95-384 Sec 28........   543
Italy-U.S. relations
 Disaster assistance
  Authorization of appropriations....... PL 87-195 Sec 495B......   152

                                   J

Jamaica-U.S. relations
 Economic Support Fund
  Aid contingent on drug control........ PL 99-83 Sec 610........   446
Japan-U.S. relations
 Standardization agreements............. PL 90-629 Sec 21(g).....   323
Javits reports
 Arms sales
  Annual estimate and justification..... PL 90-629 Sec 25........   335
Jobs Through Exports Act of 1992........ PL 102-549..............   413
Jobs Through Trade Expansion Act of 1994 PL 103-392..............   411
Jordan-U.S. relations
 Arms sales............................. PL 99-83 Sec 130........   433
  Grants................................ PL 105-118 Title III....   609
 Debt relief
  Appropriations, 1994.................. PL 103-306 Title VI.....   677
 Foreign aid............................ PL 96-533 Sec 712.......   519
 Middle East peace...................... PL 99-83 Sec 130........   433

                                   K

Korea (Republic of)-U.S. relations
 Armed forces modernization............. PL 95-384 Sec 23........   541
 Cooperation in U.S. investigations..... PL 95-92 Sec 28.........   550
 Defense articles transferred........... PL 91-652 Sec 3-4.......   574
 Democratization........................ PL 99-83 Sec 908........   481
 Human rights........................... PL 94-329 Sec 412.......   554
 Troop withdrawal....................... PL 95-384 Sec 23........   541
Korean Peninsula Energy Development 
  Organization (KEDO)
 Foreign aid funds prohibition.......... PL 105-118 Title IV.....   613
 Foreign aid, 1998...................... PL 105-118 Title II.....   607

                                   L

Land mines
 Use of
  Moratorium on......................... PL 104-107 Sec 580......   671
Language requirements
 Foreign aid personnel.................. PL 87-195 Sec 625(i)....   260
Laos
 Agreement and Protocol on (1973)....... PL 93-189 Sec 34........   568
Latin America
 (see also Alliance for Progress)
 Development
  (see Alliance for Progress)
 Drug control
  Transfer of funds appropriated........ PL 101-167 Sec 569(d)...   700
 Education
  (see Education)
 Foreign debt
  Report to Congress.................... PL 99-83 Sec 719........   461
 OAS
  (see OAS)
Latin America-U.S. relations
 Administration of justice
  Economic Support Fund assistance...... PL 87-195 Sec 534.......   204
 IMET
  Latin America......................... PL 105-118 Sec 584......   651
 Trade
  United States Commercial Centers...... PL 102-549 Sec 401......   416
Latin America-U.S.relations
 Debt relief
  Appropriations, 1998.................. PL 105-118 Title II.....   598
Latvia-U.S. relations
 Arms sales
  Foreign aid, 1998..................... PL 105-118 Title III....   610
Lavi aircraft
 FMS loans for.......................... PL 99-83 Sec 101(c).....   430
LDCs
 (see Less-developed countries)
Leasing
 Defense equipment
  Excess defense articles............... PL 90-629 Sec 61........   384
  Presidential authority................ PL 90-629 Sec 61........   384
  Report to Congress.................... PL 90-629 Sec 61........   384
                                         PL 90-629 Sec 62........   386
  Waiver of costs....................... PL 90-629 Sec 61........   384
 Strategic and critical materials
  Restrictions on....................... PL 90-629 Sec 65(d).....   388
Lebanon-U.S. relations
 Civil strife
  Sense of Congress..................... PL 94-329 Sec 410.......   554
 Foreign aid............................ PL 87-195 Sec 495C......   153
                                         PL 87-195 Sec 495J......   157
 Resolution of crisis................... PL 97-113 Sec 715.......   497
Legislative Reorganization Acts (1946 & 
  1970)
 Foreign affairs oversight.............. PL 92-226 Sec 407.......   573
Lending institutions
 (see MDBs)
Less-developed countries
 (see also Africa)
 (see also Latin America)
 Agricultural commodity imports
  (see Agricultural commodity sales)
 Arms control
  Limiting conventional weapons......... PL 99-83 Sec 129........   432
 Arms sales to (U.S.)................... PL 90-629 Sec 1.........   305
                                         PL 90-629 Sec 35........   348
  Sophisticated weapons................. PL 90-629 Sec 4.........   317
 Foreign aid
  Agricultural programs................. PL 87-195 Sec 222A......    66
Liberia-U.S. relations
 Foreign aid
  Conditions for........................ PL 99-83 Sec 807........   476
  Notification requirements............. PL 105-118 Sec 520......   621
Libya
 Countries violating UN Sanctions 
   against
  Withholding U.S. assistance........... PL 105-118 Sec 582......   650
Libya-U.S. relations
 Foreign aid
  Direct funding prohibition............ PL 105-118 Sec 507......   616
  Indirect funding prohibition.......... PL 105-118 Sec 523......   623
 Imports and exports
  Prohibition on........................ PL 99-83 Sec 504........   442
 Terrorism.............................. PL 97-113 Sec 718.......   499
Lithuania-U.S. relations
 Arms sales
  Foreign aid, 1998..................... PL 105-118 Title III....   610
Locust plagues
 Africa
  Foreign aid........................... PL 95-424 Sec 120.......   537
Lodge Commission
 Negotiations to implement.............. PL 92-226 Sec 410.......   573
Loyalty
 (see also Nationality)

                                   M

MDBs
 Development aid........................ PL 87-195 Sec 209.......    61
 Environment
  Report to Congress.................... PL 102-391 Sec 532(c)...   680
 Environmental concerns
  Promoting U.S. policies............... PL 101-513 Sec 533......   688
 U.S. contributions to.................. PL 105-118 Title IV.....   611
Mediation
 (see also Arbitration)
Mediterranean (Eastern)-U.S. relations
 Military balance maintenance........... PL 101-167 Sec 573(e)...   701
Merchant marine (U.S.)
 Defense articles shipped by............ PL 87-195 Sec 603.......   218
 Differential in rates
  Foreign aid........................... PL 87-195 Sec 640C......   280
 Fresh fruit shipped by................. PL 87-195 Sec 603.......   219
Mexican Debt Disclosure Act of 1995..... PL 104-6 Title IV.......   672
Mexico-U.S. relations
 Economic policies
  Findings of Congress.................. PL 104-6 Sec 401........   672
  Report to Congress.................... PL 104-6 Sec 403-404....   673
 Facilitating international trade....... PL 99-83 Sec 717........   460
 Loans, credits, guarantees, and 
   currency swaps
  Presidential certification............ PL 104-6 Sec 406........   675
 Prisoners in Mexico.................... PL 94-329 Sec 408.......   533
MIAs
 (see also Indochina War)
 Laotian Agreement and Protocol......... PL 93-189 Sec 34........   568
 Vietnam
  Accounting of......................... PL 95-88 Sec 132(b).....   545
Middle East
 (see also Israel-U.S. relations)
 Aid to Egypt and Israel
  International efforts................. PL 94-161 Sec 322.......   560
 Foreign Assistance
  Appropriations, 1998.................. PL 105-118 Sec 586......   652
 Peace efforts.......................... PL 96-533 Sec 711.......   519
                                         PL 95-384 Sec 28........   543
 Science and technology cooperative
  Sense of Congress..................... PL 99-83 Sec 202........   437
 U.S. relations with
  Arms shipments to..................... PL 91-672 Sec 5.........   576
Middle East Peace and Stability Fund
 ESF
  Appropriations, 1998.................. PL 105-118 Title II.....   600
Military (foreign)
 Civic action........................... PL 87-195 Sec 502.......   177
Military (U.S.)
 (see also Mutual defense)
 Stationed abroad
  Hostilities against................... PL 90-629 Sec 21(c)(2)..   320
Military aid (U.S.)
 (see also Arms sales)
 (see also Economic Support Fund)
 (see also Mutual defense)
 ACDA
  Coordinating assistance decisions..... PL 87-195 Sec 511.......   191
 Administrative costs
  Appropriations, 1998.................. PL 105-118 Title III....   611
 Allocation changes..................... PL 87-195 Sec 653.......   285
 Appropriations, 1995................... PL 103-306 Title III....   676
 Appropriations, 1998................... PL 105-118 Title III....   608
 Consolidation of accounts.............. PL 87-195 Sec 610.......   228
 Counterpart funds...................... PL 93-189 Sec 40........   571
 Defense articles
  Authorization of appropriations....... PL 87-195 Sec 504.......   184
  Loans of.............................. PL 87-195 Sec 503-504...   182
  Procurement........................... PL 87-195 Sec 605.......   221
  Repair of............................. PL 90-629 Sec 21(l).....   326
  Return of............................. PL 90-629 Sec 21(m).....   327
 Discrimination in providing assistance. PL 87-195 Sec 505(g)....   187
 Eastern Mediterranean.................. PL 87-195 Sec 620C......   246
 Education and training................. PL 87-195 Sec 541-543...   206
                                         PL 94-329 Sec 106.......   551
  Appropriations, 1998.................. PL 105-118 Title III....   608
  Authorization of appropriations....... PL 87-195 Sec 542.......   207
  Maritime skills....................... PL 87-195 Sec 545.......   209
 Education and training programs
  Exchange students..................... PL 87-195 Sec 544.......   208
 El Salvador............................ PL 101-513 Sec 531......   684
 Eligibility
  Conditions of......................... PL 87-195 Sec 505.......   184
 Emergency authority.................... PL 87-195 Sec 506.......   188
 Excess defense articles
  Authority limitations................. PL 87-195 Sec 516(b)....   196
  Limitations on........................ PL 87-195 Sec 516(b)....   196
  Notification to Congress.............. PL 87-195 Sec 516(f)....   198
 Exchanged for strategic raw materials.. PL 87-195 Sec 663.......   293
 Foreign Military Financing Program
  Appropriations, 1998.................. PL 105-118 Title III....   609
  Greece................................ PL 105-118 Title III....   610
  Israel................................ PL 105-118 Title III....   609
  Turkey................................ PL 105-118 Title III....   610
 Foreign military sales
  Refinancing........................... PL 100-202 Title III....   708
 Grant assistance
  Prohibition on........................ PL 87-195 Sec 546.......   209
 Guatemala
  Prohibitions against.................. PL 105-118 Title III....   611
 Hostile countries
  Mutual defense against................ PL 87-195 Sec 501.......   176
 IMET
  Appropriations, 1998.................. PL 105-118 Title III....   608
 Liberia
  Prohibitions against.................. PL 105-118 Title III....   610
 Military assistance advisory groups
  Restrictions.......................... PL 87-195 Sec 515.......   194
 Military personnel assigned abroad
  Restrictions.......................... PL 87-195 Sec 515.......   194
 NATO
  Excess defense articles............... PL 87-195 Sec 516.......   195
  Standardization agreements............ PL 90-629 Sec 21(g).....   323
 Policy................................. PL 87-195 Sec 501.......   176
 Procurement of defense articles and 
   services
  Financing of.......................... PL 105-118 Title III....   611
 SDAF
  Limitation, 1995...................... PL 103-306 Title III....   676
 Secretary of Defense................... PL 87-195 Sec 623.......   257
 Security assistance surveys............ PL 90-629 Sec 26........   338
 Stock-piling for foreign countries
  Authority to transfer................. PL 87-195 Sec 514.......   192
 Sudan
  Prohibitions against.................. PL 105-118 Title III....   610
 Termination of
  Presidential action................... PL 87-195 Sec 505(c)....   185
  Presidential determination............ PL 87-195 Sec 505(b)....   185
 Turkey................................. PL 99-83 Sec 101(f).....   432
Military bases abroad
 (see Military (U.S.), stationed abroad)
Military equipment (U.S.)
 Commercial leasing of.................. PL 105-118 Sec 528......   624
 Land mines
  Removal of............................ PL 105-118 Sec 554......   635
 Missiles and missile technology
  Export controls....................... PL 90-629 Sec 71........   389
  Transfer of........................... PL 90-629 Sec 71........   389
  United States Munitions List.......... PL 90-629 Sec 71........   389
 Transfer to drug producing countries... PL 101-167 Sec 573......   700
 Transfer to NATO members............... PL 90-629 Sec 91........   399
  Definitions........................... PL 90-629 Sec 95........   401
 Transfer to NATO southern flank 
   countries............................ PL 101-167 Sec 573......   700
 United States Munitions List
  Export controls....................... PL 90-629 Sec 71........   389
Military equipment
 Terrorist countries receiving
  Prohibitions.......................... PL 87-195 Sec 620H......   254
 Uranium ammunition
  Restrictions on....................... PL 87-195 Sec 620G......   253
Military sales
 (see Arms sales)
Minorities
 Economic Support Fund
  Minority set aside.................... PL 99-83 Sec 315........   441
Minority Resource Center................ PL 98-151 Sec 101(b)(2).   489
                                         PL 95-88 Sec 133(c).....   546
Missile Technology Control Regime
 Foreign country adherents
  Report to Congress.................... PL 90-629 Sec 73A.......   394
Missile Technology Control Regime Annex
 Export controls
  Presidential sanctions................ PL 90-629 Sec 72-73.....   390
 Foreign persons
  Export controls....................... PL 90-629 Sec 73........   391
 U.S. persons
  Export controls....................... PL 90-629 Sec 72........   390
Missiles
 (see Military equipment (U.S.)
Missiles and missile technology
 Definitions............................ PL 90-629 Sec 74........   394
Missing-in-action
 (see MIAs)
Mozambique-U.S. relations
 Foreign aid
  Conditions for........................ PL 99-83 Sec 813........   477
Multilateral organizations
 (see International organizations)
Mutual defense
 Arms sales............................. PL 90-629 Sec 4.........   317
 Foreign aid effect on.................. PL 87-195 Sec 650.......   285
Mutual Educational and Cultural Exchange 
  Act of 1961
 (see also Educational and cultural 
   exchange)

                                   N

Narcotics
 (see Drug control)
Nargono-Karabakh
 Reconstruction and remedial activities
  Appropriations, 1998.................. PL 105-118 Title II.....   604
National commitments
 Foreign aid............................ PL 87-195 Sec 650.......   285
National security
 (see also National Security Council)
 Global problems affecting.............. PL 97-113 Sec 710.......   496
Nationality
 (see also Refugees)
Nationalization of U.S. property
 Cuba
  Foreign aid prohibition............... PL 87-195 Sec 620(a)....   236
 Foreign aid cut-off.................... PL 87-195 Sec 
                                          620(e)(1)(A)...........   237
 Hickenlooper Amendment................. PL 87-195 Sec 620(e)(1).   237
Nationalizations
 (see also Foreign claims)
 OPIC insurance against................. PL 87-195 Sec 
                                          234(a)(1)(B)...........    84
 U.S. policy............................ PL 87-195 Sec 601(b)(6).   217
NATO
 Cooperative research and development 
   programs
  Lending materials, supplies, and 
   equipment............................ PL 90-629 Sec 65........   388
 Czech Republic
  Integration into...................... PL 105-118 Title III....   610
 Hungary
  Integration into...................... PL 105-118 Title III....   610
 Military aid (U.S.)
  Standardization agreements............ PL 90-629 Sec 21(g).....   323
 Poland
  Integration into...................... PL 105-118 Title III....   610
 Southern flank
  Military aid (U.S.)................... PL 87-195 Sec 516.......   195
 U.S. military aid
  Excess defense articles............... PL 87-195 Sec 516.......   195
NATO/CFE countries
 Arms sales (U.S.)...................... PL 90-629 Sec 92........   400
Natural resources
 Conservation of
  Foreign aid........................... PL 87-195 Sec 117.......    46
 Developing countries
  Foreign aid........................... PL 87-195 Sec 117 46....
 Tropical forests
  Foreign aid........................... PL 87-195 Sec 118.......    47
New Zealand-U.S. relations
 Standardization agreements............. PL 90-629 Sec 21(g).....   323
Nicaragua-U.S. relations
 Conflict resolution.................... PL 99-83 Sec 722(c).....   464
 Contadora Agreement
  Aid in implementing................... PL 99-83 Sec 722(h).....   468
 Findings and policy of Congress........ PL 99-83 Sec 722........   462
 Foreign aid
  Disaster assistance................... PL 87-195 Sec 494.......   151
 Foreign aid used against government
  Limitations on........................ PL 99-83 Sec 722(e).....   468
 Military aid
  Prohibited............................ PL 96-533 Sec 119.......   512
 Military or paramilitary activities 
   assistance
  Prohibiting........................... PL 99-83 Sec 722(d).....   467
 Nicaraguan foreign and domestic 
   policies............................. PL 99-83 Sec 722(b).....   463
 Reports to Congress.................... PL 99-83 Sec 722(j).....   469
 U.S. aid............................... PL 97-113 Sec 724.......   502
 U.S. policies toward................... PL 99-83 Sec 722(i).....   469
Nicaraguan Democratic Resistance
 Humanitarian assistance................ PL 99-83 Sec 722(g).....   468
Nongovernmental organizations
 Channeling foreign aid through......... PL 99-83 Sec 311........   440
 Foreign aid in support of.............. PL 105-118 Sec 542......   631
Nonproliferation and Disarmament Fund
 Appropriations, 1998................... PL 105-118 Title II.....   607
Nonproliferation of nuclear weapons
 (see Nuclear weapons, nonproliferation)
North American Development Bank
 Appropriations, 1998................... PL 105-118 Title IV.....   613
North Atlantic Treaty Organization
 (see NATO)
North Korea-U.S. relations
 Foreign aid
  Direct funding prohibition............ PL 105-118 Sec 507......   616
  Indirect funding prohibition.......... PL 105-118 Sec 523......   623
 Military forces
  Report to Congress.................... PL 104-208 Sec 585......   669
North Vietnam-U.S. relations
 (see also Indochina War)
Nuclear detonation
 U.S. foreign policy.................... PL 97-113 Sec 737.......   509
Nuclear exports
 Foreign aid funds prohibition.......... PL 105-118 Sec 506......   615
Nuclear facilities
 Economic Support Fund
  Restrictions on....................... PL 99-83 Sec 207........   439
 Report to Congress..................... PL 97-113 Sec 735.......   508
Nuclear non-proliferation
 Uranium
  Export of............................. PL 96-533 Sec 110.......   511
Nuclear nonproliferation
 Controls
  Foreign aid........................... PL 90-629 Sec 101.......   402
 Enrichment transfers
  Foreign aid prohibition............... PL 90-629 Sec 101.......   402
 Reprocessing transfers
  Foreign aid prohibition............... PL 90-629 Sec 102.......   403
Nuclear transfers
 U.S. foreign policy.................... PL 97-113 Sec 737.......   509
Nuclear weapons, non-proliferation
 South Asia
  Findings of Congress.................. PL 87-195 Sec 620F......   252
  Report to Congress.................... PL 87-195 Sec 620F(c)...   253
  Sense of Congress..................... PL 87-195 Sec 620F......   252

                                   O

OAS
 Military forces
  Establishment of...................... PL 87-195 Sec 501.......   176
Oaths of allegiance
 (see Loyalty)
Obligations (U.S.)
 Definitions and applications........... 31 USC 1551.............   717
 Documentary evidence requirements...... 31 USC 1501.............   716
OECD
 Development Assistance Committee....... PL 87-195 Sec 631(c)....   263
Offset agreements
 Arms sales
  Incentive payments prohibition........ PL 90-629 Sec 39A.......   368
 Incentive payments
  Prohibition on........................ PL 90-629 Sec 39A.......   368
Okinawa
 Chemical munitions
  Transfer to U.S....................... PL 91-672 Sec 13........   578
Olympic games
 Boycott of............................. PL 96-533 Sec 718.......   521
Operation Desert Storm
 (see also Persian Gulf conflict)
 (see also Persian Gulf War)
OPIC
 Agricultural credit and assistance 
   programs............................. PL 87-195 Sec 222A(f)...    67
 Applicability of U.S. Code............. PL 87-195 Sec 239(c)....   100
 Board of directors..................... PL 87-195 Sec 233(b)....    83
 Capital stock.......................... PL 87-195 Sec 232.......    82
 Creation, purpose and policy........... PL 87-195 Sec 231.......    78
 Developing countries
  U.S. small business participation..... S 2757 Sec 109..........   422
 Direct investment...................... PL 87-195 Sec 234(c)....    86
 Equity financing program............... PL 87-195 Sec 234(g)....    88
  Annual congressional consultation..... PL 87-195 Sec 234(g)(6).    90
  Limitations on........................ PL 87-195 Sec 234(g)(2).    89
 Exports
  Insurance guaranty program............ PL 87-195 Sec 240B......   105
 Functions.............................. PL 87-195 Sec 234.......    84
 Fund for acquisition equity
  Creation of........................... PL 87-195 Sec 234(c)....    86
 General provisions and powers.......... PL 87-195 Sec 239.......    99
 Guaranties of loans.................... PL 87-195 Sec 234(b)....    86
                                         PL 87-195 Sec 237.......    95
 Human rights........................... PL 87-195 Sec 239(i)....   102
 Impact of guarantees on employment..... PL 87-195 Sec 231.......    78
 Income and revenues.................... PL 87-195 Sec 236.......    94
 Insurance.............................. PL 87-195 Sec 234(a)....    84
  Other functions....................... PL 87-195 Sec 234(f)....    87
 Insurance guaranty program............. PL 87-195 Sec 237.......    95
  Awarding contracts.................... PL 87-195 Sec 240B......   105
 Insurance Reserve and the Guaranty 
   Reserve.............................. PL 87-195 Sec 235(c)....    93
 Investment guarantees
  Liabilities........................... PL 87-195 Sec 235.......    91
 Investment insurance
  Liabilities........................... PL 87-195 Sec 235.......    91
 Investment insurance programs.......... PL 87-195 Sec 234.......    84
 Legal capacity......................... PL 87-195 Sec 239(d)....   100
 Officers............................... PL 87-195 Sec 233(d)....    84
 Organization........................... PL 87-195 Sec 233.......    82
 Overseas Private Investment Corporation 
   Amendments Act of 1988............... S 2757..................   422
 Political risk insurance
  Enhancement of........................ PL 87-195 Sec 234A......    90
 Predecessor authority transferred...... PL 87-195 Sec 235.......    91
 President of........................... PL 87-195 Sec 233(c)....    83
 Private insurance companies............ PL 87-195 Sec 234.......    84
 Private investment opportunities
  Surveys............................... PL 87-195 Sec 234(d)....    87
 Programs in Haiti
  Prohibitions on....................... S 2757 Sec 111..........   422
 Reports to Congress.................... PL 87-195 Sec 240A......   103
 Staff.................................. PL 87-195 Sec 233(d)....    84
 Tax exempt status...................... PL 87-195 Sec 239(j)....   103
 Technical assistance................... PL 87-195 Sec 234(e)....    87
 U.S. small business participation...... PL 87-195 Sec 240.......   103
 U.S. Trade Representative
  Reports to Congress................... PL 87-195 Sec 240B(b)...   105
 Workers rights......................... PL 87-195 Sec 231A......    81
Organization for Economic Cooperation 
  and Development
 (see OECD)
Organization of American States
 (see OAS)
Overseas Contingency Operations Transfer 
  Fund
 Supplemental appropriations, 1997...... PL 105-18 Title I.......   662
Overseas Private Investment Corporation
 (see OPIC)

                                   P

Pakistan-U.S. relations
 Disaster assistance.................... PL 87-195 Sec 494.......   151
 Foreign aid............................ PL 87-195 Sec 620E......   249
  Notification requirements............. PL 105-118 Sec 520......   621
Palestine
 (see also PLO)
Palestine Authority-U.S. relations
 Restrictions........................... PL 105-118 Sec 555......   636
Palestinian Authority-U.S. relations
 Foreign aid
  Limitations on........................ PL 105-118 Sec 566......   642
Panama-U.S. relations
 Arms sales
  Eligibility........................... PL 104-164 Sec 154......   410
 Foreign aid
  Notification requirements............. PL 105-118 Sec 520......   621
Paraguay-U.S. relations
 Military aid........................... PL 99-83 Sec 706........   456
Partnership for Peace
 Excess defense articles
  Transportation funds.................. PL 104-164 Sec 105......   408
Partnership for Peace Program
 Non-NATO countries
  Foreign aid restrictions.............. PL 105-118 Title III....   610
Patents
 Foreign aid
  Claims................................ PL 87-195 Sec 606.......   222
Peace Corps
 (see also Foreign Service)
 Appropriations, 1998................... PL 105-118 Title II.....   605
 Authorization of appropriations, 1984.. PL 98-151 Sec 101(b)(2).   488
Peacekeeping operations
 Appropriations, 1998................... PL 105-118 Title III....   611
 Authorization of appropriations........ PL 87-195 Sec 552.......   209
 General authority...................... PL 87-195 Sec 551.......   209
Persian Gulf
 Stinger missiles
  Prohibition on........................ PL 105-118 Sec 530......   624
  Restrictions on....................... PL 101-167 Sec 581......   703
Peru-U.S. relations
 Foreign aid
  Conditions for........................ PL 99-83 Sec 612........   447
  Notification requirements............. PL 105-118 Sec 520......   622
 Human rights........................... PL 99-83 Sec 707........   457
Philippines-U.S. relations
 Foreign aid
  Tied to U.S. security interests....... PL 99-83 Sec 901........   478
PL 480
 (see Agricultural Trade Development and 
   Assistance Act of 1954)
PLO
 Conditions for U.S. recognition........ PL 99-83 Sec 1302.......   483
 West Bank and Gaza assistance
  Foreign aid funds restriction......... PL 105-118 Sec 552......   634
Poland
 Integration into NATO
  Appropriations, 1998.................. PL 105-118 Title III....   610
Poland-U.S. relations
 Arms sales
  Foreign aid, 1998..................... PL 105-118 Title III....   610
  Grants................................ PL 105-118 Title III....   610
 Humanitarian assistance................ PL 97-113 Sec 502.......   494
                                         PL 97-113 Sec 708.......   495
 OPIC
  Presidential determination............ PL 87-195 Sec 239(f)....   102
 Polish currency
  Use of................................ PL 97-113 Sec 709.......   496
 Trade Credit Insurance Program......... PL 87-195 Sec 225.......    72
Police training
 El Salvador
  Foreign aid for....................... PL 87-195 Sec 660(d)....   290
 Foreign aid for........................ PL 87-195 Sec 660.......   288
 Honduras
  Foreign aid for....................... PL 87-195 Sec 660(d)....   290
Political prisoners
 U.S. aid cut-off....................... PL 93-189 Sec 32........   568
Political tests
 (see Loyalty)
Population growth
 Abortions
  Foreign aid funds prohibition......... PL 105-118 Title II.....   596
 Foreign aid............................ PL 87-195 Sec 104.......    28
 Involuntary sterilization
  Foreign aid funds prohibition......... PL 105-118 Sec 518......   621
 Planning
  Foreign aid authorization, 1998....... PL 105-118 Sec 592......   654
Portugal
 Economic conditions
  Impact on foreign debt................ PL 99-83 Sec 1205.......   482
Portugal-U.S. relations
 Economic Support Fund.................. PL 99-83 Sec 204........   439
 Food aid............................... PL 94-329 Sec 409.......   533
 Portuguese African colonies............ PL 93-559 Sec 50........   563
Poverty
 Developing countries
  Capital projects to eliminate......... PL 102-549 Sec 303......   415
POWs
 Indochina War
  Laotian Agreement and Protocol........ PL 93-189 Sec 34........   568
President
 (see also Reports to Congress)
 Drug control
  Certification procedures.............. PL 87-195 Sec 490.......   146
 Foreign aid programs
  Suspension of......................... PL 87-195 Sec 620.......   235
 Loans, credits, and guarantees to 
   Mexico
  Certification procedures.............. PL 104-6 Sec 406........   675
 Notice to Congress
  Designation of non-NATO allies........ PL 87-195 Sec 517.......   199
  Transfer of excess defense articles... PL 87-195 Sec 516(f)....   198
 Sanctions against Montenegro
  Certification......................... PL 104-208 Sec 540......   665
 Sanctions against Serbia
  Certification......................... PL 104-208 Sec 540......   665
Presidential Task Force on Project 
  Justice............................... PL 99-83 Sec 713........   458
Prisoners of war
 (see POWs)
Private and voluntary organizations
 (see PVOs)
Private enterprise
 (see also Nationalizations)
 (see also OPIC)
 Arms sales guarantees.................. PL 90-629 Sec 24........   333
 Foreign aid
  Loan guarantees....................... PL 87-195 Sec 108(i)....    40
  Private Sector Revolving Fund......... PL 87-195 Sec 108.......    37
Private Sector Revolving Fund........... PL 87-195 Sec 108.......    37
Propaganda (U.S.)
 Prohibiting use of funds for........... PL 105-118 Sec 545......   632
Propaganda
 (see also Lobbying)
Property abroad (U.S.)
 Destruction of
  Foreign aid cut-off................... PL 87-195 Sec 620(j)....   240
Publicity
 (see Lobbying)
Puerto Rico
 Caribbean Development Bank membership.. PL 93-559 Sec 52........   564
PVOs
 Agricultural credit and assistance 
   programs............................. PL 87-195 Sec 222A......    66
 Assisting in development
  Foreign aid........................... PL 87-195 Sec 123.......    54
 Assisting in development and relief
  Foreign aid funds..................... PL 87-195 Sec 123(b)....    55
 Auditing documentation
  Foreign aid funds contingency......... PL 105-118 Sec 549......   633
 Less-developed countries
  Agricultural programs................. PL 87-195 Sec 222A......    66
 Requirements for documentation and 
   registration......................... PL 105-118 Sec 549......   633

                                   R

Refugee assistance
 Administrative expenses
  Appropriations, 1998.................. PL 105-118 Title II.....   606
 Appropriations, 1998................... PL 105-118 Title II.....   606
 Honduras............................... PL 99-83 Sec 704........   455
 Office of Refugee Resettlement
  Appropriations, 1998.................. PL 105-118 Title II.....   606
 Palestinians
  Limitation on......................... PL 87-195 Sec 301(c)....   114
Refugees
 Africa
  Humanitarian assistance............... PL 87-195 Sec 495F......   154
 Categories of aliens
  Establishment of...................... PL 101-167 Sec 599D.....   704
 Chile
  Rights of............................. PL 93-189 Sec 35........   569
 Cuba................................... PL 96-533 Sec 715.......   520
 El Salvador
  Humanitarian assistance............... PL 87-195 Sec 495I......   156
  Sense of Congress..................... PL 97-113 Sec 731.......   508
 Haiti.................................. PL 97-113 Sec 721.......   501
 Haiti-U.S. relations
  Illegal immigration................... PL 99-83 Sec 705(d).....   456
 Resettling in Israel
  Appropriations, 1998.................. PL 105-118 Title II.....   606
 Southeast Asia
  Sense of Congress..................... PL 96-53 Sec 509........   534
 U.S. Emergency Refugee and Migration 
   Assistance Fund
  Appropriations, 1998.................. PL 105-118 Title II.....   606
Religious freedom
 Sense of Congress...................... PL 88-633 Sec 501.......   590
Reports to Congress
 Africa-U.S. relations
  Arms sales............................ PL 90-629 Sec 33........   347
 African Development Foundation......... PL 95-424 Sec 122.......   537
 AID
  Budget submission..................... PL 102-391 Sec 599E.....   683
 Aid for Latin America and the Caribbean PL 99-83 Sec 709........   457
 Arms sales............................. PL 90-629 Sec 4.........   317
                                         PL 90-629 Sec 36........   348
                                         PL 91-672 Sec 8(d)......   577
 Arms sales (commercial)
  Agent fees............................ PL 90-629 Sec 39........   367
 Arms sales (U.S.)...................... PL 90-629 Sec 36(b).....   351
  NATO/CFE countries.................... PL 90-629 Sec 94........   401
  Transfers............................. PL 90-629 Sec 3(d)(3)...   315
 Arms sales
  Annual estimate....................... PL 90-629 Sec 25........   335
  Combat readiness, impact on........... PL 90-629 Sec 21(i).....   325
  Illegal payments...................... PL 94-329 Sec 607.......   557
  Military dictators.................... PL 90-629 Sec 1.........   305
  Training and related support.......... PL 90-629 Sec 30A(d)....   344
  Transfers............................. PL 90-629 Sec 3(d)......   313
  Waivers............................... PL 90-629 Sec 40(g)(2)..   374
 Asia
  Amerasian children.................... PL 99-83 Sec 903(b).....   479
 Bosnia
  Cost of U.S. military activities in... PL 105-18 Sec 105.......   662
 Burma.................................. PL 104-208 Sec 570(d)...   667
 Classification of...................... PL 87-195 Sec 634B......   270
 Coal
  Federal Coal Export Commission........ PL 99-83 Sec 1304(f)....   487
 Commercial Service Officers
  Increase in........................... PL 102-549 Sec 701......   420
 Contingency fund
  Authorization of appropriations....... PL 87-195 Sec 451(a)(2).   123
 Cyprus
  Negotiations with Turkey.............. PL 87-195 Sec 620(x)(2).   244
  Resolution of conflict................ PL 87-195 Sec 620C(c)...   248
 Defense equipment
  Leasing of............................ PL 90-629 Sec 62........   386
 Defense equipment leasing
  Waiver of costs....................... PL 90-629 Sec 61........   384
 Deobligating and reobligating foreign 
   aid
  Prior notification.................... PL 87-195 Note..........    22
 Developing countries
  Capital projects...................... PL 102-549 Sec 302(c)...   414
                                         PL 102-549 Sec 305......   415
 Discrimination
  Aid suspension........................ PL 87-195 Sec 505(g)....   187
  Arms sales suspension................. PL 90-629 Sec 5.........   317
 Drug control........................... PL 87-195 Sec 481.......   129
 Egypt
  Economic conditions................... PL 99-83 Sec 1205.......   482
 El Salvador............................ PL 97-113 Sec 729.......   507
 Endangered species..................... PL 87-195 Sec 119(h)....    52
 Enterprise for the Americas
  Americas Framework Agreement.......... PL 87-195 Sec 710.......    31
 Excess defense articles
  Transfer of........................... PL 87-195 Sec 516(f)....   198
 Food aid............................... PL 87-195 Sec 300.......   113
  Long-term agricultural commodity 
   agreements........................... PL 99-83 Sec 1008.......   482
 Food shortage.......................... PL 93-559 Sec 55........   565
 Foreign aid............................ PL 87-195 Sec 620(f)....   239
                                         PL 87-195 Sec 634.......   266
                                         PL 87-195 Sec 654.......   287
                                         PL 97-113 Sec 722.......   501
  Allocation changes.................... PL 87-195 Sec 653(a)....   285
  Countries in default.................. PL 87-195 Sec 620(q)....   242
  Cut-offs for defaults................. PL 87-195 Sec 620(u)....   243
  Drug control.......................... PL 87-195 Sec 489.......   142
                                         PL 87-195 Sec 489(b)....   145
  Economic and social growth in 
   countries receiving.................. PL 104-107 Sec 574......   670
  International organizations........... PL 87-195 Sec 301.......   113
  Limit on transfers of funds........... PL 87-195 Note..........    22
  Presidential certification............ PL 87-195 Sec 614(c)....   234
  Presidential discretion............... PL 87-195 Sec 614.......   232
  Prior notification.................... PL 87-195 Note..........    24
  Soviet Union (former), independent 
   states of............................ PL 87-195 Sec 498(A)(c).   168
  Sub-Saharan Africa.................... PL 101-513 Sec 562(c)...   690
 Foreign aid reprogramming
  Prior notification.................... PL 87-195 Note..........    23
 Foreign military budgets............... PL 87-195 Sec 620(s)(2).   242
 Governments (foreign)
  Debt relief arrangements.............. PL 102-391 Sec 548......   682
 Herbicides used for drug control
  Health effects of..................... PL 87-195 Sec 481(d)(3).   133
 Human rights........................... PL 87-195 Sec 502B(b)...   179
  Children.............................. PL 102-391 Sec 511......   680
  Status of............................. PL 87-195 Sec 116(d)....    45
 International Narcotics Control 
   Strategy Report...................... PL 87-195 Sec 489(a)....   142
 International organizations
  Foreign aid........................... PL 87-195 Sec 306.......   120
 International University for the 
   Americas............................. PL 102-549 Sec 604......   420
 Israel
  Economic conditions................... PL 99-83 Sec 1205.......   482
  Loan guarantees....................... PL 87-195 Sec 226(k)....    77
 Mexico-U.S. relations
  Debt.................................. PL 104-6 Sec 403-404....   673
 Military aid (U.S.).................... PL 87-195 Sec 506(a)....   188
                                         PL 87-195 Sec 655.......   287
 Missile Technology Control Regime
  Foreign country adherents............. PL 90-629 Sec 73A.......   394
 Nicaragua-U.S. relations............... PL 99-83 Sec 722(j).....   469
 North Korea
  Military forces....................... PL 104-208 Sec 585......   669
 Nuclear facilities..................... PL 97-113 Sec 735.......   508
 OPIC................................... PL 87-195 Sec 240A......   103
 Portugal
  Economic conditions................... PL 99-83 Sec 1205.......   482
 Security assistance surveys............ PL 90-629 Sec 26........   338
 South Asia
  Nuclear weapons non-proliferation..... PL 87-195 Sec 620F(c)...   253
 Terrorism related assistance........... PL 99-83 Sec 502........   442
 Terrorism-related assistance........... PL 99-83 Sec 502........   442
 Trade and Development Agency
  Development programs.................. PL 87-195 Sec 661(d)....   291
 Trade Credit Insurance Program......... PL 87-195 Sec 225(h)....    73
 Turkey
  Economic conditions................... PL 99-83 Sec 1205.......   482
 U.N.
  Countries supporting U.S.............. PL 105-118 Sec 563......   641
 U.S. military stationed abroad
  Hostilities against................... PL 90-629 Sec 21(c)(2)..   319
 U.S. Trade Representative
  OPIC.................................. PL 87-195 Sec 240B(b)...   105
 World food situation................... PL 93-189 Sec 39(a)(4)..   571
Reprogramming of funds
 Foreign aid............................ PL 87-195 Sec 634A......   269
Romania-U.S. relations
 Foreign aid............................ PL 87-195 Sec 495D......   153
Russia
 Religious discrimination
  Foreign assistance prohibition........ PL 104-118 Sec 577......   648
Russia-U.S. relations
 Foreign aid
  Restrictions on....................... PL 103-87 Sec 577.......   678

                                   S

Sabbatino Amendment
 Act of state doctrine denied 
   recognition.......................... PL 87-195 Sec 620(e)(2).   238
Sahel Development Program
 Planning............................... PL 87-195 Sec 120.......    52
Sanctions
 Against Burma
  Foreign aid restrictions.............. PL 104-208 Sec 570......   666
 Against countries harboring war 
   criminals............................ PL 105-118 Sec 561......   640
                                         PL 105-118 Sec 573......   644
  Countries defined..................... PL 105-118 Sec 573(g)...   645
 Against countries transferring nuclear 
   devices.............................. PL 90-629 Sec 102(b)....   404
 Against Libya
  Withholding U.S. assistance from 
   countries in violation............... PL 105-118 Sec 582......   650
 Against Montenegro
  Termination of........................ PL 104-208 Sec 540......   665
 Against Serbia
  Termination of........................ PL 104-208 Sec 540......   665
 Chemical or biological weapons
  Export controls....................... PL 90-629 Sec 81........   396
                                         PL 90-629 Sec 81........   396
 Missiles and missile
  Export controls....................... PL 90-629 Sec 73........   391
Saudi Arabia-U.S. relations
 Arms sales
  AWACS................................. PL 99-83 Sec 131........   434
Science and technology
 (see also Technical assistance)
 Middle East
  Cooperative........................... PL 99-83 Sec 202........   437
Scientific and Technological 
  Cooperation, Institute for............ PL 96-53 Sec 401-414....   526
Scientific exchange
 (see Educational and cultural exchange)
SDAF
 Established............................ PL 90-629 Sec 51........   382
 Funds to Close
  Extension of.......................... PL 105-118 Sec 536......   628
 Obligations
  Limitation on......................... PL 103-306 Title III....   676
 Size of................................ PL 97-113 Sec 108(b)....   493
 Use or transfer of items
  Restrictions on....................... PL 90-629 Sec 52........   384
Secondary schools
 (see Educational and cultural exchange)
Security assistance (U.S.)
 (see Military aid (U.S.))
Security investigations
 (see Loyalty)
Security supporting assistance
 (see Economic Support Fund)
Serbia-U.S. relations
 Foreign aid
  Notification requirements............. PL 105-118 Sec 520......   622
Small Business Administration
 Procurement for AID.................... PL 94-329 Sec 602.......   557
Social development
 (see Alliance for Progress)
 (see Human rights)
 (see U.N.)
South Africa-U.S. relations
 Forced relocations
  U.S. policy toward.................... PL 99-83 Sec 803........   474
South Caucasus
 U.S. policy towards.................... PL 105-118 Sec 578......   645
South Vietnam-U.S. relations
 (see also Indochina War)
Southeast Asia
 (see also individual countries)
 (see also Indochina War)
Southern Africa
 Economic Support Fund.................. PL 99-83 Sec 802........   473
Southern Africa Development Coordinating 
  Conference
 Foreign aid............................ PL 87-195 Sec 496(o)....   162
Southern Caucasus region
 Foreign aid, 1998...................... PL 105-118 Title II.....   604
Sovereignty
 (see also Courts, jurisdiction)
Soviet Union (former)
 (see also Commonwealth of Independent 
   States)
 (see also individual countries)
 Threat reduction
  Rescission of funds................... PL 105-18 Title I.......   662
Soviet Union (former)-U.S. relations
 Foreign aid............................ PL 87-195 Sec 498.......   164
  Authorities for assistance............ PL 87-195 Sec 498(B)....   170
  Authorization of appropriations....... PL 87-195 Sec 498(C)....   173
  Criteria for assistance............... PL 87-195 Sec 498(A)....   166
  Presidential determinations........... PL 87-195 Sec 498(A)(b).   167
 Foreign aid, 1997
  Rescission of funds................... PL 105-18 Title I.......   662
 Foreign aid, 1998...................... PL 105-118 Title II.....   602
Soviet Union (former), independent 
  states of
 Foreign aid............................ PL 87-195 Sec 498.......   164
Soviet Union
 U.N. financial obligations............. PL 97-113 Sec 717.......   499
Soviet Union-U.S. relations
 Arms control
  Limiting conventional arms transfers.. PL 99-83 Sec 129........   432
 Biological and chemical weapons........ PL 97-113 Sec 716.......   498
 Olympic games boycott.................. PL 96-533 Sec 718.......   521
Special Defense Acquisition Fund
 (see SDAF)
Special Foreign Assistance Act of 1971.. PL 91-652...............   574
Special Foreign Assistance Act of 1986.. PL 99-529...............   424
Sri Lanka-U.S. relations
 Political settlement of internal 
   differences.......................... PL 99-83 Sec 907........   480
State, Department of
 Congressional oversight................ PL 92-226 Sec 407.......   573
 International narcotics control
  Appropriations, 1998.................. PL 105-118 Title II.....   605
 Personnel
  Assignment to Inter-American 
   Foundation........................... PL 91-175 Sec 401.......   579
State, Secretary of
 Arms sales............................. PL 90-629 Sec 2.........   309
 Drug control assistance
  Coordinating U.S. activities.......... PL 87-195 Sec 481(b)....   131
 Foreign aid administration............. PL 87-195 Sec 622.......   256
 Terrorism-related assistance........... PL 99-83 Sec 502........   442
Stock in financial institutions
 (see Capital stock)
Stockpiling defense articles
 Military aid........................... PL 87-195 Sec 514.......   192
Strategic and critical materials
 Restrictions on leasing................ PL 90-629 Sec 65(d).....   388
Subscriptions in financial institutions
 (see Capital stock)
Sudan-U.S. relations
 Arms sales credits
  Repayment............................. PL 96-92 Sec 17(b)......   522
 Foreign aid
  Conditions for........................ PL 99-83 Sec 806........   476
  Direct funding prohibition............ PL 105-118 Sec 507......   616
  Notification requirements............. PL 105-118 Sec 520......   622
 Military aid........................... PL 96-53 Sec 502........   533
Sugar
 Cuba
  Quota................................. PL 87-195 Sec 620(a)....   236
Support for East European Democracy 
  (SEED)
 Excess defense articles
  Transportation funds.................. PL 104-164 Sec 105......   408
Supporting assistance
 (see Economic Support Fund)
Syria-U.S. relations
 Aid obligation......................... PL 98-151 Sec 101(b)(1).   713
 Foreign aid
  Direct funding prohibition............ PL 105-118 Sec 507......   616
  Indirect funding prohibition.......... PL 105-118 Sec 523......   623

                                   T

Taiwan-U.S. relations
 Defense treaty......................... PL 95-384 Sec 26........   542
 Immigrant visas........................ PL 97-113 Sec 714.......   497
 War reserve material
  Transfer of........................... PL 96-92 Sec 23.........   523
Taxation (U.S.)
 Inter-American Foundation.............. PL 91-175 Sec 401.......   579
Taxation
 Discriminatory
  Foreign aid cut-off................... PL 87-195 Sec 
                                          620(e)(1)(C)...........   237
Technical assistance
 (see also Peace Corps)
 OPIC................................... PL 87-195 Sec 234(e)....    87
Technology transfer
 National security impact............... PL 95-92 Sec 24.........   549
Terrorism
 Condemnation of........................ PL 99-83 Sec 508........   444
 Countries aiding
  Aid prohibition....................... PL 87-195 Sec 620G......   253
                                         PL 87-195 Sec 620H......   254
  Aviation boycott...................... PL 99-83 Sec 555........   444
  Ban on importation of good and 
   services............................. PL 99-83 Sec 505........   443
 Countries supporting
  Aid prohibition....................... PL 87-195 Sec 620A......   244
                                         PL 105-118 Sec 550......   634
  Assistance waiver authority........... PL 87-195 Sec 620A(d)...   246
  Bilateral aid prohibition............. PL 105-118 Sec 527......   624
  Prohibition on transactions with...... PL 90-629 Sec 40........   369
 Exports to countries supporting
  Foreign aid funds prohibition......... PL 105-118 Sec 550......   634
 Foreign aid
  Anti-terrorism assistance program..... PL 87-195 Sec 571-574...   212
 Foreign airport security............... PL 99-83 Sec 551........   444
 International Anti-Terrorism Committee. PL 99-83 Sec 506........   443
 Libya.................................. PL 97-113 Sec 718.......   499
  Prohibition on imports and exports.... PL 99-83 Sec 504........   442
 State sponsored
  Civil liability....................... PL 104-208 Sec 589......   669
 Terrorism-related assistance
  Coordinated by Secretary of State..... PL 99-83 Sec 502........   442
  Report to Congress.................... PL 99-83 Sec 502........   442
 Treaty to control...................... PL 99-83 Sec 507........   443
 U.S. citizens involved in.............. PL 97-113 Sec 719.......   500
Terrorism, anti
 Countries not supporting U.S. efforts
  Prohibited transactions............... PL 90-629 Sec 40A.......   376
 Foreign aid
  Appropriations, 1998.................. PL 105-118 Title II.....   607
  Research and development expenses..... PL 104-164 Sec 122......   409
Thailand-U.S. relations
 Ammunition sale........................ PL 96-92 Sec 24.........   523
Tonkin Gulf Resolution
 Repealed............................... PL 91-672 Sec 12........   578
Tort claims
 (see Claims)
Trade
 (see also Imports)
 Arms
  (see Arms sales)
 Commercial Service Officers
  Increase in........................... PL 102-549 Sec 701......   420
 Cuba
  Embargo............................... PL 87-195 Sec 620(a)....   236
 Trade and Development Agency........... PL 102-549 Sec 202......   413
 United States Commercial Centers....... PL 102-549 Sec 401......   416
Trade and Development Agency
 Appropriations, 1998................... PL 105-118 Title I......   595
 Development programs
  Authorization of appropriations....... PL 87-195 Sec 661(f)....   292
  Foreign aid........................... PL 87-195 Sec 661.......   290
  Report to Congress.................... PL 87-195 Sec 661(d)....   291
Trade and Development Program
 (see Trade and Development Agency)
 Renamed Trade and Development Agency... PL 102-549 Sec 202......   413
Trade Credit Insurance Program
 Central America........................ PL 87-195 Sec 224.......    71
 Poland................................. PL 87-195 Sec 225.......    72
 Report to Congress..................... PL 87-195 Sec 225(h)....    73
Trade Promotion Coordination Committee
 Capital projects....................... PL 102-549 Sec 304......   415
Tropical forests
 AID
  Country analysis requirements......... PL 87-195 Sec 118(e) 50.
 Protection of
  AID................................... PL 87-195 Sec 118(e)....    50
  PVOs.................................. PL 87-195 Sec 118(d)....    50
  Reports to Congress................... PL 87-195 Sec 118(f)....    50
Tunisia-U.S. relations
 Economic Support Fund.................. PL 99-83 Sec 805........   475
Turkey
 Economic conditions
  Impact on foreign debt................ PL 99-83 Sec 1205.......   482
Turkey-U.S. relations................... PL 95-384 Sec 13........   540
 Arms sales
  Conflict with Cyprus.................. PL 99-83 Sec 101(f).....   432
 Arms sales credits
  Repayment............................. PL 96-92 Sec 17(b)......   522
 Economic Support Fund
  FY 1979 supplemental authorization.... PL 96-92 Sec 27.........   524
 Foreign aid
  Disaster relief....................... PL 87-195 Sec 495E......   154
  Limitations on........................ PL 105-118 Sec 565......   642
 Resolution in Cyprus................... PL 87-195 Sec 620C......   246

                                   U

U.N.
 Arms sales............................. PL 90-629 Sec 4.........   317
 Arms trade, debate on.................. PL 91-672 Sec 6.........   576
 Countries supporting U.S.
  Report to Congress.................... PL 105-118 Sec 563......   641
 Countries supporting U.S. policy
  Report to Congress.................... PL 101-167 Sec 527......   696
 Dues for membership
  Foreign aid cut-off for defaults...... PL 87-195 Sec 620(u)....   243
 FAO
  (see FAO)
 Food supplies
  Conference on......................... PL 93-189 Sec 39........   570
 IAEA
  Program review, evaluation, and audit. PL 87-195 Sec 301(e)(1).   114
 International Organizations
  Use of membership funds............... PL 96-53 Sec 114........   525
 Lodge Commission....................... PL 92-226 Sec 410.......   573
 Membership dues
  Foreign aid funds prohibition......... PL 105-118 Sec 547......   633
 Nonaligned countries
  Communique by......................... PL 97-113 Sec 720.......   500
 Relief and Works Agency
  Middle East........................... PL 87-195 Sec 301(c)....   114
 Sanctions against Iraq
  Countries not in compliance........... PL 105-118 Sec 534......   627
 Soviet Union arrearages................ PL 97-113 Sec 717.......   499
 Technical assistance programs
  Funding transfer to the United Nations 
   Development Program.................. PL 87-195 Sec 301(g)....   115
 U.S. participation in
  (see also U.N., United Nations 
    Participation Act of 1945)
 United Nations Environment Program
  U.S. contributions to................. PL 99-83 Sec 402........   441
 United Nations Environment Program 
   Participation Act of 1973
  Appropriations, 1998.................. PL 105-118 Title IV.....   613
 United Nations Fund for Science and 
   Technology
  Foreign aid funds prohibition......... PL 105-118 Title IV.....   613
 United Nations Population Fund
  Appropriations, 1998.................. PL 105-118 Title IV.....   613
  China activities prohibition.......... PL 105-118 Title IV.....   613
 Voluntary contributions
  Restrictions on....................... PL 105-118 Sec 564......   641
 War Crimes Tribunal
  Drawdown.............................. PL 105-118 Sec 553......   635
 World Food Program
  Appropriations, 1998.................. PL 105-118 Title IV.....   613
U.N. United Nations High Commissioner 
  for Refugees
 Appropriations, 1998................... PL 105-118 Title II.....   606
U.S. Disarmament Administration
 Transferred to ACDA
  (see also ACDA)
U.S. Trade Representative
 OPIC
  Reports to Congress................... PL 87-195 Sec 240B(b)...   105
Uganda
 Elections in........................... PL 96-533 Sec 719.......   521
Ukraine-U.S. relations
 Foreign aid
  Waiver of minimum funding requirements PL 105-18 Sec 4001......   662
 Foreign aid, 1997
  Funding requirement waiver............ PL 105-18 Sec 4001......   662
 Foreign aid, 1998...................... PL 105-118 Title II.....   604
  Restrictions on....................... PL 105-118 Title II.....   604
 Nuclear reactor safety
  Foreign aid, 1998..................... PL 105-118 Title II.....   604
Union of Soviet Socialist Republics
 (see Soviet Union)
United Arab Republic
 (see Egypt-U.S. relations)
United Nations Educational, Scientific 
  and Cultural Organization
 (see UNESCO)
United Nations Monetary and Financial 
  Conference
 (see Bretton Woods)
United States Commercial Centers
 Authorization of appropriations........ PL 102-549 Sec 401(i)...   418
United States Munitions List
 Export and import controls............. PL 90-629 Sec 38........   360
Uranium
 Export of.............................. PL 96-533 Sec 110.......   511
Urban and Environmental credit
 Loan guaranty programs
  Appropriations, 1998.................. PL 105-118 Title II.....   599
Uruguay-U.S. relations
 Foreign aid............................ PL 99-83 Sec 720........   462
USIA
 Congressional oversight................ PL 92-226 Sec 407.......   573
USSR
 (see Soviet Union)

                                   V

Vietnam
 (see also North Vietnam-U.S. relations)
 (see also South Vietnam-U.S. relations)
Vietnam War
 (see Indochina War)
Vietnam-U.S. relations
 Aid prohibition........................ PL 95-424 Sec 602.......   539
 Amerasians
  Admission to U.S...................... PL 100-202 Sec 584......   711
 Foreign aid
  Prohibited............................ PL 96-533 Sec 717.......   521
Voluntary agencies
 Foreign aid............................ PL 87-195 Sec 635(c)....   270
  Services and commodities.............. PL 87-195 Sec 607.......   223
 Transfer of excess property to......... PL 87-195 Sec 607.......   223
Volunteer service programs
 (see also Peace Corps)

                                   W

Weapons
 Chemical and biological
  Transport of.......................... PL 91-672 Sec 13........   578
Western Sahara-U.S. relations
 Foreign aid
  Conditions for........................ PL 99-83 Sec 808........   476
Women
 Development process.................... PL 87-195 Sec 113 42....
 Female genital mutilation
  U.S. opposition to.................... PL 104-208 Sec 579......   668
 International organizations
  Integration into policy-making 
   positions............................ PL 87-195 Sec 305.......   120
 U.N. Decade for........................ PL 87-195 Sec 113(c)....    43
Worker rights
 Internationally recognized
  Restrictions under this Act........... PL 102-549 Sec 802......   421
World Assembly on Aging
 Convening of........................... PL 95-424 Sec 117(e)....   536
World Bank
 Appropriations, 1998................... PL 105-118 Title IV.....   611
 Program review, evaluation, and audit.. PL 87-195 Sec 301(e)(2).   115
World Food Conference
 Presidential implementation of policies PL 93-559 Sec 55........   565
World Food Program
 Appropriations, 1998................... PL 105-118 Title IV.....   613

                                   Y

Yugoslavia (Former)
 War Crimes Tribunal
  Information on........................ PL 105-118 Sec 553......   635
Yugoslavia-U.S. relations
 OPIC
  Presidential determination............ PL 87-195 Sec 239(f)....   102

                                   Z

Zaire-U.S. relations
 Economic Support Fund.................. PL 99-83 Sec 804........   475
 Shaba airlift.......................... PL 96-92 Sec 26.........   523