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


                                               S. Prt. 105-46, Vol. I-B



                     COMMITTEE ON FOREIGN RELATIONS
                  COMMITTEE ON INTERNATIONAL RELATIONS

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

 
            Legislation on Foreign Relations Through 1997

                                     
 NOT AVAILABLE IN THIS FORMAT

                                     

                               APRIL 1998

                               VOLUME I-B

                         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
45-489 CC                                                                
                                             

_______________________________________________________________________

 For sale by the Superintendent of Documents, U.S. Government Printing 
                                 Office
                         Washington, D.C. 20402




                     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    LOIS CAPPS, California
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 International Relations of the 
House of Representatives and Foreign Relations of the Senate, 
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-B 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)




                            C O N T E N T S

                               __________
                                                                   Page

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

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

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

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

 1. Other Foreign Assistance Related Legislation and Materials...     5
 2. Executive Orders, Delegations of Authority, and 
    Reorganization Plans Relating to Foreign Assistance and Arms 
    Exports......................................................   330
 3. Armed Forces Legislation.....................................   367
 4. Laws Relating to Loan or Sale of Vessels to Foreign Countries   914

B. AGRICULTURAL COMMODITIES......................................   919

 1. Agricultural Trade Development and Assistance................   921
 2. Agricultural Trade...........................................  1028
 3. Agricultural Act of 1980 and Related Material................  1070
 4. Agriculture and Food Act of 1981 (Public Law 97-98) (partial 
    text)........................................................  1083
 5. International Carriage of Perishable Foodstuffs Act (Public 
    Law 97-325)..................................................  1090
 6. Pesticide Monitoring Improvements (Public Law 100-418) 
    (partial text)...............................................  1094

C. THE PEACE CORPS...............................................  1097

 1. The Peace Corps Act, as amended (Public Law 87-293)..........  1099
 2. Establishment of the Peace Corps as an Independent Agency 
    (Public Law 97-113) (partial text)...........................  1128
 3. Peace Corps Reauthorizations.................................  1131
 4. Independent Implementing Provisions of Public Law 89-134.....  1137
 5. Higher Education Act Amendments--Provisions Relating to the 
    Peace Corps (Public Law 99-498) (partial text)...............  1138
 6. National and Community Service Act of 1990 (Public Law 101-
    610) (partial text)..........................................  1139
 7. The Peace Corps--Establishment as Agency Within ACTION 
    (Executive Order 12137)......................................  1147
 8. Providing for the Appointment of Former Peace Corps 
    Volunteers to the Civilian Civil Service (Executive Order 
    11103).......................................................  1152

APPENDICES.......................................................  1153

INDEX............................................................  1193

                                  (ix)

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




                         A. FOREIGN ASSISTANCE

                                CONTENTS

                                                                   Page

1. Other Foreign Assistance Related Legislation and Materials....     5
    a. Policy Toward Iraq........................................     5
        (1) Iran-Iraq Arms Non-Proliferation Act of 1992 (Public 
          Law 102-484) (partial text)............................     5
        (2) Foreign Assistance Appropriations Act, 1998--
          Provisions Relating to Iraq (Public Law 105-118) 
          (partial text).........................................    10
        (3) Persian Gulf Conflict Supplemental Authorization and 
          Personnel Benefits Act of 1991 (Public Law 102-25) 
          (partial text).........................................    12
        (4) Foreign Relations Persian Gulf Conflict Emergency 
          Supplemental Authorization Act, Fiscal Year 1991 
          (Public Law 102-20) (partial text).....................    25
        (5) Iraq Sanctions Act of 1990 (Public Law 101-513) 
          (partial text).........................................    26
        (6) Budget Enforcement Act of 1990--Emergency 
          Appropriations Requirements (Public Law 101-508) 
          (partial text).........................................    36
    b. Assistance to Eastern Europe and the Former Soviet Union..    38
        (1) Act For Reform In Emerging New Democracies and 
          Support and Help for Improved Partnership With Russia, 
          Ukraine, and Other New Independent States (FRIENDSHIP 
          Act) (Public Law 103-199) (partial text)...............    38
        (2) Freedom for Russia and Emerging Eurasian Democracies 
          and Open Markets Support Act of 1992 (FREEDOM Support 
          Act) (Public Law 102-511) (partial text)...............    45
        (3) Emergency Airlift to the Soviet Union (Public Law 
          102-228) (partial text)................................    76
        (4) Soviet-Eastern Europe Educational Exchange Programs 
          in the Foreign Relations Authorization Act, Fiscal 
          Years 1992 and 1993 (Public Law 102-138) (partial text)    79
        (5) Eisenhower Exchange Fellowship Act of 1990 (Public 
          Law 101-454)...........................................    84
        (6) Assistance to Eastern Europe and Yugoslavia (Public 
          Law 101-243) (partial text)............................    88
        (7) Support for East European Democracy (SEED) Act of 
          1989 (Public Law 101-179)..............................    89
        (8) American Aid to Poland Act of 1988 (Public Law 100-
          418) (partial text)....................................   119
        (9) Clement J. Zablocki Memorial Outpatient Facility, 
          American Children's Hospital, Krakow, Poland (Public 
          Law 98-266)............................................   122
        (10) Research and Training for Eastern Europe and the 
          Independent States of the Former Soviet Union Act of 
          1983 (Public Law 98-164) (partial text)................   123
        (11) Central European Enterprise Development (Act of July 
          30, 1953) (partial text)...............................   129
        (12) Support for East European Democracy (SEED) Program 
          (Executive Order 12703)................................   131
        (13) Delegation of Authorities Under the FREEDOM Support 
          Act (Executive Order 12884)............................   132
    c. Assistance to Africa......................................   134
        (1) Prohibition on Assistance to Mauritania (Public Law 
          104-319) (partial text)................................   134
        (2) African Conflict Resolution Act (Public Law 103-381).   136
        (3) South African Democratic Transition Support Act of 
          1993 (Public Law 103-149) (partial text)...............   141
        (4) Horn of Africa Recovery and Food Security Act (Public 
          Law 102-274)...........................................   147
        (5) Peace Process Support in Liberia (Public Law 102-270)   156
        (6) African Famine Relief and Recovery Act of 1985 
          (Public Law 99-8) (partial text).......................   158
        (7) Coordination of Economic Policies for Sub-Saharan 
          Africa (Executive Order 12599).........................   161
    d. Assistance to Latin America...............................   163
        (1) Cuban Liberty and Democratic Solidarity (LIBERTAD) 
          Act of 1996 (Public Law 104-114).......................   163
        (2) Enterprise for the Americas Initiative Act of 1992 
          (Public Law 102-532) (partial text)....................   206
        (3) Enterprise for the Americas Facility as Established 
          in P.L. 480 (Public Law 83-480) (partial text).........   209
        (4) Urgent Assistance for Democracy in Panama Act of 1990 
          (Public Law 101-243) (partial text)....................   219
        (5) Survival Assistance to Victims of Civil Strife in 
          Central America (Public Law 101-215)...................   223
        (6) Central America Peace Assistance (Public Law 100-276)   224
        (7) Latin American Development Act, as amended (Public 
          Law 86-735)............................................   229
        (8) Implementation of the Enterprise for the Americas 
          Initiative (Executive Order 12757).....................   232
    e. Assistance to the Middle East.............................   236
        (1) Middle East Peace Facilitation Act of 1995 (Public 
          Law 104-107) (partial text)............................   236
        (2) Middle East Peace Facilitation Act of 1994 (Public 
          Law 103-236) (partial text)............................   244
        (3) Middle East Peace Facilitation Act of 1993 (Public 
          Law 103-125)...........................................   248
        (4) Emergency Supplemental Persian Gulf Refugee 
          Assistance Act of 1991 (Public Law 102-45).............   251
        (5) Emergency Supplemental Assistance for Israel Act of 
          1991 (Public Law 102-21)...............................   253
        (6) Jordan Supplemental Economic Assistance Authorization 
          Act of 1985 (Public Law 99-88) (partial text)..........   254
        (7) Lebanon Emergency Assistance Act of 1983 (Public Law 
          98-43) (partial text)..................................   256
        (8) Special International Security Assistance Act of 1979 
          (Public Law 96-35) (partial text)......................   258
    f. Anglo-Irish Agreement Support Act of 1986 (Public Law 99-
      415) (partial text)........................................   262
    g. International Narcotics Control...........................   265
        (1) International Narcotics Control Corrections Act of 
          1994 (Public Law 103-447) (partial text)...............   265
        (2) International Narcotics Control Act of 1990 (Public 
          Law 101-623) (partial text)............................   267
        (3) Licit Opium Imports (title XXVI of Public Law 101-
          647)...................................................   275
        (4) International Narcotics Control Act of 1989 (Public 
          Law 101-231) (partial text)............................   277
        (5) International Narcotics Control Act of 1988 (title IV 
          of Public Law 100-690) (partial text)..................   287
        (6) International Narcotics Control Act of 1986 (title II 
          of Public Law 99-570) (partial text)...................   290
        (7) Export-Import Bank Act of 1945--Provisions Governing 
          Foreign Assistance Act Funds in Counter-Narcotics 
          (Public Law 79-173) (partial text).....................   292
        (8) National Drug Control Program (Executive Order 12880)   294
        (9) President's Drug Policy Council (Executive Order 
          12992).................................................   296
    h. Security Assistance and Arms Sales Legislation............   298
        (1) Proposed Arms Sales to Jordan (Public Law 99-162)....   298
        (2) Conditions on Arms Sales to Turkey (Public Law 94-
          104) (partial text)....................................   299
        (3) Emergency Security Assistance Act of 1973 (Public Law 
          93-199)................................................   301
        (4) Mutual Security Act of 1959, as amended (Public Law 
          86-108) (partial text).................................   303
        (5) Mutual Security Act of 1954, as amended (Public Law 
          83-665) (retained provisions)..........................   304
            Sec. 408--North Atlantic Treaty Organization.........   304
            Sec. 417--Irish Counterpart..........................   305
            Sec. 502--Use of Foreign Currency....................   305
            Sec. 514--International Educational Exchange 
              Activities.........................................   307
            Sec. 523--Coordination With Foreign Policy...........   308
            Sec. 536--Joint Commission on Rural Reconstruction in 
              China..............................................   308
        (6) Notice to Congress of Certain Transfers of Defense 
          Articles and Defense Services (Public Law 80-253) 
          (partial text).........................................   309
    i. Development Assistance Legislation........................   311
        (1) Bangladesh Disaster Assistance Act of 1988 (Public 
          Law 100-576)...........................................   311
        (2) International Cooperation to Protect Biological 
          Diversity (Public Law 100-530).........................   314
        (3) Control of Swine Influenza (Public Law 94-302) 
          (partial text).........................................   315
    j. Use of Foreign Currencies.................................   316
        (1) 31 U.S.C. 1306. Use of Foreign Credits...............   316
        (2) General Government Matters Appropriation Act, 1962 
          (Public Law 87-125) (partial text).....................   317
        (3) Use of Reserved Coins and Currencies of Foreign 
          Countries (31 U.S.C. 5303).............................   318
    k. Merchant Marine Act of 1936, as amended (partial text)....   319
2. Executive Orders, Delegations of Authority, and Reorganization 
  Plans Relating to Foreign Assistance and Arms Exports..........   330
    a. Administration of Foreign Assistance and Related Functions 
      (Executive Order 12163)....................................   330
    b. State Department Delegation of Authority No. 145..........   343
    c. International Development Cooperation Agency Delegation of 
      Authority No. 1............................................   349
    d. International Development Cooperation Agency Delegation of 
      Authority No. 2............................................   353
    e. Reorganization Plan No. 2 of 1979 (United States 
      International Development Cooperation Agency)..............   354
    f. Administration of Arms Export Controls (Executive Order 
      11958).....................................................   357
    g. Overseas Private Investment Corporation (Executive Order 
      11579).....................................................   361
    h. Performance of Functions Authorized by the Foreign 
      Assistance Act of 1961, as amended (Executive Order 11223).   363
    i. Foreign Disaster Assistance (Executive Order 12966).......   366
3. Armed Forces Legislation......................................   367
    a. Title 10, United States Code..............................   367
    b. National Defense Authorization Act for Fiscal Year 1998 
      (Public Law 105-85) (partial text).........................   444
    c. Department of Defense Appropriations Act, 1998 (Public Law 
      105-56) (partial text).....................................   484
    d. 1997 Emergency Supplemental Appropriations Act for 
      Recovery From Natural Disasters, and for Overseas 
      Peacekeeping Efforts, Including Those in Bosnia (Public Law 
      105-18) (partial text).....................................   493
    e. National Defense Authorization Act for Fiscal Year 1997 
      (Public Law 104-201) (partial text)........................   497
    f. National Defense Authorization Act for Fiscal Year 1996 
      (Public Law 104-106) (partial text)........................   521
    g. National Defense Authorization Act for Fiscal Year 1995 
      (Public Law 103-337) (partial text)........................   546
    h. National Defense Authorization Act for Fiscal Year 1994 
      (Public Law 103-160) (partial text)........................   578
    i. Department of Defense Appropriations Act, 1994 (Public Law 
      103-139) (partial text)....................................   620
    j. National Defense Authorization Act for Fiscal Year 1993 
      (Public Law 102-484) (partial text)........................   622
    k. Department of Defense Appropriations Act, 1993 (Public Law 
      102-396) (partial text)....................................   677
    l. National Defense Authorization Act for Fiscal Years 1992 
      and 1993 (Public Law 102-190) (partial text)...............   679
    m. National Defense Authorization Act for Fiscal Year 1991 
      (Public Law 101-510) (partial text)........................   711
    n. National Defense Authorization Act for Fiscal Years 1990 
      and 1991 (Public Law 101-189) (partial text)...............   755
    o. Department of Defense Appropriations Act, 1991 (Public Law 
      101-511) (partial text)....................................   787
    p. National Defense Authorization Act, Fiscal Year 1989 
      (Public Law 100-456) (partial text)........................   793
    q. Department of Defense Appropriations Act, 1989 (Public Law 
      100-463) (partial text)....................................   816
    r. National Defense Authorization Act for Fiscal Years 1988 
      and 1989 (Public Law 100-180) (partial text)...............   820
    s. Department of Defense Authorization Act, 1987 (Public Law 
      99-661) (partial text).....................................   846
    t. Department of Defense Authorization Act, 1986 (Public Law 
      99-145) (partial text).....................................   857
    u. Department of Defense Authorization Act, 1985 (Public Law 
      98-525) (partial text).....................................   875
    v. Department of Defense Authorization Act, 1984 (Public Law 
        98-94) (partial text)....................................   894
    w. Department of Defense Authorization Act, 1983 (Public Law 
      97-252) (partial text).....................................   903
    x. Department of Defense Appropriation Authorization Act, 
      1979 (Public Law 95-485) (partial text)....................   906
    y. Department of Defense Appropriation Authorization Act, 
      1975 (Public Law 93-365) (partial text)....................   907
    z. Armed Forces Appropriation Authorization, 1971 (Public Law 
      91-441) (partial text).....................................   910
    aa. Authorization for an Improved U.S./Soviet Direct 
      Communications Link (Public Law 99-85).....................   912
4. Laws Relating to Loan or Sale of Vessels to Foreign Countries.   914
    a. 10 U.S.C. 7307--Disposals to Foreign Nations..............   914
    b. Transfer of Naval Vessels to Egypt, Mexico, New Zealand, 
      Portugal, Taiwan, and Thailand (Public Law 104-164) 
      (partial text).............................................   917

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

      
     1. Other Foreign Assistance Related Legislation and Materials

                        a. Policy Toward Iraq\1\

            (1) Iran-Iraq Arms Non-Proliferation Act of 1992

  Title XVI of the National Defense Authorization Act for Fiscal Year 
1993 [Public Law 102-484; H.R. 5006], 106 Stat. 2315 at 2571, approved 
   October 23, 1992; amended by Public Law 104-106 [National Defense 
   Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
                       approved February 10, 1996

       TITLE XVI--IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992\2\

SEC. 1601. SHORT TITLE.

    This title may be cited as the ``Iran-Iraq Arms Non-
Proliferation Act of 1992''.
---------------------------------------------------------------------------
    \1\See also sanctions imposed against Iraq, in Legislation on 
Foreign Relations Through 1997, vol. III. See also various National 
Defense Authorization Acts, beginning at page 444. See also the 
Authorization for Use of Military Force Against Iraq Resolution, Public 
Law 102-1, in Legislation on Foreign Relations Through 1997, vol. II.
    \2\50 U.S.C. 1701 note. In a September 27, 1994, memorandum for the 
Secretary of State, the President delegated all functions vested in the 
President by this title to the Secretary of State, in consultation with 
the Secretaries of Defense, Treasury, Commerce, the Director of the 
Arms Control and Disarmament Agency, and other heads of appropriate 
departments and agencies (59 F.R. 50685).
---------------------------------------------------------------------------

SEC. 1602. UNITED STATES POLICY.

    (a) In General.--It shall be the policy of the United 
States to oppose, and urgently to seek the agreement of other 
nations also to oppose, any transfer to Iran or Iraq of any 
goods or technology, including dual-use goods or technology, 
wherever that transfer could materially contribute to either 
country's acquiring chemical, biological, nuclear, or 
destabilizing numbers and types of advanced conventional 
weapons.
    (b) Sanctions.--(1) In the furtherance of this policy, the 
President shall apply sanctions and controls with respect to 
Iran, Iraq, and those nations and persons who assist them in 
acquiring weapons of mass destruction in accordance with the 
Foreign Assistance Act of 1961, the Nuclear Non-Proliferation 
Act of 1978, the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991, chapter 7 of the Arms Export 
Control Act, and other relevant statutes, regarding the non-
proliferation of weapons of mass destruction and the means of 
their delivery.
    (2) The President should also urgently seek the agreement 
of other nations to adopt and institute, at the earliest 
practicable date, sanctions and controls comparable to those 
the United States is obligated to apply under this subsection.
    (c) Public Identification.--The Congress calls on the 
President to identify publicly (in the report required by 
section 1607) any country or person that transfers goods or 
technology to Iran or Iraq contrary to the policy set forth in 
subsection (a).

SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.

    The sanctions against Iraq specified in paragraphs (1) 
through (4) of section 586G(a) of the Iraq Sanctions Act of 
1990 (as contained in Public Law 101-513),\3\ including denial 
of export licenses for United States persons and prohibitions 
on United States Government sales, shall be applied to the same 
extent and in the same manner with respect to Iran.
---------------------------------------------------------------------------
    \3\For text of the Iraq Sanctions Act of 1990, see beginning at 
page 26.
---------------------------------------------------------------------------

SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.

    (a) Prohibition.--If any person transfers or retransfers 
goods or technology so as to contribute knowingly and 
materially to the efforts by Iran or Iraq (or any agency or 
instrumentality of either such country) to acquire chemical, 
biological, or nuclear weapons or\4\ to acquire destabilizing 
numbers and types of advanced conventional weapons, then the 
sanctions described in subsection (b) shall be imposed.
---------------------------------------------------------------------------
    \4\Sec. 1408(a) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 494), inserted ``to 
acquire chemical, biological, or nuclear weapons or'' before ``to 
acquire''.
---------------------------------------------------------------------------
    (b) Mandatory Sanctions.--The sanctions to be imposed 
pursuant to subsection (a) are as follows:
          (1) Procurement sanction.--For a period of two years, 
        the United States Government shall not procure, or 
        enter into any contract for the procurement of, any 
        goods or services from the sanctioned person.
          (2) Export sanction.--For a period of two years, the 
        United States Government shall not issue any license 
        for any export by or to the sanctioned person.

SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.

    (a) Prohibition.--If the President determines that the 
government of any foreign country transfers or retransfers 
goods or technology so as to contribute knowingly and 
materially to the efforts by Iran or Iraq (or any agency or 
instrumentality of either such country) to acquire chemical, 
biological, or nuclear weapons or\5\ to acquire destabilizing 
numbers and types of advanced conventional weapons, then--
---------------------------------------------------------------------------
    \5\Sec. 1408(b) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 494) inserted ``to 
acquire chemical, biological, or nuclear weapons or'' before ``to 
acquire''.
---------------------------------------------------------------------------
          (1) the sanctions described in subsection (b) shall 
        be imposed on such country; and
          (2) in addition, the President may apply, in the 
        discretion of the President, the sanction described in 
        subsection (c).
    (b) Mandatory Sanctions.--Except as provided in paragraph 
(2), the sanctions to be imposed pursuant to subsection (a)(1) 
are as follows:
          (1) Suspension of united states assistance.--The 
        United States Government shall suspend, for a period of 
        one year, United States assistance to the sanctioned 
        country.
          (2) Multilateral development bank assistance.--The 
        Secretary of the Treasury shall instruct the United 
        States Executive Director to each appropriate 
        international financial institution to oppose, and vote 
        against, for a period of one year, the extension by 
        such institution of any loan or financial or technical 
        assistance to the sanctioned country.
          (3) Suspension of codevelopment or coproduction 
        agreements.--The United States shall suspend, for a 
        period of one year, compliance with its obligations 
        under any memorandum of understanding with the 
        sanctioned country for the codevelopment or 
        coproduction of any item on the United States Munitions 
        List (established under section 38 of the Arms Export 
        Control Act), including any obligation for 
        implementation of the memorandum of understanding 
        through the sale to the sanctioned country of technical 
        data or assistance or the licensing for export to the 
        sanctioned country of any component part.
          (4) Suspension of military and dual-use technical 
        exchange agreements.--The United States shall suspend, 
        for a period of one year, compliance with its 
        obligations under any technical exchange agreement 
        involving military and dual-use technology between the 
        United States and the sanctioned country that does not 
        directly contribute to the security of the United 
        States, and no military or dual-use technology may be 
        exported from the United States to the sanctioned 
        country pursuant to that agreement during that period.
          (5) United states munitions list.--No item on the 
        United States Munitions List (established pursuant to 
        section 38 of the Arms Export Control Act) may be 
        exported to the sanctioned country for a period of one 
        year.
    (c) Discretionary Sanction.--The sanction referred to in 
subsection (a)(2) is as follows:
          (1) Use of authorities of international emergency 
        economic powers act.--Except as provided in paragraph 
        (2), the President may exercise, in accordance with the 
        provisions of that Act, the authorities of the 
        International Emergency Economic Powers Act with 
        respect to the sanctioned country.
          (2) Exception.--Paragraph (1) does not apply with 
        respect to urgent humanitarian assistance.

SEC. 1606. WAIVER.

    The President may waive the requirement to impose a 
sanction described in section 1603, in the case of Iran, or a 
sanction described in section 1604(b) or 1605(b), in the case 
of Iraq and Iran, 15 days after the President determines and so 
reports to the Committees on Armed Services and Foreign 
Relations of the Senate and the Committees on Armed Services 
and Foreign Affairs\6\ of the House of Representatives that it 
is essential to the national interest of the United States to 
exercise such waiver authority. Any such report shall provide a 
specific and detailed rationale for such determination.
---------------------------------------------------------------------------
    \6\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. Sec. 1(a)(5) of that 
Act 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. 1607. REPORTING REQUIREMENT.

    (a) Annual Report.--Beginning one year after the date of 
the enactment of this Act, and every 12 months thereafter, the 
President shall submit to the Committees on Armed Services and 
Foreign Relations of the Senate and the Committees on Armed 
Services and Foreign Affairs\6\ of the House of Representatives 
a report detailing--
          (1) all transfers or retransfers made by any person 
        or foreign government during the preceding 12-month 
        period which are subject to any sanction under this 
        title; and
          (2) the actions the President intends to undertake or 
        has undertaken pursuant to this title with respect to 
        each such transfer.
    (b) Report on Individual Transfers.--Whenever the President 
determines that a person or foreign government has made a 
transfer which is subject to any sanction under this title, the 
President shall, within 30 days after such transfer, submit to 
the Committees on Armed Services and Foreign Relations of the 
Senate and the Committees on Armed Services and Foreign 
Affairs\6\ of the House of Representatives a report--
          (1) identifying the person or government and 
        providing the details of the transfer; and
          (2) describing the actions the President intends to 
        undertake or has undertaken under the provisions of 
        this title with respect to each such transfer.
    (c) Form of Transmittal.--Reports required by this section 
may be submitted in classified as well as in unclassified form.

SEC. 1608. DEFINITIONS.

    For purposes of this title:
          (1) The term ``advanced conventional weapons'' 
        includes--
                  (A) such long-range precision-guided 
                munitions, fuel air explosives, cruise 
                missiles, low observability aircraft, other 
                radar evading aircraft, advanced military 
                aircraft, military satellites, electromagnetic 
                weapons, and laser weapons as the President 
                determines destabilize the military balance or 
                enhance offensive capabilities in destabilizing 
                ways;
                  (B) such advanced command, control, and 
                communications systems, electronic warfare 
                systems, or intelligence collection systems as 
                the President determines destabilize the 
                military balance or enhance offensive 
                capabilities in destabilizing ways; and
                  (C) such other items or systems as the 
                President may, by regulation, determine 
                necessary for purposes of this title.
          (2) The term ``cruise missile'' means guided missiles 
        that use aerodynamic lift to offset gravity and 
        propulsion to counteract drag.
          (3) The term ``goods or technology'' means--
                  (A) any article, natural or manmade 
                substance, material, supply, or manufactured 
                product, including inspection and test 
                equipment; and
                  (B) any information and know-how (whether in 
                tangible form, such as models, prototypes, 
                drawings, sketches, diagrams, blueprints, or 
                manuals, or in intangible form, such as 
                training or technical services) that can be 
                used to design, produce, manufacture, utilize, 
                or reconstruct goods, including computer 
                software and technical data.
          (4) The term ``person'' means any United States or 
        foreign individual, partnership, corporation, or other 
        form of association, or any of their successor 
        entities, parents, or subsidiaries.
          (5) The term ``sanctioned country'' means a country 
        against which sanctions are required to be imposed 
        pursuant to section 1605.
          (6) The term ``sanctioned person'' means a person 
        that makes a transfer described in section 1604(a).
          (7) The term ``United States assistance'' means--
                  (A)\7\ any assistance under the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2151 et 
                seq.), other than urgent humanitarian 
                assistance or medicine.
---------------------------------------------------------------------------
    \7\Sec. 1408(c) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 494) amended and 
restated subpara. (A). It formerly read as follows:
    ``(A) any assistance under the Foreign Assistance Act of 1961, 
other than--
---------------------------------------------------------------------------

          ``(i) urgent humanitarian assistance or medicine, and
          ``(ii) assistance under chapter 11 of part I (as enacted by 
        the Freedom for Russia and Emerging Eurasian Democracies and 
        Open Markets Support Act of 1992);''.
                  (B) sales and assistance under the Arms 
                Export Control Act;
                  (C) financing by the Commodity Credit 
                Corporation for export sales of agricultural 
                commodities; and
                  (D) financing under the Export-Import Bank 
                Act.
(2) Foreign Assistance Appropriations Act, 1998--Provisions Relating to 
                                Iraq\1\

    Partial text of Public Law 105-118 [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, 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:
---------------------------------------------------------------------------
    \1\For full text of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998, see Legislation on Foreign 
Relations Through 1997, vol. I-A.
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                             * * * * * * *

                      TITLE V--GENERAL PROVISIONS

        PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

    Sec. 507.\2\ 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.
---------------------------------------------------------------------------
    \2\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.
---------------------------------------------------------------------------
          * * * * * * *

       PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES

    Sec. 523.\3\ 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.
---------------------------------------------------------------------------
    \3\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 persuant to [this] Act is contrary to the national interest 
of the United States.'' (Presidential Determination No. 98-12; 63 F.R. 
6469).
---------------------------------------------------------------------------
          * * * * * * *

         COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ

    Sec. 534.\4\ 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--
---------------------------------------------------------------------------
    \4\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.
---------------------------------------------------------------------------
          (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.
          * * * * * * *
  (3) Persian Gulf Conflict Supplemental Authorization and Personnel 
                          Benefits Act of 1991

  Partial text of Public Law 102-25 [S. 725], 105 Stat. 75, approved 
   April 6, 1991; as amended by Public Law 102-190 [National Defense 
Authorization Act for Fiscal Years 1992 and 1993; 105 Stat. 1508], 105 
  Stat. 1290, approved December 5, 1991; Public Law 102-484 [National 
 Defense Authorization Act for Fiscal Year 1993; H.R. 5006], 106 Stat. 
  2315, approved October 23, 1992; and by Public Law 104-66 [Federal 
  Reports Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, 
                       approved December 21, 1995

AN ACT Entitled the ``Persian Gulf Conflict Supplemental Authorization 
                 and Personnel Benefits Act of 1991''.

    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 ``Persian Gulf Conflict 
Supplemental Authorization and Personnel Benefits Act of 
1991''.
---------------------------------------------------------------------------
    \1\10 U.S.C. 101 note.
---------------------------------------------------------------------------

SEC. 2.\2\ TABLE OF CONTENTS * * *
---------------------------------------------------------------------------

    \2\For full text, see 105 Stat. 75.
---------------------------------------------------------------------------

SEC. 3.\1\ DEFINITIONS

    For the purposes of this Act:
          (1) The term ``Operation Desert Storm'' means 
        operations of United States Armed Forces conducted as a 
        consequence of the invasion of Kuwait by Iraq 
        (including operations known as Operation Desert Shield, 
        Operation Desert Storm, and Operation Provide 
        Comfort).\3\
---------------------------------------------------------------------------
    \3\Sec. 1203 of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1508) struck out 
``Operation Desert Shield and Operation Desert Storm'' and inserted in 
lieu thereof ``Operation Desert Shield, Operation Desert Storm, and 
Operation Provide Comfort''.
---------------------------------------------------------------------------
          (2) The term ``incremental costs associated with 
        Operation Desert Storm'' means costs referred to in 
        section 251(b)(2)(D)(ii) of the Balanced Budget and 
        Emergency Deficit Control Act of 1985 (2 U.S.C. 
        901(b)(2)(D)(ii)).
          (3) The term ``Persian Gulf conflict'' means the 
        period beginning on August 2, 1990, and ending 
        thereafter on the date prescribed by Presidential 
        proclamation or by law.
          (4) The term ``congressional defense committees'' has 
        the meaning given that term in section 3 of the 
        National Defense Authorization Act for Fiscal Year 1991 
        (Public Law 101-510; 104 Stat. 1498).

SEC. 4. CONSTRUCTION WITH PUBLIC LAW 101-510.

    Any authorization of appropriations, or authorization of 
the transfer of authorizations of appropriations, made by this 
Act is in addition to the authorization of appropriations, or 
the authority to make transfers, provided in the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
510).

TITLE I--AUTHORIZATION OF FISCAL YEAR 1991 SUPPLEMENTAL APPROPRIATIONS 
                       FOR OPERATION DESERT STORM

SEC. 101.\4\ FUNDS IN THE DEFENSE COOPERATION ACCOUNT

    (a) Authorization of Appropriation.--During fiscal years 
1991, 1992, and 1993,\5\ there is authorized to be appropriated 
to the Department of Defense current and future balances in the 
Defense Cooperation Account established under section 2608 of 
title 10, United States Code.
---------------------------------------------------------------------------
    \4\Secs. 1202, 1203, and 1204 of Public Law 102-484 (106 Stat. 
2542) provided the following:
    ``sec. 1202. authorization of appropriations for fiscal year 1992.
    ``(a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of Defense for fiscal year 1992 in 
accordance with subsection (a) of section 101 of Public Law 102-25 (105 
Stat. 78), to be available under subsection (b)(1) of such section, the 
sum of $429,000,000 for military personnel as follows:
---------------------------------------------------------------------------

          ``(1) Army.--For the Army, $399,000,000.
          ``(2) Navy.--For the Navy, $30,000,000.
---------------------------------------------------------------------------
    ``(b) Increased Limitation on Authority for Transfer of Fiscal Year 
1992 Authorizations.--The total amount of the transfer authority 
provided for the Secretary of Defense for fiscal year 1992 in Public 
Law 102-190 or any other Act is increased by the amounts of the funds 
appropriated pursuant to subsection (a) that are transferred to fiscal 
year 1992 appropriations accounts pursuant to sections 101 and 102(c) 
of Public Law 102-25, as amended by section 1201.
    ``sec. 1203. authorization of appropriations for fiscal year 1993.
    ``(a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of Defense for fiscal year 1993 in 
accordance with subsection (a) of section 101 of Public Law 102-25 (105 
Stat. 78), to be available under subsection (b) of such section, the 
sum of $87,700,000 for military personnel as follows:
---------------------------------------------------------------------------

          ``(1) Army.--For the Army, $29,300,000.
          ``(2) Navy.--For the Navy, $35,300,000.
          ``(3) Marine corps.--For the Marine Corps, $3,100,000.
          ``(4) Air force.--For the Air Force, $20,000,000.
---------------------------------------------------------------------------
    ``(b) Increased Limitation on Authority for Transfer of Fiscal Year 
1993 Authorizations.--The amount of the transfer authority provided in 
section 1001 is increased by the amounts of the funds appropriated 
pursuant to subsection (a) that are transferred to fiscal year 1993 
appropriations accounts pursuant to sections 101 and 102(c) of Public 
Law 102-25, as amended by section 1201.''
    ``sec. 1204. relationship to other authorizations.
    ``The authorizations of appropriations in sections 1202 and 1203 
are in addition to the amounts otherwise authorized to be appropriated 
to the Department of Defense for fiscal year 1992 and for fiscal year 
1993 by any other provision of this Act or by any other Act enacted 
before the date of the enactment of this Act.''.
    \5\Sec. 1201(a) of Public Law 102-190 (105 Stat. 1506) struck out 
``fiscal year 1991'' each place it appeared in secs. 101 and 102, and 
inserted in lieu thereof ``fiscal years 1991 and 1992''.
    Subsequently, sec. 1201 of Public Law 102-484 (106 Stat. 2542) 
struck out ``fiscal years 1991 and 1992'' each place it appeared in 
secs. 101, 102(c) and 106, and inserted in lieu thereof ``fiscal years 
1991, 1992, and 1993''.
---------------------------------------------------------------------------
    (b) Use of Funds.--Amounts appropriated pursuant to 
subsection (a) shall be available only for--
          (1) transfer by the Secretary of Defense to fiscal 
        years 1991, 1992, and 1993\5\ appropriation accounts of 
        the Department of Defense or Coast Guard for 
        incremental costs associated with Operation Desert 
        Storm; and
          (2) replenishment of the Persian Gulf Regional 
        Defense Fund created under section 102.

SEC. 102. PERSIAN GULF REGIONAL DEFENSE FUND\6\

    (a) Establishment of Account.--There is established in the 
Treasury of the United States a working capital account for the 
Department of Defense to be known as the ``Persian Gulf 
Regional Defense Fund''.\6\
---------------------------------------------------------------------------
    \6\Sec. 1201(d)(1) of Public Law 102-190 (105 Stat. 1506) amended 
secs. 102 and 203(b) to read ``Persian Gulf Regional Defense Fund'' in 
lieu of ``Persian Gulf Conflict Working Capital Account'', each place 
it appeared.
    Sec. 1201(d)(2) of that Act made similar technical amendments in 
secs. 101(b)(2), 102(d), and 105(b)(4), by striking out `` working 
capital account'' each place it appeared and inserting in lieu thereof 
``Persian Gulf Regional Defense Fund''.
    Public Law 102-368 (106 Stat. 1124) subsequently terminated the 
Persian Gulf Regional Defense Fund with the following:
---------------------------------------------------------------------------

                  ``Persian Gulf Regional Defense Fund

                             ``(rescission)
---------------------------------------------------------------------------
    ``Of the funds made available under this heading in the Operation 
Desert Shield/Desert Storm Supplemental Appropriations Act, 1991 
(Public Law 102-28; 105 Stat. 161), $14,696,040,000 is hereby 
rescinded: Provided, That the Persian Gulf Regional Defense Fund is 
hereby terminated.''.
---------------------------------------------------------------------------
    (b) Authorization of Appropriations.--During fiscal years 
1991 and 1992,\5\ there is authorized to be appropriated to the 
Persian Gulf Regional Defense Fund\6\ the sum of 
$15,000,000,000.
    (c) Use of Funds.--Funds appropriated pursuant to 
subsection (b) shall be available only for transfer by the 
Secretary of Defense to fiscal years 1991, 1992, and 1993\5\ 
appropriation accounts of the Department of Defense or Coast 
Guard for the incremental costs associated with Operation 
Desert Storm. Such funds may be used for that purpose only to 
the extent that funds are not available in the Defense 
Cooperation Account for transfer for such incremental costs.
    (d) Replenishment of Account.--Amounts transferred from the 
Persian Gulf Regional Defense Fund\6\ shall be replenished from 
funds available in the Defense Cooperation Account to the 
extent that funds are available in the Defense Cooperation 
Account. Whenever the balance in the Persian Gulf Regional 
Defense Fund\6\ is less than the amount appropriated to that 
account pursuant to this section, the Secretary shall transfer 
from the Defense Cooperation Account such funds as become 
available to the account to replenish the Persian Gulf Regional 
Defense Fund\6\ before making any transfer of such funds under 
sections 101 and 102.
    (e) Reversion of Balance Upon Termination of Account.--Any 
balance in the Persian Gulf Regional Defense Fund\6\ at the 
time of the termination of the account shall revert to the 
general fund of the Treasury.

SEC. 103. ADDITIONAL TRANSFER AUTHORITY

    The amount of the transfer authority provided in section 
1401 of Public Law 101-510 is hereby increased by the amount of 
such transfers as the Secretary of Defense makes pursuant to 
law (other than Public Law 101-511) to make adjustments among 
amounts provided in titles I and II of Public Law 101-511 due 
to incremental costs associated with Operation Desert Storm.

SEC. 104. ADMINISTRATION OF TRANSFERS

    A transfer made under the authority of section 101 or 102 
increases by the amount of the transfer the amount authorized 
for the account to which the transfer is made.

SEC. 105.\7\ NOTICE TO CONGRESS OF TRANSFERS

    (a) Notice-and-Wait.--A transfer may not be made under 
section 101 or 102 until the seventh day after the 
congressional defense committees receive a report with respect 
to that transfer under subsection (b).
---------------------------------------------------------------------------
    \7\Sec. 1201(b) of Public Law 102-190 (105 Stat. 1506) made this 
section applicable only to appropriations provided in Public Law 102-
28.
---------------------------------------------------------------------------
    (b) Content of Report.--A report under subsection (a) shall 
include the following:
          (1) A certification by the Secretary of Defense that 
        the amount or amounts proposed to be transferred will 
        be used only for incremental costs associated with 
        Operation Desert Storm.
          (2) A statement of each account to which the transfer 
        is proposed to be made and the amount proposed to be 
        transferred to such account.
          (3) A description of the programs, projects, and 
        activities for which funds proposed to be transferred 
        are proposed to be used.
          (4) In the case of a transfer from the Persian Gulf 
        Regional Defense Fund\6\ established under section 102, 
        an explanation of the reasons why funds are not 
        available in the Defense Cooperation Account for such 
        transfer.

SEC. 106. MONTHLY REPORTS ON TRANSFERS

    Not later than seven days after the end of each month in 
fiscal years 1991, 1992, and 1993,\5\ the Secretary of Defense 
shall submit to the congressional defense committees and the 
Comptroller General of the United States a detailed report on 
the cumulative total amount of the transfers made under the 
authority of this title through the end of that month.

  TITLE II--WAIVER OF PERSONNEL CEILINGS AFFECTED BY OPERATION DESERT 
                                 STORM

          * * * * * * *

SEC. 203. AUTHORIZATION FROM DEFENSE COOPERATION ACCOUNT

    (a) Authorization.--In addition to authorizations under 
section 101, there is hereby authorized to be appropriated from 
the Defense Cooperation Account such sums as may be necessary 
for increases in military personnel costs for fiscal years 1991 
through 1995 resulting from the exercise of the authorities 
provided in section 201. Such increases in costs are 
incremental costs associated with Operation Desert Storm.
    (b) Use of Funds.--Funds appropriated to the Persian Gulf 
Regional Defense Fund\6\ pursuant to section 102(b) may be used 
for the purposes described in subsection (a) to the extent 
provided in section 102(c).
    (c) Reporting.--Funds obligated for the purposes described 
in subsection (a) shall be included in the reports required by 
section 106.

SEC. 204. CONFORMING REPEAL

    Section 1117 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1637)\8\ is 
repealed.
---------------------------------------------------------------------------
    \8\10 U.S.C. 115 note. Sec. 1117 of Public Law 101-510, relating to 
end strength flexibility, may be found at 104 Stat. 1637.
---------------------------------------------------------------------------
          * * * * * * *

 TITLE IV--REPORTS ON FOREIGN CONTRIBUTIONS AND THE COSTS OF OPERATION 
                            DESERT STORM\9\

SEC. 401. REPORTS ON UNITED STATES COSTS IN THE PERSIAN GULF CONFLICT 
                    AND FOREIGN CONTRIBUTIONS TO OFFSET SUCH COSTS
---------------------------------------------------------------------------

    \9\10 U.S.C. 113 note.
---------------------------------------------------------------------------
    (a) Reports Required.--The Director of the Office of 
Management and Budget shall prepare, in accordance with this 
section, periodic reports on the incremental costs associated 
with Operation Desert Storm and on the amounts of contributions 
made to the United States by foreign countries to offset those 
costs. The Director shall prepare the reports in consultation 
with the Secretary of Defense, the Secretary of State, the 
Secretary of the Treasury, and other appropriate Government 
officials.
    (b) Costs of Operation Desert Storm.--
          (1) Period costs and cumulative costs.--Each report 
        prepared under subsection (a) shall specify--
                  (A) the incremental costs associated with 
                Operation Desert Storm that were incurred 
                during the period covered by the report; and
                  (B) the cumulative total of such costs, by 
                fiscal year, from August 1, 1990, to the end of 
                the period covered by the report.
          (2) Nonrecurring costs and costs offset.--In 
        specifying the incremental costs associated with 
        Operation Desert Storm that were incurred during the 
        period covered by a report and the total of such costs, 
        the Director shall separately identify those costs 
        that--
                  (A) are nonrecurring costs;
                  (B) are offset by in-kind contributions; or
                  (C) are offset (or proposed to be offset) by 
                the realignment, reprogramming, or transfer of 
                funds appropriated for activities unrelated to 
                the Persian Gulf conflict.
    (c) Specific Cost Areas.--Each report prepared under 
subsection (a) on the incremental costs associated with 
Operation Desert Storm shall specify an allocation of the total 
amount of such costs among the military departments, the 
Defense Agencies of the Department of Defense, and the Office 
of the Secretary of Defense, by category, including the 
following categories:
          (1) Airlift.--Airlift costs related to the 
        transportation by air of personnel, equipment, and 
        supplies.
          (2) Sealift.--Sealift costs related to the 
        transportation by sea of personnel, equipment, and 
        supplies.
          (3) Personnel.--Personnel costs, including pay and 
        allowances of members of the reserve components of the 
        Armed Forces called or ordered to active duty and 
        increased pay and allowances of members of the regular 
        components of the Armed Forces incurred because of 
        deployment in connection with Operation Desert Storm.
          (4) Personnel support.--Personnel support costs, 
        including subsistence, uniforms, and medical costs.
          (5) Operating support.--Operating support costs, 
        including equipment support costs, costs associated 
        with increased operational tempo, spare parts, stock 
        fund purchases, communications, and equipment 
        maintenance.
          (6) Fuel.--Fuel costs.
          (7) Procurement.--Procurement costs, including 
        ammunition, weapon systems improvements and upgrades, 
        and equipment purchases.
          (8) Military construction.--Military construction 
        costs.
    (d) Contributions to the United States.--
          (1) Amount of contributions.--Each report prepared 
        under subsection (a) shall specify the amount of 
        contributions made to the United States by each foreign 
        country that is making contributions to defray the cost 
        to the United States of Operation Desert Storm. The 
        amount of each country's contribution during the period 
        covered by each report, as well as the cumulative total 
        of such contributions made before the date of the 
        report, shall be indicated as follows:
                  (A) Cash payments pledged.
                  (B) Cash payments received.
                  (C) Description and value of in-kind 
                contributions pledged.
                  (D) Description and value of in-kind 
                contributions received.
          (2) Pledge period and use restrictions.--In 
        specifying the amount of each contribution pledged, the 
        Director shall indicate--
                  (A) the time period, if any, for which that 
                contribution applies; and
                  (B) any restrictions on the use of that 
                contribution.
    (e) Submission of Reports.--
          (1) First report.--The first report required by 
        subsection (a) shall be submitted to the Congress not 
        later than 14 days after the date of the enactment of 
        this Act and shall cover the period beginning on August 
        1, 1990, and ending on December 31, 1990.
          (2) Second report.--The second report shall be 
        submitted to the Congress not later than 21 days after 
        the date of the enactment of this Act and shall cover--
                  (A) January and February 1991, with respect 
                to information required under subsections (b) 
                and (c); and
                  (B) January, February, and March 1991, with 
                respect to information required under 
                subsection (d).
          (3) Subsequent monthly reports.--A report shall be 
        submitted to Congress not later than the 15th day of 
        each month after April 1991 and shall cover--
                  (A) the month before the preceding month, in 
                the case of information required under 
                subsections (b) and (c); and
                  (B) the preceding month, in the case of 
                information required under subsection (d).
          (4) Final report.--The final report shall be 
        submitted not later than November 15, 1992, and shall 
        include--
                  (A) the information required under 
                subsections (b) and (c) relating to the month 
                of September 1992; and
                  (B) a summary of all information that was 
                included in reports submitted under this 
                section.

SEC. 402. REPORTS ON FOREIGN CONTRIBUTIONS IN RESPONSE TO THE PERSIAN 
                    GULF CRISIS

    (a) Reports Required.--The Secretary of State and the 
Secretary of the Treasury shall jointly prepare periodic 
reports on the contributions made by foreign countries as part 
of the international response to the Persian Gulf crisis. The 
Secretaries shall prepare the reports in consultation with the 
Secretary of Defense and other appropriate Federal Government 
officials.
    (b) Information To Be Provided.--Each report required by 
this section shall include the following information for each 
foreign country making contributions as part of the 
international response to the Persian Gulf crisis:
          (1) Participation in the international military 
        coalition.--In the case of each foreign country whose 
        armed forces are participating in the international 
        military coalition confronting Iraq, a description of 
        the forces committed in terms of personnel, units, and 
        equipment deployed, and any information available 
        regarding the aggregate amount of the incremental costs 
        associated with such country's participation.
          (2) Contributions to those countries significantly 
        affected by the persian gulf crisis.--Any information 
        available on--
                  (A) any additional special assistance 
                (financial, in-kind, or host-country support) 
                pledged as a contribution to each of those 
                countries significantly affected by the Persian 
                Gulf crisis; and
                  (B) the value and a description of the types 
                of such assistance received by each such 
                country.
        The information provided pursuant to this paragraph 
        shall include information on such assistance as 
        reported to the Gulf Crisis Financial Coordination 
        Group.
          (3) Contributions to other military forces.--The 
        value and nature of any assistance (financial, in-kind, 
        or host-country support) made to each foreign country 
        referred to in paragraph (1), other than the United 
        States, to defray costs of military operations 
        conducted by the armed forces of such foreign country 
        in connection with Operation Desert Storm.
          (4) Contributions to international organizations.--
        Any information available on the value and nature of 
        contributions pledged--
                  (A) to any United Nations organization,
                  (B) to the International Committee of the Red 
                Cross, and
                  (C) to the extent the Secretary of State 
                considers appropriate, to other international 
                or nongovernmental organizations, for the 
                purpose of dealing with consequences of the 
                Persian Gulf crisis (including contributions 
                for such purposes as furnishing humanitarian 
                assistance for displaced persons or furnishing 
                assistance for responding to oil spills), and 
                the value and nature of such contributions 
                received by each such organization.
          (5) Other forms of contributions.--A description of 
        international agreements entered into by the United 
        States as a result of the Persian Gulf crisis, and a 
        description of prepositioning rights, base or other 
        military facilities access rights, or air transit 
        rights granted to the United States as a result of the 
        Persian Gulf crisis.
          (6) Contributions to other foreign countries.--Any 
        information available on the types of any additional 
        assistance (financial, in-kind, or host-country 
        support) pledged and received as a contribution to 
        other foreign countries as a result of the Persian Gulf 
        crisis.
          (7) Cumulative totals.--Each report submitted 
        pursuant to subsection (c) shall include cumulative 
        totals for, and any information available on the 
        aggregate value of, the contributions that have been 
        pledged, and the contributions that have been paid or 
        otherwise delivered, by each foreign country as of the 
        end of the calendar quarter covered by that report.
    (c) Submission of Reports.--
          (1) Time for submission, period covered.--(A) A 
        report prepared pursuant to subsection (a) shall be 
        submitted to the Congress not later than 30 days after 
        the date of the enactment of this Act with respect to 
        the contributions pledged and the contributions paid or 
        otherwise delivered during the period beginning on 
        August 1, 1990, and ending on December 31, 1990.
          (B) A report prepared pursuant to subsection (a) 
        shall be submitted to the Congress not later than 30 
        days after the date of the enactment of this Act with 
        respect to the contributions pledged and the 
        contributions paid or otherwise delivered during the 
        period beginning on January 1, 1991, and ending on 
        March 31, 1991.
          (C) Subsequent reports prepared pursuant to 
        subsection (a) shall be submitted to the Congress not 
        later than the 15th day after the end of each calendar 
        quarter in 1991 with respect to the contributions 
        pledged and the contributions paid or otherwise 
        delivered during that calendar quarter.
          (D) A final report shall be submitted to the Congress 
        not later than November 15, 1992, and shall contain a 
        summary of all information relating to the 
        contributions pledged and the contributions paid or 
        otherwise delivered that was included in reports 
        submitted under this paragraph.
    (d) Definitions.--In this section:
          (1) The term ``countries significantly affected by 
        the Persian Gulf crisis'' means Egypt, Jordan, Turkey, 
        and Israel, and any other country whose economy the 
        President determines is significantly affected by the 
        Persian Gulf crisis.
          (2) The term ``Persian Gulf crisis'' means the 
        military conflict, the United Nations Security Council 
        embargo against Iraq, and other consequences associated 
        with Iraq's invasion and occupation of Kuwait and its 
        failure to comply with the resolutions of the Security 
        Council.
          (3) The term ``Gulf Crisis Financial Coordination 
        Group'' means the organization established by the 
        President on September 25, 1990 for coordinating 
        economic assistance in response to the Persian Gulf 
        crisis.

SEC. 403. FORM OF REPORTS

    The reports required to be submitted to the Congress 
pursuant to this title shall be submitted in unclassified form 
to the extent practicable, with a classified annex if 
necessary.

      TITLE V--REPORT ON THE CONDUCT OF THE PERSIAN GULF CONFLICT

SEC. 501. DEPARTMENT OF DEFENSE REPORT ON THE CONDUCT OF THE PERSIAN 
                    GULF CONFLICT

    (a) Report Required.--Not later than January 15, 1992, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the conduct of the hostilities in the 
Persian Gulf theater of operations. The Secretary shall submit 
to such committees a preliminary report on the conduct of those 
hostilities not later than July 1, 1991. The report (including 
the preliminary report) shall be prepared in consultation with 
the Chairman of the Joint Chiefs of Staff and the Commander in 
Chief, United States Central Command.
    (b) Discussion of Accomplishments and Shortcomings.--The 
report (and the preliminary report, to the extent feasible) 
shall contain a discussion, with a particular emphasis on 
accomplishments and shortcomings, of the following matters:
          (1) The military objectives of the multinational 
        coalition.
          (2) The military strategy of the multinational 
        coalition to achieve those military objectives and how 
        the military strategy contributed to the achievement of 
        those objectives.
          (3) The deployment of United States forces and the 
        transportation of supplies to the theater of 
        operations, including an assessment of airlift, 
        sealift, afloat prepositioning ships, and Maritime 
        Prepositioning Squadron ships.
          (4) The conduct of military operations.
          (5) The use of special operations forces, including 
        operational and intelligence uses classified under 
        special access procedures.
          (6) The employment and performance of United States 
        military equipment, weapon systems, and munitions 
        (including items classified under special access 
        procedures) and an analysis of--
                  (A) any equipment or capabilities that were 
                in research and development and if available 
                could have been used in the theater of 
                operations; and
                  (B) any equipment or capabilities that were 
                available and could have been used but were not 
                introduced into the theater of operations.
          (7) The scope of logistics support, including support 
        from other nations, with particular emphasis on medical 
        support provided in the theater of operations.
          (8) The acquisition policy actions taken to support 
        the forces in the theater of operations.
          (9) The personnel management actions taken to support 
        the forces in the theater of operations.
          (10) The role of women in the theater of operations.
          (11) The effectiveness of reserve component forces, 
        including a discussion of each of the following 
        matters:
                  (A) The readiness and activation of such 
                forces.
                  (B) The decisionmaking process regarding both 
                activation of reserve component forces and 
                deployment of those forces to the theater of 
                operations.
                  (C) The post-activation training received by 
                such forces.
                  (D) The integration of forces and equipment 
                of reserve component forces into the active 
                component forces.
                  (E) The use and performance of the reserve 
                component forces in operations in the theater 
                of operations.
                  (F) The use and performance of such forces at 
                duty stations outside the theater of 
                operations.
          (12) The role of the law of armed conflict in the 
        planning and execution of military operations by United 
        States forces and the other coalition forces and the 
        effects on operations of Iraqi compliance or 
        noncompliance with the law of armed conflict, including 
        a discussion regarding each of the following matters:
                  (A) Taking of hostages.
                  (B) Treatment of civilians in occupied 
                territory.
                  (C) Collateral damage and civilian 
                casualties.
                  (D) Treatment of prisoners of war.
                  (E) Repatriation of prisoners of war.
                  (F) Use of ruses and acts of perfidy.
                  (G) War crimes.
                  (H) Environmental terrorism.
                  (I) Conduct of neutral nations.
          (13) The actions taken by the coalition forces in 
        anticipation of, and in response to, Iraqi acts of 
        environmental terrorism.
          (14) The contributions of United States and coalition 
        intelligence and counterintelligence systems and 
        personnel, including contributions regarding bomb 
        damage assessments and particularly including United 
        States tactical intelligence and related activities 
        (TIARA) programs.
          (15) Command, control, communications, and 
        operational security of the coalition forces as a 
        whole, and command, control, communications, and 
        operational security of the United States forces.
          (16) The rules of engagement for the coalition 
        forces.
          (17) The actions taken to reduce the casualties among 
        coalition forces caused by the fire of such forces.
          (18) The role of supporting combatant commands and 
        Defense Agencies of the Department of Defense.
          (19) The policies and procedures relating to the 
        media, including the use of media pools.
          (20) The assignment of roles and missions to the 
        United States forces and other coalition forces and the 
        performance of those forces in carrying out their 
        assigned roles and missions.
          (21) The preparedness, including doctrine and 
        training, of the United States forces.
          (22) The acquisition of foreign military technology 
        from Iraq, and any compromise of military technology of 
        the United States or other countries in the 
        multinational coalition.
          (23) The problems posed by Iraqi possession and use 
        of equipment produced in the United States and other 
        coalition nations.
          (24) The use of deception by Iraqi forces and by 
        coalition forces.
          (25) The military criteria used to determine when to 
        progress from one phase of military operations to 
        another phase of military operations, including 
        transition from air superiority operations to 
        operations focused on degrading Iraqi forces, 
        transition to large-scale ground offensive operations, 
        and transition to cessation of hostilities.
          (26) The effects on the conduct of United States 
        military operations resulting from the implementation 
        of the Goldwater-Nichols Department of Defense 
        Reorganization Act of 1986.
    (c) Casualty Statistics.--The report (and the preliminary 
report, to the extent feasible) shall also contain (1) the 
number of military and civilian casualties sustained by 
coalition nations, and (2) estimates of such casualties 
sustained by Iraq and by nations not directly participating in 
the hostilities in the Persian Gulf area during the Persian 
Gulf Conflict.
    (d) Classification of Reports.--The Secretary of Defense 
shall submit both the report and the preliminary report in a 
classified form and an unclassified form.

                      TITLE VI--GENERAL PROVISIONS

                            * * * * * * *

SEC. 606. SENSE OF CONGRESS CONCERNING BUSINESSES SEEKING TO 
                    PARTICIPATE IN THE REBUILDING OF KUWAIT

    (a) Findings.--The Congress finds as follows:
          (1) The Armed Forces of the United States, together 
        with allied forces, have successfully liberated Kuwait 
        and have restored the independence of that nation.
          (2) During the occupation of Kuwait by Iraq, much 
        damage was done to the infrastructure, environment, and 
        industrial capacity of Kuwait, and rebuilding of Kuwait 
        is desperately needed.
          (3) The principal test of a nation's commitment to 
        the liberation of Kuwait in the Persian Gulf conflict 
        was its willingness to provide military forces for the 
        liberation of Kuwait.
          (4) United States firms, including small and 
        minority-owned businesses, have expressed a significant 
        interest in participating in the rebuilding of Kuwait.
          (5) Small and minority-owned businesses face inherent 
        difficulties in competing in foreign markets and in 
        obtaining a share of contracts from foreign 
        governments, particularly those contracts that are 
        performed in distant parts of the world.
    (b) Sense of Congress Concerning Source Selection for 
Kuwait Contracts.--It is the sense of Congress that the Army 
Corps of Engineers and other Federal agencies should award 
contracts for the rebuilding of Kuwait, and, in recommending 
business firms to the Government of Kuwait for the award by it 
of such contracts, should encourage the Government of Kuwait to 
award such contracts, in accordance with the following 
priority:
          (1) First, to United States firms, including small 
        and minority-owned businesses, that are committed to 
        employing United States workers under the contract.
          (2) Second, to other United States firms.
          (3) Then, to firms from allied nations that committed 
        military forces to the liberation of Kuwait during the 
        Persian Gulf conflict.
    (c) Sense of Congress Concerning Selection of 
Subcontractors for Kuwait Contracts.--It is the sense of 
Congress that, when making recommendations to any contractor 
awarded a contract referred to in subsection (b) concerning the 
selection of firms for subcontracts under such contract, the 
Army Corps of Engineers shall encourage the contractor to 
select a firm or firms for the subcontract in accordance with 
the priority set out in subsection (b).
    (d) Sense of Congress Concerning Employees Under Kuwait 
Rebuilding Contracts.--It is the sense of Congress that any 
United States firm that receives a contract pertaining to the 
rebuilding of Kuwait--
          (1) should employ United States citizens to carry out 
        the contract; and
          (2) should provide a preference to veterans of the 
        Armed Forces in hiring for work on the contract.
    (e) Sense of Congress Concerning Small and Minority-Owned 
Business Participation in Kuwait Rebuilding Contracts.--It is 
the sense of Congress that--
          (1) the President, acting through the appropriate 
        Government agencies (including particularly the 
        agencies that will be engaged in source selections or 
        source recommendations as described in subsection (b)), 
        should take steps to provide assistance to United 
        States small and minority-owned businesses seeking to 
        be awarded contracts as part of the rebuilding of 
        Kuwait;
          (2) the Administrator of the Small Business 
        Administration and other appropriate Federal officials 
        should conduct a public information campaign to advise 
        small and minority-owned business firms with respect to 
        contracts for the rebuilding of Kuwait; and
          (3) United States firms that are awarded contracts 
        pertaining to the rebuilding of Kuwait should, to the 
        maximum extent practicable, seek to award subcontracts 
        for such contracts to United States small and minority-
        owned business firms.
    (f)\10\ * * * [Repealed--1995]
---------------------------------------------------------------------------
    \10\Sec. 1021(c) of Public Law 104-66 (109 Stat. 707) repealed 
subsec. (f), which had required the President to report to Congress 
every four months on contracting for the rebuilding of Kuwait.
---------------------------------------------------------------------------

SEC. 607. SENSE OF CONGRESS REGARDING USE OF UNITED STATES FUNDS FOR 
                    REBUILDING IRAQ

    It is the sense of Congress that none of the funds 
appropriated or otherwise made available by any provision of 
law may be obligated or expended, directly or indirectly, for 
the purpose of rebuilding Iraq while Saddam Hussein remains in 
power in Iraq.

SEC. 608.\11\ WITHHOLDING OF PAYMENTS TO INDIRECT-HIRE CIVILIAN 
                    PERSONNEL OF NONPAYING PLEDGING NATIONS

    (a) General Rule.--Effective as of the end of the six-month 
period beginning on the date of the enactment of this Act, the 
Secretary of Defense shall withhold payments to any nonpaying 
pledging nation that would otherwise be paid as reimbursements 
for expenses of indirect-hire civilian personnel of the 
Department of Defense in that nation.
---------------------------------------------------------------------------
    \11\10 U.S.C. 113 note.
---------------------------------------------------------------------------
    (b) Nonpaying Pledging Nation Defined.--For purposes of 
this section, the term ``nonpaying pledging nation'' means a 
foreign nation that has pledged to the United States that it 
will make contributions to assist the United States in 
defraying the incremental costs of Operation Desert Shield and 
which has not paid to the United States the full amount so 
pledged.
    (c) Release of Withheld Amounts.--When a nation affected by 
subsection (a) has paid to the United States the full amount 
pledged, the Secretary of Defense shall release the amounts 
withheld from payment pursuant to subsection (a).
    (d) Waiver Authority.--The Secretary of Defense may waive 
the requirement in subsection (a) upon certification to 
Congress that the waiver is required in the national security 
interests of the United States.
          * * * * * * *

TITLE VIII--AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR DEPARTMENT 
       OF ENERGY NATIONAL SECURITY PROGRAMS FOR FISCAL YEAR 1991

SEC. 801. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR OPERATING 
                    EXPENSES

    There is hereby authorized to be appropriated for fiscal 
year 1991 for operating expenses incurred in carrying out 
national security programs (including scientific research and 
development in support of the Armed Forces, strategic and 
critical materials necessary for the common defense, and 
military applications of nuclear energy and related management 
and support activities) for weapons activities production and 
surveillance, $283,0900,000.
          * * * * * * *

SEC. 803. APPLICABILITY OF RECURRING GENERAL PROVISIONS

    The provisions contained in part B of title XXXI of the 
National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101-510; 104 Stat. 1829) shall apply with respect to the 
authorizations provided in this title in the same manner as 
such provisions apply with respect to the authorizations 
provided in title XXXI of such Act.
          * * * * * * *
  (4) Foreign Relations Persian Gulf Conflict Emergency Supplemental 
                 Authorization Act, Fiscal Year 1991\1\

 Partial text of Public Law 102-20 [H.R. 1176], 105 Stat. 68, approved 
                             March 27, 1991

 AN ACT To provide authorizations for supplemental appropriations for 
    fiscal year 1991 for the Department of State and the Agency for 
 International Development for certain emergency costs associated with 
           the Persian Gulf conflict, 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.

    This Act may be cited as the ``Foreign Relations Persian 
Gulf Conflict Emergency Supplemental Authorization Act, Fiscal 
Year 1991''.
---------------------------------------------------------------------------
    \1\See also Legislation on Foreign Relations Through 1997, vol. II, 
sec. D.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 6. BURDENSHARING.

    The Congress--
    (1) takes note of the commendable efforts on the part of 
the President and the Secretary of State to encourage our 
allies to assist financially in the effort to liberate Kuwait; 
and
    (2) calls on the President and the Secretary of State to 
take such actions as are necessary to ensure that the 
burdensharing promises made to the American people by our 
allies are fulfilled.
                     (5) Iraq Sanctions Act of 1990

    Partial text of Public Law 101-513 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 1991; H.R. 5114], 
           104 Stat. 1979 at 2047, approved November 5, 1990

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

          * * * * * * *

                       IRAQ SANCTIONS ACT OF 1990

SEC. 586. SHORT TITLE.

  Sections 586 through 586J of this Act may be cited as the 
``Iraq Sanctions Act of 1990''.

SEC. 586A. DECLARATIONS REGARDING IRAQ'S INVASION OF KUWAIT.

  The Congress--
          (1) condemns Iraq's invasion of Kuwait on August 2, 
        1990;
          (2) supports the actions that have been taken by the 
        President in response to that invasion;
          (3) calls for the immediate and unconditional 
        withdrawal of Iraqi forces from Kuwait;
          (4) supports the efforts of the United Nations 
        Security Council to end this violation of international 
        law and threat to international peace;
          (5) supports the imposition and enforcement of 
        multilateral sanctions against Iraq;
          (6) calls on United States allies and other countries 
        to support fully the efforts of the United Nations 
        Security Council, and to take other appropriate 
        actions, to bring about an end to Iraq's occupation of 
        Kuwait; and
          (7) condemns the brutal occupation of Kuwait by Iraq 
        and its gross violations of internationally recognized 
        human rights in Kuwait, including widespread arrests, 
        torture, summary executions, and mass extrajudicial 
        killings.

SEC. 586B. CONSULTATIONS WITH CONGRESS.

  The President shall keep the Congress fully informed, and 
shall consult with the Congress, with respect to current and 
anticipated events regarding the international crisis caused by 
Iraq's invasion of Kuwait, including with respect to United 
States actions.

SEC. 586C. TRADE EMBARGO AGAINST IRAQ.

  (a) Continuation of Embargo.--Except as otherwise provided in 
this section, the President shall continue to impose the trade 
embargo and other economic sanctions with respect to Iraq and 
Kuwait that the United States is imposing, in response to 
Iraq's invasion of Kuwait, pursuant to Executive Orders 
Numbered 12724 and 12725 (August 9, 1990) and, to the extent 
they are still in effect, Executive Orders Numbered 12722 and 
12723\1\ (August 2, 1990). Notwithstanding any other provision 
of law, no funds, credits, guarantees, or insurance 
appropriated or otherwise made available by this or any other 
Act for fiscal year 1991 or any fiscal year thereafter shall be 
used to support or administer any financial or commercial 
operation of any United States Government department, agency, 
or other entity, or of any person subject to the jurisdiction 
of the United States, for the benefit of the Government of 
Iraq, its agencies or instrumentalities, or any person working 
on behalf of the Government of Iraq, contrary to the trade 
embargo and other economic sanctions imposed in accordance with 
this section.
---------------------------------------------------------------------------
    \1\Executive Orders 12723 and 12725, relating to Kuwait, were 
revoked by Executive Order 12771 of July 25, 1991 (56 F.R. 35993; July 
29, 1991). The national emergency with respect to Iraq detailed in 
Executive Orders 12722 and 12724 was extended by unnumbered notice on 
July 26, 1991 (56 F.R. 35995; July 29, 1991).
---------------------------------------------------------------------------
  (b) Humanitarian Assistance.--To the extent that transactions 
involving foodstuffs or payments for foodstuffs are exempted 
``in humanitarian circumstances'' from the prohibitions 
established by the United States pursuant to United Nations 
Security Council Resolution 661 (1990), those exemptions shall 
be limited to foodstuffs that are to be provided consistent 
with United Nations Security Council Resolution 666 (1990) and 
other relevant Security Council resolutions.\2\
---------------------------------------------------------------------------
    \2\United Nations Security Council Resolution 678, adopted November 
29, 1990, recalled and reaffirmed the intentions of earlier U.N. 
resolutions relating to Iraq's invasion of Kuwait on August 2, 1990. 
Earlier resolutions, in part: condemned the Iraqi invasion of Kuwait, 
demanded that Iraq withdraw immediately and unconditionally from 
Kuwait, called upon Iraq and Kuwait to begin negotiations for the 
resolution of their differences (Resolution 660 adopted August 2, 
1990); prevented trade relations between Iraq and U.N. Member States, 
or the import of any Iraqi or Kuwaiti products, and established a 
Committee of the Security Council to examine progress of this trade 
embargo (Resolution 661 adopted August 6, 1990); determined that the 
annexation of Kuwait by Iraq had no legal validity (Resolution 662 of 
August 9, 1990); demanded that Iraq facilitate and permit the immediate 
departure from Kuwait and Iraq of third country citizens (Resolution 
664 adopted August 18, 1990); called upon Member States to blockade 
maritime activity to the region (Resolution 665 adopted August 25, 
1990); considered an exemption of the trade embargo for foodstuffs to 
Iraq and Kuwait (Resolution 666 adopted September 13, 1990); condemned 
Iraq's aggressions against international diplomatic premises and 
personnel in Kuwait (Resolution 667 adopted September 16, 1990); 
expanded responsibilities of the Committee established under Resolution 
661 (Resolution 669 adopted September 14, 1990); further defined the 
trade embargo to include air traffic, and called upon Member States to 
detain Iraqi ships in port (Resolution 670 adopted September 25, 1990); 
condemned the taking of third nation nationals hostage, and condemned 
the destruction of Kuwaiti property by Iraq (Resolution 674 adopted 
October 29, 1990); and condemned Iraqi attempts to alter the 
demographic composition of the Kuwaiti population (Resolution 677 
adopted November 28, 1990).
    Resolution 678, adopted by the U.N. Security Council on November 
29, 1990, in part:
    ``Demands that Iraq comply fully with resolutions 660 (1990) and 
all subsequent relevant resolutions, and decides, while maintaining all 
its decisions, to allow Iraq one final opportunity, as a pause of 
goodwill, to do so;
    ``Authorizes Member States cooperating with the Government of 
Kuwait, unless Iraq on or before 15 January 1991 fully implements, as 
set forth in paragraph 1 above, the foregoing resolutions, to use all 
necessary means to uphold and implement resolution 660 (1990) and all 
subsequent relevant resolutions and to restore international peace and 
security in the area;''.
---------------------------------------------------------------------------
  (c) Notice to Congress of Exceptions to and Termination of 
Sanctions.--
          (1) Notice of regulations.--Any regulations issued 
        after the date of enactment of this Act with respect to 
        the economic sanctions imposed with respect to Iraq and 
        Kuwait by the United States under Executive Orders 
        Numbered 12722 and 12723 (August 2, 1990) and Executive 
        Orders Numbered 12724 and 12725 (August 9, 1990)\1\ 
        shall be submitted to the Congress before those 
        regulations take effect.
          (2) Notice of termination of sanctions.--The 
        President shall notify the Congress at least 15 days 
        before the termination, in whole or in part, of any 
        sanction imposed with respect to Iraq or Kuwait 
        pursuant to those Executive orders.
  (d) Relation to Other Laws.--
          (1) Sanctions legislation.--The sanctions that are 
        described in subsection (a) are in addition to, and not 
        in lieu of the sanctions provided for in section 586G 
        of this Act or any other provision of law.
          (2) National emergencies and united nations 
        legislation.--Nothing in this section supersedes any 
        provision of the National Emergencies Act or any 
        authority of the President under the International 
        Emergency Economic Powers Act or section 5(a) of the 
        United Nations Participation Act of 1945.

SEC. 586D.\3\ COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ.

  (a) Denial of Assistance.--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--
---------------------------------------------------------------------------
    \3\In Presidential Determination No. 91-46 of July 13, 1991, the 
President invoked the authority of this section when he determined and 
certified ``that assistance for Jordan under chapter 4 of part II of 
the Foreign Assistance Act of 1961, as amended, and under section 23 of 
the Arms Export Control Act, is in the national interest of the United 
States.''. He further determined, by virtue of authority given in sec. 
502(c) of Public Law 102-27, that such assistance ``would be beneficial 
to the peace process in the Middle East'' (56 F.R. 33839; July 24, 
1991).
    In Presidential Determination No. 91-53 of September 16, 1991, the 
President made the same determinations regarding assistance for Jordan 
under chapter 5 of part II of the Foreign Assistance Act of 1961, as 
amended (56 F.R. 49837; October 2, 1991).
---------------------------------------------------------------------------
          (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.
  (b) Import Sanctions.--If the President considers that the 
taking of such action would promote the effectiveness of the 
economic sanctions of the United Nations and the United States 
imposed with respect to Iraq, and is consistent with the 
national interest, the President may prohibit, for such a 
period of time as he considers appropriate, the importation 
into the United States of any or all products of any foreign 
country that has not prohibited--
          (1) the importation of products of Iraq into its 
        customs territory, and
          (2) the export of its products to Iraq.

SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO.

  Notwithstanding section 206 of the International Emergency 
Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the 
United Nations Participation Act of 1945\4\ (22 U.S.C. 
287c(b))--
---------------------------------------------------------------------------
    \4\See Legislation on Foreign Relations Through 1997, vol. III; and 
Legislation on Foreign Relations Through 1997, vol. II, respectively.
---------------------------------------------------------------------------
          (1) a civil penalty of not to exceed $250,000 may be 
        imposed on any person who, after the date of enactment 
        of this Act, violates or evades or attempts to violate 
        or evade Executive Order Numbered 12722, 12723, 12724, 
        or 12725\1\ or any license, order, or regulation issued 
        under any such Executive order; and
          (2) whoever, after the date of enactment of this Act, 
        willfully violates or evades or attempts to violate or 
        evade Executive Order Numbered 12722, 12723, 12724, or 
        12725\1\ or any license, order, or regulation issued 
        under any such Executive order--
                  (A) shall, upon conviction, be fined not more 
                than $1,000,000, if a person other than a 
                natural person; or
                  (B) if a natural person, shall, upon 
                conviction, be fined not more than $1,000,000, 
                be imprisoned for not more than 12 years, or 
                both.
Any officer, director, or agent of any corporation who 
knowingly participates in a violation, evasion, or attempt 
described in paragraph (2) may be punished by imposition of the 
fine or imprisonment (or both) specified in subparagraph (B) of 
that paragraph.

SEC. 586F. DECLARATIONS REGARDING IRAQ'S LONG-STANDING VIOLATIONS OF 
                    INTERNATIONAL LAW.

  (a) Iraq's Violations of International Law.--The Congress 
determines that--
          (1) the Government of Iraq has demonstrated repeated 
        and blatant disregard for its obligations under 
        international law by violating the Charter of the 
        United Nations, the Protocol for the Prohibition of the 
        Use in War of Asphyxiating, Poisonous or Other Gases, 
        and of Bacteriological Methods of Warfare (done at 
        Geneva, June 17, 1925), as well as other international 
        treaties;
          (2) the Government of Iraq is a party to the 
        International Covenant on Civil and Political Rights 
        and the International Covenant on Economic, Social, and 
        Cultural Rights and is obligated under the Covenants, 
        as well as the Universal Declaration of Human Rights, 
        to respect internationally recognized human rights;
          (3) the State Department's Country Reports on Human 
        Rights Practices for 1989 again characterizes Iraq's 
        human rights record as ``abysmal'';
          (4) Amnesty International, Middle East Watch, and 
        other independent human rights organizations have 
        documented extensive, systematic, and continuing human 
        rights abuses by the Government of Iraq, including 
        summary executions, mass political killings, 
        disappearances, widespread use of torture, arbitrary 
        arrests and prolonged detention without trial of 
        thousands of political opponents, forced relocation and 
        deportation, denial of nearly all civil and political 
        rights such as freedom of association, assembly, 
        speech, and the press, and the imprisonment, torture, 
        and execution of children;
          (5) since 1987, the Government of Iraq has 
        intensified its severe repression of the Kurdish 
        minority of Iraq, deliberately destroyed more than 
        3,000 villages and towns in the Kurdish regions, and 
        forcibly expelled more than 500,000 people, thus 
        effectively depopulating the rural areas of Iraqi 
        Kurdistan;
          (6) Iraq has blatantly violated international law by 
        initiating use of chemical weapons in the Iran-Iraq 
        war;
          (7) Iraq has also violated international law by using 
        chemical weapons against its own Kurdish citizens, 
        resulting in tens of thousands of deaths and more than 
        65,000 refugees;
          (8) Iraq continues to expand its chemical weapons 
        capability, and President Saddam Hussein has threatened 
        to use chemical weapons against other nations;
          (9) persuasive evidence exists that Iraq is 
        developing biological weapons in violation of 
        international law;
          (10) there are strong indications that Iraq has taken 
        steps to produce nuclear weapons and has attempted to 
        smuggle from the United States, in violation of United 
        States law, components for triggering devices used in 
        nuclear warheads whose manufacture would contravene the 
        Treaty on the Non-Proliferation of Nuclear Weapons, to 
        which Iraq is a party; and
          (11) Iraqi President Saddam Hussein has threatened to 
        use terrorism against other nations in violation of 
        international law and has increased Iraq's support for 
        the Palestine Liberation Organization and other 
        Palestinian groups that have conducted terrorist acts.
  (b) Human Rights Violations.--The Congress determines that 
the Government of Iraq is engaged in a consistent pattern of 
gross violations of internationally recognized human rights. 
All provisions of law that impose sanctions against a country 
whose government is engaged in a consistent pattern of gross 
violations of internationally recognized human rights shall be 
fully enforced against Iraq.
  (c) Support for International Terrorism.--(1) The Congress 
determines that Iraq is a country which has repeatedly provided 
support for acts of international terrorism, a country which 
grants sanctuary from prosecution to individuals or groups 
which have committed an act of international terrorism, and a 
country which otherwise supports international terrorism. The 
provisions of law specified in paragraph (2) and all other 
provisions of law that impose sanctions against a country which 
has repeatedly provided support for acts of international 
terrorism, which grants sanctuary from prosecution to an 
individual or group which has committed an act of international 
terrorism, or which otherwise supports international terrorism 
shall be fully enforced against Iraq.
  (2) The provisions of law referred to in paragraph (1) are--
          (A) section 40 of the Arms Export Control Act;
          (B) section 620A of the Foreign Assistance Act of 
        1961;
          (C) sections 555 and 556 of this Act (and the 
        corresponding sections of predecessor foreign 
        operations appropriations Acts); and
          (D) section 555 of the International Security and 
        Development Cooperation Act of 1985.
  (d) Multilateral Cooperation.--The Congress calls on the 
President to seek multilateral cooperation--
          (1) to deny dangerous technologies to Iraq;
          (2) to induce Iraq to respect internationally 
        recognized human rights; and
          (3) to induce Iraq to allow appropriate international 
        humanitarian and human rights organizations to have 
        access to Iraq and Kuwait, including the areas in 
        northern Iraq traditionally inhabited by Kurds.

SEC. 586G. SANCTIONS AGAINST IRAQ.

  (a)\5\ Imposition.--Except as provided in section 586H, the 
following sanctions shall apply with respect to Iraq:
---------------------------------------------------------------------------
    \5\Sec. 1603 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2752) provided the following:
    ``sec. 1603. application to iran of certain iraq sanctions.
    ``The sanctions against Iraq specified in paragraphs (1) through 
(4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as contained 
in Public Law 101-513), including denial of export licenses for United 
States persons and prohibitions on United States Government sales, 
shall be applied to the same extent and in the same manner with respect 
to Iran.''.
    See title XVI of that Act--Iran-Iraq Arms Non-Proliferation Act of 
1992.
---------------------------------------------------------------------------
          (1) FMS sales.--The United States Government shall 
        not enter into any sale with Iraq under the Arms Export 
        Control Act.
          (2) Commercial arms sales.--Licenses shall not be 
        issued for the export to Iraq of any item on the United 
        States Munitions List.
          (3) Exports of certain goods and technology.--The 
        authorities of section 6 of the Export Administration 
        Act of 1979 (50 U.S.C. App. 2405) shall be used to 
        prohibit the export to Iraq of any goods or technology 
        listed pursuant to that section or section 5(c)(1) of 
        that Act (50 U.S.C. App. 2404(c)(1)) on the control 
        list provided for in section 4(b) of that Act (50 
        U.S.C. App. 2403(b)).
          (4) Nuclear equipment, materials, and technology.--
                  (A) NRC licenses.--The Nuclear Regulatory 
                Commission shall not issue any license or other 
                authorization under the Atomic Energy Act of 
                1954 (42 U.S.C. 2011 and following) for the 
                export to Iraq of any source or special nuclear 
                material, any production or utilization 
                facility, any sensitive nuclear technology, any 
                component, item, or substance determined to 
                have significance for nuclear explosive 
                purposes pursuant to section 109b. of the 
                Atomic Energy Act of 1954 (42 U.S.C. 2139(b)), 
                or any other material or technology requiring 
                such a license or authorization.
                  (B) Distribution of nuclear materials.--The 
                authority of the Atomic Energy Act of 1954 
                shall not be used to distribute any special 
                nuclear material, source material, or byproduct 
                material to Iraq.
                  (C) DOE authorizations.--The Secretary of 
                Energy shall not provide a specific 
                authorization under section 57b. (2) of the 
                Atomic Energy Act of 1954 (42 U.S.C. 
                2077(b)(2)) for any activity that would 
                constitute directly or indirectly engaging in 
                Iraq in activities that require a specific 
                authorization under that section.
          (5) Assistance from international financial 
        institutions.--The United States shall oppose any loan 
        or financial or technical assistance to Iraq by 
        international financial institutions in accordance with 
        section 701 of the International Financial Institutions 
        Act (22 U.S.C. 262d).
          (6) Assistance through the export-import bank.--
        Credits and credit guarantees through the Export-Import 
        Bank of the United States shall be denied to Iraq.
          (7) Assistance through the commodity credit 
        corporation.--Credit, credit guarantees, and other 
        assistance through the Commodity Credit Corporation 
        shall be denied to Iraq.
          (8) Foreign assistance.--All forms of assistance 
        under the Foreign Assistance Act of 1961 (22 U.S.C. 
        2151 and following) other than emergency assistance for 
        medical supplies and other forms of emergency 
        humanitarian assistance, and under the Arms Export 
        Control Act (22 U.S.C. 2751 and following) shall be 
        denied to Iraq.
  (b) Contract Sanctity.--For purposes of the export controls 
imposed pursuant to subsection (a)(3), the date described in 
subsection (m)(1) of section 6 of the Export Administration Act 
of 1979 (50 U.S.C. App. 2405) shall be deemed to be August 1, 
1990.

SEC. 586H. WAIVER AUTHORITY.

  (a) In General.--The President may waive the requirements of 
any paragraph of section 586G(a) if the President makes a 
certification under subsection (b) or subsection (c).
  (b) Certification of Fundamental Changes in Iraqi Policies 
and Actions.--The authority of subsection (a) may be exercised 
60 days after the President certifies to the Congress that--
          (1) the Government of Iraq--
                  (A) has demonstrated, through a pattern of 
                conduct, substantial improvement in its respect 
                for internationally recognized human rights;
                  (B) is not acquiring, developing, or 
                manufacturing (i) ballistic missiles, (ii) 
                chemical, biological, or nuclear weapons, or 
                (iii) components for such weapons; has forsworn 
                the first use of such weapons; and is taking 
                substantial and verifiable steps to destroy or 
                otherwise dispose of any such missiles and 
                weapons it possesses; and
                  (C) does not provide support for 
                international terrorism;
          (2) the Government of Iraq is in substantial 
        compliance with its obligations under international 
        law, including--
                  (A) the Charter of the United Nations;
                  (B) the International Covenant on Civil and 
                Political Rights (done at New York, December 
                16, 1966) and the International Covenant on 
                Economic, Social, and Cultural Rights (done at 
                New York, December 16, 1966);
                  (C) the Convention on the Prevention and 
                Punishment of the Crime of Genocide (done at 
                Paris, December 9, 1948);
                  (D) the Protocol for the Prohibition of the 
                Use in War of Asphyxiating, Poisonous or Other 
                Gases, and of Bacteriological Methods of 
                Warfare (done at Geneva, June 17, 1925);
                  (E) the Treaty on the Non-Proliferation of 
                Nuclear Weapons (done at Washington, London, 
                and Moscow, July 1, 1968); and
                  (F) 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, April 10, 1972); and
           (3) the President has determined that it is 
        essential to the national interests of the United 
        States to exercise the authority of subsection (a).
  (c) Certification of Fundamental Changes in Iraqi Leadership 
and Policies.--The authority of subsection (a) may be exercised 
30 days after the President certifies to the Congress that--
          (1) there has been a fundamental change in the 
        leadership of the Government of Iraq; and
          (2) the new Government of Iraq has provided reliable 
        and credible assurance that--
                  (A) it respects internationally recognized 
                human rights and it will demonstrate such 
                respect through its conduct;
                  (B) it is not acquiring, developing, or 
                manufacturing and it will not acquire, develop, 
                or manufacture (i) ballistic missiles, (ii) 
                chemical, biological, or nuclear weapons, or 
                (iii) components for such weapons; has forsworn 
                the first use of such weapons; and is taking 
                substantial and verifiable steps to destroy or 
                otherwise dispose of any such missiles and 
                weapons it possesses;
                  (C) it is not and will not provide support 
                for international terrorism; and
                  (D) it is and will continue to be in 
                substantial compliance with its obligations 
                under international law, including all the 
                treaties specified in subparagraphs (A) through 
                (F) of subsection (b)(2).
  (d) Information To Be Included in Certifications.--Any 
certification under subsection (b) or (c) shall include the 
justification for each determination required by that 
subsection. The certification shall also specify which 
paragraphs of section 586G(a) the President will waive pursuant 
to that certification.

SEC. 586I. DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES 
                    ASSISTING IRAQ'S ROCKET OR CHEMICAL, BIOLOGICAL, OR 
                    NUCLEAR WEAPONS CAPABILITY.

  (a) Restriction on Export Licenses.--None of the funds 
appropriated by this or any other Act may be used to approve 
the licensing for export of any supercomputer to any country 
whose government the President determines is assisting, or 
whose government officials the President determines are 
assisting, Iraq to improve its rocket technology or chemical, 
biological, or nuclear weapons capability.
  (b) Negotiations.--The President is directed to begin 
immediate negotiations with those governments with which the 
United States has bilateral supercomputer agreements, including 
the Government of the United Kingdom and the Government of 
Japan, on conditions restricting the transfer to Iraq of 
supercomputer or associated technology.

SEC. 586J. REPORTS TO CONGRESS.

  (a) Study and Report on the International Export to Iraq of 
Nuclear, Biological, Chemical, and Ballistic Missile 
Technology.--(1) The President shall conduct a study on the 
sale, export, and third party transfer or development of 
nuclear, biological, chemical, and ballistic missile technology 
to or with Iraq including--
          (A) an identification of specific countries, as well 
        as companies and individuals, both foreign and 
        domestic, engaged in such sale or export of, nuclear, 
        biological, chemical, and ballistic missile technology;
          (B) a detailed description and analysis of the 
        international supply, information, support, and 
        coproduction network, individual, corporate, and state, 
        responsible for Iraq's current capability in the area 
        of nuclear, biological, chemical, and ballistic missile 
        technology; and
          (C) a recommendation of standards and procedures 
        against which to measure and verify a decision of the 
        Government of Iraq to terminate the development, 
        production, coproduction, and deployment of nuclear, 
        biological, chemical, and offensive ballistic missile 
        technology as well as the destruction of all existing 
        facilities associated with such technologies.
  (2) The President shall include in the study required by 
paragraph (1) specific recommendations on new mechanisms, to 
include, but not be limited to, legal, political, economic and 
regulatory, whereby the United States might contribute, in 
conjunction with its friends, allies, and the international 
community, to the management, control, or elimination of the 
threat of nuclear, biological, chemical, and ballistic missile 
proliferation.
  (3) Not later than March 30, 1991, the President shall submit 
to the Committee on Appropriations and the Committee on Foreign 
Relations of the Senate and the Committee on Appropriations and 
the Committee on Foreign Affairs\6\ of the House of 
Representatives, a report, in both classified and unclassified 
form, setting forth the findings of the study required by 
paragraph (1) of this subsection.
---------------------------------------------------------------------------
    \6\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) Study and Report on Iraq's Offensive Military 
Capability.--(1) The President shall conduct a study on Iraq's 
offensive military capability and its effect on the Middle East 
balance of power including an assessment of Iraq's power 
projection capability, the prospects for another sustained 
conflict with Iran, joint Iraqi-Jordanian military cooperation, 
the threat Iraq's arms transfer activities pose to United 
States allies in the Middle East, and the extension of Iraq's 
political-military influence into Africa and Latin America.
  (2) Not later than March 30, 1991, the President shall submit 
to the Committee on Appropriations and the Committee on Foreign 
Relations of the Senate and the Committee on Appropriations and 
the Committee on Foreign Affairs\6\ of the House of 
Representatives, a report, in both classified and unclassified 
form, setting forth the findings of the study required by 
paragraph (1).
  (c) Report on Sanctions Taken by Other Nations Against 
Iraq.--(1) The President shall prepare a report on the steps 
taken by other nations, both before and after the August 2, 
1990, invasion of Kuwait, to curtail the export of goods, 
services, and technologies to Iraq which might contribute to, 
or enhance, Iraq's nuclear, biological, chemical, and ballistic 
missile capability.
  (2) The President shall provide a complete accounting of 
international compliance with each of the sanctions resolutions 
adopted by the United Nations Security Council against Iraq 
since August 2, 1990, and shall list, by name, each country 
which to his knowledge, has provided any assistance to Iraq and 
the amount and type of that assistance in violation of each 
United Nations resolution.\2\
  (3) The President shall make every effort to encourage other 
nations, in whatever forum or context, to adopt sanctions 
toward Iraq similar to those contained in this section.
  (4) Not later than every 6 months after the date of enactment 
of this Act, the President shall submit to the Committee on 
Appropriations and the Committee on Foreign Relations of the 
Senate and the Committee on Appropriations and the Committee on 
Foreign Affairs\6\ of the House of Representatives, a report in 
both classified and unclassified form, setting forth the 
findings of the study required by paragraph (1) of this 
subsection.
          * * * * * * *
     (6) Budget Enforcement Act of 1990--Emergency Appropriations 
                              Requirements

  Partial text of Public Law 101-508 [Budget Enforcement Act of 1990, 
   title XIII of the Omnibus Budget Reconciliation Act of 1990; H.R. 
5835], 104 Stat. 1388, approved November 5, 1990; amended by Public Law 
     103-354 [Crop Insurance Reform and Department of Agriculture 
 Reorganization Act; H.R. 4217], 108 Stat. 3178, approved October 13, 
                                  1994

   AN ACT To provide for reconciliation pursuant to section 4 of the 
       concurrent resolution on the budget for fiscal year 1991.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Omnibus Budget 
Reconciliation Act of 1990''.
          * * * * * * *

                     TITLE XIII--BUDGET ENFORCEMENT

SEC. 13001. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This title may be cited as the ``Budget 
Enforcement Act of 1990''.
          * * * * * * *

PART I--AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL 
                              ACT OF 1985

SEC. 13101. SEQUESTRATION.

    (a) Sections 250 through 254.--Sections 251 (except for 
subsection (a)(6)(I)) through 254 of part C of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 
et seq.) are amended to read as follows:
          * * * * * * *

``SEC. 251. ENFORCING DISCRETIONARY SPENDING LIMITS.

    ``(a) * * *
    ``(b) Adjustments to Discretionary Spending Limits.--(1) * 
* *
    ``(2) When OMB submits a sequestration report under section 
254(g) or (h) for fiscal year 1991, 1992, 1993, 1994, or 1995 
(except as otherwise indicated), OMB shall calculate (in the 
order set forth below), and the sequestration report, and 
subsequent budgets submitted by the President under section 
1105(a) of title 31, United States Code, shall include, 
adjustments to discretionary spending limits (and those limits 
as adjusted) for the fiscal year and each succeeding year 
through 1995, as follows:
          * * * * * * *
    ``(D) Emergency appropriations.--(i) If, for fiscal years 
1991, 1992, 1993, 1994, or 1995, appropriations for 
discretionary accounts are enacted that the President 
designates as emergency requirements and that the Congress so 
designates in statute, the adjustment shall be the total of 
such appropriations in discretionary accounts designated as 
emergency requirements and the outlays flowing in all years 
from such appropriations. This subparagraph shall not apply to 
appropriations to cover agricultural crop disaster 
assistance.\1\
---------------------------------------------------------------------------
    \1\Sec. 119(d)(1) of Public Law 103-354 (108 Stat. 3208) added the 
last sentence in subpar. (i).
---------------------------------------------------------------------------
    ``(ii) The costs for Operation Desert Shield are to be 
treated as emergency funding requirements not subject to the 
defense spending limits. Funding for Desert Shield will be 
provided through the normal legislative process. Desert Shield 
costs should be accommodated through Allied burden-sharing, 
subsequent appropriation Acts, and if the President so chooses, 
through offsets within other defense accounts. Emergency Desert 
Shield costs mean those incremental costs associated with the 
increase in operations in the Middle East and do not include 
costs that would be experienced by the Department of Defense as 
part of its normal operations absent Operation Desert Shield.''
          * * * * * * *
      b. Assistance to Eastern Europe and the Former Soviet Union

(1) Act For Reform In Emerging New Democracies and Support and Help for 
 Improved Partnership with Russia, Ukraine, and Other New Independent 
                                 States

                             FRIENDSHIP Act

    Partial text of Public Law 103-199 [H.R. 3000], 107 Stat. 2317, 
                       approved December 17, 1993

_______________________________________________________________________

          Note.--The FRIENDSHIP Act amends several Public Laws 
        presented in Legislation on Foreign Relations Through 
        1997.
          In volume I-A, see: Foreign Assistance Act of 1961; 
        Arms Export Control Act; International Security 
        Assistance and Arms Export Control Act of 1976; 
        International Security Assistance Act of 1978; and 
        International Security and Development Cooperation Act 
        of 1981.
          In volume I-B, see: Department of Defense 
        Appropriations Authorization Act, 1975; Department of 
        Defense Authorization Act, 1986; National Defense 
        Authorization Act, Fiscal Year 1987; National Defense 
        Authorization Act for Fiscal Years 1988 and 1989; 
        National Defense Authorization Act, Fiscal Year 1989; 
        and Joint Resolution of August 8, 1985 relating to 
        U.S./Soviet communications.
          In volume II, see: Department of State Authorization 
        Act, Fiscal Years 1982 and 1983; Foreign Relations 
        Authorization Act, Fiscal Years 1986 and 1987; Foreign 
        Relations Authorization Act, Fiscal Years 1988 and 
        1989; Foreign Relations Authorization Act, Fiscal Years 
        1990 and 1991; Foreign Relations Authorization Act, 
        Fiscal Years 1992 and 1993; Mutual Educational and 
        Cultural Exchange Act of 1961; Soviet-Eastern European 
        Research and Training Act of 1983; Fascell Fellowship 
        Act; Board for International Broadcasting Authorization 
        Act, Fiscal Years 1984 and 1985; Arms Control and 
        Disarmament Act; and Foreign Service Buildings Act, 
        1926.
          In volume III, see: Export Administration Act of 1979 
        and Omnibus Trade and Competitiveness Act of 1988.
          In volume IV, see: Title 18 U.S.C.; Global Climate 
        Protection Act of 1987; and Arctic Research and Policy 
        Act of 1984.
          The FRIENDSHIP Act also amended: Intelligence 
        Authorization Act, Fiscal Year 1987; Intelligence 
        Authorization Act, Fiscal Year 1988; Intelligence 
        Authorization Act, Fiscal Year 1990; Act of November 2, 
        1966 (Fur Seal Act); Federal Civil Defense Act of 1950; 
        and Subversive Activities Control Act of 1950.
_______________________________________________________________________


AN ACT For reform in emerging new democracies and support and help for 
 improved partnership with Russia, Ukraine, and other new independent 
                   states of the former Soviet Union.

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

SECTION 1. SHORT TITLES.

    This Act may be cited as the ``Act For Reform In Emerging 
New Democracies and Support and Help for Improved Partnership 
with Russia, Ukraine, and Other New Independent States'' or as 
the ``FRIENDSHIP Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:
Sec. 1. Short titles.
Sec. 2. Table of contents.
Sec. 3. Definition.

              TITLE I--POLICY OF FRIENDSHIP AND COOPERATION

Sec. 101. Statement of purpose.
Sec. 102. Findings.
Sec. 103. Statutory provisions that have been applicable to the Soviet 
          Union.

                 TITLE II--TRADE AND BUSINESS RELATIONS

Sec. 201. Policy under Export Administration Act.
Sec. 202. Representation of countries of Eastern Europe and the 
          Independent States of the former Soviet Union in legal 
          commercial transactions.
Sec. 203. Procedures regarding transfers of certain Department of 
          Defense-funded items.
Sec. 204. Soviet slave labor.

      TITLE III--CULTURAL, EDUCATIONAL, AND OTHER EXCHANGE PROGRAMS

Sec. 301. Mutual Educational and Cultural Exchange Act of 1961.
Sec. 302. Soviet-Eastern European research and training.
Sec. 303. Fascell Fellowship Act.
Sec. 304. Board for International Broadcasting Act.
Sec. 305. Scholarship programs for developing countries.
Sec. 306. Report on Soviet participants in certain exchange programs.

                         TITLE IV--ARMS CONTROL

Sec. 401. Arms Control and Disarmament Act.
Sec. 402. Arms Export Control Act.
Sec. 403. Annual reports on arms control matters.
Sec. 404. United States/Soviet direct communication link.

                      TITLE V--DIPLOMATIC RELATIONS

Sec. 501. Personnel levels and limitations.
Sec. 502. Other provisions related to operation of embassies and 
          consulates.
Sec. 503. Foreign Service Buildings Act.

                  TITLE VI--OCEANS AND THE ENVIRONMENT

Sec. 601. Arctic Research and Policy Act.
Sec. 602. Fur seal management.
Sec. 603. Global climate protection.

            TITLE VII--REGIONAL AND GENERAL DIPLOMATIC ISSUES

Sec. 701. United Nations assessments.
Sec. 702. Soviet occupation of Afghanistan.
Sec. 703. Angola.
Sec. 704. Self determination of the people from the Baltic States.
Sec. 705. Obsolete references in Foreign Assistance Act.
Sec. 706. Review of United States policy toward the Soviet Union.

      TITLE VIII--INTERNAL SECURITY; WORLDWIDE COMMUNIST CONSPIRACY

Sec. 801. Civil defense.
Sec. 802. Report on Soviet press manipulation in the United States.
Sec. 803. Subversive Activities Control Act.
Sec. 804. Report on Soviet and international communist behavior.

                         TITLE IX--MISCELLANEOUS

Sec. 901. Ballistic missile tests near Hawaii.
Sec. 902. Nondelivery of international mail.
Sec. 903. State-sponsored harassment of religious groups.
Sec. 904. Murder of Major Arthur Nicholson.
Sec. 905. Monument to honor victims of communism.

SEC. 3. DEFINITION.

    As used in this Act (including the amendments made by this 
Act), 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 (22 
U.S.C. 5801).

             TITLE I--POLICY OF FRIENDSHIP AND COOPERATION

SEC. 101. STATEMENT OF PURPOSE.

    The purpose of this Act is to amend or repeal numerous 
statutory provisions that restrict or otherwise impede normal 
relations between the United States and the Russian Federation, 
Ukraine, and the other independent states of the former Soviet 
Union. All of the statutory provisions amended or repealed by 
this Act were relevant and appropriate at the time of 
enactment, but with the end of the Cold War, they have become 
obsolete. It is not the purpose of this Act to rewrite or erase 
history, or to forget those who suffered in the past from the 
injustices or repression of communist regimes in the Soviet 
Union, but rather to update United States law to reflect 
changed international circumstances and to demonstrate for 
reformers and democrats in the independent states of the former 
Soviet Union the resolve of the people of the United States to 
support the process of democratic and economic reform and to 
conduct business with those states in a new spirit of 
friendship and cooperation.

SEC. 102. FINDINGS.

    The Congress finds and declares as follows:
          (1) The Vancouver Declaration issued by President 
        Clinton and President Yeltsin in April 1993 marked a 
        new milestone in the development of the spirit of 
        cooperation and partnership between the United States 
        and Russia. The Congress affirms its support for the 
        principles contained in the Vancouver Declaration.
          (2) The Vancouver Declaration underscored that--
                  (A) a dynamic and effective partnership 
                between the United States and Russia is vital 
                to the success of Russia's historic 
                transformation;
                  (B) the rapid integration of Russia into the 
                community of democratic nations and the world 
                economy is important to the national interest 
                of the United States; and
                  (C) cooperation between the United States and 
                Russia is essential to the peaceful resolution 
                of international conflicts and the promotion of 
                democratic values, the protection of human 
                rights, and the solution of global problems 
                such as environmental pollution, terrorism, and 
                narcotics trafficking.
          (3) The Congress enacted the FREEDOM Support Act 
        (Public Law 102-511), as well as other legislation such 
        as the Soviet Nuclear Threat Reduction Act of 1991 
        (title II of Public Law 102-228) and the Former Soviet 
        Union Demilitarization Act of 1992 (title XIV of Public 
        Law 102-484), to help meet the historic opportunities 
        and challenges presented by the transformation that has 
        taken place, and is continuing to take place, in what 
        once was the Soviet Union.
          (4) The process of reform in Russia, Ukraine, and the 
        other independent states of the former Soviet Union is 
        ongoing. The holding of a referendum in Russia on April 
        25, 1993, that was free and fair, and that reflected 
        the support of the Russian people for the process of 
        continued and strengthened democratic and economic 
        reform, represents an important and encouraging 
        hallmark in this ongoing process.
          (5) There remain in force many United States laws 
        that are relics of the Cold War, and repeals or 
        revisions of these provisions can play an important 
        role in efforts to foster and strengthen the bonds of 
        trust and friendship, as well as mutually beneficial 
        trade and economic relations, between the United States 
        and Russia, the United States and Ukraine, and the 
        United States and the other independent states of the 
        former Soviet Union.

SEC. 103. STATUTORY PROVISIONS THAT HAVE BEEN APPLICABLE TO THE SOVIET 
                    UNION.

    (a) In General.--There are numerous statutory provisions 
that were enacted in the context of United States relations 
with a country, the Soviet Union, that are fundamentally 
different from the relations that now exist between the United 
States and Russia, between the United States and Ukraine, and 
between the United States and the other independent states of 
the former Soviet Union.
    (b) Extent of Such Provisions.--Many of the provisions 
referred to in subsection (a) imposed limitations specifically 
with respect to the Soviet Union, and its constituent 
republics, or utilized language that reflected the tension that 
existed between the United States and the Soviet Union at the 
time of their enactment. Other such provisions did not refer 
specifically to the Soviet Union, but nonetheless were directed 
(or may be construed as having been directed) against the 
Soviet Union on the basis of the relations that formerly 
existed between the United States and the Soviet Union, 
particularly in its role as the leading communist country.
    (c) Findings and Affirmation.--The Congress finds and 
affirms that provisions such as those described in this 
section, including--
          (1) section 216 of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 4316),
          (2) sections 136 and 804 of the Foreign Relations 
        Authorization Act, Fiscal Years 1986 and 1987 (Public 
        Law 99-93),
          (3) section 1222 of the Foreign Relations 
        Authorization Act, Fiscal Years 1988 and 1989 (Public 
        Law 100-204; 101 Stat. 1411),
          (4) the Multilateral Export Control Enhancement 
        Amendments Act (50 U.S.C. 2410 note, et seq.),
          (5) the joint resolution providing for the 
        designation of ``Captive Nations Week'' (Public Law 86-
        90),
          (6) the Communist Control Act of 1954 (Public Law 83-
        637),
          (7) provisions in the Immigration and Nationality Act 
        (8 U.S.C. 1101 et seq.), including sections 101(a)(40), 
        101(e)(3), and 313(a)(3),
          (8) section 2 of the joint resolution entitled ``A 
        joint resolution to promote peace and stability in the 
        Middle East'', approved March 9, 1957 (Public Law 85-
        7), and
          (9) section 43 of the Bretton Woods Agreements Act 
        (22 U.S.C. 286aa),
should not be construed as being directed against Russia, 
Ukraine, or the other independent states of the former Soviet 
Union, connoting an adversarial relationship between the United 
States and the independent states, or signifying or implying in 
any manner unfriendliness toward the independent states.

                 TITLE II--TRADE AND BUSINESS RELATIONS

SEC. 201. POLICY UNDER EXPORT ADMINISTRATION ACT.

    (a) Conforming Amendments.-- * * *
    (b) Policy Regarding KAL.--
          (1) The Congress finds that--
                  (A) President Yeltsin should be commended for 
                meeting personally with representatives of the 
                families of the victims of the shootdown of 
                Korean Airlines (KAL) Flight 7;
                  (B) President Yeltsin's Government has met on 
                two separate occasions with United States 
                Government and family members to answer 
                questions associated with the shootdown and has 
                arranged for the families to interview Russians 
                involved in the incident or the search and 
                rescue operations that followed;
                  (C) President Yeltsin's Government has also 
                cooperated fully with the International Civil 
                Aviation Organization (ICAO) to allow it to 
                complete its investigation of the incident and 
                has provided numerous materials requested by 
                the ICAO, including radar data and so-called 
                ``black boxes'', the digital flight data and 
                cockpit voice recorders from the flight;
                  (D) the Export Administration Act of 1979 
                continues to state that the United States 
                should continue to object to exceptions to the 
                International Control List for the Union of 
                Soviet Socialist Republics in light of the KAL 
                tragedy, even though the ``no exceptions'' 
                policy was rescinded by President Bush in 1990;
                  (E) the Government of the United States is 
                seeking compensation from the Russian 
                Government on behalf of the families of the KAL 
                victims, and the Congress expects the 
                Administration to continue to pursue issues 
                related to the shootdown, including that of 
                compensation, with officials at the highest 
                level of the Russian Government; and
                  (F) in view of the cooperation provided by 
                President Yeltsin and his government regarding 
                the KAL incident and these other developments, 
                it is appropriate to remove such language from 
                the Export Administration Act of 1979.
          (2) * * *
          * * * * * * *

                        TITLE IX--MISCELLANEOUS

          * * * * * * *

SEC. 905. MONUMENT TO HONOR VICTIMS OF COMMUNISM.

    (a) Findings.--Congress finds that--
          (1) since 1917, the rulers of empires and 
        international communism led by Vladimir I. Lenin and 
        Mao Tse-tung have been responsible for the deaths of 
        over 100,000,000 victims in an unprecedented imperial 
        communist holocaust through conquests, revolutions, 
        civil wars, purges, wars by proxy, and other violent 
        means;
          (2) the imperialist regimes of international 
        communism have brutally suppressed the human rights, 
        national independence, religious liberty, intellectual 
        freedom, and cultural life of the peoples of over 40 
        captive nations;
          (3) there is a danger that the heroic sacrifices of 
        the victims of communism may be forgotten as 
        international communism and its imperial bases continue 
        to collapse and crumble; and
          (4) the sacrifices of these victims should be 
        permanently memorialized so that never again will 
        nations and peoples allow so evil a tyranny to 
        terrorize the world.
    (b) Authorization of Memorial.--
          (1) Authorization.--
                  (A) The National Captive Nations Committee, 
                Inc., is authorized to construct, maintain, and 
                operate in the District of Columbia an 
                appropriate international memorial to honor 
                victims of communism.
                  (B) The National Captive Nations Committee, 
                Inc., is encouraged to create an independent 
                entity for the purposes of constructing, 
                maintaining, and operating the memorial.
                  (C) Once created, this entity is encouraged 
                and authorized, to the maximum extent 
                practicable, to include as active participants 
                organizations representing all groups that have 
                suffered under communism.
          (2) Compliance with standards for commemorative 
        works.--The design, location, inscription, and 
        construction of the memorial authorized by paragraph 
        (1) shall be subject to the requirements of the Act 
        entitled ``An Act to provide standards for placement of 
        commemorative works on certain Federal lands in the 
        District of Columbia and its environs, and for other 
        purposes'', approved November 14, 1986 (40 U.S.C. 1001 
        et seq.).
    (c) Payment of Expenses.--The entity referred to in 
subsection (b)(1) shall be solely responsible for acceptance of 
contributions for, and payment of the expenses of, the 
establishment of the memorial. No Federal funds may be used to 
pay any expense of the establishment of the memorial.
    (d) Deposit of Excess Funds.--If, upon payment of all 
expenses of the establishment of the memorial, including the 
maintenance and preservation amount provided for in section 
8(b) of the Act entitled ``An Act to provide standards for 
placement of commemorative works on certain Federal lands in 
the District of Columbia and its environs, and for other 
purposes'', approved November 14, 1986 (40 U.S.C. 1008(b)), or 
upon expiration of the authority for the memorial under section 
10(b) of such Act (40 U.S.C. 4010(b)), there remains a balance 
of funds received for the establishment of the memorial, the 
entity referred to in subsection (b)(1) shall transmit the 
amount of the balance to the Secretary of the Treasury for 
deposit in the account provided for in section 8(b)(1) of such 
Act (40 U.S.C. 1008(b)(1)).
   (2) Freedom for Russia and Emerging Eurasian Democracies and Open 
                      Markets Support Act of 1992

                          FREEDOM Support Act

Partial text of Public Law 102-511 [S. 2532], 106 Stat. 3320, approved 
    October 24, 1992; amended by Public Law 104-66 [Federal Reports 
 Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, approved 
                           December 21, 1995

AN ACT To support freedom and open markets in the independent states of 
            the former Soviet Union, 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 TITLES.

    This Act may be cited as the ``Freedom for Russia and 
Emerging Eurasian Democracies and Open Markets Support Act of 
1992'' or the ``FREEDOM Support Act''.
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    \1\22 U.S.C. 5801 note.
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SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:
                                                                   Page

Sec. 1. Short titles.............................................    45
Sec. 2. Table of contents........................................    45
Sec. 3. Definition of independent states.........................    46

                      TITLE I--GENERAL PROVISIONS

Sec. 101. Findings...............................................    47
Sec. 102. Program coordination, implementation, and oversight....    48
Sec. 103. Report on overall assistance and economic cooperation 
  strategy.......................................................    48
Sec. 104. Annual report..........................................    49

           TITLE II--BILATERAL ECONOMIC ASSISTANCE ACTIVITIES

Sec. 201. Support for economic and democratic development in the 
  independent states.............................................    50
Sec. 202. Ineligibility for assistance of institutions 
  withholding certain documents of United States nationals.......    50

             TITLE III--BUSINESS AND COMMERCIAL DEVELOPMENT

Sec. 301. American Business Centers..............................    51
Sec. 302. Business and Agriculture Advisory Council..............    53
Sec. 303. Funding for export promotion activities and capital 
  projects.......................................................    53
Sec. 304. Interagency working group on energy of the Trade 
  Promotion Coordinating Committee...............................    54
Sec. 306. Policy on combatting tied aid practices................    54
Sec. 307. Technical assistance for the Russian Far East..........    55
Sec. 308. Funding for OPIC programs..............................    55

                     TITLE IV--THE DEMOCRACY CORPS

Sec. 401. Authorization for establishment of the Democracy Corps.    55

   TITLE V--NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES

Sec. 501. Findings...............................................    58
Sec. 502. Eligibility............................................    58
Sec. 503. Nonproliferation and disarmament activities in the 
  independent states.............................................    59
Sec. 504. Nonproliferation and disarmament fund..................    60
Sec. 505. Limitations on defense conversion authorities..........    61
Sec. 506. Soviet weapons destruction.............................    61
Sec. 507. Waiver of certain provisions...........................    62
Sec. 508. Notice and reports to Congress.........................    62
Sec. 509. International nonproliferation initiative..............    64
Sec. 510. Report on special nuclear materials....................    66
Sec. 511. Research and development foundation....................    66

                 TITLE VI--SPACE TRADE AND COOPERATION

Sec. 601. Facilitating discussions regarding the acquisition of 
  space hardware, technology, and services from the former Soviet 
  Union..........................................................    68
Sec. 602. Office of Space Commerce...............................    68
Sec. 603. Report to Congress.....................................    69
Sec. 604. Definitions............................................    69

                     TITLE VII--AGRICULTURAL TRADE

Sec. 703. Assistance for private voluntary organizations.........    70
Sec. 704. Distribution of aid to the independent states of the 
  former Soviet Union............................................    70
Sec. 707. Direct credit sales....................................    70

TITLE VIII--UNITED STATES INFORMATION AGENCY, DEPARTMENT OF STATE, AND 
                    RELATED AGENCIES AND ACTIVITIES

Sec. 802. New diplomatic posts in the independent states.........    70
Sec. 804. Certain positions at United States missions............    71
Sec. 805. International Development Law Institute................    71
Sec. 807. Exchanges and training and similar programs............    71

                       TITLE IX--OTHER PROVISIONS

Sec. 902. Johnson Act............................................    73
Sec. 903. Support for East European Democracy (SEED) Act.........    73
Sec. 906. Eligibility of Baltic states for nonlethal defense 
  articles.......................................................    73
Sec. 907. Restriction on assistance to Azerbaijan................    73

             TITLE X--INTERNATIONAL FINANCIAL INSTITUTIONS

Sec. 1004. Support for Macroeconomic Stabilization in the 
  Independent States of the Former Soviet Union..................    74
Sec. 1007. Report on Debt of the Former Soviet Union Held By 
  Commercial Financial Institutions..............................    75
Sec. 1009. Multilateral Investment Guarantees for the Independent 
  States of the Former Soviet Union..............................    75

SEC. 3.\2\ DEFINITION OF INDEPENDENT STATES.

    For purposes of this Act, the terms ``independent states of 
the former Soviet Union'' and ``independent states'' mean the 
following: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, 
Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, 
and Uzbekistan.
---------------------------------------------------------------------------
    \2\22 U.S.C. 5801.
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                      TITLE I--GENERAL PROVISIONS

SEC. 101.\3\ FINDINGS.

    The Congress finds that--
---------------------------------------------------------------------------
    \3\22 U.S.C. 5811.
---------------------------------------------------------------------------
          (1) recent developments in Russia and the other 
        independent states of the former Soviet Union present 
        an historic opportunity for a transition to a peaceful 
        and stable international order and the integration of 
        the independent states of the former Soviet Union into 
        the community of democratic nations;
          (2) the entire international community has a vital 
        interest in the success of this transition, and the 
        dimension of the problems now faced in the independent 
        states of the former Soviet Union makes it imperative 
        for donor countries and institutions to provide the 
        expertise and support necessary to ensure continued 
        progress on economic and political reforms;
          (3) the United States is especially well-positioned 
        because of its heritage and traditions to make a 
        substantial contribution to this transition by building 
        on current technical cooperation, medical, and food 
        assistance programs, by assisting in the development of 
        democratic institutions, and by fostering conditions 
        that will encourage the United States business 
        community to engage in trade and investment;
          (4) failure to meet the opportunities presented by 
        these developments could threaten United States 
        national security interests and jeopardize substantial 
        savings in United States defense that these 
        developments have made possible;
          (5) the independent states of the former Soviet Union 
        face unprecedented environmental problems that 
        jeopardize the quality of life and the very existence 
        of not only their own peoples but also the peoples of 
        other countries, and it is incumbent on the 
        international community to assist the independent 
        states in addressing these problems and in promoting 
        sustainable use of resources and development;
          (6) the success of United States assistance for the 
        independent states of the former Soviet Union depends 
        on--
                  (A) effective coordination of United States 
                efforts with similar activities of friendly and 
                allied donor countries and of international 
                financial institutions, and
                  (B) reciprocal commitments by the governments 
                of the independent states to work toward the 
                creation of democratic institutions and an 
                environment hospitable to foreign investment 
                based upon the rule of law, including 
                negotiation of bilateral and multilateral 
                agreements on open trade and investment, 
                adoption of commercial codes, establishment of 
                transparency in regulatory and other 
                governmental decision making, and timely 
                payment of obligations carried over from 
                previous governmental entities; and
          (7) trade and investment opportunities in the 
        independent states of the former Soviet Union will 
        generate employment and other economic benefits for the 
        United States as the economies of the independent 
        states of the former Soviet Union begin to realize 
        their enormous potential as both customers and 
        suppliers.

SEC. 102.\4\ PROGRAM COORDINATION, IMPLEMENTATION, AND OVERSIGHT.

    (a) Coordination.--The President shall designate, within 
the Department of State, a coordinator who shall be responsible 
for--
---------------------------------------------------------------------------
    \4\22 U.S.C. 5812. See Executive Order 12884 of December 1, 1993 
(58 F.R. 64099; December 3, 1993), providing for the delegation of 
functions under the Freedom Support Act and related provisions in the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act.
---------------------------------------------------------------------------
          (1) designing an overall assistance and economic 
        cooperation strategy for the independent states of the 
        former Soviet Union;
          (2) ensuring program and policy coordination among 
        agencies of the United States Government in carrying 
        out the policies set forth in this Act (including the 
        amendments made by this Act);
          (3) pursuing coordination with other countries and 
        international organizations with respect to assistance 
        to independent states;
          (4) ensuring that United States assistance programs 
        for the independent states are consistent with this Act 
        (including the amendments made by this Act);
          (5) ensuring proper management, implementation, and 
        oversight by agencies responsible for assistance 
        programs for the independent states; and
          (6) resolving policy and program disputes among 
        United States Government agencies with respect to 
        United States assistance for the independent states.
    (b) Export Promotion Activities.--Consistent with 
subsection (a), coordination of activities related to the 
promotion of exports of United States goods and services to the 
independent states of the former Soviet Union shall continue to 
be primarily the responsibility of the Secretary of Commerce, 
in the Secretary's role as Chair of the Trade Promotion 
Coordination Committee.
    (c) International Economic Activities.--Consistent with 
subsection (a), coordination of activities relating to United 
States participation in international financial institutions 
and relating to organization of multilateral efforts aimed at 
currency stabilization, currency convertibility, debt 
reduction, and comprehensive economic reform programs shall 
continue to be primarily the responsibility of the Secretary of 
the Treasury, in the Secretary's role as Chair of the National 
Advisory Council on International Monetary and Financial 
Policies and as the United States Governor of the international 
financial institutions.
    (d) Accountability for Funds.--Any agency managing and 
implementing an assistance program for the independent states 
of the former Soviet Union shall be accountable for any funds 
made available to it for such program.

SEC. 103.\5\ REPORT ON OVERALL ASSISTANCE AND ECONOMIC COOPERATION 
                    STRATEGY.

    (a) Requirement for Submission.--As soon as practicable 
after the date of enactment of this Act, the coordinator 
designated pursuant to section 102(a) shall submit to the 
Congress a report on the overall assistance and economic 
cooperation strategy for the independent states of the former 
Soviet Union that is required to be developed pursuant to 
paragraph (1) of that section.
---------------------------------------------------------------------------
    \5\22 U.S.C. 5813.
---------------------------------------------------------------------------
    (b) Assistance Plan.--The report submitted pursuant to 
subsection (a) shall include a plan specifying--
          (1) the amount of the funds authorized to be 
        appropriated for fiscal year 1993 by chapter 11 of part 
        I of the Foreign Assistance Act of 1961 proposed to be 
        allocated for each of the categories of activities 
        authorized by section 498 of that Act and to carry out 
        section 301 of this Act (relating to American Business 
        Centers), section 303 of this Act (relating to export 
        promotion activities and capital projects), and title 
        IV of this Act (relating to the Democracy Corps);
          (2) the amount of other funds made available for 
        fiscal year 1993 to carry out the Foreign Assistance 
        Act of 1961 proposed to be allocated for assistance 
        under that Act for the independent states of the former 
        Soviet Union; and
          (3) the amount of funds available for fiscal year 
        1993 under the Foreign Assistance Act of 1961 that are 
        proposed to be made to each agency to carry out 
        activities for the independent states under that Act or 
        this Act.

SEC. 104.\6\ ANNUAL REPORT.

    Not later than January 31 of each year, the President shall 
submit to the Congress a report on United States assistance for 
the independent states of the former Soviet Union under this 
Act or other provisions of law. Each such report shall 
include--
---------------------------------------------------------------------------
    \6\22 U.S.C. 5814.
    In a January 29, 1993, memorandum for the Secretary of State, the 
President delegated the functions and authorities relating to the 
report required in this section to the Secretary of State, and further 
authorized their redelegation by the Secretary (Memorandum of January 
29, 1993; 58 F.R. 8201; February 12, 1993).
    Subsequently, in sec. 2(a) of Executive Order 12884 of December 1, 
1993 (58 F.R. 64099; December 3, 1993), the President delegated to the 
Coordinator (as established in sec. 102 of this Act) those functions 
conferred upon the President in sec. 104, further providing that ``the 
Coordinator is authorized to assign responsibility for particular 
aspects of the reports described in that section to the heads of 
appropriate agencies''.
    Title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, Fiscal Year 1998 (Public Law 105-118; 111 
Stat. 2395; 22 U.S.C. 5814 note), 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.
---------------------------------------------------------------------------
          * * * * * * *
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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.''.
    On January 26, 1998, the President issued such a determination as 
required by subsec. (c) (Presidential Determination No. 98-11; as yet 
unpublished).
---------------------------------------------------------------------------
          (1) an assessment of the progress each independent 
        state has made in meeting the standards set forth in 
        section 498A of the Foreign Assistance Act of 1961, 
        including a description of the steps each independent 
        state has taken or is taking toward meeting those 
        standards and a discussion of additional steps that 
        each independent state could take to meet those 
        standards;
          (2) a description of the United States assistance for 
        each independent state that was provided during the 
        preceding fiscal year, is planned for the current 
        fiscal year, and is proposed for the coming fiscal 
        year, specifying the extent to which such assistance 
        for the preceding fiscal year and for current fiscal 
        year has actually been delivered;
          (3) an assessment of the effectiveness of United 
        States assistance in achieving its purposes; and
          (4) an evaluation of the manner in which the 
        ``notwithstanding'' authority provided in section 
        498B(j)(1) of the Foreign Assistance Act of 1961, and 
        the ``notwithstanding'' authority provided in any other 
        provision of law with respect to assistance for the 
        independent states, has been used and why the use of 
        that authority was necessary.

           TITLE II--BILATERAL ECONOMIC ASSISTANCE ACTIVITIES

SEC. 201. SUPPORT FOR ECONOMIC AND DEMOCRATIC DEVELOPMENT IN THE 
                    INDEPENDENT STATES.

    Part I of the Foreign Assistance Act of 1961 is amended by 
adding after chapter 10 the following:
---------------------------------------------------------------------------
    \7\Codified at 22 U.S.C. 2295-2295C. Incorporated into the Foreign 
Assistance Act of 1961 (Public Law 87-195) as secs. 498-498C. For text, 
see Legislation on Foreign Relations Through 1997, vol. I-A.
---------------------------------------------------------------------------

 ``Chapter 11--Support for the Economic and Democratic Development of 
      the Independent States of the Former Soviet Union * * *''\7\

SEC. 202.\8\ INELIGIBILITY FOR ASSISTANCE OF INSTITUTIONS WITHHOLDING 
                    CERTAIN DOCUMENTS OF UNITED STATES NATIONALS.

    (a) Prohibition.--Except as provided in subsections (b) and 
(c), an agency, instrumentality, or other governmental entity 
of an independent state of the former Soviet Union shall not be 
eligible to receive assistance under chapter 11 of part I of 
the Foreign Assistance Act of 1961 if--
---------------------------------------------------------------------------
    \8\22 U.S.C. 2295a note.
---------------------------------------------------------------------------
          (1) on the date of enactment of this Act, there is 
        outstanding a final judgment by a court of competent 
        jurisdiction in that independent state that that 
        governmental entity is withholding unlawfully books or 
        other documents of religious or historical significance 
        that are the property of United States persons; and
          (2) within 90 days of a request by such United States 
        persons, the Secretary of State determines that 
        execution of the court's judgment is blocked as the 
        result of extrajudicial causes such as any of the 
        following:
                  (A) A declared refusal of the defendant to 
                comply.
                  (B) The unwillingness or failure of local 
                authorities to enforce compliance.
                  (C) The issuance of an administrative decree 
                nullifying a court's judgment or forbidding 
                compliance.
                  (D) The passage of legislation, after a 
                court's judgment, nullifying that judgment or 
                forbidding compliance with that judgment.
    (b) Exception for Humanitarian Assistance.--The prohibition 
contained in subsection (a) shall not apply to the provision of 
assistance to alleviate suffering resulting from a natural or 
man-made disaster.
    (c) Waiver Authority.--The Secretary of State may waive the 
application of subsection (a) whenever the Secretary finds 
that--
          (1) the court's judgment has been executed; or
          (2) it is important to the national interest of the 
        United States to do so.
    (d) Report.--Nine months after the date of enactment of 
this Act, the Secretary of State shall report to the Speaker of 
the House of Representatives and the Chairman of the Committee 
on Foreign Relations of the Senate on the status of final 
judgments described in subsection (a)(1).
    (e) United States Person.--For purposes of this section, 
the term ``United States person'' means--
          (1) any citizen, national, or permanent resident 
        alien of the United States; and
          (2) any corporation, partnership, or other juridical 
        entity which is 50 percent or more beneficially owned 
        by individuals described in paragraph (1).

             TITLE III--BUSINESS AND COMMERCIAL DEVELOPMENT

SEC. 301.\9\ AMERICAN BUSINESS CENTERS.
    (a) Establishment.--The President is authorized and 
encouraged to establish American Business Centers in the 
independent states of the former Soviet Union receiving 
assistance under chapter 11 of part I of the Foreign Assistance 
Act of 1961 where the President determines that such centers 
can be cost-effective in promoting the objectives described in 
section 498 of that Act and United States economic interests 
and in establishing commercial partnerships between the people 
of the United States and the peoples of the independent states.
---------------------------------------------------------------------------
    \9\22 U.S.C. 5821. Section 2(b) of Executive Order 12884 of 
December 1, 1993 (58 F.R. 64099; December 3, 1993) delegated to the 
Coordinator (as established in section 102 of this Act) those functions 
conferred upon the President in sec. 301, ``insofar as it related to 
determinations and directives''.
    Sec. 3 of Executive Order 12884, however, ``delegated to the United 
States International Development Cooperation Agency the functions 
conferred upon the President by:
---------------------------------------------------------------------------

          ``(a) sections 301(a) and 307 of the Act, except insofar as 
        provided otherwise in section 2(b) of this order;''.
---------------------------------------------------------------------------
    This delegation of authority is subject to the authority of the 
Coordinator (as established in sec. 102).
---------------------------------------------------------------------------
    (b) Environmental Business Centers and Agribusiness 
Centers.--For purposes of this section, the term ``American 
Business Centers'' includes the following:
          (1) Environmental business centers in those 
        independent states that offer promising market 
        possibilities for the export of United States 
        environmental goods and services. To the maximum extent 
        practicable, these environmental business centers 
        should be established as a component of other centers.
          (2) Agribusiness centers that include the 
        participation of private United States agribusinesses 
        or agricultural cooperatives, private nonprofit 
        organizations, State universities and land grant 
        colleges, and financial institutions, that make 
        appropriate contributions of equipment, materials, and 
        personnel for the operation of such centers. The 
        purposes of these agribusiness centers shall be--
                  (A) to enhance the ability of farmers and 
                other agribusiness practitioners in the 
                independent states to better meet the needs of 
                the people of the independent states;
                  (B) to assist the transition from a command 
                and control system in agriculture to a free 
                market system; and
                  (C) to facilitate the demonstration and use 
                of United States agricultural equipment and 
                technology.
    (c) Additional Policy Guidance.--To the maximum extent 
possible, and consistent with the particular purposes of the 
specific types of centers, the President should direct that--
          (1) the American Business Centers established 
        pursuant to this section place special emphasis on 
        assistance to United States small- and medium-sized 
        businesses to facilitate their entry into the 
        commercial markets of the independent states;
          (2) such centers offer office space, business 
        facilities, and market analysis services to United 
        States firms, trade associations, and State economic 
        development offices on a user-fee basis that minimizes 
        the cost of operating such centers;
          (3) such centers serve as a repository for 
        commercial, legal, and technical information, including 
        environmental and export control information;
          (4) such centers identify existing or potential 
        counterpart businesses or organizations that may 
        require specific technical coordination or assistance;
          (5) such centers be established in several sites in 
        the independent states; and
          (6) host countries be asked to make appropriate 
        contributions of real estate and personnel for the 
        establishment and operation of such centers.
    (d) Funding.--
          (1) Reimbursement agreement.--Not later than 90 days 
        after the date of enactment of this Act, the 
        Administrator of the Agency for International 
        Development shall conclude a reimbursement agreement 
        with the Secretary of Commerce for the Department of 
        Commerce's services in establishing and operating 
        American Business Centers pursuant to this section.
          (2) Authorization of appropriations.--Of the amount 
        authorized to be appropriated to carry out chapter 11 
        of part I of the Foreign Assistance Act of 1961, up to 
        $12,000,000 for fiscal year 1993 are authorized to be 
        appropriated to carry out this section, in addition to 
        amounts otherwise available for such purpose.

SEC. 302.\10\ BUSINESS AND AGRICULTURE ADVISORY COUNCIL.

    (a) Establishment.--The President is authorized to 
establish an advisory council to be known as the Independent 
States Business and Agriculture Advisory Council (hereinafter 
in this section referred to as the ``Council'')--
---------------------------------------------------------------------------
    \10\22 U.S.C. 5822.
---------------------------------------------------------------------------
          (1) to consult with and advise the President 
        periodically regarding programs of assistance for the 
        independent states of the former Soviet Union; and
          (2) to evaluate, and consult periodically with the 
        President regarding, the adequacy of bilateral and 
        multilateral assistance programs that would facilitate 
        exports by United States companies to, and investments 
        by United States companies in, the independent states.
    (b) Membership.--The Council should consist of 15 members, 
appointed by the President, who are drawn from United States 
companies reflecting diverse businesses and perspectives that 
have experience and expertise in dealing with the independent 
states of the former Soviet Union. The President should 
designate one such member to serve as Chair of the Council. 
Five such members should be appointed upon the recommendation 
of the Speaker and the Minority Leader of the House of 
Representatives and 5 should be appointed upon the 
recommendation of the Majority Leader and Minority Leader of 
the Senate. Members of the Council shall receive no 
compensation from the United States Government by reason of 
their service on the Council.
    (c) Staff.--Upon request of the Chair of the Council, the 
head of any United States Government agency may detail, on a 
nonreimbursable basis, any of the personnel of such agency to 
the Council to assist the Council.

SEC. 303.\11\ FUNDING FOR EXPORT PROMOTION ACTIVITIES AND CAPITAL 
                    PROJECTS.

    (a) Allocation of A.I.D. Funds.--The President is 
encouraged to use a portion of the funds made available for the 
independent states of the former Soviet Union under chapter 11 
of part I of the Foreign Assistance Act of 1961--
---------------------------------------------------------------------------
    \11\22 U.S.C. 5823.
---------------------------------------------------------------------------
          (1) to fund the export promotion, finance, and 
        related activities carried out pursuant to subsection 
        (b)(1), including activities relating to the export of 
        intermediary goods; and
          (2) to fund capital projects, including projects for 
        telecommunications, environmental cleanup, power 
        production, and energy related projects.
    (b) Export Promotion, Finance, and Related Activities.--The 
Secretary of Commerce, as Chair of the Trade Promotion 
Coordination Committee, should, in conjunction with other 
members of that committee, design and implement programs to 
provide adequate commercial and technical assistance to United 
States businesses seeking markets in the independent states of 
the former Soviet Union, including the following:
          (1) Increasing the United States and Foreign 
        Commercial Service presence in the independent states, 
        in particular in the Russian Far Eastern cities of 
        Vladivostok and Khabarovsk.
          (2) Preparing profiles of export opportunities for 
        United States businesses in the independent states and 
        providing other technical assistance.
          (3) Utilizing the Market Development Cooperator 
        Program under section 2303 of the Export Enhancement 
        Act of 1988 (15 U.S.C. 4723).
          (4) Developing programs specifically for the purpose 
        of assisting small- and medium-sized businesses in 
        entering commercial markets of the independent states. 
        In carrying out this paragraph, the Secretary of 
        Commerce, to the extent possible, should work directly 
        with private sector organizations with proven 
        experience in trade and economic relations with the 
        independent states.
          (5) Supporting projects undertaken by the United 
        States business community on the basis of partnership, 
        joint venture, contractual, or other cooperative 
        agreements with appropriate entities in the independent 
        states.
          (6) Supporting export finance programs, feasibility 
        studies, political risk insurance, and other related 
        programs through increased funding and flexibility in 
        the implementation of such programs.
          (7) Supporting the Business Information Service 
        (BISNIS) and its related programs.

SEC. 304.\12\ INTERAGENCY WORKING GROUP ON ENERGY OF THE TRADE 
                    PROMOTION COORDINATING COMMITTEE.

    The Trade Promotion Coordinating Committee should utilize 
its interagency working group on energy to assist United States 
energy sector companies to develop a long-term strategy for 
penetrating the energy market in the independent states of the 
former Soviet Union. The working group should--
---------------------------------------------------------------------------
    \12\22 U.S.C. 5824.
---------------------------------------------------------------------------
          (1) work with officials from the independent states 
        in creating an environment conducive to United States 
        energy investment;
          (2) help to coordinate assistance to United States 
        companies involved with projects to clean up former 
        Soviet nuclear weapons sites and commercial nuclear 
        waste; and
          (3) work with representatives from United States 
        business and industry involved with the energy sector 
        to help facilitate the identification of business 
        opportunities, including the promotion of oil, gas, and 
        clean coal technology and products, energy efficiency, 
        and the formation of joint ventures between United 
        States companies and companies of the independent 
        nations.

SEC. 305.\13\ * * * [Repealed--1995]
---------------------------------------------------------------------------

    \13\Formerly at 22 U.S.C. 5825; repealed by sec. 1021(e) of Public 
Law 104-66 (109 Stat. 713). Sec. 305 required the Secretary of Commerce 
to report annually to Congress on implementation of this Act, on the 
programs of other industrialized nations establishing business in 
former Soviet Union, and on related trade and pricing practices of 
other OECD nations.
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SEC. 306.\14\ POLICY ON COMBATTING TIED AID PRACTICES.

    Should the Secretary of the Treasury determine that foreign 
countries are engaged in tied aid practices with respect to any 
of the independent states of the former Soviet Union that 
violate the 1991 Helsinki agreement of the Organization for 
Economic Cooperation and Development, the President should give 
priority attention to combatting such practices.
---------------------------------------------------------------------------
    \14\22 U.S.C. 5826.
---------------------------------------------------------------------------

SEC. 307.\15\ TECHNICAL ASSISTANCE FOR THE RUSSIAN FAR EAST.

    (a) Authorization.--The President is authorized to provide 
technical assistance, through an American university in a 
region which received nonstop air service to and from the 
Russian Far East as of July 1, 1992, to facilitate the 
development of United States business opportunities, free 
markets, and democratic institutions in the Russian Far East.
---------------------------------------------------------------------------
    \15\22 U.S.C. 5827. Sec. 3(a) of Executive Order 12884 of December 
1, 1993 (58 F.R. 64099; December 3, 1993), delegated to the United 
States International Development Cooperation Agency the functions 
conferred upon the President by sec. 307. This delegation of authority 
is subject to the authority of the Coordinator (as established in sec. 
102).
---------------------------------------------------------------------------
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated $2,000,000 to carry out subsection (a).

SEC. 308.\16\ FUNDING FOR OPIC PROGRAMS.

    (a) Authority to Make Additional Funds Available.--Funds 
authorized to be appropriated for fiscal year 1993 to carry out 
chapter 11 of part I of the Foreign Assistance Act of 1961 may 
be made available to cover costs incurred by the Overseas 
Private Investment Corporation in carrying out programs with 
respect to the independent states of the former Soviet Union 
under title IV of chapter 2 of part I of that Act (22 U.S.C. 
2191 and following), in addition to amounts otherwise available 
for that purpose.
---------------------------------------------------------------------------
    \16\22 U.S.C. 5828.
---------------------------------------------------------------------------
    (b) Enactment of OPIC Authorization Act.--The authority of 
subsection (a) shall cease to be effective upon the enactment 
of the Overseas Private Investment Corporation Act Amendments 
Act of 1992.\17\
---------------------------------------------------------------------------
    \17\The Overseas Private Investment Corporation Act Amendments Act 
of 1992 was incorporated into the Jobs Through Exports Act of 1992 
(Public Law 102-549; 106 Stat. 3651), and reauthorized OPIC in the 
Foreign Assistance Act of 1961.
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                     TITLE IV--THE DEMOCRACY CORPS

SEC. 401.\18\ AUTHORIZATION FOR ESTABLISHMENT OF THE DEMOCRACY CORPS.

    (a) Establishment; Purpose.--The President is authorized to 
provide for the establishment of the Democracy Corps as a 
private nonprofit organization, incorporated in the District of 
Columbia, whose purpose shall be to maintain a presence in the 
independent states of the former Soviet Union as described in 
subsection (c).
---------------------------------------------------------------------------
    \18\22 U.S.C. 5841.
---------------------------------------------------------------------------
    (b) Board of Directors.--The Board of Directors of the 
Democracy Corps shall have not more than 10 members, appointed 
by the President. Individuals appointed to the Board--
          (1) shall, individually or through the organizations 
        they represent, have experience and expertise 
        appropriate to carrying out the purpose of the 
        Democracy Corps, including involvement either with 
        activities of the type described in subsection (d) or 
        in the independent states;
          (2) shall be United States citizens; and
          (3) may not be officers or employees of the United 
        States Government or Members of Congress.
    (c) Grants to the Democracy Corps; Purpose.--The 
Administrator is authorized to make an annual grant to the 
Democracy Corps with the funds made available pursuant to this 
section. The purpose of such grants shall be to enable the 
Democracy Corps to maintain a presence in independent states of 
the former Soviet Union that will assist at the local level in 
the development of--
          (1) institutions of democratic governance (including 
        judicial, electoral, legislative, and administrative 
        processes), and
          (2) the nongovernmental organizations of a civil 
        society (including charitable, educational, trade 
        union, business, professional, voluntary, community, 
        and other civic organizations),
by mobilizing the expertise of the American people to provide 
practical assistance through ``on the ground'' person-to-person 
advice, technical assistance, and small grants to indigenous 
individuals and indigenous entities, in accordance with 
subsection (d).
    (d) Activities.--The Democracy Corps shall be required to 
carry out its purpose through the placement within the 
independent states of teams of United States citizens with 
appropriate expertise and knowledge. Under guidelines developed 
by the Board, these teams shall assist indigenous individuals 
and entities in the independent states that are involved in the 
development of the institutions and organizations referred to 
in paragraphs (1) and (2) of subsection (c) by--
          (1) providing advice and technical assistance;
          (2) making small grants (which in most cases should 
        not exceed $5,000) to such individuals and entities to 
        assist the development of those institutions and 
        organizations;
          (3) identifying other sources of assistance; and
          (4) operating local centers to serve as information, 
        logistical, and educational centers and otherwise 
        encourage cooperation and effectiveness by those 
        involved in the development of democratic institutions, 
        a market-oriented economy, and a civil society in the 
        independent states.
These local centers may be designated as ``Democracy Houses'' 
or given another appropriate appellation.
    (e) Grant Agreement.--Grants under this section shall be 
made pursuant to a grant agreement requiring the Democracy 
Corps to comply with the requirements specified in this section 
and with such other terms and conditions as the Administrator 
may require, which shall include requirements regarding 
consultation with the coordinator designated pursuant to 
section 102(a), conflicts of interest, and accountability for 
funds, including a requirement for annual independent audits.
    (f) Coordination.--The Democracy Corps shall be required 
to--
          (1) coordinate its activities pursuant to this 
        section with the programs and activities of other 
        entities operating in or providing assistance to the 
        independent states of the former Soviet Union in 
        support of the development of democratic institutions, 
        a market-oriented economy, and a civil society; and
          (2) ensure that its activities pursuant to this 
        section are designed to avoid duplication with 
        activities carried out under other United States 
        Government foreign assistance and international 
        information, educational, cultural, and exchange 
        programs.
    (g) Prohibition on Campaign Financing.--Funds made 
available to the Democracy Corps under this section may not be 
expended by the Democracy Corps, or any recipient of a grant 
from the Democracy Corps, to finance the campaigns of 
candidates for public office.
    (h) Freedom of Information.--
          (1) In general.--Notwithstanding the fact that the 
        Democracy Corps is not an agency or establishment of 
        the United States Government, the Democracy Corps shall 
        be required to comply fully with all of the provisions 
        of section 552 of title 5, United States Code.
          (2) Publication in federal register.--For purposes of 
        complying pursuant to paragraph (1) with section 
        552(a)(1) of title 5, the Democracy Corps shall make 
        available to the Administrator such records and other 
        information as the Administrator determines may be 
        necessary for such purposes. The Administrator shall 
        cause such records and other information to be 
        published in the Federal Register.
          (3) AID review.--In the event that the Democracy 
        Corps determines not to comply with a request for 
        records under section 552 of title 5, the Democracy 
        Corps shall submit a report to the Administrator 
        explaining the reasons for not complying with such 
        request. If the Administrator approves such 
        determination, the Agency for International Development 
        shall assume full responsibility, including financial 
        responsibility, for defending the Democracy Corps in 
        any litigation relating to such request. If the 
        Administrator disapproves such determination, the 
        Democracy Corps shall be required to comply with such 
        request.
    (i) Annual Reports.--The Board shall be required to submit 
to the Administrator and the Congress, not later than January 
31 each year, a comprehensive report on the activities of the 
Democracy Corps. Each such report shall list each grant made by 
the Democracy Corps under subsection (d)(2) during the 
preceding fiscal year, specifying the grantee and the amount of 
the grant.
    (j) Authorization of Appropriations.--Of the amount 
authorized to be appropriated to carry out chapter 11 of part I 
of the Foreign Assistance Act of 1961, up to $15,000,000 for 
fiscal year 1993 are authorized to be appropriated for grants 
to the Democracy Corps under this section, in addition to 
amounts otherwise available for such purpose.
    (k) Sunset Provision.--Grants may not be made to the 
Democracy Corps under this section after the end of fiscal year 
1997.
    (l) Definitions.--As used in this section--
          (1) the term ``Administrator'' means the 
        Administrator of the Agency for International 
        Development; and
          (2) the term ``Board'' means the Board of Directors 
        of the Democracy Corps.

   TITLE V--NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES

SEC. 501.\19\ FINDINGS.

    The Congress finds that it is in the national security 
interest of the United States--
---------------------------------------------------------------------------
    \19\22 U.S.C. 5851.
---------------------------------------------------------------------------
          (1) to facilitate, on a priority basis--
                  (A) the transportation, storage, 
                safeguarding, and destruction of nuclear and 
                other weapons of mass destruction of the 
                independent states of the former Soviet Union;
                  (B) the prevention of proliferation of 
                weapons of mass destruction and destabilizing 
                conventional weapons of the independent states, 
                and the establishment of verifiable safeguards 
                against the proliferation of such weapons;
                  (C) the prevention of diversion of weapons-
                related scientific expertise of the former 
                Soviet Union to terrorist groups or third 
                countries; and
                  (D) other efforts designed to reduce the 
                military threat from the former Soviet Union;
          (2) to support the conversion of the massive defense-
        related industry and equipment of the independent 
        states of the former Soviet Union for civilian purposes 
        and uses; and
          (3) to expand military-to-military contacts between 
        the United States and the independent states.

SEC. 502.\20\ ELIGIBILITY.

    Funds may be obligated for a fiscal year for assistance or 
other programs or activities for an independent state of the 
former Soviet Union under sections 503 and 504 only if the 
President has certified to the Congress,\21\ during that fiscal 
year, that such independent state is committed to--
---------------------------------------------------------------------------
    \20\22 U.S.C. 5852.
    \21\In a memorandum of December 30, 1992, for the Secretaries of 
State and Defense, and the Director, OMB, the President delegated 
authority established in sec. 502 of the FREEDOM Support Act and in 
sec. 1412(d) of Public Law 102-484 to the Secretary of State. The 
President further delegated authority in secs. 1412(a), 1431, and 1432 
of Public Law 102-484, and in secs. 503 and 508 of the FREEDOM Support 
Act to the Secretary of Defense. That memorandum further provided that: 
``The Secretary of Defense shall not exercise authority delegated * * * 
with respect to any former Soviet republic unless the Secretary of 
State has exercised his authority and performed the duty delegated * * 
* with respect to that former Soviet Republic. The Secretary of Defense 
shall not obligated funds in the exercise of authority delegated * * * 
unless the Director of the Office of Management and Budget has 
determined that expenditures during fiscal year 1993 pursuant to such 
obligation shall be counted against the defense category of 
discretionary spending limits for that fiscal year (as defined in 
section 601(a)(2) of the Congressional Budget Act of 1974) for purposes 
of Part C of the Balanced Budget and Emergency Deficit Control Act of 
1985.''. (58 F.R. 3193; January 8, 1993).
---------------------------------------------------------------------------
          (1) making a substantial investment of its resources 
        for dismantling or destroying such weapons of mass 
        destruction, if that independent state has an 
        obligation under a treaty or other agreement to destroy 
        or dismantle any such weapons;
          (2) forgoing any military modernization program that 
        exceeds legitimate defense requirements and forgoing 
        the replacement of destroyed weapons of mass 
        destruction;
          (3) forgoing any use in new nuclear weapons of 
        fissionable or other components of destroyed nuclear 
        weapons; and
          (4) facilitating United States verification of any 
        weapons destruction carried out under section 503(a) or 
        504(a) of this Act or section 212 of the Soviet Nuclear 
        Threat Reduction Act of 1991 (title II of Public Law 
        102-228; 22 U.S.C. 2551 note).\22\
---------------------------------------------------------------------------
    \22\For the Soviet Nuclear Threat Reduction Act of 1991, see 
Legislation on Foreign Relations Through 1997, vol. II.
---------------------------------------------------------------------------

SEC. 503.\23\ NONPROLIFERATION AND DISARMAMENT ACTIVITIES IN THE 
                    INDEPENDENT STATES.

    (a) Authorization.--The President is authorized\24\ to 
promote bilateral and multilateral nonproliferation and 
disarmament activities--
---------------------------------------------------------------------------
    \23\22 U.S.C. 5853.
    \24\In a memorandum of December 30, 1992, for the Secretaries of 
State and Defense, and the Director, OMB, the President delegated 
authority established in sec. 502 of the FREEDOM Support Act and in 
sec. 1412(d) of Public Law 102-484 to the Secretary of State. The 
President further delegated authority in secs. 1412(a), 1431, and 1432 
of Public Law 102-484, and in secs. 503 and 508 of the FREEDOM Support 
Act to the Secretary of Defense. That memorandum further provided that: 
``The Secretary of Defense shall not exercise authority delegated * * * 
with respect to any former Soviet republic unless the Secretary of 
State has exercised his authority and performed the duty delegated * * 
* with respect to that former Soviet Republic. The Secretary of Defense 
shall not obligated funds in the exercise of authority delegated * * * 
unless the Director of the Office of Management and Budget has 
determined that expenditures during fiscal year 1993 pursuant to such 
obligation shall be counted against the defense category of 
discretionary spending limits for that fiscal year (as defined in 
section 601(a)(2) of the Congressional Budget Act of 1974) for purposes 
of Part C of the Balanced Budget and Emergency Deficit Control Act of 
1985.''. (58 F.R. 3193; January 8, 1993).
---------------------------------------------------------------------------
          (1) by supporting the dismantlement and destruction 
        of nuclear, biological, and chemical weapons, their 
        delivery systems, and conventional weapons of the 
        independent states of the former Soviet Union;
          (2) by supporting bilateral and multilateral efforts 
        to halt the proliferation of nuclear, biological, and 
        chemical weapons, their delivery systems, related 
        technologies, and other weapons of the independent 
        states, including activities such as--
                  (A) the storage, transportation, and 
                safeguarding of such weapons, and
                  (B) the purchase, barter, or other 
                acquisition of such weapons or materials 
                derived from such weapons;
          (3) by establishing programs for safeguarding against 
        the proliferation of nuclear, biological, chemical, and 
        other weapons of the independent states;
          (4) by establishing programs for preventing diversion 
        of weapons-related scientific and technical expertise 
        of the independent states to terrorist groups or to 
        third countries;
          (5) by establishing science and technology centers in 
        the independent states for the purpose of engaging 
        weapons scientists and engineers of the independent 
        states (in particular those who were previously 
        involved in the design and production of nuclear, 
        biological, and chemical weapons) in productive, 
        nonmilitary undertakings; and
          (6) by establishing programs for facilitating the 
        conversion of military technologies and capabilities 
        and defense industries of the former Soviet Union into 
        civilian activities.
    (b) Funding Priorities.--Priority in carrying out this 
section shall be given to the activities described in 
paragraphs (1) through (5) of subsection (a).
    (c) Use of Defense Funds.--
          (1) Authorization.--In recognition of the direct 
        contributions to the national security interests of the 
        United States of the programs and activities authorized 
        by subsection (a), the President is authorized to make 
        available for use in carrying out those programs and 
        activities, in addition to amounts otherwise available 
        for such purposes, funds made available pursuant to 
        sections 108 and 109 of Public Law 102-229 or under the 
        amendments made by section 506(a) of this Act.\25\
---------------------------------------------------------------------------
    \25\For title I of Public Law 102-229, see Legislation on Foreign 
Relations Through 1997, vol. II.
---------------------------------------------------------------------------
          (2) Limitation.--Funds described in paragraph (1) may 
        not be obligated for programs and activities under 
        subsection (a) unless the Director of the Office of 
        Management and Budget has determined that expenditures 
        during fiscal year 1993 pursuant to such obligation 
        shall be counted against the defense category of the 
        discretionary spending limits for that fiscal year (as 
        defined in section 601(a)(2) of the Congressional 
        Budget Act of 1974) for purposes of part C of the 
        Balanced Budget and Emergency Deficit Control Act of 
        1985.

SEC. 504.\26\ NONPROLIFERATION AND DISARMAMENT FUND.

    (a) Authorization.--The President is authorized to promote 
bilateral and multilateral nonproliferation and disarmament 
activities--
---------------------------------------------------------------------------
    \26\22 U.S.C. 5854. Authorities and duties vested in the President 
under this section are delegated to the Secretary of State, in 
consultation with the Secretary of Defense and other appropriate 
agencies (Presidential memorandum of April 21, 1994; 59 F.R. 21619). 
Funds appropriated or otherwise made available for the Nonproliferation 
and Disarmament Fund are, furthermore, allocated to the Secretary of 
State, by the same memorandum.
---------------------------------------------------------------------------
          (1) by supporting the dismantlement and destruction 
        of nuclear, biological, and chemical weapons, their 
        delivery systems, and conventional weapons;
          (2) by supporting bilateral and multilateral efforts 
        to halt the proliferation of nuclear, biological, and 
        chemical weapons, their delivery systems, related 
        technologies, and other weapons, including activities 
        such as--
                  (A) the storage, transportation, and 
                safeguarding of such weapons, and
                  (B) the purchase, barter, or other 
                acquisition of such weapons or materials 
                derived from such weapons;
          (3) by establishing programs for safeguarding against 
        the proliferation of nuclear, biological, chemical, and 
        other weapons of the independent states of the former 
        Soviet Union;
          (4) by establishing programs for preventing diversion 
        of weapons-related scientific and technical expertise 
        of the independent states to terrorist groups or to 
        third countries;
          (5) by establishing science and technology centers in 
        the independent states for the purpose of engaging 
        weapons scientists and engineers of the independent 
        states (in particular those who were previously 
        involved in the design and production of nuclear, 
        biological, and chemical weapons) in productive, 
        nonmilitary undertakings; and
          (6) by establishing programs for facilitating the 
        conversion of military technologies and capabilities 
        and defense industries of the former Soviet Union into 
        civilian activities.
    (b) Funding Priorities.--Priority in carrying out this 
section shall be given to the activities described in 
paragraphs (1) through (5) of subsection (a).
    (c) Use of Security Assistance Funds.--
          (1) Authorization.--In recognition of the direct 
        contributions to the national security interests of the 
        United States of the programs and activities authorized 
        by subsection (a), the President is authorized to make 
        available for use in carrying out those programs and 
        activities, in addition to amounts otherwise available 
        for such purposes, up to $100,000,000 of security 
        assistance funds for fiscal year 1993.
          (2) Definition.--As used in paragraph (1), the term 
        ``security assistance funds'' means funds made 
        available for assistance under chapter 4 of part II of 
        the Foreign Assistance Act of 1961 (relating to the 
        Economic Support Fund) or assistance under section 23 
        of the Arms Export Control Act (relating to the 
        ``Foreign Military Financing Program'').
          (3) Exemption from certain restrictions.--Section 
        531(e) of the Foreign Assistance Act of 1961, and 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), shall not apply with respect to 
        funds used pursuant to this subsection.

SEC. 505.\27\ LIMITATIONS ON DEFENSE CONVERSION AUTHORITIES.

    Notwithstanding any other provision of law (including any 
other provision of this Act), funds may not be obligated in any 
fiscal year for purposes of facilitating the conversion of 
military technologies and capabilities and defense industries 
of the former Soviet Union into civilian activities, as 
authorized by sections 503(a)(6) and 504(a)(6) or any other 
provision of law, unless the President has previously obligated 
in the same fiscal year an amount equal to or greater than that 
amount of funds for defense conversion and defense transition 
activities in the United States. For purposes of this section, 
the term ``defense conversion and defense transition activities 
in the United States'' means those United States Government 
funded programs whose primary purpose is to assist United 
States private sector defense workers, United States companies 
that manufacture or otherwise provide defense goods or 
services, or United States communities adversely affected by 
reductions in United States defense spending, such as programs 
funded through the Office of Economic Adjustment in the 
Department of Defense, through the Defense Conversion 
Adjustment Program (as authorized by the Job Training 
Partnership Act), or through the Economic Development 
Administration.
---------------------------------------------------------------------------
    \27\22 U.S.C. 5855.
---------------------------------------------------------------------------

SEC. 506.\28\ SOVIET WEAPONS DESTRUCTION.

    (a)\29\ Additional Funding.--
---------------------------------------------------------------------------
    \28\22 U.S.C. 5856.
    \29\Sec. 1421 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2565) made amendments 
identical to those in subsecs. (a) and (b).
---------------------------------------------------------------------------
          (1) Authorization amount.--Section 221(a) of the 
        Soviet Nuclear Threat Reduction Act of 1991 (title II 
        of Public Law 102-228; 22 U.S.C. 2551 note) is amended 
        by striking out ``$400,000,000'' and inserting in lieu 
        thereof ``$800,000,000''.
          (2) Authorization period.--Section 221(e) of such Act 
        is amended--
                  (A) by inserting ``for fiscal year 1992 or 
                fiscal year 1993'' after ``under part B'';
                  (B) by inserting ``for that fiscal year'' 
                after ``for that program''; and
                  (C) by striking out ``for fiscal year 1992'' 
                and inserting in lieu thereof ``for that fiscal 
                year''.
    (b)\29\ Technical Revisions to Public Law 102-229.--Public 
Law 102-229 is amended--
          (1) in section 108 (105 Stat. 1708), by striking out 
        ``contained in H.R. 3807, as passed the Senate on 
        November 25, 1991'' and inserting in lieu thereof 
        ``(title II of Public Law 102-228)''; and
          (2) in section 109 (105 Stat. 1708)--
                  (A) by striking out ``H.R. 3807, as passed 
                the Senate on November 25, 1991'' and inserting 
                in lieu thereof ``Public Law 102-228 (105 Stat. 
                1696)''; and
                  (B) by striking out ``of H.R. 3807''.
    (c)\29\ Avoidance of Duplicative Amendments.--The 
amendments made by this section shall not be effective if the 
National Defense Authorization Act for Fiscal Year 1993 enacts 
an amendment to section 221(a) of the Soviet Nuclear Threat 
Reduction Act of 1991 that authorizes the transfer of an amount 
that is the same or greater than the amount that is authorized 
by the amendment made by subsection (a)(1) of this section and 
enacts amendments identical to those in subsections (a)(2) and 
(b) of this section. If that Act enacts such amendments, 
sections 503 and 508 of this Act shall be deemed to apply with 
respect to the funds made available under such amendments.

SEC. 507.\30\ WAIVER OF CERTAIN PROVISIONS.

    (a) In General.--Funds made available for fiscal year 1993 
under sections 503 and 504 to provide assistance or otherwise 
carry out programs and activities with respect to the 
independent states of the former Soviet Union under those 
sections may be used notwithstanding any other provision of 
law, other than the provisions cited in subsection (b).
---------------------------------------------------------------------------
    \30\22 U.S.C. 5857.
---------------------------------------------------------------------------
    (b) Exceptions.--Subsection (a) does not apply with respect 
to--
          (1) this title; and
          (2) 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.

SEC. 508.\31\ NOTICE AND REPORTS TO CONGRESS.

    (a) Notice of Proposed Obligations.--Not less than 15 days 
before obligating any funds under section 503 or 504 or the 
amendments made by section 506(a), the President shall transmit 
to the Speaker of the House of Representatives, the President 
Pro Tempore of the Senate, and the appropriate congressional 
committees a report on the proposed obligation. Each such 
report shall specify--\32\
---------------------------------------------------------------------------
    \31\22 U.S.C. 5858.
    \32\In a memorandum of December 30, 1992, for the Secretaries of 
State and Defense, and the Director, OMB, the President delegated 
authority established in sec. 502 of the FREEDOM Support Act and in 
sec. 1412(d) of Public Law 102-484 to the Secretary of State. The 
President further delegated authority in secs. 1412(a), 1431, and 1432 
of Public Law 102-484, and in secs. 503 and 508 of the FREEDOM Support 
Act to the Secretary of Defense. That memorandum further provided that: 
``The Secretary of Defense shall not exercise authority delegated * * * 
with respect to any former Soviet republic unless the Secretary of 
State has exercised his authority and performed the duty delegated * * 
* with respect to that former Soviet Republic. The Secretary of Defense 
shall not obligated funds in the exercise of authority delegated * * * 
unless the Director of the Office of Management and Budget has 
determined that expenditures during fiscal year 1993 pursuant to such 
obligation shall be counted against the defense category of 
discretionary spending limits for that fiscal year (as defined in 
section 601(a)(2) of the Congressional Budget Act of 1974) for purposes 
of Part C of the Balanced Budget and Emergency Deficit Control Act of 
1985.''. (58 F.R. 3193; January 8, 1993).
    In a memorandum of April 21, 1994 (59 F.R. 21619), authorities and 
duties vested in the President under this section as they relate to 
section 504 are delegated to the Secretary of State.
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          (1) the account, budget activity, and particular 
        program or programs from which the funds proposed to be 
        obligated are to be derived and the amount of the 
        proposed obligations; and
          (2) the activities and forms of assistance for which 
        the President plans to obligate such funds.
    (b) Semiannual Report.--Not later than April 30, 1993, and 
not later than October 30, 1993, the President shall transmit 
to the Speaker of the House of Representatives, the President 
Pro Tempore of the Senate, and the appropriate congressional 
committees a report on the activities carried out under 
sections 503 and 504 and the amendments made by section 506(a). 
Each such report shall set forth, for the preceding 6-month 
period and cumulatively, the following:
          (1) The amounts expended for such activities and the 
        purposes for which they were expended.
          (2) The source of the funds obligated for such 
        activities, specified by program.
          (3) A description of the participation of all United 
        States Government departments and agencies in such 
        activities.
          (4) A description of the activities carried out and 
        the forms of assistance provided.
          (5) Such other information as the President considers 
        appropriate to fully inform the Congress concerning the 
        operation of the programs and activities carried out 
        under sections 503 and 504 and the amendments made by 
        section 506(a).
    (c) Appropriate Congressional Committees.--As used in this 
section--
          (1) the term ``appropriate congressional committees'' 
        means--
                  (A) the Committee on Foreign Relations of the 
                Senate, the Committee on Foreign Affairs\33\ of 
                the House of Representatives, and the 
                Committees on Appropriations of the House and 
                the Senate, wherever the account, budget 
                activity, or program is funded from 
                appropriations made under the international 
                affairs budget function (150);
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    \33\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) the Committees on Armed Services and the 
                Committees on Appropriations of the Senate and 
                the House of Representatives,\34\ wherever the 
                account, budget activity, or program is funded 
                from appropriations made under the national 
                defense budget function (050); and
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    \34\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.
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          (2) the committee to which the specified activities 
        of section 503(a) or 504(a) or subtitle B of the Soviet 
        Nuclear Threat Reduction Act of 1991\35\ (as the case 
        may be), if the subject of separate legislation, would 
        be referred, under the rules of the respective House of 
        Congress.
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    \35\For text, see Legislation on Foreign Relations Through 1997, 
vol. II.
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SEC. 509.\36\ INTERNATIONAL NONPROLIFERATION INITIATIVE.

    (a) Assistance for International Nonproliferation 
Activities.--Subject to the limitations and requirements 
provided in this section, during fiscal year 1993 the Secretary 
of Defense, under the guidance of the President, may provide 
assistance to support international nonproliferation 
activities.
---------------------------------------------------------------------------
    \36\22 U.S.C. 5859.
---------------------------------------------------------------------------
    (b) Activities For Which Assistance May Be Provided.--
Activities for which assistance may be provided under this 
section are activities such as the following:
          (1) Activities carried out by the International 
        Atomic Energy Agency (IAEA) that are designed to ensure 
        more effective safeguards against nuclear proliferation 
        and more aggressive verification of compliance with the 
        Treaty on the Non-Proliferation of Nuclear Weapons, 
        done on July 1, 1968.
          (2) Activities of the On-Site Inspection Agency in 
        support of the United Nations Special Commission on 
        Iraq.
          (3) Collaborative international nuclear security and 
        nuclear safety projects to combat the threat of nuclear 
        theft, terrorism, or accidents, including joint 
        emergency response exercises, technical assistance, and 
        training.
          (4) Efforts to improve international cooperative 
        monitoring of nuclear proliferation through joint 
        technical projects and improved intelligence sharing.
    (c) Form of Assistance.--(1) Assistance under this section 
may include funds and in-kind contributions of supplies, 
equipment, personnel, training, and other forms of assistance.
    (2) Assistance under this section may be provided to 
international organizations in the form of funds only if the 
amount in the ``Contributions to International Organizations'' 
account of the Department of State is insufficient or otherwise 
unavailable to meet the United States fair share of assessments 
for international nuclear nonproliferation activities.
    (3) No amount may be obligated for an expenditure under 
this section unless the Director of the Office of Management 
and Budget determines that the expenditure will be counted 
against the defense category of the discretionary spending 
limits for fiscal year 1993 (as defined in section 601(a)(2) of 
the Congressional Budget Act of 1974) for purposes of part C of 
the Balanced Budget and Emergency Deficit Control Act of 1985.
    (4) No assistance may be furnished under this section 
unless the Secretary of Defense determines and certifies to the 
Congress 30 days in advance that the provision of such 
assistance--
          (A) is in the national security interest of the 
        United States; and
          (B) will not adversely affect the military 
        preparedness of the United States.
    (5) The authority to provide assistance under this section 
in the form of funds may be exercised only to the extent and in 
the amounts provided in advance in appropriations Act.
    (d) Sources of Assistance.--(1) Funds provided as 
assistance under this section shall be derived from amounts 
made available to the Department of Defense for fiscal year 
1993 or from balances in working capital accounts of the 
Department of Defense.
    (2) Supplies and equipment provided as assistance under 
this section may be provided, by loan or donation, from 
existing stocks of the Department of Defense and the Department 
of Energy.
    (3) The total amount of the assistance provided in the form 
of funds under this section may not exceed $40,000,000. Of such 
amount, not more than $20,000,000 may be used for the 
activities of the On-Site Inspection agency in support of the 
United Nations Special Commission on Iraq.
    (4) Not less than 30 days before obligating any funds to 
provide assistance under this section, the Secretary of Defense 
shall transmit to the committees of Congress named in 
subsection (e)(2) a report on the proposed obligation. Each 
such report shall specify--
          (A) the account, budget activity, and particular 
        program or programs from which the funds proposed to be 
        obligated are to be derived and the amount of the 
        proposed obligation; and
          (B) the activities and forms of assistance for which 
        the Secretary of Defense plans to obligate the funds.
    (e) Quarterly Report.--(1) Not later than 30 days after the 
end of each quarter of fiscal year 1993, the Secretary of 
Defense shall transmit to the committees of Congress named in 
paragraph (2) a report of the activities to reduce the 
proliferation threat carried out under this section. Each 
report shall set forth (for the preceding quarter and 
cumulatively)--
          (A) the amounts spent for such activities and the 
        purposes for which they were spent;
          (B) a description of the participation of the 
        Department of Defense and the Department of Energy and 
        the participation of other Government agencies in those 
        activities; and
          (C) a description of the activities for which the 
        funds were spent.
    (2) The committees of Congress to which reports under 
paragraph (1) and under subsection (d)(2) are to be transmitted 
are--
          (A) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations 
        of the Senate; and
          (B) the Committee on Armed Services, the Committee on 
        Appropriations, the Committee on Foreign Affairs, and 
        the Committee on Energy and Commerce of the House of 
        Representatives.\37\
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    \37\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. Sec. 1(a)(4) of that 
Act similarly provided that reference to the Committee on Energy and 
Commerce shall be treated as referring to the Committee on Commerce, 
and sec. 1(a)(5) provided that reference to the Committee on Foreign 
Affairs shall be treated as referring to the Committee on International 
Relations.
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    (f) Avoidance of Duplicative Authorizations.--This section 
shall not apply if the National Defense Authorization Act for 
Fiscal Year 1993 enacts the same authorities and requirements 
as are contained in this section and authorizes the 
appropriation of the same (or a greater) amount to carry out 
such authorities.

SEC. 510.\38\ REPORT ON SPECIAL NUCLEAR MATERIALS.

    Not later than 180 days after the date of enactment of this 
Act, the Secretary of State shall prepare, in consultation with 
the Secretary of Defense and the Secretary of Energy, and shall 
transmit to the Congress a report on the possible alternatives 
for the ultimate disposition of special nuclear materials of 
the former Soviet Union. This report shall include--
---------------------------------------------------------------------------
    \38\22 U.S.C. 5860.
---------------------------------------------------------------------------
          (1) a cost-benefit analysis comparing (A) the 
        relative merits of the indefinite storage and 
        safeguarding of such materials in the independent 
        states of the former Soviet Union and (B) its 
        acquisition by the United States by purchase, barter, 
        or other means;
          (2) a discussion of relevant issues such as the 
        protection of United States uranium producers from 
        dumping, the relative vulnerability of these stocks of 
        special nuclear materials to illegal proliferation, and 
        the potential electrical and other savings associated 
        with their being made available in the fuel cycle in 
        the United States; and
          (3) a discussion of how highly enriched uranium 
        stocks could be diluted for reactor fuel.

SEC. 511.\39\ RESEARCH AND DEVELOPMENT FOUNDATION.

    (a) Establishment.--The Director of the National Science 
Foundation (hereinafter in this section referred to as the 
``Director'') is authorized to establish an endowed, 
nongovernmental, nonprofit foundation (hereinafter in this 
section referred to as the ``Foundation'') in consultation with 
the Director of the National Institute of Standards and 
Technology.
---------------------------------------------------------------------------
    \39\22 U.S.C. 5861.
---------------------------------------------------------------------------
    (b) Purposes.--The purposes of the Foundation shall be the 
following:
          (1) To provide productive research and development 
        opportunities within the independent states of the 
        former Soviet Union that offer scientists and engineers 
        alternatives to emigration and help prevent the 
        dissolution of the technological infrastructure of the 
        independent states.
          (2) To advance defense conversion by funding civilian 
        collaborative research and development projects between 
        scientists and engineers in the United States and in 
        the independent states of the former Soviet Union.
          (3) To assist in the establishment of a market 
        economy in the independent states of the former Soviet 
        Union by promoting, identifying, and partially funding 
        joint research, development, and demonstration ventures 
        between United States businesses and scientists, 
        engineers, and entrepreneurs in those independent 
        states.
          (4) To provide a mechanism for scientists, engineers, 
        and entrepreneurs in the independent states of the 
        former Soviet Union to develop an understanding of 
        commercial business practices by establishing linkages 
        to United States scientists, engineers, and businesses.
          (5) To provide access for United States businesses to 
        sophisticated new technologies, talented researchers, 
        and potential new markets within the independent states 
        of the former Soviet Union.
    (c) Functions.--In carrying out its purposes, the 
Foundation shall--
          (1) promote and support joint research and 
        development projects for peaceful purposes between 
        scientists and engineers in the United States and 
        independent states of the former Soviet Union on 
        subjects of mutual interest; and
          (2) seek to establish joint nondefense industrial 
        research, development, and demonstration activities 
        through private sector linkages which may involve 
        participation by scientists and engineers in the 
        university or academic sectors, and which shall include 
        some contribution from industrial participants.
    (d) Funding.--
          (1) Use of certain department of defense funds.--(A) 
        To the extent funds appropriated to carry out subtitle 
        E of title XIV of the National Defense Authorization 
        Act for Fiscal Year 1993 (relating to joint research 
        and development programs with the independent states of 
        the former Soviet Union) are otherwise available for 
        such purpose, such funds may be made available to the 
        Director for use by the Director in establishing the 
        endowment of the Foundation and otherwise carrying out 
        this section.
          (B) For each fiscal year after fiscal year 1993, not 
        more than 50 percent of the funds made available to the 
        Foundation by the United States Government may be funds 
        appropriated in the national defense budget function 
        (function 050).
          (2) Contribution to endowment by participating 
        independent states.--As a condition of participation in 
        the Foundation, an independent state of the former 
        Soviet Union must make a minimum contribution to the 
        endowment of the Foundation, as determined by the 
        Director, which shall reflect the ability of the 
        independent state to make a financial contribution and 
        its expected level of participation in the Foundation's 
        programs.
          (3) Debt conversions.--To the extent provided in 
        advance by appropriations Acts, local currencies or 
        other assets resulting from government-to-government 
        debt conversions may be made available to the 
        Foundation. For purposes of this paragraph, the term 
        ``debt conversion'' means an agreement whereby a 
        country's government-to-government or commercial 
        external debt burden is exchanged by the holder for 
        local currencies, policy commitments, other assets, or 
        other economic activities, or for an equity interest in 
        an enterprise theretofore owned by the debtor 
        government.
          (4) Local currencies.--In addition to other uses 
        provided by law, and subject to agreement with the 
        foreign government, local currencies generated by 
        United States assistance programs may be made available 
        to the Foundation.
          (5) Investment of government assistance.--The 
        Foundation may invest any revenue provided to it 
        through United States Government assistance, and any 
        interest earned on such investment may be used only for 
        the purpose for which the assistance was provided.
          (6) Other funds from government and nongovernmental 
        sources.--The Foundation may accept such other funds as 
        may be provided to it by Government agencies or 
        nongovernmental entities.

                 TITLE VI--SPACE TRADE AND COOPERATION

SEC. 601.\40\ FACILITATING DISCUSSIONS REGARDING THE ACQUISITION OF 
                    SPACE HARDWARE, TECHNOLOGY, AND SERVICES FROM THE 
                    FORMER SOVIET UNION.

    (a) Expedited Review.--Any request for a license or other 
approval described in subsection (c) that is submitted to any 
United States Government agency by the National Aeronautics and 
Space Administration, any of its contractors, or any other 
person shall be considered on an expedited basis by that agency 
and any other agency involved in an applicable interagency 
review process.
---------------------------------------------------------------------------
    \40\22 U.S.C. 5871.
---------------------------------------------------------------------------
    (b) Notice to Congress if License Denied.--If any United 
States Government agency denies a request for a license or 
other approval described in subsection (c), that agency shall 
immediately notify the designated congressional committees. 
Each such notification shall include a statement of the reasons 
for the denial.
    (c) Description of Discussions.--This section applies to a 
request for any license or other approval that may be necessary 
to conduct discussions with an independent state of the former 
Soviet Union with respect to the possible acquisition of any 
space hardware, space technology, or space service for 
integration into--
          (1) United States space projects that have been 
        approved by the Congress, or
          (2) commercial space ventures,
including discussions relating to technical evaluation of such 
hardware, technology, or service.

SEC. 602.\41\ OFFICE OF SPACE COMMERCE.

    (a) Trade Missions.--The Office of Space Commerce of the 
Department of Commerce is authorized and encouraged to conduct 
one or more trade missions to appropriate independent states of 
the former Soviet Union for the purpose of familiarizing United 
States aerospace industry representatives with space hardware, 
space technologies, and space services that may be available 
from the independent states, and with the business practices 
and overall business climate in the independent states.
---------------------------------------------------------------------------
    \41\22 U.S.C. 5872.
---------------------------------------------------------------------------
    (b) Monitoring Negotiations.--The Office of Space 
Commerce--
          (1) shall monitor the progress of any discussions 
        described in section 601(c)(1) that are being 
        conducted; and
          (2) shall advise the Administrator of the National 
        Aeronautics and Space Administration as to the impact 
        on United States industry of each potential acquisition 
        of space hardware, space technology, or space services 
        from the independent states of the former Soviet Union, 
        specifically including any anticompetitive issues the 
        Office may observe.

SEC. 603.\42\ REPORT TO CONGRESS.

    Within one year after the date of enactment of this title, 
the President shall submit to the designated congressional 
committees a report describing--
---------------------------------------------------------------------------
    \42\22 U.S.C. 5873.
---------------------------------------------------------------------------
          (1) the opportunities for increased space-related 
        trade with the independent states of the former Soviet 
        Union;
          (2) a technology procurement plan for identifying and 
        evaluating all unique space hardware, space technology, 
        and space services available to the United States from 
        the independent states;
          (3) specific space hardware, space technology, and 
        space services that have been, or could be, the subject 
        of discussions described in section 601(c);
          (4) the trade missions carried out pursuant to 
        section 602(a), including the private participation in 
        and the results of such missions;
          (5) any barriers, regulatory or practical, that 
        inhibit space-related trade between the United States 
        and independent states, including any such barriers in 
        either the United States or the independent states; and
          (6) any anticompetitive issues raised during the 
        course of negotiations, as observed pursuant to section 
        602(b).

SEC. 604.\43\ DEFINITIONS.

    For purposes of this title--
---------------------------------------------------------------------------
    \43\22 U.S.C. 5874.
---------------------------------------------------------------------------
          (1) the term ``contractor'' means a National 
        Aeronautics and Space Administration contractor to the 
        extent that the acquisition of space hardware, space 
        technology, or space services from the independent 
        states of the former Soviet Union may be relevant to 
        the contractor's responsibilities under the contract; 
        and
          (2) the term ``designated congressional committees'' 
        means the Committee on Science, Space, and Technology 
        and the Committee on Foreign Affairs of the House of 
        Representatives\44\ and the Committee on Commerce, 
        Science, and Transportation and the Committee on 
        Foreign Relations of the Senate.
---------------------------------------------------------------------------
    \44\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. 1(a)(10) 
of that Act similarly provided that references to the Committee on 
Science, Space, and Technology shall be treated as referring to the 
Committee on Science.
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                     TITLE VII--AGRICULTURAL TRADE

          * * * * * * *

SEC. 703. ASSISTANCE FOR PRIVATE VOLUNTARY ORGANIZATIONS.

    The President is encouraged to use funds made available 
under section 109 of Public Law 102-229 (105 Stat. 1708), and 
funds made available under chapter 11 of part I of the Foreign 
Assistance Act of 1961, to assist private voluntary 
organizations and cooperatives in carrying out food assistance 
programs for the independent states of the former Soviet Union 
under--
          (1) section 1110 of the Food Security Act of 1985 (7 
        U.S.C. 1736o);
          (2) section 416 of the Agricultural Act of 1949 (7 
        U.S.C. 1431); or
          (3) title II of the Agricultural Trade Development 
        and Assistance Act of 1954 (7 U.S.C. 1721 et seq.).

SEC. 704. DISTRIBUTION OF AID TO THE INDEPENDENT STATES OF THE FORMER 
                    SOVIET UNION.

    It is the sense of Congress that, in order to avoid waste 
and to ensure fair and equitable distribution of food and 
commodities provided to the independent states of the former 
Soviet Union, the President should, as appropriate, when 
discussing and planning the provision of such food aid, whether 
acting unilaterally or multilaterally with other donor 
countries, encourage the involvement of suitable multinational 
organizations to monitor the transport and distribution of such 
food aid within such entities.
          * * * * * * *

SEC. 707. DIRECT CREDIT SALES.

    (a) * * *
    (b) * * *
    (c) * * *
    (d)\45\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \45\22 U.S.C. 5621 note. Subsec. (a) through (c) of this section 
amended the Agricultural Trade Act of 1978 at sec. 201 (7 U.S.C. 5621). 
Subsec. (d), struck out by sec. 276 of Public Law 104-127 (110 Stat. 
977) required that the Secretary of Agriculture issue final regulations 
to implement section 201 of the Agricultural Trade Act of 1978 not 
later than 30 days after the date of enactment of this Act.
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          * * * * * * *

TITLE VIII--UNITED STATES INFORMATION AGENCY, DEPARTMENT OF STATE, AND 
                    RELATED AGENCIES AND ACTIVITIES

SEC. 801.\46\ DESIGNATION OF EDMUND S. MUSKIE FELLOWSHIP PROGRAM. * * *
---------------------------------------------------------------------------

    \46\Sec. 801 amended sec. 227 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), 
relating to the Edmund S. Muskie Fellowship Program.
---------------------------------------------------------------------------

SEC. 802. NEW DIPLOMATIC POSTS IN THE INDEPENDENT STATES.

    There are authorized to be appropriated for ``new 
diplomatic posts'' for personnel, support, and other expenses, 
not otherwise provided for, for the Department of State and the 
United States Information Agency to establish and operate new 
diplomatic posts in the independent states of former Soviet 
Union, $25,000,000 for fiscal year 1993, which are authorized 
to remain available until September 30, 1994.

SEC. 803.\47\ OCCUPANCY OF NEW CHANCERY BUILDINGS. * * *
---------------------------------------------------------------------------

    \47\Sec. 803 repealed subsecs. (f) and (g) of section 132 of the 
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993.
---------------------------------------------------------------------------

SEC. 804. CERTAIN POSITIONS AT UNITED STATES MISSIONS.

    (a)\48\ Amendment.--* * *
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    \48\Sec. 804(a) amended the Omnibus Diplomatic Security and Anti-
Terrorism Act of 1986 at sec. 1004(a). For text, see Legislation on 
Foreign Relations Through 1997, vol. II.
---------------------------------------------------------------------------
    (b)\49\ Funding.--In addition to the funds made available 
pursuant to section 1005(c) of that Act, funds authorized to be 
appropriated by chapter 11 of part I of the Foreign Assistance 
Act of 1961 may be used in carrying out the amendment made by 
subsection (a) with respect to missions in the independent 
states of the former Soviet Union.
---------------------------------------------------------------------------
    \49\22 U.S.C. 4903 note.
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SEC. 805.\50\ INTERNATIONAL DEVELOPMENT LAW INSTITUTE.

    For purposes of the International Organizations Immunities 
Act (22 U.S.C. 288 and following), the International 
Development Law Institute shall be considered to be a public 
international organization in which the United States 
participates under the authority of an Act of Congress 
authorizing such participation.
---------------------------------------------------------------------------
    \50\22 U.S.C. 288j. For International Organizations Immunities Act 
(Public Law 79-291), see Legislation on Foreign Relations Through 1997, 
vol. II.
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SEC. 806.\51\ CERTAIN BOARD FOR INTERNATIONAL BROADCASTING CONSTRUCTION 
                    ACTIVITIES.* * *
---------------------------------------------------------------------------

    \51\Sec. 806 amended the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (104 Stat. 63), at sec. 301(c). For text, 
see Legislation on Foreign Relations Through 1997, vol. II.
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SEC. 807.\52\ EXCHANGES AND TRAINING AND SIMILAR PROGRAMS.

    (a) Funding for Exchanges and Training and Similar 
Programs.--
---------------------------------------------------------------------------
    \52\22 U.S.C. 2452 note.
---------------------------------------------------------------------------
          (1) Authorization of appropriations.--To carry out a 
        broad spectrum of exchanges, and of training and 
        similar programs to promote the objectives described in 
        section 498 of the Foreign Assistance Act of 1961, 
        between the United States and the independent states of 
        the former Soviet Union, there are authorized to be 
        appropriated for fiscal year 1993 (in addition to 
        amounts otherwise available for such purposes) the 
        following:
                  (A) $20,000,000 for exchange programs for 
                secondary school students.
                  (B) $30,000,000 for programs for participants 
                other than secondary school students, including 
                undergraduate and graduate students, farmers 
                and other agribusiness practitioners, and 
                participants in the exchanges carried out under 
                paragraph (2).
          (2) Local and regional self-government exchanges.--
        The Director of the United States Information Agency is 
        authorized to use funds authorized to be appropriated 
        by paragraph (1)(B) to conduct exchanges to provide 
        technical assistance in local and regional self-
        government to the independent states.
          (3) Report on proposed funding allocations.--Within 
        45 days after the date of the enactment of this Act, 
        the coordinator designated pursuant to section 102(a) 
        of this Act shall submit to the Congress a report 
        specifying the amount of funds authorized to be 
        appropriated by paragraph (1) that is proposed to be 
        allocated for each category of program and for each 
        Government agency.
          (4) Program administration.--
                  (A) USIA.--Educational, cultural, and any 
                other exchange programs carried out under this 
                subsection, including any such programs for 
                secondary school students, shall be 
                administered by the United States Information 
                Agency, and funds allocated for such programs 
                shall be transferred to that Agency.
                  (B) Other agencies.--Training and other non-
                exchange programs carried out under this 
                subsection shall be administered by the Agency 
                for International Development or such other 
                Government agency as has experience and 
                expertise in carrying out such programs.
          (5) Administrative expenses.--Up to 5 percent of the 
        funds made available to each Government agency under 
        this subsection may be used by that agency for 
        administrative expenses of program implementation.
    (b) Enhancement of USIA Educational and Cultural Exchange 
Programs.--In addition to amounts otherwise available for such 
purposes, there are authorized to be appropriated to the United 
States Information Agency for fiscal year 1993 for enhancement 
of existing educational and cultural exchange programs the 
following:
          (1) $9,950,000 for Fulbright Academic Exchange 
        Programs.
          (2) $10,850,000 for other programs administered by 
        the Bureau of Educational and Cultural Affairs.
    (c)\53\ Repeal.--Effective 6 months after the date of 
enactment of this Act, section 225 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993, and the item 
relating to that section in the table of contents set forth in 
section 2 of that Act, are repealed.
---------------------------------------------------------------------------
    \53\22 U.S.C. 2452 note.
---------------------------------------------------------------------------
    (d)\54\ Agribusiness Exchanges.--
---------------------------------------------------------------------------
    \54\Section 4 of Executive Order 12884 of December 1, 1993 (58 F.R. 
64099; December 3, 1993) delegated to the Secretary of Agriculture 
those functions conferred upon the President in sec. 807(d). This 
delegation of authority is subject to the authority of the Coordinator 
(as established in sec. 102).
---------------------------------------------------------------------------
          (1) Authorization.--The President is authorized to 
        establish regional agribusiness offices at State 
        universities and land grant colleges in the United 
        States for the purpose of expanding exchanges between 
        agribusiness practitioners in the United States and 
        agribusiness practitioners in the independent states of 
        the former Soviet Union.
          (2) Limitation on funding sources.--Funds authorized 
        to be appropriated by this section or other provisions 
        of this Act (including chapter 11 of part I of the 
        Foreign Assistance Act of 1961) may not be used to 
        carry out this subsection.

                       TITLE IX--OTHER PROVISIONS

          * * * * * * *

SEC. 902.\55\ JOHNSON ACT.

    Section 955 of title 18, United States Code, shall not 
apply with respect to any obligations of the former Soviet 
Union, or any of the independent states of the former Soviet 
Union, or any political subdivision, organization, or 
association thereof.
---------------------------------------------------------------------------
    \55\18 U.S.C. 955 note. For text of the Johnson Act (Public Law 80-
772), see Legislation on Foreign Relations Through 1997, vol. III.
---------------------------------------------------------------------------

SEC. 903. SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED) ACT.

    (a) Scope of Authority.--The Support for East European 
Democracy (SEED) Act of 1989 is amended by inserting after 
section 2 (22 U.S.C. 5401) the following: * * *
          * * * * * * *

SEC. 906.\56\ ELIGIBILITY OF BALTIC STATES FOR NONLETHAL DEFENSE 
                    ARTICLES.

    (a) Eligibility.--Estonia, Latvia, and Lithuania shall each 
be eligible--
---------------------------------------------------------------------------
    \56\22 U.S.C. 2753 note.
---------------------------------------------------------------------------
          (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)).

SEC. 907.\57\ 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.
---------------------------------------------------------------------------
    \57\22 U.S.C. 5812 note. Section 1(a)(1) 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 sec. 
907.
    Title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2397), 
provided the following:
---------------------------------------------------------------------------

 ``assistance for the new independent states of the former soviet union
          * * * * * * *
---------------------------------------------------------------------------
    ``(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 [relating to international border security among 
        the states of the former Soviet Union, the Baltic States, and 
        other countries of Eastern Europe];
          ``(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.''.

             TITLE X--INTERNATIONAL FINANCIAL INSTITUTIONS

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


          Note.--Title X amended several Public Laws relating 
        to international financial institutions. See 
        International Financial Institutions in Legislation on 
        Foreign Relations Through 1997, vol. III.

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


          * * * * * * *

SEC. 1004.\58\ SUPPORT FOR MACROECONOMIC STABILIZATION IN THE 
                    INDEPENDENT STATES OF THE FORMER SOVIET UNION.

    (a) In General.--In order to promote macroeconomic 
stabilization and the integration of the independent states of 
the former Soviet Union into the international financial 
system, enhance the opportunities for trade, improve the 
climate for foreign investment, and strengthen the process of 
transformation of the former socialist economies into free 
enterprise systems and thereby progressively enhance the well-
being of the citizens of these states, the United States should 
in appropriate circumstances take a leading role in organizing 
and supporting multilateral efforts at macroeconomic 
stabilization and debt rescheduling, conditioned on the 
appropriate development and implementation of comprehensive 
economic reform programs.
---------------------------------------------------------------------------
    \58\22 U.S.C. 5812 note.
---------------------------------------------------------------------------
    (b) Currency Stabilization.--In furtherance of the purposes 
and consistent with the conditions described in subsection (a), 
the Congress expresses its support for United States 
participation, in sums of up to $3,000,000,000, in a currency 
stabilization fund or funds for the independent states of the 
former Soviet Union.
    (c) Study of the Need for and Feasibility of a Currency 
Stabilization Fund for Ukraine.--The Secretary of the Treasury 
shall instruct the United States Executive Director of the 
International Monetary Fund to use the voice and vote of the 
United States to urge the Fund to conduct a study of the need 
for and feasibility of a currency stabilization fund for 
Ukraine, and, if it is found that such a fund is needed and is 
feasible, which considers and makes recommendations with 
respect to the economic and policy conditions required for the 
success of such a fund.
          * * * * * * *

SEC. 1007.\59\ REPORT ON DEBT OF THE FORMER SOVIET UNION HELD BY 
                    COMMERCIAL FINANCIAL INSTITUTIONS.

    The Secretary of the Treasury, using information available 
from the International Monetary Fund, the International Bank 
for Reconstruction and Development, and other appropriate 
international financial institutions, shall report to the 
Congress, not later than one year after the date of enactment 
of this Act, on the debt incurred by the former Soviet Union 
that is held by commercial financial institutions outside the 
independent states of the former Soviet Union that are 
obligated on such debt.
---------------------------------------------------------------------------
    \59\22 U.S.C. 5812 note.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1009. MULTILATERAL INVESTMENT GUARANTEES FOR THE INDEPENDENT 
                    STATES OF THE FORMER SOVIET UNION.

    Not later than 60 days after the date of enactment of this 
Act, the United States Director of the Multilateral Investment 
Guarantee Agency shall transmit to the Congress a report 
analyzing--
          (1) the investments in the independent states of the 
        former Soviet Union which have been guaranteed by the 
        Agency; and
          (2) the demand for investment guarantees of the type 
        provided by the Agency for investments in the 
        independent states.
               (3) Emergency Airlift to the Soviet Union

 Partial text\1\ of Public Law 102-228 [Conventional Forces in Europe 
Treaty Implementation Act of 1991; H.R. 3807], 105 Stat. 1691, approved 
                           December 12, 1991

AN ACT To amend the Arms Export Control Act to authorize the President 
to transfer battle tanks, artillery pieces, and armored combat vehicles 
   to member countries of the North Atlantic Treaty Organization in 
  conjunction with implementation of the Treaty on Conventional Armed 
                           Forces in Europe.

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

SECTION 1.\2\ SHORT TITLE.

    This Act may be cited as the ``Conventional Forces in 
Europe Treaty Implementation Act of 1991''.
---------------------------------------------------------------------------
    \1\See also Legislation on Foreign Relations Through 1997, vol. II.
    \2\22 U.S.C. 2751 note.
---------------------------------------------------------------------------
          * * * * * * *

             TITLE III--EMERGENCY AIRLIFT AND OTHER SUPPORT

SEC. 301.\3\ AUTHORITY TO TRANSFER CERTAIN FUNDS TO PROVIDE EMERGENCY 
                    AIRLIFT AND OTHER SUPPORT.

    (a) Findings.--The Congress finds--
---------------------------------------------------------------------------
    \3\While this section was enacted to authorize the transfer of 
funds for Soviet humanitarian assistance, Public Law 102-229 (105 Stat. 
1701) originally referred to sec. 301 of H.R. 3807, as passed by the 
Senate on November 25, 1991, when it appropriated funds or transferred 
funds for that assistance. In a January 21, 1992, memorandum for the 
Secretary of Defense (57 F.R. 3111; January 28, 1992), the President 
also referred to sec. 301 of H.R. 3807, as passed by the Senate on 
November 25, 1991, when he directed the Secretary of Defense to make 
certain transfers, and delegated certain authorities and duties to the 
Secretary.
    Subsequently, sec. 1421(b) of the National Defense Authorization 
Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565) made 
technical corrections to Public Law 102-229 to omit references to H.R. 
3807 and insert in lieu thereof references to this Act.
---------------------------------------------------------------------------
          (1) that political and economic conditions within the 
        Soviet Union and its republics are unstable and are 
        likely to remain so for the foreseeable future;
          (2) that these conditions could lead to the return of 
        antidemocratic forces in the Soviet Union;
          (3) that one of the most effective means of 
        preventing such a situation is likely to be the 
        immediate provision of humanitarian assistance; and
          (4) that should this need arise, the United States 
        should have funds readily available to provide for the 
        transport of such assistance to the Soviet Union, its 
        republics, and any successor entities.
    (b) Authority to Transfer Certain Funds.--
          (1) In general.--Notwithstanding any other provision 
        of law, the Secretary of Defense, at the direction of 
        the President, may during fiscal year 1992, to the 
        extent provided in an appropriations Act or joint 
        resolution, transfer to the appropriate defense 
        accounts sufficient funds, not to exceed $100,000,000, 
        from funds described in paragraph (3) in order to 
        transport, by military or commercial means, food, 
        medical supplies, and other types of humanitarian 
        assistance to the Soviet Union, its republics, or any 
        successor entities--with the consent of the relevant 
        republic government or independent successor entity--in 
        order to address emergency conditions which may arise 
        in such republic or successor entity, as determined by 
        the President. As used in this subsection, the term 
        ``humanitarian assistance'' does not include 
        construction equipment, including tractors, scrapers, 
        loaders, graders, bulldozers, dumptrucks, generators, 
        and compressors.
          (2) Reports by the secretary of state.--The Secretary 
        of State shall promptly report to the President 
        regarding any emergency conditions which may require 
        such humanitarian assistance. The Secretary's report 
        shall include an estimate of the extent of need for 
        such assistance, discuss whether the consent of the 
        relevant republic government or independent successor 
        entity has been given for the delivery of such 
        assistance, describe steps other nations and 
        organizations are prepared to take in response to an 
        emergency, and discuss the foreign policy implications, 
        if any, of providing such assistance.
          (3) Source of funds.--Any funds which are transferred 
        pursuant to this subsection shall be drawn from amounts 
        appropriated to the Department of Defense for fiscal 
        year 1992 or from balances in working capital accounts 
        established under section 2208 of title 10, United 
        States Code.
          (4) Emergency requirements.--The Congress designates 
        all funds transferred pursuant to this section as 
        ``emergency requirements'' for all purposes of the 
        Balanced Budget and Emergency Deficit Control Act of 
        1985. Notwithstanding any other provision of law, funds 
        shall be available for transfer pursuant to this 
        section only if, not later than the date of enactment 
        of the appropriations Act or joint resolution that 
        makes funds available for transfer pursuant to this 
        section, the President, in a single designation, 
        designates the entire amount of funds made available 
        for such transfer by that appropriations Act or joint 
        resolution to be ``emergency requirements'' for all 
        purposes of the Balanced Budget and Emergency Deficit 
        Control Act of 1985.
    (c) Repayment Arrangements.--
          (1) Reimbursement arrangements.--Assistance provided 
        under subsection (b) to the Soviet Union, any of its 
        republics, or any successor entity shall be 
        conditioned, to the extent that the President 
        determines to be appropriate after consultation with 
        the recipient government, upon the agreement of the 
        recipient government to reimburse the United States 
        Government for the cost of such assistance from natural 
        resources or other materials available to the recipient 
        government.
          (2) Natural resources, etc.--The President shall 
        encourage the satisfaction of such reimbursement 
        arrangements through the provision of natural 
        resources, such as oil and petroleum products and 
        critical and strategic materials, and industrial goods. 
        Materials received by the United States Government 
        pursuant to this subsection that are suitable for 
        inclusion in the Strategic Petroleum Reserve or the 
        National Defense Stockpile may be deposited in the 
        reserve or stockpile without reimbursement. Other 
        material and services received may be sold or traded on 
        the domestic or international market with the proceeds 
        to be deposited in the General Fund of the Treasury.
    (d) Dire Emergency Supplemental Appropriations.--It is the 
sense of the Senate that the committee of conference on House 
Joint Resolution 157 should consider providing the necessary 
authority in the conference agreement for the Secretary of 
Defense to transfer funds pursuant to this title.

SEC. 302. REPORTING REQUIREMENTS.

    (a) Prior Notice.--Before any funds are transferred for the 
purposes authorized in section 301(b), the President shall 
notify the Committees on Armed Services and the Committees on 
Appropriations of the Senate and the House of 
Representatives\4\ of the account, budget activity, and 
particular program or programs from which the transfer is 
planned to be made and the amount of the transfer.
---------------------------------------------------------------------------
    \4\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.
---------------------------------------------------------------------------
    (b) Reports to the Congress.--Within ten days after 
directing the Secretary of Defense to transfer funds pursuant 
to section 301(b), the President shall provide a report to the 
Committees on Armed Services of the Senate and House of 
Representatives, the Committees on Appropriations of the Senate 
and House of Representatives, and the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of 
the House of Representatives.\5\ This report shall at a 
minimum, set forth--
---------------------------------------------------------------------------
    \5\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. Sec. 1(a)(5) of that 
Act similarly provided that references to the Committee on Foreign 
Affairs shall be treated as referring to the Committee on International 
Relations.
---------------------------------------------------------------------------
          (1) the amount of funds transferred under this title, 
        including the source of such funds;
          (2) the conditions which prompted the use of this 
        authority;
          (3) the form and number of lift assets planned to be 
        used to deliver assistance pursuant to this title;
          (4) the types and purpose of the cargo planned to be 
        delivered pursuant to this title; and
          (5) the locations, organizations, and political 
        institutions to which assistance is planned to be 
        delivered pursuant to this title.
          * * * * * * *
  (4) Soviet-Eastern European Education and Training Programs in the 
    Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

Partial text of Public Law 102-138 [H.R. 1415], 105 Stat. 647, approved 
 October 28, 1991; amended by Public Law 102-511 [FREEDOM Support Act; 
          S. 2532], 106 Stat. 3320, approved October 24, 1992

 AN ACT To authorize appropriations for fiscal years 1992 and 1993 for 
            the Department of State, and for other purposes.

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

   TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

                PART A--UNITED STATES INFORMATION AGENCY

SEC. 210.\1\ CLAUDE AND MILDRED PEPPER SCHOLARSHIP PROGRAM.
---------------------------------------------------------------------------

    \1\22 U.S.C. 2452 note.
---------------------------------------------------------------------------
  (a) Purpose.--It is the purpose of this section to provide 
Federal financial assistance to facilitate a program to enable 
high school and college students from emerging democracies, who 
are visiting the United States, to spend from one to two weeks 
in Washington, District of Columbia, observing and studying the 
workings and operations of the democratic form of government of 
the United States.
  (b) Grants.--The Director of the United States Information 
Agency is authorized to make grants to the Claude and Mildred 
Pepper Scholarship Program of the Washington Workshops 
Foundation to carry out the purpose specified in subsection 
(a).
  (c)\2\ Authorization of Appropriations.--There are authorized 
to be appropriated $1,000,000 for fiscal year 1992 to carry out 
this section, of which not more than $500,000 is authorized to 
be available for obligation or expenditure during that fiscal 
year. Amounts appropriated pursuant to this subsection are 
authorized to be available until expended.
---------------------------------------------------------------------------
    \2\The Department of State and Related Agencies Appropriations Act, 
1993 (title V of Public Law 102-395; 106 Stat. 1870), provided under 
educational and cultural exchange programs, that ``$200,000 shall be 
available for the Claude and Mildred Pepper Scholarship Program of the 
Washington Workshops Foundation''.
---------------------------------------------------------------------------
          * * * * * * *

           PART B--BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS

SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

  In addition to amounts otherwise made available under section 
201 for such purposes, there are authorized to be appropriated 
to the Bureau of Educational and Cultural Affairs to carry out 
the purposes of the Mutual Educational and Cultural Exchange 
Act of 1961 the following amounts: * * *\3\
---------------------------------------------------------------------------
    \3\The Department of State and Related Agencies Appropriations Act, 
1992 (title V of Public Law 102-140; 105 Stat. 822), provided the 
following:
---------------------------------------------------------------------------

              ``EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
---------------------------------------------------------------------------
    ``For expenses of Fulbright, International Visitor, Humphrey 
Fellowship, Citizen Exchange, and Congress-Bundestag Exchange Programs, 
as authorized by the Mutual Educational and Cultural Exchange Act, as 
amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 
(91 Stat. 1636), $194,232,000, to remain available until expended as 
authorized by 22 U.S.C. 2455, of which $1,000,000 shall be available 
for the Claude and Mildred Pepper Scholarship Program of the Washington 
Workshops Foundation.''.
    The Department of State and Related Agencies Appropriations Act, 
1993 (title V of Public Law 102-395; 106 Stat. 1870), provided the 
following:
---------------------------------------------------------------------------

              ``EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
---------------------------------------------------------------------------
    ``For expenses of Fulbright, International Visitor, Humphrey 
Fellowship, Citizen Exchange, and Congress-Bundestag Exchange Programs, 
as authorized by the Mutual Educational and Cultural Exchange Act, as 
amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 
(91 Stat. 1636), $223,447,000, to remain available until expended as 
authorized by 22 U.S.C. 2455, of which $200,000 shall be available for 
the Claude and Mildred Pepper Scholarship Program of the Washington 
Workshops Foundation and $600,000 shall be available for the Institute 
of Representative Government.''.
---------------------------------------------------------------------------
          (5) Other programs.--For ``East Europe Training 
        Projects'', ``Citizen Exchange Programs'', and the 
        ``Congress-Bundestag Exchange Program'', $14,028,000 
        for the fiscal year 1992 and $14,700,000 for the fiscal 
        year 1993.
          * * * * * * *
          (9) Soviet-american interparliamentary exchanges.--
        For the expenses of Soviet-American Interparliamentary 
        meetings and visits in the United States approved by 
        the joint leadership of the Congress, after an 
        opportunity for appropriate consultation with the 
        Secretary of State and the Director of the United 
        States Information Agency, there are authorized to be 
        appropriated $2,000,000 for the fiscal year 1992, of 
        which not more than $1,000,000 shall be available for 
        obligation or expenditure during that fiscal year. 
        Amounts appropriated under this subsection are 
        authorized to be available until expended.
          * * * * * * *

SEC. 225.\4\ * * * [Repealed--1992]
      
---------------------------------------------------------------------------
    \4\Formerly at 22 U.S.C. 2452 note. Sec. 807(c) of the FREEDOM 
Support Act (Public Law 102-511; 3354) repealed sec. 225, effective 6 
months after the date of enactment of that Act [enacted October 24, 
1992].
    Sec. 225 formerly read as follows:
---------------------------------------------------------------------------

           ``EASTERN EUROPE STUDENT EXCHANGE ENDOWMENT FUND.
---------------------------------------------------------------------------
    ``(a) Establishment of Federal Endowment.--The Director of the 
United States Information Agency is authorized to establish an 
endowment fund (hereafter in this section referred to as the `fund'), 
in accordance with the provisions of this section, to support an 
exchange program among secondary school students from the United States 
and secondary school students from former Warsaw Pact countries in 
Eastern Europe, including from the territory formerly known as East 
Germany. The Director may enter into such agreements as may be 
necessary to carry out the purposes of this section.
    ``(b) Transfer.--
---------------------------------------------------------------------------

          ``(1) Appropriations and other available funds.--The Director 
        shall transfer to the fund the amounts appropriated pursuant to 
        the authority of subsection (f) to carry out the exchange 
        program under this section.
          ``(2) Gifts.--(A) The Director is authorized to accept, use, 
        and dispose of gifts of donations of services or property to 
        carry out the provisions of this section.
          ``(B) Any sums received by the Director pursuant to 
        subparagraph (A) shall be transferred to the fund.
          ``(3) In general.--The Director in investing the corpus and 
        income of the fund, shall exercise the judgment and care, under 
        the prevailing circumstances, which a person of prudence, 
        discretion, and intelligence would exercise in the management 
        of that person's own business affairs.
          ``(4) Special rule.--The fund corpus and income shall be 
        invested in federally insured bank savings accounts or 
        comparable interest bearing accounts, certificates of deposit, 
        money market funds, mutual funds, obligations of the United 
        States, or other low-risk instruments and securities.
---------------------------------------------------------------------------
    ``(c) Withdrawals and Expenditures.--The Director may withdraw or 
expend amounts from the fund for any expenses necessary to carry out 
the exchange program described in subsection (a).
    ``(d) Definitions.--For the purposes of this section--
---------------------------------------------------------------------------

          ``(1) the term `secondary school' has the same meaning given 
        to such term by section 1471(21) of the Elementary and 
        Secondary Education Act of 1965; and
          ``(2) the term `Director' means the Director of the United 
        States Information Agency.
---------------------------------------------------------------------------
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated $1,000,000 to carry out the provisions of this section. 
Funds appropriated pursuant to this subsection are authorized to be 
available until expended.''.
---------------------------------------------------------------------------

SEC. 226.\5\ ENHANCED EDUCATIONAL EXCHANGE PROGRAM.

  (a) Programs for Foreign Students and Scholars.--
---------------------------------------------------------------------------
    \5\22 U.S.C. 2452 note.
---------------------------------------------------------------------------
          (1) Not later than September 30, 1993, the number of 
        scholarships provided to foreign students and scholars 
        by the Bureau of Educational and Cultural Affairs of 
        the United States Information Agency for the purpose of 
        study, research, or teaching in the United States shall 
        be increased by 100 over the number of such 
        scholarships provided in fiscal year 1991, subject to 
        the availability of appropriations.
          (2) Scholarships provided to meet the requirements of 
        paragraph (1) shall be available only--
                  (A) to students and scholars from the new 
                democracies of Eastern Europe,
                  (B) to students and scholars from the Soviet 
                Union;
                  (C) to students and scholars from countries 
                determined by the Associate Director of the 
                Bureau of Educational and Cultural Affairs to 
                be not adequately represented in the foreign 
                student population in the United States.
  (b) Programs for United States Students and Scholars.--
          (1) Not later than September 30, 1993, the number of 
        scholarships provided to United States students and 
        scholars by the Bureau of Educational and Cultural 
        Affairs of the United States Information Agency for the 
        purpose of study, research, or teaching in other 
        countries shall be increased by 100 over the number of 
        such scholarships provided in fiscal year 1991, subject 
        to the availability of appropriations.
          (2) Scholarships provided to meet the requirements of 
        paragraph (1) shall be available only for study, 
        research, and teaching in the new democracies of 
        Eastern Europe, the Soviet Union, and non-European 
        countries.
  (c) Definition.--For the purposes of this section, the term 
``scholarship'' means an amount to be used for full or partial 
support of tuition and fees to attend an educational 
institution, and may include fees, books and supplies, 
equipment required for courses at an educational institution, 
and living expenses at a United States or foreign educational 
institution.
  (d) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated for the Bureau of 
Educational and Cultural Affairs, there are authorized to be 
appropriated $2,000,000 for fiscal year 1992 and $2,000,000 for 
fiscal year 1993 to carry out the purposes of this section. 
Amounts appropriated under this subsection are authorized to be 
available until expended.

SEC. 227.\5\ LAW AND BUSINESS TRAINING PROGRAM FOR GRADUATE STUDENTS 
                    FROM THE SOVIET UNION, LITHUANIA, LATVIA, AND 
                    ESTONIA.

  (a) Statement of Purpose.--The purpose of this section is to 
establish a scholarship program designed to bring students from 
the Soviet Union, Lithuania, Latvia, and Estonia to the United 
States for study in the United States.
  (b) Scholarship Program Authority.--Subject to the 
availability of appropriations under subsection (d), the 
President, acting through the United States Information Agency, 
shall provide scholarships (including partial assistance) for 
study at United States institutions of higher education 
together with private and public sector internships by 
nationals of the Soviet Union, Lithuania, Latvia, and Estonia 
who have completed their undergraduate education and would not 
otherwise have the opportunity to study in the United States 
due to financial limitations.
  (c) Guidelines.--The scholarship program under this section 
shall be carried out in accordance with the following 
guidelines:
          (1) Consistent with section 112(b) of the Mutual 
        Educational and Cultural Exchange Act of 1961 (22 
        U.S.C. 2460(b)), all programs created pursuant to this 
        Act shall be nonpolitical and balanced, and shall be 
        administered in keeping with the highest standards of 
        academic integrity and cost-effectiveness.
          (2) The United States Information Agency shall design 
        ways to identify promising students for study in the 
        United States.
          (3) The United States Information Agency should 
        develop and strictly implement specific financial need 
        criteria. Scholarships under this Act may only be 
        provided to students who meet the financial need 
        criteria.
          (4) The program may utilize educational institutions 
        in the United States, if necessary, to help 
        participants acquire necessary skills to fully 
        participate in professional training.
          (5) Each participant shall be selected on the basis 
        of academic and leadership potential in the fields of 
        business administration, economics, law, or public 
        administration. Scholarship opportunities shall be 
        limited to fields that are critical to economic reform 
        and political development in the Soviet Union, 
        Lithuania, Latvia, and Estonia, particularly business 
        administration, economics, law, or public 
        administration.
          (6) The program shall be flexible to include not only 
        training and educational opportunities offered by 
        universities in the United States, but to also support 
        internships, education, and training in a professional 
        setting.
          (7) The program shall be flexible with respect to the 
        number of years of education financed, but in no case 
        shall students be brought to the United States for less 
        than one year.
          (8) Further allowance shall be made in the 
        scholarship for the purchase of books and related 
        educational material relevant to the program of study.
          (9) Further allowance shall be made to provide 
        opportunities for professional, academic, and cultural 
        enrichment for scholarship recipients.
          (10) The program shall, to the maximum extent 
        practicable, offer equal opportunities for both male 
        and female students to study in the United States.
          (11) The program shall, to the maximum extent 
        practicable, offer equal opportunities for students 
        from each of the Soviet republics, Lithuania, Latvia, 
        and Estonia.
          (12) The United States Information Agency shall 
        recommend to each student who receives a scholarship 
        under this section that the student include in their 
        course of study programs which emphasize the ideas, 
        principles, and documents upon which the United States 
        was founded.
  (d) Funding of Scholarships for Fiscal Year 1992 and Fiscal 
Year 1993.--There are authorized to be appropriated to the 
United States Information Agency $7,000,000 for fiscal year 
1992, and $7,000,000 for fiscal year 1993, to carry out this 
section.
  (e) Compliance With Congressional Budget Act.--Any authority 
provided by this section shall be effective only to the extent 
and in such amounts as are provided in advance in appropriation 
Acts.
    (f)\6\ Designation of Program and Scholarships.--
---------------------------------------------------------------------------
    \6\Sec. 801 of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3352) added subsec. (f).
---------------------------------------------------------------------------
          (1) The scholarship program established by this 
        section shall be known as the ``Edmund S. Muskie 
        Fellowship Program''.
          (2) Scholarships provided under this section shall be 
        known as ``Muskie Fellowships''.
          * * * * * * *
             (5) Eisenhower Exchange Fellowship Act of 1990

  Public Law 101-454 [S. 2017], 104 Stat. 1063, approved October 24, 
 1990; amended by Public Law 104-72 [S. 1465], 109 Stat. 776, approved 
   December 23, 1995; Public Law 104-99 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 1996; H.R. 1868], 
 enacted by reference in sec. 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 104-134 [H.R. 3019; 
Omnibus Consolidated Rescissions and Appropriations Act of 1996, title 
  I, sec. 101(a), title IV, Department of State and Related Agencies 
 Appropriations Act, 1996], 110 Stat. 1321 at 1321-36, approved April 
                                26, 1996

  AN ACT To provide a permanent endowment for the Eisenhower Exchange 
                          Fellowship Program.

    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 ``Eisenhower Exchange 
Fellowship Act of 1990''.
---------------------------------------------------------------------------
    \1\20 U.S.C. 5201 note.
---------------------------------------------------------------------------

SEC. 2.\2\ PURPOSES.

    The purposes of this Act are--
---------------------------------------------------------------------------
    \2\20 U.S.C. 5201.
---------------------------------------------------------------------------
          (1) to provide a permanent endowment for the 
        Eisenhower Exchange Fellowship Program;
          (2) to honor Dwight D. Eisenhower for his character, 
        courage, and patriotism, and for his leadership based 
        on moral integrity and trust;
          (3) to pay tribute to President Eisenhower's 
        leadership in war and peace, through his diverse 
        understanding of history, practical affairs, and the 
        hearts of humankind;
          (4) to address America's need for the best possible 
        higher education of its young talent for a competitive 
        world which shares a common and endangered environment;
          (5) to advance the network of friendship and trust 
        already established in President Eisenhower's name, so 
        that it may continue to grow to the imminent challenges 
        of the 21st century;
          (6) to complete Dwight David Eisenhower's crusade to 
        liberate the people's\3\ of Europe from oppression;
---------------------------------------------------------------------------
    \3\So in original. Should read peoples.
---------------------------------------------------------------------------
          (7) to deepen and expand relationships with European 
        nations developing democracy and self-determination; 
        and
          (8) to honor President Dwight D. Eisenhower on the 
        occasion of the centennial of his birth through 
        permanent endowment of an established fellowship 
        program, the Eisenhower Exchange Fellowships, to 
        increase educational opportunities for young leaders in 
        preparation for and enhancement of their professional 
        careers, and advancement of peace through international 
        understanding.

SEC. 3.\4\ EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND.

    (a) Establishment.--There is established in the Treasury of 
the United States a trust fund to be known as the Eisenhower 
Exchange Fellowship Program Trust Fund (hereinafter in this Act 
referred to as the ``fund''). The fund shall consist of amounts 
authorized to be appropriated under section 5 of this Act.
---------------------------------------------------------------------------
    \4\20 U.S.C. 5202.
---------------------------------------------------------------------------
    (b) Investment in Interest Bearing Obligations.--It shall 
be the duty of the Secretary of the Treasury to invest in full 
amounts appropriated to the fund. Such investments may be made 
only in interest-bearing obligations of the United States or in 
obligations guaranteed as to both principal and interests\5\ by 
the United States. For such purpose, such obligations may be 
acquired (1) on original issue at the issue price, or (2) by 
purchase of outstanding obligations at the market price. The 
purposes for which obligations of the United States may be 
issued under chapter 31 of title 31, are hereby extended to 
authorize the issuance at par of special obligations 
exclusively to the fund. Such special obligations shall bear 
interest at a rate equal to the average rate of interest, 
computed as to the end of the calendar month next preceding the 
date of such issue borne by all marketable interest-bearing 
obligations of the United States then forming a part of the 
public debt; except that where such average rate is not a 
multiple of one-eighth of 1 percent, the rate of interest of 
such special obligations shall be the multiple of one-eighth of 
1 percent next lower than such average rate. Such special 
obligations shall be issued only if the Secretary determines 
that the purchase of other than interest-bearing obligations of 
the United States, or of obligations guaranteed as to both 
principal and interest by the United States or original issue 
or at the market price, is not in the public interest.
---------------------------------------------------------------------------
    \5\Should probably read ``interest''.
---------------------------------------------------------------------------
    (c) Sale and Redemption of Obligations.--Any obligation 
acquired by the fund (except special obligations issued 
exclusively to the fund) may be sold by the Secretary of the 
Treasury at the market price, and such special obligations may 
be redeemed at par plus accrued interest.
    (d) Credit to the Fund of Interest and Proceeds of Sale or 
Redemption.--The interest on, and the proceeds from the sale or 
redemption of, any obligations held in the fund shall be 
credited to and form a part of the fund.

SEC. 4.\6\ EXPENDITURE AND AUDIT OF TRUST FUND.

    (a) Authorization of Funding.--For each fiscal year, there 
is authorized to be appropriated from the fund to Eisenhower 
Exchange Fellowships, Incorporated, the interest and earnings 
of the fund.
---------------------------------------------------------------------------
    \6\20 U.S.C. 5203.
---------------------------------------------------------------------------
    (b) Access to Books, Records, Etc. by General Accounting 
Office.--The activities of Eisenhower Exchange Fellowships, 
Incorporated, may be audited by the General Accounting Office 
under such rules and regulations as may be prescribed by the 
Comptroller General of the United States. The representatives 
of the General Accounting Office shall have access to all 
books, accounts, records, reports, and files and all other 
papers, things, or property belonging to or in use by 
Eisenhower Exchange Fellowships, Incorporated, pertaining to 
such activities and necessary to facilitate the audit.

SEC. 5.\7\ AUTHORIZATION OF APPROPRIATIONS.
    To provide a permanent endowment for the Eisenhower 
Exchange Fellowship Program, there are authorized to be 
appropriated to the Eisenhower Exchange Fellowships Program 
Trust Fund--
---------------------------------------------------------------------------
    \7\20 U.S.C. 5204. Title V of the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 1997 
(sec. 101(a) of title I of Public Law 104-208; 110 Stat. 3009), 
provided the following:
---------------------------------------------------------------------------

          ``EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND
---------------------------------------------------------------------------
    ``For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 1998, to remain available until 
expended: Provided, That none of the funds appropriated herein shall be 
used to pay any salary or other compensation, or to enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in 
accordance with OMB Circulars A-110 (Uniform Administrative 
Requirements) and A-122 (Cost Principles for Non-profit Organizations), 
including the restrictions on compensation for personal services.''.
---------------------------------------------------------------------------
          (1) $2,500,000, or
          (2) the lesser of--
                  (A) $2,500,000, or
                  (B) an amount equal to contributions to 
                Eisenhower Exchange Fellowships, Incorporated, 
                from private sector sources during the 4-year 
                period beginning on the date of enactment of 
                this Act.

SEC. 6.\8\ USE OF INCOME ON THE ENDOWMENT.

    (a)\9\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \8\20 U.S.C. 5205.
    \9\Sec. 407 of the Department of State and Related Agencies 
Appropriations Act, 1996 [title IV of Public Law 104-134; 110 Stat. 
1321-45], repealed subsecs. 6(a) and (b). The subsecs. had read as 
follows:
    ``(a) Requirement for Funding of United States Fellows in Emerging 
European Democracies.--For any fiscal year, not less than 50 percent of 
the amounts made available to Eisenhower Exchange Fellowships, 
Incorporated, pursuant to section 4(a) shall be available only to 
assist United States fellows in traveling to and studying in emerging 
European democracies.
    ``(b) Limitation on Study in United States.--For any fiscal year, 
not more than 50 percent of the amounts made available to Eisenhower 
Exchange Fellowships, Incorporated, pursuant to section 4(a) shall be 
available to assist foreign fellows in traveling to and studying in the 
United States.''.
    Sec. 407 of Public Law 104-134 further provided:
    ``Sec. 407. Sections 6(a) and 6(b) of Public Law 101-454 are 
repealed. In addition, notwithstanding any other provision of law, 
Eisenhower Exchange Fellowships, Incorporated, may use one-third of any 
earned but unused trust income from the period 1992 through 1995 for 
Fellowship purposes in each of fiscal years 1996 through 1998.''.
---------------------------------------------------------------------------
    (b)\9\ * * * [Repealed--1996]
    (c) Agricultural Exchange Program.--For any fiscal year, as 
may be determined by Eisenhower Exchange Fellowships, 
Incorporated, a portion of the amounts made available to 
Eisenhower Exchange Fellowships, Incorporated, pursuant to 
section 4(a) shall be used to provide fellowships for 
agricultural exchange programs for farmers from the United 
States and foreign countries.
    (d) Participation by United States Minority Populations.--
In order to ensure that the United States fellows participating 
in programs of the Eisenhower Exchange Fellowships, 
Incorporated, are representatives of the cultural, ethnic, and 
racial diversity of the American people, of the amounts made 
available to Eisenhower Exchange Fellowships, Incorporated, 
pursuant to section 4(a) which are obligated and expended for 
United States fellowship programs, not less than 10 percent 
shall be available only for participation by individuals who 
are representative of United States minority populations.

SEC. 7.\10\ REPORT TO CONGRESS.

    For any fiscal year for which Eisenhower Exchange 
Fellowships, Incorporated, receive funds pursuant to section 
4(a) of this Act, Eisenhower Exchange Fellowships, 
Incorporated, shall prepare and transmit to the President and 
the Congress a report of its activities for such fiscal year.
---------------------------------------------------------------------------
    \10\20 U.S.C. 5206.
---------------------------------------------------------------------------

SEC. 8.\11\ [Repealed--1995]
---------------------------------------------------------------------------

    \11\Sec. 1(a) of Public Law 104-72 (109 Stat. 776) repealed sec. 8, 
which had extended the authority of USIA to implement an au pair 
program.
---------------------------------------------------------------------------
          * * * * * * *
            (6) Assistance to Eastern Europe and Yugoslavia

Partial text of Public Law 101-243 [Urgent Assistance for Democracy in 
Panama Act of 1990; H.R. 3952], 104 Stat. 7, approved February 14, 1990

AN ACT To authorize certain United States assistance and trade benefits 
                   for Panama 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

    This Act may be cited as the ``Urgent Assistance for 
Democracy in Panama Act of 1990''.

                           TITLE I--PANAMA\1\

          * * * * * * *

                TITLE II--EASTERN EUROPE AND YUGOSLAVIA

SEC. 201. ASSISTANCE TO SUPPORT TRANSITION TO DEMOCRACY.

    (a) Authority.--Notwithstanding any other provision of law, 
the President may use up to $10,000,000 of the funds 
appropriated for fiscal year 1990 to carry out chapter 4 of 
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 
and following; relating to the economic support fund) to 
support the process of democratic transition in East European 
countries and Yugoslavia, in addition to amounts otherwise 
available for such purposes.
---------------------------------------------------------------------------
    \1\Title I may be found at page 219.
---------------------------------------------------------------------------
    (b) Limitation.--Funds provided under this section shall be 
made available only--
          (1) after the President has certified to the Congress 
        that the country where funds are being expended has 
        had, or is scheduled to have, open and free multiparty 
        national or regional elections; and
          (2) in such a manner so as to benefit substantially a 
        full range of non-Communist political parties in the 
        countries in which such funds are used.
       (7) Support for East European Democracy (SEED) Act of 1989

 Public Law 101-179 [H.R. 3402], 103 Stat. 1298, approved November 28, 
1989; amended by Public Law 102-511 [FREEDOM Support Act; S. 2532], 106 
Stat. 3320, approved October 24, 1992; Public Law 102-549 [Jobs Through 
 Exports Act of 1992; H.R. 4996], 106 Stat. 3651, approved October 28, 
  1992; Public Law 104-99 [Foreign Operations, Export Financing, and 
   Related Programs Appropriations Act, 1996, H.R. 1868, enacted by 
 reference in sec. 301 of Public Law 104-99; 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; 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 promote political democracy and economic pluralism in Poland 
  and Hungary by assisting those nations during a critical period of 
  transition and abetting the development in those nations of private 
business sectors, labor market reforms, and democratic institutions; to 
 establish, through these steps, the framework for a composite program 
             of support for East European Democracy (SEED).

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

SECTION 1.\1\ SHORT TITLE AND TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Support for 
East European Democracy (SEED) Act of 1989''.
---------------------------------------------------------------------------
    \1\22 U.S.C. 5401 note.
---------------------------------------------------------------------------
  (b) Table of Contents.--The table of contents for this Act is 
as follows:
---------------------------------------------------------------------------
    \2\Sec. 202(e) of Public Law 102-549 (106 Stat. 3658) provided that 
any reference in any law to the Trade and Development Program shall be 
deemed to be a reference to the Trade and Development Agency.

---------------------------------------------------------------------------
                                                                   Page

Sec. 1. Short title and table of contents........................    89
Sec. 2. Support for East European Democracy (SEED) Program.......    90
Sec. 3. Scope of Authority.......................................    94

                     TITLE I--STRUCTURAL ADJUSTMENT

Sec. 101. Multilateral support for structural adjustment in 
  Poland and Hungary.............................................    94
Sec. 102. Stabilization assistance for Poland....................    96
Sec. 103. Agricultural assistance................................    96
Sec. 104. Debt-for-equity swaps and other special techniques.....    97

                  TITLE II--PRIVATE SECTOR DEVELOPMENT

Sec. 201. Enterprise Funds for Poland and Hungary................    98
Sec. 202. Labor market transition in Poland and Hungary..........   102
Sec. 203. Technical training for private sector development in 
  Poland and Hungary.............................................   103
Sec. 204. Peace Corps programs in Poland and Hungary.............   104
Sec. 205. Use of Polish currency generated by agricultural 
  assistance.....................................................   104
Sec. 206. United States policy of private financial support for 
  Polish and Hungarian credit unions.............................   105

                    TITLE III--TRADE AND INVESTMENT

Sec. 301. Eligibility of Poland for Generalized System of 
  Preferences....................................................   106
Sec. 302. Overseas Private Investment Corporation programs for 
  Poland and Hungary.............................................   106
Sec. 303. Export-Import Bank programs for Poland and Hungary.....   106
Sec. 304. Trade Credit Insurance Program for Poland..............   106
Sec. 305. Trade and Development Agency\2\ activities for Poland 
  and Hungary....................................................   107
Sec. 306. Bilateral investment treaties with Poland and Hungary..   107
Sec. 307. Certain Polish bonds not subject to Internal Revenue 
  Code rules relating to below-market loans......................   107

       TITLE IV--EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES

Sec. 401. Educational and cultural exchanges and sister 
  institutions programs with Poland and Hungary..................   107
Sec. 402. Poland-Hungary scholarship partnership.................   108
Sec. 403. Science and technology exchange with Poland and Hungary   109

                   TITLE V--OTHER ASSISTANCE PROGRAMS

Sec. 501. Assistance in support of democratic institutions in 
  Poland and Hungary.............................................   110
Sec. 502. Environmental initiatives for Poland and Hungary.......   110
Sec. 503. Medical supplies, hospital equipment, and medical 
  training for Poland............................................   112

               TITLE VI--ADDITIONAL SEED PROGRAM ACTIONS

Sec. 601. Policy coordination of SEED Program....................   112
Sec. 602. SEED Information Center System.........................   112
Sec. 603. Encouraging voluntary assistance for Poland and Hungary   113
Sec. 604. Economic and commercial officers at United States 
  Embassies and missions in Poland and Hungary...................   113

                     TITLE VII--REPORTS TO CONGRESS

Sec. 701. Report on initial steps taken by United States and on 
  Poland's requirement for agricultural assistance...............   114
Sec. 702. Report on confidence building measures by Poland and 
  Hungary........................................................   114
Sec. 703. Report on environmental problems in Poland and Hungary.   114
Sec. 704. Annual SEED Program report.............................   115
Sec. 705. Reports on certain activities..........................   116
Sec. 706. Notifications to Congress regarding assistance.........   116

                  TITLE VIII--MISCELLANEOUS PROVISIONS

Sec. 801. Suspension of SEED assistance..........................   116
Sec. 802. Declaration of the Republic of Hungary.................   116
Sec. 803. Administrative expenses of the Agency for International 
  Development....................................................   117
Sec. 804. Relation of provisions of this Act to certain 
  provisions of appropriations Acts..............................   117
Sec. 805. Certain uses of excess foreign currencies..............   118

SEC. 2.\3\ SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED) PROGRAM.
  (a) SEED Program.--The United States shall implement, 
beginning in fiscal year 1990, a concerted Program of Support 
for East European Democracy (which may also be referred to as 
the ``SEED Program''). The SEED Program shall be comprised of 
diverse undertakings designed to provide cost-effective 
assistance to those countries of Eastern Europe that have taken 
substantive steps toward institutionalizing political democracy 
and economic pluralism.
---------------------------------------------------------------------------
    \3\22 U.S.C. 5401. Titles II and III of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1998 (Public 
Law 105-118; 111 Stat. 2394, 2401), provided the following:
---------------------------------------------------------------------------

         ``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, $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.
    ``(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.
---------------------------------------------------------------------------
          * * * * * * *

                  ``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 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 $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... * * *.''.
---------------------------------------------------------------------------
  (b) Objectives of SEED Assistance.--The President should 
ensure that the assistance provided to East European countries 
pursuant to this Act is designed--
          (1) to contribute to the development of democratic 
        institutions and political pluralism characterized by--
                  (A) the establishment of fully democratic and 
                representative political systems based on free 
                and fair elections,
                  (B) effective recognition of fundamental 
                liberties and individual freedoms, including 
                freedom of speech, religion, and association,
                  (C) termination of all laws and regulations 
                which impede the operation of a free press and 
                the formation of political parties,
                  (D) creation of an independent judiciary, and
                  (E) establishment of non-partisan military, 
                security, and police forces;
          (2) to promote the development of a free market 
        economic system characterized by--
                  (A) privatization of economic entities,
                  (B) establishment of full rights to acquire 
                and hold private property, including land and 
                the benefits of contractual relations,
                  (C) simplification of regulatory controls 
                regarding the establishment and operation of 
                businesses,
                  (D) dismantlement of all wage and price 
                controls,
                  (E) removal of trade restrictions, including 
                on both imports and exports,
                  (F) liberalization of investment and capital, 
                including the repatriation of profits by 
                foreign investors;
                  (G) tax policies which provide incentives for 
                economic activity and investment,
                  (H) establishment of rights to own and 
                operate private banks and other financial 
                service firms, as well as unrestricted access 
                to private sources of credit, and
                  (I) access to a market for stocks, bonds, and 
                other instruments through which individuals may 
                invest in the private sector; and
          (3) not to contribute any substantial benefit--
                  (A) to Communist or other political parties 
                or organizations which are not committed to 
                respect for the democratic process, or
                  (B) to the defense or security forces of any 
                member country of the Warsaw Pact.
  (c) SEED Actions.--Assistance and other activities under the 
SEED Program (which may be referred to as ``SEED Actions'') 
shall include activities such as the following:
          (1) Leadership in the world bank and international 
        monetary fund.--United States leadership in 
        supporting--
                  (A) loans by the International Bank for 
                Reconstruction and Development and its 
                affiliated institutions in the World Bank group 
                that are designed to modernize industry, 
                agriculture, and infrastructure, and
                  (B) International Monetary Fund programs 
                designed to stimulate sound economic growth.
          (2) Currency stabilization loans.--United States 
        leadership in supporting multilateral agreement to 
        provide government-to-government loans for currency 
        stabilization where such loans can reduce inflation and 
        thereby foster conditions necessary for the effective 
        implementation of economic reforms.
          (3) Debt reduction and rescheduling.--Participation 
        in multilateral activities aimed at reducing and 
        rescheduling a country's international debt, when 
        reduction and deferral of debt payments can assist the 
        process of political and economic transition.
          (4) Agricultural assistance.--Assistance through the 
        grant and concessional sale of food and other 
        agricultural commodities and products when such 
        assistance can ease critical shortages but not inhibit 
        agricultural production and marketing in the recipient 
        country.
          (5) Enterprise funds.--Grants to support private, 
        nonprofit ``Enterprise Funds'', designated by the 
        President pursuant to law and governed by a Board of 
        Directors, which undertake loans, grants, equity 
        investments, feasibility studies, technical assistance, 
        training, and other forms of assistance to private 
        enterprise activities in the Eastern European country 
        for which the Enterprise Fund so is designated.
          (6) Labor market-oriented technical assistance.--
        Technical assistance programs directed at promoting 
        labor market reforms and facilitating economic 
        adjustment.
          (7) Technical training.--Programs to provide 
        technical skills to assist in the development of a 
        market economy.
          (8) Peace corps.--Establishment of Peace Corps 
        programs.
          (9) Support for indigenous credit unions.--Support 
        for the establishment of indigenous credit unions.
          (10) Generalized system of preferences.--Eligibility 
        for trade benefits under the Generalized System of 
        Preferences.
          (11) Most favored nation trade status.--The granting 
        of temporary or permanent nondiscriminatory treatment 
        (commonly referred to as ``most favored nation 
        status'') to the products of an East European country 
        through the application of the criteria and procedures 
        established by section 402 of the Trade Act of 1974 (19 
        U.S.C. 2432; commonly referred to as the ``Jackson-
        Vanik amendment'').\4\
---------------------------------------------------------------------------
    \4\See Legislation on Foreign Relations Through 1997, vol. III.
---------------------------------------------------------------------------
          (12) Overseas private investment corporation.--
        Programs of the Overseas Private Investment 
        Corporation.
          (13) Export-import bank programs.--Programs of the 
        Export-Import Bank of the United States.
          (14) Trade and development agency\5\ activities.--
        Trade and Development Agency\5\ activities under the 
        Foreign Assistance Act of 1961.
---------------------------------------------------------------------------
    \5\Sec. 202(e) of Public Law 102-549 (106 Stat. 3658) provided that 
any reference in any law to the Trade and Development Program shall be 
deemed to be a reference to the Trade and Development Agency.
---------------------------------------------------------------------------
          (15) Investment treaties.--Negotiation of bilateral 
        investment treaties.
          (16) Special tax treatment of below-market loans.--
        Exempting bonds from Internal Revenue Code rules 
        relating to below-market loans.
          (17) Exchange activities.--Expanded exchange 
        activities under the Fulbright, International Visitors, 
        and other programs conducted by the United States 
        Information Agency.
          (18) Cultural centers.--Contributions toward the 
        establishment of reciprocal cultural centers that can 
        facilitate educational and cultural exchange and 
        expanded understanding of Western social democracy.
          (19) Sister institutions.--Establishment of sister 
        institution programs between American and East European 
        schools and universities, towns and cities, and other 
        organizations in such fields as medicine and health 
        care, business management, environmental protection, 
        and agriculture.
          (20) Scholarships.--Scholarships to enable students 
        to study in the United States.
          (21) Science and technology exchanges.--Grants for 
        the implementation of bilateral agreements providing 
        for cooperation in science and technology exchange.
          (22) Assistance for democratic institutions.--
        Assistance designed to support the development of 
        legal, legislative, electoral, journalistic, and other 
        institutions of free, pluralist societies.
          (23) Environmental assistance.--Environmental 
        assistance directed at overcoming crucial deficiencies 
        in air and water quality and other determinants of a 
        healthful society.
          (24) Medical assistance.--Medical assistance 
        specifically targeted to overcome severe deficiencies 
        in pharmaceuticals and other basic health supplies.
          (25) Encouragement for private investment and 
        voluntary assistance.--Encouraging private investment 
        and voluntary private assistance, using a variety of 
        means including a SEED Information Center System and 
        the provision by the Department of Defense of 
        transportation for private nonfinancial contributions.

SEC. 3.\6\ SCOPE OF AUTHORITY.

    (a) General Authorization.--The President is authorized to 
conduct activities for any East European country that are 
similar to any activity authorized by this Act to be conducted 
in Poland or Hungary (excluding those authorized by section 102 
or the amendments made by sections 301 and 304) if such similar 
activities would effectively promote a transition to market-
oriented democracy.
---------------------------------------------------------------------------
    \6\22 U.S.C. 5402. Sec. 903 of the FREEDOM Support Act (Public Law 
102-511; 106 Stat. 3355) added sec. 3.
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    (b) Administration of Justice Programs.--In order to 
strengthen the administration of justice in East European 
countries, the President may exercise the same authorities with 
respect to those countries as are available under section 534 
of the Foreign Assistance Act of 1961, subject to the 
limitations and requirements of that section, other than 
subsection (c) and the last two sentences of subsection (e).
    (c) Definition of East European Country.--For purposes of 
this Act, the term ``East European country'' includes Albania, 
Bulgaria, the Czech and Slovak Federal Republic, Estonia, 
Hungary, Latvia, Lithuania, Poland, Romania, and states that 
were part of the former Socialist Federal Republic of 
Yugoslavia.

                     TITLE I--STRUCTURAL ADJUSTMENT

SEC. 101.\7\ MULTILATERAL SUPPORT FOR STRUCTURAL ADJUSTMENT IN POLAND 
                    AND HUNGARY.

  (a) Multilateral Assistance for Poland and Hungary.--
---------------------------------------------------------------------------
    \7\22 U.S.C. 5411.
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          (1) In general.--To the extent that Poland and 
        Hungary continue to evolve toward pluralism and 
        democracy and to develop and implement comprehensive 
        economic reform programs, the United States Government 
        shall take the leadership in mobilizing international 
        financial institutions, in particular the International 
        Monetary Fund and the International Bank for 
        Reconstruction and Development and its affiliated 
        institutions in the World Bank group, to provide timely 
        and appropriate resources to help Poland and Hungary.
          (2) World bank structural adjustment loan for 
        poland.--In furtherance of paragraph (1), the Secretary 
        of the Treasury shall direct the United States 
        Executive Director of the International Bank for 
        Reconstruction and Development to urge expeditious 
        approval and disbursement by the Bank of a structural 
        adjustment loan to Poland in an appropriate amount in 
        time to facilitate the implementation of major economic 
        reforms scheduled for early 1990, including the 
        termination of energy, export, and agricultural 
        subsidies and wage indexation.
  (b) Stabilization Assistance, Debt Relief, and Agricultural 
Assistance for Poland.--To the extent that Poland continues to 
evolve toward pluralism and democracy and to develop and 
implement comprehensive economic reform programs, the United 
States Government shall do the following:
          (1) Stabilization assistance.--The United States 
        Government, in conjunction with other member 
        governments of the Organization of Economic Cooperation 
        and Development (OECD) and international financial 
        institutions (including the International Monetary 
        Fund), shall support the implementation of a plan of 
        the Government of Poland to attack hyperinflation and 
        other structural economic problems, address pressing 
        social problems, carry out comprehensive economic 
        reform, and relieve immediate and urgent balance of 
        payments requirements in Poland, through the use of 
        mechanisms such as--
                  (A) the Exchange Stabilization Fund pursuant 
                to section 5302 of title 31, United States 
                Code, and in accordance with established 
                Department of the Treasury policies and 
                procedures; and
                  (B) the authority provided in section 102(c) 
                of this Act.
          (2) Debt relief.--The United States Government--
                  (A) shall urge all members of the ``Paris 
                Club'' of creditor governments and other 
                creditor governments to adopt, and participate 
                in, a generous and early rescheduling program 
                for debts owed by the Government of Poland; and
                  (B) in coordination with other creditor 
                governments, shall seek to expedite 
                consultations between the Government of Poland 
                and its major private creditors in order to 
                facilitate a rescheduling and reduction of 
                payments due on debt owed to such creditors in 
                a manner consistent with the international debt 
                policy announced by the Secretary of the 
                Treasury on March 10, 1989.
          (3) Agricultural assistance.--The United States 
        Government shall provide agricultural assistance for 
        Poland in accordance with section 103.

SEC. 102.\8\ STABILIZATION ASSISTANCE FOR POLAND.

  (a) Immediate Emergency Assistance.--To the extent that the 
ongoing International Monetary Fund review of the Polish 
economy projects a probable balance of payments shortage for 
the fourth quarter of 1989, the United States Government, in 
carrying out paragraph (1) of section 101(b)--
---------------------------------------------------------------------------
    \8\22 U.S.C. 5412.
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          (1) should work closely with the European Community 
        and international financial institutions to determine 
        the extent of emergency assistance required by Poland 
        for the fourth quarter of 1989, and
          (2) should consider extending a bridge loan to 
        relieve immediate and urgent balance of payments 
        requirements using the Exchange Stabilization Fund in 
        accordance with paragraph (1)(A) of section 101(b).
  (b) Immediate, Multilateral Response to Poland's Economic 
Stabilization Needs.--In furtherance of section 101(b)(1), the 
President, acting in coordination with the European Community, 
should seek to ensure that the industrialized democracies 
undertake an immediate, multilateral effort to respond to 
Poland's request for $1,000,000,000 to support its economic 
stabilization program.
  (c) Additional Authority To Provide Stabilization 
Assistance.--
          (1) Authority.--In order to carry out paragraph (1) 
        of section 101(b), the President is authorized to 
        furnish assistance for Poland, notwithstanding any 
        other provision of law, to assist in the urgent 
        stabilization of the Polish economy and ultimately to 
        promote longer-term economic growth and stability, 
        based on movement toward free market principles. Such 
        assistance may be provided for balance of payments 
        support (including commodity import programs), support 
        for private sector development, or for other activities 
        to further efforts to develop a free market-oriented 
        economy in Poland.
          (2) Authorization of appropriations.--For purposes of 
        providing the assistance authorized by this subsection, 
        there are authorized to be appropriated $200,000,000 
        for fiscal year 1990 to carry out chapter 4 of part II 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 
        and following; relating to the economic support fund), 
        in addition to amounts otherwise available for such 
        purposes.

SEC. 103.\9\ AGRICULTURAL ASSISTANCE.

  (a) Agricultural Assistance Strategy.--
---------------------------------------------------------------------------
    \9\22 U.S.C. 5413.
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          (1) United states assistance.--A principal component 
        of the SEED Program shall be the provision by the 
        United States of food and other agricultural 
        commodities and products to alleviate crucial shortages 
        that may be created in an East European country by the 
        transition from state-directed controls to a free 
        market economy.
          (2) Assistance from other countries.--In order to 
        ensure the necessary quantity and diversity of 
        agricultural assistance for that purpose, the United 
        States shall take all appropriate steps to encourage 
        parallel efforts by the European Community and other 
        agricultural surplus countries.
          (3) Avoiding disincentives to private agricultural 
        production and marketing.--In participating in such 
        multilateral agricultural assistance, the United States 
        shall seek to strike a balance wherein agricultural 
        commodities and products are supplied in such 
        quantities as will be effective in overcoming severe 
        shortages and dampening inflation but without impeding 
        the development of incentives for private agricultural 
        production and marketing in the recipient country.
  (b) Agricultural Assistance for Poland.--Pursuant to section 
101(b)(3), the United States Government--
          (1) shall make available to Poland, in coordination 
        with the European Community, United States agricultural 
        assistance--
                  (A) to alleviate immediate food shortages 
                (such assistance to be specifically targeted 
                toward elements of the Polish population most 
                vulnerable to hunger and malnutrition, in 
                particular the infirm, the elderly, and 
                children), and
                  (B) to facilitate the transition from state-
                directed controls to a free market economy, 
                while avoiding disincentives to domestic 
                agricultural production and reform; and
          (2) in order to ensure the necessary quantity and 
        diversity of such agricultural assistance, shall take 
        all appropriate steps to encourage parallel efforts by 
        the European Community and other agricultural surplus 
        countries.
  (c) FY 1990 Minimum Level of Agricultural Assistance for 
Poland.--In carrying out subsection (b) of this section, the 
level of assistance for Poland for fiscal year 1990 under 
section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 
1431(b)), the Agricultural Trade Development and Assistance Act 
of 1954 (7 U.S.C. 1691 and following), and the Food for 
Progress Act of 1985 (7 U.S.C. 1736o) should not be less than 
$125,000,000. Such assistance--
          (1) to the maximum extent practicable, shall be 
        provided through nongovernmental organizations; and
          (2) shall emphasize feed grains.
  (d) Consistency With Budget Requirements.--Subsection (c) 
should not be construed to authorize or require any budgetary 
obligations or outlays that are inconsistent with House 
Concurrent Resolution 106 of the 101st Congress (setting forth 
the congressional budget for the United States Government for 
fiscal year 1990).

SEC. 104.\10\ DEBT-FOR-EQUITY SWAPS AND OTHER SPECIAL TECHNIQUES.

  (a) Reduction of Debt Burden.--The President shall take all 
appropriate actions to explore and encourage innovative 
approaches to the reduction of the government-to-government and 
commercial debt burden of East European countries which have 
taken substantive steps toward political democracy and economic 
pluralism.
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    \10\22 U.S.C. 5414. Sec. 4 of Executive Order 12703, February 20, 
1990 (55 F.R. 6351), delegated the functions conferred upon the 
President in this section relating to debt reduction of certain East 
European countries to the Secretary of the Treasury.
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  (b) Authority for Discounted Sales of Debt.--Notwithstanding 
any other provision of law, the President may undertake the 
discounted sale, to private purchasers, of United States 
Government debt obligations of an East European country which 
has taken substantive steps toward political democracy and 
economic pluralism, subject to subsection (c).
  (c) Condition.--An obligation may be sold under subsection 
(b) only if the sale will facilitate so-called debt-for-equity 
or debt-for-development swaps wherein such newly privatized 
debt is exchanged by the new holder of the obligation for--
          (1) local currencies, policy commitments, or other 
        assets needed for development or other economic 
        activities, or
          (2) for an equity interest in an enterprise 
        theretofore owned by the particular East European 
        government.

                  TITLE II--PRIVATE SECTOR DEVELOPMENT

SEC. 201.\11\ ENTERPRISE FUNDS FOR POLAND AND HUNGARY.

  (a) Purposes.--The purposes of this section are to promote--
---------------------------------------------------------------------------
    \11\22 U.S.C. 5421. Sec. 2 of Executive Order No. 12703, February 
20, 1990 (55 F.R. 6351), delegated the functions conferred upon the 
President in this section relating to Enterprise Funds for Poland and 
Hungary to the Administrator of the United States Agency for 
International Development.
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          (1) development of the Polish and Hungarian private 
        sectors, including small businesses, the agricultural 
        sector, and joint ventures with United States and host 
        country participants, and
          (2) policies and practices conducive to private 
        sector development in Poland and Hungary,
through loans, grants, equity investments, feasibility studies, 
technical assistance, training, insurance, guarantees, and 
other measures.
  (b) Authorization of Appropriations.--To carry out the 
purposes specified in subsection (a), there are authorized to 
be appropriated to the President--
          (1) $240,000,000 to support the Polish-American 
        Enterprise Fund; and
          (2) $60,000,000 to support the Hungarian-American 
        Enterprise Fund.
Such amounts are authorized to be made available until 
expended.
  (c) Nonapplicability of Other Laws.--The funds appropriated 
under subsection (b) may be made available to the Polish-
American Enterprise Fund and the Hungarian-American Enterprise 
Fund and used for the purposes of this section notwithstanding 
any other provision of law.
  (d) Designation of Enterprise Funds.--
          (1) Designation.--The President is authorized to 
        designate two private, nonprofit organizations as 
        eligible to receive funds and support pursuant to this 
        section upon determining that such organizations have 
        been established for the purposes specified in 
        subsection (a). For purposes of this Act, the 
        organizations so designated shall be referred to as the 
        Polish-American Enterprise Fund and the Hungarian-
        American Enterprise Fund (hereinafter in this section 
        referred to as the ``Enterprise Funds'').
          (2) Consultation with congress.--The President shall 
        consult with the leadership of each House of Congress 
        before designating an organization pursuant to 
        paragraph (1).
          (3) Board of directors.--(A) Each Enterprise Fund 
        shall be governed by a Board of Directors comprised of 
        private citizens of the United States, and citizens of 
        the respective host country, who have demonstrated 
        experience and expertise in those areas of private 
        sector development in which the Enterprise Fund is 
        involved.
          (B) A majority of the members of the Board of 
        Directors of each Enterprise Fund shall be United 
        States citizens:\12\ Provided, That, as to Enterprise 
        Funds established with respect to more than one host 
        country, such Enterprise Fund may, in lieu of the 
        appointment of citizens of the host countries to its 
        Board of Directors, establish an advisory council for 
        the host region comprised of citizens of each of the 
        host countries or establish separate advisory councils 
        for each of the host countries (hereinafter in this 
        section referred to as the ``Advisory Councils''), with 
        which the Enterprise Fund's policies and proposed 
        activities and such host country citizens shall satisfy 
        the experience and expertise requirements of this 
        clause.
---------------------------------------------------------------------------
    \12\Title II--Bilateral Economic Assistance, Assistance for the New 
Independent States of the Former Soviet Union, of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1996 (as enacted by reference in sec. 301 of Public Law 104-99; 110 
Stat. 26; enacted again as Public Law 104-107; 110 Stat. 714), added 
the proviso.
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          (C) A host country citizen who is not committed to 
        respect for democracy and a free market economy may not 
        serve as a member of the Board of Directors of an 
        Enterprise Fund.
          (4) Eligibility of enterprise funds for grants.--
        Grants may be made to an Enterprise Fund under this 
        section only if the Enterprise Fund agrees to comply 
        with the requirements specified in this section.
          (5) Private character of enterprise funds.--Nothing 
        in this section shall be construed to make an 
        Enterprise Fund an agency or establishment of the 
        United States Government, or to make the officers, 
        employees, or members of the Board of Directors of an 
        Enterprise Fund officers or employees of the United 
        States for purposes of title 5, United States Code.
  (e) Grants to Enterprise Funds.--Funds appropriated to the 
President pursuant to subsection (b) shall be granted to the 
Enterprise Funds by the Agency for International Development to 
enable the Enterprise Funds to carry out the purposes specified 
in subsection (a) and for the administrative expenses of each 
Enterprise Fund.
  (f) Eligible Programs and Projects.--
          (1) In general.--The Enterprise Funds may provide 
        assistance pursuant to this section only for programs 
        and projects which are consistent with the purposes set 
        forth in subsection (a).
          (2) Employee stock ownership plans.--Funds available 
        to the Enterprise Funds may be used to encourage the 
        establishment of Employee Stock Ownership Plans (ESOPs) 
        in Poland and Hungary.
          (3) Indigenous credit unions.--Funds available to the 
        Enterprise Funds may be used for technical and other 
        assistance to support the development of indigenous 
        credit unions in Poland and Hungary. As used in this 
        paragraph, the term ``credit union'' means a member-
        owned, nonprofit, cooperative depository institution--
                  (A) which is formed to permit individuals in 
                the field of membership specified in such 
                institution's charter to pool their savings, 
                lend the savings to one another, and own the 
                organization where they save, borrow, and 
                obtain related financial services; and
                  (B) whose members are united by a common bond 
                and democratically operate the institution.
          (4) Telecommunications modernization in poland.--The 
        Polish-American Enterprise Fund may use up to 
        $25,000,000 for grants for projects providing for the 
        early introduction in Poland of modern telephone 
        systems and telecommunications technology, which are 
        crucial in establishing the conditions for successful 
        transition to political democracy and economic 
        pluralism.
          (5) Economic foundation of nszz solidarnosc.--Funds 
        available to the Polish-American Enterprise Fund may be 
        used to support the Economic Foundation of NSZZ 
        Solidarnosc.
  (g) Matters To Be Considered by Enterprise Funds.--In 
carrying out this section, each Enterprise Fund shall take into 
account such considerations as internationally recognized 
worker rights and other internationally recognized human 
rights, environmental factors, United States economic and 
employment effects, and the likelihood of commercial viability 
of the activity receiving assistance from the Enterprise Fund.
  (h) Retention of Interest.--An Enterprise Fund may hold funds 
granted to it pursuant to this section in interest-bearing 
accounts, prior to the disbursement of such funds for purposes 
specified in subsection (a), and 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.
  (i) Use of United States Private Venture Capital.--In order 
to maximize the effectiveness of the activities of the 
Enterprise Funds, each Enterprise Fund may conduct public 
offerings or private placements for the purpose of soliciting 
and accepting United States venture capital which may be used, 
separately or together with funds made available pursuant to 
this section, for any lawful investment purpose that the Board 
of Directors of the Enterprise Fund may determine in carrying 
out this section. Financial returns on Enterprise Fund 
investments that include a component of private venture capital 
may be distributed, at such times and in such amounts as the 
Board of Directors of the Enterprise Fund may determine, to the 
investors of such capital.
  (j) Financial Instruments for Individual Investment in 
Poland.--In order to maximize the effectiveness of the 
activities of the Polish-American Enterprise Fund, that 
Enterprise Fund should undertake all possible efforts to 
establish financial instruments that will enable individuals to 
invest in the private sectors of Poland and that will thereby 
have the effect of multiplying the impact of United States 
grants to that Enterprise Fund.
  (k) Nonapplicability of Other Laws.--Executive branch 
agencies may conduct programs and activities and provide 
services in support of the activities of the Enterprise Funds 
notwithstanding any other provision of law.
    (l)\13\ Limitation on Payments to Enterprise Fund 
Personnel.--
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    \13\Sec. 588 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2438), amended and restated subsec. (l). It formerly read as 
follows:
    ``(l) Limitation on Payments to Enterprise Fund Personnel.--No part 
of the funds of either 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.''.
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          (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.
  (m) Independent Private Audits.--The accounts of each 
Enterprise Fund shall be audited annually in accordance with 
generally accepted auditing standards by independent certified 
public accountants or independent licensed public accountants 
certified or licensed by a regulatory authority of a State or 
other political subdivision of the United States. The report of 
each such independent audit shall be included in the annual 
report required by this section.
  (n) GAO Audits.--The financial transactions undertaken 
pursuant to this section by each Enterprise Fund may be audited 
by the General Accounting Office in accordance with such 
principles and procedures and under such rules and regulations 
as may be prescribed by the Comptroller General of the United 
States, so long as the Enterprise Fund is in receipt of United 
States Government grants.
  (o) Recordkeeping Requirements.--The Enterprise Funds shall 
ensure--
          (1) that each recipient of assistance provided 
        through the Enterprise Funds under this section keeps--
                  (A) separate accounts with respect to such 
                assistance;
                  (B) such records as may be reasonably 
                necessary to disclose fully the amount and the 
                disposition by such recipient of the proceeds 
                of such assistance, the total cost of the 
                project or undertaking in connection with which 
                such assistance is given or used, and the 
                amount and nature of that portion of the cost 
                of the project or undertaking supplied by other 
                sources; and
                  (C) such other records as will facilitate an 
                effective audit; and
          (2) that the Enterprise Funds, or any of their duly 
        authorized representatives, have access for the purpose 
        of audit and examination to any books, documents, 
        papers, and records of the recipient that are pertinent 
        to assistance provided through the Enterprise Funds 
        under this section.
  (p) Annual Reports.--Each Enterprise Fund shall publish an 
annual report, which shall include a comprehensive and detailed 
description of the Enterprise Fund's operations, activities, 
financial condition, and accomplishments under this section for 
the preceding fiscal year. This report shall be published not 
later than January 31 each year, beginning in 1991.

SEC. 202.\14\ LABOR MARKET TRANSITION IN POLAND AND HUNGARY.

  (a) Technical Assistance.--The Secretary of Labor 
(hereinafter in this section referred to as the ``Secretary''), 
in consultation with representatives of labor and business in 
the United States, shall--
---------------------------------------------------------------------------
    \14\22 U.S.C. 5422.
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          (1) provide technical assistance to Poland and 
        Hungary for the implementation of labor market reforms; 
        and
          (2) provide technical assistance to Poland and 
        Hungary to facilitate adjustment during the period of 
        economic transition and reform.
  (b) Types of Technical Assistance Authorized.--In carrying 
out subsection (a), the Secretary is authorized to provide 
technical assistance regarding policies and programs for 
training and retraining, job search and employment services, 
unemployment insurance, occupational safety and health 
protection, labor-management relations, labor statistics, 
analysis of productivity constraints, entrepreneurial support 
for small businesses, market-driven systems of wage and income 
determinations, job creation, employment security, the 
observance of internationally recognized worker rights 
(including freedom of association and the right to organize and 
bargain collectively), and other matters that the Secretary may 
deem appropriate regarding free labor markets and labor 
organizations.
  (c) Administrative Authorities.--In carrying out subsection 
(a), the Secretary is authorized to do the following:
          (1) Solicit and accept in the name of the Department 
        of Labor, and employ or dispose of in furtherance of 
        the purposes of this section, any money or property, 
        real, personal, or mixed, tangible or intangible, 
        received by gift, devise, bequest, or otherwise. Gifts 
        and donations of property which are no longer required 
        for the discharge of the purposes of this section shall 
        be reported to the Administrator of General Services 
        for transfer, donation, or other disposal in accordance 
        with the Federal Property and Administrative Services 
        Act of 1949 (40 U.S.C. 471 and following).
          (2) Solicit and accept voluntary and uncompensated 
        services notwithstanding section 1342 of title 31, 
        United States Code. A volunteer under this paragraph 
        shall not be deemed to be an employee of the United 
        States except for the purposes of--
                  (A) the tort claims provisions of title 28, 
                United States Code, and
                  (B) subchapter I of chapter 81 of title 5, 
                United States Code, relating to compensation 
                for work injuries.
          (3) Enter into arrangements or agreements with 
        appropriate departments, agencies, and establishments 
        of Poland and Hungary.
          (4) Enter into arrangements or agreements with 
        appropriate private and public sector United States 
        parties, and international organizations.
  (d) Consultation With Appropriate Officers.--In carrying out 
the responsibilities established by this section, the Secretary 
shall seek information and advice from, and consult with, 
appropriate officers of the United States.
  (e) Consultation With Labor and Business Representatives.--
For purposes of this section, consultation between the 
Secretary and United States labor and business representatives 
shall not be subject to the Federal Advisory Committee Act (5 
U.S.C. App.).
  (f) Delegation of Responsibilities.--The Secretary shall 
delegate the authority to carry out the programs authorized by 
this section to the head of the Bureau of International Labor 
Affairs of the Department of Labor.
  (g) Authorization of Appropriations.--There are authorized to 
be appropriated to the Department of Labor for the 3-year 
period beginning October 1, 1989, to carry out this section--
          (1) $4,000,000 for technical assistance to Poland; 
        and
          (2) $1,000,000 for technical assistance to Hungary.

SEC. 203.\15\ TECHNICAL TRAINING FOR PRIVATE SECTOR DEVELOPMENT IN 
                    POLAND AND HUNGARY.

  (a) Technical Training Program.--The Agency for International 
Development shall develop and implement a program for extending 
basic agribusiness, commercial, entrepreneurial, financial, 
scientific, and technical skills to the people of Poland and 
Hungary to enable them to better meet their needs and develop a 
market economy. This program shall include management training 
and agricultural extension activities.
---------------------------------------------------------------------------
    \15\22 U.S.C. 5423.
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  (b) Participation by Enterprise Funds and Other Agencies and 
Organizations.--In carrying out subsection (a), the Agency for 
International Development may utilize the Polish-American 
Enterprise Fund and the Hungarian-American Enterprise Fund and 
other appropriate Government and private agencies, programs, 
and organizations such as--
          (1) the Department of Agriculture;
          (2) the Farmer-to-Farmer Program under section 406(a) 
        (1) and (2) of the Agricultural Trade Development and 
        Assistance Act of 1954 (7 U.S.C. 1736(a) (1) and (2));
          (3) the International Executive Service Corps;
          (4) the Foundation for the Development of Polish 
        Agriculture;
          (5) the World Council of Credit Unions; and
          (6) other United States, Polish, and Hungarian 
        private and voluntary organizations and private sector 
        entities.
  (c) Nonapplicability of Other Provisions of Law.--Assistance 
provided pursuant to subsection (a) under the authorities of 
part I of the Foreign Assistance Act of 1961 may be provided 
notwithstanding any other provision of law.
  (d) Authorization of Appropriations.--For purposes of 
implementing this section, there are authorized to be 
appropriated $10,000,000 for the 3-year period beginning 
October 1, 1989, to carry out chapter 1 of part I of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following; 
relating to development assistance), in addition to amounts 
otherwise available for such purposes.
  (e) Limitation With Respect to Farmer-to-Farmer Program.--Any 
activities carried out pursuant to this Act through the Farmer-
to-Farmer Program under section 406(a) (1) and (2) of the 
Agricultural Trade Development and Assistance Act of 1954 shall 
be funded with funds authorized to be appropriated by this Act 
and local currencies made available under section 205, and 
shall not be funded with funds made available pursuant to 
section 1107 of the Food Security Act of 1985 (7 U.S.C. 1736 
note) or a similar, subsequent provision of law.

SEC. 204.\16\ PEACE CORPS PROGRAMS IN POLAND AND HUNGARY.

  There are authorized to be appropriated to carry out programs 
in Poland and Hungary under the Peace Corps Act, $6,000,000 for 
the 3-year period beginning October 1, 1989, in addition to 
amounts otherwise available for such purposes. Such programs 
shall include the use of Peace Corps volunteers--
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    \16\22 U.S.C. 5424.
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          (1) to provide English language training, and
          (2) to extend the technical skills described in 
        section 203(a) to the people of Poland and Hungary, 
        using the Associate Volunteer Program to the extent 
        practicable.

SEC. 205.\17\ USE OF POLISH CURRENCY GENERATED BY AGRICULTURAL 
                    ASSISTANCE.

  (a) Additional Assistance For Poland.--A portion of the 
agricultural commodities described in subsection (c) may be 
made available and sold or bartered in Poland to generate local 
currencies to be used--
---------------------------------------------------------------------------
    \17\22 U.S.C. 5425.
---------------------------------------------------------------------------
          (1) to complement the assistance for Poland 
        authorized by sections 103(b), 201, and 203 of this 
        Act, and
          (2) to support the activities of the joint commission 
        established pursuant to section 2226 of the American 
        Aid to Poland Act of 1988 (7 U.S.C. 1431 note),
notwithstanding section 416(b)(7) of the Agricultural Act of 
1949 (7 U.S.C. 1431(b)(7)) or any other provision of law.
  (b) Emphasis on Agricultural Development.--The uses of local 
currencies generated under this section should emphasize the 
development of agricultural infrastructure, agriculture-related 
training, and other aspects of agricultural development in 
Poland.
  (c) Commodities Subject to Requirements.--Subsection (a) 
applies with respect to agricultural commodities made available 
for Poland for fiscal years 1990, 1991, and 1992 under section 
416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the 
Agricultural Trade Development and Assistance Act of 1954 (7 
U.S.C. 1691 and following), and the Food for Progress Act of 
1985 (7 U.S.C. 1736o).
  (d) Other Uses Not Precluded.--The uses of agricultural 
commodities and local currencies specified in subsection (a) 
are in addition to other uses authorized by law.

SEC. 206.\18\ UNITED STATES POLICY OF PRIVATE FINANCIAL SUPPORT FOR 
                    POLISH AND HUNGARIAN CREDIT UNIONS.

  (a) In General.--In order to facilitate the development of 
indigenous credit unions in Poland and Hungary, it is the 
policy of the United States that--
---------------------------------------------------------------------------
    \18\22 U.S.C. 5426.
---------------------------------------------------------------------------
          (1) United States citizens, financial institutions 
        (other than federally insured depository institutions), 
        and other persons may make contributions and loans to, 
        make capital deposits in, and provide other forms of 
        financial and technical assistance to credit unions in 
        Poland and Hungary; and
          (2) federally insured depository institutions may 
        provide technical assistance to credit unions in Poland 
        and Hungary, to the extent that the provision of such 
        assistance is prudent and not inconsistent with safe 
        and sound banking practice.
  (b) Amendment to Federal Credit Union Act.--Section 107 of 
the Federal Credit Union Act (12 U.S.C. 1757) is amended by 
redesignating paragraph (16) as paragraph (17) and by inserting 
after paragraph (15) the following new paragraph:
          ``(16) subject to such regulations as the Board may 
        prescribe, to provide technical assistance to credit 
        unions in Poland and Hungary; and''.
  (c) Definitions.--For purposes of subsection (a)--
          (1) the term ``credit union'' means a member-owned, 
        nonprofit, cooperative depository institution--
                  (A) which is formed to permit individuals in 
                the field of membership specified in such 
                institution's charter to pool their savings, 
                lend the savings to one another, and own the 
                organization where they save, borrow, and 
                obtain related financial services; and
                  (B) whose members are united by a common bond 
                and democratically operate the institution; and
          (2) the term ``federally insured depository 
        institution'' means--
                  (A) any insured depository institution (as 
                defined in section 3(c)(2) of the Federal 
                Deposit Insurance Act); and
                  (B) any insured credit union (as defined in 
                section 101(7) of the Federal Credit Union 
                Act).

                    TITLE III--TRADE AND INVESTMENT

SEC. 301. ELIGIBILITY OF POLAND FOR GENERALIZED SYSTEM OF PREFERENCES.

  Subsection (b) of section 502 of the Trade Act of 1974 (19 
U.S.C. 2462(b))\19\ is amended by striking out ``Poland'' in 
the table within such subsection.
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    \19\Sec. 502(b) of the Trade Act of 1974 (Public Law 93-618) lists 
those countries excluded from designation of ``Beneficiary Developing 
Country'' under the Generalized System of Preferences. Hungary was 
removed from this list by Public Law 98-573, effective January 4, 1985.
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SEC. 302. OVERSEAS PRIVATE INVESTMENT CORPORATION PROGRAMS FOR POLAND 
                    AND HUNGARY.

  (a) Eligibility of Poland and Hungary for OPIC Programs.--
Section 239(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2199(f)) is amended by inserting ``, Poland, Hungary,'' after 
``Yugoslavia''.\20\
---------------------------------------------------------------------------
    \20\Sec. 239 of the Foreign Assistance Act of 1961 states the 
general provisions and powers of the Overseas Private Investment 
Corporation. Subsec. (f) requires the President to determine that OPIC 
programs in certain countries are in the national interest.
---------------------------------------------------------------------------
  (b)\21\ Enhancement of Nongovernmental Sector.--In accordance 
with its mandate to foster private initiative and competition 
and enhance the ability of private enterprise to make its full 
contribution to the development process, the Overseas Private 
Investment Corporation shall support projects in Poland and 
Hungary which will result in enhancement of the nongovernmental 
sector and reduction of state involvement in the economy.
---------------------------------------------------------------------------
    \21\22 U.S.C. 2199 note.
---------------------------------------------------------------------------
  (c)\21\ Avoidance of Duplicative Amendments.--If the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1990, contains the same amendment that is 
made by subsection (a) of this section, the amendment made by 
that Act shall not be effective.\22\
---------------------------------------------------------------------------
    \22\Sec. 597 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1257), stated the same amendment.
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SEC. 303.\23\ EXPORT-IMPORT BANK PROGRAMS FOR POLAND AND HUNGARY.

  (a) Authority to Extend Credit to Poland and Hungary.--
Notwithstanding section 2(b)(2) of the Export-Import Bank Act 
of 1945 (12 U.S.C. 635(b)(2)), the Export-Import Bank of the 
United States may guarantee, insure, finance, extend credit, 
and participate in the extension of credit in connection with 
the purchase or lease of any product by the Republic of Hungary 
or any agency or national thereof or by the Polish People's 
Republic or any agency or national thereof.
---------------------------------------------------------------------------
    \23\12 U.S.C. 635 note.
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  (b) Private Financial Intermediaries to Facilitate Exports to 
Poland.--Consistent with the provisions of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635 and following), the Export-
Import Bank of the United States shall work with private 
financial intermediaries in Poland to facilitate the export of 
goods and services to Poland.

SEC. 304.\24\ TRADE CREDIT INSURANCE PROGRAM FOR POLAND. * * *
---------------------------------------------------------------------------

    \24\Sec. 304(a) amended the Foreign Assistance Act of 1961 by 
inserting a new section 225.
---------------------------------------------------------------------------
  (b) Conforming Amendment.--Section 224 of that Act is amended 
by inserting ``For Central America'' after ``Program'' in the 
section caption.
  (c) Conforming Reference.--With respect to Poland, any 
reference in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990, to section 224 of 
the Foreign Assistance Act of 1961 shall be deemed to be a 
reference to section 225 of that Act (as enacted by this 
section).

SEC. 305.\25\ TRADE AND DEVELOPMENT AGENCY\26\ ACTIVITIES FOR POLAND 
                    AND HUNGARY.

    In order to permit expansion of the Trade and Development 
Agency\26\ into Poland and Hungary, there are authorized to be 
appropriated $6,000,000 for the 3-year period beginning October 
1, 1989, to carry out section 661 of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2241), in addition to amounts otherwise 
available for such purpose.
---------------------------------------------------------------------------
    \25\22 U.S.C. 2421 note.
    \26\Sec. 202(e) of Public Law 102-549 (106 Stat. 3658) provided 
that any reference in any law to the Trade and Development Program 
shall be deemed to be a reference to the Trade and Development Agency.
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SEC. 306. BILATERAL INVESTMENT TREATIES WITH POLAND AND HUNGARY.

  The Congress urges the President to seek bilateral investment 
treaties with Poland and Hungary in order to establish a more 
stable legal framework for United States investment in those 
countries.

SEC. 307. CERTAIN POLISH BONDS NOT SUBJECT TO INTERNAL REVENUE CODE 
                    RULES RELATING TO BELOW-MARKET LOANS.

  (a) In General.--Paragraph (5) of section 1812(b) of the Tax 
Reform Act of 1986 is amended--
          (1) by inserting ``or Poland'' after ``Israel'' in 
        the text thereof, and
          (2) by inserting ``or polish'' after ``israel'' in 
        the heading thereof.\27\
---------------------------------------------------------------------------
    \27\Sec. 1812(b)(5) of the Tax Reform Act of 1986 (Public Law 99-
514) may be found at 100 Stat. 2834; 26 U.S.C. 7872 note.
---------------------------------------------------------------------------
  (b)\28\ Effective Date.--The amendments made by this section 
shall apply to obligations issued after the date of the 
enactment of this Act.
---------------------------------------------------------------------------
    \28\26 U.S.C. 7872 note.
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       TITLE IV--EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES

SEC. 401.\29\ EDUCATIONAL AND CULTURAL EXCHANGES AND SISTER 
                    INSTITUTIONS PROGRAMS WITH POLAND AND HUNGARY.

  (a) Educational and Cultural Exchanges.--
---------------------------------------------------------------------------
    \29\22 U.S.C. 5441.
---------------------------------------------------------------------------
          (1) Support for expanded u.s. participation.--The 
        United States should expand its participation in 
        educational and cultural exchange activities with 
        Poland and Hungary, using the full array of existing 
        government-funded and privately-funded programs, with 
        particular emphasis on the J. William Fulbright 
        Educational Exchange Program, the International 
        Visitors Program, the Samantha Smith Memorial Exchange 
        Program, the exchange programs of the National Academy 
        of Sciences, youth and student exchanges through such 
        private organizations as The Experiment in 
        International Living, The American Field Service 
        Committee, and Youth for Understanding, and research 
        exchanges sponsored by the International Research and 
        Exchanges Board (IREX).
          (2) Emphasis on skills in business and economics.--
        The United States should place particular emphasis on 
        expanding its participation in educational exchange 
        activities that will assist in developing the skills in 
        business and economics that are necessary for the 
        development of a free market economy in Poland and 
        Hungary.
  (b) Binational Fulbright Commissions.--The United States 
should take all appropriate action to establish binational 
Fulbright commissions with Poland and Hungary in order to 
facilitate and enhance academic and scholarly exchanges with 
those countries.
  (c) Reciprocal Cultural Centers.--The President should 
consider the establishment of reciprocal cultural centers in 
Poland and the United States and in Hungary and the United 
States to facilitate government-funded and privately-funded 
cultural exchanges.
  (d) Sister Institutions Programs.--The President shall act to 
encourage the establishment of ``sister institution'' programs 
between American and Polish organizations and between American 
and Hungarian organizations, including such organizations as 
institutions of higher education, cities and towns, and 
organizations in such fields as medicine and health care, 
business management, environmental protection, and agricultural 
research and marketing.
  (e) Authorization of Appropriations.--To enable the United 
States Information Agency to support the activities described 
in this section, there are authorized to be appropriated 
$12,000,000 for the 3-year period beginning October 1, 1989, in 
addition to amounts otherwise available for such purposes.

SEC. 402.\30\ POLAND-HUNGARY SCHOLARSHIP PARTNERSHIP.

  (a) Establishment of Scholarship Program.--The Administrator 
of the Agency for International Development is authorized to 
establish and administer a program of scholarship assistance, 
in cooperation with State governments, universities, community 
colleges, and businesses, to provide scholarships to enable 
students from Poland and Hungary to study in the United States.
---------------------------------------------------------------------------
    \30\22 U.S.C. 5442.
---------------------------------------------------------------------------
  (b) Emphasis on Business and Economics.--The scholarship 
program provided for in this section shall emphasize 
scholarships to enable students from Poland and Hungary to 
study business and economics in the United States. Such 
scholarships may be provided for study in programs that range 
from the standard management courses to more specialized 
assistance in commercial banking and the creation of a stock 
market.
  (c) Grants to States.--In carrying out this section, the 
Administrator may make grants to States to provide scholarship 
assistance for undergraduate or graduate degree programs, and 
training programs of one year or longer, in study areas related 
to the critical development needs of Poland and Hungary.
  (d) Consultation With States.--The Administrator shall 
consult with the participating States with regard to the 
educational opportunities available within each State and on 
the assignment of scholarship recipients.
  (e) Federal Share.--The Federal share for each year for which 
a State receives payments under this section shall not be more 
than 50 percent.
  (f) Non-Federal Share.--The non-Federal share of payments 
under this section may be in cash, including the waiver of 
tuition or the offering of in-State tuition or housing waivers 
or subsidies, or in-kind fairly evaluated, including the 
provision of books or supplies.
  (g) Forgiveness of Scholarship Assistance.--The obligation of 
any recipient to reimburse any entity for any or all 
scholarship assistance provided under this section shall be 
forgiven upon the recipient's prompt return to Poland or 
Hungary, as the case may be, for a period which is at least one 
year longer than the period spent studying in the United States 
with scholarship assistance.
  (h) Private Sector Participation.--To the maximum extent 
practicable, each participating State shall enlist the 
assistance of the private sector to enable the State to meet 
the non-Federal share of payments under this section. Wherever 
appropriate, each participating State shall encourage the 
private sector to offer internships or other opportunities 
consistent with the purposes of this section to students 
receiving scholarships under this section.
  (i) Funding.--Grants to States pursuant to this section shall 
be made with funds made available to carry out chapter 1 of 
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 
and following; relating to development assistance) or chapter 4 
of part II of that Act (22 U.S.C. 2346 and following; relating 
to the economic support fund). In addition to amounts otherwise 
available for such purpose under those chapters, there are 
authorized to be appropriated $10,000,000 for the 3-year period 
beginning October 1, 1989, for use in carrying out this 
section.
  (j) Restrictions not Applicable.--Prohibitions on the use of 
foreign assistance funds for assistance for Poland and Hungary 
shall not apply with respect to the funds made available to 
carry out this section.
  (k) Definition of State.--As used in this section, the term 
``State'' means each of the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the Virgin Islands, the Trust Territory of the Pacific 
Islands, and the Commonwealth of the Northern Mariana Islands.

SEC. 403.\31\ SCIENCE AND TECHNOLOGY EXCHANGE WITH POLAND AND HUNGARY.

  (a) Agreement With Poland.--There are authorized to be 
appropriated to the Secretary of State for purposes of 
continuing to implement the 1987 United States-Polish science 
and technology agreement--
---------------------------------------------------------------------------
    \31\22 U.S.C. 5443.
---------------------------------------------------------------------------
          (1) $1,500,000 for fiscal year 1990,
          (2) $2,000,000 for fiscal year 1991, and
          (3) $2,000,000 for fiscal year 1992.
  (b) Agreement With Hungary.--There are authorized to be 
appropriated to the Secretary of State for purposes of 
implementing the 1989 United States-Hungarian science and 
technology agreement--
          (1) $500,000 for fiscal year 1990,
          (2) $1,000,000 for fiscal year 1991, and
          (3) $1,000,000 for fiscal year 1992.
  (c) Definition of Agreements Being Funded.--For purposes of 
this section--
          (1) the term ``1987 United States-Polish science and 
        technology agreement'' refers to the agreement 
        concluded in 1987 by the United States and Poland, 
        entitled ``Agreement Between the Government of the 
        United States of America and the Polish People's 
        Republic on Cooperation in Science and Technology and 
        Its Funding'', together with annexes relating thereto; 
        and
          (2) the term ``1989 United States-Hungarian science 
        and technology agreement'' refers to the agreement 
        concluded in 1989 by the United States and Hungary, 
        entitled ``Agreement Between the Government of the 
        United States of America and the Government of the 
        Hungarian People's Republic for Scientific and 
        Technology Cooperation'', together with annexes 
        relating thereto.

                   TITLE V--OTHER ASSISTANCE PROGRAMS

SEC. 501.\32\ ASSISTANCE IN SUPPORT OF DEMOCRATIC INSTITUTIONS IN 
                    POLAND AND HUNGARY.

  (a) Authorization of Assistance.--In addition to amounts 
otherwise available for such purposes, there are authorized to 
be appropriated to carry out chapter 4 of part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2346 and following; 
relating to the economic support fund) $12,000,000 for the 3-
year period beginning October 1, 1989, which shall be available 
only for the support of democratic institutions and activities 
in Poland and Hungary.
---------------------------------------------------------------------------
    \32\22 U.S.C. 5451.
---------------------------------------------------------------------------
  (b) Nonapplicability of Other Laws.--Assistance may be 
provided under this section notwithstanding any other provision 
of law.

SEC. 502.\33\ ENVIRONMENTAL INITIATIVES FOR POLAND AND HUNGARY.

  (a) Priority for the Control of Pollution.--The Congress 
recognizes the severe pollution problems affecting Poland and 
Hungary and the serious health problems which ensue from such 
pollution. The Congress therefore directs that a high priority 
be given in the implementation of assistance to Poland and 
Hungary to the control of pollution and the restoration of the 
natural resource base on which a sustainable, healthy economy 
depends.
---------------------------------------------------------------------------
    \33\22 U.S.C. 5452.
---------------------------------------------------------------------------
  (b) EPA Activities Generally.--In addition to specific 
authorities contained in any of the environmental statutes 
administered by the Environmental Protection Agency, the 
Administrator of that Agency (hereinafter in this section 
referred to as the ``Administrator'') is authorized to 
undertake such educational, policy training, research, and 
technical and financial assistance, monitoring, coordinating, 
and other activities as the Administrator may deem appropriate, 
either alone or in cooperation with other United States or 
foreign agencies, governments, or public or private 
institutions, in protecting the environment in Poland and 
Hungary.
  (c) EPA Activities in Poland.--The Administrator shall 
cooperate with Polish officials and experts to--
          (1) establish an air quality monitoring network in 
        the Krakow metropolitan area as a part of Poland's 
        national air monitoring network; and
          (2) improve both water quality and the availability 
        of drinking water in the Krakow metropolitan area.
  (d) EPA Activities in Hungary.--The Administrator shall work 
with other United States and Hungarian officials and private 
parties to establish and support a regional center in Budapest 
for facilitating cooperative environmental activities between 
governmental experts and public and private organizations from 
the United States and Eastern and Western Europe.
  (e) Funding of EPA Activities.--To enable the Environmental 
Protection Agency to carry out subsections (b), (c), and (d), 
there are authorized to be appropriated $10,000,000 for the 3-
year period beginning October 1, 1989, to carry out chapter 1 
of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 
and following; relating to development assistance) or chapter 4 
of Part II of that Act (22 U.S.C. 2346 and following; relating 
to the economic support fund). These funds may be used to carry 
out those subsections notwithstanding any provision of law 
relating to the use of foreign assistance funds.
  (f) Department of Energy Activities Relating to Fossil 
Fuels.--
          (1) Clean coal.--The Secretary of Energy shall 
        cooperate with Polish officials and experts to retrofit 
        a coal-fired commercial powerplant in the Krakow, 
        Poland, region with advanced clean coal technology that 
        has been successfully demonstrated at a comparably 
        scaled powerplant in the United States. Such retrofit 
        shall be carried out by one or more United States 
        companies using United States technology and equipment 
        manufactured in the United States. The Secretary may 
        vest title in any property acquired under this 
        paragraph in an entity other than the United States.
          (2) Equipment assessment.--The Secretary of Energy 
        shall cooperate with Polish officials and experts and 
        companies within the United States to assess and 
        develop the capability within Poland to manufacture or 
        modify boilers, furnaces, smelters, or other equipment 
        that will enable industrial facilities within Poland to 
        use fossil fuels cleanly. The Secretary may vest title 
        in any property acquired under this paragraph in an 
        entity other than the United States.
          (3) Authorization of appropriations.--To carry out 
        paragraphs (1) and (2) of this subsection, there are 
        authorized to be appropriated $30,000,000 for the 3-
        year period beginning October 1, 1989. Not more than 
        $10,000,000 of the funds appropriated under this 
        paragraph may be used to carry out the requirements of 
        paragraph (1).
  (g) Priority for Efficient Energy Use.--In view of the high 
energy usage per unit of output in Hungary and Poland, the 
Secretary of Energy shall give high priority to assisting 
officials of Poland and Hungary in improving the efficiency of 
their energy use, through emphasis on such measures as 
efficient motors, lights, gears, and appliances and 
improvements in building insulation and design.
  (h) Alternative Investments in Energy in Hungary.--It is the 
sense of the Congress that the Executive branch should work 
with the Government of Hungary to achieve environmentally safe 
alternative investments in energy efficiency, particularly with 
regard to projects along the Danube River.

SEC. 503.\34\ MEDICAL SUPPLIES, HOSPITAL EQUIPMENT, AND MEDICAL 
                    TRAINING FOR POLAND.

  (a) Authorization of Assistance.--In addition to amounts 
otherwise available for such purposes, there are authorized to 
be appropriated to carry out chapter 4 of part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2346 and following; 
relating to the economic support fund) $4,000,000 for the 3-
year period beginning October 1, 1989, which shall be available 
only--
---------------------------------------------------------------------------
    \34\22 U.S.C. 5453.
---------------------------------------------------------------------------
          (1) for providing medical supplies and hospital 
        equipment to Poland through private and voluntary 
        organizations, including for the expenses of 
        purchasing, transporting, and distributing such 
        supplies and equipment, and
          (2) for training of Polish medical personnel.
  (b) Nonapplicability of Other Laws.--Assistance may be 
provided under this section notwithstanding any other provision 
of law, other than--
          (1) section 104(f) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2151b(f); relating to the prohibition 
        on the use of funds for abortions and involuntary 
        sterilizations), and
          (2) any provision of the annual Foreign Operations, 
        Export Financing, and Related Programs Appropriations 
        Act that relates to abortion.

               TITLE VI--ADDITIONAL SEED PROGRAM ACTIONS

SEC. 601.\35\ POLICY COORDINATION OF SEED PROGRAM.

  The President shall designate, within the Department of 
State, a SEED Program coordinator who shall be directly 
responsible for overseeing and coordinating all programs 
described in this Act and all other activities that the United 
States Government conducts in furtherance of the purposes of 
this Act.
---------------------------------------------------------------------------
    \35\22 U.S.C. 5461.
---------------------------------------------------------------------------

SEC. 602.\36\ SEED INFORMATION CENTER SYSTEM.

  (a) Establishment.--The President shall establish a SEED 
Information Center System, using existing Executive branch 
agencies and acting in cooperation with the Government of 
Poland and the Government of Hungary.
---------------------------------------------------------------------------
    \36\22 U.S.C. 5462. Sec. 3 of Executive Order 12703, February 20, 
1990 (55 F.R. 6351), delegated the functions conferred upon the 
President in this section relating to the establishment of a SEED 
information Center System in cooperation with the Governments of Poland 
and Hungary to the Secretary of Commerce, in consultation with the SEED 
Program Coordinator and other agencies.
---------------------------------------------------------------------------
  (b) Functions.--
          (1) In general.--The SEED Information Center System 
        shall serve as a central clearinghouse mechanism for 
        information relating to--
                  (A) business needs and opportunities in 
                Eastern Europe, and
                  (B) voluntary assistance to countries in 
                Eastern Europe.
          (2) Private enterprise development.--The SEED 
        Information Center System shall be organized, among 
        other purposes, to encourage--
                  (A) the submission of economically sound 
                proposals to the Polish-American Enterprise 
                Fund and Hungarian-American Enterprise Fund, 
                and
                  (B) other sources of finance for the 
                development of private enterprise in Eastern 
                Europe.
  (c) Location.--The SEED Information Center System shall be 
based jointly in Washington, District of Columbia; Warsaw, 
Poland; and Budapest, Hungary; and should it become 
appropriate, the capitals of other East European countries.

SEC. 603.\37\ ENCOURAGING VOLUNTARY ASSISTANCE FOR POLAND AND HUNGARY.

  (a) Encouraging Private Contributions.--It is the sense of 
the Congress that the President should take all possible steps 
to encourage across the Nation a massive outpouring of private 
contributions of money and nonperishable foods, to be collected 
by civic, religious, school, and youth organizations, for 
assistance to Poland and to refugees from Romania who are in 
Hungary.
---------------------------------------------------------------------------
    \37\22 U.S.C. 5463.
---------------------------------------------------------------------------
  (b) Transportation to Poland of Private Contributions.--In 
further of subsection (a), the President--
          (1) using all available authorities, including 
        section 402 of title 10, United States Code (relating 
        to transportation of humanitarian relief supplies), 
        should use resources of the Department of Defense 
        (including the National Guard) to transport 
        nonfinancial private contributions to Poland,
          (2) should request additional authorities as needed 
        for the use of those resources for that purpose; and
          (3) should encourage maximum participation by such 
        recognized private and voluntary organizations as the 
        Polish-American Congress in the transportation of 
        nonfinancial private contributions to Poland.

SEC. 604.\38\ ECONOMIC AND COMMERCIAL OFFICERS AT UNITED STATES 
                    EMBASSIES AND MISSIONS IN POLAND AND HUNGARY.

  It is the sense of the Congress that, to the extent 
practicable--
---------------------------------------------------------------------------
    \38\22 U.S.C. 5464.
---------------------------------------------------------------------------
          (1) the United States Embassy in Budapest, Hungary, 
        should be assigned one additional economic and 
        commercial officer;
          (2) the United States Embassy in Warsaw, Poland, 
        should be assigned one additional economic officer and 
        one additional commercial officer;
          (3) the United States Trade Center in Warsaw, Poland, 
        should be assigned one additional economic and 
        commercial officer; and
          (4) the United States mission in Krakow, Poland, 
        should be assigned one additional economic and 
        commercial officer.

                   TITLE VII--REPORTS TO CONGRESS\39\

SEC. 701.\40\ REPORT ON INITIAL STEPS TAKEN BY UNITED STATES AND ON 
                    POLAND'S REQUIREMENT FOR AGRICULTURAL ASSISTANCE.

  (a) Initial Report.--Not later than 60 days after the date of 
enactment of this Act, the President shall submit a report to 
the Congress--
---------------------------------------------------------------------------
    \39\Sec. 1 of Executive Order 12703, February 20, 1990 (55 F.R. 
6351), delegated the functions conferred upon the President in this 
title relating to reports to the Congress to the Coordinator of the 
SEED Program.
    \40\22 U.S.C. 5471.
---------------------------------------------------------------------------
          (1) describing the steps taken by the United States 
        Government pursuant to title I, in particular sections 
        102 (a) and (b);
          (2) assessing Poland's requirements for additional 
        agricultural assistance during fiscal year 1990 and its 
        requirements for agricultural assistance during fiscal 
        years 1991 and 1992; and
          (3) specifying how much agricultural assistance the 
        President proposes be provided by the United States to 
        meet those requirements.
  (b) Updating Assessments.--As additional information becomes 
available, the President shall provide to the Congress revised 
assessments of Poland's requirements for agricultural 
assistance during fiscal years 1991 and 1992, specifying how 
much agricultural assistance the President proposes be provided 
by the United States to meet those requirements.

SEC. 702.\41\ REPORT ON CONFIDENCE BUILDING MEASURES BY POLAND AND 
                    HUNGARY.

  Not later than 180 days after the date of enactment of this 
Act, the President shall submit a report to the Congress 
identifying--
---------------------------------------------------------------------------
    \41\22 U.S.C. 5472.
---------------------------------------------------------------------------
          (1) the confidence building measures Poland and 
        Hungary could undertake to facilitate the negotiation 
        of agreements, including bilateral customs and 
        technology transfer agreements, that would encourage 
        greater direct private sector investment in that 
        country; and
          (2) the confidence building measures Poland and 
        Hungary could undertake with respect to the treatment 
        accorded those countries under the Export 
        Administration Act of 1979.

SEC. 703.\42\ REPORT ON ENVIRONMENTAL PROBLEMS IN POLAND AND HUNGARY.

  The first report submitted pursuant to section 704 shall 
include the following:
---------------------------------------------------------------------------
    \42\22 U.S.C. 5473.
---------------------------------------------------------------------------
          (1) Assessment of problems.--An overall assessment of 
        the environmental problems facing Poland and Hungary, 
        including--
                  (A) a relative ranking of the severity of the 
                problems and their effects on both human health 
                and the general environment;
                  (B) a listing of the geographical areas of 
                each country that have suffered the heaviest 
                environmental damage, and a description of the 
                source and scope of the damage; and
                  (C) an assessment of the environmental 
                performance of leading industrial polluters in 
                those countries and the expected effect on 
                pollution levels of industrial modernization.
          (2) Priorities and costs for action.--An analysis of 
        the priorities that Poland and Hungary should each 
        assign in addressing its environmental problems, and an 
        estimate of the capital and human resources required to 
        undertake a comprehensive program of environmental 
        protection in that country.
          (3) Role of united states and multilateral 
        assistance.--A statement of strategy for United States 
        assistance for the next 5 years to address 
        environmental problems in Poland and Hungary, 
        including--
                  (A) recommendations for appropriate levels 
                and forms of bilateral financial and technical 
                assistance;
                  (B) recommendations concerning United States 
                participation in cooperative multilateral 
                undertakings;
                  (C) an assessment of the feasibility of debt-
                for-nature swaps as a technique of 
                environmental protection in each country; and
                  (D) recommendations for minimizing further 
                environmental damage to Krakow, and for the 
                protection and restoration of historic sites in 
                that city.

SEC. 704.\43\ ANNUAL SEED PROGRAM REPORT.

  (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \43\22 U.S.C. 5474.
---------------------------------------------------------------------------
          (1) in order to provide the President with maximum 
        flexibility and opportunity for innovation in 
        implementation of the SEED Program, this Act sets forth 
        general goals and modalities for the support of 
        democracy and economic pluralism in Eastern Europe;
          (2) prompt United States action in devising specific 
        measures to achieve the goals outlined in this Act will 
        be crucial in generating the public awareness, and the 
        international commitment, necessary for United States 
        leadership of a successful multilateral program of 
        assistance in Eastern Europe; and
          (3) clear-cut delineation of such United States 
        actions at an early date is integral to United States 
        leadership of this effort.
  (b) Initial Seed Program Report.--Accordingly, the first 
report pursuant to subsection (c) shall be a comprehensive 
report that includes a full description of all SEED Actions 
taken pursuant to each provision of this Act since the 
enactment of this Act.
  (c) Annual Seed Program Report.--Not later than January 31 of 
each year (beginning in 1991), the President shall submit to 
the Congress a ``Report on the United States Program of Support 
for East European Democracy (the SEED Program)''. Each such 
report shall describe the assistance provided to each East 
European country under this Act during the preceding fiscal 
year. In addition, each such report shall contain an assessment 
of the progress made by each such recipient country in--
          (1) implementing economic policies designed to 
        promote sustained economic growth, develop economic 
        freedom, and increase opportunities for the people of 
        that country; and
          (2) adopting and implementing constitutional, legal, 
        and administrative measures that--
                  (A) affect the powers of the executive and 
                legislative authorities and the independence of 
                the judiciary,
                  (B) affect the formation and operation of 
                independent political parties, groups, 
                associations, or organizations, or
                  (C) affect fundamental human rights and civil 
                liberties.

SEC. 705.\44\ REPORTS ON CERTAIN ACTIVITIES.

  At the same time each report is submitted pursuant to section 
704(c), the President shall submit to the appropriate 
committees of the Congress a report on the extent of espionage 
activities against the United States and other member countries 
of the North Atlantic Treaty Organization by operatives of the 
government of any East European country that is receiving 
assistance under this Act. Such reports may be submitted in 
classified form.
---------------------------------------------------------------------------
    \44\22 U.S.C. 5475.
---------------------------------------------------------------------------

SEC. 706.\45\ NOTIFICATIONS TO CONGRESS REGARDING ASSISTANCE.

  Section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 
2394-1; relating to reprogramming notifications) applies with 
respect to obligations of funds made available under that Act 
to carry out this Act, notwithstanding any other provision of 
this Act.
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    \45\22 U.S.C. 5476.
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                  TITLE VIII--MISCELLANEOUS PROVISIONS

SEC. 801.\46\ SUSPENSION OF SEED ASSISTANCE.

  The President should suspend all assistance to an East 
European country pursuant to this Act if the President 
determines, and reports to the Congress, that--
---------------------------------------------------------------------------
    \46\22 U.S.C. 5491.
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          (1) that country is engaged in international 
        activities directly and fundamentally contrary to 
        United States national security interests;
          (2) the president or any other government official of 
        that country initiates martial law or a state of 
        emergency for reasons other than to respond to a 
        natural disaster or a foreign invasion; or
          (3) any member who was elected to that country's 
        parliament has been removed from that office or 
        arrested through extraconstitutional processes.

SEC. 802.\47\ DECLARATION OF THE REPUBLIC OF HUNGARY.

  (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \47\22 U.S.C. 5492.
---------------------------------------------------------------------------
          (1) on October 23, 1989, in a public ceremony in 
        Budapest, the acting President of Hungary declared the 
        Hungarian state to be an independent, democratic 
        Republic of Hungary;
          (2) this public ceremony was held on the 33d 
        anniversary of Hungary's 1956 revolution that was 
        bloodily suppressed by Soviet troops;
          (3) this public ceremony was held in the same Kossuth 
        Square where the first mass rally of the 1956 
        revolution was held;
          (4) as a further symbol of Hungary's faithfulness to 
        the legacy of the revolution of 1956, the declaration 
        by the acting President was made from the same balcony 
        from which Imre Nagy, the martyred Prime Minister of 
        the revolutionary government of 1956, addressed the 
        citizens of Budapest 33 years before;
          (5) the heroic revolt and freedom fight of the 
        Hungarian people in 1956 was an inspirational event, 
        reminding a generation of Americans of the sacrifices 
        people are willing to undertake as the price of 
        liberty; and
          (6) the present efforts of the Hungarian people to 
        validate the legacy of the revolution of 1956 by 
        establishing a free, independent, and prosperous 
        Hungary have gained the sympathy and admiration of the 
        American people.
  (b) Congressional Declarations.--The Congress--
          (1) congratulates the people of Hungary on the 
        declaration of a Republic of Hungary committed to 
        democratic principles; and
          (2) expresses its desire to enhance the friendly 
        relations between the people of Hungary and the people 
        of the United States and between their respective 
        governments.

SEC. 803.\48\ ADMINISTRATIVE EXPENSES OF THE AGENCY FOR INTERNATIONAL 
                    DEVELOPMENT.

  For the purpose of paying administrative expenses incurred in 
connection with carrying out its functions under this Act, the 
Agency for International Development may use up to $500,000 
each fiscal year of the funds made available to the Agency 
under this Act.
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    \48\22 U.S.C. 5493.
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SEC. 804.\49\ RELATION OF PROVISIONS OF THIS ACT TO CERTAIN PROVISIONS 
                    OF APPROPRIATIONS ACTS.

  Any provision of the annual Foreign Operations, Export 
Financing, and Related Programs Appropriations Act that 
provides that assistance for Poland or Hungary under that Act 
may be provided ``notwithstanding any other provision of law'' 
shall not supersede any otherwise applicable provision of this 
Act. This section shall not, however, be construed to apply 
with respect to section 599C(b) of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 
1990\50\ (or a corresponding provision of a subsequent such 
appropriations Acts.
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    \49\22 U.S.C. 5494.
    \50\Sec. 599C(b) of Public Law 101-167 provided that:
    ``Notwithstanding any other provision of this Act, any funds made 
available by this Act for a specific activity for Poland or Hungary 
instead may be obligated for Poland or Hungary for an activity with a 
similar purpose. The authority of section 515 of this Act may also be 
used to deobligate such funds and reobligate them for Poland or Hungary 
for an activity with a similar purpose: Provided, That the authority of 
this subsection shall be exercised subject to the regular notification 
procedures of the Committees on Appropriations.''.
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SEC. 805.\51\ CERTAIN USES OF EXCESS FOREIGN CURRENCIES.

  (a) Authority To Use.--During fiscal year 1990, the 
Administrator of the Agency for International Development may 
use, for the purposes described in subsection (b), such sums of 
foreign currencies described in subsection (c) as the 
Administrator may determine, subject to subsection (f).
---------------------------------------------------------------------------
    \51\22 U.S.C. 5495.
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  (b) Purposes for Which Currency May Be Used.--Foreign 
currencies may be used under this section--
          (1) for the same purposes for which assistance may be 
        provided under part I of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2151 and following; relating to 
        economic assistance), and
          (2) for the support of any institution providing 
        education for a significant number of United States 
        nationals (who may include members of the United States 
        Armed Forces or the Foreign Service or dependents of 
        such members).
  (c) Currencies Which May Be Used.--The foreign currencies 
which may be used under this section are United States-owned 
excess foreign currencies that are in excess of amounts 
necessary for satisfaction of preexisting commitments to use 
such currencies for other purposes specified by law.
  (d) Where Currencies May Be Used.--Foreign currencies may be 
used under this section in the country where such currencies 
are held or in other foreign countries.
  (e) Nonapplicability of Other Provisions of Law.--Foreign 
currencies may be used under this section notwithstanding 
section 1306 of title 31, United States Code, or any other 
provision of law.
  (f) Requirement for Appropriations Action.--The authority of 
this section may be exercised only to such extent or in such 
amount as may be provided in advance in an appropriation Act.

                 (8) American Aid to Poland Act of 1988

 Partial text of Public Law 100-418 [Omnibus Trade and Competitiveness 
 Act of 1988, H.R. 4848], 102 Stat. 1107 at 1336, approved August 23, 
  1988; as amended by 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 103-306 
      [Foreign Operations, Export Financing, and Related Programs 
 Appropriations Act, 1995; H.R. 4426], 108 Stat. 1654, approved August 
                                23, 1994

AN ACT To enhance the competitiveness of the American industry, and for 
                            other purposes.

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

                     PART II--ASSISTANCE TO POLAND

SEC. 2221.\1\ SHORT TITLE.

    This part may be cited as the ``American Aid to Poland Act 
of 1988''.
---------------------------------------------------------------------------
    \1\7 U.S.C. 1431 note.
---------------------------------------------------------------------------

SEC. 2222. FUNDING FOR SCIENCE AND TECHNOLOGY AGREEMENT.

    (a) Funding.--For purposes of implementing the 1987 United 
States-Polish science and technology agreement, there are 
authorized to be appropriated to the Secretary of State for 
fiscal year 1988, $1,000,000.
    (b) Availability of Funds.--Amounts appropriated under 
subsection (a) are authorized to remain available until 
expended.
    (c) Definition.--For purposes of this section, the term 
``1987 United States-Polish science and technology agreement'' 
refers to the draft agreement concluded in 1987 by the United 
States and Poland, entitled ``Agreement Between the Government 
of the United States of America and the Polish People's 
Republic on Cooperation in Science and Technology and Its 
Funding'', together with annexes relating thereto.

SEC. 2223. DONATION OF SURPLUS AGRICULTURAL COMMODITIES.

    (a) Authority to Donate.--Notwithstanding any other 
provision of law, if the Secretary of Agriculture determines 
for each fiscal year that (1) a donation under this section 
would not limit the Secretary's ability to meet urgent 
humanitarian needs for agricultural commodities, and (2) such 
donation would not cause a reduction in the price of the same 
or similar agricultural commodities produced in Poland\2\ the 
Secretary of Agriculture shall donate, under the applicable 
provisions of section 416(b) of the Agricultural Act of 1949, 
for each of the fiscal years 1995 through 1999,\3\ 8,000 metric 
tons of uncommitted stocks of eligible commodities of the 
Commodity Credit Corporation under an agreement with the 
Government of Poland that the Government of Poland will sell 
such commodities and that all the proceeds from such sales will 
be used by governmental and\4\ nongovernmental agencies for 
eligible activities in Poland described in section 
416(b)(7)(D)(ii) of that Act (as amended by section 2225 of 
this Act) that have been approved, upon application, by the 
joint commission described in section 2226 and by the United 
States chief of diplomatic mission in Poland.
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    \2\Sec. 576(a)(1) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 
Stat. 1654) inserted ``if the Secretary of Agriculture determines for 
each fiscal year that (1) a donation under this section would not limit 
the Secretary's ability to meet urgent humanitarian needs for 
agricultural commodities, and (2) such donation would not cause a 
reduction in the price of the same or similar agricultural commodities 
produced in Poland'' after ``Notwithstanding any other provision of 
law''.
    \3\Sec. 576(a)(2) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 
Stat. 1654), struck out ``1988 through 1992'' and inserted in lieu 
thereof ``1995 through 1999''.
    \4\Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2032), inserted ``governmental and'' at this point, and made 
similar amendments at sec. 416(b)(7)(D)(ii) of the Agricultural Act of 
1949.
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    (b) Definitions.--For purposes of this section--
          (1) the term ``eligible commodities'' has the same 
        meaning as is given such term in section 416(b)(2) of 
        the Agricultural Act of 1949 and, in addition, includes 
        feed grains, soybeans, and soybean products;\5\ and
---------------------------------------------------------------------------
    \5\Sec. 576(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 
Stat. 1654) inserted ``soybeans, and soybean products'' after ``feed 
grains''.
---------------------------------------------------------------------------
          (2) the term ``nongovernmental agencies'' includes 
        nonprofit voluntary agencies, cooperatives, 
        intergovernmental agencies such as the World Food 
        Program, and other multilateral organizations.

SEC. 2224. USE OF POLISH CURRENCIES.

    (a) Use of Polish Currencies.--Subject to subsection (b), 
nonconvertible Polish currencies (zlotys) held by the United 
States on the date of enactment of this Act pursuant to an 
agreement with the Government of Poland under the Agricultural 
Trade Development and Assistance Act of 1954 which are not 
assets of the Commodity Credit Corporation shall be made 
available, to the extent and in such amounts as are provided in 
advance in appropriation Acts, for eligible activities in 
Poland described in section 416(b)(7)(D)(ii) of the 
Agricultural Act of 1949 (as amended by section 2225 of this 
Act) and approved, upon application, by the joint commission 
described in section 2226 and by the United States chief of 
diplomatic mission in Poland.
    (b) Availability of Currencies.--Currencies available under 
subsection (a) are currencies available after satisfaction of 
existing commitments to use such currencies for other purposes 
specified by law.
                        * * * * * * *

SEC. 2226. JOINT COMMISSION.

    (a) Establishment.--The joint commission referred to in 
sections 2223 and 2224 and in section 416(b)(7)(D)(ii) of the 
Agricultural Act of 1949 (as amended by section 2225 of this 
Act) shall be established under an agreement between the United 
States Government, the Government of Poland, and 
nongovernmental agencies (as defined in section 2223) operating 
in Poland.
    (b) Membership.--The joint commission shall be composed 
of--
          (1) appropriate representatives of the Government of 
        Poland;
          (2) appropriate representatives of nongovernmental 
        agencies which are parties to the agreement described 
        in subsection (a); and
          (3) representatives from the United States diplomatic 
        mission in Poland, which may include a representative 
        of the Foreign Agricultural Service.

SEC. 2227. PROVISION OF MEDICAL SUPPLIES AND HOSPITAL EQUIPMENT TO 
                    POLAND.

    In addition to 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) for fiscal years 
1988 and 1989, there are authorized to be appropriated to carry 
out that chapter for each such fiscal year $2,000,000, which 
shall be available only for providing medical supplies and 
hospital equipment to Poland through private and voluntary 
organizations, including for the expenses of purchasing, 
transporting, and distributing such supplies and equipment.

    (9) Clement J. Zablocki Memorial Outpatient Facility, American 
                  Children's Hospital, Krakow, Poland

  Public Law 98-266 [H.R. 4835], 98 Stat. 153, approved April 17, 1984

   AN ACT To authorize funding for the Clement J. Zablocki Memorial 
  Outpatient Facility at the American Children's Hospital in Krakow, 
                                Poland.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) 
such amounts as may be necessary of the Polish currencies held 
by the United States shall be available for construction of a 
new facility at the American Children's Hospital in Krakow, 
Poland, which would be known as the Clement J. Zablocki 
Outpatient Facility. Such currencies may be utilized without 
regard to the requirements of section 1306 of title 31, the 
United States Code, or any other provision to law.
    (b) There are authorized to be appropriated to the 
President $10,000,000 of which--
          (1) $3,000,000 shall be for equipping and furnishing 
        the Clement J. Zablocki Outpatient Facility at the 
        American Children's Hospital in Krakow, Poland;
          (2) $3,000,000 shall be for improving medical 
        equipment at the American Children's Hospital in 
        Krakow, Poland; and
          (3) $4,000,000 shall be for providing medical 
        supplies to Poland through private and voluntary 
        agencies, including the expenses of purchasing, 
        transporting, and distributing such supplies.
Amounts appropriated pursuant to this subsection are authorized 
to remain available until expended.\1\
---------------------------------------------------------------------------
    \1\Second Supplemental Appropriations Act, 1984, provided the 
following:
---------------------------------------------------------------------------

      ``clement j. zablocki memorial outpatient facility in poland
---------------------------------------------------------------------------
    ``For an additional amount for the `Economic Support Fund', to 
carry out Public Law 98-266, $10,000,000, to remain available until 
expended.''.

   (10) Research and Training for Eastern Europe and the Independent 
             States of the Former Soviet Union Act of 1983

 Partial text of Public Law 98-164 [H.R. 2915], 97 Stat. 1017 at 1047, 
  approved November 22, 1983; amended by 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 103-199 
[FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 17, 1993

 AN ACT To authorize appropriations for fiscal years 1984 and 1985 for 
  the Department of State, the United States Information Agency, the 
 Board for International Broadcasting, the Inter-American Foundation, 
   and the Asia Foundation, to establish the National Endowment for 
                   Democracy, and for other purposes.

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

     TITLE VIII--RESEARCH AND TRAINING FOR EASTERN EUROPE AND THE 
            INDEPENDENT STATES OF THE FORMER SOVIET UNION\1\

                              SHORT TITLE

    Sec. 801. This title may be cited as the ``Research and 
Training for Eastern Europe and the Independent States of the 
Former Soviet Union Act of 1983''.\1\
---------------------------------------------------------------------------
    \1\Sec. 302 of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2322 amended the title heading and the short title, both of which 
formerly referred to Soviet-Eastern European research and training.
---------------------------------------------------------------------------

                       FINDINGS AND DECLARATIONS

    Sec. 802.\2\ The Congress finds and declares that--
---------------------------------------------------------------------------
    \2\22 U.S.C. 4501.
---------------------------------------------------------------------------
          (1) factual knowledge, independently verified, about 
        the countries of Eastern Europe and the independent 
        states of the former Soviet Union\3\is of the utmost 
        importance for the national security of the United 
        States, for the furtherance of our national interests 
        in the conduct of foreign relations, and for the 
        prudent management of our domestic affairs;
---------------------------------------------------------------------------
    \3\Sec. 302(3) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2322) struck out ``Soviet Union and Eastern European countries'' in 
para. (1), (2), and (3)(E) of sec. 802, and inserted in lieu thereof 
``countries of Eastern Europe and the independent states of the former 
Soviet Union''.
---------------------------------------------------------------------------
          (2) the development and maintenance of knowledge 
        about the countries of Eastern Europe and the 
        independent states of the former Soviet Union\3\ 
        depends upon the national capability for advanced 
        research by highly trained and experienced specialists, 
        available for service in and out of Government;
          (3) certain essential functions are necessary to 
        ensure the existence of that knowledge and the 
        capability to sustain it, including--
                  (A) graduate training;
                  (B) advanced research;
                  (C) public dissemination of research data, 
                methods, and findings;
                  (D) contact and collaboration among 
                Government and private specialists; and
                  (E) firsthand experience of the countries of 
                Eastern Europe and the independent states of 
                the former Soviet Union\3\ by American 
                specialists, including on site conduct of 
                advanced training and research to the extent 
                practicable; and
          (4) it is in the national interest for the United 
        States Government to provide a stable source of 
        financial support for the functions described in this 
        section and to supplement the financial support for 
        those functions which is currently being furnished by 
        Federal, State, local regional, and private agencies, 
        organizations, and individuals, and thereby to 
        stabilize the conduct of these functions on a national 
        scale, consistently, and on a long range unclassified 
        basis.

                              DEFINITIONS

    Sec. 803.\4\ As used in this title--
---------------------------------------------------------------------------
    \4\22 U.S.C. 4502.
---------------------------------------------------------------------------
          (1) the term ``institution of higher education'' has 
        the same meaning given such term in section 1201(a) of 
        the Higher Education Act of 1965; and
          (2) the term ``Advisory Committee'' means the 
        Advisory Committee for Studies of Eastern Europe and 
        the Independent States of the Former Soviet Union\5\ 
        established by section 804(a).
---------------------------------------------------------------------------
    \5\Sec. 302(4) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2322) struck out ``Soviet-Eastern European Studies Advisory Committee'' 
and inserted in lieu thereof ``Advisory Committee for Studies of 
Eastern Europe and the Independent States of the Former Soviet Union''.
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               ESTABLISHMENT OF THE\6\ ADVISORY COMMITTEE

    Sec. 804.\7\ (a) There is established within the Department 
of State the Advisory Committee for Studies of Eastern Europe 
and the Independent States of the Former Soviet Union\8\ which 
shall be composed of the Secretary of State, the Secretary of 
Defense, the Secretary of Education, the Librarian of Congress, 
the President of the American Association for the Advancement 
of Slavic Studies, and the President of the Association of 
American Universities. The Secretary of State shall be the 
Chairman.\9\
---------------------------------------------------------------------------
    \6\Sec. 302(5(A) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2317) struck out ``soviet-eastern european studies'' from the 
section heading.
    \7\22 U.S.C. 4503.
    \8\Sec. 302(5)(B) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``Soviet-Eastern European Studies Advisory 
Committee'' and inserted in lieu thereof ``Advisory Committee for 
Studies of Eastern Europe and the Independent States of the Former 
Soviet Union''.
    \9\The functions of the Chairman conferred upon the Secretary of 
State by this section were delegated to the Director of the Bureau of 
Intelligence and Research, pursuant to State Department Delegation of 
Authority No. 155 (September 21, 1984, 49 F.R. 39002).
---------------------------------------------------------------------------
    (b) The Advisory Committee shall meet at the call of the 
Chairman and shall hold at least one meeting each year. Three 
members of the Advisory Committee shall constitute a quorum.
    (c) The Secretary of State may detail personnel of the 
Department of State to provide technical and clerical 
assistance to the Advisory Committee in carrying out its 
functions under this title.
    (d) The Advisory Committee shall recommend grant policies 
for the advancement of the objectives of this title. In 
proposing recipients for grants under this title, the Advisory 
Committee shall give the highest priority to national 
organizations with an interest and expertise in conducting 
research and training concerning the countries of Eastern 
Europe and the independent states of the former Soviet 
Union\10\ and in disseminating the results of such research. In 
making its recommendations, the Advisory Committee shall 
emphasize the development of a stable, long-term research 
program.
---------------------------------------------------------------------------
    \10\Sec. 302(5)(C) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``Soviet and Eastern European countries'' and 
inserted in lieu thereof ``the countries of Eastern Europe and the 
independent states of the former Soviet Union''.
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                       AUTHORITY TO MAKE PAYMENTS

    Sec. 805.\11\ (a) The Secretary of State, after 
consultation with the Advisory Committee, shall make payments, 
in accordance with the provisions of this section, out of funds 
made available to carry out this title.\12\
---------------------------------------------------------------------------
    \11\22 U.S.C. 4504.
    \12\The functions of making payments conferred upon the Secretary 
of State by this subsec. were delegated to the Director of the Bureau 
of Intelligence and Research, pursuant to State Department Delegation 
of Authority No. 155 (September 21, 1984, 49 F.R. 39002).
---------------------------------------------------------------------------
    (b)(1) One part of the payments made in each fiscal year 
shall be used to conduct a national research program at the 
postdoctoral or equivalent level, such program to include--
          (A) the dissemination of information about the 
        research program and the solicitation of proposals for 
        research contracts from American institutions of higher 
        education and not-for-profit corporations, such 
        contracts to contain shared-cost provisions; and
          (B) the awarding of contracts for such research 
        projects as the respective institution determines will 
        best serve to carry out the purposes of this title 
        after reviewing proposals submitted under subparagraph 
        (A).
    (2) One part of the payments made in each fiscal year shall 
be used--
          (A) to establish and carry out a program of graduate, 
        postdoctoral, and teaching fellowships for advanced 
        training in studies on the countries of Eastern Europe 
        and the independent states of the former Soviet 
        Union\13\ and related studies, such program--
---------------------------------------------------------------------------
    \13\Sec. 302(6(A) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``Soviet and Eastern European studies '' in 
para. (2)(A), (2)(B), and (6) in sec. 805(b), and inserted in lieu 
thereof ``studies on the countries of Eastern Europe and the 
independent states of the former Soviet Union''.
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                  (i) to be coordinated with the research 
                program described in paragraph (1);
                  (ii) to be conducted, on a shared-cost basis, 
                at American institutions of higher education; 
                and
                  (iii) to include--
                          (I) the dissemination of information 
                        on the fellowship program and the 
                        solicitation of applications for 
                        fellowships from qualified institutions 
                        of higher education and qualified 
                        individuals; and
                          (II) the awarding of such fellowships 
                        as the respective institution 
                        determines will best serve to carry out 
                        the purposes of this title after 
                        reviewing applications submitted under 
                        subclause (I); and
          (B) to disseminate research, data, and findings on 
        studies on the countries of Eastern Europe and the 
        independent states of the former Soviet Union\13\ and 
        related fields in such a manner and to such extent as 
        the respective institution determines will best serve 
        to carry out the purposes of this title.
    (3) One part of the payments made in each fiscal year shall 
be used--
          (A) to provide fellowship and research support for 
        American specialists in the independent states of the 
        former Soviet Union and the countries of Eastern Europe 
        and related fields\14\ to conduct advanced research 
        with particular emphasis upon the use of data on those 
        state and countries;\15\ and
---------------------------------------------------------------------------
    \14\Sec. 302(6)(B) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``fields of Soviet and Eastern European studies 
and related studies'' in para. (3)(A) and (3)(B) of Sec. 805(b), and 
inserted in lieu thereof ``independent states of the former Soviet 
Union and the countries of Eastern Europe and related fields''.
    \15\Sec. 302(6(C) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``the Soviet Union and Eastern European 
countries'' and inserted in lieu thereof ``those states and 
countries''.
---------------------------------------------------------------------------
          (B) to conduct seminars, conferences, and other 
        similar workshops designed to facilitate research 
        collaboration between Government and private 
        specialists in the independent states of the former 
        Soviet Union and the countries of Eastern Europe and 
        related fields.\14\
    (4) One part of the payments made in each fiscal year shall 
be used to conduct specialized programs in advanced training 
and research on a reciprocal basis in the independent states of 
the former Soviet Union\16\ and the countries of Eastern Europe 
designed to facilitate access for American specialists to 
research institutes, personnel, archives, documentation, and 
other research and training resources located in those states 
and countries.\17\
---------------------------------------------------------------------------
    \16\Sec. 302(6)(D)(i) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2322) struck out ``Union of Soviet Socialist Republics'' the 
first place it appeared in par. (4), and inserted in lieu thereof 
``independent states of the former Soviet Union''.
    \17\Sec. 302(6)(D)(ii) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2322) struck out ``the Union of Soviet Socialist Republics 
and Eastern European countries'', and inserted in lieu thereof ``those 
states and countries''.
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    (5) One part of the payments made in each fiscal year shall 
be used to support training in the languages of the independent 
states of the former Soviet Union and the countries of Eastern 
Europe.\18\ Such payments shall include grants to individuals 
to pursue such training and to summer language institutes 
operated by institutions of higher education. Preference shall 
be given for Russian language studies and, as appropriate, 
studies of other languages of the independent states of the 
former Soviet Union.\19\
---------------------------------------------------------------------------
    \18\Sec. 302(6)(E)(i) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2322) struck out ``language training in Russian and Eastern 
European languages.'' in the first sentence and inserted in lieu 
thereof ``training in the languages of the independent states of the 
former Soviet Union and the countries of Eastern Europe.''.
    \19\Sec. 302(6)(E)(ii) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2322) inserted ``and, as appropriate, studies of other 
languages of the independent states of the former Soviet Union'' in the 
last sentence.
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    (6) Payments may be made to carry out other research and 
training in studies on the countries of Eastern Europe and the 
independent states of the former Soviet Union\13\ not otherwise 
described in this section.

            APPLICATIONS; PAYMENTS TO ELIGIBLE ORGANIZATIONS

    Sec. 806.\20\ (a) Any institution seeking funding under 
this title shall prepare and submit an application to the 
Secretary of State once each fiscal year. Each such application 
shall--
---------------------------------------------------------------------------
    \20\22 U.S.C. 4505.
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          (1) provide a description of the purposes for which 
        the payments will be used in accordance with section 
        805; and
          (2) provide such fiscal control and such accounting 
        procedures as may be necessary (A) to ensure a proper 
        accounting of Federal funds paid under this title, and 
        (B) to ensure the verification of the costs of the 
        continuing education and research programs conducted 
        under this title.
    (b) Payments under this title may be made in installments, 
in advance, or by way of reimbursement, with necessary 
adjustments on account of overpayments and underpayments.

                                 REPORT

    Sec. 807.\21\ The Secretary of State shall prepare and 
submit to the President and the Congress at the end of each 
fiscal year in which an institution receives assistance under 
this title a report of the activities of such institution 
supported by such assistance, if the administrative expenses of 
such institution which are covered by such assistance represent 
more than 10 percent of such assistance, together with such 
recommendations as the Advisory Committee deems advisable.
---------------------------------------------------------------------------
    \21\22 U.S.C. 4506.
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                FEDERAL CONTROL OF EDUCATION PROHIBITED

    Sec. 808.\22\ Nothing contained in this title may be 
construed to authorize any department, agency, officer, or 
employee of the United States to exercise any direction, 
supervision, or control over the curriculum, program of 
instruction or research, administration, or personnel of any 
educational institution.
---------------------------------------------------------------------------
    \22\22 U.S.C. 4507.
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                          ALLOCATION OF FUNDS

    Sec. 809.\23\ Of the funds authorized to be appropriated by 
section 102(1) of this Act--\24\
---------------------------------------------------------------------------
    \23\22 U.S.C. 4508.
    Sec. 105 of the Foreign Relations Authorization Act, Fiscal Years 
1992 and 1993, (Public Law 102-138; 105 Stat. 654) provided the 
following:
    ``(2) Soviet-east european research and training.--For `Soviet-East 
European Research and Training', $4,784,000 for the fiscal year 1992 
and $5,025,000 for the fiscal year 1993.''.
    Previous years' authorizations were: fiscal year 1986--$4,800,000; 
fiscal year 1987--$5,000,000; fiscal year 1988--$4,600,000; fiscal year 
1989--$5,000,000; fiscal year 1990--$4,600,000; fiscal year 1991--
$5,200,000.
    \24\Sec. 102(1) authorized funds for ``Administration of foreign 
affairs'' within the Department of State for fiscal years 1984 and 
1985. Authorizations for ``Soviet-East European Research and Training'' 
in following years appeared in State Department Authorization Acts for 
those years.
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          (1) up to $5,000,000 for the fiscal year 1984 shall 
        be available to carry out this title; and
          (2) $5,000,000 for the fiscal year 1985 shall be 
        available only to carry out this title.

                              TERMINATION

    Sec. 810.\25\ * * * [Repealed--1991]
---------------------------------------------------------------------------
    \25\22 U.S.C. 4509. Sec. 810 was repealed by sec. 209 of the 
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public 
Law 102-138; 105 Stat. 694). It had provided that ``The provisions of 
this title shall cease to be effective at the end of the 10-year period 
beginning on the date of enactment of this title.''.
              (11) Central European Enterprise Development

 Partial text of Small Business Act [Act of July 30, 1953, c. 282, 67 
Stat. 232, amended]; further amended by Public Law 101-515 [Departments 
 of Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1991; H.R. 5021], 104 Stat. 2101, approved November 
     5, 1990; Public Law 103-81 [Small Business Guaranteed Credit 
 Enhancement Act of 1993; S. 1274], 107 Stat. 780, approved August 13, 
    1993; and by Public Law 103-405 [Small Business Administration 
 Reauthorization and Amendments Act of 1994; S. 2060], 108 Stat. 4175, 
                       approved October 22, 1994

          * * * * * * *
    Sec. 25.\1\ (a) There is hereby established a Central 
European Small Business Enterprise Development Commission 
(hereinafter in this section referred to as the 
``Commission''). The Commission shall be comprised of a 
representative of each of the following: the Small Business 
Administration, the Association of American Universities, and 
the Association of Small Business Development Centers.
---------------------------------------------------------------------------
    \1\15 U.S.C. 652.
---------------------------------------------------------------------------
  (b) The Commission shall develop in Czechoslovakia, Poland 
and Hungary (hereinafter referred to as ``designated Central 
European countries'') a self-sustaining system to provide 
management and technical assistance to small business owners.
          (1) Not later than 90 days after the effective date 
        of this section, the Commission, in consultation with 
        the Agency for International Development, shall enter a 
        contract with one or more entities to--
                  (A) determine the needs of small businesses 
                in the designated Central European countries 
                for management and technical assistance;
                  (B) evaluate appropriate Small Business 
                Development Center-programs which might be 
                replicated in order to meet the needs of each 
                of such countries; and
                  (C) identify and assess the capability of 
                educational institutions in each such country 
                to develop a Small Business Development Center 
                type program.
          (2) Not later than 18 months after the effective date 
        of this section, the Commission shall review the 
        recommendations submitted to it and shall formulate and 
        contract for the establishment of a three-year 
        management and technical assistance demonstration 
        program.
  (c) In order to be eligible to participate, the educational 
institution in each designated Central European country shall--
          (1) obtain the prior approval of the government to 
        conduct the program;
          (2) agree to provide partial financial support for 
        the program, either directly or indirectly, during the 
        second and third years of the demonstration program; 
        and
          (3) agree to obtain private sector involvement in the 
        delivery of assistance under the program.
  (d) The Commission shall meet and organize not later than 30 
days after the date of enactment of this section.
  (e) Members of the Commission shall serve without pay, except 
they shall be entitled to reimbursement for travel, 
subsistence, and other necessary expenses incurred by them in 
carrying out their functions in the same manner as persons 
employed intermittently in the Federal Government are allowed 
expenses under section 5703 of title 5, United States Code.
  (f) Two Commissioners shall constitute a quorum for the 
transaction of business. Meetings shall be at the call of the 
Chairperson who shall be elected by the Members of the 
Commission.
  (g) The Commission shall not have any authority to appoint 
staff, but upon request of the Chairperson, the head of any 
Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of such department or agency to the 
Commission to assist in carrying out the Commission's functions 
under this section without regard to section 3341 of title 5 of 
the United States Code. The Administrator of the General 
Services Administration shall provide, on a reimbursable basis, 
such administrative support services as the Commission may 
request.
  (h) The Commission shall report to Congress not later than 
December 1, 1991, and annually thereafter, on the progress in 
carrying out the provisions of this section.
  (i) There are hereby authorized to be appropriated to the 
Small Business Administration the sum of $3,000,000 for fiscal 
year 1991, $5,000,000 for fiscal year 1992, $2,000,000 for each 
of fiscal years 1993 and 1994, and $1,000,000 for fiscal year 
1995\2\ to carry out the provisions of this section. Such sums 
shall be disbursed by the Small Business Administration as 
requested by the Commission and may remain available until 
expended. Any authority to enter contracts or other spending 
authority provided for in this section is subject to amounts 
provided for in advance in appropriations Acts.
---------------------------------------------------------------------------
    \2\Sec. 9(b) of the Small Business Guaranteed Credit Enhancement 
Act of 1993 (Public Law 103-81; 107 Stat. 783) struck ``$8,000,000 for 
fiscal year 1993'' and inserted in lieu thereof ``$2,000,000 for each 
of fiscal years 1993 and 1994''. Subsequently, sec. 405 of the Small 
Business Reauthorization and Amendments Act of 1994 (Public Law 103-
403; 108 Stat. 4192) struck out ``and $2,000,000 for each of fiscal 
years 1993 and 1994'' and inserted in lieu thereof ``, $2,000,000 for 
each of fiscal years 1993 and 1994, and $1,000,000 for fiscal year 
1995''.
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          * * * * * * *

        (12) Support for East European Democracy (SEED) Program

Executive Order 12703, February 20, 1990, 55 F.R. 6351, 22 U.S.C. 5401 
                                  note

    By the authority vested in me as President by the 
Constitution and laws of the United States of America, 
including the Support for East European Democracy (SEED) Act 
(P.L. 101-179, hereinafter referred to as the ``Act'') and 
section 301 of Title 3 of the United States Code, it is hereby 
ordered as follows:
    Section 1. SEED Program Coordinator. The functions 
conferred by Title VII of the Act relating to reports to the 
Congress are hereby delegated to the Coordinator of the SEED 
Program. The Coordinator is authorized to assign responsibility 
for particular aspects of the reports to appropriate agencies.
    Sec. 2. United States Agency for International Development. 
The functions conferred upon the President by section 201 of 
the Act relating to Enterprise Funds for Poland and Hungary are 
hereby delegated to the Administrator of the United States 
Agency for International Development. The Administrator shall 
consult, as appropriate, with other relevant agencies in 
exercising the functions herein delegated.
    Sec. 3. Department of Commerce. The functions conferred 
upon the President by section 602 of the Act regarding the 
establishment of a SEED Information Center System in 
cooperation with the Governments of Poland and Hungary are 
hereby delegated to the Secretary of Commerce. This authority 
is to be exercised in consultation with the SEED Program 
Coordinator and in consultation with other agencies as 
appropriate.
    Sec. 4. Department of the Treasury. The functions conferred 
upon the President by section 104 of the Act regarding debt 
reduction of certain East European countries are hereby 
delegated to the Secretary of the Treasury. The Secretary shall 
consult, as appropriate, with other relevant agencies in 
exercising the functions herein delegated.

(13) Delegation of Functions Under the FREEDOM Support Act and Related 
  Provisions of the Foreign Operations, Export Financing, and Related 
                      Programs Appropriations Act

  Executive Order 12884 of December 1, 1993; 58 F.R. 64099; 22 U.S.C. 
 5812 note; amended by Executive Order 13030 of December 12, 1996, 61 
                               F.R. 66187

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the FREEDOM Support Act (Public Law 102-511) (the 
``Act''), the Foreign Assistance Act of 1961, as amended (the 
``Foreign Assistance Act''), the Foreign Operations, Export 
Financing and Related Programs Appropriations Act, 1993 (Public 
Law 102-391), and section 301 of title 3, United States Code, 
it is hereby ordered as follows:
    Section 1. Secretary of State. (a) There are delegated to 
the Secretary of State the functions conferred upon the 
President by:
          (1) section 907 of the Act;
          (2) paragraphs (1), (2), (3), and (5)\1\ of section 
        498A(b) of the Foreign Assistance Act;
---------------------------------------------------------------------------
    \1\Sec. 3 of Executive Order 13030, December 12, 1996 (61 F.R. 
66187), added reference to para. (5).
---------------------------------------------------------------------------
          (3) paragraph (1) of section 498A(C) of the Foreign 
        Assistance Act and the requirement to make reports 
        under that section regarding determinations under that 
        paragraph; and
          (4) section 599B of Public Law 102-391.
    (b) The Secretary of State may at any time exercise any 
function delegated to the Coordinator under this order or 
otherwise assigned to the Coordinator.
    Sec. 2. Coordinator. There are delegated to the Coordinator 
designated in accordance with section 102 of the Act the 
functions conferred upon the President by:
    (a) section 104 of the Act, and the Coordinator is 
authorized to assign responsibility for particular aspects of 
the reports described in that section to the heads of 
appropriate agencies;
    (b) section 301 of the Act, insofar as it relates to 
determinations and directives;
    (c) section 498A(a), section 498B(c), and section 498B(g) 
of the Foreign Assistance Act; and
    (d) paragraph (2) of section 498A(c) of the Foreign 
Assistance Act and the requirement to make reports under that 
section regarding determinations under that paragraph.
    Sec. 3. International Development Cooperation Agency. There 
are delegated to the United States International Development 
Cooperation the functions conferred upon the President by:
    (a) sections 301(a) and 307 of the Act, except insofar as 
provided otherwise in section 2(b) of this order;
    (b) section 498 and section 498C(b)(2) of the Foreign 
Assistance Act;
    (c) paragraph (3) of section 498A(c) of the Foreign 
Assistance Act and the requirement to make reports under that 
section regarding determinations under that paragraph;
    (d) subsection (d) under the heading ``Assistance for the 
New Independent States of the Former Soviet Union'' contained 
in Title II of Public Law 102-391; and
    (e) section 592 of Public Law 102-391, except to the extent 
otherwise provided in section 5(b) of this order.
    Sec. 4. Secretary of Agriculture. There are delegated to 
the Secretary of Agriculture the functions conferred upon the 
President by section 807(d) of the Act.
    Sec. 5. Other Agencies. The functions conferred upon the 
President by:
    (a) sections 498B(h) and 498B(i) of the Foreign Assistance 
Act are delegated to the head of the agency that is responsible 
for administering the particular program or activity with 
respect to which the authority is to be exercised; and
    (b) the third proviso in section 592 of Public Law 102-391 
are delegated to the head of each agency that is responsible 
for administering relevant programs or activities.
    Sec. 6. General. (a) The functions described in sections 3, 
4, and 5 of this order shall be exercised subject to the 
authority of the Coordinator under section 102(a) of the Act or 
otherwise.
    (b) As used in this order, the word ``function'' includes 
any duty, obligations, power, authority, responsibility, right, 
privilege, discretion, or activity.
    (c) Functions delegated under this order shall be construed 
as excluded from the functions delegated under section 1-102(a) 
of Executive Order No. 12161, as amended.
    (d) Any officer to whom functions are delegated or 
otherwise assigned under this order may, to the extent 
consistent with law, redelegate such functions and authorize 
their successive redelegation.

                        c. Assistance to Africa

              (1) Prohibition on Assistance to Mauritania

 Partial text of Public Law 104-319 [Human Rights, Refugee, and Other 
Foreign Relations Provisions Act of 1996; H.R. 4036], 110 Stat. 3864 at 
                    3866, approved October 19, 1996

   AN ACT Making certain provisions with respect to internationally 
       recognized human rights, refugees, and foreign relations.

    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 ``Human Rights, Refugee, and 
Other Foreign Relations Provisions Act of 1996''.
---------------------------------------------------------------------------
    \1\22 U.S.C. 2151 note. For foreign relations provisions of Public 
Law 104-319, see Legislation on Foreign Relations Through 1997, vol. 
II.
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          * * * * * * *

                TITLE II--FOREIGN ASSISTANCE PROVISIONS

SEC. 201.\2\ HUMAN RIGHTS REPORTS. * * *
---------------------------------------------------------------------------

    \2\Sec. 201 amended the Foreign Assistance Act of 1961 at sec. 
116(d) (22 U.S.C. 2151n(d)) and at sec. 502B(b) (22 U.S.C. 2304(b)). 
See Legislation on Foreign Relations Through 1997, vol. I-A.
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SEC. 202.\3\ ASSISTANCE FOR MAURITANIA.

    (a) Prohibition.--The President should not provide economic 
assistance, military assistance or arms transfers to the 
Government of Mauritania unless the President certifies to the 
Congress that such Government has taken appropriate action to 
eliminate chattel slavery in Mauritania, including--
---------------------------------------------------------------------------
    \3\22 U.S.C. 2151 note.
---------------------------------------------------------------------------
          (1) the enactment of anti-slavery laws that provide 
        appropriate punishment for violators of such laws; and
          (2) the rigorous enforcement of such laws.
    (b) Definitions.--For purposes of this section, the 
following definitions apply:
          (1) Economic assistance.--The term ``economic 
        assistance'' means any assistance under part I of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
        seq.), except that such term does not include 
        humanitarian assistance.
          (2) Military assistance or arms transfers.--The term 
        ``military assistance or arms transfers'' means--
                  (A) assistance under chapter 2 of part II of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 
                2311 et seq.; relating to military assistance), 
                including the transfer of excess defense 
                articles under sections 516 through 519 of that 
                Act (22 U.S.C. 2321j through 2321m);
                  (B) assistance under chapter 5 of part II of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 
                2347 et seq.; relating to international 
                military education and training);
                  (C) assistance under the ``Foreign Military 
                Financing Program'' under section 23 of the 
                Arms Export Control Act (22 U.S.C. 2763); or
                  (D) the transfer of defense articles, defense 
                services, or design and construction services 
                under the Arms Export Control Act (22 U.S.C. 
                2751 et seq.), including defense articles and 
                defense services licensed or approved for 
                export under section 38 of that Act (22 U.S.C. 
                2778).
          * * * * * * *
                  (2) African Conflict Resolution Act

Public Law 103-381 [S. 2475], 108 Stat. 3513, approved October 19, 1995

 AN ACT To authorize assistance to promote the peaceful resolution of 
                          conflicts in Africa.

    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 ``African Conflict Resolution 
Act''.
---------------------------------------------------------------------------
    \1\22 U.S.C. 2151 note.
---------------------------------------------------------------------------

SEC. 2.\1\ FINDINGS AND STATEMENT OF POLICY.

    (a) Findings.--The Congress makes the following findings:
          (1) It is in the national interest of the United 
        States to help build African capability in conflict 
        resolution. A relatively small investment of assistance 
        in promoting African conflict resolution--
                  (A) would reduce the enormous human suffering 
                which is caused by wars in Africa;
                  (B) would help the United States avoid huge 
                future expenditures necessitated by Somalia-
                like humanitarian disasters; and
                  (C) would reduce the need for United Nations 
                intervention as African institutions develop 
                the ability to resolve African conflicts.
          (2) Africa, to a greater extent than any other 
        continent, is afflicted by war. Africa has been marred 
        by more than 20 major civil wars since 1960. Rwanda, 
        Somalia, Angola, Sudan, Liberia, and Burundi are among 
        those countries that have recently suffered serious 
        armed conflict.
          (3) In the last decade alone, between 2,000,000 and 
        4,000,000 Africans have died because of war. There were 
        5,200,000 refugees and 13,100,000 displaced people in 
        Africa in 1993.
          (4) Millions more Africans are currently at risk of 
        war-related death. Looming or ongoing conflicts in 
        Zaire, Angola, Sudan, Rwanda, and other countries 
        threaten Africa's future.
          (5) War has caused untold economic and social damage 
        to the countries of Africa. Food production is 
        impossible in conflict areas, and famine often results. 
        Widespread conflict has condemned many of Africa's 
        children to lives of misery and, in certain cases, has 
        threatened the existence of traditional African 
        cultures.
          (6) Conflict and instability in Africa, particularly 
        in large, potentially rich countries such as Angola, 
        Sudan, and Zaire, deprive the global economy of 
        resources and opportunities for trade and investment. 
        Peace in these countries could make a significant 
        contribution to global economic growth, while creating 
        new opportunities for United States businesses.
          (7) Excessive military expenditures threaten 
        political and economic stability in Africa while 
        diverting scarce resources from development needs. 
        Demobilization and other measures to reduce the size of 
        African armies, and civilian control of the military 
        under the rule of law are in the interest of 
        international security and economic development.
          (8) Conflict prevention, mediation, and 
        demobilization are prerequisites to the success of 
        development assistance programs. Nutrition and 
        education programs, for example, cannot succeed in a 
        nation at war. Billions of dollars of development 
        assistance have been virtually wasted in war-ravaged 
        countries such as Liberia, Somalia, and Sudan.
          (9) Africans have a long tradition of informal 
        mediation. This tradition should be built upon to 
        create effective institutions through which Africans 
        can resolve African conflicts.
          (10) The effectiveness of U.S. support for conflict 
        resolution programs requires coordination and 
        collaboration with multilateral institutions and other 
        bilateral donors.
          (11) African institutions are playing an active role 
        in conflict resolution and mediation utilizing the 
        experience of elder statesmen. Groups such as the All 
        African Council of Churches have assisted in defusing 
        conflicts. The Economic Community of West African 
        States (ECOWAS) has sought to address the conflict in 
        Liberia by deploying an African peacekeeping force. The 
        Southern African states have been working to prevent a 
        crisis in Lesotho. The Intergovernmental Authority on 
        Desertification and Drought (IGADD) has been engaged in 
        attempting to resolve the conflict in Sudan.
          (12) The Organization of African Unity, under the 
        leadership of Secretary General Salim Salim, has 
        established a conflict resolution mechanism and has 
        been active in mediation and conflict resolution in 
        several African countries.
    (b) United States Policy.--The Congress declares, 
therefore, that a key goal for United States foreign policy 
should be to help institutionalize conflict resolution 
capability in Africa.

SEC. 3.\1\ IMPROVING THE CONFLICT RESOLUTION CAPABILITIES OF THE 
                    ORGANIZATION OF AFRICAN UNITY.

    (a) Authorization of Assistance.--The President is 
authorized to provide assistance to strengthen the conflict 
resolution capability of the Organization of African Unity, as 
follows:
          (1) Funds may be provided to the Organization of 
        African Unity for use in supporting its conflict 
        resolution capability, including providing technical 
        assistance.
          (2) Funds may be used for expenses of sending 
        individuals with expertise in conflict resolution to 
        work with the Organization of African Unity.
    (b) Funding.--Of the foreign assistance funds that are 
allocated for sub-Saharan Africa, not less than $1,500,000 for 
each of the fiscal years 1995 through 1998 should be used to 
carry out subsection (a).

SEC. 4.\1\ IMPROVING CONFLICT RESOLUTION CAPABILITIES OF MULTILATERAL 
                    SUBREGIONAL ORGANIZATIONS IN AFRICA.

    (a) Authorization of Assistance.--The President is 
authorized to provide assistance to strengthen the conflict 
resolution capabilities of subregional organizations 
established by countries in sub-Saharan Africa, as follows:
          (1) Funds may be provided to such organizations for 
        use in supporting their conflict resolution capability, 
        including providing technical assistance.
          (2) Funds may be used for the expenses of sending 
        individuals with expertise in conflict resolution to 
        work with such organizations.
    (b) Funding.--Of the foreign assistance funds that are 
allocated for sub-Saharan Africa, such sums as may be necessary 
for each of the fiscal years 1995 through 1998 may be used to 
carry out subsection (a).

SEC. 5.\1\ IMPROVING CONFLICT RESOLUTION CAPABILITIES OF NON-
                    GOVERNMENTAL ORGANIZATIONS.

    (a) Authorization of Assistance.--The President is 
authorized to provide assistance to nongovernmental 
organizations that are engaged in mediation and reconciliation 
efforts in sub-Saharan Africa.
    (b) Funding.--Of the foreign assistance funds that are 
allocated for sub-Saharan Africa, such sums as may be necessary 
for each of the fiscal years 1995 and 1996 should be used to 
carry out subsection (a).

SEC. 6.\1\ AFRICAN DEMOBILIZATION AND RETRAINING PROGRAM.

    (a) Authorization of Assistance.--In order to facilitate 
reductions in the size of the armed forces of countries of sub-
Saharan Africa, the President is authorized to--
          (1) provide assistance for the encampment and related 
        activities for the purpose of demobilization of such 
        forces; and
          (2) provide assistance for the reintegration of 
        demobilized military personnel into civilian society 
        through activities such as retraining for civilian 
        occupations, creation of income-generating 
        opportunities, their reintegration into agricultural 
        activities, and the transportation to the home areas of 
        such personnel.
    (b) Funding.--Of the foreign assistance funds that are 
allocated for sub-Saharan Africa, $25,000,000 for each of the 
fiscal years 1995 and 1996 should be used for the assistance 
described in subsection (a), if conditions permit.
    (c) Civilian Involvement.--The President is also authorized 
to promote civilian involvement in the planning and 
organization of demobilization and reintegration activities.

SEC. 7.\1\ TRAINING FOR AFRICANS IN CONFLICT RESOLUTION AND 
                    PEACEKEEPING.

    (a) Authorization.--The President is authorized to 
establish a program to provide education and training in 
conflict resolution and peacekeeping for civilian and military 
personnel of countries in sub-Saharan Africa.
    (b) Funding.--Of the funds made available under chapter 5 
of part II of the Foreign Assistance Act of 1961, such sums as 
may be necessary for each of the fiscal years 1995 and 1996 
should be used for the purposes of subsection (a).

SEC. 8.\1\,\2\ PLAN FOR UNITED STATES SUPPORT FOR CONFLICT 
                    RESOLUTION AND DEMOBILIZATION IN SUB-SAHARAN 
                    AFRICA.

    (a) In General.--Pursuant to the provisions of sections 3 
through 7, the President should develop an integrated long-term 
plan, which incorporates local perspectives, to provide support 
for the enhancement of conflict resolution capabilities and 
demobilization activities in sub-Saharan Africa.
---------------------------------------------------------------------------
    \2\Authorities vested in the President in secs. 8 and 9 were 
delegated to the Administrator of the Agency for International 
Development, in a Presidential memorandum of June 6, 1995 (60 F.R. 
30771).
---------------------------------------------------------------------------
    (b) Contents of Plan.--Such plan should include:
          (1) The type, purpose, amount, and duration of 
        assistance that is planned to be provided to conflict 
        resolution units in sub-Saharan Africa.
          (2) The type and amount of assistance that is planned 
        to be provided for the demobilization of military 
        personnel of countries of sub-Saharan Africa, 
        including--
                  (A) a list of which countries will receive 
                such assistance and an explanation of why such 
                countries were chosen for such assistance; and
                  (B) a list of other countries and 
                international organizations that are providing 
                assistance for such demobilization.
          (3) The type and amount of assistance that is planned 
        to be provided to nongovernmental organizations that 
        are engaged in mediation and reconciliation efforts in 
        sub-Saharan Africa.
          (4) A description of proposed training programs for 
        Africans in conflict resolution and peacekeeping under 
        section 7, including a list of prospective participants 
        and plans to expand such programs.
          (5) The mechanisms to be used to coordinate 
        interagency efforts to administer the plan.
          (6) Efforts to seek the participation of other 
        countries and international organizations to achieve 
        the objectives of the plan.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to the 
appropriate congressional committees a report containing a 
description of the plan developed under this section.

SEC. 9.\1\,\2\ REPORTING REQUIREMENT.

    (a) Requirement.--The President shall submit to the 
appropriate congressional committees a report describing the 
efforts and progress made in carrying out the provisions of 
this Act.
    (b) Date of Submission.--The first report submitted under 
subsection (a) shall be submitted no later than 180 days after 
the date of the enactment of this Act, and shall be submitted 
annually thereafter.

SEC. 10.\1\ CONSULTATION REQUIREMENT.

    The President shall consult with the appropriate 
congressional committees prior to providing assistance under 
sections 3 through 7.

SEC. 11.\1\ APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    For purposes of this Act, the term ``appropriate 
congressional committees'' means the Committee on Foreign 
Affairs\3\ and the Committee on Appropriations of the House of 
Representatives and the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate.
---------------------------------------------------------------------------
    \3\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.
      (3) South African Democratic Transition Support Act of 1993

 Public Law 103-149 [H.R. 3225], 107 Stat. 1503, approved November 23, 
                                  1993

   AN ACT To support the transition to nonracial democracy in South 
                                Africa.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``South African Democratic 
Transition Support Act of 1993''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
          (1) After decades of apartheid, South Africa has 
        entered a new era which presents a historic opportunity 
        for a transition to a peaceful, stable, and democratic 
        future.
          (2) The United States policy of economic sanctions 
        toward the apartheid government of South Africa, as 
        expressed in the Comprehensive Anti-Apartheid Act of 
        1986, helped bring about reforms in that system of 
        government and has facilitated the establishment of a 
        nonracial government.
          (3) Through broad and open negotiations, the parties 
        in South Africa have reached a landmark agreement on 
        the future of their country. This agreement includes 
        the establishment of a Transitional Executive Council 
        and the setting of a date for nonracial elections.
          (4) The international community has a vital interest 
        in supporting the transition from apartheid toward 
        nonracial democracy.
          (5) The success of the transition in South Africa is 
        crucial to the stability and economic development of 
        the southern African region.
          (6) Nelson Mandela of the African National Congress 
        and other representative leaders in South Africa have 
        declared that the time has come when the international 
        community should lift all economic sanctions against 
        South Africa.
          (7) In light of recent developments, the continuation 
        of these economic sanctions is detrimental to persons 
        disadvantaged by apartheid.
          (8) Those calling for the lifting of economic 
        sanctions against South Africa have made clear that 
        they do not seek the immediate termination of the 
        United Nations-sponsored special sanctions relating to 
        arms transfers, nuclear cooperation, and exports of 
        oil. The Ad Hoc Committee on Southern Africa of the 
        Organization of African Unity, for example, has urged 
        that the oil embargo established pursuant to a 1986 
        General Assembly resolution be lifted after the 
        establishment and commencement of the work of the 
        Transitional Executive Council.

SEC. 3. UNITED STATES POLICY.

    It is the sense of the Congress that--
          (1) the United States should--
                  (A) strongly support the Transitional 
                Executive Council in South Africa,
                  (B) encourage rapid progress toward the 
                establishment of a nonracial democratic 
                government in South Africa, and
                  (C) support a consolidation of democracy in 
                South Africa through democratic elections for 
                an interim government and a new nonracial 
                constitution;
          (2) the United States should continue to provide 
        assistance to support the transition to a nonracial 
        democracy in South Africa, and should urge 
        international financial institutions and other donors 
        to also provide such assistance;
          (3) to the maximum extent practicable, the United 
        States should consult closely with international 
        financial institutions, other donors, and South African 
        entities on a coordinated strategy to support the 
        transition to a nonracial democracy in South Africa;
          (4) in order to provide ownership and managerial 
        opportunities, professional advancement, training, and 
        employment for disadvantaged South Africans and to 
        respond to the historical inequities created under 
        apartheid, the United States should--
                  (A) promote the expansion of private 
                enterprise and free markets in South Africa,
                  (B) encourage the South African private 
                sector to take a special responsibility and 
                interest in providing such opportunities, 
                advancement, training, and employment for 
                disadvantaged South Africans,
                  (C) encourage United States private sector 
                investment in and trade with South Africa,
                  (D) urge United States investors to develop a 
                working partnership with representative organs 
                of South African civil society, particularly 
                churches and trade unions, in promoting 
                responsible codes of corporate conduct and 
                other measures to address the historical 
                inequities created under apartheid;
          (5) the United States should urge the Government of 
        South Africa to liberalize its trade and investment 
        policies to facilitate the expansion of the economy, 
        and to shift resources to meet the needs of 
        disadvantaged South Africans;
          (6) the United States should promote cooperation 
        between South Africa and other countries in the region 
        to foster regional stability and economic growth; and
          (7) the United States should demonstrate its support 
        for an expedited transition to, and should adopt a long 
        term policy beneficial to the establishment and 
        perpetuation of, a nonracial democracy in South Africa.

SEC. 4. REPEAL OF APARTHEID SANCTIONS LAWS AND OTHER MEASURES DIRECTED 
                    AT SOUTH AFRICA.

    (a) Comprehensive Anti-Apartheid Act.--* * *
    (b) Other Provisions.--* * *
    (c) Sanctions Measures Adopted by State or Local 
Governments or Private Entities.--
          (1) Policy regarding rescission.--The Congress urges 
        all State or local governments and all private entities 
        in the United States that have adopted any restriction 
        on economic interactions with South Africa, or any 
        policy discouraging such interaction, to rescind such 
        restriction or policy.
          (2) Repeal of provisions relating to withholding 
        federal funds.--Effective October 1, 1995, the 
        following provisions are repealed:
                  (A) The undesignated paragraph entitled 
                ``state and local anti-apartheid policies'' in 
                chapter IX of the Dire Emergency Supplemental 
                Appropriations and Transfers, Urgent 
                Supplementals, and Correcting Enrollment Errors 
                Act of 1989 (22 U.S.C. 5117).
                  (B) Section 210 of the Urgent Supplemental 
                Appropriations Act, 1986 (100 Stat. 749).
    (d) Continuation of UN Special Sanctions.--It is the sense 
of the Congress that the United States should continue to 
respect United Nations Security Council resolutions on South 
Africa, including the resolution providing for a mandatory 
embargo on arms sales to South Africa and the resolutions 
relating to the import of arms, restricting exports to the 
South African military and police, and urging states to refrain 
from nuclear cooperation that would contribute to the 
manufacture and development by South Africa of nuclear weapons 
or nuclear devices.

SEC. 5. UNITED STATES ASSISTANCE FOR THE TRANSITION TO A NONRACIAL 
                    DEMOCRACY.

    (a) In General.--The President is authorized and encouraged 
to provide assistance under chapter 10 of part I of the Foreign 
Assistance Act of 1961 (relating to the Development Fund for 
Africa) or chapter 4 of part II of that Act (relating to the 
Economic Support Fund) to support the transition to nonracial 
democracy in South Africa. Such assistance shall--
          (1) focus on building the capacity of disadvantaged 
        South Africans to take their rightful place in the 
        political, social, and economic systems of their 
        country;
          (2) give priority to working with and through South 
        African nongovernmental organizations whose leadership 
        and staff represent the majority population and which 
        have the support of the disadvantaged communities being 
        served by such organizations;
          (3) in the case of education programs--
                  (A) be used to increase the capacity of South 
                African institutions to better serve the needs 
                of individuals disadvantaged by apartheid;
                  (B) emphasize education within South Africa 
                to the extent that assistance takes the form of 
                scholarships for disadvantaged South African 
                students; and
                  (C) fund nontraditional training activities;
          (4) support activities to prepare South Africa for 
        elections, including voter and civic education 
        programs, political party building, and technical 
        electoral assistance;
          (5) support activities and entities, such as the 
        Peace Accord structures, which are working to end the 
        violence in South Africa; and
          (6) support activities to promote human rights, 
        democratization, and a civil society.
    (b) Government of South Africa.--
          (1) Limitation on assistance.--Except as provided in 
        paragraph (2), assistance provided in accordance with 
        this section may not be made available to the 
        Government of South Africa, or organizations financed 
        and substantially controlled by that government, unless 
        the President certifies to the Congress that an interim 
        government that was elected on a nonracial basis 
        through free and fair elections has taken office in 
        South Africa.
          (2) Exceptions.--Notwithstanding paragraph (1), 
        assistance may be provided for--
                  (A) the Transitional Executive Council;
                  (B) South African higher education 
                institutions, particularly those traditionally 
                disadvantaged by apartheid policies; and
                  (C) any other organization, entity, or 
                activity if the President determines that the 
                assistance would promote the transition to 
                nonracial democracy in South Africa.
        Any determination under subparagraph (C) should be 
        based on consultations with South African individuals 
        and organizations representative of the majority 
        population in South Africa (particularly consultations 
        through the Transitional Executive Council) and 
        consultations with the appropriate congressional 
        committees.
    (c) Ineligible Organizations.--
          (1) Acts of violence.--An organization that has 
        engaged in armed struggle or other acts of violence 
        shall not be eligible for assistance provided in 
        accordance with this section unless that organization 
        is committed to a suspension of violence in the context 
        of progress toward nonracial democracy.
          (2) Views inconsistent with democracy and free 
        enterprise.--Assistance provided in accordance with 
        this section may not be made available to any 
        organization that has espoused views inconsistent with 
        democracy and free enterprise unless such organization 
        is engaged actively and positively in the process of 
        transition to a nonracial democracy and such assistance 
        would advance the United States objective of promoting 
        democracy and free enterprise in South Africa.

SEC. 6. UNITED STATES INVESTMENT AND TRADE.

    (a) Tax Treaty.--The President should begin immediately to 
negotiate a tax treaty with South Africa to facilitate United 
States investment in that country.
    (b) OPIC.--The President should immediately initiate 
negotiations with the Government of South Africa for an 
agreement authorizing the Overseas Private Investment 
Corporation to carry out programs with respect to South Africa 
in order to expand United States investment in that country.
    (c) Trade and Development Agency.--In carrying out section 
661 of the Foreign Assistance Act of 1961, the Director of the 
Trade and Development Agency should provide additional funds 
for activities related to projects in South Africa.
    (d) Export-Import Bank.--The Export-Import Bank of the 
United States should expand its activities in connection with 
exports to South Africa.
    (e) Promoting Disadvantaged Enterprises.--
          (1) Investment and trade programs.--Each of the 
        agencies referred to in subsections (b) through (d) 
        should take active steps to encourage the use of its 
        programs to promote business enterprises in South 
        Africa that are majority-owned by South Africans 
        disadvantaged by apartheid.
          (2) United states government procurement.--To the 
        extent not inconsistent with the obligations of the 
        United States under any international agreement, the 
        Secretary of State and the head of any other department 
        or agency of the United States carrying out activities 
        in South Africa shall, to the maximum extent 
        practicable, in procuring goods or services, make 
        affirmative efforts to assist business enterprises 
        having more than 50 percent beneficial ownership by 
        South African blacks or other nonwhite South Africans, 
        notwithstanding any law relating to the making or 
        performance of, or the expenditure of funds for, United 
        States Government contracts.

SEC. 7. INFORMATION AND EDUCATIONAL EXCHANGE PROGRAMS.

    The Director of the United States Information Agency should 
use the authorities of the United States Information and 
Educational Exchange Act of 1948 to promote the development of 
a nonracial democracy in South Africa.

SEC. 8. OTHER COOPERATIVE AGREEMENTS.

    In addition to the actions specified in the preceding 
sections of this Act, the President should seek to conclude 
cooperative agreements with South Africa on a range of issues, 
including cultural and scientific issues.

SEC. 9. INTERNATIONAL FINANCIAL INSTITUTIONS AND OTHER DONORS.

    (a) In General.--The President should encourage other 
donors, particularly Japan and the European Community 
countries, to expand their activities in support of the 
transition to nonracial democracy in South Africa.
    (b) International Financial Institutions.--The Secretary of 
the Treasury should instruct the United States Executive 
Director of each relevant international financial institution, 
including the International Bank for Reconstruction and 
Development and the International Development Association, to 
urge that institution to initiate or expand its lending and 
other financial assistance activities to South Africa in order 
to support the transition to nonracial democracy in South 
Africa.
    (c) Technical Assistance.--The Secretary of the Treasury 
should instruct the United States Executive Director of each 
relevant international financial institution to urge that 
institution to fund programs to initiate or expand technical 
assistance to South Africa for the purpose of training the 
people of South Africa in government management techniques.

SEC. 10. CONSULTATION WITH SOUTH AFRICANS.

    In carrying out this Act, the President should consult 
closely with South African individuals and organizations 
representative of the majority population in South Africa 
(particularly consultations through the Transitional Executive 
Council) and others committed to abolishing the remnants of 
apartheid.
           (4) Horn of Africa Recovery and Food Security Act

  Public Law 102-274 [S. 985], 106 Stat. 115, approved April 21, 1992

AN ACT To assure the people of the Horn of Africa the right to food and 
     the other basic necessities of life and to promote peace and 
                       development in the region.

    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 ``Horn of Africa Recovery and 
Food Security Act''.
---------------------------------------------------------------------------
    \1\22 U.S.C. 2151 note.
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SEC. 2.\1\ FINDINGS.

    The Congress makes the following findings:
          (1) The Horn of Africa (the region comprised of 
        Ethiopia, Somalia, Sudan, and Djibouti) is 
        characterized by an extraordinary degree of food 
        insecurity as a result of war, famine, mounting debt, 
        recurrent drought, poverty, and agricultural 
        disruption, as well as gross violations of human 
        rights, political repression, environmental 
        destruction, and the breakdown of such essential 
        services as primary education and health care.
          (2) Internal conflict and famine have killed an 
        estimated 2,000,000 people in Ethiopia, Sudan, and 
        Somalia since 1985, and generated another 8,000,000 
        displaced persons and refugees, a number so high as to 
        make millions wards of the United Nations and the 
        international community. Relief officials now estimate 
        that another 15,000,000 to 20,000,000 people are 
        threatened by starvation as civil war and drought 
        continue to ravage the area.
          (3) Governments and armed opposition groups in 
        Ethiopia, Sudan, and Somalia have been guilty of gross 
        violations of human rights, which further erode food 
        security in those countries.
          (4) Assistance policies have failed in large part 
        because of political and economic insecurity, which 
        have prevented the development of programs to achieve 
        sustainable development and programs to achieve food 
        security.
          (5) Appropriate assistance should promote real food 
        security, which means access by all people at all times 
        to enough food for an active and healthy life and the 
        availability of sufficient income and food to prevent 
        chronic dependency upon food assistance.
          (6) The end of the Cold War rivalries in the Horn of 
        Africa affords the United States the opportunity to 
        develop a policy which addresses the extraordinary food 
        security problem in the region.
          (7) Notwithstanding other pressing needs, the United 
        States must accordingly fashion a new foreign policy 
        toward the Horn of Africa and cooperate with other 
        major donors and the United Nations--
                  (A) to develop an emergency relief plan which 
                meets the immediate basic human needs that 
                arise as long as civil strife and famine 
                afflict the region;
                  (B) to promote immediately cease-fires, 
                secure relief corridors, and an end to these 
                conflicts; and
                  (C) to provide creative developmental 
                assistance which attacks the root causes of 
                famine and war and assists these nations on the 
                path to long-term security, reconstruction, 
                voluntary repatriation, economic recovery, 
                democracy, and peace, and which targets 
                assistance to assist the poor majority more 
                effectively.

SEC. 3.\1\ STATEMENT OF POLICY REGARDING INDIVIDUAL COUNTRIES.

    (a) Ethiopia.--It is the sense of the Congress that the 
President should--
          (1) call upon the authorities who now exercise 
        control over the central government in Ethiopia to 
        protect the basic human rights of all citizens, to 
        release from detention all political prisoners and 
        other detainees who were apprehended by the Mengistu 
        regime, and to facilitate the distribution of 
        international relief and emergency humanitarian 
        assistance throughout the country;
          (2) urge all authorities in Ethiopia to make good 
        faith efforts to--
                  (A) make permanent the cease-fire now in 
                place and to permit the restoration of 
                tranquility in the country, and (B) make 
                arrangements for a transitional government that 
                is broadly-based, that accommodates all 
                appropriate points of view, that respects human 
                rights, and that is committed to a process of 
                reform leading to the writing of a constitution 
                and the establishment of representative 
                government; and
          (3) support efforts to ensure that the people of 
        Eritrea are able to exercise their legitimate political 
        rights, consistent with international law, including 
        the right to participate actively in the determination 
        of their political future, and call upon the 
        authorities in Eritrea to keep open the ports of 
        Mitsiwa and Aseb and to continue to permit the use of 
        those ports for the delivery and distribution of 
        humanitarian assistance to Eritrea and to Ethiopia as a 
        whole.
    (b)\2\ Somalia.--It is the sense of the Congress that the 
President should--
---------------------------------------------------------------------------
    \2\Two concurrent resolutions were considered and agreed to in the 
102d Congress to reenforce this sense of the Congress. S. Con. Res. 
132, agreed to in the Senate on August 3, 1992, and in the House on 
August 10, 1992, resolved:
    ``That the Congress--
---------------------------------------------------------------------------

          ``(1) condemns in the strongest possible terms the senseless 
        and wanton destruction wrought by the political factions in 
        Somalia;
          ``(2) strongly urges these factions to abide by the United 
        Nations ceasefire and to allow the deployment of security 
        forces to protect humanitarian relief deliveries and workers;
          ``(3) commends the dedicated and energetic efforts of United 
        Nations Secretary-General Boutros Boutros Ghali, and his 
        Special Envoy to Somalia, Ambassador Mohammed Sahnoun;
          ``(4) pays tribute to the courageous and heroic actions of 
        the relief agencies working in Somalia;
          ``(5) calls upon the international community, through the 
        United Nations, and in particular the United Nations 
        specialized agencies, to immediately expand its relief efforts 
        in Somalia;
          ``(6) recognizes with appreciation the July 27, 1992, 
        statement of the President urging the United Nations to deploy 
        a sufficient number of security guards to permit relief 
        supplies to move into and within Somalia, and committing funds 
        for such an effort; and
          ``(7) urges the President to work with the United Nations 
        Security Council to deploy these security guards immediately, 
        with or without the consent of the Somalia factions, in order 
        to assure that humanitarian relief gets to those most in need, 
        particularly the women, children and elderly of Somalia.''.
---------------------------------------------------------------------------
    H. Con. Res. 370, agreed to in the House on October 2, 1992, and in 
the Senate on October 8, 1992, resolved:
    ``That the President should--
---------------------------------------------------------------------------

          ``(1) express to the United Nations Security Council the 
        desire and the willingness of the United States to participate, 
        consistent with applicable United States legal requirements, in 
        the deployment of armed United Nations security guards, as 
        authorized by the Security Council, in order to secure 
        emergency relief activities and enable greater numbers of 
        international and Somali organizations and people to provide 
        relief and rehabilitation assistance;
          ``(2) express to the United Nations Security Council that the 
        exigency of the crisis in Somalia warrants authorization by the 
        Security Council of the deployment of United Nations security 
        guards even in the event that an invitation by the various 
        warring Somali factions cannot be obtained;
          ``(3) encourage discussion of alternative strategies for 
        solving the political crisis in Somalia;
          ``(4) support the United Nations-sponsored relief 
        coordination conference for Somalia scheduled for mid-October 
        1992; and
          ``(5) make every effort to ensure that adequate United States 
        financial support exists for the United Nations to carry out 
        its humanitarian and peacekeeping/peacemaking mission in 
        Somalia.''.
          (1) use whatever diplomatic steps he considers 
        appropriate to encourage a peaceful and democratic 
        solution to the problems in Somalia;
          (2) commit increased diplomatic resources and 
        energies to resolving the fundamental political 
        conflicts which underlie the protracted humanitarian 
        emergencies in Somalia; and
          (3) ensure, to the maximum extent possible and in 
        conjunction with other donors, that emergency 
        humanitarian assistance is being made available to 
        those in need, and that none of the beneficiaries 
        belong to military or paramilitary units.
    (c) Sudan.--It is the sense of the Congress that the 
President should--
          (1) urge the Government of Sudan and the Sudanese 
        People's Liberation Army to adopt at least a temporary 
        cessation of hostilities in order to assure the 
        delivery of emergency relief to civilians in affected 
        areas;
          (2) encourage active participation of the 
        international community to meet the emergency relief 
        needs of Sudan; and
          (3) take steps to achieve a permanent peace.

SEC. 4.\1\ HORN OF AFRICA RELIEF AND REHABILITATION PROGRAM.

    (a) Equitable Distribution of Relief and Rehabilitation 
Assistance.--It should be the policy of the United States in 
promoting equitable distribution of relief and rehabilitation 
assistance in the Horn of Africa--
          (1) to assure noncombatants (particularly refugees 
        and displaced persons) equal and ready access to all 
        food, emergency, and relief assistance and, if relief 
        or relief agreements are blocked by one faction in a 
        region, to continue supplies to the civilian population 
        located in the territory controlled by any opposing 
        faction;
          (2) to provide relief, rehabilitation, and recovery 
        assistance to promote self-reliance; and
          (3) to assure that relief is provided on the basis of 
        need without regard to political affiliation, 
        geographic location, or the ethnic, tribal, or 
        religious identity of the recipient.
    (b) Maximizing International Relief Efforts.--It should be 
the policy of the United States in seeking to maximize relief 
efforts for the Horn of Africa--
          (1) to redouble its commendable efforts to secure 
        safe corridors of passage for emergency food and relief 
        supplies in affected areas and to expand its support 
        for the growing refugee population;
          (2) to commit sufficient resources under title II of 
        the Agricultural Trade Development and Assistance Act 
        of 1954 (relating to emergency and private assistance 
        programs), and under chapter 9 of part I of the Foreign 
        Assistance Act of 1961 (relating to international 
        disaster assistance), to meet urgent needs in the 
        region and to utilize unobligated security assistance 
        to bolster these resources;
          (3) to consult with member countries of the European 
        Community, Japan, and other major donors in order to 
        increase overall relief and developmental assistance 
        for the people in the Horn of Africa;
          (4) to lend the full support of the United States to 
        all aspects of relief operations in the Horn of Africa, 
        and to work in support of United Nations and other 
        international and voluntary agencies, in breaking the 
        barriers currently threatening the lives of millions of 
        refugees and others in need; and
          (5) to urge the Secretary General of the United 
        Nations to immediately appoint United Nations field 
        coordinators for each country in the Horn of Africa who 
        can act with the Secretary General's full authority.
    (c) Horn of Africa Civil Strife and Famine Assistance.--
          (1) Authorization of assistance.--The President is 
        authorized to provide international disaster assistance 
        under chapter 9 of part I of the Foreign Assistance Act 
        of 1961 for civil strife and famine relief and 
        rehabilitation in the Horn of Africa.
          (2) Description of assistance to be provided.--
        Assistance pursuant to this subsection shall be 
        provided for humanitarian purposes and shall include--
                  (A) relief and rehabilitation projects to 
                benefit the poorest people, including--
                          (i) the furnishing of seeds for 
                        planting, fertilizer, pesticides, farm 
                        implements, crop storage and 
                        preservation supplies, farm animals, 
                        and vaccine and veterinary services to 
                        protect livestock;
                          (ii) blankets, clothing, and shelter;
                          (iii) emergency health care; and
                          (iv) emergency water and power 
                        supplies;
                  (B) emergency food assistance (primarily 
                wheat, maize, other grains, processed foods, 
                and oils) for the affected and displaced 
                civilian population of the Horn of Africa; and
                  (C) inland and ocean transportation of, and 
                storage of, emergency food assistance, 
                including the provision of trucks.
        Assistance described in subparagraphs (B) and (C) shall 
        be in addition to any such assistance provided under 
        title II of the Agricultural Trade Development and 
        Assistance Act of 1954.
          (3) Use of pvos for relief, rehabilitation, and 
        recovery projects.--Assistance under this subsection 
        should be provided, to the maximum extent possible, 
        through United States, international, and indigenous 
        private and voluntary organizations.
          (4) Management support activities.--Up to two percent 
        of the amount made available for each fiscal year under 
        paragraph (5) for use in carrying out this subsection 
        may be used by the agency primarily responsible for 
        administering part I of the Foreign Assistance Act of 
        1961 for management support activities associated with 
        the planning, monitoring, and supervision of emergency 
        humanitarian and food assistance in the Horn of Africa 
        provided under this subsection and subsection (d).
          (5) Transfer of security assistance funds.--The 
        authority of section 610 of the Foreign Assistance Act 
        of 1961 may be used to transfer for use in carrying out 
        this subsection, without regard to the 20-percent 
        increase limitation contained in that section, 
        unobligated security assistance funds made available 
        for fiscal year 1992 and 1993. As used in this 
        paragraph, the term ``security assistance funds'' means 
        funds available for economic support assistance, 
        foreign military financing assistance, or international 
        military education and training.
    (d) Emergency Food Assistance.--The President is urged to 
use the authorities of title II of the Agricultural Trade 
Development and Assistance Act of 1954 to provide supplemental 
emergency food assistance for the various civilian victims of 
civil strife in the Horn of Africa, in accordance with 
paragraphs (2)(B), (2)(C), and (3) of subsection (c), in 
addition to the assistance otherwise provided for such 
purposes.

SEC. 5.\1\ HORN OF AFRICA PEACE INITIATIVE.

    (a) Support for Grassroots Participation.--It shall be the 
policy of the United States in promoting peace and development 
in the Horn of Africa--
          (1) to support expanded pluralistic and popular 
        participation, the process by which all groups of 
        people are empowered to involve themselves directly in 
        creating the structures, policies, and programs to 
        contribute to equitable economic development, and to 
        local, national, and regional peace initiatives;
          (2) to ensure that all citizens enjoy the protection 
        of civil, political, economic, social, religious, and 
        cultural rights, an independent judiciary, and 
        representative governmental institutions, regardless of 
        gender, religion, ethnicity, occupation, or 
        association; and
          (3) to provide assistance to indigenous 
        nongovernmental institutions that carry out activities 
        in government-controlled or opposition-controlled 
        territories and have the capacity or potential to 
        promote conflict resolution, to advance development 
        programs, or to carry out relief activities such as 
        those described in section 4(c)(2).
    (b) Consultations.--The President is encouraged to 
undertake immediate consultations with appropriate countries, 
with armed and unarmed parties in the Horn of Africa, and with 
the Secretary General of the United Nations, in order to bring 
about negotiated settlements of the armed conflicts in the Horn 
of Africa.
    (c) Mechanisms.--It is the sense of the Congress that the 
President should--
          (1) direct the United States Representative to the 
        United Nations to--
                  (A) urge the Secretary General of the United 
                Nations to make cease-fires, safe corridors for 
                emergency relief, and negotiated settlements of 
                the armed conflicts in the Horn of Africa a 
                high and urgent priority;
                  (B) propose that the United Nations Security 
                Council establish a United Nations arms embargo 
                to end the supply of arms to the region, 
                pending the resolution of civil wars and other 
                armed conflicts; and
                  (C) pledge diplomatic and material resources 
                for enhanced United Nations peacekeeping and 
                peacemaking activities in the region, including 
                monitoring of cease-fires;
          (2) play an active and ongoing role in other fora in 
        pressing for negotiated settlements to armed conflicts 
        in the Horn of Africa; and
          (3) support and participate in regional and 
        international peace consultations that include broad 
        representation from the countries and factions 
        concerned.

SEC. 6.\1\ HORN OF AFRICA FOOD SECURITY AND RECOVERY STRATEGY.

    (a) Targeting Assistance to Aid the Poor Majority; Use of 
PVOs and International Organizations.--
          (1) Targeting Assistance.--United States 
        developmental assistance for the Horn of Africa should 
        be targeted to aid the poor majority of the people of 
        the region (particularly refugees, women, the urban 
        poor, and small-scale farmers and pastoralists) to the 
        maximum extent practicable. United States Government 
        aid institutions should seek to--
                  (A) build upon the capabilities and 
                experiences of United States, international, 
                and indigenous private and voluntary 
                organizations active in local grassroots 
                relief, rehabilitation, and development 
                efforts;
                  (B) consult closely with such organizations 
                and significantly incorporate their views into 
                the policymaking process; and
                  (C) support the expansion and strengthening 
                of their activities without compromising their 
                private and independent nature.
          (2) PVOs and international organizations.--While 
        support from indigenous governments is crucial, 
        sustainable development and food security in the Horn 
        of Africa should be enhanced through the active 
        participation of indigenous private and voluntary 
        organizations, as well as international private and 
        voluntary organizations, and international 
        organizations that have demonstrated their ability to 
        work as partners with local nongovernmental 
        organizations and are committed to promoting local 
        grassroots activities on behalf of long-term 
        development and self-reliance in the Horn of Africa.
          (3) Policy on assistance to governments.--United 
        States assistance should not be provided to the 
        Government of Ethiopia, the Government of Somalia, or 
        the Government of Sudan until concrete steps toward 
        peace, democracy, and human rights are taken in the 
        respective country.
          (4) Support for pvos.--Meanwhile, the United States 
        should provide developmental assistance to those 
        countries by supporting United States, indigenous, and 
        international private and voluntary organizations 
        working in those countries. Such assistance should be 
        expanded as quickly as possible.
    (b) Examples of Programs.--Assistance pursuant to this 
section should include programs to--
          (1) reforest and restore degraded natural areas and 
        reestablish resource management programs;
          (2) reestablish veterinary services, local crop 
        research, and agricultural development projects;
          (3) provide basic education, including efforts to 
        support the teaching of displaced children, and rebuild 
        schools;
          (4) educate young people outside of their countries 
        if conflict within their countries continues;
          (5) reconstitute and expand the delivery of primary 
        and maternal health care; and
          (6) establish credit, microenterprise, and income 
        generation programs for the poor.
    (c) Voluntary Relocation and Repatriation.--Assistance 
pursuant to this section should also be targeted to the 
voluntary relocation and voluntary repatriation of displaced 
persons and refugees after peace has been achieved. Assistance 
pursuant to this Act may not be made available for any costs 
associated with any program of involuntary or forced 
resettlement of persons.
    (d) Debt Relief; International Fund for Reconstruction.--
Developmental assistance for the Horn of Africa should be 
carried out in coordination with long-term strategies for debt 
relief of countries in the region and with emerging efforts to 
establish an international fund for reconstruction of 
developing countries which settle civil wars within their 
territories.
    (e) Assistance Through PVOs and International 
Organizations.--Unless a certification has been made with 
respect to that country under section 8, development assistance 
and assistance from the Development Fund for Africa for 
Ethiopia, Somalia, and Sudan shall be provided only through--
          (1) United States, international, and indigenous 
        private and voluntary organizations (as the term 
        ``private and voluntary organization'' is defined in 
        section 496(e)(2) of the Foreign Assistance Act of 
        1961); or
          (2) through international organizations that have 
        demonstrated effectiveness in working in partnership 
        with local nongovernmental organizations and are 
        committed to the promotion of local grassroots 
        activities on behalf of development and self-reliance 
        in the Horn of Africa (such as the United Nations 
        Children's Fund, the International Fund for 
        Agricultural Development, the United Nations High 
        Commissioner for Refugees, the United Nations 
        Development Program, and the World Food Program).
This subsection does not prohibit the organizations referred to 
in paragraphs (1) and (2) from working with appropriate 
ministries or departments of the respective governments of such 
countries.
    (f) Waiver of Restrictions.--Assistance pursuant to this 
section may be made available to Ethiopia, Somalia, and Sudan 
notwithstanding any provision of law (other than the provisions 
of this Act) that would otherwise restrict assistance to such 
countries.
    (g) United States Voluntary Contributions to International 
Organizations for Developmental Assistance for the Horn of 
Africa.--It should be the policy of the United States to 
provide increasing voluntary contributions to United Nations 
agencies (including the United Nations Children's Fund, the 
International Fund for Agricultural Development, the United 
Nations High Commissioner for Refugees, the United Nations 
Development Program, and the World Food Program) for expanded 
programs of assistance for the Horn of Africa and for refugees 
from the Horn of Africa who are in neighboring countries.
    (h) Developmental Assistance Authorities.--Developmental 
assistance to carry out this section shall be provided pursuant 
to the authorities of chapter 1 of part I (relating to 
development assistance) and chapter 10 of part I (relating to 
the Development Fund for Africa) of the Foreign Assistance Act 
of 1961.

SEC. 7.\1\ PROHIBITIONS ON SECURITY ASSISTANCE TO ETHIOPIA, SOMALIA, 
                    AND SUDAN.

    (a) Prohibition.--Economic support assistance, foreign 
military financing assistance, and international military 
education and training may not be provided for fiscal year 1992 
or 1993 for the Government of Ethiopia, the Government of 
Somalia, or the Government of Sudan unless the President makes 
the certification described in section 8 with respect to that 
government.
    (b) Assistance for Ethiopia; Conditional Waiver of Brooke-
Alexander Amendment.--If the President makes the certification 
described in section 8 with respect to the Government of 
Ethiopia, the President may provide economic support 
assistance, foreign military financing assistance, and 
international military education and training for Ethiopia for 
fiscal years 1992 and 1993 notwithstanding section 620(q) of 
the Foreign Assistance Act of 1961 or any similar provision.

SEC. 8.\1\ CERTIFICATION.
    The certification required by sections 6(e) and 7 is a 
certification by the President\3\ to the appropriate 
congressional committees that the government of the specified 
country--
---------------------------------------------------------------------------
    \3\In a memorandum for the Secretary of State on May 26, 1992, the 
President determined and certified that the Government of Ethiopia:
---------------------------------------------------------------------------

          ``(1) has begun to implement peace agreements and national 
        reconciliation agreements;
          ``(2) has demonstrated a commitment to human rights within 
        the meaning of sections 116 and 502B of the Foreign Assistance 
        Act of 1961;
          ``(3) has manifested a commitment to democracy, has 
        established a timetable for free and fair elections, and has 
        agreed to implement the results of those elections; and
          ``(4) has agreed to distribute developmental assistance on 
        the basis of need without regard to political affiliation, 
        geographic locations, or the ethnic, tribal, or religious 
        identity of the recipient.'' (Presidential Determination No. 
        92-27 of May 26, 1992; 57 F.R. 24925; June 11, 1992).
          (1) has begun to implement peace agreements, national 
        reconciliation agreements, or both;
          (2) has demonstrated a commitment to human rights 
        within the meaning of sections 116 and 502B of the 
        Foreign Assistance Act of 1961;
          (3) has manifested a commitment to democracy, has 
        held or established a timetable for free and fair 
        elections, and has agreed to implement the results of 
        those elections; and
          (4) in the case of a certification for purposes of 
        section 6(e), has agreed to distribute developmental 
        assistance on the basis of need without regard to 
        political affiliation, geographic location, or the 
        ethnic, tribal, or religious identity of the recipient.

SEC. 9.\1\,\4\ REPORTING REQUIREMENT.

    Not later than 180 days after the date of enactment of this 
Act and each 180 days thereafter, the President shall submit a 
report to the appropriate congressional committees on the 
efforts and progress made in carrying out this Act.
---------------------------------------------------------------------------
    \4\In a July 19, 1993, memorandum for the Administrator of the 
Agency for International Development, the President delegated to the 
Administrator the functions authorized in sec. 9 (Memorandum of July 
19, 1993; 58 F.R. 39109; July 21, 1993).
---------------------------------------------------------------------------

SEC. 10.\1\ DEFINITIONS.

    As used in this Act--
          (1) the term ``appropriate congressional committees'' 
        means the Committee on Foreign Affairs\5\ and the 
        Committee on Appropriations of the House of 
        Representatives and the Committee on Foreign Relations 
        and the Committee on Appropriations of the Senate;
---------------------------------------------------------------------------
    \5\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 term ``assistance from the Development Fund 
        for Africa'' means assistance under chapter 10 of part 
        I of the Foreign Assistance Act of 1961;
          (3) the term ``development assistance'' means 
        assistance under chapter 1 of part I of the Foreign 
        Assistance Act of 1961;
          (4) the term ``economic support assistance'' means 
        assistance under chapter 4 of part II of the Foreign 
        Assistance Act of 1961;
          (5) the term ``foreign military financing 
        assistance'' means assistance under section 23 of the 
        Arms Export Control Act; and
          (6) the term ``international military education and 
        training'' means assistance under chapter 5 of part II 
        of the Foreign Assistance Act of 1961.
                  (5) Peace Process Support in Liberia

 Public Law 102-270 [S.J. Res. 271], 106 Stat. 106, approved April 16, 
    1992; amended by Public Law 104-99 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 1996, H.R. 1868, 
enacted by reference in sec. 301 of Public Law 104-99; 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

  JOINT RESOLUTION Expressing the sense of the Congress regarding the 
peace process in Liberia and authorizing limited assistance to support 
                             this process.

Whereas the civil war in Liberia, begun in December 1989, has 
    devastated that country, killing an estimated 25,000 
    civilians and forcing hundreds of thousands of Liberians to 
    flee their homes;
Whereas in an effort to end the fighting, the parties to the 
    Liberian conflict and the leaders of the West African 
    states signed a peace accord in Yamoussoukro, Cote d'Ivoire 
    on October 30, 1991;
Whereas this agreement sets in motion a peace process, 
    including the encampment and disarmament of the fighters 
    and culminating in the holding of free and fair elections;
Whereas despite several difficulties, this peace process 
    continues to proceed largely on track, including the recent 
    opening of roads in Liberia and the initiation of the 
    political campaigns by several parties; and
Whereas the election process outlined in the Yamoussoukro 
    agreement is essential for reestablishing peace, democracy 
    and reconciliation in Liberia, and limited United States 
    assistance could play an important role in promoting this 
    process: Now, therefore, be it

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a)\1\ the 
Congress--
---------------------------------------------------------------------------
    \1\22 U.S.C. 2151 note.
---------------------------------------------------------------------------
          (1) strongly supports the peace process for Liberia 
        initiated by the Yamoussoukro peace accord;
          (2) urges all parties to abide by the terms of the 
        Yamoussoukro agreement;
          (3) commends and congratulates the governments of the 
        Economic Community of West African States (ECOWAS) for 
        their leadership in seeking peace in Liberia; and
          (4) extends particularly praise to President 
        Babangida of Nigeria, President Houphouet-Boigny of 
        Cote d'Ivoire, and President Diouf of Senegal for their 
        efforts to resolve this conflict.
    (b) Authorization of Limited Assistance.--The\2\ President 
is authorized to provide--
---------------------------------------------------------------------------
    \2\Sec. 573(a)(1) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 749), struck out ``Notwithstanding section 620(q) of the Foreign 
Assistance Act of 1961 or any similar provision, the'' and inserted in 
lieu thereof ``The''.
    Sec. 573(b) of that Act, furthermore, provided the following:
    ``(b) Funds appropriated by this Act may be made available for 
assistance for Liberia notwithstanding section 620(q) of the Foreign 
Assistance Act of 1961 and section 512 of this Act.''.
---------------------------------------------------------------------------
          (1) nonpartisan election and democracy-building 
        assistance to support democratic institutions in 
        Liberia, and
          (2) assistance for the resettlement of refugees, the 
        demobilization and retraining of troops, and the 
        provision of other appropriate assistance:\3\ Provided, 
        That the President determines and so certifies to the 
        Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate and the Committee on 
        Foreign Affairs\4\ and the Committee on Appropriations 
        of the House of Representatives that Liberia has made 
        significant progress toward democratization and that 
        the provision of such assistance will assist that 
        country in making further progress and is otherwise in 
        the national interest of the United States. A separate 
        determination and certification shall be required for 
        each fiscal year in which such assistance is to be 
        provided.
---------------------------------------------------------------------------
    \3\Sec. 573(a)(2) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 749), struck out ``to implement the Yamoussoukro peace accord'' 
at this point.
    \4\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.
           (6) African Famine Relief and Recovery Act of 1985

 Partial text of Public Law 99-8 [S. 689], 99 Stat. 21, approved April 
                                2, 1985

 AN ACT To authorize appropriations for famine relief and recovery in 
                                Africa.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``African Famine Relief and 
Recovery Act of 1985''.\1\
---------------------------------------------------------------------------
    \1\22 U.S.C. 2292 note.
---------------------------------------------------------------------------

SEC. 2.\2\ * * *

SEC. 3.\1\ MIGRATION AND REFUGEE ASSISTANCE.

    (a) Authorization of Appropriations.--In addition to 
amounts otherwise available for such purpose, there are 
authorized to be appropriated to the Department of State for 
``Migration and Refugee Assistance'' for the fiscal year 1985, 
$37,500,000 for assisting refugees and displaced persons in 
Africa.
---------------------------------------------------------------------------
    \2\Sec. 2 amended the Foreign Assistance Act of 1961 by adding a 
new section 495K entitled ``African Famine Assistance.''
---------------------------------------------------------------------------
    (b) Use of Funds.--
          (1) Projects for immediate development needs.--Up to 
        54 percent of the funds authorized to be appropriated 
        by this section may be made available to the United 
        Nations Office of Emergency Operations in Africa for 
        projects such as those proposed at the second 
        International Conference on Assistance to Refugees in 
        Africa (ICARA II) to address the immediate development 
        needs created by refugees and displaced persons in 
        Africa.
          (2) Emergency relief and recovery efforts.--The 
        remaining funds authorized to be appropriated by this 
        section shall be used by the Bureau for Refugee 
        Programs of the Department of State for emergency 
        relief and recovery efforts in Africa.

SEC. 4.\1\ DEPARTMENT OF DEFENSE ASSISTANCE.

    (a) Special Rule on Reimbursement.--If the Department of 
Defense furnishes goods or services for African supplemental 
famine assistance activities, the Department of Defense shall 
be reimbursed for not more than the costs which it incurs in 
providing those goods or services. These costs do not include 
military pay and allowances, amortization and depreciation, and 
fixed facility costs.
    (b) Definition of African Supplemental Famine Assistance 
Activities.--For purposes of this section, the term ``African 
supplemental famine assistance activities'' means the provision 
of the following fiscal year 1985 supplemental assistance for 
Africa:
          (1) Famine assistance pursuant to section 2 of this 
        Act.
          (2) Migration and refugee assistance pursuant to 
        section 3 of this Act.
          (3) Assistance pursuant to supplemental 
        appropriations for title II of the Agricultural Trade 
        Development and Assistance Act of 1954 (7 U.S.C. 1721-
        1726).
          (4) Assistance with funds appropriated during fiscal 
        year 1985 for the Emergency Refugee and Migration 
        Assistance Fund (22 U.S.C. 2601(c)).

SEC. 5.\1\ GENERAL PROVISIONS RELATING TO ASSISTANCE.

    (a) Countries To Be Assisted.--Amounts authorized to be 
appropriated by this Act shall be available only for assistance 
in those countries in Africa which have suffered during 
calendar years 1984 and 1985 from exceptional food supply 
problems due to drought and other calamities.
    (b) ``Hickenlooper Amendment''.--Assistance may be provided 
with funds authorized to be appropriated by this Act without 
regard to section 620(e)(1) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2370(e)(1)).
    (c) Ensuring That Assistance Reaches Intended Recipients.--
The President shall ensure that adequate procedures have been 
established so that assistance pursuant to this Act is provided 
to the famine victims for whom it is intended.

SEC. 6.\1\ REPORTS ON AFRICAN FAMINE ASSISTANCE.

    (a) Report on United States Contribution to Meet Emergency 
Needs.--
          (1) Requirement for report.--Not later than June 30, 
        1985, the President shall report to the Congress with 
        respect to the United States contribution to meet 
        emergency needs, including food needs, for African 
        famine assistance.
          (2) Information to be included in report.--The report 
        required by this subsection shall describe--
                  (A) the emergency needs, including food 
                needs, for African famine assistance that are 
                identified by the President's Interagency Task 
                Force on the African Food Emergency, private 
                and voluntary organizations active in famine 
                relief, the United Nations Office for Emergency 
                Operations in Africa, the United Nations Food 
                and Agriculture Organization, the World Food 
                Program, and such other organizations as the 
                President considers appropriate; and
                  (B) the projected fiscal year 1985 
                contribution by the United States Government to 
                meet an appropriate share of those needs 
                referred to in subparagraph (A).
    (b) Report on Assistance Provided Pursuant to This Act.--
          (1) Requirement for report.--Not later than September 
        30, 1985, the President shall report to the Congress on 
        the assistance provided pursuant to this Act.
          (2) Information to be included in report.--
                  (A) Use of funds.--The report pursuant to 
                this subsection shall describe the uses, by the 
                Agency for International Development and by the 
                Department of State, of the funds authorized to 
                be appropriated by this Act, including--
                          (i) a description of each project or 
                        program supported with any of those 
                        funds, and the amount allocated to it;
                          (ii) the identity of each private and 
                        voluntary organization or international 
                        organization receiving any of those 
                        funds, and the amount of funds each 
                        received;
                          (iii) the amount of those funds used 
                        for assistance to each country;
                          (iv) the amount of those funds, if 
                        any, which will not have been obligated 
                        as of September 30, 1985; and
                          (v) a list of any projects or 
                        programs supported with those funds 
                        which are not expected to be completed 
                        as of December 31, 1985.
      (7) Coordination of Economic Policies for Sub-Saharan Africa

  Executive Order 12599, June 23, 1987, 52 F.R. 23779, 22 U.S.C. 2166 
                                  note

    By the authority vested in me as President by the 
Constitution and statutes of the United States of America, 
including the Foreign Assistance Act of 1961, as amended, and 
in order to establish procedures for development of a common 
long-term goal for all United States economic programs and 
policies in Sub-Saharan Africa, it is hereby ordered as 
follows:
    Section 1. Establishment of the Coordinating Committee for 
Sub-Saharan Africa. (a) There is hereby establish a 
Coordinating Committee for Sub-Saharan Africa (``the 
Committee'').
    (b) The Committee shall consist of the Administrator of the 
Agency for International Development, who shall be Chairman; 
the Assistant Secretary of the Treasury for International 
Affairs, who shall be Co-Chairman; representatives designated 
by the Secretaries of State, Defense, Agriculture, and 
Commerce; and representatives of the Office of Management and 
Budget, the Central Intelligence Agency, the United States 
Information Agency, the Peace Corps, the Overseas Private 
Investment Corporation, the United States Trade Representative, 
the African Development Foundation, the Assistant to the 
President for National Security Affairs, and the Assistant to 
the President for Policy Development.
    (c) Whenever matters being considered by the Committee may 
be of interest to Federal agencies not represented on the 
Committee, the Chairman may invite the head of such agencies to 
designate representatives to participate in meetings and 
deliberations of the Committee.
    (d) The Committee shall operate under the policy direction 
of the Secretaries of State and the Treasury.
    (e) All Executive departments and agencies shall keep the 
Committee informed in necessary detail as to the polices, 
programs, and activities relating to the functions of the 
Committee described in section 2.
    (f) Nothing herein shall be deemed to derogate from the 
responsibilities of the head of any agency in exercising the 
responsibilities vested in that person by law.
    Sec. 2. Functions of the Committee. (a) The Committee shall 
operate in a manner best deemed appropriate by its Chairman in 
order to ensure the following:
    (1) that all United States economic programs and policies 
for Sub-Saharan Africa are consistent with the goal of ending 
hunger in the region through economic growth, policy reform, 
and private sector development;
    (2) United States economic programs and policies for each 
country of Sub-Saharan Africa are tailored to the specific 
needs of that country, consistent with the goal presented in 
subsection (a)(1) of this section;
    (3) United States economic programs and policies for Sub-
Saharan Africa are fully coordinated within the United States 
Government prior to implementation with other donors and 
potential recipients; and,
    (4) the overall level of aid the United States offers a 
country of Sub-Saharan Africa is related to continued 
performance of that country toward the goal presented in 
subsection (a)(1) of this section or willingness to undertake 
economic reform.
    (b) The Committee shall support the Secretaries of State 
and the Treasury in preparing the annual report to the 
President required in section 3 of this Order.
    (c) The Committee shall coordinate the preparation annually 
of a unified budget justification for transmittal to the 
Congress. This justification shall encompass all United States 
economic activities, strategies, and policies for Sub-Saharan 
Africa. Nothing in this subsection shall be deemed to affect 
the statutory authorities of the Director of the Office of 
Management and Budget.
    (d) The Committee shall encourage and coordinate the 
alignment of United States food assistance programs in 
accordance with the goals presented in subsection 2(a) of this 
Order.
    (e) The Committee shall encourage and coordinate efforts to 
mobilize expanded humanitarian and business involvement in 
Africa, both United States and international, through an 
outreach effort with appropriate Federal agencies.
    (f) The Committee shall encourage and coordinate efforts of 
Federal agencies to expand United States business involvement 
in Sub-Saharan Africa by targeting trade and investment 
missions, prefeasibility and feasibility studies, sector and 
regional analyses, access to credit, and information on trade 
and investment opportunities in countries undertaking economic 
reform.
    Sec. 3. Annual Report to the President. (a) The Secretary 
of State and the Secretary of the Treasury shall make a joint 
report to the President annually on Sub-Saharan Africa.
    (b) The annual report shall discuss the economic condition 
of Sub-Saharan Africa and highlight progress being made in the 
region toward achieving the goal presented in section 2(a)(1). 
The annual report shall also affirm that all United States 
economic programs and policies conform with and support the 
goal of ending hunger in Sub-Saharan Africa through economic 
growth and private enterprise development.

                   d. Assistance to Latin America\1\

   (1) Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996

 Public Law 104-114 [H.R. 927], 110 Stat. 785, approved March 12, 1996

AN ACT to seek international sanctions against the Castro government in 
   Cuba, to plan for support of a transition government leading to a 
   democratically elected government in Cuba, 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.\2\ SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Cuban 
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996''.
---------------------------------------------------------------------------
    \1\See also the Foreign Assistance Act of 1969 (Public Law 91-175), 
establishing the Inter-American Foundation, in Legislation on Foreign 
Relations Through 1997, vol. I-A.
    \2\22 U.S.C. 6021 note.
---------------------------------------------------------------------------
    (b) Table of Contents.--The table of contents of this Act 
is as follows:
                                                                    Page

Sec. 1. Short title; table of contents............................   163
Sec. 2. Findings..................................................   164
Sec. 3. Purposes..................................................   167
Sec. 4. Definitions...............................................   167
Sec. 5. Severability..............................................   170

   TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO 
                               GOVERNMENT

Sec. 101. Statement of policy.....................................   170
Sec. 102. Enforcement of the economic embargo of Cuba.............   171
Sec. 103. Prohibition against indirect financing of Cuba..........   173
Sec. 104. United States opposition to Cuban membership in 
    international financial institutions..........................   173
Sec. 105. United States opposition to termination of the 
    suspension of the Cuban Government from participation in the 
    Organization of American States...............................   174
Sec. 106. Assistance by the independent states of the former 
    Soviet Union for the Cuban Government.........................   174
Sec. 107. Television broadcasting to Cuba.........................   177
Sec. 108. Reports on commerce with, and assistance to, Cuba from 
    other foreign countries.......................................   177
Sec. 109. Authorization of support for democratic and human rights 
    groups and international observers............................   178
Sec. 110. Importation safeguard against certain Cuban products....   179
Sec. 111. Withholding of foreign assistance from countries 
    supporting Juragua nuclear plant in Cuba......................   180
Sec. 112. Reinstitution of family remittances and travel to Cuba..   182
Sec. 113. Expulsion of criminals from Cuba........................   182
Sec. 114. News bureaus in Cuba....................................   182
Sec. 115. Effect of Act on lawful United States Government 
    activities....................................................   183
Sec. 116. Condemnation of Cuban attack on American aircraft.......   183

           TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA

Sec. 201. Policy toward a transition government and a 
    democratically elected government in Cuba.....................   184
Sec. 202. Assistance for the Cuban people.........................   186
Sec. 203. Coordination of assistance program; implementation and 
    reports to Congress; reprogramming............................   188
Sec. 204. Termination of the economic embargo of Cuba.............   190
Sec. 205. Requirements and factors for determining a transition 
    government....................................................   191
Sec. 206. Requirements for determining a democratically elected 
    government....................................................   193
Sec. 207. Settlement of outstanding United States claims to 
    confiscated property in Cuba..................................   193

   TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS

Sec. 301. Findings................................................   194
Sec. 302. Liability for trafficking in confiscated property 
    claimed by United States nationals............................   195
Sec. 303. Proof of ownership of claims to confiscated property....   200
Sec. 304. Exclusivity of Foreign Claims Settlement Commission 
    certification procedure.......................................   201
Sec. 305. Limitation of actions...................................   202
Sec. 306. Effective date..........................................   202

                  TITLE IV--EXCLUSION OF CERTAIN ALIENS

Sec. 401. Exclusion from the United States of aliens who have 
    confiscated property of United States nationals or who traffic 
    in such property..............................................   203

SEC. 2.\3\ FINDINGS.

    The Congress makes the following findings:
---------------------------------------------------------------------------
    \3\22 U.S.C. 6021.
---------------------------------------------------------------------------
          (1) The economy of Cuba has experienced a decline of 
        at least 60 percent in the last 5 years as a result 
        of--
                  (A) the end of its subsidization by the 
                former Soviet Union of between 5 billion and 6 
                billion dollars annually;
                  (B) 36 years of communist tyranny and 
                economic mismanagement by the Castro 
                government;
                  (C) the extreme decline in trade between Cuba 
                and the countries of the former Soviet bloc; 
                and
                  (D) the stated policy of the Russian 
                Government and the countries of the former 
                Soviet bloc to conduct economic relations with 
                Cuba on strictly commercial terms.
          (2) At the same time, the welfare and health of the 
        Cuban people have substantially deteriorated as a 
        result of this economic decline and the refusal of the 
        Castro regime to permit free and fair democratic 
        elections in Cuba.
          (3) The Castro regime has made it abundantly clear 
        that it will not engage in any substantive political 
        reforms that would lead to democracy, a market economy, 
        or an economic recovery.
          (4) The repression of the Cuban people, including a 
        ban on free and fair democratic elections, and 
        continuing violations of fundamental human rights, have 
        isolated the Cuban regime as the only completely 
        nondemocratic government in the Western Hemisphere.
          (5) As long as free elections are not held in Cuba, 
        the economic condition of the country and the welfare 
        of the Cuban people will not improve in any significant 
        way.
          (6) The totalitarian nature of the Castro regime has 
        deprived the Cuban people of any peaceful means to 
        improve their condition and has led thousands of Cuban 
        citizens to risk or lose their lives in dangerous 
        attempts to escape from Cuba to freedom.
          (7) Radio Marti and Television Marti have both been 
        effective vehicles for providing the people of Cuba 
        with news and information and have helped to bolster 
        the morale of the people of Cuba living under tyranny.
          (8) The consistent policy of the United States 
        towards Cuba since the beginning of the Castro regime, 
        carried out by both Democratic and Republican 
        administrations, has sought to keep faith with the 
        people of Cuba, and has been effective in sanctioning 
        the totalitarian Castro regime.
          (9) The United States has shown a deep commitment, 
        and considers it a moral obligation, to promote and 
        protect human rights and fundamental freedoms as 
        expressed in the Charter of the United Nations and in 
        the Universal Declaration of Human Rights.
          (10) The Congress has historically and consistently 
        manifested its solidarity and the solidarity of the 
        American people with the democratic aspirations of the 
        Cuban people.
          (11) The Cuban Democracy Act of 1992 calls upon the 
        President to encourage the governments of countries 
        that conduct trade with Cuba to restrict their trade 
        and credit relations with Cuba in a manner consistent 
        with the purposes of that Act.
          (12) Amendments to the Foreign Assistance Act of 1961 
        made by the FREEDOM Support Act require that the 
        President, in providing economic assistance to Russia 
        and the emerging Eurasian democracies, take into 
        account the extent to which they are acting to 
        ``terminate support for the communist regime in Cuba, 
        including removal of troops, closing military 
        facilities, and ceasing trade subsidies and economic, 
        nuclear, and other assistance''.
          (13) The Cuban Government engages in the illegal 
        international narcotics trade and harbors fugitives 
        from justice in the United States.
          (14) The Castro government threatens international 
        peace and security by engaging in acts of armed 
        subversion and terrorism such as the training and 
        supplying of groups dedicated to international 
        violence.
          (15) The Castro government has utilized from its 
        inception and continues to utilize torture in various 
        forms (including by psychiatry), as well as execution, 
        exile, confiscation, political imprisonment, and other 
        forms of terror and repression, as means of retaining 
        power.
          (16) Fidel Castro has defined democratic pluralism as 
        ``pluralistic garbage'' and continues to make clear 
        that he has no intention of tolerating the 
        democratization of Cuban society.
          (17) The Castro government holds innocent Cubans 
        hostage in Cuba by no fault of the hostages themselves 
        solely because relatives have escaped the country.
          (18) Although a signatory state to the 1928 Inter-
        American Convention on Asylum and the International 
        Covenant on Civil and Political Rights (which protects 
        the right to leave one's own country), Cuba 
        nevertheless surrounds embassies in its capital by 
        armed forces to thwart the right of its citizens to 
        seek asylum and systematically denies that right to the 
        Cuban people, punishing them by imprisonment for 
        seeking to leave the country and killing them for 
        attempting to do so (as demonstrated in the case of the 
        confirmed murder of over 40 men, women, and children 
        who were seeking to leave Cuba on July 13, 1994).
          (19) The Castro government continues to utilize 
        blackmail, such as the immigration crisis with which it 
        threatened the United States in the summer of 1994, and 
        other unacceptable and illegal forms of conduct to 
        influence the actions of sovereign states in the 
        Western Hemisphere in violation of the Charter of the 
        Organization of American States and other international 
        agreements and international law.
          (20) The United Nations Commission on Human Rights 
        has repeatedly reported on the unacceptable human 
        rights situation in Cuba and has taken the 
        extraordinary step of appointing a Special Rapporteur.
          (21) The Cuban Government has consistently refused 
        access to the Special Rapporteur and formally expressed 
        its decision not to ``implement so much as one comma'' 
        of the United Nations Resolutions appointing the 
        Rapporteur.
          (22) The United Nations General Assembly passed 
        Resolution 47-139 on December 18, 1992, Resolution 48-
        142 on December 20, 1993, and Resolution 49-200 on 
        December 23, 1994, referencing the Special Rapporteur's 
        reports to the United Nations and condemning violations 
        of human rights and fundamental freedoms in Cuba.
          (23) Article 39 of Chapter VII of the United Nations 
        Charter provides that the United Nations Security 
        Council ``shall determine the existence of any threat 
        to the peace, breach of the peace, or act of aggression 
        and shall make recommendations, or decide what measures 
        shall be taken . . ., to maintain or restore 
        international peace and security.''.
          (24) The United Nations has determined that massive 
        and systematic violations of human rights may 
        constitute a ``threat to peace'' under Article 39 and 
        has imposed sanctions due to such violations of human 
        rights in the cases of Rhodesia, South Africa, Iraq, 
        and the former Yugoslavia.
          (25) In the case of Haiti, a neighbor of Cuba not as 
        close to the United States as Cuba, the United States 
        led an effort to obtain and did obtain a United Nations 
        Security Council embargo and blockade against that 
        country due to the existence of a military dictatorship 
        in power less than 3 years.
          (26) United Nations Security Council Resolution 940 
        of July 31, 1994, subsequently authorized the use of 
        ``all necessary means'' to restore the ``democratically 
        elected government of Haiti'', and the democratically 
        elected government of Haiti was restored to power on 
        October 15, 1994.
          (27) The Cuban people deserve to be assisted in a 
        decisive manner to end the tyranny that has oppressed 
        them for 36 years, and the continued failure to do so 
        constitutes ethically improper conduct by the 
        international community.
          (28) For the past 36 years, the Cuban Government has 
        posed and continues to pose a national security threat 
        to the United States.

SEC. 3.\4\ PURPOSES.

    The purposes of this Act are--
---------------------------------------------------------------------------
    \4\22 U.S.C. 6022.
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          (1) to assist the Cuban people in regaining their 
        freedom and prosperity, as well as in joining the 
        community of democratic countries that are flourishing 
        in the Western Hemisphere;
          (2) to strengthen international sanctions against the 
        Castro government;
          (3) to provide for the continued national security of 
        the United States in the face of continuing threats 
        from the Castro government of terrorism, theft of 
        property from United States nationals by the Castro 
        government, and the political manipulation by the 
        Castro government of the desire of Cubans to escape 
        that results in mass migration to the United States;
          (4) to encourage the holding of free and fair 
        democratic elections in Cuba, conducted under the 
        supervision of internationally recognized observers;
          (5) to provide a policy framework for United States 
        support to the Cuban people in response to the 
        formation of a transition government or a 
        democratically elected government in Cuba; and
          (6) to protect United States nationals against 
        confiscatory takings and the wrongful trafficking in 
        property confiscated by the Castro regime.

SEC. 4.\5\ DEFINITIONS.

    As used in this Act, the following terms have the following 
meanings:
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    \5\22 U.S.C. 6023.
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          (1) Agency or instrumentality of a foreign state.--
        The term ``agency or instrumentality of a foreign 
        state'' has the meaning given that term in section 
        1603(b) of title 28, United States Code.
          (2) Appropriate congressional committees.--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.
          (3) Commercial activity.--The term ``commercial 
        activity'' has the meaning given that term in section 
        1603(d) of title 28, United States Code.
          (4) Confiscated.--As used in titles I and III, the 
        term ``confiscated'' refers to--
                  (A) the nationalization, expropriation, or 
                other seizure by the Cuban Government of 
                ownership or control of property, on or after 
                January 1, 1959--
                          (i) without the property having been 
                        returned or adequate and effective 
                        compensation provided; or
                          (ii) without the claim to the 
                        property having been settled pursuant 
                        to an international claims settlement 
                        agreement or other mutually accepted 
                        settlement procedure; and
                  (B) the repudiation by the Cuban Government 
                of, the default by the Cuban Government on, or 
                the failure of the Cuban Government to pay, on 
                or after January 1, 1959--
                          (i) a debt of any enterprise which 
                        has been nationalized, expropriated, or 
                        otherwise taken by the Cuban 
                        Government;
                          (ii) a debt which is a charge on 
                        property nationalized, expropriated, or 
                        otherwise taken by the Cuban 
                        Government; or
                          (iii) a debt which was incurred by 
                        the Cuban Government in satisfaction or 
                        settlement of a confiscated property 
                        claim.
          (5) 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''.
          (6) Democratically elected government in cuba.--The 
        term ``democratically elected government in Cuba'' 
        means a government determined by the President to have 
        met the requirements of section 206.
          (7) Economic embargo of cuba.--The term ``economic 
        embargo of Cuba'' refers to--
                  (A) the economic embargo (including all 
                restrictions on trade or transactions with, and 
                travel to or from, Cuba, and all restrictions 
                on transactions in property in which Cuba or 
                nationals of Cuba have an interest) that was 
                imposed against Cuba pursuant to section 620(a) 
                of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2370(a)), section 5(b) of the Trading 
                with the Enemy Act (50 U.S.C. App. 5(b)), the 
                Cuban Democracy Act of 1992 (22 U.S.C. 6001 and 
                following), or any other provision of law; and
                  (B) the restrictions imposed by section 
                902(c) of the Food Security Act of 1985.
          (8) Foreign national.--The term ``foreign national'' 
        means--
                  (A) an alien; or
                  (B) any corporation, trust, partnership, or 
                other juridical entity not organized under the 
                laws of the United States, or of any State, the 
                District of Columbia, or any commonwealth, 
                territory, or possession of the United States.
          (9) Knowingly.--The term ``knowingly'' means with 
        knowledge or having reason to know.
          (10) Official of the cuban government or the ruling 
        political party in cuba.--The term ``official of the 
        Cuban Government or the ruling political party in 
        Cuba'' refers to any member of the Council of 
        Ministers, Council of State, central committee of the 
        Communist Party of Cuba, or the Politburo of Cuba, or 
        their equivalents.
          (11) Person.--The term ``person'' means any person or 
        entity, including any agency or instrumentality of a 
        foreign state.
          (12) Property.--(A) The term ``property'' means any 
        property (including patents, copyrights, trademarks, 
        and any other form of intellectual property), whether 
        real, personal, or mixed, and any present, future, or 
        contingent right, security, or other interest therein, 
        including any leasehold interest.
          (B) For purposes of title III of this Act, the term 
        ``property'' does not include real property used for 
        residential purposes unless, as of the date of the 
        enactment of this Act--
                  (i) the claim to the property is held by a 
                United States national and the claim has been 
                certified under title V of the International 
                Claims Settlement Act of 1949; or
                  (ii) the property is occupied by an official 
                of the Cuban Government or the ruling political 
                party in Cuba.
          (13) Traffics.--(A) As used in title III, and except 
        as provided in subparagraph (B), a person ``traffics'' 
        in confiscated property if that person knowingly and 
        intentionally--
                  (i) sells, transfers, distributes, dispenses, 
                brokers, manages, or otherwise disposes of 
                confiscated property, or purchases, leases, 
                receives, possesses, obtains control of, 
                manages, uses, or otherwise acquires or holds 
                an interest in confiscated property,
                  (ii) engages in a commercial activity using 
                or otherwise benefiting from confiscated 
                property, or (iii) causes, directs, 
                participates in, or profits from, trafficking 
                (as described in clause (i) or (ii)) by another 
                person, or otherwise engages in trafficking (as 
                described in clause (i) or (ii)) through 
                another person, without the authorization of 
                any United States national who holds a claim to 
                the property.
          (B) The term ``traffics'' does not include--
                  (i) the delivery of international 
                telecommunication signals to Cuba;
                  (ii) the trading or holding of securities 
                publicly traded or held, unless the trading is 
                with or by a person determined by the Secretary 
                of the Treasury to be a specially designated 
                national;
                  (iii) transactions and uses of property 
                incident to lawful travel to Cuba, to the 
                extent that such transactions and uses of 
                property are necessary to the conduct of such 
                travel; or
                  (iv) transactions and uses of property by a 
                person who is both a citizen of Cuba and a 
                resident of Cuba, and who is not an official of 
                the Cuban Government or the ruling political 
                party in Cuba.
          (14) Transition government in cuba.--The term 
        ``transition government in Cuba'' means a government 
        that the President determines is a transition 
        government consistent with the requirements and factors 
        set forth in section 205.
          (15) United states national.--The term ``United 
        States national'' means--
                  (A) any United States citizen; or
                  (B) any other legal entity which is organized 
                under the laws of the United States, or of any 
                State, the District of Columbia, or any 
                commonwealth, territory, or possession of the 
                United States, and which has its principal 
                place of business in the United States.

SEC. 5.\6\ SEVERABILITY.

    If any provision of this Act or the amendments made by this 
Act or the application thereof to any person or circumstance is 
held invalid, the remainder of this Act, the amendments made by 
this Act, or the application thereof to other persons not 
similarly situated or to other circumstances shall not be 
affected by such invalidation.
---------------------------------------------------------------------------
    \6\22 U.S.C. 6024.
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   TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO 
                               GOVERNMENT

SEC. 101.\7\ STATEMENT OF POLICY.

    It is the sense of the Congress that--
---------------------------------------------------------------------------
    \7\22 U.S.C. 6031.
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          (1) the acts of the Castro government, including its 
        massive, systematic, and extraordinary violations of 
        human rights, are a threat to international peace;
          (2) the President should advocate, and should 
        instruct the United States Permanent Representative to 
        the United Nations to propose and seek within the 
        Security Council, a mandatory international embargo 
        against the totalitarian Cuban Government pursuant to 
        chapter VII of the Charter of the United Nations, 
        employing efforts similar to consultations conducted by 
        United States representatives with respect to Haiti;
          (3) any resumption of efforts by any independent 
        state of the former Soviet Union to make operational 
        any nuclear facilities in Cuba, and any continuation of 
        intelligence activities by such a state from Cuba that 
        are targeted at the United States and its citizens will 
        have a detrimental impact on United States assistance 
        to such state; and
          (4) in view of the threat to the national security 
        posed by the operation of any nuclear facility, and the 
        Castro government's continuing blackmail to unleash 
        another wave of Cuban refugees fleeing from Castro's 
        oppression, most of whom find their way to United 
        States shores, further depleting limited humanitarian 
        and other resources of the United States, the President 
        should do all in his power to make it clear to the 
        Cuban Government that--
                  (A) the completion and operation of any 
                nuclear power facility, or
                  (B) any further political manipulation of the 
                desire of Cubans to escape that results in mass 
                migration to the United States,
        will be considered an act of aggression which will be 
        met with an appropriate response in order to maintain 
        the security of the national borders of the United 
        States and the health and safety of the American 
        people.

SEC. 102.\8\ ENFORCEMENT OF THE ECONOMIC EMBARGO OF CUBA.

    (a) Policy.--
---------------------------------------------------------------------------
    \8\22 U.S.C. 6032.
---------------------------------------------------------------------------
          (1) Restrictions by other countries.--The Congress 
        hereby reaffirms section 1704(a) of the Cuban Democracy 
        Act of 1992, which states that the President should 
        encourage foreign countries to restrict trade and 
        credit relations with Cuba in a manner consistent with 
        the purposes of that Act.
          (2) Sanctions on other countries.--The Congress 
        further urges the President to take immediate steps to 
        apply the sanctions described in section 1704(b)(1) of 
        that Act against countries assisting Cuba.
    (b) Diplomatic Efforts.--The Secretary of State should 
ensure that United States diplomatic personnel abroad 
understand and, in their contacts with foreign officials, are 
communicating the reasons for the United States economic 
embargo of Cuba, and are urging foreign governments to 
cooperate more effectively with the embargo.
    (c) Existing Regulations.--The President shall instruct the 
Secretary of the Treasury and the Attorney General to enforce 
fully the Cuban Assets Control Regulations set forth in part 
515 of title 31, Code of Federal Regulations.
    (d)\9\ Trading with the Enemy Act.--
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    \9\For amended section of Trading with the Enemy Act, see 
Legislation on Foreign Relations Through 1997, vol. III.
---------------------------------------------------------------------------
          (1) Civil penalties.--Subsection (b) of section 16 of 
        the Trading with the Enemy Act (50 U.S.C. App. 16(b)), 
        as added by Public Law 102-484, is amended to read as 
        follows:
    ``(b)(1) A civil penalty of not to exceed $50,000 may be 
imposed by the Secretary of the Treasury on any person who 
violates any license, order, rule, or regulation issued in 
compliance with the provisions of this Act.
    ``(2) Any property, funds, securities, papers, or other 
articles or documents, or any vessel, together with its tackle, 
apparel, furniture, and equipment, that is the subject of a 
violation under paragraph (1) shall, at the direction of the 
Secretary of the Treasury, be forfeited to the United States 
Government.
    ``(3) The penalties provided under this subsection may be 
imposed only on the record after opportunity for an agency 
hearing in accordance with sections 554 through 557 of title 5, 
United States Code, with the right to prehearing discovery.
    ``(4) Judicial review of any penalty imposed under this 
subsection may be had to the extent provided in section 702 of 
title 5, United States Code.''.
          (2) Conforming amendment; criminal forfeiture.--
        Section 16 of the Trading with the Enemy Act is further 
        amended by striking subsection (b), as added by Public 
        Law 102-393.
          (3) Clerical amendments.--Section 16 of the Trading 
        with the Enemy Act is further amended--
                  (A) by inserting ``Sec. 16.'' before ``(a)''; 
                and
                  (B) in subsection (a) by striking 
                ``participants'' and inserting 
                ``participates''.
    (e) Denial of Visas to Certain Cuban Nationals.--It is the 
sense of the Congress that the President should instruct the 
Secretary of State and the Attorney General to enforce fully 
existing regulations to deny visas to Cuban nationals 
considered by the Secretary of State to be officers or 
employees of the Cuban Government or of the Communist Party of 
Cuba.
    (f)\10\ Coverage of Debt-for-Equity Swaps by Economic 
Embargo of Cuba.--Section 1704(b)(2) of the Cuban Democracy Act 
of 1992 (22 U.S.C. 6003(b)(2)) is amended--
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    \10\For the Cuban Democracy Act of 1992, see Legislation on Foreign 
Relations Through 1997, vol. III.
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          (1) by striking ``and'' at the end of subparagraph 
        (A);
          (2) by redesignating subparagraph (B) as subparagraph 
        (C); and
          (3) by inserting after subparagraph (A) the following 
        new subparagraph:
                  ``(B) includes an exchange, reduction, or 
                forgiveness of Cuban debt owed to a foreign 
                country in return for a grant of an equity 
                interest in a property, investment, or 
                operation of the Government of Cuba (including 
                the government of any political subdivision of 
                Cuba, and any agency or instrumentality of the 
                Government of Cuba) or of a Cuban national; 
                and''; and
          (4) by adding at the end the following flush 
        sentence:
        ``As used in this paragraph, 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'.''.
    (g) Telecommunications services.--Section 1705(e) of the 
Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)) is amended by 
adding at the end the following new paragraphs:
          ``(5) Prohibition on investment in domestic 
        telecommunications services.--Nothing in this 
        subsection shall be construed to authorize the 
        investment by any United States person in the domestic 
        telecommunications network within Cuba. For purposes of 
        this paragraph, an `investment' in the domestic 
        telecommunications network within Cuba includes the 
        contribution (including by donation) of funds or 
        anything of value to or for, and the making of loans to 
        or for, such network.
          ``(6) Reports to congress.--The President shall 
        submit to the Congress on a semiannual basis a report 
        detailing payments made to Cuba by any United States 
        person as a result of the provision of 
        telecommunications services authorized by this 
        subsection.''.
    (h) Codification of Economic Embargo.--The economic embargo 
of Cuba, as in effect on March 1, 1996, including all 
restrictions under part 515 of title 31, Code of Federal 
Regulations, shall be in effect upon the enactment of this Act, 
and shall remain in effect, subject to section 204 of this Act.

SEC. 103.\11\ PROHIBITION AGAINST INDIRECT FINANCING OF CUBA.

    (a) Prohibition.--Notwithstanding any other provision of 
law, no loan, credit, or other financing may be extended 
knowingly by a United States national, a permanent resident 
alien, or a United States agency to any person for the purpose 
of financing transactions involving any confiscated property 
the claim to which is owned by a United States national as of 
the date of the enactment of this Act, except for financing by 
the United States national owning such claim for a transaction 
permitted under United States law.
---------------------------------------------------------------------------
    \11\22 U.S.C. 6033.
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    (b) Suspension and Termination of Prohibition.--
          (1) Suspension.--The President is authorized to 
        suspend the prohibition contained in subsection (a) 
        upon a determination made under section 203(c)(1) that 
        a transition government in Cuba is in power.
          (2) Termination.--The prohibition contained in 
        subsection (a) shall cease to apply on the date on 
        which the economic embargo of Cuba terminates as 
        provided in section 204.
    (c) Penalties.--Violations of subsection (a) shall be 
punishable by such civil penalties as are applicable to 
violations of the Cuban Assets Control Regulations set forth in 
part 515 of title 31, Code of Federal Regulations.
    (d) Definitions.--As used in this section--
          (1) the term ``permanent resident alien'' means an 
        alien lawfully admitted for permanent residence into 
        the United States; and
          (2) the term ``United States agency'' has the meaning 
        given the term ``agency'' in section 551(1) of title 5, 
        United States Code.

SEC. 104.\12\ UNITED STATES OPPOSITION TO CUBAN MEMBERSHIP IN 
                    INTERNATIONAL FINANCIAL INSTITUTIONS.

    (a) Continued Opposition to Cuban Membership in 
International Financial Institutions.--
---------------------------------------------------------------------------
    \12\22 U.S.C. 6034.
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          (1) In general.--Except as provided in paragraph (2), 
        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 the admission of Cuba as a 
        member of such institution until the President submits 
        a determination under section 203(c)(3) that a 
        democratically elected government in Cuba is in power.
          (2) Transition government.--Once the President 
        submits a determination under section 203(c)(1) that a 
        transition government in Cuba is in power--
                  (A) the President is encouraged to take steps 
                to support the processing of Cuba's application 
                for membership in any international financial 
                institution, subject to the membership taking 
                effect after a democratically elected 
                government in Cuba is in power, and
                  (B) the Secretary of the Treasury is 
                authorized to instruct the United States 
                executive director of each international 
                financial institution to support loans or other 
                assistance to Cuba only to the extent that such 
                loans or assistance contribute to a stable 
                foundation for a democratically elected 
                government in Cuba.
    (b) Reduction in United States Payments to International 
Financial Institutions.--If any international financial 
institution approves a loan or other assistance to the Cuban 
Government over the opposition of the United States, then the 
Secretary of the Treasury shall withhold from payment to such 
institution an amount equal to the amount of the loan or other 
assistance, with respect to either of the following types of 
payment:
          (1) The paid-in portion of the increase in capital 
        stock of the institution.
          (2) The callable portion of the increase in capital 
        stock of the institution.
    (c) Definition.--For purposes of this section, the term 
``international financial institution'' means 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 Inter-American Development Bank.

SEC. 105.\13\ UNITED STATES OPPOSITION TO TERMINATION OF THE SUSPENSION 
                    OF THE CUBAN GOVERNMENT FROM PARTICIPATION IN THE 
                    ORGANIZATION OF AMERICAN STATES.

    The President should instruct the United States Permanent 
Representative to the Organization of American States to oppose 
and vote against any termination of the suspension of the Cuban 
Government from participation in the Organization until the 
President determines under section 203(c)(3) that a 
democratically elected government in Cuba is in power.
---------------------------------------------------------------------------
    \13\22 U.S.C. 6035.
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SEC. 106.\14\ ASSISTANCE BY THE INDEPENDENT STATES OF THE FORMER SOVIET 
                    UNION FOR THE CUBAN GOVERNMENT.

    (a) Reporting Requirement.--Not later than 90 days after 
the date of the enactment of this Act, the President shall 
submit to the appropriate congressional committees a report 
detailing progress toward the withdrawal of personnel of any 
independent state of the former Soviet Union (within the 
meaning of section 3 of the FREEDOM Support Act (22 U.S.C. 
5801)), including advisers, technicians, and military 
personnel, from the Cienfuegos nuclear facility in Cuba.
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    \14\22 U.S.C. 6036. For the Foreign Assistance Act of 1961, as 
amended, see Legislation on Foreign Relations Through 1997, vol. I-A.
---------------------------------------------------------------------------
    (b) Criteria for Assistance.--Section 498A(a)(11) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2295a(a)(11)) is 
amended by striking ``of military facilities'' and inserting 
``military and intelligence facilities, including the military 
and intelligence facilities at Lourdes and Cienfuegos''.
    (c) Ineligibility for Assistance.--
          (1) In general.--Section 498A(b) of that Act (22 
        U.S.C. 2295a(b)) is amended--
                  (A) by striking ``or'' at the end of 
                paragraph (4);
                  (B) by redesignating paragraph (5) as 
                paragraph (6); and
                  (C) by inserting after paragraph (4) the 
                following new paragraph:
          ``(5) 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''
          (2) Definition--Subsection (k) of section 498B of 
        that Act (22 U.S.C. 2295b(k)) is amended by adding at 
        the end the following new paragraph:
          ``(3) 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--
                  ``(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'.''.
          (3) Exception.--Section 498A(c) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2295A(c)) is amended 
        by inserting after paragraph (3) the following new 
        paragraph:
          ``(4) The assistance is provided under the secondary 
        school exchange program administered by the United 
        States Information Agency.'.
    (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.
          (2) Reduction in assistance.--Section 498A of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is 
        amended by adding at the end the following new 
        subsection:
    ``(d) Reduction in Assistance for Support of Intelligence 
Facilities in Cuba.--
          ``(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. 107.\15\ TELEVISION BROADCASTING TO CUBA.

    (a) Conversion to UHF.--The Director of the United States 
Information Agency shall implement a conversion of television 
broadcasting to Cuba under the Television Marti Service to 
ultra high frequency (UHF) broadcasting.
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    \15\22 U.S.C. 6037. For other legislation relating to broadcasting 
to Cuba, see Legislation on Foreign Relations Through 1997, vol. II.
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    (b) Periodic Reports.--Not later than 45 days after the 
date of the enactment of this Act, and every three months 
thereafter until the conversion described in subsection (a) is 
fully implemented, the Director of the United States 
Information Agency shall submit a report to the appropriate 
congressional committees on the progress made in carrying out 
subsection (a).
    (c) Termination of Broadcasting Authorities.--Upon 
transmittal of a determination under section 203(c)(3), the 
Television Broadcasting to Cuba Act (22 U.S.C. 1465aa and 
following) and the Radio Broadcasting to Cuba Act (22 U.S.C. 
1465 and following) are repealed.

SEC. 108.\16\ REPORTS ON COMMERCE WITH, AND ASSISTANCE TO, CUBA FROM 
                    OTHER FOREIGN COUNTRIES.

    (a) Reports Required.--Not later than 90 days after the 
date of the enactment of this Act, and by January 1 of each 
year thereafter until the President submits a determination 
under section 203(c)(1), the President shall submit a report to 
the appropriate congressional committees on commerce with, and 
assistance to, Cuba from other foreign countries during the 
preceding 12-month period.
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    \16\22 U.S.C. 6038.
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    (b) Contents of Reports.--Each report required by 
subsection (a) shall, for the period covered by the report, 
contain the following, to the extent such information is 
available:
          (1) A description of all bilateral assistance 
        provided to Cuba by other foreign countries, including 
        humanitarian assistance.
          (2) A description of Cuba's commerce with foreign 
        countries, including an identification of Cuba's 
        trading partners and the extent of such trade.
          (3) A description of the joint ventures completed, or 
        under consideration, by foreign nationals and business 
        firms involving facilities in Cuba, including an 
        identification of the location of the facilities 
        involved and a description of the terms of agreement of 
        the joint ventures and the names of the parties that 
        are involved.
          (4) A determination as to whether or not any of the 
        facilities described in paragraph (3) is the subject of 
        a claim against Cuba by a United States national.
          (5) A determination of the amount of debt of the 
        Cuban Government that is owed to each foreign country, 
        including--
                  (A) the amount of debt exchanged, forgiven, 
                or reduced under the terms of each investment 
                or operation in Cuba involving foreign 
                nationals; and
                  (B) the amount of debt owed the foreign 
                country that has been exchanged, forgiven, or 
                reduced 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.
          (6) A description of the steps taken to assure that 
        raw materials and semifinished or finished goods 
        produced by facilities in Cuba involving foreign 
        nationals do not enter the United States market, either 
        directly or through third countries or parties.
          (7) An identification of countries that purchase, or 
        have purchased, arms or military supplies from Cuba or 
        that otherwise have entered into agreements with Cuba 
        that have a military application, including--
                  (A) a description of the military supplies, 
                equipment, or other material sold, bartered, or 
                exchanged between Cuba and such countries,
                  (B) a listing of the goods, services, 
                credits, or other consideration received by 
                Cuba in exchange for military supplies, 
                equipment, or material, and
                  (C) the terms or conditions of any such 
                agreement.

SEC. 109.\17\ AUTHORIZATION OF SUPPORT FOR DEMOCRATIC AND HUMAN RIGHTS 
                    GROUPS AND INTERNATIONAL OBSERVERS.

    (a) Authorization.--Notwithstanding any other provision of 
law (including section 102 of this Act), except for section 
634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1) 
and comparable notification requirements contained in any Act 
making appropriations for foreign operations, export financing, 
and related programs, the President is authorized to furnish 
assistance and provide other support for individuals and 
independent nongovernmental organizations to support democracy-
building efforts for Cuba, including the following:
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    \17\22 U.S.C. 6039.
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          (1) Published and informational matter, such as 
        books, videos, and cassettes, on transitions to 
        democracy, human rights, and market economies, to be 
        made available to independent democratic groups in 
        Cuba.
          (2) Humanitarian assistance to victims of political 
        repression, and their families.
          (3) Support for democratic and human rights groups in 
        Cuba.
          (4) Support for visits and permanent deployment of 
        independent international human rights monitors in 
        Cuba.
    (b) OAS Emergency Fund.--
          (1) For support of human rights and elections.--The 
        President shall take the necessary steps to encourage 
        the Organization of American States to create a special 
        emergency fund for the explicit purpose of deploying 
        human rights observers, election support, and election 
        observation in Cuba.
          (2) Action of other member states.--The President 
        should instruct the United States Permanent 
        Representative to the Organization of American States 
        to encourage other member states of the Organization to 
        join in calling for the Cuban Government to allow the 
        immediate deployment of independent human rights 
        monitors of the Organization throughout Cuba and on-
        site visits to Cuba by the Inter-American Commission on 
        Human Rights.
          (3) Voluntary contributions for fund.--
        Notwithstanding section 307 of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2227) or any other provision of 
        law limiting the United States proportionate share of 
        assistance to Cuba by any international organization, 
        the President should provide not less than $5,000,000 
        of the voluntary contributions of the United States to 
        the Organization of American States solely for the 
        purposes of the special fund referred to in paragraph 
        (1).
    (c) Denial of Funds to the Cuban Government.--In 
implementing this section, the President shall take all 
necessary steps to ensure that no funds or other assistance is 
provided to the Cuban Government.

SEC. 110.\18\ IMPORTATION SAFEGUARD AGAINST CERTAIN CUBAN PRODUCTS.

    (a) Prohibition on Import of and Dealings in Cuban 
Products.--The Congress notes that section 515.204 of title 31, 
Code of Federal Regulations, prohibits the entry of, and 
dealings outside the United States in, merchandise that--
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    \18\22 U.S.C. 6040.
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          (1) is of Cuban origin;
          (2) is or has been located in or transported from or 
        through Cuba; or
          (3) is made or derived in whole or in part of any 
        article which is the growth, produce, or manufacture of 
        Cuba.
    (b) Effect of NAFTA.--The Congress notes that United States 
accession to the North American Free Trade Agreement does not 
modify or alter the United States sanctions against Cuba. The 
statement of administrative action accompanying that trade 
agreement specifically states the following:
          (1) ``The NAFTA rules of origin will not in any way 
        diminish the Cuban sanctions program. . . . Nothing in 
        the NAFTA would operate to override this 
        prohibition.''.
          (2) ``Article 309(3) [of the NAFTA] permits the 
        United States to ensure that Cuban products or goods 
        made from Cuban materials are not imported into the 
        United States from Mexico or Canada and that United 
        States products are not exported to Cuba through those 
        countries.''.
    (c) Restriction of Sugar Imports.--The Congress notes that 
section 902(c) of the Food Security Act of 1985 (Public Law 99-
198) requires the President not to allocate any of the sugar 
import quota to a country that is a net importer of sugar 
unless appropriate officials of that country verify to the 
President that the country does not import for reexport to the 
United States any sugar produced in Cuba.
    (d) Assurance Regarding Sugar Products.--Protection of 
essential security interests of the United States requires 
assurances that sugar products that are entered, or withdrawn 
from warehouse for consumption, into the customs territory of 
the United States are not products of Cuba.

SEC. 111.\19\ WITHHOLDING OF FOREIGN ASSISTANCE FROM COUNTRIES 
                    SUPPORTING JURAGUA NUCLEAR PLANT IN CUBA.

    (a) Findings.--The Congress makes the following findings:
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    \19\22 U.S.C. 6041.
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          (1) President Clinton stated in April 1993 that the 
        United States opposed the construction of the Juragua 
        nuclear power plant because of the concerns of the 
        United States about Cuba's ability to ensure the safe 
        operation of the facility and because of Cuba's refusal 
        to sign the Nuclear Non-Proliferation Treaty or ratify 
        the Treaty of Tlatelolco.
          (2) Cuba has not signed the Treaty on the Non-
        Proliferation of Nuclear Weapons or ratified the Treaty 
        of Tlatelolco, the latter of which establishes Latin 
        America and the Caribbean as a nuclear weapons-free 
        zone.
          (3) The State Department, the Nuclear Regulatory 
        Commission, and the Department of Energy have expressed 
        concerns about the construction and operation of Cuba's 
        nuclear reactors.
          (4) In a September 1992 report to the Congress, the 
        General Accounting Office outlined concerns among 
        nuclear energy experts about deficiencies in the 
        nuclear plant project in Juragua, near Cienfuegos, 
        Cuba, including--
                  (A) a lack in Cuba of a nuclear regulatory 
                structure;
                  (B) the absence in Cuba of an adequate 
                infrastructure to ensure the plant's safe 
                operation and requisite maintenance;
                  (C) the inadequacy of training of plant 
                operators;
                  (D) reports by a former technician from Cuba 
                who, by examining with x-rays weld sites 
                believed to be part of the auxiliary plumbing 
                system for the plant, found that 10 to 15 
                percent of those sites were defective;
                  (E) since September 5, 1992, when 
                construction on the plant was halted, the 
                prolonged exposure to the elements, including 
                corrosive salt water vapor, of the primary 
                reactor components; and
                  (F) the possible inadequacy of the upper 
                portion of the reactors' dome retention 
                capability to withstand only 7 pounds of 
                pressure per square inch, given that normal 
                atmospheric pressure is 32 pounds per square 
                inch and United States reactors are designed to 
                accommodate pressures of 50 pounds per square 
                inch.
          (5) The United States Geological Survey claims that 
        it had difficulty determining answers to specific 
        questions regarding earthquake activity in the area 
        near Cienfuegos because the Cuban Government was not 
        forthcoming with information.
          (6) The Geological Survey has indicated that the 
        Caribbean plate, a geological formation near the south 
        coast of Cuba, may pose seismic risks to Cuba and the 
        site of the power plant, and may produce large to 
        moderate earthquakes.
          (7) On May 25, 1992, the Caribbean plate produced an 
        earthquake numbering 7.0 on the Richter scale.
          (8) According to a study by the National Oceanic and 
        Atmospheric Administration, summer winds could carry 
        radioactive pollutants from a nuclear accident at the 
        power plant throughout all of Florida and parts of the 
        States on the coast of the Gulf of Mexico as far as 
        Texas, and northern winds could carry the pollutants as 
        far northeast as Virginia and Washington, D.C.
          (9) The Cuban Government, under dictator Fidel 
        Castro, in 1962 advocated the Soviets' launching of 
        nuclear missiles to the United States, which 
        represented a direct and dangerous provocation of the 
        United States and brought the world to the brink of a 
        nuclear conflict.
          (10) Fidel Castro over the years has consistently 
        issued threats against the United States Government, 
        most recently that he would unleash another perilous 
        mass migration from Cuba upon the enactment of this 
        Act.
          (11) Despite the various concerns about the plant's 
        safety and operational problems, a feasibility study is 
        being conducted that would establish a support group to 
        include Russia, Cuba, and third countries with the 
        objective of completing and operating the plant.
    (b) Withholding of Foreign Assistance.--
          (1) In general.--Notwithstanding any other provision 
        of law, the President shall withhold from assistance 
        allocated, on or after the date of the enactment of 
        this Act, for any country an amount equal to the sum of 
        assistance and credits, if any, provided on or after 
        such date of enactment by that country or any entity in 
        that country in support of the completion of the Cuban 
        nuclear facility at Juragua, near Cienfuegos, Cuba.
          (2) Exceptions.--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) the creation of private sector or 
                nongovernmental organizations that are 
                independent of government control;
                  (D) the development of a free market economic 
                system;
                  (E) assistance for the purposes described in 
                the Cooperative Threat Reduction Act of 1993 
                (title XII of Public Law 103-160); or
                  (F) assistance under the secondary school 
                exchange program administered by the United 
                States Information Agency.
          (3) Definition.--As used in paragraph (1), the term 
        ``assistance'' means assistance under the Foreign 
        Assistance Act of 1961, credits, sales, guarantees of 
        extensions of credit, and other assistance under the 
        Arms Export Control Act, assistance under titles I and 
        III of the Agricultural Trade Development and 
        Assistance Act of 1954, assistance under the FREEDOM 
        Support Act, and any other program of assistance or 
        credits provided by the United States to other 
        countries under other provisions of law.

SEC. 112.\20\ REINSTITUTION OF FAMILY REMITTANCES AND TRAVEL TO CUBA.

    It is the sense of the Congress that the President should--
---------------------------------------------------------------------------
    \20\22 U.S.C. 6042.
---------------------------------------------------------------------------
          (1)(A) before considering the reinstitution of 
        general licenses for family remittances to Cuba, insist 
        that, prior to such reinstitution, the Cuban Government 
        permit the unfettered operation of small businesses 
        fully empowered with the right to hire others to whom 
        they may pay wages and to buy materials necessary in 
        the operation of the businesses, and with such other 
        authority and freedom as are required to foster the 
        operation of small businesses throughout Cuba; and
          (B) if licenses described in subparagraph (A) are 
        reinstituted, require a specific license for 
        remittances described in subparagraph (A) in amounts of 
        more than $500; and
          (2) before considering the reinstitution of general 
        licenses for travel to Cuba by individuals resident in 
        the United States who are family members of Cuban 
        nationals who are resident in Cuba, insist on such 
        actions by the Cuban Government as abrogation of the 
        sanction for departure from Cuba by refugees, release 
        of political prisoners, recognition of the right of 
        association, and other fundamental freedoms.

SEC. 113.\21\ EXPULSION OF CRIMINALS FROM CUBA.

    The President shall instruct all United States Government 
officials who engage in official contacts with the Cuban 
Government to raise on a regular basis the extradition of or 
rendering to the United States all persons residing in Cuba who 
are sought by the United States Department of Justice for 
crimes committed in the United States.
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    \21\22 U.S.C. 6043.
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SEC. 114.\22\ NEWS BUREAUS IN CUBA.

    (a) Establishment of News Bureaus.--The President is 
authorized to establish and implement an exchange of news 
bureaus between the United States and Cuba, if the exchange 
meets the following conditions:
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    \22\22 U.S.C. 6044.
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          (1) The exchange is fully reciprocal.
          (2) The Cuban Government agrees not to interfere with 
        the establishment of news bureaus or with the movement 
        in Cuba of journalists of any United States-based news 
        organizations, including Radio Marti and Television 
        Marti.
          (3) The Cuban Government agrees not to interfere with 
        decisions of United States-based news organizations 
        with respect to individuals assigned to work as 
        journalists in their news bureaus in Cuba.
          (4) The Department of the Treasury is able to ensure 
        that only accredited journalists regularly employed 
        with a news gathering organization travel to Cuba under 
        this subsection.
          (5) The Cuban Government agrees not to interfere with 
        the transmission of telecommunications signals of news 
        bureaus or with the distribution within Cuba of 
        publications of any United States-based news 
        organization that has a news bureau in Cuba.
    (b) Assurance Against Espionage.--In implementing this 
section, the President shall take all necessary steps to ensure 
the safety and security of the United States against espionage 
by Cuban journalists it believes to be working for the 
intelligence agencies of the Cuban Government.
    (c) Fully Reciprocal.--As used in subsection (a)(1), the 
term ``fully reciprocal'' means that all news services, news 
organizations, and broadcasting services, including such 
services or organizations that receive financing, assistance, 
or other support from a governmental or official source, are 
permitted to establish and operate a news bureau in the United 
States and Cuba.

SEC. 115.\23\ EFFECT OF ACT ON LAWFUL UNITED STATES GOVERNMENT 
                    ACTIVITIES.

    Nothing in this Act prohibits any lawfully authorized 
investigative, protective, or intelligence activity of a law 
enforcement agency, or of an intelligence agency, of the United 
States.
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    \23\22 U.S.C. 6045.
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SEC. 116.\24\ CONDEMNATION OF CUBAN ATTACK ON AMERICAN AIRCRAFT.

    (a) Findings.--The Congress makes the following findings:
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    \24\22 U.S.C. 6046.
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          (1) Brothers to the Rescue is a Miami-based 
        humanitarian organization engaged in searching for and 
        aiding Cuban refugees in the Straits of Florida, and 
        was engaged in such a mission on Saturday, February 24, 
        1996.
          (2) The members of Brothers to the Rescue were flying 
        unarmed and defenseless planes in a mission identical 
        to hundreds they have flown since 1991 and posed no 
        threat whatsoever to the Cuban Government, the Cuban 
        military, or the Cuban people.
          (3) Statements by the Cuban Government that Brothers 
        to the Rescue has engaged in covert operations, bombing 
        campaigns, and commando operations against the 
        Government of Cuba have no basis in fact.
          (4) The Brothers to the Rescue aircraft notified air 
        traffic controllers as to their flight plans, which 
        would take them south of the 24th parallel and close to 
        Cuban airspace.
          (5) International law provides a nation with airspace 
        over the 12-mile territorial sea.
          (6) The response of Fidel Castro's dictatorship to 
        Saturday's afternoon flight was to scramble 2 fighter 
        jets from a Havana airfield.
          (7) At approximately 3:24 p.m., the pilot of one of 
        the Cuban MiGs received permission and proceeded to 
        shoot down one Brothers to the Rescue airplane more 
        than 6 miles north of the Cuban exclusion zone, or 18 
        miles from the Cuban coast.
          (8) Approximately 7 minutes later, the pilot of the 
        Cuban fighter jet received permission and proceeded to 
        shoot down the second Brothers to the Rescue airplane 
        almost 18.5 miles north of the Cuban exclusion zone, or 
        30.5 miles from the Cuban coast.
          (9) The Cuban dictatorship, if it truly felt 
        threatened by the flight of these unarmed aircraft, 
        could have and should have pursued other peaceful 
        options as required by international law.
          (10) The response chosen by Fidel Castro, the use of 
        lethal force, was completely inappropriate to the 
        situation presented to the Cuban Government, making 
        such actions a blatant and barbaric violation of 
        international law and tantamount to cold-blooded 
        murder.
          (11) There were no survivors of the attack on these 
        aircraft, and the crew of a third aircraft managed to 
        escape this criminal attack by Castro's Air Force.
          (12) The crew members of the destroyed planes, Pablo 
        Morales, Carlos Costa, Mario de la Pena, and Armando 
        Alejandre, were United States citizens from Miami 
        flying with Brothers to the Rescue on a voluntary 
        basis.
          (13) It is incumbent upon the United States 
        Government to protect the lives and livelihoods of 
        United States citizens as well as the rights of free 
        passage and humanitarian missions.
          (14) This premeditated act took place after a week-
        long wave of repression by the Cuban Government against 
        Concilio Cubano, an umbrella organization of human 
        rights activists, dissidents, independent economists, 
        and independent journalists, among others.
          (15) The wave of repression against Concilio Cubano, 
        whose membership is committed to peaceful democratic 
        change in Cuba, included arrests, strip searches, house 
        arrests, and in some cases sentences to more than 1 
        year in jail.
    (b) Statements by the Congress.--(1) The Congress strongly 
condemns the act of terrorism by the Castro regime in shooting 
down the Brothers to the Rescue aircraft on February 24, 1996.
    (2) The Congress extends its condolences to the families of 
Pablo Morales, Carlos Costa, Mario de la Pena, and Armando 
Alejandre, the victims of the attack.
    (3) The Congress urges the President to seek, in the 
International Court of Justice, indictment for this act of 
terrorism by Fidel Castro.

          TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA

SEC. 201.\25\ POLICY TOWARD A TRANSITION GOVERNMENT AND A 
                    DEMOCRATICALLY ELECTED GOVERNMENT IN CUBA.

    The policy of the United States is as follows:
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    \25\22 U.S.C. 6061.
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          (1) To support the self-determination of the Cuban 
        people.
          (2) To recognize that the self-determination of the 
        Cuban people is a sovereign and national right of the 
        citizens of Cuba which must be exercised free of 
        interference by the government of any other country.
          (3) To encourage the Cuban people to empower 
        themselves with a government which reflects the self-
        determination of the Cuban people.
          (4) To recognize the potential for a difficult 
        transition from the current regime in Cuba that may 
        result from the initiatives taken by the Cuban people 
        for self-determination in response to the intransigence 
        of the Castro regime in not allowing any substantive 
        political or economic reforms, and to be prepared to 
        provide the Cuban people with humanitarian, 
        developmental, and other economic assistance.
          (5) In solidarity with the Cuban people, to provide 
        appropriate forms of assistance--
                  (A) to a transition government in Cuba;
                  (B) to facilitate the rapid movement from 
                such a transition government to a 
                democratically elected government in Cuba that 
                results from an expression of the self-
                determination of the Cuban people; and
                  (C) to support such a democratically elected 
                government.
          (6) Through such assistance, to facilitate a peaceful 
        transition to representative democracy and a market 
        economy in Cuba and to consolidate democracy in Cuba.
          (7) To deliver such assistance to the Cuban people 
        only through a transition government in Cuba, through a 
        democratically elected government in Cuba, through 
        United States Government organizations, or through 
        United States, international, or indigenous 
        nongovernmental organizations.
          (8) To encourage other countries and multilateral 
        organizations to provide similar assistance, and to 
        work cooperatively with such countries and 
        organizations to coordinate such assistance.
          (9) To ensure that appropriate assistance is rapidly 
        provided and distributed to the people of Cuba upon the 
        institution of a transition government in Cuba.
          (10) Not to provide favorable treatment or influence 
        on behalf of any individual or entity in the selection 
        by the Cuban people of their future government.
          (11) To assist a transition government in Cuba and a 
        democratically elected government in Cuba to prepare 
        the Cuban military forces for an appropriate role in a 
        democracy.
          (12) To be prepared to enter into negotiations with a 
        democratically elected government in Cuba either to 
        return the United States Naval Base at Guantanamo to 
        Cuba or to renegotiate the present agreement under 
        mutually agreeable terms.
          (13) To consider the restoration of diplomatic 
        recognition and support the reintegration of the Cuban 
        Government into Inter-American organizations when the 
        President determines that there exists a democratically 
        elected government in Cuba.
          (14) To take steps to remove the economic embargo of 
        Cuba when the President determines that a transition to 
        a democratically elected government in Cuba has begun.
          (15) To assist a democratically elected government in 
        Cuba to strengthen and stabilize its national currency.
          (16) To pursue trade relations with a free, 
        democratic, and independent Cuba.

SEC. 202.\26\ ASSISTANCE FOR THE CUBAN PEOPLE.

    (a) Authorization.--
          (1) In general.--The President shall develop a plan 
        for providing economic assistance to Cuba at such time 
        as the President determines that a transition 
        government or a democratically elected government in 
        Cuba (as determined under section 203(c)) is in power.
---------------------------------------------------------------------------
    \26\22 U.S.C. 6062.
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          (2) Effect on other laws.--Assistance may be provided 
        under this section subject to an authorization of 
        appropriations and subject to the availability of 
        appropriations.
    (b) Plan for Assistance.--
          (1) Development of plan.--The President shall develop 
        a plan for providing assistance under this section--
                  (A) to Cuba when a transition government in 
                Cuba is in power; and
                  (B) to Cuba when a democratically elected 
                government in Cuba is in power.
          (2) Types of assistance.--Assistance under the plan 
        developed under paragraph (1) may, subject to an 
        authorization of appropriations and subject to the 
        availability of appropriations, include the following:
                  (A) Transition government.--(i) Except as 
                provided in clause (ii), assistance to Cuba 
                under a transition government shall, subject to 
                an authorization of appropriations and subject 
                to the availability of appropriations, be 
                limited to--
                          (I) such food, medicine, medical 
                        supplies and equipment, and assistance 
                        to meet emergency energy needs, as is 
                        necessary to meet the basic human needs 
                        of the Cuban people; and
                          (II) assistance described in 
                        subparagraph (C).
                  (ii) Assistance in addition to assistance 
                under clause (i) may be provided, but only 
                after the President certifies to the 
                appropriate congressional committees, in 
                accordance with procedures applicable to 
                reprogramming notifications under section 634A 
                of the Foreign Assistance Act of 1961, that 
                such assistance is essential to the successful 
                completion of the transition to democracy.
                  (iii) Only after a transition government in 
                Cuba is in power, freedom of individuals to 
                travel to visit their relatives without any 
                restrictions shall be permitted.
                  (B) Democratically elected government.--
                Assistance to a democratically elected 
                government in Cuba may, subject to an 
                authorization of appropriations and subject to 
                the availability of appropriations, consist of 
                economic assistance in addition to assistance 
                available under subparagraph (A), together with 
                assistance described in subparagraph (C). Such 
                economic assistance may include--
                          (i) 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;
                          (ii) assistance under the 
                        Agricultural Trade Development and 
                        Assistance Act of 1954;
                          (iii) financing, guarantees, and 
                        other forms of assistance provided by 
                        the Export-Import Bank of the United 
                        States;
                          (iv) financial support provided by 
                        the Overseas Private Investment 
                        Corporation for investment projects in 
                        Cuba;
                          (v) assistance provided by the Trade 
                        and Development Agency;
                          (vi) Peace Corps programs; and
                          (vii) other appropriate assistance to 
                        carry out the policy of section 201.
                  (C) Military adjustment assistance.--
                Assistance to a transition government in Cuba 
                and to a democratically elected government in 
                Cuba shall also include assistance in preparing 
                the Cuban military forces to adjust to an 
                appropriate role in a democracy.
    (c) Strategy for Distribution.--The plan developed under 
subsection (b) shall include a strategy for distributing 
assistance under the plan.
    (d) Distribution.--Assistance under the plan developed 
under subsection (b) shall be provided through United States 
Government organizations and nongovernmental organizations and 
private and voluntary organizations, whether within or outside 
the United States, including humanitarian, educational, labor, 
and private sector organizations.
    (e) International Efforts.--The President shall take the 
necessary steps--
          (1) to seek to obtain the agreement of other 
        countries and of international financial institutions 
        and multilateral organizations to provide to a 
        transition government in Cuba, and to a democratically 
        elected government in Cuba, assistance comparable to 
        that provided by the United States under this Act; and
          (2) to work with such countries, institutions, and 
        organizations to coordinate all such assistance 
        programs.
    (f) Communication With the Cuban People.--The President 
shall take the necessary steps to communicate to the Cuban 
people the plan for assistance developed under this section.
    (g) Report to Congress.--Not later than 180 days after the 
date of the enactment of this Act, the President shall transmit 
to the appropriate congressional committees a report describing 
in detail the plan developed under this section.
    (h) Report on Trade and Investment Relations.--
          (1) Report to congress.--The President, following the 
        transmittal to the Congress of a determination under 
        section 203(c)(3) that a democratically elected 
        government in Cuba is in power, shall submit to the 
        Committee on Ways and Means of the House of 
        Representatives and the Committee on Finance of the 
        Senate and the appropriate congressional committees a 
        report that describes--
                  (A) acts, policies, and practices which 
                constitute significant barriers to, or 
                distortions of, United States trade in goods or 
                services or foreign direct investment with 
                respect to Cuba;
                  (B) policy objectives of the United States 
                regarding trade relations with a democratically 
                elected government in Cuba, and the reasons 
                therefor, including possible--
                          (i) reciprocal extension of 
                        nondiscriminatory trade treatment 
                        (most-favored-nation treatment);
                          (ii) designation of Cuba as a 
                        beneficiary developing country under 
                        title V of the Trade Act of 1974 
                        (relating to the Generalized System of 
                        Preferences) or as a beneficiary 
                        country under the Caribbean Basin 
                        Economic Recovery Act, and the 
                        implications of such designation with 
                        respect to trade with any other country 
                        that is such a beneficiary developing 
                        country or beneficiary country or is a 
                        party to the North American Free Trade 
                        Agreement; and
                          (iii) negotiations regarding free 
                        trade, including the accession of Cuba 
                        to the North American Free Trade 
                        Agreement;
                  (C) specific trade negotiating objectives of 
                the United States with respect to Cuba, 
                including the objectives described in section 
                108(b)(5) of the North American Free Trade 
                Agreement Implementation Act (19 U.S.C. 
                3317(b)(5)); and
                  (D) actions proposed or anticipated to be 
                undertaken, and any proposed legislation 
                necessary or appropriate, to achieve any of 
                such policy and negotiating objectives.
          (2) Consultation.--The President shall consult with 
        the Committee on Ways and Means of the House of 
        Representatives and the Committee on Finance of the 
        Senate and the appropriate congressional committees and 
        shall seek advice from the appropriate advisory 
        committees established under section 135 of the Trade 
        Act of 1974 regarding the policy and negotiating 
        objectives and the legislative proposals described in 
        paragraph (1).

SEC. 203.\27\ COORDINATION OF ASSISTANCE PROGRAM; IMPLEMENTATION AND 
                    REPORTS TO CONGRESS; REPROGRAMMING.

    (a) Coordinating Official.--The President shall designate a 
coordinating official who shall be responsible for--
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    \27\22 U.S.C. 6063.
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          (1) implementing the strategy for distributing 
        assistance described in section 202(b);
          (2) ensuring the speedy and efficient distribution of 
        such assistance; and
          (3) ensuring coordination among, and appropriate 
        oversight by, the agencies of the United States that 
        provide assistance described in section 202(b), 
        including resolving any disputes among such agencies.
    (b) United States--Cuba Council.--Upon making a 
determination under subsection (c)(3) that a democratically 
elected government in Cuba is in power, the President, after 
consultation with the coordinating official, is authorized to 
designate a United States-Cuba council--
          (1) to ensure coordination between the United States 
        Government and the private sector in responding to 
        change in Cuba, and in promoting market-based 
        development in Cuba; and
          (2) to establish periodic meetings between 
        representatives of the United States and Cuban private 
        sectors for the purpose of facilitating bilateral 
        trade.
    (c) Implementation of Plan; Reports to Congress.--
          (1) Implementation with respect to transition 
        government.--Upon making a determination that a 
        transition government in Cuba is in power, the 
        President shall transmit that determination to the 
        appropriate congressional committees and shall, subject 
        to an authorization of appropriations and subject to 
        the availability of appropriations, commence the 
        delivery and distribution of assistance to such 
        transition government under the plan developed under 
        section 202(b).
          (2) Reports to congress.--(A) The President shall 
        transmit to the appropriate congressional committees a 
        report setting forth the strategy for providing 
        assistance described in section 202(b)(2) (A) and (C) 
        to the transition government in Cuba under the plan of 
        assistance developed under section 202(b), the types of 
        such assistance, and the extent to which such 
        assistance has been distributed in accordance with the 
        plan.
          (B) The President shall transmit the report not later 
        than 90 days after making the determination referred to 
        in paragraph (1), except that the President shall 
        transmit the report in preliminary form not later than 
        15 days after making that determination.
          (3) Implementation with respect to democratically 
        elected government.--The President shall, upon 
        determining that a democratically elected government in 
        Cuba is in power, submit that determination to the 
        appropriate congressional committees and shall, subject 
        to an authorization of appropriations and subject to 
        the availability of appropriations, commence the 
        delivery and distribution of assistance to such 
        democratically elected government under the plan 
        developed under section 202(b).
          (4) Annual reports to congress.--Not later than 60 
        days after the end of each fiscal year, the President 
        shall transmit to the appropriate congressional 
        committees a report on the assistance provided under 
        the plan developed under section 202(b), including a 
        description of each type of assistance, the amounts 
        expended for such assistance, and a description of the 
        assistance to be provided under the plan in the current 
        fiscal year.
    (d) Reprogramming.--Any changes in the assistance to be 
provided under the plan developed under section 202(b) may not 
be made unless the President notifies the appropriate 
congressional committees 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 (22 U.S.C. 2394-1).

SEC. 204.\28\ 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.
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    \28\22 U.S.C. 6064.
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    (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.\29\
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    \29\7 U.S.C. 1446g note.
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    (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.

SEC. 205.\30\ REQUIREMENTS AND FACTORS FOR DETERMINING A TRANSITION 
                    GOVERNMENT.

    (a) Requirements.--For the purposes of this Act, a 
transition government in Cuba is a government that--
---------------------------------------------------------------------------
    \30\22 U.S.C. 6065.
---------------------------------------------------------------------------
          (1) has legalized all political activity;
          (2) has released all political prisoners and allowed 
        for investigations of Cuban prisons by appropriate 
        international human rights organizations;
          (3) has dissolved the present Department of State 
        Security in the Cuban Ministry of the Interior, 
        including the Committees for the Defense of the 
        Revolution and the Rapid Response Brigades; and
          (4) has made public commitments to organizing free 
        and fair elections for a new government--
                  (A) to be held in a timely manner within a 
                period not to exceed 18 months after the 
                transition government assumes power;
                  (B) with the participation of multiple 
                independent political parties that have full 
                access to the media on an equal basis, 
                including (in the case of radio, television, or 
                other telecommunications media) in terms of 
                allotments of time for such access and the 
                times of day such allotments are given; and
                  (C) to be conducted under the supervision of 
                internationally recognized observers, such as 
                the Organization of American States, the United 
                Nations, and other election monitors;
          (5) has ceased any interference with Radio Marti or 
        Television Marti broadcasts;
          (6) makes public commitments to and is making 
        demonstrable progress in--
                  (A) establishing an independent judiciary;
                  (B) respecting internationally recognized 
                human rights and basic freedoms as set forth in 
                the Universal Declaration of Human Rights, to 
                which Cuba is a signatory nation;
                  (C) allowing the establishment of independent 
                trade unions as set forth in conventions 87 and 
                98 of the International Labor Organization, and 
                allowing the establishment of independent 
                social, economic, and political associations;
          (7) does not include Fidel Castro or Raul Castro; and
          (8) has given adequate assurances that it will allow 
        the speedy and efficient distribution of assistance to 
        the Cuban people.
    (b) Additional Factors.--In addition to the requirements in 
subsection (a), in determining whether a transition government 
in Cuba is in power, the President shall take into account the 
extent to which that government--
          (1) is demonstrably in transition from a communist 
        totalitarian dictatorship to representative democracy;
          (2) has made public commitments to, and is making 
        demonstrable progress in--
                  (A) effectively guaranteeing the rights of 
                free speech and freedom of the press, including 
                granting permits to privately owned media and 
                telecommunications companies to operate in 
                Cuba;
                  (B) permitting the reinstatement of 
                citizenship to Cuban-born persons returning to 
                Cuba;
                  (C) assuring the right to private property; 
                and
                  (D) taking appropriate steps to return to 
                United States citizens (and entities which are 
                50 percent or more beneficially owned by United 
                States citizens) property taken by the Cuban 
                Government from such citizens and entities on 
                or after January 1, 1959, or to provide 
                equitable compensation to such citizens and 
                entities for such property;
          (3) has extradited or otherwise rendered to the 
        United States all persons sought by the United States 
        Department of Justice for crimes committed in the 
        United States; and
          (4) has permitted the deployment throughout Cuba of 
        independent and unfettered international human rights 
        monitors.

SEC. 206.\31\ REQUIREMENTS FOR DETERMINING A DEMOCRATICALLY ELECTED 
                    GOVERNMENT.

    For purposes of this Act, a democratically elected 
government in Cuba, in addition to meeting the requirements of 
section 205(a), is a government which--
---------------------------------------------------------------------------
    \31\22 U.S.C. 6066.
---------------------------------------------------------------------------
          (1) results from free and fair elections--
                  (A) conducted under the supervision of 
                internationally recognized observers; and
                  (B) in which--
                          (i) opposition parties were permitted 
                        ample time to organize and campaign for 
                        such elections; and
                          (ii) all candidates were permitted 
                        full access to the media;
          (2) is showing respect for the basic civil liberties 
        and human rights of the citizens of Cuba;
          (3) is substantially moving toward a market-oriented 
        economic system based on the right to own and enjoy 
        property;
          (4) is committed to making constitutional changes 
        that would ensure regular free and fair elections and 
        the full enjoyment of basic civil liberties and human 
        rights by the citizens of Cuba;
          (5) has made demonstrable progress in establishing an 
        independent judiciary; and
          (6) has made demonstrable progress in returning to 
        United States citizens (and entities which are 50 
        percent or more beneficially owned by United States 
        citizens) property taken by the Cuban Government from 
        such citizens and entities on or after January 1, 1959, 
        or providing full compensation for such property in 
        accordance with international law standards and 
        practice.

SEC. 207.\32\ SETTLEMENT OF OUTSTANDING UNITED STATES CLAIMS TO 
                    CONFISCATED PROPERTY IN CUBA.

    (a) Report to Congress.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State shall 
provide a report to the appropriate congressional committees 
containing an assessment of the property dispute question in 
Cuba, including--
---------------------------------------------------------------------------
    \32\22 U.S.C. 6067.
---------------------------------------------------------------------------
          (1) an estimate of the number and amount of claims to 
        property confiscated by the Cuban Government that are 
        held by United States nationals in addition to those 
        claims certified under section 507 of the International 
        Claims Settlement Act of 1949;
          (2) an assessment of the significance of promptly 
        resolving confiscated property claims to the 
        revitalization of the Cuban economy;
          (3) a review and evaluation of technical and other 
        assistance that the United States could provide to help 
        either a transition government in Cuba or a 
        democratically elected government in Cuba establish 
        mechanisms to resolve property questions;
          (4) an assessment of the role and types of support 
        the United States could provide to help resolve claims 
        to property confiscated by the Cuban Government that 
        are held by United States nationals who did not receive 
        or qualify for certification under section 507 of the 
        International Claims Settlement Act of 1949; and
          (5) an assessment of any areas requiring legislative 
        review or action regarding the resolution of property 
        claims in Cuba prior to a change of government in Cuba.
    (d) Sense of Congres.--It is the sense of the Congress that 
the satisfactory resolution of property claims by a Cuban 
Government recognized by the United States remains an essential 
condition for the full resumption of economic and diplomatic 
relations between the United States and Cuba.

  TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS

SEC. 301.\33\ FINDINGS.

    The Congress makes the following findings:
---------------------------------------------------------------------------
    \33\22 U.S.C. 6081.
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          (1) Individuals enjoy a fundamental right to own and 
        enjoy property which is enshrined in the United States 
        Constitution.
          (2) The wrongful confiscation or taking of property 
        belonging to United States nationals by the Cuban 
        Government, and the subsequent exploitation of this 
        property at the expense of the rightful owner, 
        undermines the comity of nations, the free flow of 
        commerce, and economic development.
          (3) Since Fidel Castro seized power in Cuba in 1959--
                  (A) he has trampled on the fundamental rights 
                of the Cuban people; and
                  (B) through his personal despotism, he has 
                confiscated the property of--
                          (i) millions of his own citizens;
                          (ii) thousands of United States 
                        nationals; and
                          (iii) thousands more Cubans who 
                        claimed asylum in the United States as 
                        refugees because of persecution and 
                        later became naturalized citizens of 
                        the United States.
          (4) It is in the interest of the Cuban people that 
        the Cuban Government respect equally the property 
        rights of Cuban nationals and nationals of other 
        countries.
          (5) The Cuban Government is offering foreign 
        investors the opportunity to purchase an equity 
        interest in, manage, or enter into joint ventures using 
        property and assets some of which were confiscated from 
        United States nationals.
          (6) This ``trafficking'' in confiscated property 
        provides badly needed financial benefit, including hard 
        currency, oil, and productive investment and expertise, 
        to the current Cuban Government and thus undermines the 
        foreign policy of the United States--
                  (A) to bring democratic institutions to Cuba 
                through the pressure of a general economic 
                embargo at a time when the Castro regime has 
                proven to be vulnerable to international 
                economic pressure; and
                  (B) to protect the claims of United States 
                nationals who had property wrongfully 
                confiscated by the Cuban Government.
          (7) The United States Department of State has 
        notified other governments that the transfer to third 
        parties of properties confiscated by the Cuban 
        Government ``would complicate any attempt to return 
        them to their original owners''.
          (8) The international judicial system, as currently 
        structured, lacks fully effective remedies for the 
        wrongful confiscation of property and for unjust 
        enrichment from the use of wrongfully confiscated 
        property by governments and private entities at the 
        expense of the rightful owners of the property.
          (9) International law recognizes that a nation has 
        the ability to provide for rules of law with respect to 
        conduct outside its territory that has or is intended 
        to have substantial effect within its territory.
          (10) The United States Government has an obligation 
        to its citizens to provide protection against wrongful 
        confiscations by foreign nations and their citizens, 
        including the provision of private remedies.
          (11) To deter trafficking in wrongfully confiscated 
        property, United States nationals who were the victims 
        of these confiscations should be endowed with a 
        judicial remedy in the courts of the United States that 
        would deny traffickers any profits from economically 
        exploiting Castro's wrongful seizures.

SEC. 302.\34\ LIABILITY FOR TRAFFICKING IN CONFISCATED PROPERTY CLAIMED 
                    BY UNITED STATES NATIONALS.

    (a) Civil Remedy.--
---------------------------------------------------------------------------
    \34\22 U.S.C. 6082.
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          (1) Liability for trafficking.--(A) Except as 
        otherwise provided in this section, any person that, 
        after the end of the 3-month period beginning on the 
        effective date of this title, traffics in property 
        which was confiscated by the Cuban Government on or 
        after January 1, 1959, shall be liable to any United 
        States national who owns the claim to such property for 
        money damages in an amount equal to the sum of--
                  (i) the amount which is the greater of--
                          (I) the amount, if any, certified to 
                        the claimant by the Foreign Claims 
                        Settlement Commission under the 
                        International Claims Settlement Act of 
                        1949, plus interest;
                          (II) the amount determined under 
                        section 303(a)(2), plus interest; or
                          (III) the fair market value of that 
                        property, calculated as being either 
                        the current value of the property, or 
                        the value of the property when 
                        confiscated plus interest, whichever is 
                        greater; and
                  (ii) court costs and reasonable attorneys' 
                fees.
          (B) Interest under subparagraph (A)(i) shall be at 
        the rate set forth in section 1961 of title 28, United 
        States Code, computed by the court from the date of 
        confiscation of the property involved to the date on 
        which the action is brought under this subsection.
          (2) Presumption in favor of the certified claims.--
        There shall be a presumption that the amount for which 
        a person is liable under clause (i) of paragraph (1)(A) 
        is the amount that is certified as described in 
        subclause (I) of that clause. The presumption shall be 
        rebuttable by clear and convincing evidence that the 
        amount described in subclause (II) or (III) of that 
        clause is the appropriate amount of liability under 
        that clause.
          (3) Increased liability.--(A) Any person that 
        traffics in confiscated property for which liability is 
        incurred under paragraph (1) shall, if a United States 
        national owns a claim with respect to that property 
        which was certified by the Foreign Claims Settlement 
        Commission under title V of the International Claims 
        Settlement Act of 1949, be liable for damages computed 
        in accordance with subparagraph (C).
          (B) If the claimant in an action under this 
        subsection (other than a United States national to whom 
        subparagraph (A) applies) provides, after the end of 
        the 3-month period described in paragraph (1) notice 
        to--
                  (i) a person against whom the action is to be 
                initiated, or
                  (ii) a person who is to be joined as a 
                defendant in the action,
        at least 30 days before initiating the action or 
        joining such person as a defendant, as the case may be, 
        and that person, after the end of the 30-day period 
        beginning on the date the notice is provided, traffics 
        in the confiscated property that is the subject of the 
        action, then that person shall be liable to that 
        claimant for damages computed in accordance with 
        subparagraph (C).
          (C) Damages for which a person is liable under 
        subparagraph (A) or subparagraph (B) are money damages 
        in an amount equal to the sum of--
                  (i) the amount determined under paragraph 
                (1)(A)(ii), and
                  (ii) 3 times the amount determined applicable 
                under paragraph (1)(A)(i).
          (D) Notice to a person under subparagraph (B)--
                  (i) shall be in writing;
                  (ii) shall be posted by certified mail or 
                personally delivered to the person; and
                  (iii) shall contain--
                          (I) a statement of intention to 
                        commence the action under this section 
                        or to join the person as a defendant 
                        (as the case may be), together with the 
                        reasons therefor;
                          (II) a demand that the unlawful 
                        trafficking in the claimant's property 
                        cease immediately; and
                          (III) a copy of the summary statement 
                        published under paragraph (8).
          (4) Applicability.--(A) Except as otherwise provided 
        in this paragraph, actions may be brought under 
        paragraph (1) with respect to property confiscated 
        before, on, or after the date of the enactment of this 
        Act.
          (B) In the case of property confiscated before the 
        date of the enactment of this Act, a United States 
        national may not bring an action under this section on 
        a claim to the confiscated property unless such 
        national acquires ownership of the claim before such 
        date of enactment.
          (C) In the case of property confiscated on or after 
        the date of the enactment of this Act, a United States 
        national who, after the property is confiscated, 
        acquires ownership of a claim to the property by 
        assignment for value, may not bring an action on the 
        claim under this section.
          (5) Treatment of certain actions.--(A) In the case of 
        a United States national who was eligible to file a 
        claim with the Foreign Claims Settlement Commission 
        under title V of the International Claims Settlement 
        Act of 1949 but did not so file the claim, that United 
        States national may not bring an action on that claim 
        under this section.
          (B) In the case of any action brought under this 
        section by a United States national whose underlying 
        claim in the action was timely filed with the Foreign 
        Claims Settlement Commission under title V of the 
        International Claims Settlement Act of 1949 but was 
        denied by the Commission, the court shall accept the 
        findings of the Commission on the claim as conclusive 
        in the action under this section.
          (C) A United States national, other than a United 
        States national bringing an action under this section 
        on a claim certified under title V of the International 
        Claims Settlement Act of 1949, may not bring an action 
        on a claim under this section before the end of the 2-
        year period beginning on the date of the enactment of 
        this Act.
          (D) An interest in property for which a United States 
        national has a claim certified under title V of the 
        International Claims Settlement Act of 1949 may not be 
        the subject of a claim in an action under this section 
        by any other person. Any person bringing an action 
        under this section whose claim has not been so 
        certified shall have the burden of establishing for the 
        court that the interest in property that is the subject 
        of the claim is not the subject of a claim so 
        certified.
          (6) Inapplicability of act of state doctrine.--No 
        court of the United States shall decline, based upon 
        the act of state doctrine, to make a determination on 
        the merits in an action brought under paragraph (1).
          (7) Licenses not required.--(A) Notwithstanding any 
        other provision of law, an action under this section 
        may be brought and may be settled, and a judgment 
        rendered in such action may be enforced, without 
        obtaining any license or other permission from any 
        agency of the United States, except that this paragraph 
        shall not apply to the execution of a judgment against, 
        or the settlement of actions involving, property 
        blocked under the authorities of section 5(b) of the 
        Trading with the Enemy Act that were being exercised on 
        July 1, 1977, as a result of a national emergency 
        declared by the President before such date, and are 
        being exercised on the date of the enactment of this 
        Act.
          (B) Notwithstanding any other provision of law, and 
        for purposes of this title only, any claim against the 
        Cuban Government shall not be deemed to be an interest 
        in property the transfer of which to a United States 
        national required before the enactment of this Act, or 
        requires after the enactment of this Act, a license 
        issued by, or the permission of, any agency of the 
        United States.
          (8)\35\ Publication by attorney general.--Not later 
        than 60 days after the date of the enactment of this 
        Act, the Attorney General shall prepare and publish in 
        the Federal Register a concise summary of the 
        provisions of this title, including a statement of the 
        liability under this title of a person trafficking in 
        confiscated property, and the remedies available to 
        United States nationals under this title.
---------------------------------------------------------------------------
    \35\The summary required by this paragraph may be found at 61 F.R. 
24955 (Department of Justice, AG Order No. 2029-96, effective May 17, 
1996).
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    (b) Amount in Controversy.--An action may be brought under 
this section by a United States national only where the amount 
in controversy exceeds the sum or value of $50,000, exclusive 
of interest, costs, and attorneys' fees. In calculating $50,000 
for purposes of the preceding sentence, the applicable amount 
under subclause (I), (II), or (III) of subsection (a)(1)(A)(i) 
may not be tripled as provided in subsection (a)(3).
    (c) Procedural Requirements.--
          (1) In general.--Except as provided in this title, 
        the provisions of title 28, United States Code, and the 
        rules of the courts of the United States apply to 
        actions under this section to the same extent as such 
        provisions and rules apply to any other action brought 
        under section 1331 of title 28, United States Code.
          (2) Service of process.--In an action under this 
        section, service of process on an agency or 
        instrumentality of a foreign state in the conduct of a 
        commercial activity, or against individuals acting 
        under color of law, shall be made in accordance with 
        section 1608 of title 28, United States Code.
    (d) Enforceability of Judgments Against Cuban Government.--
In an action brought under this section, any judgment against 
an agency or instrumentality of the Cuban Government shall not 
be enforceable against an agency or instrumentality of either a 
transition government in Cuba or a democratically elected 
government in Cuba.
    (e) Certain Property Immune From Execution.--Section 1611 
of title 28, United States Code, is amended by adding at the 
end the following new subsection:
    ``(c) Notwithstanding the provisions of section 1610 of 
this chapter, the property of a foreign state shall be immune 
from attachment and from execution in an action brought under 
section 302 of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 to the extent that the property is a 
facility or installation used by an accredited diplomatic 
mission for official purposes.''.
    (f) Election of Remedies.--
          (1) Election.--Subject to paragraph (2)--
                  (A) any United States national that brings an 
                action under this section may not bring any 
                other civil action or proceeding under the 
                common law, Federal law, or the law of any of 
                the several States, the District of Columbia, 
                or any commonwealth, territory, or possession 
                of the United States, that seeks monetary or 
                nonmonetary compensation by reason of the same 
                subject matter; and
                  (B) any person who brings, under the common 
                law or any provision of law other than this 
                section, a civil action or proceeding for 
                monetary or nonmonetary compensation arising 
                out of a claim for which an action would 
                otherwise be cognizable under this section may 
                not bring an action under this section on that 
                claim.
          (2) Treatment of certified claimants.--(A) In the 
        case of any United States national that brings an 
        action under this section based on a claim certified 
        under title V of the International Claims Settlement 
        Act of 1949--
                  (i) if the recovery in the action is equal to 
                or greater than the amount of the certified 
                claim, the United States national may not 
                receive payment on the claim under any 
                agreement entered into between the United 
                States and Cuba settling claims covered by such 
                title, and such national shall be deemed to 
                have discharged the United States from any 
                further responsibility to represent the United 
                States national with respect to that claim;
                  (ii) if the recovery in the action is less 
                than the amount of the certified claim, the 
                United States national may receive payment 
                under a claims agreement described in clause 
                (i) but only to the extent of the difference 
                between the amount of the recovery and the 
                amount of the certified claim; and
                  (iii) if there is no recovery in the action, 
                the United States national may receive payment 
                on the certified claim under a claims agreement 
                described in clause (i) to the same extent as 
                any certified claimant who does not bring an 
                action under this section.
          (B) In the event some or all actions brought under 
        this section are consolidated by judicial or other 
        action in such manner as to create a pool of assets 
        available to satisfy the claims in such actions, 
        including a pool of assets in a proceeding in 
        bankruptcy, every claimant whose claim in an action so 
        consolidated was certified by the Foreign Claims 
        Settlement Commission under title V of the 
        International Claims Settlement Act of 1949 shall be 
        entitled to payment in full of its claim from the 
        assets in such pool before any payment is made from the 
        assets in such pool with respect to any claim not so 
        certified.
    (g) Deposit of Excess Payments by Cuba Under Claims 
Agreement.--Any amounts paid by Cuba under any agreement 
entered into between the United States and Cuba settling 
certified claims under title V of the International Claims 
Settlement Act of 1949 that are in excess of the payments made 
on such certified claims after the application of subsection 
(f) shall be deposited into the United States Treasury.
    (h) Termination of Rights.--
          (1) In general.--All rights created under this 
        section to bring an action for money damages with 
        respect to property confiscated by the Cuban 
        Government--
                  (A) may be suspended under section 204(a); 
                and
                  (B) shall cease upon transmittal to the 
                Congress of a determination of the President 
                under section 203(c)(3) that a democratically 
                elected government in Cuba is in power.
          (2) Pending suits.--The suspension or termination of 
        rights under paragraph (1) shall not affect suits 
        commenced before the date of such suspension or 
        termination (as the case may be), and in all such 
        suits, proceedings shall be had, appeals taken, and 
        judgments rendered in the same manner and with the same 
        effect as if the suspension or termination had not 
        occurred.
    (i) Imposition of Filing Fees.--The Judicial Conference of 
the United States shall establish a uniform fee that shall be 
imposed upon the plaintiff or plaintiffs in each action brought 
under this section. The fee should be established at a level 
sufficient to recover the costs to the courts of actions 
brought under this section. The fee under this subsection is in 
addition to any other fees imposed under title 28, United 
States Code.

SEC. 303.\36\ PROOF OF OWNERSHIP OF CLAIMS TO CONFISCATED PROPERTY.

    (a) Evidence of Ownership.--
---------------------------------------------------------------------------
    \36\22 U.S.C. 6083.
---------------------------------------------------------------------------
          (1) Conclusiveness of certified claims.--In any 
        action brought under this title, the court shall accept 
        as conclusive proof of ownership of an interest in 
        property a certification of a claim to ownership of 
        that interest that has been made by the Foreign Claims 
        Settlement Commission under title V of the 
        International Claims Settlement Act of 1949 (22 U.S.C. 
        1643 and following).
          (2) Claims not certified.--If in an action under this 
        title a claim has not been so certified by the Foreign 
        Claims Settlement Commission, the court may appoint a 
        special master, including the Foreign Claims Settlement 
        Commission, to make determinations regarding the amount 
        and ownership of the claim. Such determinations are 
        only for evidentiary purposes in civil actions brought 
        under this title and do not constitute certifications 
        under title V of the International Claims Settlement 
        Act of 1949.
          (3) Effect of determinations of foreign or 
        international entities.--In determining the amount or 
        ownership of a claim in an action under this title, the 
        court shall not accept as conclusive evidence any 
        findings, orders, judgments, or decrees from 
        administrative agencies or courts of foreign countries 
        or international organizations that declare the value 
        of or invalidate the claim, unless the declaration of 
        value or invalidation was found pursuant to binding 
        international arbitration to which the United States or 
        the claimant submitted the claim.
    (b) Amendment of the International Claims Settlement Act of 
1949.--Title V of the International Claims Settlement Act of 
1949 (22 U.S.C. 1643 and following) is amended by adding at the 
end the following new section:

 ``DETERMINATION OF OWNERSHIP OF CLAIMS REFERRED BY DISTRICT COURTS OF 
                           THE UNITED STATES

    ``Sec. 514. Notwithstanding any other provision of this Act 
and only for purposes of section 302 of the Cuban Liberty and 
Democratic Solidarity (LIBERTAD) Act of 1996, a United State 
district court, for fact-finding purposes, may refer to the 
Commission, and the Commission may determine, questions of the 
amount and ownership of a claim by a United States national (as 
defined in section 4 of the Cuban Liberty and Democratic 
Solidarity (LIBERTAD) Act of 1996), resulting from the 
confiscation of property by the Government of Cuba described in 
section 503(a), whether or not the United States national 
qualified as a national of the United States (as defined in 
section 502(1)) at the time of the action by the Government of 
Cuba.''.
    (c) Rule of Construction.--Nothing in this Act or in 
section 514 of the International Claims Settlement Act of 1949, 
as added by subsection (b), shall be construed--
          (1) to require or otherwise authorize the claims of 
        Cuban nationals who became United States citizens after 
        their property was confiscated to be included in the 
        claims certified to the Secretary of State by the 
        Foreign Claims Settlement Commission for purposes of 
        future negotiation and espousal of claims with a 
        friendly government in Cuba when diplomatic relations 
        are restored; or
          (2) as superseding, amending, or otherwise altering 
        certifications that have been made under title V of the 
        International Claims Settlement Act of 1949 before the 
        date of the enactment of this Act.

SEC. 304. EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION 
                    CERTIFICATION PROCEDURE.

    Title V of the International Claims Settlement Act of 1949 
(22 U.S.C. 1643 and following), as amended by section 303, is 
further amended by adding at the end the following new section:

  ``EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION CERTIFICATION 
                               PROCEDURE

    ``Sec. 515.\37\ (a) Subject to subsection (b), neither any 
national of the United States who was eligible to file a claim 
under section 503 but did not timely file such claim under that 
section, nor any person who was ineligible to file a claim 
under section 503, nor any national of Cuba, including any 
agency, instrumentality, subdivision, or enterprise of the 
Government of Cuba or any local government of Cuba, nor any 
successor thereto, whether or not recognized by the United 
States, shall have a claim to, participate in, or otherwise 
have an interest in, the compensation proceeds or nonmonetary 
compensation paid or allocated to a national of the United 
States by virtue of a claim certified by the Commission under 
section 507, nor shall any district court of the United States 
have jurisdiction to adjudicate any such claim.
---------------------------------------------------------------------------
    \37\22 U.S.C. 1643m.
---------------------------------------------------------------------------
    ``(b) Nothing in subsection (a) shall be construed to 
detract from or otherwise affect any rights in the shares of 
capital stock of nationals of the United States owning claims 
certified by the Commission under section 507.''.

SEC. 305.\38\ LIMITATION OF ACTIONS.

    An action under section 302 may not be brought more than 2 
years after the trafficking giving rise to the action has 
ceased to occur.
---------------------------------------------------------------------------
    \38\22 U.S.C. 6084.
---------------------------------------------------------------------------

SEC. 306.\39\ EFFECTIVE DATE.

    (a) In General.--Subject to subsections (b) and (c), this 
title and the amendments made by this title shall take effect 
on August 1, 1996.
---------------------------------------------------------------------------
    \39\22 U.S.C. 6085.
---------------------------------------------------------------------------
    (b) Suspension Authority.--
          (1) Suspension authority.--The President may suspend 
        the effective date under subsection (a) for a period of 
        not more than 6 months if the President determines and 
        reports in writing to the appropriate congressional 
        committees at least 15 days before such effective date 
        that the suspension is necessary to the national 
        interests of the United States and will expedite a 
        transition to democracy in Cuba.
          (2) Additional suspensions.--The President may 
        suspend the effective date under subsection (a) for 
        additional periods of not more than 6 months each, each 
        of which shall begin on the day after the last day of 
        the period during which a suspension is in effect under 
        this subsection, if the President determines and 
        reports in writing to the appropriate congressional 
        committees at least 15 days before the date on which 
        the additional suspension is to begin that the 
        suspension is necessary to the national interests of 
        the United States and will expedite a transition to 
        democracy in Cuba.
    (c) Other Authorities.--
          (1) Suspension.--After this title and the amendments 
        of this title have taken effect--
                  (A) no person shall acquire a property 
                interest in any potential or pending action 
                under this title; and
                  (B) the President may suspend the right to 
                bring an action under this title with respect 
                to confiscated property for a period of not 
                more than 6 months if the President determines 
                and reports in writing to the appropriate 
                congressional committees at least 15 days 
                before the suspension takes effect that such 
                suspension is necessary to the national 
                interests of the United States and will 
                expedite a transition to democracy in Cuba.
          (2) Additional suspensions.--The President may 
        suspend the right to bring an action under this title 
        for additional periods of not more than 6 months each, 
        each of which shall begin on the day after the last day 
        of the period during which a suspension is in effect 
        under this subsection, if the President determines and 
        reports in writing to the appropriate congressional 
        committees at least 15 days before the date on which 
        the additional suspension is to begin that the 
        suspension is necessary to the national interests of 
        the United States and will expedite a transition to 
        democracy in Cuba.
          (3) Pending suits.--The suspensions of actions under 
        paragraph (1) shall not affect suits commenced before 
        the date of such suspension, and in all such suits, 
        proceedings shall be had, appeals taken, and judgments 
        rendered in the same manner and with the same effect as 
        if the suspension had not occurred.
    (d) Rescission of Suspension.--The President may rescind 
any suspension made under subsection (b) or (c) upon reporting 
to the appropriate congressional committees that doing so will 
expedite a transition to democracy in Cuba.

               TITLE IV--EXCLUSION OF CERTAIN ALIENS\40\

SEC. 401.\41\ EXCLUSION FROM THE UNITED STATES OF ALIENS WHO HAVE 
                    CONFISCATED PROPERTY OF UNITED STATES NATIONALS OR 
                    WHO TRAFFIC IN SUCH PROPERTY.

    (a) Grounds for Exclusion.--The Secretary of State shall 
deny a visa to, and the Attorney General shall exclude from the 
United States, any alien who the Secretary of State determines 
is a person who, after the date of the enactment of this Act--
---------------------------------------------------------------------------
    \40\Guidelines for the implementation of title IV were issued on 
June 12, 1996, as Department of State Public Notice 2403 (61 F.R. 
30655).
    \41\22 U.S.C. 6091.
---------------------------------------------------------------------------
          (1) has confiscated, or has directed or overseen the 
        confiscation of, property a claim to which is owned by 
        a United States national, or converts or has converted 
        for personal gain confiscated property, a claim to 
        which is owned by a United States national;
          (2) traffics in confiscated property, a claim to 
        which is owned by a United States national;
          (3) is a corporate officer, principal, or shareholder 
        with a controlling interest of an entity which has been 
        involved in the confiscation of property or trafficking 
        in confiscated property, a claim to which is owned by a 
        United States national; or
          (4) is a spouse, minor child, or agent of a person 
        excludable under paragraph (1), (2), or (3).
    (b) Definitions.--As used in this section, the following 
terms have the following meanings:
          (1) Confiscated; confiscation.--The terms 
        ``confiscated'' and ``confiscation'' refer to--
                  (A) the nationalization, expropriation, or 
                other seizure by the Cuban Government of 
                ownership or control of property--
                          (i) without the property having been 
                        returned or adequate and effective 
                        compensation provided; or
                          (ii) without the claim to the 
                        property having been settled pursuant 
                        to an international claims settlement 
                        agreement or other mutually accepted 
                        settlement procedure; and
                  (B) the repudiation by the Cuban Government 
                of, the default by the Cuban Government on, or 
                the failure of the Cuban Government to pay--
                          (i) a debt of any enterprise which 
                        has been nationalized, expropriated, or 
                        otherwise taken by the Cuban 
                        Government;
                          (ii) a debt which is a charge on 
                        property nationalized, expropriated, or 
                        otherwise taken by the Cuban 
                        Government; or
                          (iii) a debt which was incurred by 
                        the Cuban Government in satisfaction or 
                        settlement of a confiscated property 
                        claim.
          (2) Traffics.--(A) Except as provided in subparagraph 
        (B), a person ``traffics'' in confiscated property if 
        that person knowingly and intentionally--
                  (i)(I) transfers, distributes, dispenses, 
                brokers, or otherwise disposes of confiscated 
                property,
                  (II) purchases, receives, obtains control of, 
                or otherwise acquires confiscated property, or
                  (III) improves (other than for routine 
                maintenance), invests in (by contribution of 
                funds or anything of value, other than for 
                routine maintenance), or begins after the date 
                of the enactment of this Act to manage, lease, 
                possess, use, or hold an interest in 
                confiscated property,
                  (ii) enters into a commercial arrangement 
                using or otherwise benefiting from confiscated 
                property, or
                  (iii) causes, directs, participates in, or 
                profits from, trafficking (as described in 
                clause (i) or (ii)) by another person, or 
                otherwise engages in trafficking (as described 
                in clause (i) or (ii)) through another person, 
                without the authorization of any United States 
                national who holds a claim to the property.
          (B) The term ``traffics'' does not include--
                  (i) the delivery of international 
                telecommunication signals to Cuba;
                  (ii) the trading or holding of securities 
                publicly traded or held, unless the trading is 
                with or by a person determined by the Secretary 
                of the Treasury to be a specially designated 
                national;
                  (iii) transactions and uses of property 
                incident to lawful travel to Cuba, to the 
                extent that such transactions and uses of 
                property are necessary to the conduct of such 
                travel; or
                  (iv) transactions and uses of property by a 
                person who is both a citizen of Cuba and a 
                resident of Cuba, and who is not an official of 
                the Cuban Government or the ruling political 
                party in Cuba.
    (c) Exemption.--This section shall not apply where the 
Secretary of State finds, on a case by case basis, that the 
entry into the United States of the person who would otherwise 
be excluded under this section is necessary for medical reasons 
or for purposes of litigation of an action under title III.
    (d) Effective Date.--
          (1) In general.--This section applies to aliens 
        seeking to enter the United States on or after the date 
        of the enactment of this Act.
          (2) Trafficking.--This section applies only with 
        respect to acts within the meaning of ``traffics'' that 
        occur on or after the date of the enactment of this 
        Act.
         (2) Enterprise for the Americas Initiative Act of 1992

    Partial text of Public Law 102-532 [H.R. 4059], 106 Stat. 3509, 
                       approved October 27, 1992

_______________________________________________________________________


          Note.--Amendments to title VI of the Agricultural 
        Trade Development and Assistance Act of 1954 enacted in 
        Public Law 102-532 have been incorporated into that 
        Act.

_______________________________________________________________________


 AN ACT To amend the Agricultural Trade Development and Assistance Act 
of 1954 to authorize additional functions within the Enterprise for the 
              Americas Initiative, 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 ``Enterprise for the Americas 
Initiative Act of 1992''.
---------------------------------------------------------------------------
    \1\7 U.S.C. 1691 note.
---------------------------------------------------------------------------

SEC. 2.\2\ GOOD NEIGHBOR ENVIRONMENTAL ACT OF 1992. * * *

SEC. 3.\3\ ANNUAL REPORTS TO THE CONGRESS. * * *

SEC. 4.\4\ CENTER FOR NORTH AMERICAN STUDIES.

    (a) Establishment.--The Secretary of Agriculture shall 
establish a center, to be known as the Center For North 
American Studies, whose primary purpose shall be to promote 
better agricultural relationships among Canada, Mexico, and the 
United States through cooperative study, training, and 
research.
---------------------------------------------------------------------------
    \2\Sec. 2 added new secs. 616-619 to title VI of the Agricultural 
Trade Development and Assistance Act of 1954 (7 U.S.C. 1738).
    \3\Sec. 3 amended sec. 614(a) of the Agricultural Trade Development 
and Assistance Act of 1954 (7 U.S.C. 1738mm(a)).
    \4\7 U.S.C. 3294.
---------------------------------------------------------------------------
    (b) Location.--The Institute shall be located at an 
institution of higher education or at a consortium of such 
institutions.
    (c) Authorization of Appropriations.--To carry out this 
section, there are authorized to be appropriated $10,000,000 
for fiscal year 1994 and such sums as may necessary for each of 
fiscal years 1995 and 1996.

SEC. 5. STUDY OF THE EFFECT OF FREE TRADE WITH LATIN AMERICAN AND 
                    CARIBBEAN COUNTRIES ON THE UNITED STATES ECONOMY.

    The President shall transmit to the Congress, not later 
than 8 months after the date of the enactment of this Act, a 
study describing--
          (1) in summary fashion, the likely effect on major 
        United States industries and other sectors, including 
        agriculture, that could be most affected by a 
        hemispherical free trade zone with Latin American and 
        Caribbean countries;
          (2) the regions in the United States that would be 
        most affected by a hemispherical free trade zone with 
        Latin American and Caribbean countries and, in summary 
        fashion, the nature of these effects;
          (3) the extent to which horticultural exports from 
        Latin American and Caribbean countries complement or 
        compete with United States production;
          (4) a country-by-country overview of recent economic 
        developments in Latin American and Caribbean countries 
        significantly influencing United States relations with 
        such countries, including present trade and investment 
        patterns in these regions;
          (5) the likely effect of a hemispherical free trade 
        zone with Latin American and Caribbean countries on the 
        United States economy and its multilateral 
        interrelationship with other countries in the region, 
        including Canada and Mexico;
          (6) the extent to which manufactured products 
        exported from Latin American and Caribbean countries 
        complement or compete with United States production; 
        and
          (7) the likely effects of a hemispherical free trade 
        zone with Latin American and Caribbean countries on 
        existing environmental, agricultural, labor, and 
        consumer protection laws and practices within the 
        United States and within the other countries included 
        in the zone.

SEC. 6.\5\ THE GOOD NEIGHBOR ENVIRONMENTAL BOARD.

    (a) Establishment.--The President shall establish an 
advisory board to be known as the Good Neighbor Environmental 
Board (hereinafter in this section referred to as the 
``Board'').
---------------------------------------------------------------------------
    \5\7 U.S.C. 5404.
---------------------------------------------------------------------------
    (b) Purpose.--The purpose of the Board shall be to advise 
the President and the Congress on the need for implementation 
of environmental and infrastructure projects (including 
projects that affect agriculture, rural development, and human 
nutrition) within the States of the United States contiguous to 
Mexico in order to improve the quality of life of persons 
residing on the United States side of the border.
    (c) Membership.--The Board shall be composed of--
          (1) representatives from the United States 
        Government, including a representative from the 
        Department of Agriculture and representatives from 
        other appropriate agencies;
          (2) representatives from the governments of the 
        States of Arizona, California, New Mexico, and Texas; 
        and
          (3) representatives from private organizations, 
        including community development, academic, health, 
        environmental, and other nongovernmental entities with 
        experience and expertise on environmental and 
        infrastructure problems along the southwest border.
    (d) Annual Reports to the President and Congress.--
          (1) In general.--The Board shall submit to the 
        President and the Congress of the United States an 
        annual report on--
                  (A) the environmental and infrastructure 
                projects referred to in subsection (a) that 
                have been implemented, and
                  (B) the need for the implementation of 
                additional environmental and infrastructure 
                projects.
          (2) Transmission of copies to board members.--The 
        Board shall--
                  (A) transmit to each member of the Board a 
                copy of any report to be submitted pursuant to 
                paragraph (1) at least 14 days before its 
                submission, and
                  (B) allow each member of the Board to have 14 
                days within which to prepare and submit 
                supplemental views with respect to the 
                recommendations of the Board for inclusion in 
                such report.
  (3) Enterprise for the Americas Facility as Established in P.L. 480

 Title VI of Public Law 83-480 [S. 2475], 68 Stat. 454, approved July 
                          10, 1954; as amended

            TITLE VI--ENTERPRISE FOR THE AMERICAS INITIATIVE

SEC. 601.\1\ ESTABLISHMENT OF THE FACILITY.

  There is established in the Department of the Treasury an 
entity to be known as the ``Enterprise for the Americas 
Facility'' (hereafter referred to in this title as the 
``Facility'').
---------------------------------------------------------------------------
    \1\7 U.S.C. 1738.
---------------------------------------------------------------------------

SEC. 602.\2\ PURPOSE.

  The purpose of this title 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 inter-related actions to promote debt reduction, 
investment reforms, and community-based conservation and 
sustainable use of the environment. The Facility will support 
such objectives through the administration of debt reduction 
operations relating to those countries that meet investment 
reform and other policy conditions provided for in this title.
---------------------------------------------------------------------------
    \2\7 U.S.C. 1738a.
---------------------------------------------------------------------------

SEC. 603.\3\ ELIGIBILITY FOR BENEFITS UNDER THE FACILITY.

  (a) Requirements.--To be eligible for benefits from the 
Facility under this title, a country shall--
---------------------------------------------------------------------------
    \3\7 U.S.C. 1738b.
---------------------------------------------------------------------------
          (1) be a Latin American or Caribbean country;
          (2) have in effect or have received approval for, or, 
        as appropriate in exceptional circumstances, be making 
        significant progress towards the establishment of--
                  (A) an International Monetary Fund (hereafter 
                referred to in this title as the ``IMF'') 
                standby arrangement, extended IMF arrangement, 
                or an arrangement under the structural 
                adjustment facility or enhanced structural 
                adjustment facility, or in exceptional 
                circumstances, an IMF-monitored program or its 
                equivalent; and
                  (B) as appropriate, structural or sectoral 
                adjustment loans from the International Bank 
                for Reconstruction and Development (hereafter 
                referred to in this title as the ``World 
                Bank'') or the International Development 
                Association (hereafter referred to in this 
                title as the ``IDA'');
          (3) have placed into effect major investment reforms 
        in conjunction with an Inter-American\4\ Development 
        Bank (hereafter referred to as the ``IDB'') loan or 
        otherwise be implementing, or making significant 
        progress towards an open investment regime; and
---------------------------------------------------------------------------
    \4\Sec. 302 of Public Law 102-237 (105 Stat. 1855) added the hyphen 
to ``Inter-American''.
---------------------------------------------------------------------------
          (4) if appropriate, have agreed with its commercial 
        bank lenders on a satisfactory financing program, 
        including, as appropriate, debt or debt service 
        reduction.
  (b) Eligibility Determination.--The President shall determine 
whether a country is an eligible country for purposes of 
subsection (a).

SEC. 604.\5\ REDUCTION OF CERTAIN DEBT.

  (a) Authority to Reduce Debt.--
---------------------------------------------------------------------------
    \5\7 U.S.C. 1738c. Title II, chapter VIII of Public Law 102-27 (105 
Stat. 147, 7 U.S.C. 1736e note) provided the following:
    ``Title I of Public Law 480 program allowed for the repayment of 
loans for the sale of agricultural commodities in foreign or local 
currencies until December 31, 1971. Since that time, until the law was 
changed in the 1985 farm bill, all sales have been on dollar credit 
terms. In view of the present financial situation, it is impossible for 
many countries to repay their loans in dollars. Therefore, the 
President may use the authority in section 411 and section 604 of the 
Agricultural Trade Development and Assistance Act of 1954 to 
renegotiate the payment on Public Law 480 debt in eligible countries in 
Latin America, the Caribbean and sub-Saharan Africa.''.
---------------------------------------------------------------------------
          (1) In general.--Notwithstanding any other provision 
        of law, the President may reduce the amount owed to the 
        United States or any agency of the United States, and 
        outstanding as of January 1, 1990, as a result of any 
        credits extended under title I to a country eligible 
        for benefits from the Facility.
          (2) Availability\6\ of appropriations.--The 
        authorities under this section may be exercised only to 
        the extent provided for in advance in appropriation 
        Acts.
---------------------------------------------------------------------------
    \6\Sec. 303 of Public Law 102-237 (105 Stat. 1855) corrected the 
spelling of ``Availability''.
---------------------------------------------------------------------------
  (b) Limitation.--A debt reduction authorized under subsection 
(a) shall be accomplished, at the direction of the Facility, 
through the exchange of a new obligation under this title for 
obligations of the type referred to in subsection (a) 
outstanding as of January 1, 1990.
  (c) Exchange of Obligations.--The Facility shall notify the 
Commodity Credit Corporation of an agreement entered into under 
subsection (b) with an eligible country to exchange a new 
obligation for outstanding obligations. At the direction of the 
Facility, the old obligations that are the subject of the 
agreement may be canceled and a new debt obligation may be 
established for the country relating to the agreement. The 
Commodity Credit Corporation shall make an adjustment in its 
accounts to reflect a debt reduction under this section.

SEC. 605.\7\ REPAYMENT OF PRINCIPAL.

  (a) Currency of Payment.--The principal amount owed under 
each new obligation issued under section 604 shall be repaid in 
United States dollars.
---------------------------------------------------------------------------
    \7\7 U.S.C. 1738d.
---------------------------------------------------------------------------
  (b) Deposit of Payments.--Principal repayments on new 
obligations issued under section 604 shall be deposited in 
Commodity Credit Corporation accounts.

SEC. 606.\8\ INTEREST OF NEW OBLIGATIONS.

  (a) Rate of Interest.--New obligations issued to an eligible 
country under section 604 shall bear interest at a concessional 
rate.
---------------------------------------------------------------------------
    \8\7 U.S.C. 1738e.
---------------------------------------------------------------------------
  (b) Currency of Payment, Deposits.--
          (1) United states dollars.--An eligible country to 
        which a new obligation has been issued under section 
        604 that has not entered into an agreement under 
        section 607, shall be required to pay interest on such 
        obligation in United States dollars which shall be 
        deposited in Commodity Credit Corporation accounts.
          (2) Local currency.--If an eligible country to which 
        a new obligation has been issued under section 604 has 
        entered into an agreement under section 607, interest 
        under such obligation may be paid in the local currency 
        of the eligible country and deposited into an 
        Environmental Fund as provided for in section 608. Such 
        interest shall be the property of the eligible country 
        until such time as it is disbursed under section 608. 
        Such local currencies shall be used for the purposes 
        specified in the agreement entered into under section 
        607.
  (c) Interest Previously Paid.--If an eligible country to 
which a new obligation has been issued under section 604 enters 
into an agreement under section 607 subsequent to the date on 
which interest first becomes due on such new obligation, any 
interest paid on such new obligation prior to such agreement 
being entered into shall not be redeposited into the Fund 
established for the eligible country under section 608(a) but 
shall be deposited into Commodity Credit Corporation 
accounts.\9\
---------------------------------------------------------------------------
    \9\Sec. 304 of Public Law 102-237 (105 Stat. 1855) inserted 
``accounts'' after ``Corporation''.
---------------------------------------------------------------------------

SEC. 607.\10\ ENVIRONMENTAL FRAMEWORK AGREEMENTS.

  (a) Authority.--The President is authorized to enter into an 
environmental framework agreement with each country eligible 
for benefits from the Facility concerning the operation and use 
of an Enterprise for the Americas Environmental Fund (hereafter 
referred to in this title as the ``Environmental Fund'')\11\ 
established under section 608 for that country. The President 
shall consult with the Board established under section 610 when 
entering into such agreements.
---------------------------------------------------------------------------
    \10\7 U.S.C. 1738f.
    \11\In a technical correction, sec. 305 of Public Law 102-237 (105 
Stat. 1855) moved the close quotation mark.
---------------------------------------------------------------------------
  (b) Requirements.--An environmental framework agreement 
entered into under this section shall--
          (1) require the eligible country to establish an 
        Environmental Fund;
          (2) require the eligible country to make interest 
        payments under section 608(a) into the Environmental 
        Fund;
          (3) require the eligible country to make prompt 
        disbursements from the Environmental Fund to the body 
        described in subsection (c);
          (4) where appropriate, seek to maintain the value of 
        the local currency resources deposited into the 
        appropriate Environmental Fund in terms of United 
        States dollars;
          (5) specify, in accordance with section 612, the 
        purposes for which the Environmental Fund may be used; 
        and
          (6) contain reasonable provisions for the enforcement 
        of the terms of the agreement.
  (c) Administering Body.--Funds disbursed from the 
Environmental Fund in an eligible country shall be administered 
by a body constituted under the laws of the country. Such body 
shall--
          (1) be composed of--
                  (A) one or more representatives appointed by 
                the President;
                  (B) one or more representatives appointed by 
                the eligible country; and
                  (C) representatives from a broad range of 
                environmental and local community development 
                nongovernmental organizations of the host 
                country;
        the majority of which shall be local representatives 
        from nongovernmental organizations, and scientific or 
        academic bodies;
          (2) receive proposals for grant assistance from local 
        organizations, and make grants to such organizations in 
        accordance with the priorities agreed upon in the 
        framework agreement and consistent with the overall 
        purposes of section 612;
          (3) be responsible for the management of the program 
        and oversight of grant activities funded from resources 
        of the Environmental Fund;
          (4) be subject to fiscal audits by an independent 
        auditor on an annual basis;
          (5) present an annual program for review by the Board 
        established under section 610 each year;
          (6) present an annual report on the activities 
        undertaken during the previous year to the Chairman of 
        the Board established under section 610, and the 
        government of the eligible country each year; and
          (7) have any grant over $100,000 be subject to veto 
        by the United States and the government of the eligible 
        country.

SEC. 608.\12\ ENTERPRISE FOR THE AMERICAS ENVIRONMENTAL FUNDS.

  (a) Establishment.--An eligible country shall, under the 
terms of an environmental framework agreement entered into 
under section 607, establish an Environmental Fund to receive 
payments in local currency pursuant to section 607(b)(1).
---------------------------------------------------------------------------
    \12\7 U.S.C. 1738g.
---------------------------------------------------------------------------
  (b) Investment.--Amounts deposited into an Environmental Fund 
shall be invested until disbursed. Notwithstanding any other 
provision of law, any return on such investment may be retained 
by the Environmental Fund and need not be deposited to the 
account of the Commodity Credit Corporation and may be retained 
without further appropriation by Congress.

SEC. 609.\13\ DISBURSEMENT OF ENVIRONMENTAL FUNDS.

  Funds in an Environmental Fund shall be disbursed only 
pursuant to a framework agreement entered into pursuant to 
section 607.
---------------------------------------------------------------------------
    \13\7 U.S.C. 1738h.
---------------------------------------------------------------------------

SEC. 610.\14\ ENTERPRISE FOR THE AMERICAS BOARD.

  (a) Establishment.--There is established a board to be known 
as the ``Enterprise\15\ for the Americas Board'' (hereafter 
referred to in this title as the ``Board'').
---------------------------------------------------------------------------
    \14\7 U.S.C. 1738i. Sec. 603(1) of Public Law 102-549 (106 Stat. 
3669) amended the catchline; it formerly read ``Environment * * *''.
    \15\Sec. 603(2) of Public Law 102-549 (106 Stat. 3669) struck out 
``Environment'' and inserted in lieu thereof ``Enterprise''.
---------------------------------------------------------------------------
  (b) Membership and Chairperson.--
          (1) Membership.--The Board shall be composed of--
                  (A) six\16\ representatives from the United 
                States Government, at least one of whom shall 
                be a representative of the Department of 
                Agriculture;\16\ and
---------------------------------------------------------------------------
    \16\Sec. 339(1) of Public Law 102-237 (105 Stat. 1861) struck out 
``five'' and inserted in lieu thereof ``six'', and added after 
``Government'' the text ``, at least one of whom shall be a 
representative of the Department of Agriculture''.
---------------------------------------------------------------------------
                  (B) five\17\ representatives from private 
                nongovernmental environmental, child survival 
                and child development,\18\ community 
                development, scientific, and academic 
                organizations with experience and expertise in 
                Latin America and the Caribbean, at least one 
                of whom shall be a representative from a child 
                survival and child development 
                organization;\19\
---------------------------------------------------------------------------
    \17\Sec. 339(2) of Public Law 102-237 (105 Stat. 1861) struck out 
``four'' and inserted in lieu thereof ``five''.
    \18\Sec. 603(3)(A) of Public Law 102-549 (106 Stat. 3669) inserted 
``child survival and child development,'' after ``environmental,''.
    \19\Sec. 603(3)(B) of Public Law 102-549 (106 Stat. 3669) inserted 
``, at least one of whom shall be a representative from a child 
survival and child development organization'' after ``Caribbean''.
---------------------------------------------------------------------------
        to be appointed by the President.
          (2) Chairperson.--The Board shall be headed by a 
        chairperson who shall be appointed by the President 
        from among the representatives appointed under 
        paragraph (1)(A).
  (c)  Responsibilities.--The Board shall--
          (1) advise the President on the negotiations for the 
        environmental framework agreements described in 
        subsections (a) and (b) of section 607;
          (2) ensure, in consultation with the government of 
        the appropriate eligible country, with nongovernmental 
        organizations of such eligible country, and if 
        appropriate, of the region, and with environmental, 
        scientific, and academic leaders of such eligible 
        country and, as appropriate, of the region, that a 
        suitable body referred to in section 607(c) is 
        identified; and
          (3) review the programs, operations, and fiscal 
        audits of the bodies referred to in section 607(c).

SEC. 611.\20\ OVERSIGHT.

  The President may designate appropriate United States 
agencies to review the implementation of programs under this 
title and the fiscal audits relating to such programs. Such 
oversight shall not constitute active management of an 
Environmental Fund.
---------------------------------------------------------------------------
    \20\7 U.S.C. 1738j.
---------------------------------------------------------------------------

SEC. 612.\21\ ELIGIBLE ACTIVITIES AND GRANTEES.

  (a) Eligible Entities.--Activities eligible to receive 
assistance through the framework agreements entered into under 
section 607, shall include--
---------------------------------------------------------------------------
    \21\7 U.S.C. 1738k.
---------------------------------------------------------------------------
          (1) activities of the type described in the Global 
        Environmental Protection Assistance Act of 1989 (22 
        U.S.C. 2281 et seq.);\22\
---------------------------------------------------------------------------
    \22\Sec. 306 of Public Law 102-237 (105 Stat. 1856) corrected a 
typographical error here by striking ``462), and--'', and inserted in 
lieu thereof ``2281 et seq.);''.
---------------------------------------------------------------------------
          (2) agriculture-related activities, including those 
        that provide for the biological prevention and control 
        of animal and plant pests and diseases, to benefit the 
        environment; and
          (3) local community initiatives that promote 
        conservation and sustainable use of the environment.
  (b) Regulation.--All activities of the type referred to in 
subsection (a) shall, where appropriate, include initiatives 
that link conservation of natural resources with local 
community development.
  (c) Setting of Priorities.--Appropriate activities and 
priorities relating to the use of an Environmental Fund shall 
be set by local nongovernmental organizations within the 
appropriate eligible country.
  (d) Grants.--Grants may be made by the body referred to in 
section 607(c) from the Environmental Fund for environmental 
purposes to--
          (1) host country nongovernmental environmental, 
        conservation, development, educational, and indigenous 
        peoples organizations;
          (2) other appropriate local or regional entities; or
          (3) in exceptional circumstances, the government of 
        the eligible country.
  (e) Priority.--In providing assistance from an Environmental 
Fund, the body established under section 607(c) within the 
eligible country shall give priority to projects that are run 
by nongovernmental organizations and other private entities, 
and that involve local communities in their planning and 
execution.

SEC. 613.\23\ ENCOURAGING MULTILATERAL DEBT DONATIONS.

  (a) Encouraging Donations From Official Creditors.--The 
President should actively encourage other official creditors of 
an eligible country to provide debt reduction to such eligible 
country.
---------------------------------------------------------------------------
    \23\7 U.S.C. 1738l.
---------------------------------------------------------------------------
  (b) Encouraging Donations From Other Sources.--The President 
shall make every effort to insure that programs established 
through Environmental Funds are able to receive donations from 
private and public entities, and private creditors of the 
eligible country.

SEC. 614.\24\ ANNUAL REPORT TO CONGRESS.

  (a) In General.--Not later\25\ than December 31 of each 
fiscal year, the President shall prepare and submit to the 
Speaker of the House of Representatives and the President Pro 
Tempore of the Senate an annual report concerning the operation 
of the Facility for the prior fiscal year. This report shall 
include--\26\
---------------------------------------------------------------------------
    \24\7 U.S.C. 1738m.
    \25\Sec. 330 of Public Law 102-237 (105 Stat. 1858) struck out 
``Not later'' and inserted in lieu thereof ``(a) In General.--Not 
later'', and added subsec. (b).
    \26\Sec. 3 of Public Law 102-532 (106 Stat. 3512) added the rest of 
subsec. (a) from ``This report shall include--''.
---------------------------------------------------------------------------
          (1) a description of the activities undertaken by the 
        Facility during the previous fiscal year;
          (2) a description of any Environmental Framework 
        Agreement entered into under this title;
          (3) a report on what Environmental Funds have been 
        established under this title and on the operations of 
        such Funds; and
          (4) a description of any grants that have been 
        extended by administering bodies pursuant to an 
        Environmental Framework Agreement under this title.
    (b) Supplemental Views in Annual Report.--No later than 
December 15 of each fiscal year, each member of the Board shall 
be entitled to receive a copy of the report required under 
subsection (a). Each member of the Board may prepare and submit 
supplemental views to the President on the implementation of 
this title by December 31 for inclusion in the annual report 
when it is transmitted to Congress pursuant to this section.

SEC. 615.\27\ CONSULTATIONS WITH CONGRESS.

    The President shall consult with the appropriate 
congressional committees on a periodic basis to review the 
operation of the Facility under this title and the eligibility 
of countries for benefits from the Facility under this title.
---------------------------------------------------------------------------
    \27\7 U.S.C. 1738n. Added by sec. 331 of Public Law 102-237 (105 
Stat. 1858).
---------------------------------------------------------------------------

SEC. 616.\28\ SALE OF QUALIFIED DEBT TO ELIGIBLE COUNTRIES.

    (a) In General.--
---------------------------------------------------------------------------
    \28\7 U.S.C. 1738o. Added by sec. 2 of Public Law 102-532 (106 
Stat. 3509).
---------------------------------------------------------------------------
          (1) Authorization.--The President may sell to an 
        eligible country up to 40 percent of such country's 
        qualified debt, only if an amount of the local currency 
        of such country (other than the price paid for the 
        debt) equal to--
                  (A) not less than 40 percent of the price 
                paid for such debt by such eligible country, or
                  (B) the difference between the price paid for 
                such debt and the face value of such debt;
        whichever is less, is used by such country through an 
        Environmental Fund for eligible activities described in 
        section 612.
          (2) Environmental funds.--For purposes of this 
        section, the term ``Environmental Fund'' means an 
        Environmental Fund established under section 608. In 
        the case of Mexico, such fund may be designated as the 
        Good Neighbor Environmental Fund for the Border.
          (3) Establishment and operation of environmental 
        funds.--The President should advise eligible countries 
        on the procedures required to establish and operate the 
        Environmental Funds required to be established under 
        paragraph (1).
    (b) Terms and Conditions.--The President shall establish 
the terms and conditions, including the amount to be paid by 
the eligible country, under which such country's qualified debt 
may be sold under this section.
    (c) Appropriations Requirement.--The authorities provided 
by this section may be exercised only in such amounts and to 
such extent as is provided in advance in appropriations Acts.
    (d) Certain Prohibitions Inapplicable.--A sale of debt 
under this section shall not be considered assistance for 
purposes of any provision of law limiting assistance to a 
country.
    (e) Implementation by the Facility.--A sale of debt 
authorized under this section shall be accomplished at the 
direction of the Facility. The Facility shall direct the 
Commodity Credit Corporation to carry out such sale. The 
Commodity Credit Corporation shall make an adjustment in its 
accounts to reflect the sale.
    (f) Deposit of Proceeds.--The proceeds from a sale of 
qualified debt under this section shall be deposited in the 
account or accounts established by the Commodity Credit 
Corporation for the repayment of such debt by the eligible 
country.
    (g) Debtor Consultation.--Before any sale of qualified debt 
may occur under this section, the President should consult with 
the eligible country's government concerning such sale. The 
topics addressed in the consultation shall include the amount 
of qualified debt involved in the transaction and the uses to 
which funds made available as a result of the sale shall be 
applied.

SEC. 617.\29\ SALE, REDUCTION, OR CANCELLATION OF QUALIFIED DEBT TO 
                    FACILITATE CERTAIN DEBT SWAPS.

    (a) Authority to Sell, Reduce, or Cancel Qualified Debt.--
For the purpose of facilitating eligible debt swaps, the 
President, in accordance with this section--
---------------------------------------------------------------------------
    \29\7 U.S.C. 1738p. Added by sec. 2 of Public Law 102-532 (106 
Stat. 3509).
---------------------------------------------------------------------------
          (1) may sell to an eligible purchaser (as determined 
        pursuant to subsection (c)(1)) any qualified debt of an 
        eligible country; or
          (2) may reduce or cancel eligible debt of an eligible 
        country upon receipt of payment from an eligible payor 
        (as determined under subsection (c)(2)).
    (b) Terms and Conditions.--The President shall establish 
the terms and conditions under which qualified debt may be 
sold, reduced, or canceled pursuant to this section.
    (c) Eligible Purchasers and Eligible Payors.--
          (1) Sales of debt.--Qualified debt may be sold 
        pursuant to subsection (a)(1) only to a purchaser who 
        presents plans satisfactory to the President for using 
        the debt for the purpose of engaging in eligible debt 
        swaps.
          (2) Reduction or cancellation of debt.--Qualified 
        debt may be reduced or cancelled pursuant to subsection 
        (a)(2) only if the payor presents plans satisfactory to 
        the President for using such reduction or cancellation 
        for the purpose of facilitating eligible debt swaps.
    (d) Debtor Consultation and Right of First Refusal.--
          (1) Consultation.--Before selling, reducing, or 
        canceling any qualified debt of an eligible country 
        pursuant to this section, the President should consult 
        with that country concerning, among other things, the 
        amount of debt to be sold, reduced, or canceled and the 
        uses of such debt for eligible debt swaps.
          (2) Right of first refusal.--The qualified debt of an 
        eligible country may be sold, reduced, or cancelled 
        pursuant to this section only if that country has been 
        offered the opportunity to purchase that debt pursuant 
        to section 616 and has not accepted that offer.
    (e) Limitation.--In the aggregate, not more than 40 percent 
of the qualified debt of an eligible country may be sold, 
reduced, or cancelled under this section or sold under section 
616.
    (f) Administration.--The Facility shall notify the 
Commodity Credit Corporation of purchasers and payors the 
President has determined to be eligible under subsection (c), 
and shall direct the corporation to carry out the sale, 
reduction, or cancellation of a qualified debt pursuant to this 
section. The Commodity Credit Corporation shall make an 
adjustment in its accounts to reflect such sale, reduction, or 
cancellation.
    (g) Appropriations Requirement.--The authorities provided 
by this section may be exercised only in such amounts and to 
such extent as is provided in advance in appropriations Acts.
    (h) Deposit of Proceeds.--The proceeds from the sale, 
reduction, or cancellation of qualified debt pursuant to this 
section shall be deposited in the United States Government 
account or accounts established for the repayment of such debt.
    (i) Eligible Debt Swaps.--As used in this section, the term 
``eligible debt swap'' means a debt-for-development swap or 
debt-for-nature swap.

SEC. 618.\30\ NOTIFICATION TO CONGRESSIONAL COMMITTEES.

    (a) Notice of Negotiations.--The Secretary of State and the 
Secretary of the Treasury shall, in every feasible instance, 
notify the designated congressional committees not less than 15 
days prior to any formal negotiation for debt relief under this 
title.
---------------------------------------------------------------------------
    \30\7 U.S.C. 1738q. Added by sec. 2 of Public Law 102-532 (106 
Stat. 3509).
---------------------------------------------------------------------------
    (b) Transmittal of Text of Agreements.-The Secretary of 
State shall transmit to the designated congressional committees 
a copy of the text of any agreement with any foreign government 
which would result in any debt relief under this title no less 
than 30 days prior to its entry into force, together with a 
detailed justification of the interest of the United States in 
the proposed debt relief.
    (c) Annual Report.--The Secretary of State or the Secretary 
of the Treasury, as appropriate, shall submit to the designated 
congressional committees not later than February 1 of each year 
a consolidated statement of the budgetary implications of all 
debt relief agreements entered into force under this title 
during the preceding fiscal year.
    (d) Designated Congressional Committees.--As used in this 
section, the term ``designated congressional committees'' means 
the Committee on Agriculture and the Committee on Foreign 
Affairs\31\ of the House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate.
---------------------------------------------------------------------------
    \31\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. 619.\32\ DEFINITION OF QUALIFIED DEBT.

    As used in sections 616, 617, and 618, the term ``qualified 
debt'' means any obligation, or portion of such obligation, of 
an eligible 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 or section 4(b) of the Food for Peace Act of 1966--
---------------------------------------------------------------------------
    \32\7 U.S.C. 1738r. Added by sec. 2 of Public Law 102-532 (106 
Stat. 3509).
---------------------------------------------------------------------------
          (1) in which the Commodity Credit Corporation 
        obtained a legal right or interest, as a result of 
        assignment or subrogation, not later than September 1, 
        1992; and
          (2) the payment of which obligation has been, not 
        later than September 1, 1992, rescheduled in accordance 
        with principles set forth in an Agreed Minute of the 
        Paris Club.
Such term includes the obligation to pay any interest which was 
due or accrued not later than September 1, 1992, and unpaid as 
of the date of a debt sale pursuant to section 616 or a debt 
sale, reduction, or cancellation pursuant to section 617 (as 
the case may be).
       (4) Urgent Assistance for Democracy in Panama Act of 1990

 Partial text of Public Law 101-243 [H.R. 3952], 104 Stat. 7, approved 
                           February 14, 1990

AN ACT To authorize certain United States assistance and trade benefits 
                   for Panama 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

    This Act may be cited as the ``Urgent Assistance for 
Democracy in Panama Act of 1990''.

                            TITLE I--PANAMA

SEC. 101. IMMEDIATE UNITED STATES ASSISTANCE.

    (a) Economic Assistance Programs.--
          (1) Authority to use funds for economic assistance.--
                  (A) In general.--The President may use up to 
                $32,000,000 of funds made available for 
                economic assistance for Panama for fiscal year 
                1990 notwithstanding the provisions of law 
                specified in subsection (c) of this section.
                  (B) Deobligation/reobligation authority.--
                Funds may be made available for use under 
                subparagraph (A) without regard to the 
                limitation in section 515 of the Foreign 
                Operations, Export Financing, and Related 
                Programs Appropriations Act, 1990 (Public Law 
                101-167), that funds deobligated under that 
                section are available for reobligation only for 
                countries within the same general region for 
                which the funds were originally obligated.
                  (C) Economic assistance defined.--As used in 
                subparagraph (A), the term ``economic 
                assistance'' means assistance under part I of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 
                2151 and following; relating to development and 
                related economic assistance programs) and 
                assistance under chapter 4 of part II of that 
                Act (22 U.S.C. 2346 and following; relating to 
                the economic support fund).
          (2) Authority to use certain guarantee authorities.--
        The President--
                  (A) may use up to $10,000,000 of the guaranty 
                authority available to carry out section 222 of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 
                2182; relating to the housing guaranty 
                program), and
                  (B) may exercise the authorities of section 
                224 of that Act (22 U.S.C. 2184; relating to 
                the trade credit insurance program for Central 
                America),
                with respect to Panama for fiscal year 1990 
                without regard to the provisions of law 
                specified in subsection (c) of this section.
    (b) Law Enforcement Assistance.--
          (1) Administration of justice program.--Up to 
        $1,200,000 of the funds made available for Panama under 
        subsection (a)(1) of this section may be used to 
        provide--
                  (A) assistance authorized by subsection 
                (b)(3) of section 534 of the Foreign Assistance 
                Act of 1961 (22 U.S.C. 2346c; relating to the 
                administration of justice program); and
                  (B) training for the Public Forces and other 
                civilian law enforcement forces of Panama in 
                human rights, civil law, and investigative and 
                civilian law enforcement techniques, 
                notwithstanding section 660 of that Act (22 
                U.S.C. 2420; relating to the prohibition on 
                assistance for law enforcement forces).
                All assistance provided for Panama under this 
                paragraph shall be counted toward the 
                limitation contained in the second sentence of 
                section 534(e) of that Act\1\ and toward the 
                requirement of the second sentence of section 
                599G(c) of the Foreign Operations, Export 
                Financing, and Related Programs Appropriations 
                Act, 1990 (Public Law 101-167).\2\
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    \1\The second sentence of sec. 534(e) of the Foreign Assistance Act 
of 1961 provided the following regarding funds for the Administration 
of Justice program:
    ``Of the funds made available to carry out this section, not more 
than $7,000,000 may be made available in fiscal year 1990 to carry out 
the provisions of subsection (b)(3) of this section.''.
    \2\The second sentence of sec. 599G(c) of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1990 (Public 
Law 101-167), provided the following:
    ``Not less than $7,000,000 of the funds made available to carry out 
the provisions of chapter 4 of part II of the Foreign Assistance Act of 
1961 for fiscal year 1990 shall be made available for the purposes of 
subsection 534(b)(3) of the Foreign Assistance Act of 1961.''.
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          (2) Use of military assistance pipeline for panama to 
        procure law enforcement equipment.--
                  (A) Authority.--Prior year military 
                assistance funds that are obligated for Panama 
                shall be available to finance the procurement 
                of defense articles by law enforcement services 
                (other than training) notwithstanding the 
                provisions of law specified in subsection (c) 
                of this section and section 660 of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2420; 
                relating to the prohibition on assistance for 
                law enforcement forces).
                  (B) Limitations on lethal equipment.--Not 
                more than $500,000 of the funds made available 
                under subparagraph (A) may be used for the 
                procurement of lethal equipment. Only lethal 
                equipment that is appropriate for standard 
                civilian law enforcement requirements may be 
                procured with such funds.
                  (C) Prior year military assistance funds 
                defined.--As used in subparagraph (A), the term 
                ``prior military assistance funds'' means funds 
                that were appropriated for a fiscal year prior 
                to fiscal year 1990 to carry out chapter 2 of 
                part II of the Foreign Assistance Act of 1961 
                (22 U.S.C. 2311 and following; relating to the 
                grant military assistance program) or section 
                23 of the Arms Export Control Act (22 U.S.C. 
                2763; relating to foreign military sales 
                credits).
          (3) Congressional notification requirements.--
                  (A) In general.--Except as provided in 
                subparagraph (B) of this paragraph, the 
                President shall notify the congressional 
                committees specified in section 634A of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2394-
                1) in accordance with the procedures applicable 
                to reprogrammings under that section at least 
                15 days before--
                          (i) each obligation of funds under 
                        paragraph (1) of this subsection, and
                          (ii) each commitment to use funds 
                        under paragraph (2) of this subsection.
                  (B) Exception.--Such notification is not 
                required with respect to--
                          (i) obligations under paragraph (1), 
                        and
                          (ii) commitments to use funds under 
                        paragraph (2) for the procurement of 
                        uniforms and communications equipment 
                        (and related defense services),
                        that occur prior to the end of the 15-
                        day period beginning on the date of 
                        enactment of this Act to the extent 
                        that such obligations or commitments, 
                        as the case may be, were previously 
                        justified to the Congress.
    (c) Brooke-Alexander Amendment.--The provisions of law 
referred to in subsections (a)(1), (a)(2), and (b)(2)(A) of 
this section are sections 620(q) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2370(q); and section 518 of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Public Law 101-167), and the 
corresponding sections of foreign assistance appropriations 
Acts for prior fiscal years.

SEC. 102. RESUMPTION OF UNITED STATES ASSISTANCE: ANTINARCOTICS 
                    CERTIFICATION REQUIREMENTS.

    Because the vital national interests of the United States 
so require and because the Endara government of Panama has 
indicated its willingness, and is taking steps, to cooperate 
fully with the United States to control narcotics production, 
trafficking, and money laundering, the requirements of 
paragraphs (1) and (5) of section 481(h) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291(h)) shall cease to apply 
to Panama as of the date of enactment of this Act to the extent 
that those requirements became applicable to Panama by reason 
of the fact that the President did not make a certification 
with respect to Panama under paragraph (2) of that section at 
the time the international narcotics control strategy reports 
for 1988 and 1989 were submitted to the Congress pursuant to 
section 481(e) of that Act.

SEC. 103. RESUMPTION OF TRADE BENEFITS: ANTINARCOTICS CERTIFICATION 
                    REQUIREMENTS.

    (a) Resumption Upon Date of Enactment.--Because the vital 
national interests of the United States so require and because 
the Endara government of Panama has indicated its willingness, 
and is taking steps, to cooperate fully with the United States 
to control narcotics production, trafficking, and money 
laundering, the conditions specified in section 802(b)(4)(B) of 
the Narcotics Control Trade Act (19 U.S.C. 2492(b)(4)(B)) shall 
be deemed to be satisfied as of the date of enactment of this 
Act with respect to the action taken pursuant to section 802(a) 
of that Act that is described in subsection (b) of this 
section.
    (b) Specification of Benefits.--The action referred to in 
subsection (a) is the denial to articles imported from Panama 
of preferential tariff treatment under the Generalized System 
of Preferences (19 U.S.C. 2461 and following) and the Caribbean 
Basic Economic Recovery Act (19 U.S.C. 2701 and following) 
pursuant to Presidential Proclamation 5779 of March 23, 
1988.\3\
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    \3\For text of Presidential Proclamation 5779, see 53 F.R. 9850.
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SEC. 104. REPORT ON PANAMANIAN BANK SECRECY LAWS.

    (a) Congressional Concerns.--The Congress commends the 
Endara Government for its cooperation and assistance in 
freezing Panamanian bank accounts believed to be implicated in 
narcotics-related and other illegal financial transactions. The 
Congress remains concerned, however, that the current status of 
bank secrecy laws in Panama may lend itself to continued 
criminal abuse of those laws despite the best intentions of the 
Endara Government.
    (b) Report.--Therefore, no later than April 15, 1990, the 
President shall submit a detailed report to the Speaker of the 
House of Representatives and the Chairman of the Committee on 
Foreign Relations of the Senate on specific actions being 
undertaken by the Government of Panama to modify the existing 
bank secrecy regime in order to facilitate detection and 
prosecution of criminal activities, including--
          (1) the modification of bank secrecy laws by the 
        Government of Panama;
          (2) the conclusion of an exchange-of-information 
        agreement between the United States and Panama; and
          (3) agreements entered into by the Government of 
        Panama or in the process of negotiation that are 
        designed to deter illegal financial transactions and to 
        facilitate early detection and prosecution of such 
        illegal activities.

                TITLE II--EASTERN EUROPE AND YUGOSLAVIA

SEC. 201. ASSISTANCE TO SUPPORT TRANSITION TO DEMOCRACY.\4\
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    \4\For text, see page 88.
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          * * * * * * *
 (5) Survival Assistance to Victims of Civil Strife in Central America

 Public Law 101-215 [H.R. 3696], 103 Stat. 1852, approved December 11, 
  1989, as amended by Public Law 101-513 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 1991; H.R. 5114], 
               104 Stat. 1979, approved November 5, 1990

  AN ACT To provide survival assistance to victims of civil strife in 
                            Central America.

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

SECTION 1. SURVIVAL ASSISTANCE

    (a) Authorization.--The Agency for International 
Development shall use unobligated funds made available pursuant 
to section 8(a) of Public Law 100-276 to provide medical care 
and other relief for noncombatant victims of strife in Central 
America. Such assistance shall be used to make available 
prosthetic devices and rehabilitation, provide medicines and 
immunizations, assist burn victims, help orphans, and otherwise 
provide assistance for noncombatants who have been physically 
injured or displaced by civil strife in Central America. 
Priority shall be given to those with the greatest needs for 
assistance.
    (b) Use of PVO's and International Relief Organizations.--
Assistance pursuant to this section shall be provided only 
through nonpolitical private and voluntary organizations and 
international relief organizations. Preference in the 
distribution of such assistance shall be given to organizations 
presently providing similar services such as Catholic Relief 
Services, the International Committee of the Red Cross, CARE, 
the United Nations Children's Fund, the United Nations High 
Commission for Refugees, Partners of the Americas, and the Pan 
American Health Organization.
    (c)\1\ Assistance in Nicaragua. * * * [Repealed--1990]
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    \1\Sec. 577(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2044), repealed subsec. (c). It previously read as follows:
    ``(c) Not more than one-half of the assistance provided under this 
section may be provided through nonpolitical private and voluntary 
organizations and international relief organizations operating inside 
Nicaragua. None of the assistance pursuant to this section may be 
provided to or through the Government of Nicaragua.''.
    Sec. 577(a) of that Act also provided that:
    ``(a) None of the funds appropriated by this Act [Public Law 101-
513] shall be provided for any member of the Nicaraguan resistance who 
has not disarmed and is not abiding by the terms of the cease-fire 
agreement and the addendums to the Toncontin Agreement signed on April 
19, 1990.''.
                 (6) Central American Peace Assistance

Public Law 100-276 [H.J.Res. 523], 102 Stat. 62, approved April 1, 1988

     JOINT RESOLUTION To provide assistance and support for peace, 
           democracy, and reconciliation in Central America.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,
  Section 1. General Policy.--It is the policy of the United 
States to advance peace and democracy in Central America, and 
to preserve and protect security interests in the region. 
Pursuant to that policy, it is the purpose of this joint 
resolution to assist in bringing peace and democracy to Central 
America, in a manner compatible with the Guatemala Peace Accord 
of August 7, 1987, the Declaration of the Presidents of the 
Central American Nations at San Jose, Costa Rica on January 16, 
1988, the Agreement Between the Government of Nicaragua and the 
Nicaraguan Resistance signed March 23, 1988 at Sapoa, Nicaragua 
(hereinafter referred to as the ``Sapoa Agreement'') and 
consistent with the national security interests of the United 
States.
    Sec. 2. Consistency With Sapoa Agreement.--The assistance 
and support for which this joint resolution provides shall be 
administered consistent with the Sapoa Agreement. No authority 
contained in this joint resolution is intended to be exercised 
in any manner that might be determined by the Verification 
Commission established by the Sapoa Agreement to be 
inconsistent with that Agreement or any subsequent agreement 
between the Government of Nicaragua and the Nicaraguan 
democratic resistance.
    Sec. 3. Purpose of Additional Assistance for the Nicaraguan 
Democratic Resistance.--(a) Congressional Intent.--It is the 
intention of Congress in providing additional assistance to the 
Nicaraguan democratic resistance to reinforce the Central 
American peace process by supporting negotiations leading to a 
permanent negotiated ceasefire agreement. Such an agreement is 
seen by the Congress as an essential step towards the 
establishment of peace and democracy in Nicaragua. The Congress 
provides assistance under this section with the understanding 
and strong expectation that the Government of Nicaragua and the 
Nicaraguan democratic resistance will cease permanently 
offensive military activities against each other and engage in 
good faith negotiations towards a permanent ceasefire.
    (b) Transfer and Use.--(1) The President is authorized to 
transfer to the Agency for International Development 
$17,700,000 of unobligated funds from the appropriations 
accounts specified in section 6 to provide assistance for the 
Nicaraguan democratic resistance in accordance with this joint 
resolution. Funds so transferred shall remain available through 
September 30, 1988.
    (2) The amount which is authorized to be transferred under 
paragraph (1) shall be reduced by the cost to the United States 
Government of any items or services described in subsection 
(c)(1) which were previously, specifically authorized by law 
for the Nicaraguan democratic resistance and which are 
delivered to the Nicaraguan democratic resistance under 
subsection (e).
    (c) Description of Assistance Allowed.--(1) As used in this 
section, ``assistance'' means only food, clothing, shelter, 
medical services, medical supplies, and payment for such items 
or services.
    (2) The term ``assistance'' under this section also 
includes, to the extent consistent with the Sapoa Agreement, 
the use of not to exceed $1,500,000 of the funds made available 
under subsection (b) for the purchase of communications 
equipment.
    (d) Limitations.--The amount of funds transferred under 
subsection (b) which is obligated each month for purchasing 
items and services described in subsection (c)(1)--
          (1) for April and May 1988, shall not exceed 
        $2,900,000, of which not less than $400,000 each month 
        shall be available only for medical supplies and 
        medical services; and
          (2) for any month thereafter, shall not exceed 
        $2,700,000,
except that each such amount for any month shall be reduced by 
the cost to the United States Government of the items and 
services described in subsection (c)(1)) (medical supplies and 
medical services in the case of the second amount specified in 
paragraph (1) which were previously, specifically authorized by 
law for the Nicaraguan democratic resistance and which are 
delivered to the Nicaraguan democratic resistance under 
subsection (e) during that month.
    (e) Transportation.--(1) The President shall transfer to 
the Agency for International Development, from unobligated 
funds from the appropriations accounts specified, in section 6, 
such funds as may be necessary to provide, to the extent 
consistent with the Sapoa Agreement, transportation for the 
assistance authorized by subsection (b), including rental and 
indemnification of aircraft, trucks or other vehicles, and 
transportation for the items and services described in 
paragraph (3) of this subsection.
    (2) Transportation provided under this subsection may not 
be used to deliver any assistance for the Nicaraguan democratic 
resistance other than the assistance authorized by subsection 
(b) and the items and services described in paragraph (3) of 
this subsection.
    (3) Transportation may be provided under this subsection 
for items and services described in subsection (c)(1) which 
were previously, specifically authorized by law for the 
Nicaraguan democratic resistance.
    (f) Prohibitions.--(1) Funds transferred by subsections (b) 
or (e) may not be obligated or expended to purchase aircraft or 
weapons, weapons systems, or ammunition or any other item or 
service not permitted under subsection (c) or to provide any 
transportation other than transportation permitted under 
subsection (e).
    (2) Except for items delivered under subsection (e)(3), no 
item authorized by ``Title II--Central America'' in section 
101(k) of the continuing appropriations resolution for the 
fiscal year 1987 (Public Laws 99-500 and 99-591) or section 111 
of the joint resolution making further continuing 
appropriations for the fiscal year 1988 (Public Law 100-202) 
may be provided to the Nicaragua democratic resistance.
    (g) Assistance for Yatama.--(1) In order to support all 
elements of the Nicaraguan democratic resistance, assistance 
authorized by subsection (b) (including the cost of the United 
States Government of items and services delivered under 
subsection (e)(3)) in the amount of $2,190,000 shall be 
provided only to the Indian resistance force known as Yatama.
    (2) The Agency for International Development shall ensure 
that assistance under this subsection for Yatama is provided 
consistent with the Preliminary Accord signed by Yatama and the 
Government of Nicaragua on February 2, 1988, and any subsequent 
agreement based on that Accord.
    Sec. 4. Direction, Management and Delivery.--(a) Delivery 
of Assistance.--(1) The Agency for International Development 
shall direct, manage and provide for the delivery of assistance 
and support to the Nicaraguan democratic resistance through 
neutral organizations consistent with the Sapoa Agreement and 
as authorized by this joint resolution.
    (2) The President shall transfer not to exceed $2,500,000 
from the unobligated funds in the appropriations accounts 
specified in section 6 for ``Operating Expenses of the Agency 
for International Development'' to meet the necessary 
administrative expenses to carry out the purposes of this joint 
resolution.
    (b) Inapplicability of Certain Prohibitions.--Prohibitions 
on the furnishing of foreign assistance to Nicaragua shall not 
be construed to apply to the provision within Nicaragua of the 
assistance authorized by this joint resolution.
    (c) Accountability Standards, Procedures, and Controls.--In 
implementing this joint resolution, the Agency for 
International Development shall adopt standards, procedures, 
and controls for the accountability of funds comparable to 
those applicable with respect to the assistance for the 
Nicaraguan democratic resistance provided under section 111 of 
the joint resolution making further continuing appropriations 
for the fiscal year 1988 (Public Law 100-202).
    (d) Interagency Cooperation.--All Government agencies shall 
cooperate with the Agency for International Development to 
ensure the orderly, effective direction, management, and 
delivery by the Agency of assistance for the Nicaraguan 
democratic resistance. Such cooperation shall include detailing 
to the Agency, on a reimbursable basis, such personnel as the 
Agency, with the approval of the President, may request.
    (e) Supplemental Authorities.--In addition to the 
authorities otherwise available by law to the Agency for 
International Development, in carrying out this joint 
resolution, the Agency for International Development may 
exercise the same authorities, including authorities relating 
to procurement and expenditure of Government funds other than 
confidential funds, as the agency administering the assistance 
provided pursuant to section 111 of the joint resolution making 
further continuing appropriations for the fiscal year 1988 
(Public Law 100-202) could exercise with respect to provision 
of that assistance.
    Sec. 5. General Authorities and Limitations.--(a) 
Requirements Deemed Satisfied.--The requirements, terms and 
conditions of section 104 of the Intelligence Authorization 
Act, Fiscal Year 1988 (Public Law 100-178), section 8144 of the 
Department of Defense Appropriations Act, 1988 (as contained in 
section 101(b) of Public Law 100-202), section 10 of Public Law 
91-672, section 502 of the National Security Act of 1947, 
section 15(a) of the State Department Basic Authorities Act of 
1956, and any other provision of law shall be deemed to have 
been met for the transfer and use, consistent with the 
provisions of this joint resolution, of the funds made 
available by this joint resolution.
    (b) Continuation of Limitations.--Sections 203(e), 204(b), 
207, 209(b), 209(c), and 216 in ``Title II--Central America'' 
in section 101(k) of the continuing appropriations resolution 
for the fiscal year 1987 (Public Laws 99-500 and 99-591), shall 
apply with respect to funds made available by this joint 
resolution, except that section 216 shall not apply with 
respect to personnel of the Agency for International 
Development or the Department of State.
    Sec. 6. Defense Appropriations Accounts.--The 
appropriations accounts to which this resolution refers are the 
following accounts in the Department of Defense Appropriations 
Act, 1986, as contained in section 101(b) of the further 
continuing appropriations resolution for the fiscal year 1986 
(Public Law 99-190):
          (1) Missile Procurement, Army;
          (2) Other, Procurement, Army;
          (3) Other Procurement, Navy;
          (4) Missile Procurement, Air Force;
          (5) Aircraft Procurement, Air Force; and
          (6) Weapons Procurement, Navy;
except that section 1351 of the National Defense Authorization 
Act for Fiscal Year 1987 (Public Law 99-661) shall apply.
    Sec. 7. Audit of Funds.--The Comptroller General shall 
conduct an independent audit of funds expended in the provision 
of assistance and support under this joint resolution.
    Sec. 8. Children's Survival Assistance.--(a)\1\ 
Authorization.--The President shall transfer to the Agency for 
International Development $17,700,000 of unobligated funds from 
the appropriations accounts specified in section 6 to provide 
medical care and other relief for children who are victims of 
the Nicaraguan civil strife. Such assistance shall be used to 
make available prosthetic devices and rehabilitation, provide 
medicines and immunizations, assist burn victims, help children 
who have been orphaned, and otherwise provide assistance for 
children who have been physically injured or displaced by the 
Nicaraguan civil strife. Priority shall be given to those 
children with the greatest needs for assistance. Funds 
transferred pursuant to this subsection shall remain available 
until expended.
---------------------------------------------------------------------------
    \1\Sec. 1 of Public Law 101-215 (103 Stat. 1852) provided the 
following:
    ``(a) Authorization.--The Agency for International Development 
shall use unobligated funds made available pursuant to section 8(a) of 
Public Law 100-276 to provide medical care and other relief for 
noncombatant victims of civil strife in Central America. Such 
assistance shall be used to make available prosthetic devices and 
rehabilitation, provide medicines and immunizations, assist burn 
victims, help orphans, and otherwise provide assistance for 
noncombatants who have been physically injured or displaced by civil 
strife in Central America. Priority shall be given to those with the 
greatest needs for assistance.''.
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    (b) Use of PVO's and International Relief Organizations.--
Assistance pursuant to this section shall be provided only 
through nonpolitical private and voluntary organizations and 
international relief organizations. Preference in the 
distribution of such assistance shall be given to organizations 
presently providing similar services such as the Catholic 
Relief Services, International Committee of the Red Cross, 
CARE, United Nations Children's Fund, United Nations High 
Commissioner for Refugees, Partners of the Americas, and the 
Pan-American Health Organization.
    (c) Children in Nicaragua.--At least one-half of the 
assistance provided under this section shall be provided 
through nonpolitical private and voluntary organizations and 
international relief organizations operating inside Nicaragua. 
None of this assistance may be provided to or through the 
Government of Nicaragua.
    Sec. 9. Verification Commission.--The President shall 
transfer to the Agency for International Development 
$10,000,000 of unobligated funds from the appropriations 
accounts specified in section 6 for periodic payments to 
support the activities of the Verification Commission 
established by the Sapoa Agreement. Funds transferred pursuant 
to this section shall remain available until expended.
             (7) Latin American Development Act, as amended

  Public Law 86-735 [H.R. 13021], 74 Stat. 869, approved September 8, 
1960; as amended by Public Law 87-195 [Foreign Assistance Act of 1961, 
 S. 1983], 75 Stat. 424, approved September 4, 1961; and by Public Law 
   88-205 [Foreign Assistance Act of 1963, H.R. 7885], 77 Stat. 379, 
                       approved December 16, 1963

 AN ACT To provide for assistance in the development of Latin America 
      and in the reconstruction of Chile, 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 ``Latin American Development Act''.\1\
---------------------------------------------------------------------------
    \1\Sec. 401(a) of the FA Act of 1963 (Public Law 88-205) inserted 
the words ``That this Act may be cited as the `Latin American 
Development Act'.''
---------------------------------------------------------------------------

                          STATEMENT OF POLICY

    Sec. 1.\2\ (a) It is the sense of the Congress that--
---------------------------------------------------------------------------
    \2\22 U.S.C. 1942.
---------------------------------------------------------------------------
          (1) the historic, economic, political, and geographic 
        relationships among the American Republics are unique 
        and of special significance and, as appropriate, should 
        be so recognized in future legislation;
          (2) although governmental forms differ among the 
        American Republics, the peoples of all the Americas are 
        dedicated to the creation and maintenance of 
        governments which will promote individual freedom;
          (3) the interests of the American Republics are so 
        interrelated that sound social and economic progress in 
        each is of importance to all and that lack of it in any 
        American Republic may have serious repercussions in 
        others;
          (4) for the peoples of Latin America to continue to 
        progress within the framework of our common heritage of 
        democratic ideals, there is a compelling need for the 
        achievement of social and economic advance adequate to 
        meet the legitimate aspirations of the individual 
        citizens of the countries of Latin America for a better 
        way of life;
          (5) there is a need for a plan of hemispheric 
        development, open to all American Republics which 
        cooperate in such plan, based upon a strong production 
        effort, the expansion of foreign trade, the creation 
        and maintenance of internal financial stability, the 
        growth of free economic and social institutions, and 
        the development of economic cooperation, including all 
        possible steps to establish and maintain equitable 
        rates of exchange and to bring about the progressive 
        elimination of trade barriers;
          (6) mindful of the advantages which the United States 
        has enjoyed through the existence of a large domestic 
        market with no internal trade barriers, and believing 
        that similar advantages can accrue to all countries, it 
        is the hope of the people of the United States that all 
        American Republics will jointly exert sustained common 
        efforts which will speedily achieve that economic 
        cooperation in the Western Hemisphere which is 
        essential for lasting peace and prosperity; and
          (7) accordingly, it is declared to be the policy of 
        the people of the United States to sustain and 
        strengthen principles of individual liberty, free 
        institutions, private enterprise, and genuine 
        independence in the Western Hemisphere through 
        cooperation with all American Republics which 
        participate in a joint development program based upon 
        self-help and mutual efforts.
    (b) In order to carry forward the above policy, the 
Congress hereby--
          (1) urges the President through our constitutional 
        processes to develop cooperative programs on a 
        bilateral or multilateral basis which will set forth 
        specific plans of action designed to foster economic 
        progress and improvements in the welfare and level of 
        living of all the peoples of the American Republics on 
        the basis of joint aid, mutual effort, and common 
        sacrifice;
          (2) proposes the development of workable procedures 
        to expand hemispheric trade and to moderate extreme 
        price fluctuations in commodities which are of 
        exceptional importance in the economies of the American 
        Republics, and encourages the development of regional 
        economic cooperation among the American Republics;
          (3) supports the development of a more accurate and 
        sympathetic understanding among the peoples of the 
        American Republics through a greater interchange of 
        persons, ideas, techniques, and educational, 
        scientific, and cultural achievements;
          (4) supports the strengthening of free democratic 
        trade unions to raise standards of living through 
        improved management-labor relations;
          (5) favors the progressive development of common 
        standards with respect to the rights and the 
        responsibilities of private investment with flows 
        across national boundaries within the Western 
        Hemisphere;
          (6) supports the consolidation of the public 
        institutions and agencies of inter-American 
        cooperation, insofar as feasible, within the structure 
        of the Organization of American States and the 
        strengthening of the personnel resources and authority 
        of the Organization in order that it may play a role of 
        increasing importance in all aspects of hemispheric 
        cooperation; and
          (7) declares that it is prepared to give careful and 
        sympathetic consideration to programs which the 
        President may develop for the purpose of promoting 
        these policies.

                             AUTHORIZATION

    Sec. 2.\3\ In order to carry out the purposes of section 1 
of this Act, there is hereby authorized to be appropriated to 
the President not to exceed $680,000,000,\4\ which shall remain 
available until expended, and which the President may use, 
subject to such further legislative provisions as may be 
enacted, in addition to other funds available for such 
purposes, on such terms and conditions as he may specify: 
Provided, That none of the funds made available pursuant to 
this section shall be used to furnish assistance to any country 
in Latin America being subjected to economic or diplomatic 
sanctions by the Organization of American States. The Secretary 
of State shall keep the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs\5\ of the House 
currently informed about plans and programs for the utilization 
of such funds.
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    \3\22 U.S.C. 1943.
    \4\Sec. 401(b) of the FA Act of 1963 (Public Law 88-205), 
substituted ``$680,000,000'' for ``$500,000,000''. Public Law 87-41, 
approved May 27, 1961, appropriated $500 million for the Inter-American 
Social and Economic Cooperation Program to remain available until 
expended.
    \5\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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            SPECIAL AUTHORIZATION FOR CHILEAN RECONSTRUCTION

    Sec. 3.\6\ There is hereby authorized to be appropriated to 
the President not to exceed $100,000,000,\7\ which shall remain 
available until expended, for use, in addition to other funds 
available for such purposes, in the reconstruction and 
rehabilitation of Chile on such terms and conditions as the 
President may specify.
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    \6\22 U.S.C. 1944.
    \7\Public Law 87-41 appropriated ``$100,000,000, to remain 
available until expended.''
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                         GENERAL PROVISIONS\8\

    Sec. 4.\9\ (a) Funds appropriated under sections 2 and 3 of 
this Act may be used for assistance under this Act pursuant to 
such provisions applicable to the furnishing of such assistance 
contained in any successor Act to the Mutual Security Act of 
1954, as amended, as the President determines to be necessary 
to carry out the purposes for which such funds are 
appropriated.
---------------------------------------------------------------------------
    \8\Sec. 4 and title ``General Provisions'' were added by sec. 706 
of the FA Act of 1961 (Public Law 87-195; 75 Stat. 724).
    \9\22 U.S.C. 1945.
---------------------------------------------------------------------------
    (b) Of the funds appropriated under section 2 of this Act 
not more than $800,000 shall be available only for assisting in 
transporting to and settling in Latin America selected 
immigrants from that portion of the Ryukyuan Archipelago under 
United States administration.
    (8) Implementation of the Enterprise for the Americas Initiative

  Executive Order 12757, March 19, 1991, 56 F.R. 12107, 7 U.S.C. 1738 
 note; as amended by Executive Order 12823, December 3, 1992, 57 F.R. 
  57645; and by Executive Order 13028, December 3, 1996, 61 F.R. 64589

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the Agricultural Trade Development and Assistance Act 
of 1954 (``ATDA Act''),\1\ as amended by Public law 101-624, 
Public Law 102-237, the Foreign Assistance Act of 1961 
(``FAA''), as amended by Public Law 102-549, and section 571 of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1996 (``Public Law 104-107''),\2\ it is 
hereby ordered as follows:
---------------------------------------------------------------------------
    \1\The text in parentheses was amended by sec. 1(a)(1) of Executive 
Order 12823 (57 F.R. 57645). It formerly read ``Act''.
    \2\Sec. 1(a)(2) of Executive Order 12823 (57 F.R. 57645) struck out 
``section 1512 of Public Law 101-624,'' and inserted in lieu thereof 
``Public law 101-624, Public Law 102-237, and the Foreign Assistance 
Act of 1961 (``FAA''), as amended by Public Law 102-549''. Sec. 1(a) of 
Executive Order 13028 (61 F.R. 64589) further amended the preamble by 
striking ``and'' after ``Public Law 102-237'' and inserting reference 
to public Law 104-107
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    Section 1. The functions vested in the President by section 
603, 604, 611, and 614 of the ATDA Act, sections 703 and 704 of 
the FAA, and section 571(a)(1) of Public Law 104-107\3\ are 
delegated to the Secretary of the Treasury (``Secretary''), who 
shall exercise such functions in accordance with 
recommendations of the National Advisory Council on 
International Monetary and Financial Policies (``Council''), as 
established by Executive Order No. 11269 of February 14, 1966; 
except that, with respect to the eligibility determinations 
required by section 703(a)(1), (2), (3), and (4) of the FAA, 
the Secretary of the Treasury shall act in accordance with the 
recommendations of the Secretary of State.\4\ The functions 
vested in the President by section 571(a)(2), (c) and (d) of 
Public Law 104-107 are also delegated to the Secretary, who 
shall exercise such functions in accordance with 
recommendations of the Council and in consultation with the 
Secretary of State.\5\ The Secretary of State, when necessary, 
shall report to the Council regarding the need to review the 
implementation of environmental programs pursuant to section 
611 of the ATDA Act.\6\
---------------------------------------------------------------------------
    \3\Sec. 1(b)(1) of Executive Order 12823 (57 F.R. 57645) struck out 
``Act'' and inserted in lieu thereof ``ATDA Act and sections 703 and 
704 of the FAA''. Sec. 1(b) of Executive Order subsequently amended 
this sentence by striking out ``and'' after ``ATDA Act'', inserting in 
lieu thereof a comma, and adding ``, and section 571(a)(1) of Public 
Law 104-107''.
    \4\Sec. 1(b)(2) of Executive Order 12823 (57 F.R. 57645) inserted 
``; except that, with respect to the eligibility determinations 
required by section 703(a)(1), (2), (3), and (4) of the FAA, the 
Secretary of the Treasury shall act in accordance with the 
recommendations of the Secretary of State'' after ``1966''.
    \5\Sec. 1(b)(3) of Executive Order 13028 (61 F.R. 64589) added this 
sentence.
    \6\Sec. 1(b)(3) of Executive Order 12823 (57 F.R. 57645) struck out 
``Act'' and inserted in lieu thereof ``ATDA Act''.
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    Sec. 2. (a) For purposes of section 1 of this order only, 
the membership of the Council shall be expanded to include the 
following: the Secretary of Agriculture, the Director of the 
Office of Management and Budget, the Chairman of the Council of 
Economic Advisers,the Chairman of the Council on Environmental 
Quality, and the Administrator of the Environmental Protection 
Agency.
    (b) Whenever matters being considered by the Council may be 
of interest to an agency not represented on the Council, the 
chairperson may invite a representative of such agency to 
participate in meetings and deliberations of the Council.
    (c) In the event of a disagreement among agencies 
represented on the Council, the Secretary shall refer the issue 
to the appropriate Cabinet-level body designated by the 
President.
    Sec. 3. (a) The functions vested in the President by 
section 607 of the ATDA Act\7\ are delegated to the Secretary 
of State, in consultation with the Department of the Treasury, 
the Department of Agriculture, the Department of Commerce, the 
Council on Environmental Quality, the Environmental Protection 
Agency, the Agency for International Development, and any other 
agency determined by the Secretary of State to have an interest 
in an environmental framework agreement.
---------------------------------------------------------------------------
    \7\Sec. 1(c) of Executive Order 12823 (57 F.R. 57645) struck out 
``Act'' and inserted in lieu thereof ``ATDA Act''.
---------------------------------------------------------------------------
    (b) Pursuant to section 610(c) of the ATDA Act and section 
709(1) of the FAA,\8\ the Enterprise for the Americas Board\9\ 
shall also advise the Secretary of State on the negotiations of 
the environmental framework agreements and the Americas 
Framework Agreements.\10\
---------------------------------------------------------------------------
    \8\Sec. 1(d)(1) of Executive Order 12823 (57 F.R. 57645) struck out 
``Act'' and inserted in lieu thereof ``ATDA Act and section 709(1) of 
the FAA''.
    \9\Sec. 1(d)(2) of Executive Order 12823 (57 F.R. 57645) struck out 
``the Environment for the Americas Board'' and inserted in lieu thereof 
``the Enterprise for the Americas Board''.
    \10\Sec. 1(d)(3) of Executive Order 12823 (57 F.R. 57645) inserted 
``and the Americas Framework Agreements'' after ``agreements''.
---------------------------------------------------------------------------
    (c) The Secretary of State shall ensure that the elements 
and requirements for the Administering Bodies established in 
section 607(c) of the ATDA Act and section 708(c) of the 
FAA\11\ shall be included in the environmental framework 
agreements and the Americas Framework Agreements.\12\
---------------------------------------------------------------------------
    \11\Sec. 1(e)(1) of Executive Order 12823 (57 F.R. 57645) struck 
out ``Act'' and inserted in lieu thereof ``ATDA Act and section 708(c) 
of the FAA''.
    \12\Sec. 1(e)(2) of Executive Order 12823 (57 F.R. 57645) inserted 
``and the Americas Framework Agreements'' after ``agreements''.
---------------------------------------------------------------------------
    Sec. 4. (a) The six\13\ U.S. Government members of the 
Enterprise for the Americas Board\14\ (``Board'') established 
by section 610 of the ATDA Act\15\ shall be representatives 
from the Department of State, the Department of the Treasury, 
the Department of Agriculture,\16\ the Environmental Protection 
Agency, the Agency for International Development, and the 
Inter-American Foundation.
---------------------------------------------------------------------------
    \13\Sec. 1(f)(1) of Executive Order 12823 (57 F.R. 57645) struck 
out ``five'' and inserted in lieu thereof ``six''.
    \14\Sec. 1(f)(2) of Executive Order 12823 (57 F.R. 57645) struck 
out``Environment for the Americas Board'' and inserted in lieu thereof 
``Enterprise for the Americas Board''.
    \15\Sec. 1(f)(3) of Executive Order 12823 (57 F.R. 57645) struck 
out``Act'' and inserted in lieu thereof ``ATDA Act''.
    \16\Sec. 1(f)(4) of Executive Order 12823 (57 F.R. 57646) inserted 
``the Department of Agriculture,''.
---------------------------------------------------------------------------
    (b) The Department of Commerce,\17\ and other appropriate 
agencies may each send representatives to the meetings of the 
Board, and such representatives may participate in the 
activities of the Board.
---------------------------------------------------------------------------
    \17\Sec. 1(g) of Executive Order 12823 (57 F.R. 57646) struck out 
``the Department of Agriculture, '' here.
---------------------------------------------------------------------------
    (c) The representative from the Department of the Treasury 
shall be the chairperson of the Board. The representative from 
the Department of State shall be the vice chairman of the 
Board. The representative from the Environmental Protection 
Agency shall serve as secretary of the Board.
          (1) The chairperson shall be responsible for 
        presiding over the meetings of the Board, ensuring that 
        the views of all other participants are taken into 
        account, and coordinating with other appropriate 
        agencies in assisting the Board in its review of the 
        fiscal audits conducted pursuant to section 607(c)(4) 
        of the ATDA Act and section 708(c)(3)(C) of the 
        FAA.\18\
---------------------------------------------------------------------------
    \18\Sec. 1(h) of Executive Order 12823 (57 F.R. 57646) struck out 
``Act'' and inserted in lieu thereof ``ATDA Act and section 
708(c)(3)(C) of the FAA''.
---------------------------------------------------------------------------
          (2) The vice chairperson shall be responsible for 
        serving as liaison between the Board and local 
        governments, local nongovernmental organizations, and 
        the local Administering Bodies in Latin America and the 
        Caribbean, and for coordinating the international 
        activities related to programs funded under the ATDA 
        Act and Part IV of the FAA.\19\
---------------------------------------------------------------------------
    \19\Sec. 1(i) of Executive Order 12823 (57 F.R. 57646) struck out 
``Act'' and inserted in lieu thereof ``ATDA Act and Part IV of the 
FAA''.
---------------------------------------------------------------------------
          (3) The secretary of the Board shall be responsible 
        for coordinating the preparation of materials for Board 
        discussion, including the technical reviews of the 
        annual programs and reports required to be submitted to 
        the Board under section 607 (c)(5) and (c)(6) of the 
        ATDA Act and section 708(c)(3) (E) and (F) of the 
        FAA,\20\ and for preparing official minutes of Board 
        discussions.
---------------------------------------------------------------------------
    \20\Sec. 1(j) of Executive Order 12823 (57 F.R. 57646) struck out 
``Act'' and inserted in lieu thereof ``ATDA Act and section 708(c)(3) 
(E) and (F) of the FAA''.
---------------------------------------------------------------------------
    (d) The five\21\ private nongovernmental organization 
members of the Board shall be chosen by the President.
---------------------------------------------------------------------------
    \21\Sec. 1(k) of Executive Order 12823 (57 F.R. 57646) struck out 
``four'' and inserted in lieu thereof ``five''.
---------------------------------------------------------------------------
    Sec. 5. No new agreement under Title I of the Agricultural 
Trade Development and Assistance Act of 1954, as amended,\22\ 
and no new credit agreement under the Food for Progress Act of 
1985, as amended,\23\ shall be entered into with any country 
that is in default with respect to the payment of principal or 
interest on any obligation issued pursuant to section 604 of 
the ATDA Act\24\ unless such country meets its obligations or 
unless the President so authorizes.
---------------------------------------------------------------------------
    \22\Sec. 1(l)(1) of Executive Order 12823 (57 F.R. 57646) struck 
out ``by section 1512 of Public Law 101-624'' before the comma.
    \23\Sec. 1(l)(2) of Executive Order 12823 (57 F.R. 57646) inserted 
``, as amended,'' after ``1985''.
    \24\Sec. 1(l)(3) of Executive Order 12823 (57 F.R. 57646) struck 
out ``section 604 of the Act'' and inserted in lieu thereof ``section 
604 of the ATDA Act''.
---------------------------------------------------------------------------
    Sec. 6.\25\ Any references in this order to section 571, or 
any subsection of section 571, of Public Law 104-107 shall be 
deemed to include references to any hereinafter-enacted 
provision of law that is the same or substantially the same as 
such section 571 or any subsection thereof.
---------------------------------------------------------------------------
    \25\Added by sec. 1(d) of Executive Order 13028 (61 F.R. 64589).
---------------------------------------------------------------------------
    Sec. 7.\26\ This order is intended only to improve the 
internal management of the executive branch and is not intended 
to create any right or benefit, substantive or procedural, 
enforceable at law by a party against the United States, its 
agencies, its officers, or any person.
---------------------------------------------------------------------------
    \26\Originally issued as sec. 6; redesignated as sec. 7 by sec. 
1(c) of Executive Order 13028 (61 F.R. 64589).
                    e. Assistance to the Middle East

             (1) Middle East Peace Facilitation Act of 1995

 Title VI of Public Law 104-99 [Foreign Operations, Export Financing, 
 and Related Programs Appropriations Act, 1996, H.R. 1868, enacted by 
 reference in sec. 301 of Public Law 104-99; 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

          TITLE VI--MIDDLE EAST PEACE FACILITATION ACT OF 1995

                              SHORT TITLE

    Sec. 601. This title may be cited as the ``Middle East 
Peace Facilitation Act of 1995''.

                                FINDINGS

    Sec. 602. The Congress finds that--
          (1) the Palestine Liberation Organization (hereafter 
        the ``P.L.O.'') has recognized the State of Israel's 
        right to exist in peace and security, accepted United 
        Nations Security Council Resolutions 242 and 338, 
        committed itself to the peace process and peaceful 
        coexistence with Israel, free from violence and all 
        other acts which endanger peace and stability, and 
        assumed responsibility over all P.L.O. elements and 
        personnel in order to assure their compliance, prevent 
        violations, and discipline violators;
          (2) Israel has recognized the P.L.O. as the 
        representative of the Palestinian people;
          (3) Israel and the P.L.O. signed a Declaration of 
        Principles on Interim Self-Government Arrangements 
        (hereafter the ``Declaration of Principles'') on 
        September 13, 1993 at the White House;
          (4) Israel and the P.L.O. signed an Agreement on the 
        Gaza Strip and the Jericho Area (hereafter the ``Gaza-
        Jericho Agreement'') on May 4, 1994 which established a 
        Palestinian Authority for the Gaza and Jericho areas;
          (5) Israel and the P.L.O. signed an Agreement on 
        Preparatory Transfer of Powers and Responsibilities 
        (hereafter the ``Early Empowerment Agreement'') on 
        August 29, 1994 which provided for the transfer to the 
        Palestinian Authority of certain powers and 
        responsibilities in the West Bank outside of the 
        Jericho Area;
          (6) under the terms of the Israeli-Palestinian 
        Interim Agreement on the West Bank and Gaza (hereafter 
        the ``Interim Agreement) signed on September 28, 1995, 
        the Declaration of Principles, the Gaza-Jericho 
        Agreement and the Early Empowerment Agreement, the 
        powers and responsibilities of the Palestinian 
        Authority are to be assumed by an elected Palestinian 
        Council with jurisdiction in the West Bank and Gaza 
        Strip in accordance with the Interim Agreement;
          (7) permanent status negotiations relating to the 
        West Bank and Gaza Strip are scheduled to begin by May 
        1996;
          (8) the Congress has, since the conclusion of the 
        Declaration of Principles and the P.L.O.'s renunciation 
        of terrorism, provided authorities to the President to 
        suspend certain statutory restrictions relating to the 
        P.L.O., subject to Presidential certifications that the 
        P.L.O. has continued to abide by commitments made in 
        and in connection with or resulting from the good faith 
        implementation of, the Declaration of Principles;
          (9) the P.L.O. commitments relevant to Presidential 
        certifications have included commitments to renounce 
        and condemn terrorism, to submit to the Palestinian 
        National Council for former approval the necessary 
        changes to those articles of the Palestinian Covenant 
        which call for Israel's destruction, and to prevent 
        acts of terrorism and hostilities against Israel; and
          (10) the United States is resolute in its 
        determination to ensure that in providing assistance to 
        Palestinians living under the jurisdiction of the 
        Palestinian Authority or elsewhere, the beneficiaries 
        of such assistance shall be held to the same standard 
        of financial accountability and management control as 
        any other recipient of United States assistance.

                           SENSE OF CONGRESS

    Sec. 603. It is the sense of the Congress that the P.L.O. 
must do far more to demonstrate an irrevocable denunciation of 
terrorism and ensure a peaceful settlement of the Middle East 
dispute, and in particular it must--
          (1) submit to the Palestinian National Council for 
        formal approval the necessary changes to those articles 
        of the Palestinian National Covenant which call for 
        Israel's destruction;
          (2) make greater efforts to pre-empt acts of terror, 
        discipline violators and contribute to stemming the 
        violence that has resulted in the deaths of over 140 
        Israeli and United States citizens since the signing of 
        the Declaration of Principles;
          (3) prohibit participation in its activities and in 
        the Palestinian Authority and its successors by any 
        groups or individuals which continue to promote and 
        commit acts of terrorism;
          (4) cease all anti-Israel rhetoric, which potentially 
        undermines the peace process;
          (5) confiscate all unlicensed weapons;
          (6) transfer and cooperate in transfer proceedings 
        relating to any person accused by Israel to acts of 
        terrorism; and
          (7) respect civil liberties, human rights and 
        democratic norms.

                AUTHORITY TO SUSPEND CERTAIN PROVISIONS

    Sec. 604. (a) In General.--Subject to subsection (b), 
beginning on the date of enactment of this Act and for eighteen 
months thereafter, the President may suspend for a period of 
not more than 6 months at a time any provision of law specified 
in subsection (d). Any such suspension shall cease to be 
effective after 6 months, or at such earlier date as the 
President may specify.
    (b) Conditions.--
          (1)\1\ Consultations.--Prior to each exercise of the 
        authority provided in subsection (a) or certification 
        pursuant to subsection (c), the President shall consult 
        with the relevant congressional committees. The 
        President may not exercise that authority or make such 
        certification until 30 days after a written policy 
        justification is submitted to the relevant 
        congressional committees.
---------------------------------------------------------------------------
    \1\Responsibilities delegated to the President in para. (1) and (5) 
of subsec. (b) were redelegated by the President to the Secretary of 
State in a Presidential memorandum of February 29, 1996 (61 F.R. 9889).
---------------------------------------------------------------------------
          (2) Presidential Certification.--The President may 
        exercise the authority provided in subsection (a) only 
        if the President certifies to the relevant 
        congressional committees each time he exercises such 
        authority that--
                  (A) it is in the national interest of the 
                United States to exercise such authority;
                  (B) the P.L.O., the Palestinian Authority, 
                and successor entities are complying with all 
                the commitments described in paragraph (4); and
                  (C) funds provided pursuant to the exercise 
                of this authority and the authorities under 
                section 583(a) of Public Law 103-236 and 
                section 3(a) of Public Law 103-125 have been 
                used for the purposes for which they were 
                intended.
          (3) Requirement for continuing p.l.o. compliance.--
        (A) The President shall ensure that P.L.O. performance 
        is continuously monitored and if the President at any 
        time determines that the P.L.O. has not continued to 
        comply with all the commitments described in paragraph 
        (4), he shall so notify the relevant congressional 
        committees and any suspension under subsection (a) of a 
        provision of law specified in subsection (d) shall 
        cease to be effective.
          (B) Beginning six months after the date of enactment 
        of this Act, if the President on the basis of the 
        continuous monitoring of the P.L.O.'s performance 
        determines that the P.L.O. is not complying with the 
        requirements described in subsection (c), he shall so 
        notify the relevant congressional committees and no 
        assistance shall be provided pursuant to the exercise 
        by the President of the authority provided by 
        subsection (a) until such time as the President makes 
        the certification provided for in subsection (c).
          (4) P.L.O. commitments described.--The commitments 
        referred to in paragraphs (2)(B) and (3)(A) are the 
        commitments made by the P.L.O--
                  (A) in its letter of September 9, 1993, to 
                the Prime Minister of Israel; in its letter of 
                September 9, 1993, to the Foreign Minister of 
                Norway to--
                          (i) recognize the right of the State 
                        of Israel to exist in peace and 
                        security;
                          (ii) accept United Nations Security 
                        Council Resolutions 242 and 338;
                          (iii) renounce the use of terrorism 
                        and other acts of violence;
                          (iv) assume responsibility over all 
                        P.L.O. elements and personnel in order 
                        to assure their compliance, prevent 
                        violations and discipline violators;
                          (v) call upon the Palestinian people 
                        in the West Bank and Gaza Strip to take 
                        part in the steps leading to the 
                        normalization of life, rejecting 
                        violence and terrorism, and 
                        contributing to peace and stability; 
                        and
                          (vi) submit to the Palestine National 
                        Council for formal approval the 
                        necessary changes to the Palestinian 
                        National Covenant eliminating calls for 
                        Israel's destruction, and
                  (B) in, and resulting from, the good faith 
                implementation of the Declaration of 
                Principles, including good faith implementation 
                of subsequent agreements with Israel, with 
                particular attention to the objective of 
                preventing terrorism, as reflected in the 
                provisions of the Interim Agreement 
                concerning--
                          (i) prevention of acts of terrorism 
                        and legal measures against terrorists, 
                        including the arrest and prosecution of 
                        individuals suspected of perpetrating 
                        acts of violence and terror;
                          (ii) abstention from and prevention 
                        of incitement, including hostile 
                        propaganda;
                          (iii) operation of armed forces other 
                        than the Palestinian Police;
                          (iv) possession, manufacture, sale, 
                        acquisition or importation of weapons;
                          (v) employment of police who have 
                        been convicted of serious crimes or 
                        have been found to be actively involved 
                        in terrorist activities subsequent to 
                        their employment;
                          (vi) transfers to Israel of 
                        individuals suspected of, charged with, 
                        or convicted of an offense that falls 
                        within Israeli criminal jurisdiction;
                          (vii) cooperation with the government 
                        of Israel in criminal matters, 
                        including cooperation in the conduct of 
                        investigations; and
                          (viii) exercise of powers and 
                        responsibilities under the agreement 
                        with due regard to internationally 
                        accepted norms and principles of human 
                        rights and the rule of law.
          (5)\1\ Policy justification.--As part of the 
        President's written policy justification to be 
        submitted to the relevant Congressional Committees 
        pursuant to paragraph (1), the President will report 
        on--
                  (A) the manner in which the P.L.O. has 
                complied with the commitments specified in 
                paragraph (4), including responses to 
                individual acts of terrorism and violence, 
                actions to discipline perpetrators of terror 
                and violence, and actions to preempt acts of 
                terror and violence;
                  (B) the extent to which the P.L.O. has 
                fulfilled the requirements specified in 
                subsection (c);
                  (C) actions that the P.L.O. has taken with 
                regard to the Arab League boycott of Israel;
                  (D) the status and activities of the P.L.O. 
                office in the United States;
                  (E) all United States assistance which 
                benefits, directly or indirectly, the projects, 
                programs, or activities of the Palestinian 
                Authority in Gaza, Jericho, or any other area 
                it may control, since September 13, 1993, 
                including--
                          (i) the obligation and disbursal of 
                        such assistance, by project, activity, 
                        and date, as well as by prime 
                        contractor and all subcontractors;
                          (ii) the organizations or individuals 
                        responsible for the receipt and 
                        obligation of such assistance;
                          (iii) the intended beneficiaries of 
                        such assistance; and
                          (iv) the amount of international 
                        donor funds that benefit the P.L.O. or 
                        the Palestinian Authority in Gaza, 
                        Jericho, or any other area the P.L.O. 
                        or the Palestinian Authority may 
                        control, and to which the United States 
                        is a contributor; and
                  (F) statements by senior officials of the 
                P.L.O., the Palestinian Authority, and 
                successor entities that question the right of 
                Israel to exist or urge armed conflict with or 
                terrorism against Israel or its citizens, 
                including an assessment of the degree to which 
                such statements reflect official policy of the 
                P.L.O., the Palestinian Authority, or successor 
                entities.
    (c) Requirement for Continued Provision of Assistance.--Six 
months after the enactment of this Act, United States 
assistance shall not be provided pursuant to the exercise by 
the President of the authority provided by subsection (a), 
unless and until the President determines and so certifies to 
the Congress that--
          (1) if the Palestinian Council has been elected and 
        assumed its responsibilities, it has, within 2 months, 
        effectively disavowed and thereby nullified the 
        articles of the Palestine National Covenant which call 
        for Israel's destruction, unless the necessary changes 
        to the Covenant have already been approved by the 
        Palestine National Council;
          (2) the P.L.O., the Palestinian Authority, and 
        successor entities have exercised their authority 
        resolutely to establish the necessary enforcement 
        institutions; including laws, police, and a judicial 
        system, for apprehending, transferring, prosecuting, 
        convicting, and imprisoning terrorists;
          (3) the P.L.O., has limited participation in the 
        Palestinian Authority and its successors to individuals 
        and groups that neither engage in nor practice 
        terrorism or violence in the implementation of their 
        political goals;
          (4) the P.L.O., the Palestinian Authority, and 
        successor entities have not provided any financial or 
        material assistance or training to any group, whether 
        or not affiliated with the P.L.O., to carry out actions 
        inconsistent with the Declaration of Principles, 
        particularly acts of terrorism against Israel;
          (5) the P.L.O., the Palestinian Authority, or 
        successor entities have cooperated in good faith with 
        Israeli authorities in--
                  (A) the preemption of acts of terrorism;
                  (B) the apprehension, trial, and punishment 
                of individuals who have planned or committed 
                terrorist acts subject to the jurisdiction of 
                the Palestinian Authority or any successor 
                entity; and
                  (C) the apprehension of and transfer to 
                Israeli authorities of individuals suspected 
                of, charged with, or convicted of, planning or 
                committing terrorist acts subject to Israeli 
                jurisdiction in accordance with the specific 
                provisions of the Interim Agreement;
          (6) the P.L.O., the Palestinian Authority, and 
        successor entities have exercised their authority 
        resolutely to enact and implement laws requiring the 
        disarming of civilians not specifically licensed to 
        possess or carry weapons;
          (7) the P.L.O., the Palestinian Authority, and 
        successor entities have not funded, either partially or 
        wholly, or have ceased funding, either partially or 
        wholly, any office, or other presence of the 
        Palestinian Authority in Jerusalem unless established 
        by specific agreement between Israel and the P.L.O., 
        the Palestinian Authority, or successor entities;
          (8) the P.L.O., the Palestinian Authority, and 
        successor entities are cooperating fully with the 
        Government of the United States on the provision of 
        information on United States nationals known to have 
        been held at any time by the P.L.O. or factions 
        thereof; and
          (9) the P.L.O., the Palestinian Authority, and 
        successor entities have not, without the agreement of 
        the Government of Israel, taken any steps that will 
        change the status of Jerusalem or the West Bank and 
        Gaza Strip, pending the outcome of the permanent status 
        negotiations.
    (d)\2\ Provisions That May Be Suspended.--The provisions 
that may be suspended under the authority of subsection (a) are 
the following:
---------------------------------------------------------------------------
    \2\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 in this 
Act.
    The President issued certifications, as provided for in the 1993 
and 1995 Acts, 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, in Legislation on Foreign 
Relations Through 1997, vol. I-A.
    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, pursuant to sec. 539(d) of Public Law 105-118 
(Presidential Determination No. 98-8; 62 F.R. 66255).
---------------------------------------------------------------------------
          (1) Section 307 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2227)\3\ as it applies with respect to the 
        P.L.O. or entities associated with it.
---------------------------------------------------------------------------
    \3\For text, see Legislation on Foreign Relations Through 1997, 
vol. I-A.
---------------------------------------------------------------------------
          (2) Section 114 of the Department of State 
        Authorization Act, fiscal years 1984 and 1985 (22 
        U.S.C. 287e note)\4\ as it applies with respect to the 
        P.L.O. or entities associated with it.
---------------------------------------------------------------------------
    \4\For text, see Legislation on Foreign Relations Through 1997, 
vol. II.
---------------------------------------------------------------------------
          (3) Section 1003 of the Foreign Relations 
        Authorization Act, fiscal years 1988 and 1989 (22 
        U.S.C. 5202).\5\
---------------------------------------------------------------------------
    \5\For text, see Legislation on Foreign Relations Through 1997, 
vol. II.
---------------------------------------------------------------------------
          (4) Section 37 of the Bretton Woods Agreement Act (22 
        U.S.C. 286W)\6\ as it applies on the granting to the 
        P.L.O. of observer status or other official status at 
        any meeting sponsored by or associated with the 
        International Monetary Fund. As used in this paragraph, 
        the term ``other official status'' does not include 
        membership in the International Monetary Fund.
---------------------------------------------------------------------------
    \6\For text, see Legislation on Foreign Relations Through 1997, 
vol. III.
---------------------------------------------------------------------------
    (e) Definitions.--As used in this title:
          (1) Relevant Congressional Committees.--The term 
        ``relevant congressional committees'' mean--
                  (A) the Committee on International Relations, 
                the Committee on Banking and Financial 
                Services, and the Committee on Appropriations 
                of the House of Representatives; and
                  (B) the Committee on Foreign Relations and 
                the Committee on Appropriations of the Senate.
          (2) United States Assistance.--The term ``United 
        States assistance'' means any form of grant, loan, loan 
        guarantee, credit, insurance, in kind assistance, or 
        any other form of assistance.

                          TRANSITION PROVISION

    Sec. 605. (a) In General.--Section 583(a) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236) is amended by striking ``November 1, 1995'' and 
insert ``January 1, 1996''.\7\
---------------------------------------------------------------------------
    \7\For amended text, see page 245.
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    (b) Consultation.--For purposes of any exercise of the 
authority provided in section 583(a) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
236) prior to November 15, 1995, the written policy 
justification dated June 1, 1995, and submitted to the Congress 
in accordance with section 583(b)(1) of such Act, and the 
consultations associated with such policy justification, shall 
be deemed to satisfy the requirements of section 583(b)(1) of 
such Act.

                         REPORTING REQUIREMENT

    Sec. 606. Section 804(b) of the P.L.O. Commitments 
Compliance Act of 1989 (title VIII of Public Law 101-246) is 
amended--\8\
---------------------------------------------------------------------------
    \8\For text, see Legislation on Foreign Relations Through 1997, 
vol. II.
---------------------------------------------------------------------------
          (1) in the matter preceding paragraph (1), by 
        striking ``section (3)(b)(1) of the Middle East Peace 
        Facilitation Act of 1994'' and inserting ``section 
        604(b)(1) of the Middle East Peace Facilitation Act of 
        1995''; and
          (2) in paragraph (1), by striking ``section (4)(a) of 
        the Middle East Peace Facilitation Act of 1994 (Oslo 
        commitments)'' and inserting ``section 604(b)(4) of the 
        Middle East Peace Facilitation Act of 1995''.
             (2) Middle East Peace Facilitation Act of 1994

Title V, Part E of Public Law 103-236 [Foreign Relations Authorization 
 Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 488, approved 
  April 23, 1994; amended by 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 104-17 (109 
 Stat. 191), approved July 2, 1995; Public Law 104-22 (109 Stat. 260), 
 approved August 14, 1995; Public Law 104-30 (109 Stat. 277), approved 
    September 30, 1995; Public Law 104-47 (109 Stat. 423), approved 
November 13, 1995; Public Law 104-89 (109 Stat. 960), approved January 
     4, 1996; and by Public Law 104-99 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 1996, H.R. 1868, 
enacted by reference in sec. 301 of Public Law 104-99; 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

                 PART E--MIDDLE EAST PEACE FACILITATION

SEC. 581. SHORT TITLE.

    This part may be cited as the ``Middle East Peace 
Facilitation Act of 1994''.

SEC. 582. FINDINGS.

    The Congress finds that--
          (1) the Palestine Liberation Organization has 
        recognized the State of Israel's right to exist in 
        peace and security; accepted United Nations Security 
        Council Resolutions 242 and 338; committed itself to 
        the peace process and peaceful coexistence with Israel, 
        free from violence and all other acts which endanger 
        peace and stability; and assumed responsibility over 
        all Palestine Liberation Organization elements and 
        personnel in order to assure their compliance, prevent 
        violations, and discipline violators;
          (2) Israel has recognized the Palestine Liberation 
        Organization as the representative of the Palestinian 
        people;
          (3) Israel and the Palestine Liberation Organization 
        signed a Declaration of Principles on Interim Self-
        Government Arrangements on September 13, 1993, at the 
        White House;
          (4) the United States has resumed a bilateral 
        dialogue with the Palestine Liberation Organization; 
        and
          (5) in order to implement the Declaration of 
        Principles on Interim Self-Government Arrangements and 
        facilitate the Middle East peace process, the President 
        has requested flexibility to suspend certain provisions 
        of law pertaining to the Palestine Liberation 
        Organization.

SEC. 583. AUTHORITY TO SUSPEND CERTAIN PROVISIONS.
    (a) In General.--Subject to subsection (b), beginning July 
1, 1994, the President may suspend for a period of not more 
than 6 months any provision of law specified in subsection (c). 
The President may continue the suspension for a period or 
periods of not more than 6 months until March 31, 1996,\1\ if, 
before each such period, the President satisfies the 
requirements of subsection (b). Any suspension shall cease to 
be effective after 6 months, or at such earlier date as the 
President may specify.
---------------------------------------------------------------------------
    \1\Sec. 1 of Public Law 104-17 (109 Stat. 191) extended this 
authority from July 1, 1995 to August 15, 1995. Further extensions were 
provided in Public Law 104-22 (109 Stat. 260)--extending to October 1, 
1995; Public Law 104-30 (109 Stat. 277)--extending to November 1, 1995; 
Public Law 104-47 (109 Stat. 423)--extending to December 31, 1995; and 
Public Law 104-89 (109 Stat. 960)--extending to March 31, 1996. The 
latter extensions further provided the following, with appropriate 
dates adjusted:
    ``(b) Consultation.--For purposes of any exercise of the authority 
provided in section 583(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236) prior to January 10, 
1996, the written policy justification dated December 1, 1995, and 
submitted to the Congress in accordance with section 583(b)(1) of such 
Act, shall be deemed to satisfy the requirements of section 583(b)(1) 
of such Act.''.
    Sec. 605(a) Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 760), 
struck out ``November 1, 1995'' and inserted in lieu thereof ``January 
1, 1996'', an amendment already similarly provided in Public Law 104-47 
and further amended by Public Law 104-89.
---------------------------------------------------------------------------
    (b) Conditions.--
          (1)\2\ Consultation.--Prior to each exercise of the 
        authority provided in subsection (a), the President 
        shall consult with the relevant congressional 
        committees. The President may not exercise that 
        authority until 30 days after a written policy 
        justification is submitted to the relevant 
        congressional committees.
---------------------------------------------------------------------------
    \2\In a July 26, 1994, memorandum the President delegated 
responsibility of fulfilling functions in subsec. (b)(1) and (b)(6) to 
the Secretary of State.
---------------------------------------------------------------------------
          (2) Presidential certification.--The President may 
        exercise the authority provided in subsection (a) only 
        if the President certifies to the relevant 
        congressional committees each time he exercises such 
        authority that--
                  (A) it is in the national interest of the 
                United States to exercise such authority; and
                  (B) the Palestine Liberation Organization 
                continues to abide by all the commitments 
                described in paragraph (4).
          (3) Requirement for continuing plo compliance.--Any 
        suspension under subsection (a) of a provision of law 
        specified in subsection (c) shall cease to be effective 
        if the President certifies to the relevant 
        congressional committees that the Palestine Liberation 
        Organization has not continued to abide by all the 
        commitments described in paragraph (4).
          (4) PLO commitments described.--The commitments 
        referred to in paragraphs (2) and (3) are the 
        commitments made by the Palestine Liberation 
        Organization--
                  (A) in its letter of September 9, 1993, to 
                the Prime Minister of Israel; in its letter of 
                September 9, 1993, to the Foreign Minister of 
                Norway to--
                          (i) recognize the right of the State 
                        of Israel to exist in peace and 
                        security;
                          (ii) accept United Nations Security 
                        Council Resolutions 242 and 338;
                          (iii) renounce the use of terrorism 
                        and other acts of violence;
                          (iv) assume responsibility over all 
                        PLO elements and personnel in order to 
                        assure their compliance, prevent 
                        violations and discipline violators;
                          (v) call upon the Palestinian people 
                        in the West Bank and Gaza Strip to take 
                        part in the steps leading to the 
                        normalization of life, rejecting 
                        violence and terrorism, and 
                        contributing to peace and stability; 
                        and
                          (vi) submit to the Palestine National 
                        Council for formal approval the 
                        necessary changes to the Palestinian 
                        National Covenant eliminating calls for 
                        Israel's destruction, and
                  (B) in, and resulting from, the good faith 
                implementation of, the Declaration of 
                Principles on Interim Self-Government 
                Arrangements signed on September 13, 1993.
          (5) Expectation of congress regarding any extension 
        of presidential authority.--The Congress expects that 
        any extension of the authority provided to the 
        President in subsection (a) will be conditional on the 
        Palestine Liberation Organization--
                  (A) renouncing the Arab League boycott of 
                Israel;
                  (B) urging the nations of the Arab League to 
                end the Arab League boycott of Israel;
                  (C) cooperating with efforts undertaken by 
                the President of the United States to end the 
                Arab League boycott of Israel;\3\
---------------------------------------------------------------------------
    \3\Sec. 565A of Public Law 103-306 (108 Stat. 1650) struck out 
``and'' at the end of subpar. (C); struck out the period at the end of 
subpar. (D) and inserted in lieu thereof ``; and''; and added subpar. 
(E).
---------------------------------------------------------------------------
                  (D) condemning individual acts of terrorism 
                and violence; and\3\
                  (E)\3\ amending its National Covenant to 
                eliminate all references calling for the 
                destruction of Israel.
          (6) Reporting requirement.--As part of the 
        President's written policy justification referred to in 
        paragraph (1), the President will report on the PLO's 
        response to individual acts of terrorism and violence, 
        as well as its actions concerning the Arab League 
        boycott of Israel as enumerated in paragraph (5) and on 
        the status of the PLO office in the United States as 
        enumerated in subsection (c)(3).
    (c)\4\ Provisions That May Be Suspended.--The provisions 
that may be suspended under the authority of subsection (a) are 
the following:
---------------------------------------------------------------------------
    \4\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 this Act 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, pursuant to sec. 539(d) of Public Law 105-118 
(Presidential Determination No. 98-8; 62 F.R. 66255).
---------------------------------------------------------------------------
          (1) Section 307 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2227)\5\ as it applies with respect to the 
        Palestine Liberation Organization or entities 
        associated with it.
---------------------------------------------------------------------------
    \5\For text, see Legislation on Foreign Relations Through 1997, 
vol. I-A.
---------------------------------------------------------------------------
          (2) Section 114 of the Department of State 
        Authorization Act, Fiscal years 1984 and 1985 (22 
        U.S.C. 287e note)\6\ as it applies with respect to the 
        Palestine Liberation Organization or entities 
        associated with it.
---------------------------------------------------------------------------
    \6\For text, see Legislation on Foreign Relations Through 1997, 
vol. II.
---------------------------------------------------------------------------
          (3) Section 1003 of the Foreign Relations 
        Authorization Act, Fiscal years 1988 and 1989 (22 
        U.S.C. 5202).\7\
---------------------------------------------------------------------------
    \7\For text, see Legislation on Foreign Relations Through 1997, 
vol. II.
---------------------------------------------------------------------------
          (4) Section 37 of the Bretton Woods Agreement Act (22 
        U.S.C. 286w)\8\ as it applies to the granting to the 
        Palestine Liberation Organization of observer status or 
        other official status at any meeting sponsored by or 
        associated with the International Monetary Fund. As 
        used in this paragraph, the term ``other official 
        status'' does not include membership in the 
        International Monetary Fund.
---------------------------------------------------------------------------
    \8\For text, see Legislation on Foreign Relations Through 1997, 
vol. III.
---------------------------------------------------------------------------
    (d) Relevant Congressional Committees Defined.--As used in 
this section, the term ``relevant congressional committees'' 
means--
          (1) the Committee on Foreign Affairs, the Committee 
        on Banking, Finance and Urban Affairs, and the 
        Committee on Appropriations of the House of 
        Representatives;\9\ and
---------------------------------------------------------------------------
    \9\Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Banking, Finance and Urban Affairs of 
the House of Representatives shall be treated as referring to the 
Committee on Banking and Financial Services of the House of 
Representatives. Sec. 1(a)(5) of that Act 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 Committee on Foreign Relations and the 
        Committee on Appropriations of the Senate.
             (3) Middle East Peace Facilitation Act of 1993

  Public Law 103-125 [S. 1487], 107 Stat. 1309, approved October 28, 
1993; amended by Public Law 103-166 [S. 1667], 107 Stat. 1978, approved 
                            December 2, 1993

  AN ACT Entitled the ``Middle East Peace Facilitation Act of 1993''.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Middle East Peace 
Facilitation Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
          (1) the Palestine Liberation Organization has 
        recognized the State of Israel's right to exist in 
        peace and security; accepted United Nations Security 
        Council resolutions 242 and 338; committed itself to 
        the peace process and peaceful coexistence with Israel, 
        free from violence and all other acts which endanger 
        peace and stability; and assumed responsibility over 
        all Palestine Liberation Organization elements and 
        personnel in order to assure their compliance, prevent 
        violations, and discipline violators;
          (2) Israel has recognized the Palestine Liberation 
        Organization as the representative of the Palestinian 
        people;
          (3) Israel and the Palestine Liberation Organization 
        signed a Declaration of Principles on Interim Self-
        Government Arrangements on September 13, 1993, at the 
        White House;
          (4) the United States has resumed a bilateral 
        dialogue with the Palestine Liberation Organization; 
        and
          (5) in order to implement the Declaration of 
        Principles on Interim Self-Government Arrangements and 
        facilitate the Middle East peace process, the President 
        has requested flexibility to suspend certain provisions 
        of law pertaining to the Palestine Liberation 
        Organization.

SEC. 3. AUTHORITY TO SUSPEND CERTAIN PROVISIONS.

    (a) In General.--Subject to subsection (b), the President 
may suspend any provision of law specified in subsection (d). 
Any such suspension shall cease to be effective on July 1, 
1994,\1\ or such earlier date as the President may specify.
---------------------------------------------------------------------------
    \1\Sec. 1 of Public Law 103-166 (107 Stat. 1978) struck out 
``January 1'' and inserted in lieu thereof ``July 1''.
---------------------------------------------------------------------------
    (b) Conditions.--
          (1) Consultation.--Before exercising the authority 
        provided in subsection (a), the President shall consult 
        with the relevant congressional committees.
          (2) Presidential certification.--The President may 
        exercise the authority provided in subsection (a) only 
        if the President certifies to the relevant 
        congressional committees that--
                  (A) it is in the national interest of the 
                United States to exercise such authority; and
                  (B) the Palestine Liberation Organization 
                continues to abide by all the commitments 
                described in paragraph (4).
          (3) Requirement for continuing plo compliance.--Any 
        suspension under subsection (a) of a provision of law 
        specified in subsection (d) shall cease to be effective 
        if the President certifies to the relevant 
        congressional committees that the Palestine Liberation 
        Organization has not continued to abide by all the 
        commitments described in paragraph (4).
          (4) PLO commitments described.--The commitments 
        referred to in paragraphs (2) and (3) are the 
        commitments made by the Palestine Liberation 
        Organization--
                  (A) in its letter of September 9, 1993, to 
                the Prime Minister of Israel;
                  (B) in its letter of September 9, 1993, to 
                the Foreign Minister of Norway; and
                  (C) in, and resulting from the implementation 
                of, the Declaration of Principles on Interim 
                Self-Government Arrangements signed on 
                September 13, 1993.
    (c) Expectation of Congress Regarding Any Extension of 
Presidential Authority.--The Congress expects that any 
extension of the authority provided to the President in 
subsection (a) will be conditional on the Palestine Liberation 
Organization--
          (1) renouncing the Arab League boycott of Israel;
          (2) urging the nations of the Arab League to end the 
        Arab League boycott of Israel; and
          (3) cooperating with efforts undertaken by the 
        President of the United States to end the Arab League 
        boycott of Israel.
    (d)\2\ Provisions That May Be Suspended.--The provisions 
that may be suspended under the authority of subsection (a) are 
the following:
---------------------------------------------------------------------------
    \2\In memoranda for the Secretary of State, the President has 
certified that it is in the national interests to suspend the 
application of these provisions of law. Presidential Determination No. 
94-13 of January 14, 1994 (59 F.R. 4777) suspended the application 
until July 1, 1994; Presidential Determination No. 94-30 of June 30, 
1994 (59 F.R. 35607) suspended the application until January 1, 1995 
(pursuant to Public Law 103-236). Presidential Determination No. 95-12 
of December 31, 1994 (60 F.R. 2673) suspended the application until 
July 1, 1995 (pursuant to Public Law 103-236).
---------------------------------------------------------------------------
          (1) Section 307 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2227)\3\ as it applies with respect to the 
        Palestine Liberation Organization or entities 
        associated with it.
---------------------------------------------------------------------------
    \3\For text, see Legislation on Foreign Relations Through 1997, 
vol. I-A.
---------------------------------------------------------------------------
          (2) Section 114 of the Department of State 
        Authorization Act, Fiscal Years 1984 and 1985 (22 
        U.S.C. 287e note)\4\ as it applies with respect to the 
        Palestine Liberation Organization or entities 
        associated with it.
---------------------------------------------------------------------------
    \4\For text, see Legislation on Foreign Relations Through 1997, 
vol. II.
---------------------------------------------------------------------------
          (3) Section 1003 of the Foreign Relations 
        Authorization Act, Fiscal Years 1988 and 1989 (22 
        U.S.C. 5202).\5\
---------------------------------------------------------------------------
    \5\For text, see Legislation on Foreign Relations Through 1997, 
vol. II.
---------------------------------------------------------------------------
          (4) Section 37 of the Bretton Woods Agreement Act (22 
        U.S.C. 286w)\6\ as it applies to the granting to the 
        Palestine Liberation Organization of observer status or 
        other official status at any meeting sponsored by or 
        associated with the International Monetary Fund. As 
        used in this paragraph, the term ``other official 
        status'' does not include membership in the 
        International Monetary Fund.
---------------------------------------------------------------------------
    \6\For text, see Legislation on Foreign Relations Through 1997, 
vol. III.
---------------------------------------------------------------------------
    (e) Relation to Other Authorities.--This section supersedes 
section 578 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1994 (Public Law 103-87).
    (f) Relevant Congressional Committees Defined.--As used in 
this section, the term ``relevant congressional committees'' 
means--
          (1) the Committee on Foreign Affairs, the Committee 
        on Banking, Finance and Urban Affairs, and the 
        Committee on Appropriations of the House of 
        Representatives;\7\ and
---------------------------------------------------------------------------
    \7\Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Banking, Finance and Urban Affairs of 
the House of Representatives shall be treated as referring to the 
Committee on Banking and Financial Services of the House of 
Representatives. Sec. 1(a)(5) of that Act 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 Committee on Foreign Relations and the 
        Committee on Appropriations of the Senate.
 (4) Emergency Supplemental Persian Gulf Refugee Assistance Act of 1991

  Public Law 102-45 [H.R. 2122], 105 Stat. 247, approved May 17, 1991

 AN ACT To authorize emergency humanitarian assistance for fiscal year 
 1991 for Iraqi refugees and other persons in and around Iraq who are 
          displaced as a result of the Persian Gulf conflict.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Supplemental 
Persian Gulf Refugee Assistance Act of 1991''.

SEC. 2. EMERGENCY ASSISTANCE FOR REFUGEES.

    (a) Authorization of Appropriations.--There are authorized 
to be appropriated as supplemental appropriations for fiscal 
year 1991 for emergency humanitarian assistance for Iraqi 
refugees and other persons in and around Iraq who are displaced 
as a result of the Persian Gulf conflict, and to reimburse 
appropriations accounts from which such assistance was provided 
before the date of the enactment of this Act--
          (1) up to $150,000,000 for ``International Disaster 
        Assistance'' under chapter 9 of part I of the Foreign 
        Assistance Act of 1961; and
          (2) up to $200,000,000 for ``Migration and Refugee 
        Assistance'' for the Department of State.
    (b) Emergency Migration and Refugee Assistance.--For 
purposes of section 2(c)(2) of the Migration and Refugee 
Assistance Act of 1962, the limitation on appropriations for 
the ``United States Emergency Refugee and Migration Assistance 
Fund'' for fiscal year 1991 shall be deemed to be $75,000,000.
    (c) Contributions to International Peacekeeping 
Activities.--There are authorized to be appropriated as 
supplemental appropriations for fiscal year 1991 for 
peacekeeping activities in the Persian Gulf region and to 
reimburse accounts for which such activities have been funded 
before the date of enactment of this Act up to $50,000,000 for 
``Contributions to International Peacekeeping Activities'' for 
the Department of State.
    (d) Other Authorities.--
          (1) International disaster assistance.--Amounts 
        obligated for fiscal year 1991 under the authority of 
        section 492(b) of the Foreign Assistance Act of 1961 to 
        provide international disaster assistance in connection 
        with the Persian Gulf crisis shall not be counted 
        against the ceiling limitation of such section.
          (2) Special authority.--The value of any defense 
        articles, defense services, and military education and 
        training authorized to be drawndown by the President on 
        April 19, 1991, under the authority of section 
        506(a)(2)(B) of the Foreign Assistance Act of 1961 
        shall not be counted against the ceiling limitation of 
        such section.
          (3) Agricultural trade development and assistance act 
        of 1954 (public law 480).--Notwithstanding subsections 
        (b) and (c) of section 412 of the Agricultural Trade 
        Development and Assistance Act of 1954 or any other 
        provision of law, funds made available for any title of 
        such Act by the Rural Development, Agriculture, and 
        Related Agencies Appropriations Act, 1991, may be used 
        for purposes of title II of the Agricultural Trade 
        Development and Assistance Act of 1954.
    (d) Waiver of Country Specific Restrictions.--Assistance 
may be provided under this section notwithstanding any 
provision of law which restricts assistance to particular 
countries.
    (e) Availability of Funds.--Amounts authorized to be 
appropriated under this section are authorized to remain 
available until expended.
    (f) Sources of Funds.--Notwithstanding any other provision 
of law, amounts authorized to be appropriated under this 
section are authorized to be appropriated from the Defense 
Cooperation Account of the United States Treasury, the Persian 
Gulf Regional Defense Fund of the United States Treasury, or 
the General Fund of the Treasury.
    (g) Designation as Emergency for Budgetary Purposes.--Funds 
authorized to be appropriated under this section may be 
designated emergency requirements pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.
      (5) Emergency Supplemental Assistance for Israel Act of 1991

  Public Law 102-21 [H.R. 1284], 105 Stat. 70, approved March 28, 1991

 AN ACT To authorize emergency supplemental assistance for Israel for 
  additional costs incurred as a result of the Persian Gulf conflict.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Supplemental 
Assistance for Israel Act of 1991''.

SEC. 2. EMERGENCY ASSISTANCE FOR ISRAEL.

    (a) Authorization of Appropriations.--There are authorized 
to be appropriated as emergency supplemental appropriations for 
fiscal year 1991 for assistance under chapter 4 of part II of 
the Foreign Assistance Act of 1961 (relating to the economic 
support fund) $650,000,000 for additional costs resulting from 
the conflict in the Persian Gulf region.
    (b) Cash Grant for Israel.--Funds appropriated pursuant to 
the authorization contained in subsection (a) shall be 
available only for assistance for Israel. Such assistance shall 
be provided on a grant basis as a cash transfer. Funds provided 
to Israel under this section may be used by Israel for 
incremental costs associated with the conflict in the Persian 
Gulf region without regard to section 531(e) of the Foreign 
Assistance Act of 1961.
    (c) Designation as Emergency for Budgetary Purposes.--Funds 
authorized to be appropriated under this section are designated 
emergency requirements pursuant to section 251(b)(2)(D)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 1985.
 (6) Jordan Supplemental Economic Assistance Authorization Act of 1985

  Partial text of Public Law 99-88 [Supplemental Appropriations Act, 
        1985; H.R. 2577], 99 Stat. 376, approved August 15, 1985

 AN ACT Making supplemental appropriations for the fiscal year ending 
              September 30, 1985, 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 supplemental 
appropriations for the fiscal year ending September 30, 1985, 
and for other purposes.
          * * * * * * *

 TITLE IV--AUTHORIZATION OF ECONOMIC SUPPORT FUND ASSISTANCE FOR JORDAN

                              SHORT TITLE

    Sec. 401. This title may be cited as the ``Jordan 
Supplemental Economic Assistance Authorization Act of 1985''.

                         ECONOMIC SUPPORT FUND

    Sec. 402. (a)(1) In addition to funds otherwise available 
for such purposes for such fiscal year, there are authorized to 
be appropriated to the President to carry out chapter 4 of part 
II of the Foreign Assistance Act of 1961, $250,000,000 for the 
fiscal year 1985, which amount shall be available only for 
Jordan.
    (2) Of the funds authorized to be appropriated by paragraph 
(1)--
          (A) for the fiscal year 1985, $50,000,000 shall be 
        available only for commodity import programs and 
        $30,000,000 shall be available only for project 
        assistance;
          (B) for the fiscal year 1986, $50,000,000 shall be 
        available only for commodity import programs and 
        $30,000,000 shall be available only for project 
        assistance; and
          (C) for the fiscal year 1987, $60,000,000 shall be 
        available only for commodity import programs and 
        $30,000,000 shall be available only for project 
        assistance.
    (b) Amounts appropriated to carry out this section are 
authorized to remain available until September 30, 1987.\1\
---------------------------------------------------------------------------
    \1\Title II of 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), provided:
    ``Economic support fund: * * * Provided further, That up to 
$15,000,000 shall be made available for Jordan in addition to funds 
otherwise made available by this paragraph and allocated to Jordan: * * 
*''.
---------------------------------------------------------------------------

                                 POLICY

    Sec. 403. (a) Sense of Congress.--It is the sense of 
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.
    (b) 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, 
must 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.
            (7) Lebanon Emergency Assistance Act of 1983\1\

    Public Law 98-43 [S. 639], 97 Stat. 214, approved June 27, 1983

     AN ACT To authorize supplemental assistance to aid Lebanon in 
    rebuilding its economy and armed forces, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
---------------------------------------------------------------------------
    \1\See also the Multinational Force in Lebanon Resolution, 
Legislation on Foreign Relations Through 1997, vol. II.
---------------------------------------------------------------------------

                              SHORT TITLE

    Section 1. This Act may be cited as the ``Lebanon Emergency 
Assistance Act of 1983''.

                         ECONOMIC SUPPORT FUND

    Sec. 2. (a) It is hereby determined that the national 
interests of the United States would be served by the 
authorization and appropriation of additional funds for 
economic assistance for Lebanon in order to promote the 
economic and political stability of that country and to support 
the international effort to strengthen a sovereign and 
independent Lebanon.
    (b) Accordingly, in addition to amounts otherwise 
authorized to be appropriated for the fiscal year 1983 to carry 
out the provisions of chapter 4 of part II of the Foreign 
Assistance Act of 1961, there are authorized to be appropriated 
$150,000,000 to carry out such provisions with respect to 
Lebanon.\2\
---------------------------------------------------------------------------
    \2\The Supplemental Appropriations Act, 1983 (Public Law 98-63; 97 
Stat. 317), provided the following:
---------------------------------------------------------------------------

                        ``ECONOMIC SUPPORT FUND
---------------------------------------------------------------------------
    ``For an additional amount for the `Economic Support Fund', 
$301,250,000: Provided, That $150,000,000 of this amount shall be 
available only for Lebanon, to remain available until expended.''.
    Subsequently, title II of the Foreign Assistance and Related 
Programs Appropriations Act, 1986 (Further Continuing Appropriations 
Act, 1986, Public Law 99-190; 99 Stat. 1299), provided the following 
transfer of funds appropriated in the Supplemental Appropriations Act, 
1983 (Public Law 98-63):
    ``Transfer of funds: Of the unobligated funds remaining from funds 
appropriated for the `Economic support fund' for Lebanon in Public Law 
98-63, $22,850,000, shall be transferred as follows: (1) $12,500,000 to 
the `Child Survival Funds,' (2) $5,350,000 to Internal Organizations 
and Programs for the United Nations Children's Fund, and (3) to 
`International Narcotics Control: Provided, That except for such 
transfers,' amounts remaining unobligated as of September 30, 1985, 
from funds appropriated for the `Economic Support Fund' for Lebanon in 
Public Law 98-63 shall, notwithstanding sections 451, 492(b), and 614 
of the Foreign Assistance Act of 1961, or any other provision of law, 
be made available only for Lebanon: Provided further, That, to the 
extent that these funds cannot be used to provide assistance for 
Lebanon, they shall revert to the Treasury as miscellaneous 
receipts.''.
---------------------------------------------------------------------------
    (c) Amounts authorized by this section may be appropriated 
in an appropriation Act for any fiscal year (including a 
continuing resolution) and shall continue to be available 
beyond the fiscal year notwithstanding any provision of that 
appropriation Act to the contrary.

                  MILITARY SALES AND RELATED PROGRAMS

    Sec. 3. (a) In order to support the rebuilding of the armed 
forces of Lebanon, the Congress finds that the national 
security interests of the United States would be served by the 
authorization and appropriation of additional funds to provide 
training for the Lebanese armed forces and by the authorization 
of additional foreign military sales guaranties to finance 
procurements by Lebanon of defense articles and defense 
services for its security requirements.
    (b) In addition to amounts otherwise made available for the 
fiscal year 1983 to carry out the provisions of chapter 5 of 
part II of the Foreign Assistance Act of 1961, there are 
authorized to be appropriated for the fiscal year 1983 
$1,000,000 to carry out such provisions with respect to 
Lebanon.\3\
---------------------------------------------------------------------------
    \3\Chapter V of the Supplemental Appropriations Act, 1983 (Public 
Law 98-63; 97 Stat. 318) provided the following:
---------------------------------------------------------------------------

                    ``FOREIGN MILITARY SALES CREDIT
---------------------------------------------------------------------------
    ``During fiscal year 1983, for an additional amount for Foreign 
Military Credit Sales, for commitments to guarantee loans, $293,500,000 
of contingent liability for loan principal: Provided, That of this sum 
$100,000,000 shall be available only for assistance to Lebanon.
---------------------------------------------------------------------------

            ``INTERNATIONAL MILITARY EDUCATION AND TRAINING
---------------------------------------------------------------------------
    ``For an additional amount for International military education and 
training, $1,000,000.''.
---------------------------------------------------------------------------
    (c) In addition to amounts otherwise made available for the 
fiscal year 1983 for loan guaranties under section 24(a) of the 
Arms Export Control Act, $100,000,000 of loan principal are 
authorized to be so guaranteed during such fiscal year for 
Lebanon.\3\

                 UNITED STATES ARMED FORCES IN LEBANON

    Sec. 4. (a) The President shall obtain statutory 
authorization from the Congress with respect to any substantial 
expansion in the number or role in Lebanon of United States 
Armed Forces, including any introduction of United States Armed 
Forces into Lebanon in conjunction with agreements providing 
for the withdrawal of all foreign troops from Lebanon and for 
the creation of a new multinational peace-keeping force in 
Lebanon.
    (b) Nothing in this section is intended to modify, limit, 
or suspend any of the standards and procedures prescribed by 
the War Powers Resolution of 1973.
       (8) Special International Security Assistance Act of 1979

Partial text of Public Law 96-35 [S. 1007], 93 Stat. 89, approved July 
 20, 1979, 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

AN ACT To authorize supplemental international security assistance for 
 the fiscal year 1979 in support of the peace treaty between Egypt and 
                    Israel, 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 ``Special 
International Security Assistance Act of 1979''.

                    STATEMENT OF POLICY AND FINDINGS

    Sec. 2.\1\ (a) It is the policy of the United States to 
support the peace treaty concluded between the Government of 
Egypt and the Government of Israel on March 26, 1979. This 
treaty is a significant step toward a full and comprehensive 
peace in the Middle East. The Congress urges the President to 
continue to exert every effort to bring about a comprehensive 
peace and to seek an end by all parties to the violence which 
could jeopardize this peace.
---------------------------------------------------------------------------
    \1\22 U.S.C. 3401.
---------------------------------------------------------------------------
    (b) The peace treaty between Egypt and Israel having been 
ratified, the Congress finds that the national interests of the 
United States are served--
          (1) by authorizing the President to construct air 
        bases in Israel to replace the Israeli air bases on the 
        Sinai peninsula that are to be evacuated;
          (2) by authorizing additional funds to finance 
        procurements by Egypt and Israel through the fiscal 
        year 1982 of defense articles and defense services for 
        their respective security requirements; and
          (3) by authorizing additional funds for economic 
        assistance for Egypt in order to promote the economic 
        stability and development of that country and to 
        support the peace process in the Middle East.
    (c) The authorities contained in this Act to implement 
certain arrangements in support of the peace treaty between 
Egypt and Israel do not signify approval by the Congress of any 
other agreement, understanding, or commitment made by the 
executive branch.

                  CONSTRUCTION OF AIR BASES IN ISRAEL

    Sec. 3.\2\ * * *
---------------------------------------------------------------------------
    \2\Sec. 3 amended the Foreign Assistance Act of 1961 by adding a 
new ch. 7 (``Air Base Construction in Israel'') to part II of that Act.
---------------------------------------------------------------------------

 supplemental authorization of foreign military sales loan guaranties 
                          for egypt and israel

    Sec. 4.\3\ (a) The Congress finds that the legitimate 
defense interests of Israel and Egypt require a one time 
extraordinary assistance package due to Israel's phased 
withdrawal from the Sinai and Egypt's shift from reliance on 
Soviet weaponry. The authorizations contained in this section 
do not, however, constitute Congressional approval of the sale 
of any particular weapons system to either country. These sales 
will be reviewed under the normal procedures set forth in 
section 36(b) of the Arms Export Control Act.
---------------------------------------------------------------------------
    \3\22 U.S.C. 3402.
---------------------------------------------------------------------------
    (b) In addition to amounts authorized to be appropriated 
for the fiscal year 1979 by section 31(a) of the Arms Export 
Control Act, there is authorized to be appropriated to the 
President to carry out that Act $370,000,000 for the fiscal 
year 1979.\4\
---------------------------------------------------------------------------
    \4\Supplemental Appropriations Act, 1979 (Public Law 96-38; 93 
Stat. 103) stated: ``For an additional amount for `Foreign military 
credit sales' for Egypt and Israel, $370,000,000.''.
---------------------------------------------------------------------------
    (c) Funds made available pursuant to subsection (b) of this 
section may be used only for guaranties for Egypt and Israel 
pursuant to section 24(a) of the Arms Export Control Act. The 
principal amount of loans guaranteed with such funds may not 
exceed $3,700,000,000 of which $2,200,000,000 shall be 
available only for Israel and $1,500,000,000 shall be available 
only for Egypt. The principal amount of such guaranteed loans 
shall be in addition to the aggregate ceiling authorized for 
the fiscal year 1979 by section 31(b) of the Arms Export 
Control Act.
    (d) Loans guaranteed with funds made available pursuant to 
subsection (b) of this section shall be on terms calling for 
repayment within a period of not less than thirty years, 
including an initial grace period of ten years on repayment of 
principal.
    (e)(1) The Congress finds that the Governments of Israel 
and Egypt each have an enormous external debt burden which may 
be made more difficult by virtue of the financing authorized by 
this section. The Congress further finds that, as a consequence 
of the impact of the debt burdens incurred by Israel and Egypt 
under such financing, it may become necessary in future years 
to modify the terms of the loans guaranteed with funds made 
available pursuant to this section.
    (2)\5\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \5\Par. (2), which had required an annual report by the President 
concerning the economic conditions prevailing in Israel and Egypt which 
may affect their respective ability to meet their obligations to make 
payments under the financing authorized in this section, was repealed 
by sec. 734(a)(4) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). A similar 
report was required by sec. 723 of Public Law 97-113; see Legislation 
on Foreign Relations Through 1997, vol. I-A).

        SUPPLEMENTAL AUTHORIZATION OF ECONOMIC SUPPORT FOR EGYPT

    Sec. 5.\6\ There is authorized to be appropriated to the 
President to carry out chapter 4 of part II of the Foreign 
Assistance Act of 1961, $300,000,000 for the fiscal year 1979 
for Egypt, in addition to amounts otherwise authorized to be 
appropriated for such chapter for the fiscal year 1979.\7\ The 
amounts appropriated pursuant to this section may be made 
available until expended.
---------------------------------------------------------------------------
    \6\22 U.S.C. 3403.
    \7\Supplemental Appropriations Act, 1979 (Public Law 96-38; 93 
Stat. 102) stated: ``For an additional amount for the `Economic support 
fund' for Egypt, $300,000,000, to remain available until expended.''.
---------------------------------------------------------------------------

       transfer of facilities of the sinai field mission to egypt

    Sec. 6.\8\ The President is authorized to transfer to 
Egypt, on such terms and conditions as he may determine, such 
of the facilities and related property of the United States 
Sinai Field Mission as he may determine, upon the termination 
of the activities of the Sinai Field Mission in accordance with 
the terms of the peace treaty between Egypt and Israel.
---------------------------------------------------------------------------
    \8\22 U.S.C. 3404.
---------------------------------------------------------------------------

  contributions by other countries to support peace in the middle east

    Sec. 7.\9\ (a) It is the sense of the Congress that other 
countries should give favorable consideration to providing 
support for the implementation of the peace treaty between 
Egypt and Israel. Therefore, the Congress requests that the 
President consult with other countries in order to (1) promote 
and develop an agreement for the establishment of a peace 
development fund whose purpose would be to underwrite the costs 
of implementing a Middle East peace, and (2) encourage 
investments in Israel and Egypt and other countries in the 
region should they join in Middle East peace agreements.
---------------------------------------------------------------------------
    \9\22 U.S.C. 3405.
---------------------------------------------------------------------------
    (b)\10\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \10\Subsec. (b), which had required a report from the President on 
U.S. efforts to increase economic aid from other donors to Egypt, 
Israel, and others in the region and the impact on Egypt's economy of 
Arab sanctions against Egypt, was repealed by sec. 734(a)(4) 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 6, 1981.
---------------------------------------------------------------------------

  PLANNING FOR TRILATERAL SCIENTIFIC AND TECHNOLOGICAL COOPERATION BY 
                  EGYPT, ISRAEL, AND THE UNITED STATES

    Sec. 8.\11\ (a) 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 be prepared to participate, at 
an appropriate time, in trilateral cooperative projects of a 
scientific and technological nature involving Egypt, Israel, 
and the United States.
---------------------------------------------------------------------------
    \11\22 U.S.C. 3406.
---------------------------------------------------------------------------
    (b) Therefore, the President shall develop a plan to guide 
the participation of both United States Government agencies and 
private institutions in such projects. This plan shall 
identify--
          (1) potential projects in a variety of areas 
        appropriate for scientific and technological 
        cooperation by the three countries, including 
        agriculture, health, energy, the environment, 
        education, and water resources;
          (2) the resources which are available or which would 
        be needed to implement such projects; and
          (3) the means by which such projects would be 
        implemented.
    (c)\12\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \12\Subsec. (c), which had required the President to transmit the 
plan developed pursuant to subsec. (b) to the Congress, was repealed by 
sec. 734(a)(4) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). This plan 
was submitted to Congress on September 29, 1980.
---------------------------------------------------------------------------

 REPORT ON COSTS TO THE UNITED STATES OF IMPLEMENTING THE PEACE TREATY 
                        BETWEEN EGYPT AND ISRAEL

    Sec. 9.\13\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \13\Sec. 9, which has required a report from the President on the 
costs to the U.S. Government associated with the implementation of the 
Egyptian-Israeli peace treaty, was repealed by sec. 734(a)(4) 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 October 25, 1979.
---------------------------------------------------------------------------

                  NON-PROLIFERATION OF NUCLEAR WEAPONS

    Sec. 10.\14\ In accordance with the Nuclear Non-
Proliferation Act of 1978, the Congress strongly encourages all 
countries in the Middle East which are not parties to the 
Treaty on the Non-Proliferation of Nuclear Weapons to become 
parties to that Treaty.
---------------------------------------------------------------------------
    \14\22 U.S.C. 3408.
              f. Anglo-Irish Agreement Support Act of 1986

Partial text of Public Law 99-415 [H.R. 4329], 100 Stat. 947, approved 
                           September 19, 1986

 AN ACT To authorize United States contributions to the International 
 Fund established pursuant to the November 15, 1985, agreement between 
      the United Kingdom and Ireland, as well as other assistance.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anglo-Irish Agreement 
Support Act of 1986''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that the Anglo-Irish 
Agreement is a clear demonstration of the determination of the 
Government of the United Kingdom and the Government of Ireland 
to make progress concerning the complex situation in Northern 
Ireland. The Congress strongly supports the Anglo-Irish 
Agreement and is particularly encouraged that these two 
neighboring countries, longstanding friends of the United 
States, have joined together to rebuild a land that has too 
often been the scene of economic hardship and where many have 
suffered severely from the consequences of violence in recent 
years. In recognition of our ties of kinship, history, and 
commitment to democratic values, the Congress believes the 
United Stats should participate in this renewed commitment to 
social and economic progress in Northern Ireland and affected 
areas of Ireland.
    (b) Purposes.--It is, therefore, the purpose of the Act to 
provide for United States contributions in support of the 
Anglo-Irish Agreement, such contributions to consist of 
economic support fund assistance for payment to the 
International Fund established pursuant to the Anglo-Irish 
Agreement, as well as other assistance to serve as an incentive 
for economic development and reconciliation in Ireland and 
Northern Ireland. The purpose of these United States 
contributions shall be to support the Anglo-Irish Agreement in 
promoting reconciliation in Northern Ireland and the 
establishment of a society in Northern Ireland in which all may 
live in peace, free from discrimination, terrorism, and 
intolerance, and with the opportunity for both communities to 
participate fully in the structures and processes of 
government.

SEC. 3. UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL FUND.

    (a) Fiscal Year 1986.--Of the amounts made available for 
the fiscal year 1986 to carry out chapter 4 of part II of the 
Foreign Assistance Act of 1961 (relating to the economic 
support fund), $50,000,000 shall be used for United States 
contributions to the International Fund. Pending the formal 
establishment of the International Fund and submission of the 
certification required by section 5(c) of this Act, these funds 
may, pursuant to an agreement with the Government of the United 
Kingdom and the Government of Ireland, be disbursed into and 
maintained in a separate account.
    (b) Fiscal Years 1987 and 1988.--Of the amounts made 
available for each of the fiscal years 1987 and 1988 to carry 
out this chapter, $35,000,000 shall be used for United States 
contributions to the International Fund; and that amount is 
hereby authorized to be appropriated for each of those fiscal 
years to carry out that chapter (in addition to amounts 
otherwise authorized to be appropriated). Amounts appropriated 
pursuant to this subsection are authorized to remain available 
until expended.\1\
---------------------------------------------------------------------------
    \1\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; 111 Stat. 2386), waived 
the requirements for authorization, and title II of that Act (111 Stat. 
2393) provided the following:
---------------------------------------------------------------------------

                    ``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): 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.''.
---------------------------------------------------------------------------

SEC. 4. OTHER ASSISTANCE.

    (a) Available Authorities.--In addition to other available 
authorities, the following authorities may be used to provide 
assistance or other support to carry out the purposes of 
section 2 of this Act:
          (1) Section 108 of the Foreign Assistance Act of 1981 
        (relating to the Private Sector Revolving Fund).
          (2) Section 221 through 223 of that Act (relating to 
        the Housing Guaranty Program).
          (3) Title IV of chapter 2 of part I of that Act 
        (relating to the Overseas Private Investment 
        Corporation), without regard to the limitation 
        contained in paragraph (2) of the second undesignated 
        paragraph of section 231 of that Act.
          (4) Section 661 of that Act (relating to the Trade 
        and Development Agency).\2\
---------------------------------------------------------------------------
    \2\Sec. 202(e) of Public Law 102-549 (106 Stat. 3658) provided that 
any reference to the Trade and Development Program shall be deemed to 
be a reference to the Trade and Development Agency.
---------------------------------------------------------------------------
    (b) Other Laws.--Assistance under this Act may be provided 
without regard to any other provision of law.

SEC. 5. CONDITIONS AND UNDERSTANDINGS RELATING TO THE UNITED STATES 
                    CONTRIBUTIONS.

    (a) Promoting Economic and Social Reconstruction and 
Development.--The United States contributions provided for in 
this Act may be used only to support and promote economic and 
social reconstruction and development in Ireland and Northern 
Ireland. The restrictions contained in sections 531(e) and 
660(a) of the Foreign Assistance Act of 1961 apply with respect 
to any such contributions.
    (b) United States Representation on the Board of the 
Fund.--The President shall make every effort, in consultation 
with the Government of the United Kingdom and the Government of 
Ireland, to ensure that there is United States representation 
on the Board of the International Fund.
    (c) Prior Certifications.--Each fiscal year, the United 
States may make contributions to the International Fund only if 
the President certifies to the Congress\3\ that he is satisfied 
that--
---------------------------------------------------------------------------
    \3\Most recently, the President made such a determination for 
fiscal years 1996 and 1997 on September 22, 1997 (Presidential 
Determination No. 97-33; 62 F.R. 53217).
---------------------------------------------------------------------------
          (1) the Board of the International Fund, as a whole, 
        is broadly representative of the interests of the 
        communities in Ireland and Northern Ireland; and
          (2) disbursements from the International Fund--
                  (A) will be distributed in accordance with 
                the principle of equality of opportunity and 
                nondiscrimination in employment, without regard 
                to religious affiliation; and
                  (B) will address the needs of both 
                communities in Northern Ireland.
Each such certification shall include a detailed explanation of 
the basis for the President's decision.

SEC. 6. ANNUAL REPORTS.

    At the end of each fiscal year in which the United States 
Government makes any contribution to the International Fund, 
the Presidential shall report to the Congress on the degree to 
which--
          (1) the International Fund has contributed to 
        reconciliation between the communities in Northern 
        Ireland;
          (2) the United States contribution to the 
        International Fund is meeting its objectives of 
        encouraging new investment, job creation, and economic 
        reconstruction on the basis of strict equality of 
        opportunity; and
          (3) the International Fund has increased respect for 
        the human rights and fundamental freedoms of all people 
        in Northern Ireland.

SEC. 7. REQUIREMENTS RELATING TO FUNDS FOR ``INTERNATIONAL ORGANIZATION 
                    AND CONFERENCES''.

    (a) Disbursements, Audits, and Reports.--The provisions 
relating to disbursements on vouchers, audits, and submission 
of reports with respect to expenditures pursuant to the Joint 
Resolution of July 11, 1956 (Public Law 689), shall also apply 
with respect to expenditures pursuant to section 109(c) of the 
Act of November 22, 1983 (Public Law 98-164).
    (b)\4\ * * *
---------------------------------------------------------------------------
    \4\Sec. 7(b) amended sec. 109 of the Act of November 22, 1983 
(Public Law 98-164).
---------------------------------------------------------------------------

SEC. 8. DEFINITIONS.

    As used in this Act--
          (1) the term ``Anglo-Irish Agreement'' means the 
        Agreement Between the Government of Ireland and the 
        Government of the United Kingdom dated November 15, 
        1985; and
          (2) the term ``International Fund'' means the 
        international fund for economic development projects in 
        Northern Ireland and Ireland, established pursuant to 
        Article 10 of the Anglo-Irish Agreement.
                   g. International Narcotics Control

      (1) International Narcotics Control Corrections Act of 1994

    Partial text of Public Law 103-447 [H.R. 5246], 108 Stat. 4691, 
                       approved November 2, 1994

  AN ACT To amend the Foreign Assistance Act of 1961 to make certain 
corrections relating to international narcotics control activities, 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 ``International Narcotics 
Control Corrections Act of 1994''.
---------------------------------------------------------------------------
    \1\22 U.S.C. 2151 note.
---------------------------------------------------------------------------

                TITLE I--INTERNATIONAL NARCOTICS CONTROL

          * * * * * * *

SEC. 104.\2\ 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--
---------------------------------------------------------------------------
    \2\22 U.S.C. 2420 note.
---------------------------------------------------------------------------
          (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 1 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291 et seq.).

SEC. 105.\3\ WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECONOMIC 
                    ASSISTANCE.

    For fiscal year 1995, narcotics-related assistance under 
part I of the Foreign Assistance Act of 1961 may be provided 
notwithstanding any other provision of law that restricts 
assistance to foreign countries (other than section 490(e) of 
that Act (22 U.S.C. 2291j(e)) 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).
---------------------------------------------------------------------------
    \3\22 U.S.C. 2151 note.
---------------------------------------------------------------------------

SEC. 106.\3\,\4\ AUTHORITY FOR ANTICRIME ASSISTANCE.

    (a) Policy.--International criminal activities, including 
international narcotics trafficking, money laundering, 
smuggling, 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.
---------------------------------------------------------------------------
    \4\In an April 4, 1995, memorandum for the Secretary of State, the 
President delegated authority under this section with respect to funds 
made available to the Secretary of State (60 F.R. 19153).
---------------------------------------------------------------------------
    (b) Authority.--
          (1) In general.--For fiscal year 1995, the President 
        is authorized to furnish assistance to any country or 
        international organization, on such terms and 
        conditions as he may determine, for the prevention and 
        suppression of international criminal activities.
          (2) Waiver of prohibition of police training.--
        Section 660 of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2420) shall not apply with respect to assistance 
        furnished under paragraph (1).

SEC. 107.\5\ ASSISTANCE TO DRUG TRAFFICKERS.

    The President shall take all reasonable steps provided by 
law to ensure that the immediate relatives of any individual 
described in section 487(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2291f(a)), and the business partners of any 
such individual or of any entity described in such section, are 
not permitted entry into the United States, consistent with the 
provisions of the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.).
---------------------------------------------------------------------------
    \5\8 U.S.C. 1182 note.
---------------------------------------------------------------------------

              TITLE II--NATO PARTICIPATION ACT OF 1994\6\

          * * * * * * *
---------------------------------------------------------------------------
    \6\For title II, see Legislation on Foreign Relations Through 1997, 
vol. II.
            (2) International Narcotics Control Act of 1990

    Partial text of Public Law 101-623 [H.R. 5567], 104 Stat. 3350, 
                       approved November 21, 1990

  AN ACT To authorize international narcotics control activities for 
               fiscal year 1991, 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)\1\ Short Title.--This Act may be cited as the 
``International Narcotics Control Act of 1990''.
---------------------------------------------------------------------------
    \1\22 U.S.C. 2151 note.
---------------------------------------------------------------------------
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title and table of contents.
Sec. 2. Economic assistance and administration of justice programs for 
          Andean countries.
Sec. 3. Military and law enforcement assistance for Andean countries.
Sec. 4. General provisions relating to assistance for Andean countries.
Sec. 5. International narcotics control assistance.
Sec. 6. Assistance for agricultural and industrial alternatives to 
          narcotics production.
Sec. 7. Exceptions to requirement that aircraft provided to foreign 
          countries for narcotics control purposes be leased rather than 
          sold.
Sec. 8. Number of members of United States Armed Forces in Andean 
          countries.
Sec. 9. Nonapplicability of certification procedures to certain major 
          drug-transit countries.
Sec. 10. Authority to transfer military assistance funds to economic 
          programs.
Sec. 11. Extradition of United States citizens.
Sec. 12. Congressional review of narcotics-related assistance for 
          Afghanistan.
Sec. 13. Training of foreign pilots.
Sec. 14. Review of riverine program.
Sec. 15. Uses of excess defense articles transferred to certain major 
          illicit drug producing countries.
Sec. 16. Export-Import Bank financing for sales of defense articles and 
          services.
Sec. 17. Debt-for-drugs exchanges.

SEC. 2. ECONOMIC ASSISTANCE AND ADMINISTRATION OF JUSTICE PROGRAMS FOR 
                    ANDEAN COUNTRIES.

  (a) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated, there are authorized 
to be appropriated $300,000,000 for fiscal year 1991 for 
assistance for Andean countries under chapter 4 of part II of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2346 and 
following; relating to the economic support fund) or under 
chapter 1 of part I of that Act (22 U.S.C. 2151 and following; 
relating to development assistance).
  (b) Administration of Justice Programs.--
          (1) Additional assistance for bolivia, colombia, and 
        peru.--Of the funds authorized to be appropriated by 
        subsection (a) that are appropriated to carry out 
        chapter 4 of part II of the Foreign Assistance Act of 
        1961, up to $16,000,000 should be used to provide 
        assistance for Bolivia, Colombia, and Peru--
                  (A) pursuant to section 534 of that Act (22 
                U.S.C. 2346c; relating to the administration of 
                justice program), in addition to funds 
                otherwise used for those countries under that 
                section for fiscal year 1991; and
                  (B) pursuant to paragraphs (2) and (3) of 
                this subsection.
          (2) Protection against narco-terrorist attacks.--
        Funds used in accordance with paragraph (1) may be used 
        to provide to Bolivia, Colombia, and Peru, 
        notwithstanding section 660 of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2420; relating to the 
        prohibition on assistance to law enforcement agencies), 
        such assistance as the government of that country may 
        request to provide protection against narco-terrorist 
        attacks on judges, other government officials, and 
        members of the press.
          (3) Assistance for colombia's office of special 
        investigations and special prosecutor for human 
        rights.--It is the sense of the Congress that up to 
        $2,000,000 of the funds used in accordance with 
        paragraph (1) should be used for assistance for 
        Colombia to provide training, technical assistance, and 
        equipment for the Office of Special Investigations and 
        the Special Prosecutor for Human Rights, both of which 
        are within the Office of the Attorney General of the 
        Government of Colombia.
          (4) Additionality of assistance.--Funds may be used 
        in accordance with paragraph (1) of this subsection 
        without regard to the dollar limitation contained in 
        section 534(c) of the Foreign Assistance Act of 1961.
          (5) Period of availability.--Funds allocated for use 
        in accordance with paragraph (1) of this subsection 
        shall remain available until expended notwithstanding 
        any other provision of law.
          (6) Extension of authority for aoj program.--Section 
        534(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2346c(e)) is amended--
                  (A) in the second sentence by striking out 
                ``$7,000,000 may be made available in fiscal 
                year 1990'' and inserting in lieu thereof 
                ``$10,000,000 may be made available in fiscal 
                year 1991''; and
                  (B) in the third sentence by striking out 
                ``1990'' and inserting in lieu thereof 
                ``1991''.

SEC. 3. MILITARY AND LAW ENFORCEMENT ASSISTANCE FOR ANDEAN COUNTRIES.

  (a) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated, there are authorized 
to be appropriated $118,000,000 for fiscal year 1991 for 
assistance for Andean countries under the ``foreign military 
financing program'' account under section 23 of the Arms Export 
Control Act (22 U.S.C. 2763).
  (b) Purposes of Assistance.--Assistance under subsection (a) 
shall be designed to--
          (1) enhance the ability of the government of the 
        recipient country to control illicit narcotics 
        production and trafficking;
          (2) strengthen the bilateral ties of the United 
        States with that government by offering concrete 
        assistance in this area of great mutual concern;
          (3) strengthen respect for internationally recognized 
        human rights and the rule of law in efforts to control 
        illicit narcotics production and trafficking; and
          (4) assist the armed forces of the Andean countries 
        in their support roles for those countries' law 
        enforcement agencies, which are charged with the main 
        responsibility for the control of illicit narcotics 
        production and trafficking.
  (c) Conditions of Eligibility.--Assistance may be provided 
for an Andean country under subsection (a) only--
          (1) so long as that country has a democratic 
        government; and
          (2) the government of that country, including the 
        armed forces and law enforcement agencies, does not 
        engage in a consistent pattern of gross violations of 
        internationally recognized human rights (as defined in 
        section 502B(d)(1) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2304(d)(1))).
  (d) Law Enforcement Training and Equipment.--Subject to 
subsection (e), funds made available to carry out subsection 
(a) may be used, notwithstanding section 660 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2420; relating to the 
prohibition on assistance to law enforcement agencies)--
          (1) to provide to law enforcement units, that are 
        organized for the specific purpose of narcotics 
        enforcement, education and training in the operation 
        and maintenance of equipment used in narcotics control 
        interdiction and eradication efforts;
          (2) for the expenses of deploying, upon the request 
        of the Government of Bolivia, the Government of 
        Colombia, or the Government of Peru, Department of 
        Defense mobile training teams in that country to 
        conduct training in military-related individual and 
        collective skills that will enhance that country's 
        ability to conduct tactical operations in narcotics 
        interdiction; and
          (3) for the procurement of defense articles or 
        commodities (as defined in section 644(c) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2403(c))) for 
        use in narcotics control, eradication, and interdiction 
        efforts by law enforcement units that are organized for 
        the specific purpose of narcotics enforcement.
  (e) Military and Law Enforcement Assistance.--
          (1) Limitations on amounts.--The aggregate amount of 
        military and law enforcement assistance provided for 
        Bolivia, Colombia, and Peru for fiscal year 1991 may 
        not exceed $250,000,000. Of that amount--
                  (A) not more than $175,000,000 may be 
                assistance for the armed forces; and
                  (B) not more than $175,000,000 may be 
                assistance for law enforcement units or 
                agencies.
          (2) Definition of military and law enforcement 
        assistance.--For purposes of paragraph (1), the term 
        ``amount of military and law enforcement assistance'' 
        means the sum of--
                  (A) the amount obligated for assistance under 
                the ``foreign military financing program'' 
                account under section 23 of the Arms Export 
                Control Act (22 U.S.C. 2763);
                  (B) the amount obligated for assistance under 
                chapter 8 of part I of the Foreign Assistance 
                Act of 1961 (22 U.S.C. 2291 and following; 
                relating to international narcotics control 
                assistance);
                  (C) the amount obligated for assistance under 
                chapter 5 of part II of the Foreign Assistance 
                Act of 1961 (22 U.S.C. 2291 and following; 
                relating to international military education 
                and training);
                  (D) the value of defense articles, defense 
                services, and military education and training 
                made available under the special drawdown 
                authority of paragraphs (1) and (2) of section 
                506(a) of the Foreign Assistance Act of 1961 
                (22 U.S.C. 2318(a)); and
                  (E) the value of excess defense articles made 
                available under section 517 of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2321k).
  (f) Limitations on Amount of Excess Defense Articles 
Transferred to Bolivia, Colombia, and Peru.--
          (1) Establishment of limit.--The aggregate 
        acquisition cost to the United States of excess defense 
        articles ordered by the President in fiscal year 1991 
        for delivery to Bolivia, Colombia, and Peru under 
        section 517 of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2321k) may not exceed $60,000,000.
          (2) Waiver of existing grant eda limitation.--The 
        dollar limitation in section 517(e) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2321k(e)) shall not 
        apply with respect to Bolivia, Colombia, and Peru in 
        fiscal year 1991.
          (3) Worldwide limitation on amount of excess defense 
        articles transferred.--Section 31(d) of the Arms Export 
        Control Act (22 U.S.C. 2771(d)) shall not apply to 
        excess defense articles ordered for transfer to 
        Bolivia, Colombia, or Peru under section 517 of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2321k) in 
        fiscal year 1991.
  (g) Assistance for Leasing of Aircraft.--
          (1) Use of funds.--For purposes of satisfying the 
        requirement of section 484 of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2291c), funds made available 
        under subsection (a) may be used to finance the leasing 
        of aircraft under chapter 6 of the Arms Export Control 
        Act.
          (2) Cost of leases.--Section 61(a)(3) of the Arms 
        Export Control 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).
          (3) Reimbursement of sdaf.--To the extent that 
        aircraft so leased were acquired under chapter 5 of the 
        Arms Export Control Act, funds used pursuant to this 
        subsection 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.

SEC. 4. GENERAL PROVISIONS RELATING TO ASSISTANCE FOR ANDEAN COUNTRIES.

  (a)\2\ Presidential Determination Required.--Assistance may 
be provided for an Andean country pursuant to the 
authorizations of appropriations provided in section 2(a) and 
section 3(a), and excess defense articles may be transferred to 
Bolivia, Colombia, or Peru in fiscal year 1991 pursuant to 
section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2321k), only if the President determines that--
---------------------------------------------------------------------------
    \2\The President delegated functions required in sec. 4(a) and (e), 
to the Secretary of State. He further delegated functions in sec. 13 to 
the Secretary of State in consultation with the Secretary of Defense, 
and functions in secs. 8 and 13 to the Secretary of Defense, and 
allowed reporting requirements to be further redelegated within 
executive departments or relevant agencies (Presidential Determination 
No. 91-20 of January 25, 1991; 56 F.R. 8681; March 1, 1991).
    The Acting Secretary of State made such a determination as required 
in sec. 4(a) regarding Peru on August 9, 1991 (Department of State 
Public Notice 1447; 56 F.R. 38165; August 12, 1991). The Secretary of 
State made such determinations as required in sec. 4(a) regarding 
Bolivia, Colombia, and Ecuador on November 6, 1991 (Department of State 
Public Notice 1518; 56 F.R. 57030; November 7, 1991).
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          (1) that country is implementing programs to reduce 
        the flow of cocaine to the United States in accordance 
        with a bilateral or multilateral agreement, to which 
        the United States is a party, that contains specific, 
        quantitative and qualitative, performance criteria with 
        respect to those programs;
          (2) the armed forces and law enforcement agencies of 
        that country are not engaged in a consistent pattern of 
        gross violations of internationally recognized human 
        rights, and the government of that country has made 
        significant progress in protecting internationally 
        recognized human rights, particularly in--
                  (A) ensuring that torture, cruel, inhuman, or 
                degrading treatment or punishment, 
                incommunicado detention or detention without 
                charges and trial, disappearances, and other 
                flagrant denials of the right to life, liberty, 
                or security of the person, are not practiced; 
                and
                  (B) permitting an unimpeded investigation of 
                alleged violations of internationally 
                recognized human rights, including providing 
                access to places of detention, by appropriate 
                international organizations (including 
                nongovernmental organizations such as the 
                International Committee of the Red Cross) or 
                groups acting under the authority of the United 
                Nations or the Organization of American States; 
                and
          (3) the government of that country has effective 
        control over police and military operations related to 
        counternarcotics and counterinsurgency activities.
  (b) Notifications to Congress.--Not less than 15 days before 
funds are obligated pursuant to section 2(a) or section 3(a), 
the President shall transmit to the congressional committees 
specified in section 634A(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2394-1) a written notification in accordance 
with the procedures applicable to reprogrammings under that 
section. Such notification shall specify--
          (1) the country to which the assistance is to be 
        provided;
          (2) the type and value of the assistance to be 
        provided;
          (3) in the case of assistance provided pursuant to 
        section 3(a), the law enforcement or other units that 
        will receive the assistance; and
          (4) an explanation of how the proposed assistance 
        will further--
                  (A) the objectives specified in subsection 
                (a) of this section, and
                  (B) in the case of assistance under section 
                3(a), the purposes specified in section 3(b).
  (c) Coordination With International Narcotics Control 
Assistance Program.--Assistance authorized by section 2(a) and 
section 3(a) shall be coordinated with assistance provided 
under chapter 8 of part I of the Foreign Assistance Act of 1961 
(22 U.S.C. 2291 and following; relating to international 
narcotics control assistance).
  (d) Conditional Waiver of Brooke-Alexander Amendment.--For 
fiscal year 1991, section 620(q) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2370(q)) and section 518 of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1991, shall not apply with respect to 
narcotics-related assistance for an Andean country, provided 
the President has made the determination described in 
subsection (a) of this section.
  (e)\2\ Authority to Waiver Requirement to Withhold 50 Percent 
of Assistance Pending Certification.--Section 481(h)(1)(A) of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2291(h)(1)(A)) 
shall not apply with respect to Bolivia, Colombia, and Peru for 
fiscal year 1991 if the President--
          (1) determines that its application would be contrary 
        to the national interest; and
          (2) transmits written notification of that 
        determination to the congressional committees specified 
        in section 634A(a) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2394-1) in accordance with the 
        procedures applicable to reprogrammings under that 
        section.

SEC. 5. INTERNATIONAL NARCOTICS CONTROL ASSISTANCE.

  There are authorized to be appropriated $150,000,000 for 
fiscal year 1991 for assistance under chapter 8 of part I of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2291 and 
following; relating to international narcotics control 
assistance).

SEC. 6.\3\ ASSISTANCE FOR AGRICULTURAL AND INDUSTRIAL ALTERNATIVES TO 
                    NARCOTICS PRODUCTION.

  (a) Waiver of Restrictions.--For the purpose of reducing 
dependence upon the production of crops from which narcotic and 
psychotropic drugs are derived, the President may provide 
assistance to a foreign country under chapter 1 of part I of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and 
following; relating to development assistance) and chapter 4 of 
part II of that Act (22 U.S.C. 2346 and following; relating to 
the economic support fund) to promote the production, 
processing, or the marketing of products or commodities, 
notwithstanding any other provision of law that would otherwise 
prohibit the provision of assistance to promote the production, 
processing, or the marketing of such products or commodities.
---------------------------------------------------------------------------
    \3\22 U.S.C. 2151x-1.
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  (b) Effective Date.--Subsection (a) applies with respect to 
funds made available for fiscal year 1991 or any fiscal year 
thereafter.

SEC. 7.\4\ EXCEPTIONS TO REQUIREMENT THAT AIRCRAFT PROVIDED TO FOREIGN 
                    COUNTRIES FOR NARCOTICS CONTROL PURPOSES BE LEASED 
                    RATHER THAN SOLD. * * *

SEC. 8.\2\,\5\ NUMBER OF MEMBERS OF UNITED STATES ARMED 
                    FORCES IN ANDEAN COUNTRIES.

  Monthly Reports.--Within 15 days after the end of each month, 
the President shall submit to the Congress a report listing the 
number of members of the United States Armed Forces who were 
assigned or detailed to, or otherwise performed functions in, 
each Andean country at any time during that month.
---------------------------------------------------------------------------
    \4\Sec. 7 amended sec. 484 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2291c).
    \5\22 U.S.C. 2291 note.
---------------------------------------------------------------------------

SEC. 9.\6\ NONAPPLICABILITY OF CERTIFICATION PROCEDURES TO CERTAIN 
                    MAJOR DRUG-TRANSIT COUNTRIES. * * *
---------------------------------------------------------------------------

    \6\Sec. 9 amended sec. 8 of the International Narcotics Control Act 
of 1989.
---------------------------------------------------------------------------

SEC. 10.\7\ AUTHORITY TO TRANSFER MILITARY ASSISTANCE FUNDS TO ECONOMIC 
                    PROGRAMS.
---------------------------------------------------------------------------

    \7\Sec. 10 amended sec. 610(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2360(a)).
---------------------------------------------------------------------------

SEC. 11.\8\ EXTRADITION OF UNITED STATES CITIZENS. * * *
---------------------------------------------------------------------------

    \8\Section 11 amended chapter 209 of title 18, U.S.C., by adding a 
new sec. 3196.
---------------------------------------------------------------------------

SEC. 12. CONGRESSIONAL REVIEW OF NARCOTICS-RELATED ASSISTANCE FOR 
                    AFGHANISTAN.

  Not less than 15 days before obligating funds made available 
for any fiscal year to carry out the Foreign Assistance Act of 
1961 or the Arms Export Control Act for any assistance for 
Afghanistan that has narcotics control as one of its purposes, 
the President shall notify the congressional committees 
specified in section 634A(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2394-1) in accordance with the procedures 
applicable to reprogramming notifications under that section.

SEC. 13.\2\,\9\ TRAINING OF HOST COUNTRY PILOTS.

  (a) Instruction Program.--Not less than 90 days after the 
date of enactment of this Act, the President shall implement, 
under chapter 8 of part I of the Foreign Assistance Act of 1961 
(22 U.S.C. 2291 and following; relating to international 
narcotics control assistance), a detailed program of 
instruction to train host country pilots, and other flight crew 
members, to fly host country aircraft involved in 
counternarcotics efforts in Andean countries. Such program 
shall be designed to eliminate direct participation of the 
United States Government (including participation through the 
use of either direct hire or contract personnel) in the 
operation of such aircraft.
---------------------------------------------------------------------------
    \9\22 U.S.C. 2291h note.
---------------------------------------------------------------------------
  (b) Requirement for Replacement of United States Government 
Pilots by Host Country Pilots.--The President shall ensure 
that, within 18 months after the date of enactment of this Act, 
flight crews composed of host country personnel replace all 
United States Government pilots and other flight crew members 
(including both direct hire or contract personnel) for host 
country aircraft involved in airborne counternarcotics 
operations in the Andean countries.
  (c) Aircraft Subject to Requirements.--As used in this 
section, the term ``host country aircraft'' means any aircraft 
made available to an Andean country by the United States 
Government under chapter 8 of part I of the Foreign Assistance 
Act of 1961, or any other provision of law, for use by that 
country for narcotics-related purposes.

SEC. 14. REVIEW OF RIVERINE PROGRAM.

  Funds made available to carry out the Foreign Assistance Act 
of 1961 or the Arms Export Control Act may not be used for the 
procurement of surface water craft for counternarcotics 
programs in the Andean countries until the Secretary of State 
and the Secretary of Defense have jointly assessed and audited, 
and have submitted a report to Congress on--
          (1) the specific goals and objectives of such 
        programs;
          (2) how such craft will further the attainment of 
        those goals and objectives;
          (3) the cost and utility of craft to be provided; and
          (4) how such craft will be sustained through 
        maintenance and training.

SEC. 15.\10\ USES OF EXCESS DEFENSE ARTICLES TRANSFERRED TO CERTAIN 
                    MAJOR ILLICIT DRUG PRODUCING COUNTRIES. * * *

SEC. 16.\11\ EXPORT-IMPORT BANK FINANCING FOR SALES OF DEFENSE ARTICLES 
                    AND SERVICES. * * *

SEC. 17. DEBT-FOR-DRUGS EXCHANGES.

  (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \10\Section 15 amended sec. 517(c) of the Foreign Assistance Act of 
1961.
    \11\Section 16 amended sec. 2(b)(6)(B)(vi) of the Export-Import 
Bank Act of 1945.
---------------------------------------------------------------------------
          (1) section 10 of the International Narcotics Control 
        Act of 1989 gives the President the authority to 
        provide relief with respect to certain debt owed to the 
        United States Government by the Government of Bolivia, 
        the Government of Colombia, or the Government of Peru 
        if the President determines that that country is 
        implementing programs to reduce the flow of cocaine to 
        the United States;
          (2) President Bush has endorsed the concept of debt 
        relief with respect to debt owed by Latin American 
        governments to the United States Government in his 
        ``Enterprise for Americans Initiative'', announced June 
        27, 1990; and
          (3) President Bush has proposed forgiveness of 
        foreign military sales debt owed by the Government of 
        Egypt to the United States Government.
  (b) Use of Debt-For-Drugs Authority.--The Congress urges the 
President to use the authority provided in section 10 of the 
International Narcotics Control Act of 1989 to forgive debt 
owed to the United States Government by the Government of 
Bolivia, the Government of Colombia, and the Government of 
Peru.
                        (3) Licit Opium Imports

Title XXVI of Public Law 101-647 [Crime Control Act of 1990, S. 3266], 
           104 Stat. 4789 at 4911, approved November 29, 1990

                        AN ACT To control crime.

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

SEC. 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Crime Control Act of 1990''.
---------------------------------------------------------------------------
    \1\18 U.S.C. 1 note.
---------------------------------------------------------------------------
          * * * * * * *

                    TITLE XXVI--LICIT OPIUM IMPORTS

SEC. 2501. UNITED STATES POLICY REGARDING IMPORTATION OF NARCOTIC RAW 
                    MATERIAL.

    (a) Review Required.--The President shall conduct a review 
of United States narcotics raw material policy to determine the 
advisability of continued reliance on the ``80-20 rule'' (21 
C.F.R. sec. 1312.13) by which at least 80 percent of United 
States imports of narcotics raw material must come from India 
and Turkey.
    (b) Agencies To Be Involved.--This review shall include 
information and views from the Department of State, the 
Administrator of the Drug Enforcement Administration, and the 
Secretary of the Department of Health and Human Services, the 
Secretary of Commerce and any other agencies the President 
determines appropriate.
    (c) Nature and Contents.--This review shall include--
          (1) a report on the extent of the diversion taking 
        place from the licit to the illicit market in India 
        from the farm gate through the stockpile;
          (2) an evaluation of the efforts being made by the 
        Government of India to stop diversion from the licit to 
        the illicit market, to limit its stockpile of opium 
        gum, and to limit and regulate the amount of land and 
        number of farmers devoted to poppy cultivation, and the 
        success or failure of these efforts;
          (3) a description of the steps the President has 
        taken to encourage these actions on the part of the 
        Indian government, what further steps are contemplated 
        and what action will be taken if Indian action proves 
        ineffective;
          (4) an assessment of whether continued reliance on 
        the 80-20 rules serves to encourage these actions, an 
        assessment of what circumstances would make continued 
        reliance on the rule unacceptable to the President, and 
        proposals for executive or legislative modification of 
        the rule under those circumstances;
          (5) an assessment of the feasibility of India 
        converting from the opium gum to the concentrated poppy 
        straw method of opium production;
          (6) an assessment of the effects on United States 
        supplies of narcotic raw material in the absence of 80-
        20; and
          (7) an evaluation of the potential for market 
        manipulation under the 80-20 rule.
    (d) Reports to Congress.--The President shall report the 
results of this review to Congress not later than April 1, 
1991.
          * * * * * * *
            (4) International Narcotics Control Act of 1989

    Partial text of Public Law 101-231 [H.R. 3611], 103 Stat. 1954, 
     approved December 13, 1989; as amended by Public Law 101-623 
  [International Narcotics Control Act of 1990, H.R. 5567], 104 Stat. 
3350, approved November 21, 1990; and Public Law 102-583 [International 
  Narcotics Control Act of 1992; H.R. 6187], 106 Stat. 4914, approved 
                            November 2, 1992

  AN ACT To combat international narcotics production and trafficking.

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

SECTION 1.\1\ SHORT TITLE AND TABLE OF CONTENTS

    (a) Short Title.--This Act may be cited as the 
``International Narcotics Control Act of 1989''.
---------------------------------------------------------------------------
    \1\22 U.S.C. 2151 note.
---------------------------------------------------------------------------
    (b) Table of Contents.--The table of contents for this Act 
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Andean drug initiative.
Sec. 3. Military and law enforcement assistance for Bolivia, Colombia, 
          and Peru.
Sec. 4. Acquisition by Special Defense Acquisition Fund of defense 
          articles for narcotics control purposes.
Sec. 5. Excess defense articles for certain major illicit drug producing 
          countries.
Sec. 6. Waiver of Brooke-Alexander amendment for major coca producing 
          countries.
Sec. 7. Mexico.
Sec. 8. Nonapplicability of certification procedures to certain major 
          drug-transit countries.
Sec. 9. Coordination of United States trade policy and narcotics control 
          objectives.
Sec. 10. Debt-for-drugs exchanges.
Sec. 11. Multilateral antinarcotics strike force.
Sec. 12. Weapons transfers to international narcotics traffickers.
Sec. 13. Rewards for information concerning acts of international 
          terrorism.
Sec. 14. Waiver of Bumpers Amendment.
Sec. 15. Participation in foreign police actions.
Sec. 16. Authorization of appropriations for international narcotics 
          control assistance.
Sec. 17. Revisions of certain narcotics-related provisions of the 
          Foreign Assistance Act.

SEC. 2. ANDEAN DRUG INITIATIVE.

    (a) Findings Relating to Economic Assistance Needs.--The 
Congress finds that--
          (1) it is crucial to international antidrug efforts 
        that funds be made available for crop substitution 
        programs and alternative employment opportunities to 
        provide alternative sources of income for those 
        individuals in major coca producing countries who are 
        dependent on illicit drug production activities, as 
        well as for eradication, enforcement, rehabilitation 
        and treatment, and education programs in those 
        countries; and
          (2) the United States and other major donor countries 
        (including European countries and Japan) should provide 
        increased economic assistance, on an urgent basis, to 
        those major coca producing countries which have taken 
        concrete steps to attack illicit coca production, 
        processing, and trafficking, by eradication, 
        interdiction, or other methods which significantly 
        reduce the flow of cocaine to the world market.
    (b) Plan to Address Need for Assistance.--The Congress, 
therefore, urges the Director of National Drug Control Policy 
to submit to the Congress in February 1990, as part of the 
National Drug Control Strategy report required by section 1005 
of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1504), a plan 
which addresses the need outlined in subsection (a).
    (c) Andean Summit.--The Congress urges the President in the 
strongest possible terms to include the following issues on the 
formal agenda of the meeting between the President and the 
heads of government of Bolivia, Colombia, and Peru, scheduled 
for early February 1990:
          (1) Bilateral and multilateral antidrug efforts that 
        make funds available for crop substitution programs and 
        alternative employment opportunities in major coca 
        producing countries, as well as for eradication, 
        enforcement, rehabilitation and treatment, and 
        education programs in those countries.
          (2) Initiatives to improve and expand antidrug 
        efforts in the Andean region, including through the use 
        of United States international economic, commercial, 
        and other policies.
          (3) Prior bilateral discussions aimed at increasing 
        multilateral economic development assistance from 
        Japan, Canada, and Western European countries for 
        antidrug efforts in the Andean region.
          (4) Debt-for-drugs exchanges that forgive Andean 
        bilateral debt held by the United States and other 
        creditor countries in return for commitments by Andean 
        governments to use the savings in debt service for 
        antidrug programs, pursuant to agreements negotiated 
        under section 481(h)(2)(B) of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2291(h)(2)(B)) and other 
        international agreements and initiatives.
          (5) Bilateral and multilateral efforts to halt the 
        transfer of arms, precursor chemicals, and 
        sophisticated communications equipment and technology 
        from legitimate sources to drug trafficking 
        organizations.
    (d) Report on Andean Summit Meeting.--Not later than 30 
days after the conclusion of the Andean summit meeting 
described in subsection (c), the President shall report to the 
Congress on the outcome of that meeting.
    (e) Supplemental Budget Requests.--At the same time as he 
submits the report required by subsection (d), the President 
shall submit to the Congress such supplemental budget requests 
for fiscal years 1990 and 1991 as may be necessary to cover the 
United States share of the cost of additional economic 
assistance to implement an Andean antidrug strategy, including 
the commitments made at the Andean summit meeting described in 
subsection (c).

SEC. 3.\2\ MILITARY AND LAW ENFORCEMENT ASSISTANCE FOR BOLIVIA, 
                    COLOMBIA, AND PERU.

    (a) Purposes of Assistance.--Assistance provided under this 
section shall be designed to--
---------------------------------------------------------------------------
    \2\22 U.S.C. 2291 note.
---------------------------------------------------------------------------
          (1) enhance the ability of the Government of Bolivia, 
        the Government of Colombia, and the Government of Peru 
        to control illicit narcotics production and 
        trafficking;
          (2) strengthen the bilateral ties of the United 
        States with those governments by offering concrete 
        assistance in this area of great mutual concern; and
          (3) strengthen respect for internationally recognized 
        human rights and the rule of law in efforts to control 
        illicit narcotics production and trafficking.
    (b) Military Assistance and Training.--Subject to the 
requirements of this section, the President is authorized to 
use the funds made available to carry out this section to 
provide defense articles, defense services, and international 
military education and training to Bolivia, Colombia, and Peru. 
Such assistance shall be provided under the authorities of 
section 23 of the Arms Export Control Act (22 U.S.C. 2763; 
relating to foreign military financing program) and chapter 5 
of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 
2347 and following; relating to international military 
education and training). Such assistance is in addition to any 
other such assistance made available to those countries.
    (c) Law Enforcement Training.--
          (1) Authorized forms and recipients of assistance.--
        Subject to paragraph (2), up to $6,500,000 of the funds 
        made available to carry out this section may be used, 
        notwithstanding section 660 of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2420; relating to the 
        prohibition on law enforcement assistance)--
                  (A) to provide to law enforcement agencies, 
                or other units, that are organized for the 
                specific purpose of narcotics enforcement by 
                the Government of Bolivia, the Government of 
                Colombia, or the Government of Peru, education 
                and training in the operation and maintenance 
                of equipment used in narcotics control 
                interdiction and eradication efforts; and
                  (B) for the expenses of deploying, upon the 
                request of the Government of Bolivia, the 
                Government of Colombia, or the Government of 
                Peru, Department of Defense mobile training 
                teams in that country to conduct training in 
                military-related individual and collective 
                skills that will enhance that country's ability 
                to conduct tactical operations in narcotics 
                interdiction.
          (2) Offsetting reduction.--The amount that may be 
        used under paragraph (1) shall be reduced by the amount 
        of any assistance provided for Bolivia, Colombia, or 
        Peru under the Foreign Operations, Export Financing, 
        and Related Programs Appropriations Act, 1990, for the 
        purposes specified in subparagraph (A) or (B) of 
        paragraph (1).\3\
---------------------------------------------------------------------------
    \3\In the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1195), 
see sec. 569, ``Narcotics Control Program'' (103 Stat. 1243), and sec. 
599H, ``Crops in Peru, Bolivia and Jamaica'' (103 Stat. 1265).
---------------------------------------------------------------------------
    (d) Equipment for Law Enforcement Units.--
          (1) Authorized forms and recipients of assistance.--
        Subject to paragraph (2), up to $12,500,000 of the 
        funds made available to carry out this section may be 
        used, notwithstanding section 660 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2420; relating to the 
        prohibition on law enforcement assistance), for the 
        procurement of defense articles for use in narcotics 
        control, eradication, and interdiction efforts by law 
        enforcement agencies, or other units, that are 
        organized for the specific purpose of narcotics 
        enforcement.
          (2) Offsetting reduction.--The amount that may be 
        used under paragraph (1) shall be reduced by the amount 
        of any assistance provided for Bolivia, Colombia, or 
        Peru under the Foreign Operations, Export Financing, 
        and Related Programs Appropriations Act, 1990, for the 
        procurement of weapons or ammunition in accordance with 
        the general authorities contained in section 481(a) of 
        the Foreign Assistance Act of 1961.
    (e) Conditions of Eligibility.--Assistance may be provided 
under this section to Bolivia, Colombia, or Peru only--
          (1) so long as that country has a democratic 
        government; and
          (2) the law enforcement agencies of that country do 
        not engage in a consistent pattern of gross violations 
        of internationally recognized human rights (as defined 
        in section 502B(d)(1) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2304(d)(1)).
    (f) Notifications to Congress.--Not less than 15 days 
before funds are obligated pursuant to this section, the 
President shall transmit to the congressional committees 
specified in section 634A of the Foreign Assistance Act of 1961 
(22 U.S.C. 2394-1) a written notification in accordance with 
the procedures applicable to reprogrammings under that section. 
Such notification shall specify--
          (1) the country to which the assistance is to be 
        provided;
          (2) the type and value of the assistance to be 
        provided;
          (3) the law enforcement agencies or other units that 
        will receive the assistance; and
          (4) an explanation of how the proposed assistance 
        will achieve the purposes specified in subsection (a) 
        of this section.
    (g) Reports on Human Rights Situation.--Section 502B(c) of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2304(c); relating 
to country-specific human rights reports upon the request of 
the foreign affairs committees) applies with respect to 
countries for which assistance authorized by this section is 
proposed or is being provided.
    (h) Coordination With International Narcotics Control 
Assistance Program.--Assistance under this section shall be 
coordinated with assistance provided under chapter 8 of part I 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 and 
following; relating to international narcotics control 
assistance).
    (i) Authorization of Appropriations.--There are authorized 
to be appropriated $125,000,000 for fiscal year 1990 to carry 
out this section, which amount is authorized to be made 
available until expended.
    (j)\4\ Certain Funding Limitations.--The dollar limitations 
specified in subsections (c)(1) and (d)(1) shall not apply 
after the date of enactment of this subsection.
---------------------------------------------------------------------------
    \4\Sec. 6(d) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4933; November 2, 1992) added subsec. 
(j).
---------------------------------------------------------------------------

SEC. 4.\5\ ACQUISITION BY SPECIAL DEFENSE ACQUISITION FUND OF DEFENSE 
                    ARTICLES FOR NARCOTICS CONTROL PURPOSES. * * *
---------------------------------------------------------------------------

    \5\Sec. 4 amended sec. 51(a) of the Arms Export Control Act (22 
U.S.C. 2795(a)).
---------------------------------------------------------------------------

SEC. 5.\6\ EXCESS DEFENSE ARTICLES FOR CERTAIN MAJOR ILLICIT DRUG 
                    PRODUCING COUNTRIES. * * *
---------------------------------------------------------------------------

    \6\Sec. 5 amended chapter 2 of part II of the Foreign Assistance 
Act (22 U.S.C. 2311 and following) by adding a new sec. 517.
---------------------------------------------------------------------------

SEC. 6. WAIVER OF BROOKE-ALEXANDER AMENDMENT FOR MAJOR COCA PRODUCING 
                    COUNTRIES.

    During fiscal year 1990, section 620(q) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2370(q)) and section 518 of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriation Act, 1990, do not apply with respect to 
narcotics-related assistance for a country which is a major 
illicit drug producing country (as defined in section 481(i)(2) 
of the Foreign Assistance Act of 1961) because of its coca 
production.

SEC. 7. MEXICO.

    (a) Limitation on Narcotics Control Assistance.--
          (1) Limitation.--Except as provided in paragraph (2), 
        not more than $15,000,000 of the amounts made available 
        for fiscal year 1990 to carry out chapter 8 of part I 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 
        and following; relating to international narcotics 
        control assistance) may be made available for Mexico.
          (2) Procedure for additional assistance.--Assistance 
        in excess of the amount specified in paragraph (1) may 
        be made available for Mexico only if the congressional 
        committees specified in section 634A of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2394-1) are notified 
        at least 15 days in advance in accordance with the 
        procedures applicable to reprogrammings under that 
        section.
    (b) Senate Policy Toward the Control of Illegal Drugs in 
Mexico.--
          (1) Findings.--The Senate finds that--
                  (A) the Foreign Assistance Act of 1961 
                requires, except in cases of vital national 
                interest, that all countries determined to be a 
                major illicit drug producing country or a major 
                drug-transit country must be ``cooperating 
                fully'' with United States antinarcotics 
                activities in order to continue receiving 
                various forms of United States foreign 
                assistance;
                  (B) relations between the United States and 
                Mexico have suffered since the 1985 kidnapping 
                and murder of Drug Enforcement Administration 
                agent Enrique Camarena and the 1986 torture of 
                DEA agent Victor Cortez;
                  (C) testimony before the Senate dating to 
                1986 has indicated that high-ranking Mexican 
                government, military, and law enforcement 
                officials have been involved in illegal 
                narcotics operations, including narcotics 
                trafficking operations into the United States;
                  (D) Mexico has been determined to be the 
                primary producer of marijuana and heroin 
                entering the United States and the transit 
                point for up to 50 percent of the cocaine being 
                smuggled into this country;
                  (E) there have been three drug-related mass 
                murders involving more than 30 victims along 
                the southwest border in recent months involving 
                Mexican drug trafficking organizations;
                  (F) the United States continues to seek, with 
                Mexican cooperation, hot pursuit and overflight 
                authority for United States law enforcement 
                agencies, access to bank records, verification 
                of eradication figures, information on those 
                who have been tried, charged, sentenced, and 
                served time for narcotics-related crimes, and 
                extradition of criminal figures;
                  (G) there was sworn in a new president and 
                Government of Mexico on December 1, 1988, 
                creating a new era of opportunity for increased 
                cooperation and mutual friendship;
                  (H) the new President of Mexico, Carlos 
                Salinas de Gortari, has indicated a strong 
                willingness to expand and improve Mexico's 
                antinarcotics activities;
                  (I) the Chief of the Mexico City Police 
                Investigative Service, Miguel Nazar Haro, who 
                is under indictment in the United States, has 
                been fired;
                  (J) the Government of Mexico has arrested 
                Miguel Angel Felix-Gallardo, one of the most 
                notorious drug trafficking figures in Mexico;
                  (K) Mexican officials have for the first time 
                conceded that corrupt Mexican officials, 
                including law enforcement, government, and 
                military officials, have previously protected 
                Mr. Gallardo; and
                  (L) criminal charges of electoral fraud 
                against the mayor of Hermosillo, Carlos Robles, 
                and homicide and arms charges against the head 
                of Mexico's Oil Workers Union, Joaquin 
                Hernandez Galicia, have been filed.
          (2) Senate policy.--It is the sense of the Senate 
        that--
                  (A) President Salinas should be supported in 
                his expressed willingness to end the narcotics-
                related corruption that has permeated the 
                Government of Mexico in the past;
                  (B) Mexico should conclude the prosecution of 
                the murders of Drug Enforcement Administration 
                agent Camarena, the perpetrators of torture 
                against DEA agent Cortez, and make progress in 
                the prosecution of Felix-Gallardo;
                  (C) Mexico should demonstrate its commitment 
                to cooperating fully in antinarcotics 
                activities by entering into negotiations with 
                the United States on --
                          (i) joint overflight and hot pursuit 
                        operations, involving Mexican law 
                        enforcement officials traveling on 
                        United States interdiction aircraft 
                        with Mexican officers having 
                        responsibility for actual arrests of 
                        suspects;
                          (ii) participation of United States 
                        law enforcement agencies in air 
                        surveillance flights for interdiction 
                        efforts and joint United States-Mexico 
                        border enforcement and interdiction 
                        operations;
                          (iii) United States requests for 
                        access to bank records to assist in 
                        carrying out narcotics-related 
                        investigations; and
                          (iv) United States requests for 
                        verification of eradication statistics, 
                        including ground verification; and
                  (D) the people of Mexico should be supported 
                in their efforts to rid their country of 
                illicit narcotics, bribery and corruption, and 
                electoral fraud.

SEC. 8. NONAPPLICABILITY OF CERTAIN PROCEDURES TO CERTAIN MAJOR DRUG-
                    TRANSIT COUNTRIES.

    Section 481(h) of the Foreign Assistance Act of 1961 shall 
not apply with respect to a major drug-transit country for 
fiscal year 1990 or fiscal year 1991\7\ if the President 
certifies to the Congress, during that fiscal year, that--
---------------------------------------------------------------------------
    \7\Section 9 of the International Narcotics Control Act of 1990 
(Public Law 101-623; 104 Stat. 3355) inserted ``or fiscal year 1991''.
---------------------------------------------------------------------------
          (1) subparagraph (C) of section 481(i)(5) of that 
        Act, relating to money laundering, does not apply to 
        that country;
          (2) the country previously was a major illicit drug 
        producing country but, during each of the preceding two 
        years, has effectively eliminated illicit drug 
        production; and
          (3) the country is cooperating fully with the United 
        States or has taken adequate steps on its own--
                  (A) in satisfying the goals agreed to in an 
                applicable bilateral narcotics agreement with 
                the United States (as described in section 
                481(h)(2)(B) of that Act) or a multilateral 
                agreement which achieves the objectives of that 
                section;
                  (B) in preventing narcotic and psychotropic 
                drugs and other controlled substances 
                transported through such country from being 
                sold illegally within the jurisdiction of such 
                country to United States Government personnel 
                or their dependents or from being transported, 
                directly or indirectly, into the United States; 
                and
                  (C) in preventing and punishing bribery and 
                other forms of public corruption which 
                facilitate the production, processing, or 
                shipment of narcotic and psychotropic drugs and 
                other controlled substances, or which 
                discourage the investigation and prosecution of 
                such acts.

SEC. 9. COORDINATION OF UNITED STATES TRADE POLICY AND NARCOTICS 
                    CONTROL OBJECTIVES.

    (a) Need for Coordination.--It is the sense of the Congress 
that United States trade policy should be coordinated with 
United States narcotics control objectives, particularly with 
respect to issues such as the International Coffee Agreement.
    (b) Presidential Review.--The Congress commends the 
President for reviewing whether the International Coffee 
Agreement negotiations should be resumed and whether the trade 
benefits provided in the Caribbean Basin Economic Recovery Act 
(19 U.S.C. 2701 and following) should be extended to the major 
coca producing countries of Latin America.

SEC. 10.\8\ DEBT-FOR-DRUGS EXCHANGES.

    (a) Authority.--The President may release Bolivia, 
Colombia, or Peru from its obligation to make payments to the 
United States Government of principal and interest on account 
of a loan made to that country under the Foreign Assistance Act 
of 1961 (22 U.S.C. 2151 and following; relating to foreign 
assistance programs) or credits extended for that country under 
section 23 of the Arms Export Control Act (22 U.S.C. 2763; 
relating to foreign military sales credits) if the President 
determines that that country is implementing programs to reduce 
the flow of cocaine to the United State in accordance with a 
formal bilateral or multilateral agreement, to which the United 
States is a party, that contains specific, quantitative and 
qualitative, performance criteria with respect to those 
programs.
---------------------------------------------------------------------------
    \8\22 U.S.C. 2291 note.
---------------------------------------------------------------------------
    (b) Congressional Review of Agreements.--The President 
shall submit any such agreement with Bolivia, Colombia, or Peru 
to the Committee on Foreign Affairs\9\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate at least 15 days before exercising the authority of 
section (a) with respect to that country.
---------------------------------------------------------------------------
    \9\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.
---------------------------------------------------------------------------
    (c) Coordination with Multilateral Debt Relief 
Activities.--The authority provided in subsection (a) shall be 
exercised in coordination with multilateral debt relief 
activities.
    (d) Effective Date.--Subsection (a) takes effect on October 
1, 1990.

SEC. 11. MULTILATERAL ANTINARCOTICS STRIKE FORCE.

    (a) Findings.--The Congress finds that--
          (1) the Congress has, in the past, indicated its 
        support for a multilateral, regional approach to 
        narcotics control efforts;
          (2) a proposal to create a multilateral, 
        international antinarcotics force for the Western 
        Hemisphere, is a plan worthy of praise and strong 
        United States support;
          (3) the development of a greater capability to assist 
        the governments of Latin America and the Caribbean, 
        including the Caribbean Basin nations, is an essential 
        component of efforts to interdict the flow of narcotics 
        to the United States; and
          (4) regional leadership in the promotion of a 
        multilateral, paramilitary force to combat the drug 
        cartels is welcomed and encouraged.
    (b) Sense of Congress.--It is therefore the sense of the 
Congress that--
          (1) the proposal for the promotion of a regional 
        multilateral antinarcotics force for the Western 
        Hemisphere should be endorsed; and
          (2) the United States should work through the United 
        Nations, the Organization of American States, and other 
        multilateral organizations to determine the feasibility 
        of such a force and should assist in the establishment 
        of this force if it is found to be feasible.

SEC. 12. WEAPONS TRANSFERS TO INTERNATIONAL NARCOTICS TRAFFICKERS.

    Halting Weapons Transfers to Narcotics Traffickers.--The 
Congress urges the President to seek agreement by the relevant 
foreign countries, especially the member countries of the North 
Atlantic Treaty Organization and the member countries of the 
Warsaw Pact, to join with the United State in taking the 
necessary steps to halt transfers of weapons to narcotics 
traffickers in Latin America.
    (b) Coordination of United States Efforts to Track Illegal 
Arms Transfers.--The Congress urges the President to improve 
the coordination of United States Government efforts --
          (1) to track the flow of weapons illegally from the 
        United States and other countries to international 
        narcotics traffickers, and
          (2) to prevent such illegal shipments from the United 
        States.
    (c) INTERPOL.--The Congress calls upon the President to 
direct the United States representative to INTERPOL to urge 
that organization to study the feasibility of creating an 
international database on the flow of those types of weapons 
that are being acquired illegally by international narcotics 
traffickers.
    (d) Report to Congress.--Not later than 6 months after the 
date of enactment of this Act, the President shall report to 
the Congress on the steps taken in accordance with this 
section.

SEC. 13. REWARDS FOR INFORMATION CONCERNING ACTS OF INTERNATIONAL 
                    TERRORISM.

    (a) Amendment.--Subject to subsection (b), section 36(c) of 
the State Department Basic Authorities Act of 1956 (22 U.S.C. 
2708(c)) is amended by striking out ``$500,000'' and inserting 
in lieu thereof ``$2,000,000''.
    (b) Avoiding Duplicative Amendments.--If the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991, is 
enacted before this Act, and that Act makes the same amendment 
as is described in subsection (a), then subsection (a) shall 
not take effect, If, however, this Act is enacted before the 
Foreign Relations Authorization Act, Fiscal Years 1990 and 
1991, and that Act would make the same amendment as is made by 
subsection (a), then that amendment as proposed to be made by 
that Act shall not take effect.\10\
---------------------------------------------------------------------------
    \10\The Foreign Relations Authorization Act, Fiscal Years 1990 and 
1991 (Public Law 101-246; 104 Stat. 15), was enacted on February 16, 
1990. See sec. 1001 in Legislation on Foreign Relations Through 1997, 
vol. II, sec. D.
---------------------------------------------------------------------------

SEC. 14. WAIVER OF BUMPERS AMENDMENT.

    (a) Assistance for Crop Substitution Activities.--During 
fiscal year 1990, the provisions described in subsection (b) do 
not apply with respect to assistance for crop substitution 
activities undertaken in furtherance of narcotics control 
objectives.
    (b) Bumpers Amendment.--The provisions made inapplicable by 
subsection (a) are any provisions of the annual Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act that prohibit the use of funds made 
available to carry out part I of the Foreign Assistance Act of 
1961 for activities 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.

SEC. 15.\11\ PARTICIPATION IN FOREIGN POLICE ACTIONS. * * *

SEC. 16.\12\ AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL 
                    NARCOTICS CONTROL ASSISTANCE. * * *

SEC. 17.\13\ REVISIONS OF CERTAIN NARCOTICS-RELATED PROVISIONS OF THE 
                    FOREIGN ASSISTANCE ACT. * * *

      
---------------------------------------------------------------------------
    \11\Sec. 15 amended sec. 481(c) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2291(c)).
    \12\Sec. 16 amended sec. 482(a)(1) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2292(a)(1)).
    \13\Sec. 17 extensively amended sec. 481 of the Foreign Assistance 
Act of 1961. Section 17(h) made conforming amendments to secs. 802 and 
805 of the Narcotics Control Trade Act. For text, see Legislation on 
Foreign Relations Through 1997, vol. III, sec. J (title VIII of the 
Trade Act of 1974).
            (5) International Narcotics Control Act of 1988

   Title IV of Public Law 100-690 [Anti-Drug Abuse Act of 1988, H.R. 
 5210], 102 Stat. 4181 at 4261, approved November 18, 1988; amended by 
 Public Law 102-583 [International Narcotics Control Act of 1992; H.R. 
  6187], 106 Stat. 4914, approved November 2, 1992; and by Public Law 
103-447 [International Narcotics Control Corrections Act of 1994; H.R. 
            5246], 108 Stat. 4691, approved November 2, 1994

_______________________________________________________________________


          Note.-- Sec. 6(e)(1) of the International Narcotics 
        Control Act of 1992 (Public Law 102-583; 106 Stat. 
        4933) provided the following:
          ``(e) Repeal of Obsolete Provisions.--
          ``(1) 1988 drug act.--All sections of the 
        International Narcotics Control Act of 1988 (which is 
        title IV of the Anti-Drug Abuse Act of 1988) are 
        repealed except for sections 4001, 4306, 4308, 4309, 
        4501, 4702, and 4804. Section 4501(b) of that Act is 
        amended by striking out `Section 4601 of this title' 
        and inserting in lieu thereof `Section 489(b) of the 
        Foreign Assistance Act of 1961'.''.
          Subsequently, Sec. 103(b) of the International 
        Narcotics Control Corrections Act of 1994 (Public Law 
        103-447) repealed the remaining sections except for the 
        title heading and sec. 4702, subsections (a) through 
        (f).

_______________________________________________________________________


 AN ACT To prevent the manufacturing, distribution, and use of illegal 
                     drugs, 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 ``Anti-Drug Abuse Act of 
1988''.
---------------------------------------------------------------------------
    \1\21 U.S.C. 1501 note.
---------------------------------------------------------------------------
          * * * * * * *

               TITLE IV--INTERNATIONAL NARCOTICS CONTROL

SEC. 4702.\2\ RESTRICTIONS ON LAUNDERING OF UNITED STATES CURRENCY.

    (a) Findings.--The Congress finds that international 
currency transactions, especially in United States currency, 
that involve the proceeds of narcotics trafficking fuel trade 
in narcotics in the United States and worldwide and 
consequently are a threat to the national security of the 
United States.
---------------------------------------------------------------------------
    \2\31 U.S.C. 5311 note.
---------------------------------------------------------------------------
    (b) Purpose.--The purpose of this section is to provide for 
international negotiations that would expand access to 
information on transactions involving large amounts of United 
States currency wherever those transactions occur worldwide.
    (c) Negotiations.--(1) The Secretary of the Treasury 
(hereinafter in this section referred to as the ``Secretary'') 
shall enter into negotiations with the appropriate financial 
supervisory agencies and other officials of any foreign country 
the financial institutions of which do business in United 
States currency. Highest priority shall be attached to 
countries whose financial institutions the Secretary 
determines, in consultation with the Attorney General and the 
Director of National Drug Control Policy, may be engaging in 
currency transactions involving the proceeds of international 
narcotics trafficking, particularly United States currency 
derived from drug sales in the United States.
    (2) The purposes of negotiations under this subsection 
are--
          (A) to reach one or more international agreements to 
        ensure that foreign banks and other financial 
        institutions maintain adequate records of large United 
        States currency transactions, and
          (B) to establish a mechanism whereby such records may 
        be made available to United States law enforcement 
        officials.
In carrying out such negotiations, the Secretary should seek to 
enter into and further cooperative efforts, voluntary 
information exchanges, the use of letters rogatory, and mutual 
legal assistance treaties.
    (d) Reports.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit an interim 
report to the Committee on Banking, Finance and Urban 
Affairs\3\ of the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate on progress 
in the negotiations under subsection (c). Not later than 2 
years after such enactment, the Secretary shall submit a final 
report to such Committees and the President on the outcome of 
those negotiations and shall identify, in consultation with the 
Attorney General and the Director of National Drug Control 
Policy, countries--
---------------------------------------------------------------------------
    \3\Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Banking, Finance and Urban Affairs of 
the House of Representatives shall be treated as referring to the 
Committee on Banking and Financial Services of the House of 
Representatives.
---------------------------------------------------------------------------
          (1) with respect to which the Secretary determines 
        there is evidence that the financial institutions in 
        such countries are engaging in currency transactions 
        involving the proceeds of international narcotics 
        trafficking; and
          (2) which have not reached agreement with United 
        States authorities on a mechanism for exchanging 
        adequate records on international currency transactions 
        in connection with narcotics investigations and 
        proceedings.
    (e) Authority.--If after receiving the advice of the 
Secretary and in any case at the time of receipt of the 
Secretary's report, the Secretary determines that a foreign 
country--
          (1) has jurisdiction over financial institutions that 
        are substantially engaging in currency transactions 
        that effect the United States involving the proceeds of 
        international narcotics trafficking;
          (2) such country has not reached agreement on a 
        mechanism for exchanging adequate records on 
        international currency transactions in connection with 
        narcotics investigations and proceedings; and
          (3) such country is not negotiating in good faith to 
        reach such an agreement,
the President shall impose appropriate penalties and sanctions, 
including temporarily or permanently--
          (1) prohibiting such persons, institutions or other 
        entities in such countries from participating in any 
        United States dollar clearing or wire transfer system; 
        and
          (2) prohibiting such persons, institutions or 
        entities in such countries from maintaining an account 
        with any bank or other financial institution chartered 
        under the laws of the United States or any State.
Any penalties or sanctions so imposed may be delayed or waived 
upon certification of the President to the Congress that it is 
in the national interest to do so. Financial institutions in 
such countries that maintain adequate records shall be exempt 
from such penalties and sanctions.
    (f) Definitions.--For the purposes of this section--
          (1) The term ``United States currency'' means Federal 
        Reserve Notes and United States coins.
          (2) The term ``adequate records'' means records of 
        United States' currency transactions in excess of 
        $10,000 including the identification of the person 
        initiating the transaction, the person's business or 
        occupation, and the account or accounts affected by the 
        transaction, or other records of comparable effect.
    (g)\4\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \4\Sec. 103(b) of Public Law 103-447 (108 Stat. 4693) repealed 
subsec. (g), which had previously read as follows:
    ``(g) Sunset.--The authority given the President in subsection (e) 
shall expire on June 30, 1994.''.
            (6) International Narcotics Control Act of 1986

Title II of Public Law 99-570 [Anti-Drug Abuse Act of 1986, H.R. 5484], 
  100 Stat. 3207-60, approved October 27, 1986; amended by Public Law 
 100-690 [International Narcotics Control Act of 1988, H.R. 5210], 102 
      Stat. 4181, approved November 18, 1988; Public Law 102-583 
  [International Narcotics Control Act of 1992; H.R. 6187], 106 Stat. 
      4914, approved November 2, 1992; and by Public Law 103-447 
 [International Narcotics Control Corrections Act of 1994; H.R. 5246], 
               108 Stat. 4691, approved November 2, 1994

_______________________________________________________________________


          Note.-- Sec. 6(e)(2) of the International Narcotics 
        Control Act of 1992 (Public Law 102-583; 106 Stat. 
        4933) provided the following:
          ``(e) Repeal of Obsolete Provisions.-- * * *
          ``(2) 1986 drug act.--All sections of the 
        International Narcotics Control Act of 1986 (which is 
        title II of the Anti-Drug Abuse Act of 1986) are 
        repealed except for sections 2001, 2010, 2015, 2018, 
        and 2029.''.
          Subsequently, Sec. 103(c) of the International 
        Narcotics Control Corrections Act of 1994 (Public Law 
        103-447) repealed the remaining sections except for the 
        title heading and sec. 2018.

_______________________________________________________________________


 AN ACT To strengthen Federal efforts to encourage foreign cooperation 
  in eradicating illicit drug crops and in halting international drug 
   traffic, to improve enforcement of Federal drug laws and enhance 
   interdiction of illicit drug shipments, to provide strong Federal 
    leadership in establishing effective drug abuse prevention and 
education programs, to expand Federal support for drug abuse treatment 
           and rehabilitation efforts, and for other purposes

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

SEC. 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Anti-Drug Abuse Act of 
1986''.
---------------------------------------------------------------------------
    \1\21 U.S.C. 801 note.
---------------------------------------------------------------------------
          * * * * * * *

               TITLE II--INTERNATIONAL NARCOTICS CONTROL

SEC. 2018.\2\ MULTILATERAL DEVELOPMENT BANK ASSISTANCE FOR DRUG 
                    ERADICATION AND CROP SUBSTITUTION PROGRAMS.

    (a) MDB Assistance for Development and Implementation of 
Drug Eradication Program.--The Secretary of the Treasury shall 
instruct the United States Executive Directors of the 
multilateral development banks to initiate discussions with 
other Directors of their respective banks and to propose that 
all possible assistance be provided to each major illicit drug 
producing country for the development and implementation of a 
drug eradication program, including technical assistance, 
assistance in conducting feasibility studies and economic 
analyses, and assistance for alternate economic activities.
---------------------------------------------------------------------------
    \2\22 U.S.C. 2291 note.
---------------------------------------------------------------------------
    (b) Increases in Multilateral Development Bank Lending for 
Crop Substitution Projects.--The Secretary of the Treasury 
shall instruct the United States Executive Directors of the 
multilateral development banks to initiate discussions with 
other Directors of their respective banks and to propose that 
each such bank increase the amount of lending by such bank for 
crop substitution programs which will provide an economic 
alternative for the cultivation or production of illicit 
narcotic drugs or other controlled substances in major illicit 
drug producing countries, to the extent such countries develop 
and maintain adequate drug eradication programs.
    (c) National Advisory Council Report.--The Secretary of the 
Treasury shall include in the annual report to the Congress by 
the National Advisory Council on International Monetary and 
Financial Policies a detailed accounting of the manner in which 
and the extent to which the provisions of this section have 
been carried out.\3\
---------------------------------------------------------------------------
    \3\Sec. 407(b) and (c) of the International Development and Finance 
Act of 1989 (Public Law 101-240; 103 Stat. 2504) required the Secretary 
of the Treasury to include in this report a discussion of any 
multilateral development bank evaluation of those countries determined 
to be ``major producers, processors, traffickers, or exporters of 
illegal drugs to the United States'' applying for loans to reduce their 
debt and debt burden.
---------------------------------------------------------------------------
    (d) Definitions.--For purposes of this section--
          (1) Multilateral development bank.--The term 
        ``multilateral development bank'' means the 
        International Bank for Reconstruction and Development, 
        the International Development Association, the Inter-
        American Development Bank, the African Development 
        Bank, and the Asian Development Bank.
          (2) Major illicit drug producing country.--The term 
        ``major illicit drug producing country'' has the 
        meaning provided in section 481(i)(2) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 229(i)(2)).
          (3) Narcotic drug and controlled substance.--The 
        terms ``narcotic drug'' and ``controlled substance'' 
        have the meanings given to such terms in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802).
 (7) Export-Import Bank Act of 1945, as amended--Provisions Governing 
           Foreign Assistance Act Funds In Counter-Narcotics

 Partial text of Public Law 79-173 [H.R. 3771], 59 Stat. 526, approved 
                       July 31, 1945, as amended

 AN ACT To provide for increasing the lending authority of the Export-
       Import Bank of the United States, 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 ``Export-Import Bank Act of 1945.''
    Sec. 2.\1\ (a)(1) There is hereby created a corporation 
with the name Export-Import Bank of the United States which 
shall be an agency of the United States of America. * * *
---------------------------------------------------------------------------
    \1\12 U.S.C. 635. For full text of this Act, see Legislation on 
Foreign Relations Through 1997, vol. III.
---------------------------------------------------------------------------
    (b) * * *
    (6)(A) The Bank shall not guarantee, insure, or extend 
credit, or participate in an extension of credit in connection 
with any credit sale of defense articles and defense services 
to any country.
    (B) Subparagraph (A) shall not apply to any sale of defense 
articles or services if--
          (i) the Bank is requested to provide a guarantee or 
        insurance for the sale;
          (ii) the President determines that the defense 
        articles or services are being sold primarily for anti-
        narcotics purposes;
          (iii) section 490(e) of the Foreign Assistance Act of 
        1961 does not apply with respect to the purchasing 
        country; and
          (iv) the President determines, in accordance with 
        subparagraph (C), that the sale is in the national 
        interest of the United States; and
          (v) the Bank determines that, notwithstanding the 
        provision of a guarantee or insurance for the sale, not 
        more than 5 percent of the guarantee and insurance 
        authority available to the Bank in any fiscal year will 
        be used by the Bank to support the sale of defense 
        articles or services.
    (C) In determining whether a sale of defense articles or 
services would be in the national interest of the United 
States, the President shall take into account whether the sale 
would--
          (i) be consistent with the anti-narcotics policy of 
        the United States;
          (ii) involve the end use of a defense article or 
        service in a major illicit drug producing or major 
        drug-transit country (as defined in section 481(e) of 
        the Foreign Assistance Act of 1961); and
          (iii) be made to a country with a democratic form of 
        government.
          * * * * * * *
                   (8) National Drug Control Program

Executive Order 12880, November 16, 1993, 58 F.R. 60989, 21 U.S.C. 1502 
  note; amended by Executive Order 13008, June 3, 1996, 61 F.R. 28721

    The Office of National Drug Control Policy has the lead 
responsibility within the Executive Office of the President to 
establish policies, priorities, and objectives for the Nation's 
drug control program, with the goal of reducing the production, 
availability, and use of illegal drugs. All lawful and 
reasonable means must be used to ensure that the United States 
has a comprehensive and effective National Drug Control 
Strategy. Therefore, by the authority bested in me as President 
by the Constitution and the laws of the United States of 
America, including the National Narcotics Leadership Act of 
1988, as amended (21 U.S.C. 1501 et seq.), and in order to 
provide for the effective management of the drug abuse policies 
of the United States, it is hereby ordered as follows:
    Sec. 1. General Provisions. (a) Because the United States 
considers the operations of international criminal narcotics 
syndicates as a national security threat requiring an 
extraordinary and coordinated response by civilian and military 
agencies involved in national security, the Director of the 
Office of National Drug Control Policy (Director), in his role 
as the principal adviser to the National Security Council on 
national drug control policy (50 U.S.C. 402(f)), shall provide 
drug policy guidance and direction in the development of 
related national security programs.
    (b) The Director shall provide oversight and direction for 
all international counternarcotics policy development and 
implementation, in coordination with other concerned Cabinet 
members, as appropriate.
    (c) An Interagency Working Group (IWG) on international 
counternarcotics policy, chaired by the Office of National Drug 
Control Policy,\1\ shall develop and ensure coordinated 
implementation of an international counternarcotics policy. The 
IWG shall report its activities and differences of views among 
agencies to the Director for review, mediation, and resolution 
with concerned Cabinet members, and if necessary, by the 
President.
---------------------------------------------------------------------------
    \1\Executive Order 13008 (June 3, 1996; 61 F.R. 28721) struck out 
``Department of State'' and inserted in lieu thereof ``Office of 
National Drug Control Policy''.
---------------------------------------------------------------------------
    (d) A coordinator for drug interdiction shall be designated 
by the Director to ensure that assets dedicated by Federal drug 
program agencies for interdiction are sufficient and that their 
use is properly integrated and optimized. The coordinator shall 
ensure that interdiction efforts and priorities are consistent 
with overall U.S. international counternarcotics policy.
    (e) The Director shall examine the number and structure of 
command/control and drug intelligence centers operated by drug 
control program agencies involved in international counter-
narcotics and suggest improvements to the current structure for 
consideration by the President and concerned members of the 
Cabinet.
    (f) The Director, utilizing the services of the Drugs and 
Crime Data Center and Department of Justice Clearinghouse, 
shall assist in coordinating and enhancing the dissemination of 
statistics and studies relating to anti-drug abuse policy.
    (g) the Director shall provide advice to agencies regarding 
ways to achieve efficiencies in spending and improvements to 
interagency cooperation that could enhance the delivery of drug 
control treatment and prevention services to the public. The 
Director may request agencies to provide studies, information, 
and analyses in support of this order.
    Sec. 2. Goals, Direction, Duties and Responsibilities with 
Respect to the National Drug Control Program. (a) Budget 
Matters. (1) In addition to the budgetary authorities and 
responsibilities provided to the Director by statute, 21 U.S.C. 
1502, for those agency budget requests that are not certified 
as adequate to implement the objectives of the National Drug 
Control Strategy, the Director shall include in such 
certifications initiatives or funding levels that would make 
such requests adequate.
    (2) The Director shall provide, by July 1 of each year, 
budget recommendations to the heads of departments and agencies 
with responsibilities under the National Drug Control Program. 
The recommendations shall apply to the second following fiscal 
year and address funding priorities developed in the annual 
National Drug Control Strategy.
    (b) Measurement of National Drug Control Strategy Outcomes. 
(1) The National Drug Control Strategy shall include long-range 
goals for reducing drug use and the consequences of drug use in 
the United States, including burdens on hospital emergency 
rooms, drug use among arrestees, the extent of drug-related 
crime, high school dropout rates, the number of infants exposed 
annually to illicit drugs in utero, national drug abuse 
treatment capacity, and the annual national health care costs 
of drug use.
    (2) The National Drug Control Strategy shall also include 
an assessment of the quality of techniques and instruments to 
measure current drug use and supply and demand reduction 
activities, and the adequacy of the coverage of existing 
national drug use instruments and techniques to measure the 
total illicit drug user population and groups at-risk for drug 
use.
    (3) The Director shall coordinate an effort among the 
relevant drug control program agencies to assess the quality, 
access, management, effectiveness, and standards of 
accountability of drug abuse treatment, prevention, education, 
and other demand reduction activities.
    (c) Provision of Reports. To the extent permitted by law, 
heads of departments and agencies with responsibilities under 
the National Drug Control Program shall make available to the 
Office of National Drug Control Policy, appropriate statistics, 
studies, and reports, pertaining to Federal drug abuse control.
                 (9) President's Drug Policy Council\1\

 Executive Order 12992, March 15, 1996, 61 F.R. 11287, 21 U.S.C. 1502 
note; amended by Executive Order 13023, November 6, 1996, 61 F.R. 57767

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including section 301 of title 3, United States Code, it is 
hereby ordered as follows:
    Section 1. Establishment. There is established the 
President's Drug Policy Council (``Council'').\1\
---------------------------------------------------------------------------
    \1\Executive Order 13023 (November 6, 1996; 61 F.R. 57767) renamed 
the council from "President's Council on Counter-Narcotics''.
---------------------------------------------------------------------------
    Sec. 2.\2\ Membership. The Council shall comprise the:
---------------------------------------------------------------------------
    \2\Sec. 3 of Executive Order 13023 (November 6, 1996; 61 F.R. 
57767) amended and restated sec. 2.
---------------------------------------------------------------------------
          (a) President, who shall serve as Chairman of the 
        Council;
          (b) Vice-President;
          (c) Secretary of State;
          (d) Secretary of the Treasury;
          (e) Secretary of Defense;
          (f) Attorney General;
          (g) Secretary of the Interior;
          (h) Secretary of Agriculture;
          (i) Secretary of Health and Human Services;
          (j) Secretary of Housing and Urban Development;
          (k) Secretary of Transportation;
          (l) Secretary of Education;
          (m) Secretary of Veterans Affairs;
          (n) Representative of the United States of America to 
        the United Nations;
          (o) Director of the Office of Management and Budget;
          (p) Chief of Staff to the President;
          (q) Director of National Drug Control Policy;
          (r) Director of Central Intelligence;
          (s) Assistant to the President for National Security 
        Affairs;
          (t) Counsel to the President;
          (u) Chairman, Joint Chiefs of Staff;
          (v) National Security Advisor to the Vice President; 
        and
          (w) Assistant to the President for Domestic Policy.
    As applicable, the Council shall also comprise such other 
officials of the departments and agencies as the President may, 
from time to time, designate.
    Sec. 3. Meetings of the Council. The President, or upon his 
direction, the Vice President, may convene meetings of the 
Council. The President shall preside over meetings of the 
Council, provided that in his absence, the Vice President will 
preside. The Council will meet at least quarterly.
    Sec. 4. Functions. (a) The functions of the Council are to 
advise and assist the President in: (1) providing direction and 
oversight for the national drug control strategy, including 
relating drug control policy to other national security 
interests and establishing priorities; and (2) ensuring 
coordination among departments and agencies concerning 
implementation of the President's national drug control 
strategy.
    (b) The Director of National Drug Control Policy will 
continue to be the senior drug control policy official in the 
executive branch and the President's chief drug control policy 
spokesman.
    (c) In matters affecting national security interests, the 
Director of National Drug Control Policy shall work in 
conjunction with the Assistant to the President for National 
Security Affairs.
    Sec. 5. Administration. (a) The Council may utilize 
established or ad hoc committees, task forces, or interagency 
groups chaired by the Director of National Drug Control Policy 
or his representative, in carrying out its functions under this 
order.
    (b) The staff of the Office of National Drug Control 
Policy, in coordination with the staffs of the Vice President 
and the Assistant to the President for National Security 
Affairs, shall act as staff for the Council.
    (c) All executive departments and agencies shall cooperate 
with the Council and provide such assistance, information, and 
advice as the Council may request, to the extent permitted by 
law.
           h. Security Assistance and Arms Sales Legislation

                   (1) Proposed Arms Sales to Jordan

Public Law 99-162 [S.J. Res. 228], 99 Stat. 937, approved November 25, 
                                  1985

   JOINT RESOLUTION Relating to the proposed sales of arms to Jordan.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That prior to 
March 1, 1986, no letter of offer shall be valid with respect 
to any of the proposed sales to Jordan of advanced weapons 
systems, including advanced aircraft and advanced air defense 
systems, that are described in the notification pursuant to 
section 36(b) of the Arms Export Control Act submitted to the 
Congress on October 21, 1985, unless direct and meaningful 
peace negotiations between Israel and Jordan are underway.
                 (2) Conditions on Arms Sales to Turkey

  Partial Text of Public Law 94-104 [S. 2230], 89 Stat. 508, approved 
                            October 6, 1975

  AN ACT To authorize appropriations for the Board for International 
 Broadcasting for fiscal year 1976; and to promote improved relations 
    between the United States, Greece, and Turkey, to assist in the 
solution of the refugee problem on Cyprus, and to otherwise strengthen 
                      the North Atlantic Alliance.

          * * * * * * *
    Sec. 2. (a)(1) The Congress reaffirms the policy of the 
United States to seek to improve and harmonize relations among 
the allies of the United States and between the United States 
and its allies, in the interest of mutual defense and national 
security. In particular, the Congress recognizes the special 
contribution to the North Atlantic Alliance of Greece and 
Turkey by virtue of their geographic position on the 
southeastern flank of Europe and is prepared to assist in the 
modernization and strengthening of their respective armed 
forces.
    (2) The Congress further reaffirms the policy of the United 
States to alleviate the suffering of refugees and other victims 
of armed conflict and to foster and promote international 
efforts to ameliorate the conditions which prevent such persons 
from resuming normal and productive lives. The Congress, 
therefore, calls upon the President to encourage and to 
cooperate in the implementation of multilateral programs, under 
the auspices of the Secretary General of the United Nations, 
the United Nations High Commissioner for Refugees, or other 
appropriate international agencies, for the relief of and 
assistance to refugees and other persons disadvantaged by the 
hostilities on Cyprus pending a final settlement of the Cyprus 
refugee situation in the spirit of Security Council Resolution 
361.
    (b)(1) In order that the purposes of this Act may be 
carried out without awaiting the enactment of foreign 
assistance legislation for fiscal year 1976 programs--
          (A) the President is authorized, notwithstanding 
        section 620 of the Foreign Assistance Act of 1961, to 
        furnish to the Government of Turkey those defense 
        articles and defense services with respect to which 
        contracts of sale were signed under section 21 or 
        section 22 of the Foreign Military Sales Act on or 
        before February 5, 1975, and to issue licenses for the 
        transportation to the Government of Turkey of arms, 
        ammunition, and implements of war (including technical 
        data relating thereto): Provided, That such 
        authorization shall be effective only while Turkey 
        shall observe the cease-fire and shall neither increase 
        its forces on Cyprus nor transfer to Cyprus any United 
        States supplied implements of war: Provided further, 
        That the authorities contained in this section shall 
        not become effective unless and until the President 
        determines and certifies to the Congress that the 
        furnishing of defense articles and defense services, 
        and the issuance of licenses for the transportation of 
        implements of war, arms and ammunition under this 
        section are important to the national security 
        interests of the United States;
          (B) the President is requested to initiate 
        discussions with the Government of Greece to determine 
        the most urgent needs of Greece for economic and 
        military assistance; and
          (C) the President is requested to initiate 
        discussions with the Government of Turkey concerning 
        effective means of preventing the diversion of opium 
        poppy into illicit channels.
    (2) The President is directed to submit to the Speaker of 
the House of Representatives and to the Foreign Relations and 
Appropriations Committee of the Senate within sixty days after 
the enactment of this Act a report on discussions conducted 
under subsections (b)(1) (B) and (C), together with his 
recommendations for economic and military assistance to Greece 
for the fiscal year 1976.
    (c)(1)\1\ * * *
---------------------------------------------------------------------------
    \1\Subsecs. (1) and (2) amended sec. 620(x) of the Foreign 
Assistance Act of 1961.
---------------------------------------------------------------------------
    (2)\1\ * * *
    (3) Nothing in this section shall be construed as 
authorizing (A) military assistance to Turkey under chapter 2 
of part II of the Foreign Assistance Act of 1961, or (B) sales, 
credits, or guaranties to or on behalf of Turkey under the 
Foreign Military Sales Act for the procurement of defense 
articles or defense services not determined by the President to 
be needed for the fulfillment of Turkey's North Atlantic Treaty 
Organization responsibilities.
    (4) Pursuant to the provisions of this section, in the case 
of any letter of offer to sell any defense article or defense 
service pursuant to the Foreign Military Sales Act for 
$25,000,000 or more, 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 
containing (A) a brief description of the defense article or 
defense service to be offered, (B) the dollar amount of the 
proposed sale, (C) the United States Armed Force which is 
making the sale, and (D) the date on which any letter of offer 
to sell is to be issued. 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.
    (5) This subsection shall become effective only upon 
enactment of foreign assistance legislation authorizing sales, 
credits, and guaranties under the Foreign Military Sales Act 
for fiscal year 1976.\2\
---------------------------------------------------------------------------
    \2\Such authorization became effective upon enactment of the 
International Security Assistance and Arms Export Control Act of 1976 
(Public Law 94-329; 90 Stat. 729), approved June 30, 1976.
             (3) Emergency Security Assistance Act of 1973

  Public Law 93-199 [H.R. 11088], 87 Stat. 836, approved December 26, 
     1973, as amended by Public Law 95-384 [International Security 
    Assistance Act of 1978, S. 3075], 92 Stat. 730 at 747, approved 
                           September 26, 1978

 AN ACT To provide emergency assistance authorizations for Israel and 
                               Cambodia.

    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 ``Emergency Security Assistance Act of 
1973''.
    Sec. 2.\1\ In addition to such amounts as may be otherwise 
authorized to be appropriated to the President for security 
assistance for the fiscal year 1974, there are hereby 
authorized to be appropriated to the President not to exceed 
$2,200,000,000 for emergency military assistance or foreign 
military sales credits, or for both as the President may 
determine, for Israel, of which sum amounts in excess of 
$1,500,000,000 may be used pursuant to this section or section 
4 of this Act only if the President (1) determines it to be 
important to our national interest that Israel receive 
assistance hereunder exceeding $1,500,000,000, and (2) reports 
to Congress each such determination (if more than one) at least 
twenty days prior to date on which funds are obligated or 
expended under this Act in excess of such $1,500,000,000 
limitation. The twenty- day requirement contained in the 
preceding sentence shall not apply if hostilities are renewed 
in the Middle East. The President shall include in his report 
the amount of funds to be used pursuant to the determination, 
the terms of the additional assistance under section 2 or 
section 4, and the justification for the determination. All 
information contained in the justification shall be public 
information except to the extent that the President concludes 
that publication would be incompatible with the security 
interests of the United States.
---------------------------------------------------------------------------
    \1\FA Appropriation Act, 1974: ``$2,200,000,000: Provided, That the 
funds appropriated in this paragraph shall be available only upon 
enactment into law of authorizing legislation: Provided further, That 
any part of any funds appropriated in this paragraph used to furnish 
military assistance shall be accounted for in accordance with section 
108 of the Mutual Security Appropriation Act, 1956 (69 Stat. 438), as 
amended: Provided further, That of the funds appropriated under this 
paragraph, not more than $1,500,000,000 may be available for grant 
military assistance: Provided further, That none of the funds 
appropriated in this paragraph in excess of $1,700,000,000 shall be 
obligated unless the President determines such obligations will be in 
the national interest and provides Congress with detailed 
justifications and notification ten days prior to any such obligation 
of funds.''
    The FA Appropriation Act, 1974 required 10 days notification prior 
to any such obligation of funds.
---------------------------------------------------------------------------
    Sec. 3. Military assistance furnished out of funds 
appropriated under section 2 of this Act shall be furnished in 
accordance with all of the provisions applicable to military 
assistance under the Foreign Assistance Act of 1961 (75 Stat. 
424; Public Law 87-195), as amended. Foreign military sales 
credits extended to Israel out of such funds shall be provided 
on such terms and conditions as the President may determine and 
without regard to the provisions of the Foreign Military Sales 
Act (82 Stat. 1320; Public Law 90-629), as amended.
    Sec. 4. At any time prior to June 30, 1974, the President 
is hereby authorized, within the limits of funds appropriated 
under section 2 of this Act for Israel, to release Israel from 
its contractual liability to pay for defense articles and 
defense services purchased or financed under the said Foreign 
Military Sales Act or under this Act during the period 
beginning October 6, 1973, and ending June 30, 1974, and such 
funds shall be used to reimburse current applicable 
appropriations, funds, and accounts of the Department of 
Defense for the value of such defense articles and defense 
services.
    Sec. 5.\2\ * * * [Repealed--1978]
---------------------------------------------------------------------------
    \2\Sec. 5, which required the Secretary of Defense to submit a 
report to the Congress on the effectiveness of the foreign military 
assistance program as it related to the Middle East conflict, was 
repealed by sec. 29(c)(3) of the International Security Assistance Act 
of 1978 (92 Stat. 747).
---------------------------------------------------------------------------
    Sec. 6. Of the funds appropriated pursuant to section 2, 
the President may use such sums as may be necessary from time 
to time for payment by the United States of its share of the 
expenses of the United Nations Emergency Force in the Middle 
East, as apportioned by the United Nations in accordance with 
article 17 of the United Nations Charter.
_______________________________________________________________________

          Note.--On March 1, 1974, the President signed the 
        following Memorandum (39 F.R. 10417; March 20, 1974):
      DELEGATION OF FUNCTIONS AND ALLOCATION OF FUNDS RELATED TO 
                EMERGENCY SECURITY ASSISTANCE FOR ISRAEL

    Memorandum for the Secretary of State, the Secretary of Defense

                                       The White House,    
                                     Washington, March 1, 1974.    

          You are hereby designated and empowered to exercise the 
        following functions vested in the President by Public Law 93-
        199, the emergency Security Assistance Act of 1973, without the 
        approval, ratification, or other action of the President.
          1. Functions delegated to the Secretary of State:
          (a) the function or reporting to the Congress any 
        determination made by the President under Section 2 of the Act;
          (b) the function conferred in Section 6 of the Act.
          2. Functions delegated to the Secretary of Defense:
          The function of providing military assistance or foreign 
        military sales credits as determined by the President.
          Pursuant to the authority contained in Public Law 93-240, the 
        Foreign Assistance and Related Programs Appropriation Act, 
        1974, I hereby allocate from the appropriation for ``Energy 
        Security Assistance for Israel'' to the Secretary of Defense, 
        $2,200,000,000.00. This allocation is subject to the 
        limitations imposed by the provisos in the provision 
        appropriating these funds and subject to apportionment of the 
        necessary funds by the Office of Management and Budget. I 
        direct the Secretary of Defense to allocate to the Secretary of 
        State such sums from the $2,200,000,000.00 as may be necessary 
        from time to time for payment by the United States of its share 
        of the expenses of the United Nations Emergency Force in the 
        Middle East, as apportioned by the United Nations in accordance 
        with article 17 of the United Nations Charter as authorized in 
        Section 6 of Public Law 93-199, the Emergency Security 
        Assistance Act of 1973.
          This memorandum shall be published in the Federal Register.

_______________________________________________________________________
              (4) Mutual Security Act of 1959, as amended

 Partial text of Public Law 86-108 [H.R. 7500], 73 Stat. 246, approved 
                             July 24, 1959

 AN ACT To amend further the Mutual Security Act of 1954, as amended, 
                        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 ``Mutual Security Act of 1959''.
          * * * * * * *
_______________________________________________________________________


          Note.--Except for Chapters V, VI, and Sections 702 
        and 703, the Mutual Security Act of 1959 consists of 
        amendments to the Mutual Security Act of 1954, as 
        amended, and to other laws.
          Note.--Section 501(b), which related to international 
        cooperation in health, was repealed by Sec. 602 of the 
        Mutual Security Act of 1960. Section 642 of the Foreign 
        Assistance Act of 1961 repealed Sec. 501(a), Chapter 
        VI, and Sections 702 and 703 of the Mutual Security Act 
        of 1959, as amended.

_______________________________________________________________________

          * * * * * * *

 Chapter V--International Cooperation in Health; Colombo Plan Council 
                       for Technical Cooperation

          * * * * * * *

             COLOMBO PLAN COUNCIL FOR TECHNICAL COOPERATION

    Sec. 502.\1\ To enable the United States to maintain 
membership in the Colombo Plan Council for Technical 
Cooperation, there is hereby authorized to be appropriated from 
time to time to the Department of State such sums as may be 
necessary for the payment by the United States of its share of 
the expenses of the Colombo Plan Council for Technical 
Cooperation.
---------------------------------------------------------------------------
    \1\22 U.S.C. 1896b.
              (5) Mutual Security Act of 1954, as amended

  Retained provisions of Public Law 83-665 [H.R. 9678], 68 Stat. 832, 
                  approved August 26, 1954, as amended

          * * * * * * *
    Sec. 402.\1\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \1\Formerly at 22 U.S.C. 1922. Sec. 228 of the Federal Agriculture 
Improvement and Reform Act of 1996 (Public Law 104-127; 110 Stat. 963) 
repealed sec. 402, relating to earmarking of funds.
---------------------------------------------------------------------------
          * * * * * *
    Sec. 408.\2\ North Atlantic Treaty Organization.--(a) In 
order to provide for United States participation in the North 
Atlantic Treaty Organization, there is hereby authorized to be 
appropriated such amounts as may be necessary from time to time 
for the payment by the United States of its share of the 
expenses of the Organization and all necessary salaries and 
expenses of the United States permanent representative to the 
Organization, of such persons as may be appointed to represent 
the United States in the subsidiary bodies of the Organization 
or in any multilateral organization which participates in 
achieving the aims of the North Atlantic Treaty, and of their 
appropriate staffs, and the expenses of participation in 
meetings of such organizations, including salaries, expenses, 
and allowances of personnel and dependents as authorized by the 
Foreign Service Act of 1980\3\ and allowances and expenses as 
provided in section 6 of the Act of July 30, 1946 (22 U.S.C. 
287r).
---------------------------------------------------------------------------
    \2\22 U.S.C. 1928. For FY1998, see also sec. 1221 of the National 
Defense Authorization Act for Fiscal Year 1998, relating to defense 
burdensharing, in this volume.
    Sec. 8(h) of Public Law 85-141 (71 Stat. 361), eliminated 
provisions authorizing appropriations of not more than $3,200,000 for 
the fiscal year 1955.
    \3\The reference to the Foreign Service Act of 1980 was substituted 
in lieu of a reference to the Foreign Service Act of 1946 by sec. 
2206(6) of Public Law 96-465 (94 Stat. 2161).
---------------------------------------------------------------------------
    (b) The United States permanent representative to the North 
Atlantic Treaty Organization shall be appointed by the 
President by and with the advice and consent of the Senate and 
shall hold office at the pleasure of the President. Such 
representative shall have the rank and status of ambassador 
extraordinary and plenipotentiary and shall be a chief of 
mission under the Foreign Service Act of 1980.\4\
---------------------------------------------------------------------------
    \4\The reference to the chief of mission under the Foreign Service 
Act of 1980 was substituted in lieu of a reference to the chief of 
mission, class 1, within the meaning of the Foreign Service Act of 1946 
by sec. 2206(6) of Public Law 96-465 (94 Stat. 2161).
---------------------------------------------------------------------------
    (c) Persons detailed to the international staff of the 
North Atlantic Treaty Organization in accordance with section 
628 of the Foreign Assistance Act of 1961 who are members of 
the Foreign Service serving under limited appointments may 
serve for periods of more than five years\5\ notwithstanding 
the limitation in section 309 of the Foreign Service Act of 
1980.\6\
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    \5\Sec. 205(h) of Public Law 86-108 (73 Stat. 250), substituted 
``five years'' for ``four years'' in subsec. (c).
    \6\Sec. 2206(6) of Public Law 96-465 (94 Stat. 2161) substituted 
the words to this point beginning with ``section 628 * * *'' in lieu of 
text which made reference to sec. 529 of the Mutual Security Act of 
1954 and to sec. 522 of the Foreign Service Act of 1946.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 417.\7\ Irish Counterpart.--Pursuant to section 
115(b)(6) of the Economic Cooperation Act of 1948, as amended, 
the disposition within Ireland of the unencumbered balance, in 
the amount of approximately 6,000,000 Irish pounds, of the 
special account of Irish funds established under article IV of 
the Economic Cooperation Agreement between the United States of 
America and Ireland, dated June 28, 1948, for the purposes of--
---------------------------------------------------------------------------
    \7\22 U.S.C. 1937.
---------------------------------------------------------------------------
          (1) scholarship exchange between the United States 
        and Ireland;
          (2) other programs and projects (including the 
        establishment of an Agricultural Institute) to improve 
        and develop the agricultural production and marketing 
        potential of Ireland and to increase the production and 
        efficiency of Irish industry; and
          (3) development programs and projects in aid of the 
        foregoing objectives, is hereby approved, as provided 
        in the agreement between the Government of the United 
        States of America and the Government of Ireland, dated 
        June 17, 1954.
          * * * * * * *
    Sec. 502.\8\ Use of Foreign Currency.--(a) Notwithstanding 
section 1415 of the Supplemental Appropriation Act, 1953, or 
any other provision of law, proceeds of sales made under 
section 550 of the Mutual Security Act of 1951, as amended, 
shall remain available and shall be used for any purposes of 
this Act, giving particular regard to the following purposes--
---------------------------------------------------------------------------
    \8\22 U.S.C. 1754.
---------------------------------------------------------------------------
          (1) for providing military assistance to nations or 
        mutual defense organizations eligible to receive 
        assistance under this Act;
          (2) for purchase of goods or services in friendly 
        nations;
          (3) for loans, under applicable provisions of this 
        Act, to increase production of goods or services, 
        including strategic materials, needed in any nation 
        with which an agreement was negotiated, or in other 
        friendly nations, with the authority to use currencies 
        received in repayment for the purposes stated in this 
        section or for deposit to the general account of the 
        Treasury of the United States;
          (4) for developing new markets on a mutually 
        beneficial basis;
          (5) for grants-in-aid to increase production for 
        domestic needs in friendly countries; and
          (6) for purchasing materials for United States 
        stockpiles.
    (b)\9\ (1)(A) Notwithstanding section 1415 of the 
Supplemental Appropriation Act, 1953, or any other provision of 
law--
---------------------------------------------------------------------------
    \9\Subsec. (b) was amended and restated by sec. 22(a) of the 
International Security Assistance Act of 1978 (Public Law 95-384, 92 
Stat. 742). Sec. 22(b) of the same Act stated that this section shall 
take effect on the date of enactment of this Act, ``notwithstanding 
section 30 of this Act.'' For text of sec. 30, see Legislation on 
Foreign Relations Through 1997, vol. I-A.
---------------------------------------------------------------------------
          (i) local currencies owned by the United States which 
        are in excess of the amounts reserved under section 
        612(a) of the Foreign Assistance Act of 1961 and of the 
        requirements of the United States Government in payment 
        of its obligations outside of the United States, as 
        such requirements may be determined from time to time 
        by the President; and
          (ii) any other local currencies owned by the United 
        States in amounts not to exceed the equivalent of $75 
        per day per person or the maximum per diem allowance 
        established under the authority of subchapter 1 of 
        chapter 57 of title 5 of the United States Code for 
        employees of the United States Government while 
        traveling in a foreign country, whichever is greater, 
        exclusive of the actual cost of transportation;
shall be made available to Members and employees of the 
Congress for their local currency expenses when authorized as 
provided in subparagraph (B).
    (B) The authorization required for purposes of subparagraph 
(A) may be provided--
          (i) by the Speaker of the House of Representatives in 
        the case of a Member or employee of the House;
          (ii) by the chairman of a standing or select 
        committee of the House of Representatives in the case 
        of a member or employee of that committee;
          (iii) by the President of the Senate, the President 
        pro tempore of the Senate, the Majority Leader of the 
        Senate, or the Minority Leader of the Senate, in the 
        case of a Member or employee of the Senate;
          (iv) by the chairman of a standing, select, or 
        special committee of the Senate in the case of a member 
        or employee of that committee or of an employee of a 
        member of that committee; and
          (v) by the chairman of a joint committee of the 
        Congress in the case of a member or employee of that 
        committee.
    (C) Whenever local currencies owned by the United States 
are not otherwise available for purposes of this subsection, 
the Secretary of the Treasury shall purchase such local 
currencies as may be necessary for such purposes, using any 
funds in the Treasury not otherwise appropriated.
    (2) On a quarterly basis, the chairman of each committee of 
the House of Representatives or the Senate and of each joint 
committee of the Congress (A) shall prepare a consolidated 
report (i) which itemizes the amounts and dollar equivalent 
values of each foreign currency expended and the amounts of 
dollar expenditures from appropriated funds in connection with 
travel outside the United States, stating the purposes of the 
expenditures including per diem (lodging and meals), 
transportation, and other purposes, and (ii) which shows the 
total itemized expenditures, by such committee and by each 
member or employee of such committee (including in the case of 
a committee of the Senate, each employee of a member of the 
committee who received an authorization under paragraph (1) 
from the chairman of the committee); and (B) shall forward such 
consolidated report to the Clerk of the House of 
Representatives (if the committee is a committee of the House 
of Representatives or a joint committee whose funds are 
disbursed by the Chief Administrative Officer\10\ of the House) 
or to the Secretary of the Senate (if the committee is a 
committee of the Senate or a joint committee whose funds are 
disbursed by the Secretary of the Senate). Each such 
consolidated report shall be open to public inspection and 
shall be published in the Congressional Record within ten 
legislative days after the report is forwarded pursuant to this 
paragraph. In the case of the Select Committee on Intelligence 
of the Senate and the Permanent Select Committee on 
Intelligence of the House of Representatives, such consolidated 
report may, in the discretion of the chairman of the committee, 
omit such information as would identify the foreign countries 
in which members and employees of that committee traveled.
---------------------------------------------------------------------------
    \10\Sec. 218(2) of Public Law 104-184 (110 Stat. 1747) struck out 
``Clerk'' the second place it appears in the first sentences of subsec. 
(b)(2) and subsec. (b)(3)(A), and inserted in lieu thereof ``Chief 
Administrative Officer''.
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    (3)(A) Each Member or employee who receives an 
authorization under paragraph (1) from the Speaker of the House 
of Representatives, the President of the Senate, the President 
pro tempore of the Senate, the Majority Leader of the Senate, 
or the Minority Leader of the Senate, shall within thirty days 
after the completion of the travel involved, submit a report 
setting forth the information specified in paragraph (2), to 
the extent applicable, to the Clerk of the House of 
Representatives (in the case of a Member of the House or an 
employee whose salary is disbursed by the Chief Administrative 
Officer\10\ of the House) or the Secretary of the Senate (in 
the case of a Member of the Senate or an employee whose salary 
is disbursed by the Secretary of the Senate). In the case of an 
authorization for a group of Members or employees, such reports 
shall be submitted for all Members of the group by its 
chairman, or if there is no designated chairman, by the ranking 
Member or if the group does not include a Member, by the senior 
employee in the group. Each report submitted pursuant to this 
subparagraph shall be open to public inspection.
    (B) On a quarterly basis, the Clerk of the House of 
Representatives and the Secretary of the Senate shall each 
prepare a consolidation of the reports received by them under 
this paragraph with respect to expenditures during the 
preceding quarter by each Member and employee or by each group 
in the case of expenditures made on behalf of a group which are 
not allocable to individual members of the group. Each such 
consolidation shall be open to public inspection and shall be 
published in the Congressional Record within ten legislative 
days after its completion.
          * * * * * * *
    Sec. 514.\11\ International Educational Exchange 
Activities.--Foreign currencies or credits owed to or owned by 
the United States, where arising from this act or otherwise, 
shall, upon a request from the Secretary of State certifying 
that such funds are required for the purpose of international 
educational exchange activities under programs authorized by 
section 32(b)(2) of the Surplus Property Act of 1944, as 
amended, be reserved by the Secretary of the Treasury for sale 
to the Department of State for such activities on the basis of 
the dollar value at the time of the reservation.
---------------------------------------------------------------------------
    \11\22 U.S.C. 1766.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 523. Coordination With Foreign Policy.--(a) * * *
    (b) * * *
    (c) * * *
    (d)\12\ Whenever the President determines that the 
prevention of improper currency transactions\13\ in a given 
country requires it, he may direct the chief of the United 
States diplomatic mission there to issue regulations applicable 
to members of the Armed Forces and officers and employees of 
the United States Government, and to contractors with the 
United States Government and their employees, governing the 
extent to which their pay and allowances received and to be 
used in that country shall be paid in local currency. 
Notwithstanding any other law, United States Government 
agencies are authorized and directed to comply with such 
regulations.
---------------------------------------------------------------------------
    \12\22 U.S.C. 1783(d). Sec. 401(f) of Public Law 86-472 (74 Stat. 
139) added subsec. (d).
    \13\Section 707 of the FA Act of 1961 substituted the words 
``prevention of improper currency transactions'' in lieu of 
``achievement of United States foreign policy objectives''.
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          * * * * * * *
    Sec. 536.\14\ Joint Commission on Rural Reconstruction in 
China.--The President is authorized to continue to participate 
in the Joint Commission on Rural Reconstruction in China and to 
appoint citizens of the United States to the Commission.
---------------------------------------------------------------------------
    \14\22 U.S.C. 1796.
  (6) Notice to Congress of Certain Transfers of Defense Articles and 
                          Defense Services\1\

 Partial text of Public Law 80-253 [National Security Act of 1947, S. 
 758], 61 Stat. 495, approved July 26, 1947, as amended by Public Law 
99-569 [Intelligence Authorization Act for Fiscal Year 1987, S. 2368], 
     100 Stat. 3190, approved November 14, 1986; Public Law 102-88 
  [Intelligence Authorization Act, Fiscal Year 1991; H.R. 1455], 105 
    Stat. 429, approved August 14, 1991; and by Public Law 103-160 
 [National Defense Authorization Act for Fiscal Year 1994; H.R. 2401], 
               107 Stat. 1547, approved November 30, 1993

AN ACT To promote the national security by providing for a Secretary of 
Defense; for a National Military Establishment; for a Department of the 
Army, a Department of the Navy, and a Department of the Air Force; and 
    for the coordination of the activities of the National Military 
  Establishment with other departments and agencies of the Government 
                 concerned with the national security.

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

                              SHORT TITLE

    That this Act may be cited as the ``National Security Act 
of 1947''.
---------------------------------------------------------------------------
    \1\See also Legislation on Foreign Relations Through 1997, vol. IV.
---------------------------------------------------------------------------
          * * * * * * *

NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF DEFENSE ARTICLES AND DEFENSE 
                                SERVICES

    Sec. 505.\2\ (a)(1) The transfer of a defense article or 
defense service, or the anticipated transfer in any fiscal year 
of any aggregation of defense articles or defense services,\3\ 
exceeding $1,000,000 in value by an intelligence agency to a 
recipient outside that agency shall be considered a significant 
anticipated intelligence activity for the purpose of this 
title.\4\
---------------------------------------------------------------------------
    \2\50 U.S.C. 415. Sec. 602(a)(1) of the Intelligence Authorization 
Act, Fiscal Year 1991 (Public Law 102-88; 105 Stat. 441), redesignated 
former sections 502 and 503 as sections 504 and 505. This section was 
originally added by sec. 602 of the Intelligence Authorization Act for 
Fiscal Year 1987 (Public Law 99-569; 100 Stat. 3190).
    For other sections of title V of the National Security Act of 1947, 
as amended, see Legislation on Foreign Relations Through 1997, vol. IV.
    \3\Sec. 604 of the Intelligence Authorization Act, Fiscal Year 1991 
(Public Law 102-88; 105 Stat. 445), inserted ``, or the anticipated 
transfer in any fiscal year of any aggregation of defense articles or 
defense services,''.
    \4\Sec. 602(c)(2) of the Intelligence Authorization Act, Fiscal 
Year 1991 (Public Law 102-88; 105 Stat. 444), struck out ``section 501 
of this Act'', and inserted in lieu thereof ``this title''.
---------------------------------------------------------------------------
    (2) Paragraph (1) does not apply if--
          (A) the transfer is being made to a department, 
        agency, or other entity of the United States (so long 
        as there will not be a subsequent retransfer of the 
        defense articles or defense services outside the United 
        States Government in conjunction with an intelligence 
        or intelligence-related activity); or
          (B) the transfer--
                  (i) is being made pursuant to authorities 
                contained in part II of the Foreign Assistance 
                Act of 1961, the Arms Export Control Act, title 
                10 of the United States Code (including a law 
                enacted pursuant to section 7307(a)\5\ of that 
                title), or the Federal Property and 
                Administrative Services Act of 1949, and
---------------------------------------------------------------------------
    \5\Sec. 828(d)(1) of Public Law 103-160 (107 Stat. 1715) struck out 
``section 7307(b)(1)'' and inserted in lieu thereof ``section 7307(a).
---------------------------------------------------------------------------
                  (ii) is not being made in conjunction with an 
                intelligence or intelligence-related activity.
    (3) An intelligence agency may not transfer any defense 
articles or defense services outside the agency in conjunction 
with any intelligence or intelligence-related activity for 
which funds were denied by the Congress.
    (b) As used in this section--
          (1) the term ``intelligence agency'' means any 
        department, agency, or other entity of the United 
        States involved in intelligence or intelligence-related 
        activities;
          (2) the terms ``defense articles'' and ``defense 
        services'' mean the items on the United States 
        Munitions List pursuant to section 38 of the Arms 
        Export Control Act (22 CFR part 121);
          (3) the term ``transfer'' means--
                  (A) in the case of defense articles, the 
                transfer of possession of those articles; and
                  (B) in the case of defense services, the 
                provision of those services; and
          (4) the term ``value'' means--
                (A) in the case of defense articles, the 
                greater of--
                          (i) the original acquisition cost to 
                        the United States Government, plus the 
                        cost of improvements or other 
                        modifications made by or on behalf of 
                        the Government; or
                          (ii) the replacement cost; and
                  (B) in the case of defense services, the full 
                cost to the Government of providing the 
                services.
          * * * * * * *
                 i. Development Assistance Legislation

             (1) Bangladesh Disaster Assistance Act of 1988

 Public Law 100-576 [H.R. 5389], 102 Stat. 2897, approved October 31, 
                                  1988

         AN ACT Concerning disaster assistance for Bangladesh.

    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 ``Bangladesh Disaster 
Assistance Act of 1988''.
---------------------------------------------------------------------------
    \1\7 U.S.C. 1691 note.
---------------------------------------------------------------------------

SEC. 2. FINDINGS.

    The Congress finds that--
          (1) as a result of the 1988 floods, two-thirds of 
        Bangladesh has been inundated with flood waters;
          (2) over 30 million people in Bangladesh are 
        homeless, over 2000 dead, tens of thousands ill, and 
        potentially millions at risk of waterborne disease and 
        epidemic because of lack of safe water and 
        overcrowding;
          (3) transportation, communications, and normal 
        commerce in Bangladesh have been seriously interrupted, 
        with a potential cost of replacing destroyed or damaged 
        infrastructure of $500,000,000;
          (4) agricultural lands have been flooded, with a 
        potential crop loss of nearly $1,000,000,000;
          (5) the people of the United States have respected 
        and generously supported the efforts of the people of 
        Bangladesh to maintain their independence, promote 
        equitable economic growth, and strive for political 
        pluralism and greater democracy; and
          (6) the Government of Bangladesh has taken quick 
        action to cope with this disaster, one of the most 
        serious in the history of Bangladesh, but must rely on 
        a generous response from the international community 
        for emergency assistance and, even more importantly, 
        for the expertise and resources needed to prevent the 
        continual recurrence of such disastrous floods.

SEC. 3. COMMENDATION OF AND SUPPORT FOR THE PEOPLE OF BANGLADESH.

    The Congress--
          (1) commends the courage and resourcefulness 
        demonstrated by the people of Bangladesh in response to 
        the 1988 floods;
          (2) commends the President for the generous provision 
        by the United States of emergency assistance for 
        Bangladesh;
          (3) commends United States private and voluntary 
        organizations, international organizations, foreign 
        governments, and others for their compassionate 
        response to this natural disaster;
          (4) expresses its support for the people of 
        Bangladesh at this most critical time;
          (5) declares its willingness to work with the 
        President to provide generous levels of emergency 
        humanitarian assistance to the people of Bangladesh;
          (6) declares its willingness to work with the 
        Government of Bangladesh and with private and voluntary 
        organizations to ensure that emergency assistance 
        quickly reaches those most in need; and
          (7) declares its willingness to work with the 
        international community to seek the means to prevent a 
        recurrence of such natural disasters, and urges the 
        President to promote a regional solution designed to 
        prevent a recurrence of such natural disasters.

SEC. 4. EMERGENCY ASSISTANCE FOR BANGLADESH.

    (a) Use of Food for Development Local Currencies for 
Disaster Assistance.--(1)\2\ * * *
---------------------------------------------------------------------------
    \2\Sec. 4(a)(1) amended sec. 301 of the Agricultural Trade 
Development and Assistance Act of 1954, which was subsequently amended 
by title XV of the Food, Agriculture, Conservation, and Trade Act of 
1990 (Public Law 101-624; 104 Stat. 3359).
---------------------------------------------------------------------------
    (2)\3\ Food for Development agreements entered into under 
title III of that Act before the date of enactment of this Act 
may be amended in order to implement the amendment made by 
paragraph (1).
---------------------------------------------------------------------------
    \3\7 U.S.C. 1727 note.
---------------------------------------------------------------------------
    (3) Pending amendment pursuant to paragraph (2) Food for 
Development agreements with the Government of Bangladesh, the 
use of funds accruing under those agreements, with the approval 
of the United States Government, for flood-related disaster 
assistance authorized by the amendment made by paragraph (1) 
shall be deemed to be consistent with the applicable agreement.
    (b) Additional Funds for Disaster Assistance for 
Bangladesh.--It is the sense of the Congress that, in order to 
provide additional resources for disaster assistance for the 
victims of the 1988 floods in Bangladesh, not less than 
$100,000,000 of the local currencies generated under Food for 
Development agreements with the Government of Bangladesh should 
be used for the disaster relief, rehabilitation, and 
reconstruction assistance purposes authorized by the amendment 
made by subsection (a)(1).
    (c) Regular Assistance Programs to be Maintained.--Disaster 
assistance provided for Bangladesh by the United States because 
of the 1988 floods should be in addition to the regularly 
programmed assistance for that country for fiscal year 1989 
under chapter 1 of part I of the Foreign Assistance Act of 1961 
(relating to development assistance) and titles I, II, and III 
of the Agriculture Trade Development and Assistance Act of 1954 
(relating to food assistance); and the level of such regularly 
programmed assistance.
    (d) Extension of Period for use of Food for Development 
Local Currencies.--It is the sense of the Congress that the 
period, during which funds accruing under Food for Development 
agreements with the Government of Bangladesh must be used, 
should be extended from September 30, 1989, to at least 
September 30, 1990.

SEC. 5. REPORT TO CONGRESS.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the President shall submit to the 
Congress a report on efforts by the international community and 
the governments of the region to develop regional programs for 
the Ganges basin and the Brahmaputra basin that are designed--
          (1) to ensure an equitable and predictable supply of 
        water in the dry season; and
          (2) to promote better flood control mechanisms to 
        mitigate in the mid-term, and prevent in the long-term, 
        floods as severe as the 1988 floods in Bangladesh.
    (b) Specific Requirements.--The report required by 
subsection (a)--
          (1) shall describe what efforts have been made by 
        international organizations and other international 
        institutions, by bilateral and multilateral assistance 
        donors, and by countries in the region, to achieve the 
        objectives set forth in subsection (a);
          (2) shall describe the feasibility studies, planning 
        studies, or actual projects that are in preparation or 
        have been completed to achieve those objectives;
          (3) shall analyze the potential costs, the technology 
        obstacles (such as those presented by the earthquakes 
        to which the region is prone), and the political 
        problems, that stand in the way of effective flood 
        control in the Ganges basin and the Brahmaputra basin;
          (4) shall describe the environmental causes of the 
        flood, particularly deforestation and soil erosion; and
          (5) shall describe the efforts made, and the efforts 
        proposed to be made, by the President to promote a 
        regional approach to achieving the objectives set forth 
        in subsection (a).

SEC. 6. OFFICE OF TECHNOLOGY ASSESSMENT.

    It is the sense of the Congress that the Office of 
Technology Assessment--
          (1) should cooperate in the effort described in 
        section 5; and
          (2) in particular, should provide to the Department 
        of State and the Congress--
                  (A) a synopsis of all current studies and 
                reports--
                          (i) on flood control in the Ganges 
                        basin and the Brahmaputra basin, or
                          (ii) on state-of-the-art technology 
                        available for the construction and 
                        maintenance of flood control projects, 
                        and
                  (B) any cost benefit analysis of efforts to 
                improve water availability in the dry season 
                and to mitigate or prevent severe flooding.
     (2) International Cooperation to Protect Biological Diversity

 Public Law 100-530 [H.J. Res. 648], 102 Stat. 2651, approved October 
                                25, 1988

 JOINT RESOLUTION To encourage increased international cooperation to 
                     protect biological diversity.

Whereas habitat destruction is a main cause of the accelerating 
    extinction of animal and plant species;
Whereas increased international cooperation is essential to 
    protect species threatened with extinction and to halt the 
    loss of unique and irreplaceable ecosystems; and
Whereas the United States has strongly supported efforts to 
    convene an international convention for preservation of the 
    Earth's biological diversity: Now therefore, be it
    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1.\1\ STATEMENT OF POLICIES.

    The Congress--
---------------------------------------------------------------------------
    \1\22 U.S.C. 2151q note.
---------------------------------------------------------------------------
          (1) supports the United States efforts, consistent 
        with section 119(g) of the Foreign Assistance Act of 
        1961, to initiate discussions to develop an 
        international agreement to preserve biological 
        diversity; and
          (2) calls upon the President to continue exerting 
        United States leadership in order to achieve the 
        earliest possible negotiation of an international 
        convention to conserve the Earth's biological 
        diversity, including the protection of a representative 
        system of ecosystems adequate to conserve biological 
        diversity.

SEC. 2.\2\ REPORT.

    Not later than one year after the date of the enactment of 
this joint resolution, the President shall submit a report to 
the Congress on progress toward the goal of negotiating the 
international convention described in paragraph (2) of section 
1.
---------------------------------------------------------------------------
    \2\22 U.S.C. 2151q note.
                     (3) Control of Swine Influenza

 Partial text of Public Law 94-302 [H.R. 9721], 90 Stat. 591, approved 
                              May 31, 1976

 AN ACT To provide for increased participation by the United States in 
   the Inter-American Development Bank, to provide for the entry of 
 nonregional members and the Bahamas and Guyana in the Inter-American 
Development Bank, to provide for the participation of the United States 
        in the African Development Fund, and for other purposes.

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

                       TITLE III--SWINE INFLUENZA

    Sec. 301.\1\ (a) The Congress finds and declares that--
---------------------------------------------------------------------------
    \1\22 U.S.C. 2101 note.
---------------------------------------------------------------------------
          (1) the problems posed by swine influenza transcend 
        national and political boundaries;
          (2) no one country, or even one portion of the world, 
        can singularly undertake the search for a worldwide 
        solution to the problems posed by swine influenza;
          (3) the global nature of swine influenza demands 
        international cooperation and coordination in the 
        investigation and planning for effective control of 
        swine influenza;
          (4) the Public Health Service of the United States 
        has invited the World Health Organization of the United 
        Nations and its International Influenza Reference 
        Centers to participate in the investigation and 
        planning for the control of swine influenza;
          (5) special collaboration has already been 
        established among the United States, the United 
        Kingdom, and Canada for mutual participation in the 
        investigation and planning for the control of swine 
        influenza;
          (6) the United States Department of State and the 
        Public Health Service of the United States have joint 
        programs to provide information to foreign countries on 
        the nature and extent of swine influenza and the 
        methods necessary to control it; and
          (7) the technology of the United States for the 
        surveillance of virus disease and vaccine production 
        should be made available to foreign countries.
    (b) It is the sense of the Congress that the President 
should furnish assistance to foreign countries and 
international organizations for the investigation and planning 
for the control of swine influenza.
                    j. Use of Foreign Currencies\1\

                         (1) 31 U.S.C. 1306\2\

    Title 31, U.S.C. * * *

Sec. 1306. Use of foreign credits

    (a) In General.--Foreign credits (including currencies) 
owed to or owned by the United States may be used by any agency 
for any purpose for which appropriations are made for the 
agency for the current fiscal year (including the carrying out 
of Acts requiring or authorizing the use of such credits), but 
only when reimbursement therefor is made to the Treasury from 
applicable appropriations of the agency.
---------------------------------------------------------------------------
    \1\For text on Use of Local Currencies, see sec. 40 of the FA Act 
of 1973 (Public Law 93-189; 87 Stat. 714), and sec. 502 of the Mutual 
Security Act of 1954, as amended (Public Law 83-665; 68 Stat. 832), in 
Legislation on Foreign Relations Through 1997, vol. I-A, and page 305 
in this volume, respectively.
    \2\Sec. 1306, title 31, was originally enacted as sec. 1415 of the 
Supplemental Appropriation Act, 1953, and codified at 31 U.S.C. 724. 
Public Law 97-258 (96 Stat. 877) revised and recodified title 31 United 
States Code. Sec. 612(a) of the Treasury, Postal Service, and General 
Government Appropriations Act, 1997 (sec. 101(f) of title I of Public 
Law 104-208; 110 Stat. 3009), amended and restated sec. 1306. It 
formerly read as follows:
    ``Foreign credits owed to or owned by the Treasury are not 
available for expenditure by agencies except as provided annually in 
general appropriation laws.''.
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    (b) Exception to Reimbursement Requirement.--Credits 
described in subsection (a) that are received as exchanged 
allowances, or as the proceeds of the sale of personal 
property, may be used in whole or partial payment for the 
acquisition of similar items, to the extent and in the manner 
authorized by law, without reimbursement to the Treasury.
         (2) General Government Matters Appropriation Act, 1962

   Partial text of Public Law 87-125 [H.R. 7577] 75 Stat. 268, 283, 
                        approved August 3, 1961

          * * * * * * *

                      TITLE V--GENERAL PROVISIONS

          * * * * * * *
    Sec. 508. Pursuant to section 1415 of the Act of July 15, 
1952 (66 Stat. 662),\1\ foreign credits (including currencies) 
owed to or owned by the United States may be used by Federal 
agencies for any purpose for which appropriations are made for 
the current fiscal year (including the carrying out of Acts 
requiring or authorizing the use of such credits),\2\ only when 
reimbursement therefor is made to the Treasury from applicable 
appropriations of the agency concerned: Provided, That such 
credits received as exchange allowances or proceeds of sales of 
personal property may be used in whole or in part payment for 
acquisition of similar items, to the extent and in the manner 
authorized by law, without reimbursement to the Treasury: 
Provided further, That nothing in section 1415 of the Act of 
July 15, 1952, or in this section shall be construed to prevent 
the making of new or the carrying out of existing contracts, 
agreements, or executive agreements for periods in excess of 
one year, in any case where such contracts, agreements, or 
executive agreements for periods in excess of one year were 
permitted prior to the enactment of this Act under section 
32(b)(2) of the Surplus Property Act of 1944, as amended (50 
U.S.C. App. 1641(b)(2)), and the performance of all such 
contracts, agreements, or executive agreements shall be subject 
to the availability of appropriations for the purchase of 
credits as provided by law.
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    \1\Sec. 1306, title 31, was originally enacted as sec. 1415 of the 
Supplemental Appropriation Act, 1953, and codified at 31 U.S.C. 724. 
Public Law 97-258 (96 Stat. 877) revised and recodified title 31, 
including changes to the text and U.S. Code citation to this provision.
    \2\The words ``and for liquidation of obligations legally incurred 
against such credits prior to July 1, 1953'' appeared at this point in 
previous General Government Matters Appropriation Acts, 1956-1959, and 
the Supplemental Appropriations Act, 1955.
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          * * * * * * *
     (3) Use of Reserved Coins and Currencies of Foreign Countries

    Title 31, U.S.C. * * *

Sec. 5303.\1\ Reserved coins and currencies of foreign countries

    An agency may use coins and currencies of a foreign country 
the United States Government holds that are or may be reserved 
for a specific program or activity of an agency. The agency 
shall reimburse the Treasury from appropriations and shall 
replace the coins and currencies when they are needed for the 
program or activity for which they were reserved originally.
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    \1\Sec. 5303, title 31, was originally enacted as Public Law 89-677 
(80 Stat. 955) and codified at 31 U.S.C. 938. Public Law 97-258 (96 
Stat. 877) revised and recodified title 31, including changes to the 
text and U.S. Code citation to this provision.
               k. Merchant Marine Act of 1936, as amended

Act of June 29, 1936, Chapter 858 [H.R. 8355] 49 Stat. 1985, as amended

 AN ACT To further the development and maintenance of an adequate and 
well-balanced American merchant marine, to promote the commerce of the 
United States, to aid in the national defense, to repeal certain former 
                  legislation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *
    Sec. 901.\1\ * * *
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    \1\46 U.S.C. app. 1241.
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    (b)\2\ (1)\3\ Whenever the United States shall procure, 
contract for, or otherwise obtain for its own account, or shall 
furnish to or for the account of any foreign nation without 
provision for reimbursement, any equipment, materials, or 
commodities, within or without the United States, or shall 
advance funds or credits or guarantee the convertibility of 
foreign currencies in connection with the furnishing of such 
equipment, materials, or commodities, the appropriate agency or 
agencies shall take such steps as may be necessary and 
practicable to assure that at least 50 per centum of the gross 
tonnage of such equipment, materials, or commodities (computed 
separately for dry bulk carriers, dry cargo liners, and 
tankers), which may be transported on ocean vessels shall be 
transported on privately owned United States-flag commercial 
vessels, to the extent such vessels are available at fair and 
reasonable rates for United States-flag commercial vessels, in 
such manner as will insure a fair and reasonable participation 
of United States-flag commercial vessels in such cargoes by 
geographic areas: Provided, That the provisions of this 
subsection may be waived whenever the Congress by concurrent 
resolution or otherwise, or the President of the United States, 
or the Secretary of Defense declares that an emergency exists 
justifying a temporary waiver of the provisions of section 
901(b)(1)\4\ and so notifies the appropriate agency or 
agencies: And provided further, That the provisions of this 
subsection shall not apply to cargoes carried in vessels of the 
Panama Canal Company. Nothing herein shall repeal or otherwise 
modify the provisions of Public Resolution Numbered 17, 
Seventy-third Congress (48 Stat. 500)\5\ as amended.''\6\ For 
purposes of this section, the term ``privately owned United 
States-flag commercial vessels'' shall not be deemed to include 
any vessel which, subsequent to the date of enactment of this 
amendment, shall have been either (a) built outside the United 
States, (b) rebuilt outside the United States, or (c) 
documented under any foreign registry, until such vessel shall 
have been documented under the laws of the United States for a 
period of three years: Provided, however, That the provisions 
of this amendment shall not apply where, (1) prior to the 
enactment of this amendment, the owner of a vessel, or 
contractor for the purchase of a vessel, originally constructed 
in the United States and rebuilt abroad or contracted to be 
rebuilt abroad, has notified the Maritime Administration in 
writing of its intent to document such vessel under United 
States registry, and such vessel is so documented on its first 
arrival at a United States port not later than one year 
subsequent to the date of the enactment of this amendment, or 
(2) where prior to the enactment of this amendment, the owner 
of a vessel under United States registry has made a contract 
for the rebuilding abroad of such vessel and has notified the 
Maritime Administration of such contract, and such rebuilding 
is completed and such vessel is thereafter documented under 
United States registry on its first arrival at a United States 
port not later than one year subsequent to the date of the 
enactment of this amendment.\7\
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    \2\Public Law 83-664 (68 Stat. 832) added subsec. (b).
    \3\Sec. 27(a) of Public Law 91-469 (Merchant Marine Act of 1970) 
redesignated subsec. (b) as subsec. (b)(1).
    \4\Sec. 27(b) of Public Law 91-469 inserted ``section 901(b)(1)'' 
in lieu of ``section 901(b)''.
    \5\15 U.S.C. 616a.
    \6\See also sec. 603 of the FA Act of 1961, in Legislation on 
Foreign Relations Through 1997, vol. I-A.
    \7\The last part of this subsection, beginning with the words ``For 
purposes of this section,'' was added by Public Law 87-266.
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    (2)\8\ Every department or agency having responsibility 
under this subsection shall administer its programs with 
respect to this subsection under regulations issued by the 
Secretary of Transportation.\9\ The Secretary of 
Transportation\9\ shall review such administration and shall 
annually report to the Congress with respect thereto.
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    \8\Sec. 27(c) of Public Law 91-469 added subsec. (2).
    \9\The references to the Secretary of Transportation were 
substituted in lieu of references to the Secretary of Commerce by sec. 
12(126) of Public Law 97-31 (95 Stat. 165).
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    Sec. 901a.\10\,\11\ The requirements of section 
901(b)(1) of this Act and the Joint Resolution of March 26, 
1934 (46 U.S.C. App. 1241-1), shall not apply to any export 
activities of the Secretary of Agriculture or the Commodity 
Credit Corporation--
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    \10\46 U.S.C. app. 1241e.
    \11\Sec. 1142 of the Food Security Act of 1985 (Public Law 99-198; 
99 Stat. 1490), added secs. 901a thru 901k.
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          (1) under which agricultural commodities or the 
        products thereof acquired by the Commodity Credit 
        Corporation are made available to United States 
        exporters, users, processors, or foreign purchasers for 
        the purpose of developing, maintaining, or expanding 
        export markets for United States agricultural 
        commodities or the products thereof at prevailing world 
        market prices;
          (2) under which payments are made available to United 
        States exporters, users, or processors or, except as 
        provided in section 901b, cash grants are made 
        available to foreign purchasers, for the purpose 
        described in paragraph (1);
          (3) under which commercial credit guarantees are 
        blended with direct credits from the Commodity Credit 
        Corporation to reduce the effective rate of interest on 
        export sales of United States agricultural commodities 
        or the products thereof;
          (4) under which credit or credit guarantees for not 
        to exceed 3 years are extended by the Commodity Credit 
        Corporation to finance or guarantee export sales of 
        United States agricultural commodities or the products 
        thereof; or
          (5) under which agricultural commodities or the 
        products thereof owned or controlled by or under loan 
        from the Commodity Credit Corporation are exchanged or 
        bartered for materials, goods, equipment, or services, 
        but only if such materials, goods, equipment, or 
        services are of a value at least equivalent to the 
        value of the agricultural commodities or products 
        exchanged or bartered therefor (determined on the basis 
        of prevailing world market prices at the time of the 
        exchange or barter), but nothing in this subsection 
        shall be construed to exempt from the cargo preference 
        provisions referred to in section 901b any requirement 
        otherwise applicable to the materials, goods, 
        equipment, or services imported under any such 
        transaction.

 SHIPMENT REQUIREMENTS FOR CERTAIN EXPORTS SPONSORED BY THE DEPARTMENT 
                             OF AGRICULTURE

    Sec. 901b.\11\,\12\ (a)(1) In addition to the 
United States requirement for flag carriage of a percentage of 
gross tonnage imposed by section 901(b)(1) of this Act, 25 
percent of the gross tonnage of agricultural commodities or the 
products thereby specified in subsection (b) shall be 
transported on United States-flag commercial vessels.
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    \12\46 U.S.C. app. 1241f.
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    (2) In order to achieve an orderly and efficient 
implementation of the requirement of paragraph (1)--
          (A) an additional quantity equal to 10 percent of the 
        gross tonnage referred to in paragraph (1) shall be 
        transported in United States-flag vessels in calendar 
        year 1986;
          (B) an additional quantity equal to 20 percent of the 
        gross tonnage shall be transported in such vessels in 
        calendar year 1987; and
          (C) an additional quantity equal to 25 percent of the 
        gross tonnage shall be transported in such vessels in 
        calendar year 1988 and in each calendar year 
        thereafter.
    (b) This section shall apply to an export activity of the 
Commodity Credit Corporation or the Secretary of Agriculture--
          (1) carried out under the Agricultural Trade 
        Development and Assistance Act of 1954 (7 U.S.C. 1691 
        et seq.);
          (2) carried out under section 416 of the Agricultural 
        Act of 1949 (7 U.S.C. 1431);
          (3) carried out under the Food Security Wheat Reserve 
        Act of 1980 (7 U.S.C. 1736f-1);
          (4) under which agricultural commodities or the 
        products thereof are--
                  (A) donated through foreign governments or 
                agencies, private or public, including 
                intergovernmental organizations; or
                  (B) sold for foreign currencies or for 
                dollars on credit terms of more than ten years;
          (5) under which agricultural commodities or the 
        products thereof are made available for emergency food 
        relief at less than prevailing world market prices;
          (6) under which a cash grant is made directly or 
        through an intermediary to a foreign purchaser for the 
        purpose of enabling the purchaser to obtain United 
        States agricultural commodities or the products thereof 
        in an amount greater than the difference between the 
        prevailing world market price and the United States 
        market price, free along side vessel at United States 
        port; or
          (7) under which the agricultural commodities owned or 
        controlled by or under loan for the Commodity Credit 
        Corporation are exchanged or bartered for materials, 
        goods, equipment, or services produced in foreign 
        countries, other than export activities described in 
        section 901a (5).
    (c)(1) The requirement for United States-flag 
transportation imposed by subsection (a) shall be subject to 
the same terms and conditions as provided in section 901(b) of 
this Act.
    (2)\13\ In order to provide for effective and equitable 
administration of the cargo preference laws the calendar year 
for the purpose of compliance with minimum percentage 
requirements shall be for 12 month periods commencing April 1, 
1986.
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    \13\Sec. 1525 of the Agricultural Development and Trade Act of 1990 
(Public Law 101-624; 104 Stat. 3667) struck out subpar. ``(A)'' in par. 
(2); struck out subpar. (B), and inserted new pars. (3), (4), and (5). 
Subparas. (A) and (B) were further amended by Public Law 104-239 (see 
notes below), para. (4) was struck out and para. (5) was redesignated 
as para. (4).
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  (3)\13\ (A) Subject to subparagraph (B), in administering 
sections 901(b) and 901b (46 U.S.C. App. 1241(b) and 1241f), 
and, subject to subparagraph (B) of this paragraph, consistent 
with those sections,\14\ the Commodity Credit Corporation shall 
take such steps as may be necessary and practicable without 
detriment to any port range to allocate, on the principle of 
lowest landed cost without regard to the country of 
documentation of the vessel, 25 percent\15\ of the bagged, 
processed, or fortified commodities furnished pursuant to title 
II of the Agricultural Trade Development and Assistance Act of 
1954 (7 U.S.C. 1751 et seq.).
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    \14\Sec. 17(a)(1)(A) of the Maritime Security Act of 1996 (Public 
Law 104-239; 110 Stat. 3138) struck out ``and consistent with those 
sections,'' and inserted in lieu thereof ``and, subject to subparagraph 
(B) of this paragraph, consistent with those sections,''.
    \15\Sec. 17(a)(1)(B) of the Maritime Security Act of 1996 (Public 
Law 104-239; 110 Stat. 3139) struck out ``50 percent'' and inserted in 
lieu thereof ``25 percent''.
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    (B)\16\ In carrying out this paragraph, there shall first 
be calculated the allocation of 100 percent of the quantity to 
be procured on an overall lowest landed cost basis without 
regard to the country of documentation of the vessel and there 
shall be allocated to the Great Lakes port range any cargoes 
for which it has the lowest landed cost under that calculation. 
The requirements for United States-flag transportation under 
section 901(b) and this section shall not apply to commodities 
allocated under subparagraph (A) to the Great Lakes port range, 
and commodities allocated under subparagraph (A) to that port 
range may not be reallocated or diverted to another port range 
to meet those requirements to the extent that the total tonnage 
of commodities to which subparagraph (A) applies that is 
furnished and transported from the Great Lakes port range is 
less than 25 percent of the total annual tonnage of such 
commodities furnished.
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    \16\Sec. 17(a)(2) of the Maritime Security Act of 1996 (Public Law 
104-239; 110 Stat. 3139) struck out subpara. (B) and added new 
subparas. (B) and (C). Former subpara. (B) read as follows:
    ``(B) In carrying out this paragraph, the Commodity Credit 
Corporation shall not allocate to the Great Lakes port range in any 
year a percentage share of commodities referred to in subparagraph (A) 
that is greater than the share experienced by that port range in 1984, 
as determined by the Secretary of Agriculture.''.
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    (C)\16\ In awarding any contract for the transportation by 
vessel of commodities from the Great Lakes port range pursuant 
to an export activity referred to in subsection (b), each 
agency or instrumentality--
          (i) shall consider expressions of freight interest 
        for any vessel from a vessel operator who meets 
        reasonable requirements for financial and operational 
        integrity; and
          (ii) may not deny award of the contract to a person 
        based on the type of vessel on which the transportation 
        would be provided (including on the basis that the 
        transportation would not be provided on a liner vessel 
        (as that term is used in the Shipping Act of 1984, as 
        in effect on November 14, 1995)), if the person 
        otherwise satisfies reasonable requirements for 
        financial and operational integrity.
  (4)\13\,\17\ Any determination of nonavailability 
of United States-flag vessels resulting from the application of 
this subsection shall not reduce the gross tonnage of 
commodities required by sections 901(b) and 901b to be 
transported on United States-flag vessels.
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    \17\Sec. 17(b) of the Maritime Security Act of 1996 (Public Law 
104-239 (110 Stat. 3139) struck out para. (4) and redesignated para. 
(5) as para. (4). Former para. (4) had read as follows:
    ``(4)\13\ Amounts of cargo allocated to ports in the Great Lakes 
port range pursuant to paragraph (3) shall not be exported from a 
different port range except as necessary to meet United States-flag 
transportation requirements of sections 901(b) and 901b, in which case 
within the same year the Commodity Credit Corporation shall take such 
steps as are necessary and practicable without detriment to any port 
range to ensure the export from the Great Lakes port range of an amount 
of tonnage of commodities referred to in paragraph (3)(A) that is not 
required to be transported on United States-flag vessels, that is equal 
to the amount of tonnage diverted for export from other port ranges.''.
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    (d) As used in subsection (b), the term ``export activity'' 
does not include inspection or weighing activities, other 
activities carried out for health or safety purposes, or 
technical assistance provided in the handling of commercial 
transactions.
    (e)(1) The prevailing world market price as to agricultural 
commodities or the products thereof shall be determined under 
section 901a through 901d in accordance with procedures 
established by the Secretary of Agriculture. The Secretary 
shall prescribe such procedures by regulation, with notice and 
opportunity for public comment, pursuant to section 553 of 
title 5, United States Code.
    (2) In the event that a determination of the prevailing 
world market price of any other type of materials, goods, 
equipment, or service is required in order to determine whether 
a barter or exchange transaction is subject to subsection 
(b)(6) or (b)(7), such determination shall be made by the 
Secretary of Agriculture in consultation with the heads of 
other appropriate Federal agencies.

                            MINIMUM TONNAGE

    Sec. 901c.\11\,\18\ (a)(1) For fiscal year 1986 
and each fiscal year thereafter, the minimum quantity of 
agricultural commodities to be exported under programs subject 
to section 901b shall be the average of the tonnage exported 
under such programs during the base period defined in 
subsection (b), discarding the high and low years.
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    \18\46 U.S.C. app. 1241g.
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    (2) The President may waive the minimum quantity for any 
fiscal year required under paragraph (1) if he determines and 
reports to the Congress, together with his reasons, that such 
quantity cannot be effectively used for the purposes of such 
programs or, based on a certification by the Secretary of 
Agriculture, that the commodities are not available for reasons 
which include the unavailability of funds.
    (b) The base period utilized for computing the minimum 
tonnage quantity referred to in subsection (a) for any fiscal 
year shall be the five fiscal years beginning with the sixth 
fiscal year preceding such fiscal year and ending with the 
second fiscal year preceding such fiscal year.

FINANCING OF SHIPMENT OF AGRICULTURAL COMMODITIES IN UNITED STATES-FLAG 
                                VESSELS

    Sec. 901d.\11\,\19\ (a) The Secretary of 
Transportation shall finance any increased ocean freight 
charges incurred in any fiscal year which result from the 
application of section 901b.
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    \19\46 U.S.C. app. 1241h.
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    (b) If in any fiscal year the total cost of ocean freight 
and ocean freight differential for which obligations are 
incurred by the Department of Agriculture and the Commodity 
Credit Corporation on exports of agricultural commodities and 
products thereof under the agricultural export programs 
specified in section 901b(b) exceeds 20 percent of the value of 
such commodities and products and the cost of such ocean 
freight and ocean freight differential on which obligations are 
incurred by such Department and Corporation during such year, 
the Secretary of Transportation shall reimburse the Department 
of Agriculture and the Commodity Credit Corporation for the 
amount of such excess. For the purpose of this subsection, 
commodities shipped from the inventory of the Commodity Credit 
Corporation shall be valued as provided in section 403(b) of 
the Agricultural Trade Development and Assistance Act of 1954 
(7 U.S.C. 1733(b)).
    (c) For the purpose of meeting those expenses required to 
be assumed under subsections (a) and (b), the Secretary of 
Transportation shall issue to the Secretary of the Treasury 
such obligations in such forms and denominations, bearing such 
maturities and subject to such terms and conditions, as may be 
prescribed by the Secretary of Transportation with the approval 
of the Secretary of the Treasury. Such obligations shall be at 
a rate of interest as determined by the Secretary of the 
Treasury, taking into consideration the average market yield on 
outstanding marketable obligations of the United States with 
remaining periods of maturity comparable to the average 
maturities of such obligations during the month preceding the 
issuance of such obligations of the Secretary of 
Transportation. The Secretary of the Treasury shall purchase 
any obligations of the Secretary of Transportation issued under 
this subsection and, for the purpose of purchasing such 
obligations, the Secretary of the Treasury may use as a public 
debt transaction the proceeds from the sale of any securities 
issued under chapter 31 of title 31, United States Code, after 
the date of the enactment of this Act and the purposes for 
which securities may be issued under such chapter are extended 
to include any purchases of the obligations of the Secretary of 
Transportation under this subsection. All redemptions and 
purchases by the Secretary of the Treasury of the obligations 
of the Secretary of Transportation shall be treated as public-
debt transactions of the United States.
    (d) There is authorized to be appropriated annually for 
each fiscal year, commencing with the fiscal year beginning 
October 1, 1986, an amount sufficient to reimburse the 
Secretary of Transportation for the costs, including 
administrative expenses and the principal and interest due on 
the obligations to the Secretary of the Treasury incurred under 
this section. Reimbursement of any such costs shall be made 
with appropriated funds, as provided in this section, rather 
than through cancellation of notes.
    (e) Notwithstanding the provisions of this section, in the 
event that the Secretary of Transportation is unable to obtain 
the funds necessary to finance the increased ocean freight 
charges resulting from the requirements of subsections (a) and 
(b) and section 901b(a), the Secretary of Transportation shall 
so notify the Congress within 10 working days of the discovery 
of such insufficiency.

                    AUTHORIZATION OF APPROPRIATIONS

    Sec. 901e.\11\,\20\ There are authorized to be 
appropriated such sums as may be necessary to carry out the 
provisions of sections 901a through 901k.
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    \20\46 U.S.C. app. 1241i.
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               TERMINATION OF SECTIONS 901A THROUGH 901K

    Sec. 901f.\11\,\21\ The operation of section 
901a through 901k shall terminate 90 days after the date on 
which a notification is made pursuant to section 901d(e), 
except with respect to shipments of agricultural commodities 
and products subject to contracts entered into before the 
expiration of such 90-day period, unless within such 90-day 
period the Secretary of Transportation proclaims that funds are 
available to finance increased freight charges resulting from 
the requirements of sections 901b (a) and 901d (a) and (b). In 
the event of termination under this section, nothing in 
sections 901a through 901d shall be construed as exempting 
export activities from or subjecting export activities to the 
cargo preference laws except to the extent those activities are 
exempt under section 4(b) of Public Law 95-501 (7 U.S.C. 
1707a(b)). In the event of termination under this section, the 
50 percent requirement in section 901(b) of the Merchant Marine 
Act, 1936 shall be in full effect.
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    \21\46 U.S.C. app. 1241j.
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  NATIONAL ADVISORY COMMISSION ON AGRICULTURAL EXPORT TRANSPORTATION 
                                 POLICY

    Sec. 901g.\11\,\22\ (a) There is hereby 
established an advisory commission to be known as the National 
Advisory Commission on Agricultural Export Transportation 
Policy (hereafter in this section through section 901j referred 
to as the ``Commission'').
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    \22\46 U.S.C. app. 1241k.
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    (b)(1) The Commission shall be composed of 16 members.
    (2) Eight members of the Commission shall be appointed by 
the President.
    (3) The chairman and ranking minority members of the Senate 
Committee on Agriculture, Nutrition, and Forestry, of the 
Subcommittee on Merchant Marine of the Senate Committee on 
Commerce, Science, and Transportation, of the House Committee 
on Agriculture, and of the House Committee on Merchant Marine 
and Fisheries\23\ shall serve as members of the Commission.
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    \23\The House Committee on Merchant Marine and Fisheries was 
abolished in the 104th Congress, and sec. 1(b)(3) of Public Law 104-14 
(109 Stat. 186) stated the following:
    ``(3) the Committee on Merchant Marine and Fisheries of the House 
of Representatives shall be treated as referring to--
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          ``(A) the Committee on Agriculture of the House of 
        Representatives, in the case of a provision of law relating to 
        inspection of seafood or seafood products;
          ``(B) the Committee on National Security of the House of 
        Representatives, in the case of a provision of law relating to 
        interoceanic canals, the Merchant Marine Academy and State 
        Maritime Academies, or national security aspects of merchant 
        marine;
          ``(C) the Committee on Resources of the House of 
        Representatives, in the case of a provision of law relating to 
        fisheries, wildlife, international fishing agreements, marine 
        affairs (including coastal zone management) except for measures 
        relating to oil and other pollution of navigable waters, or 
        oceanography;
          ``(D) the Committee on Science of the House of 
        Representatives, in the case of a provision of law relating to 
        marine research; and
          ``(E) the Committee on Transportation and Infrastructure of 
        the House of Representatives, in the case of a provision of law 
        relating to a matter other than a matter described in any of 
        subparagraphs (A) through (D).''.
    (4)(A) Four of the members appointed by the President shall 
be representatives of agricultural producers, cooperatives, 
merchandisers, and processors of agricultural commodities.
    (B) The remaining four members appointed by the President 
shall be representatives of the United States-flag maritime 
industry, two of whom shall represent labor and two of whom 
shall represent management.
    (c)(1) The members of the Commission shall elect a Chairman 
from among its members.
    (2) Any vacancy in the Commission does not affect its 
powers but shall be filled in the same manner in which the 
original appointment was made.

                        DUTIES OF THE COMMISSION

    Sec. 901h.\11\,\24\ (a) It shall be the duty of 
the Commission to conduct a comprehensive study and review of 
the ocean transportation of agricultural exports subject to the 
cargo preference laws referred to in section 901b and to make 
recommendations to the President and the Congress for improving 
the efficiency of such transportation on United States-flag 
vessels in order to reduce the costs incurred by the United 
States in connection with such transportation. In carrying out 
such study and review, the Commission shall consider the extent 
to which any unfair or discriminatory practices of foreign 
governments increase the cost to the United States of 
transporting agricultural commodities subject to such cargo 
preference laws.
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    \24\46 U.S.C. app. 1241l.
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    (b)(1) The Commission shall submit an interim report to the 
President and the Congress not later than one year after the 
date of the enactment of this subtitle and such other interim 
reports as the Commission considers advisable.
    (2) The Commission shall submit a final report containing 
its findings and recommendations to the President and the 
Congress not later than two years after the date of the 
enactment of this subtitle. The report shall include 
recommendations for any changes in the provisions of paragraph 
(1) that would help assure that the cost of ocean freight and 
ocean freight differential incurred by the Department of 
Agriculture and the Commodity Credit Corporation on the 
agricultural export programs specified in section 901b, is not 
increased above historical levels as a result of the extra 
demand for United States-flag vessels caused by section 901b.
    (3) Sixty days after the submission of the final report, 
the Commission shall cease to exist.
    (c) The Commission shall include in its reports submitted 
pursuant to subsection (b) recommendations concerning the 
feasibility and desirability of achieving the following goals 
with respect to the ocean transportation of agricultural 
commodities subject to the cargo preference laws referred to in 
section 901b:
          (1) Ensuring that the timing of commodity purchase 
        agreements entered into by the United States in 
        connection with the export of such commodities, and the 
        methods of implementing such agreements, will minimize 
        cost to the United States.
          (2) Ensuring that shipments of such commodities are 
        made on the most modern and efficient United States-
        flag vessels available.
          (3) Ensuring that shipments of such commodities are 
        made under the most advantageous terms available, 
        including--
                  (A) charters for full shiploads;
                  (B) charters for intermediate or long term;
                  (C) charters for consecutive voyages and 
                contracts of affreightment; and
                  (D) adjustment of rates in the event that 
                vessels used for shipments of such commodities 
                also carry cargoes on return voyages.
          (4) Reduction and elimination of impediments, 
        including delays in port, to the efficient loading and 
        operation of the vessels employed for shipment of such 
        commodities.
          (5) Utilization of open and competitive bidding for 
        the ocean transportation of such commodities.

      INFORMATION AND ASSISTANCE TO BE FURNISHED TO THE COMMISSION

    Sec. 901i.\11\,\25\ (a) Each department, agency, 
and instrumentality of the United States, including independent 
agencies, shall furnish to the Commission, upon request made by 
the Chairman, such statistical data, reports, and other 
information as the Commission considers necessary to carry out 
its functions.
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    \25\46 U.S.C. app. 1241m.
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    (b) The Secretary of Agriculture and the Secretary of 
Transportation shall make available to the Commission such 
staff, personnel, and administrative services as may reasonably 
be required to carry out the Commission's duties.

 COMPENSATION AND TRAVEL AND SUBSISTENCE EXPENSES OF COMMISSION MEMBERS

    Sec. 901j.\11\,\26\ Members of the Commission 
shall serve without compensation in addition to compensation 
they may otherwise be entitled to receive as employees of the 
United States or as Members of Congress, but shall be 
reimbursed for travel, subsistence, and other necessary 
expenses incurred in the performance of duties vested in the 
Commission.
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    \26\46 U.S.C. app. 1241n.
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DEFINITION OF UNITED STATES FLAG VESSEL ELIGIBLE TO CARRY CARGOES UNDER 
                            CERTAIN SECTIONS

    Sec. 901k.\11\,\27\ A United States flag vessel 
eligible to carry cargoes under sections 901b through 901d 
means a vessel, as defined in section 3 of title 1, United 
States Code, that is necessary for national security purposes 
and, if more than 25 years old, is within five years of having 
been substantially rebuilt and certified by the Secretary of 
Transportation as having a useful life of at least five years 
after that rebuilding.
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    \27\46 U.S.C. app. 1241o.
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          * * * * * * *
    Sec. 1111.\28\ (a) Authority To Guarantee Obligations for 
Eligible Export Vessels.--The Secretary may guarantee 
obligations for eligible export vessels--
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    \28\46 U.S.C. app. 1279d. Sec. 1355(a) of the National Defense 
Authorization Act for Fiscal Year 1994 (103-160; 107 Stat. 1811) added 
sec. 1111. Sec. 1355(b) of that Act further provided:
    ``(b) Implementation.--
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          ``(1) Initial designation of council members.--Each member of 
        the council established under section 1111(b) of the Merchant 
        Marine Act, 1936, as added by subsection (a), shall name a 
        designee for service on the council not later than 30 days 
        after the date of the enactment of this Act. Each such member 
        shall promptly notify the Secretary of Transportation of that 
        designation.
          ``(2) Designation of senior marad official.--Not later than 
        30 days after the date of the enactment of this Act, the 
        Secretary of Transportation shall designate a senior official 
        within the Maritime Administration to have the responsibility 
        and authority to carry out the terms and conditions set forth 
        under section 1111 of title XI the Merchant Marine Act, 1936, 
        as added by subsection (a). The Secretary shall make the 
        designation of that official known through a public 
        announcement in a national periodical.''.
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    Sec. 303 of the Fisheries Financing Act (title III of the 
Sustainable Fisheries Act; Public Law 104-297; 110 Stat. 3559 at 3615) 
added another sec. 1111, relating to fisheries financing and capacity 
reduction.
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          (1) in accordance with the terms and conditions of 
        this title applicable to loan guarantees in the case of 
        vessels documented under the laws of the United States; 
        or
          (2) in accordance with such other terms as the 
        Secretary determines to be more favorable than the 
        terms otherwise provided in this title and to be 
        compatible with export credit terms offered by foreign 
        governments for the sale of vessels built in foreign 
        shipyards.
    (b) Interagency Council.--
          (1) Establishment; composition.--There is hereby 
        established an interagency council for the purposes of 
        this section. The council shall be composed of the 
        Secretary of Transportation, who shall be chairman of 
        the Council, the Secretary of the Treasury, the 
        Secretary of State, the Assistant to the President for 
        Economic Policy, the United States Trade 
        Representative, and the President and Chairman of the 
        United States Export-Import Bank, or their designees.
    (2) Purpose of the council.--The council shall--
          (A) obtain information on shipbuilding loan 
        guarantees, on direct and indirect subsidies, and on 
        other favorable treatment of shipyards provided by 
        foreign governments to shipyards in competition with 
        United States shipyards; and
          (B) provide guidance to the Secretary in establishing 
        terms for loan guarantees for eligible export vessels 
        under subsection (a)(2).
    (3) Consultation with u.s. shipbuilders.--The council shall 
consult regularly with United States shipbuilders to obtain the 
essential information concerning international shipbuilding 
competition on which to set terms and conditions for loan 
guarantees under subsection (a)(2).
    (4) Annual Report.--Not later than January 31 of each year 
(beginning in 1995), the Secretary of Transportation shall 
submit to Congress a report on the activities of the Secretary 
under this section during the preceding year. Each report shall 
include documentation of sources of information on assistance 
provided by the governments of other nations to shipyards in 
those nations and a summary of recommendations made to the 
Secretary during the preceding year regarding applications 
submitted to the Secretary during that year for loan guarantees 
under this title for construction of eligible export vessels.
2. Executive Orders, Delegations of Authority and Reorganization Plans 
            Relating to Foreign Assistance and Arms Exports

     a. Administration of Foreign Assistance and Related Functions

  Executive Order 12163, September 29, 1979, 44 F.R. 56673, 22 U.S.C. 
2381 note, as amended by Executive Order 12226, July 22, 1980, 45 F.R. 
   49235; Executive Order 12321, September 14, 1981, 46 F.R. 46109; 
  Executive Order 12365, May 24, 1982, 47 F.R. 22933; Executive Order 
12423, May 26, 1983, 48 F.R. 24025; Executive Order 12458, January 14, 
 1984, 49 F.R. 1977; Executive Order 12500, January 24, 1985, 50 F.R. 
3733; Executive Order 12560, May 24, 1986, F.R. 19159; Executive Order 
    12608, September 9, 1987, 52 F.R. 34617; Executive Order 12620, 
 December 24, 1987, 52 F.R. 49135; Executive Order 12639, May 6, 1988, 
  53 F.R. 16691; Executive Order 12680, July 5, 1989, 54 F.R. 28995; 
Executive Order 12695, November 1, 1989, 54 F.R. 46589; Executive Order 
12738, December 14, 1990, 55 F.R. 52033; and by Executive Order 13030, 
                    December 12, 1996, 61 F.R. 66187

    By virtue of the authority vested in me by the Foreign 
Assistance Act of 1961, Reorganization Plan No. 2 of 1979, the 
International Development Cooperation Act of 1979, and section 
301 of title 3 of the United States Code, and as President of 
the United States, it is hereby ordered as follows:

    1-1. UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY

    1-101. Establishment of the United States International 
Development Cooperation Agency. Sections 1, 5, 6, and 8 of 
Reorganization Plan No. 2 of 1979 are declared effective and 
the United States International Development Cooperation Agency 
(hereinafter referred to as ``IDCA'') is hereby established.\1\
---------------------------------------------------------------------------
    \1\Executive Order 12147, July 19, 1979 (44 F.R. 42957), declared 
that secs. 2, 3, and 4 of Reorganization Plan No. 2 of 1979, providing 
for the offices of Director, Deputy Director and Associate Directors, 
were immediately effective.
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    1-102. Delegation of Functions. (a) Exclusive of the 
functions otherwise delegated, or reserved to the President, by 
this order, and subject to the provisions of this order, there 
are hereby delegated to the Director of IDCA (hereinafter 
referred to as the ``Director'') all functions conferred upon 
the President by:
          (1) the Foreign Assistance Act of 1961 (22 U.S.C. 
        2151 et seq.) (hereinafter referred to as the ``Act''); 
        except that the delegated functions under sections 
        116(e), 491(b), 491(c), 607, 627, 628, 630(3), and 666 
        of the Act shall be exercised in consultation with the 
        Secretary of State.\2\
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    \2\Sec. 1(1) of Executive Order 12738, December 14, 1990 (55 F.R. 
52033), added text after the semicolon.
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          (2) the Latin American Development Act (22 U.S.C. 
        1942 et seq.);
          (3) section 402 of the Mutual Security Act of 1954 
        (22 U.S.C. 1922);\3\
---------------------------------------------------------------------------
    \3\Sec. 402 of the Mutual Security Act of 1954 was repealed in 1996 
by sec. 228 of Public Law 104-127 (110 Stat. 963).
---------------------------------------------------------------------------
          (4) section 413(b) of the International Security 
        Assistance and Arms Export Control Act of 1976 (22 
        U.S.C. 2431); and section 709 of the ISDCA of 1985, 
        which authority shall be exercised in consultation with 
        the Secretary of State and the Secretary of Defense;
          (5)\4\ section 1205(b) of the International Security 
        and Development Cooperation Act of 1985 (hereinafter 
        referred to as the ``ISDCA of 1985'');\5\
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    \4\Sec. 1(2) of Executive Order 12738, December 14, 1990 (55 F.R. 
52033), struck out paragraphs (5), (6), and (7), which referred to 
title IV of the International Development Cooperation Act of 1979, 
secs. 903(b) and 709 of the International Security and Development 
Cooperation Act of 1985, respectively, and redesignated paragraphs (8) 
through (11) as paragraphs (5) through (8). Previously, sec. 1 of 
Executive Order 12560, May 24, 1986 (51 F.R. 19159), deleted paragraph 
(6) (which concerned sec. 533 of the Foreign Assistance and Related 
Programs Appropriations Act, 1985) and added new paragraphs (6), (7), 
(8), (9), and (10).
    \5\Sec. 1(3) of Executive Order 12738, December 14, 1990 (55 F.R. 
52033), restated paragraph (5) to delete reference to sec. 1210 of the 
ISDCA of 1985.
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          (6)\4\,\6\ section 535 of the Foreign 
        Operations, Export Financing, and Related Programs 
        Appropriations Act, 1990 (Public Law 101-167), to be 
        exercised by the Administrator of the Agency for 
        International Development within IDCA;
---------------------------------------------------------------------------
    \6\Sec. 1(4) of Executive Order 12738, December 14, 1990 (55 F.R. 
52033), amended paragraph (6), which formerly referred to sec. 536 of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Public Law 100-461).
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          (7)\4\,\7\ the first proviso under the 
        heading ``Population, Development Assistance'' 
        contained in Title II of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        1990 (Public Law 101-167), to be exercised by the 
        Administrator for the Agency for International 
        Development within IDCA;\8\
---------------------------------------------------------------------------
    \7\Sec. (1)(5) of Executive Order 12738, December 14, 1990 (55 F.R. 
52033), amended paragraph (7), which formerly referred to Public Law 
100-461, and struck out ``and'' at the end of the paragraph.
    \8\In a memorandum of February 16, 1995 (60 F.R. 10793), the 
President delegated this authority as follows:
    ``(B) the functions in the first proviso under the heading 
`Population Development Assistance,' contained in title II of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1995 (Public Law 103-306), and in comparable 
provisions in successor legislation, to the Secretary of State relating 
to those organizations and programs for which the Secretary of State 
has funding responsibility.''.
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          (8)\4\,\9\ section 572 of the Foreign 
        Operations, Export Financing, and Related Programs 
        Appropriations Act, 1989 (Public Law 100-461), to be 
        exercised by the Administrator of the Agency for 
        International Development within IDCA, with the 
        concurrence of the Development Coordination Committee, 
        as established by section 640B of the Act and as 
        provided for herein.
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    \9\Sec. 1 of Executive Order 12695, November 3, 1989 (54 F.R. 
46589) added par. (8), originally designated as par. (11).
---------------------------------------------------------------------------
          (9)\4\ section 514 of Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        1990 (Public Law 101-167), insofar as they related to 
        the authority contained in section 109 of the Act, to 
        exercised by the Administrator of the Agency for 
        International Development within the IDCA.
    (b)\10\ The Director shall exercise the functions of the 
President under sections 301(a), 301(e)(1),\11\ and 305 of the 
Act only insofar as they pertain to the United Nations 
Development Program, UNICEF, the Organization of American 
States Technical Assistance Funds, the United Nations Capital 
Development Fund, the United Nations Educational and Training 
Program for Southern Africa, the United Nations/Food and 
Agriculture Organization World Food Program, the Food and 
Agriculture Organization Post-Harvest Losses Fund, the United 
Nations Disaster Relief Organization, and any other 
international programs whose purpose is primarily 
developmental.
---------------------------------------------------------------------------
    \10\Sec. (2) of Executive Order 12738, December 14, 1990 (55 F.R. 
52033), struck out subsecs. (b) and (c): (b) referring to functions 
under secs. 116(e), 491(b), 491(c), 607, 627, 628, 630(3), and 666 of 
the Foreign Assistance Act of 1961, sec. 403(e) of the IDC Act of 1979, 
(c) referring to sec. 125(b) of the Foreign Assistance Act of 1961. 
Sec. (2) redesignated subsecs. (d), (e), (f), and (g) as subsecs. (b), 
(c), (d), and (e), respectively.
    \11\A reference to sec. 301(e)(3), which previously appeared at 
this point, was struck out by sec. 1(c) of Executive Order 12365, May 
24, 1982 (47 F.R. 22933).
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    (c)\10\ In carrying out the functions under section 653 of 
the Act that are delegated to the Director, the Director shall 
consult with the Director of the Office of Management and 
Budget.
    (d)\10\ To the extent practicable, the Director will 
exercise functions relating to Foreign Service personnel in a 
manner that will assure maximum compatibility among agencies 
authorized by law to utilize the Foreign Service personnel 
system. To this end he shall consult regularly with the 
Secretary of State.
    (e)\10\ In exercising functions under the Act arising from 
later-enacted amendments to any law specified in subsection (a) 
of this section that relate directly to matters of foreign 
policy, the Director shall consult with the Secretary of State 
to determine whether such function should more appropriately be 
exercised by the Secretary or reserved to the President.
    1-103. Agency for International Development. (a) The 
Director shall continue within IDCA the Agency for 
International Development, heretofore established in the 
Department of State.
    (b) The Agency for International Development shall be 
headed by an Administrator appointed pursuant to section 624(a) 
of the Act.
    (c) The officers provided for in section 624(a) of the Act 
shall serve in the Agency for International Development.
    1-104. Office of Small Business. The Office of Small 
Business provided for in section 602(b) of the Act shall be in 
the Agency for International Development.

                        1-2. DEPARTMENT OF STATE

    1-201. Delegation of Functions. (a) Subject to the 
provisions of this order, there are hereby delegated to the 
Secretary of State (hereafter in this Part referred to as the 
``Secretary'') all functions conferred upon the President by:
          (1) sections 239(g), 301(a), 301(c), 301(e)(1), 
        302(a)(1) as it relates to the Presidential 
        certification concerning the United Nations Relief and 
        Works Agency, section 305, of the Act;\12\
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    \12\References to secs. 301(b), 301(e)(3), and 302(a)(3), which 
previously appeared in this paragraph, were struck out by sec. 1(d) of 
Executive Order 12365, May 24, 1982 (47 F.R. 22933). References to 
secs. 481 and 502B, which previously appeared in this paragraph were 
struck out be sec. 3 of Executive Order 12560, May 24, 1986 (51 F.R. 
19159), which substituted the words ``section 305'' in lieu thereof, 
and added new pars. (26), (27), and (28). Pars. (26), (27), and (28) 
were subsequently renumbered as (24), (25), and (26) by sec. 30 of 
Executive Order 12608, Sept. 9, 1987 (52 F.R. 34617). Sec. 3 of 
Executive Order 12738, December 14, 1990 (55 F.R. 52033), further 
redesignated paragraphs (9) through (31) as (11) through (33).
---------------------------------------------------------------------------
          (2)\13\ section 451 of the Act;
---------------------------------------------------------------------------
    \13\Sec. (3) of Executive Order 12738, December 14, 1990 (55 F.R. 
52033), (1) redesignated paragraphs (2) through (8) as paragraphs (3) 
through (9), respectively; (2) redesignated paragraphs (9) through (31) 
as paragraphs (11) through (33), respectively; and (3) inserted new 
paragraphs (2) and (10). Previously paragraphs were redesignated by 
Executive Order 12608, Sept. 9, 1987 (52 F.R. 34617), Executive Order 
12560, May 24, 1986 (51 F.R. 19159), and Executive Order 12365, May 24, 
1982 (47 F.R. 22933).
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          (3)\13\ section 495F of the Act, insofar as they 
        relate to policy decisions pertaining to refugee 
        programs under such section;
          (4)\13\,\14\ section 505(a) relating to 
        other provisions which may be required by the 
        President, and sections 505 (d), (e), (f), and (g) of 
        the Act;
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    \14\Sec. 4 of Executive Order 12560, May 24, 1986 (51 F.R. 19159), 
restated par. (4), as redesignated from par. (3), and struck out the 
reference to sec. 504(a) and added the reference to sec. 505(f).
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          (5)\13\ section 505(a) (1) and (4) of the Act 
        relating to consent;
          (6)\13\ section 505(b) of the Act to the extent that 
        it pertains to countries that agree to the conditions 
        set forth therein;
          (7)\13\ chapter 4 of Part II of the Act, insofar as 
        they relate to policy decisions and justifications for 
        economic support programs under such chapter, including 
        determinations of whether there will be an economic 
        support program for a country and the amount of the 
        program for each country, and all functions conferred 
        by Section 534 of the Act.\15\ Such functions shall be 
        exercised in cooperation with the Director;
---------------------------------------------------------------------------
    \15\The words ``and all functions conferred by Section 534 of the 
Act'' were added by Executive Order 12620, December 24, 1987 (52 F.R. 
49135).
---------------------------------------------------------------------------
          (8)\13\ chapter 6 of part II of the Act;
          (9)\13\ section 601(b) (3), (4), and (6) of the Act;
          (10)\13\ section 604(a) of the Act, insofar as they 
        related to procurement under chapter 1 of part I and 
        chapter 4 of part II of the Act;
          (11)\13\ section 614(b) of the Act, except that the 
        function of determining which provisions of law should 
        be disregarded to achieve the purpose of the provision 
        is reserved to the President;
          (12)\13\ section 620 (c), (e), (f), (g), (j), (q), 
        and (s) of the Act;\16\
---------------------------------------------------------------------------
    \16\References to sec. 620 (b) and (i), which previously appeared 
in this paragraph, were struck out by sec. 1(e) of Executive Order 
12365, May 24, 1982 (47 F.R. 22933).
---------------------------------------------------------------------------
          (13)\13\section 620C(d) and (e), and sections 620G(b) 
        and 620H(b) as added by the Antiterrorism and Effective 
        Death Penalty Act of 1996, (Public Law 104-132)\17\ of 
        the Act, as well as section 573 of the Foreign 
        Operations, Export Financing, and Related Programs 
        Appropriations Act, 1994 (Public Law 103-87), section 
        563 of the Foreign Operations, Export Financing, and 
        Related Programs Appropriations Act, 1995 (Public Law 
        103-306), section 552 of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        1996 (Public Law 104-107), and similar provisions of 
        law;
---------------------------------------------------------------------------
    \17\Sec. 1 of Executive Order 12639, May 6, 1988 (53 F.R. 16691), 
added ``and (e)''. Sec. 1(a) of Executive Order 13030, December 12, 
1996 (61 F.R. 66187) added ``, and sections 620G(b) and 620H(b) as 
added by the Antiterrorism and Effective Death Penalty Act of 1996, 
(Public Law 104-132)'' before ``of''. Sec. 1(b) of that Order added 
references to the foreign assistance appropriations acts.
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          (14)\13\ section 625(d) of the Act, insofar as it 
        relates to personnel in the Department of State;
          (15)\13\ section 625(k)(1) of the Act;
          (16)\13\ section 634B of the Act, insofar as it 
        relates to functions delegated to the Secretary under 
        this order;
          (17)\13\ sections 617 and 653 of the Act, insofar as 
        they relate to chapter 8 of part I and part II of the 
        Act;
          (18)\13\,\18\ other provisions of the Act 
        that relate directly and necessarily to the conduct of 
        programs and activities vested in or delegated to the 
        Secretary;
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    \18\Sec. 6 of Executive Order 12560, May 24, 1986 (51 F.R. 19160), 
deleted the words ``other than chapter 4 thereof''.
---------------------------------------------------------------------------
          (19)\13\,\19\ section 8(d) of the Act of 
        January 12, 1971 (22 U.S.C. 2321b(d)); and
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    \19\Sec. (f) of Executive Order 12365, May 24, 1982 (47 F.R. 
22933), deleted original pars. (17) and (19) (which concerned sec. 657 
and 668 of the Foreign Assistance Act of 1961 and the Mutual Defense 
Assistance Control Act of 1951, respectively) and renumbered the 
remaining paragraphs accordingly.
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          (20)\13\ section 607 of the International Security 
        Assistance and Arms Export Control Act of 1976 (22 
        U.S.C. 2394a).
          (21)\13\,\20\ section 725 of the 
        International Security and Development Cooperation Act 
        of 1981;
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    \20\Pars. (21) and (22), as redesignated, were added by sec. 1(a) 
of Executive Order 12365, May 24, 1982 (47 F.R. 22933).
---------------------------------------------------------------------------
          (22)\13\,\20\ section 726 of the 
        International Security and Development Cooperation Act 
        of 1981;
          (23)\13\,\21\ Chapter 8 of Part II of the 
        Act, except that such functions shall be exercised 
        consistent with Section 573(d)(3) thereof;
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    \21\Par. (23), previously numbered (21), was added by sec. 1 of 
Executive Order 12458, Jan. 14, 1984 (49 F.R. 1977).
---------------------------------------------------------------------------
          (24)\13\,\22\ Section 402(b)(2) of Title 
        10 of the United States Code, which shall be exercised 
        in consultation with the Secretary of Defense.
---------------------------------------------------------------------------
    \22\Sec. 1 of Executive Order 12500, Jan. 24, 1985 (50 F.R. 3733), 
added par. (24), previously numbered (22). It was later amended by sec. 
5 of Executive Order 12560, May 24, 1986 (51 F.R. 19160). Sec. 1 of 
Executive Order 12639, May 6, 1988 (53 F.R. 16691), rewrote par. 22. It 
formerly read as follows:
    ``Sec. 1540 of the Department of Defense Authorization Act, 1985, 
(Public Law 98-525), as amended by section 306 of the Department of 
Defense Authorization Act, 1986 (Public Law 99-145), which shall be 
exercised in consultation with the Secretary of Defense.''.
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          (25)\13\ sections 207, 552(b), 611, 612(a), 617(c), 
        702(c), 703(a), 705 (b) and (c), 706, 722(j), 813(b) 
        and 1008 of the ISDCA of 1985;
          (26)\13\ chapter 8 of part I of the Act, except for 
        section 481(h), which is reserved to the President;
          (27)\13\ section 502B of the Act;\23\
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    \23\Sec. 1 of Executive Order 12639, May 6, 1988 (53 F.R. 16691), 
deleted ``and'' at this point, and rewrote par. (26), renumbered (27), 
adding reference to the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1988 (as enacted in Public Law 
100-202).
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          (28)\24\ sections 513, 538, 554, 559, 560, 561, 562, 
        564(c), 599C, and 599G(a)(3) of the Foreign Operations, 
        Export Financing, and Related Programs Appropriations 
        Act, 1990 (Public Law 101-167);
---------------------------------------------------------------------------
    \24\Sec. (4)(1) of Executive Order 12738, December 14, 1990 (55 
F.R. 52033), restated paragraphs (28) through (32), as redesignated by 
sec. (3)(2) of that Executive Order. Previously, sec. 5 of Executive 
Order 12639, May 6, 1988 (53 F.R. 16691), added par. (27), (28), and 
(29), renumbered as (29), (30), and (31).
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          (29)\24\ the second and third provisos under the 
        subheading ``Contribution to the International 
        Development Association'' under the heading ``Annual 
        Contributions to International Financial Institutions'' 
        contained in title I of the Foreign Operations, Export 
        Financing, and Related Programs Act, 1990 (Public Law 
        101-167), and section 548 of such Act, each of which 
        shall be exercised in consultation with the Secretary 
        of the Treasury;
          (30)\24\ the proviso relating to certain 
        expropriation claims of U.S. citizens in El Salvador 
        under the heading ``Economic Support Fund'' contained 
        in title II of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        1990 (Public Law 101-167);
          (31)\24\ the proviso relating to tied aid credits 
        under the heading ``Economic Support Fund'' contained 
        in title II of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        1990 (Public Law 101-167), which shall be exercised in 
        consultation with the Administrator of the Agency for 
        International Development within IDCA;
          (32)\25\ subsection (c)(2) under the heading 
        ``Foreign Military Sales Debt Reforms'' contained in 
        title III of the Foreign Operations, Export Financing, 
        and Related Programs Appropriations Act, 1988 (Public 
        Law 100-202), which shall be exercised in consultation 
        with the Secretary of Defense;
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    \25\Sec.(4)(1) of Executive Order 12738, December 14, 1990 (55 F.R. 
52033), restated paragraph (32), which previously had been added as 
paragraph (30) by sec. 3 of Executive Order 12680, July 5, 1989 (54 
F.R. 28995). That Executive Order also added paragraph (33), originally 
numbered (31).
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          (33)\25\ sections 4101(b), 4205(d), 4307(a), and 4309 
        of the Anti-Drug Abuse Act of 1988 (Public Law 100-
        690). The Secretary of State in implementing the 
        functions delegated to him under section 4205(d) shall 
        consult with the Secretary of Defense;\26\
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    \26\Sec. (4)(2) of Executive Order 12738, December 14, 1990 (55 
F.R. 52033), struck out ``.'' and inserted ``;'' at the end of par. 
(33), and added pars. (34), (35), and (36).
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          (34)\26\ section 512 of the Foreign Operations, 
        Export Financing, and Related Programs Appropriations 
        Act, 1990 (Public Law 101-167), which shall be 
        exercised in consultation with the President of the 
        Export-Import Bank of the United States;
          (35)\26\ section 581(a) and 581(c) of the Foreign 
        Operations, Export Financing, and Related Programs 
        Appropriations Act, 1990 (Public Law 101-167), which 
        shall be exercised in consultation with the Secretary 
        of Defense; and
          (36)\26\ section 12 of the International Narcotics 
        Control Act of 1989 (Public Law 101-231).
    (b) The functions under sections 239(g), 620(e), 
620(g),\27\ 620(j), 620(q), 620(s), and 625(k)(1) of the Act 
delegated to the Secretary shall be exercised in consultation 
with the Director.
---------------------------------------------------------------------------
    \27\A reference to sec. 620(i), which previously appeared at this 
point, was struck out by sec. 1(g) of Executive Order 12365, May 24, 
1982 (47 F.R. 22933).
---------------------------------------------------------------------------
    (c) The functions under section 653 of the Act delegated to 
the Secretary shall be exercised in consultation with the 
Secretary of Defense, insofar as they relate to functions under 
the Act administered by the Department of Defense, and the 
Director of the Office of Management and Budget.
    (d) The Secretary may redelegate to the Director or to any 
other officer or agency of the Executive branch functions 
delegated to the Secretary by this order.

                       1-3. DEPARTMENT OF DEFENSE

    1-301. Delegation of Functions. Subject to the provisions 
of this order, there are hereby delegated to the Secretary of 
Defense:
    (a) The functions conferred upon the President by Part II 
(except chapters 4, 6, and 8 thereof\28\ of the Act not 
otherwise delegated or reserved to the President.
---------------------------------------------------------------------------
    \28\The reference to ch. 8 was added by Executive Order 12458, Jan. 
14, 1984 (49 F.R. 1977).
---------------------------------------------------------------------------
    (b) To the extent that they relate to other functions under 
the Act administered by the Department of Defense, the 
functions conferred upon the President by sections 602(a), 
605(a), 625(a), 625(d)(1), 625(h), 627, 628, 630(3), 631(a), 
634B, 635(b) (except with respect to negotiation, conclusion, 
and termination of international agreements), 635(d), 635(g), 
and 636(i) of the Act.\29\
---------------------------------------------------------------------------
    \29\Sec. 1 of Executive Order 12423, May 26, 1983 (48 F.R. 24025), 
added the reference to sec. 636(i).
---------------------------------------------------------------------------
    (c) Those functions under section 634A of the Act, to the 
extent they relate to notifications to the Congress concerning 
changes in programs under part II of the Act (except chapters 
4, 6, and 8 thereof)\28\ and under the Arms Export Control Act, 
as amended,\30\ subject to prior consultation with the 
Secretary of State.
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    \30\The reference to the Arms Control Export Act, as amended, was 
added by sec. 8 of Executive Order 12560, May 24, 1986 (51 F.R. 19160).
---------------------------------------------------------------------------
    (d) The functions under sections 627, 628, and 630(3) of 
the Act delegated to the Secretary of Defense shall be 
exercised in consultation with the Secretary of State.
    (e)\31\ Those functions conferred upon the President under 
section 616 of the ISDCA of 1985.
---------------------------------------------------------------------------
    \31\Par. (e) was added by sec. 7 of Executive Order 12560, May 24, 
1986 (51 F.R. 19160).
---------------------------------------------------------------------------
    (f)\32\ The functions conferred upon the President under 
section 573 and section 581(b)(2) of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1990 
(Public Law 101-167).
---------------------------------------------------------------------------
    \32\Sec. 6 of Executive Order 12639, May 6, 1988 (53 F.R. 16691), 
added subsec. (f). Sec. 5 of Executive Order 12738, December 14, 1990 
(55 F.R. 52033), updated reference to current Foreign Operations 
Appropriations Act.
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    (g)\33\ The functions conferred upon the President under 
section 3 of the International Narcotics Control Act of 1989 
(Public Law 101-231), which shall be exercised in consultation 
with the Secretary of State.
---------------------------------------------------------------------------
    \33\Sec. 5(2) of Executive Order 12738, December 14, 1990 (55 F.R. 
52033), added subsec. (g).
---------------------------------------------------------------------------
    1-302. Reports and Information. In carrying out the 
functions under section 514 of the Act delegated to him by 
section 301 of this order, the Secretary of Defense shall 
consult with the Secretary of State.

      1-4. INSTITUTE FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION

    1-401. Establishment of Institute for Scientific and 
Technological Cooperation. There is established within IDCA the 
Institute for Scientific and Technological Cooperation 
(hereinafter referred to as the Institute).
    1-402. Establishment of the Council on International 
Scientific and Technological Cooperation. There is established 
the Council on International Scientific and Technological 
Cooperation pursuant to section 407(a) of the IDC Act of 1979.
    1-403. There are hereby established two additional 
positions in the Institute pursuant to section 406(c) of the 
IDC Act of 1979. The officers appointed to these positions 
shall perform such duties and exercise such powers as the 
Director of the Institute may prescribe.

                          1-5. OTHER AGENCIES

    1-501. Department of the Treasury. (a) There are delegated 
to the Secretary of the Treasury the functions conferred upon 
the President by:
          (1)\34\ section 305, insofar as it relates to the 
        International Bank for Reconstruction and Development, 
        the International Development Association, the 
        International Finance Corporation, the Inter-American 
        Development Bank, the Asian Development Bank, the 
        African Development Fund, and the International 
        Monetary Fund;
---------------------------------------------------------------------------
    \34\Sec. 1(h) of Executive Order 12365, May 24, 1982 (47 F.R. 
22933), struck out par. (1) (which concerned sec. 301(e)(3) of the 
Foreign Assistance Act of 1961) and renumbered the remaining paragraphs 
accordingly.
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          (2)\34\ the second sentence of section 612(a) of the 
        Act; and
          (3)\34\ section 502 of the Mutual Security Act of 
        1954 (22 U.S.C. 1754).
    (b) The Secretary of the Treasury shall continue to 
administer any open special foreign country accounts 
established pursuant to former section 514 of the Act as 
enacted by section 201(f) of Public Law 92-226 (86 Stat. 25) 
and repealed by Section 12(b)(5) of Public Law 93-189 (87 Stat. 
722).
    (c) The functions under section 305 of the Act delegated to 
the Secretary of the Treasury shall be exercised in 
consultation with the Director, as provided in Executive Order 
No. 11269 of February 14, 1966, as amended.
    1-502. Department of Commerce. There is hereby delegated to 
the Secretary of Commerce so much of the functions conferred 
upon the President by section 601(b)(1) of the Act as consists 
of drawing the attention of private enterprise to opportunities 
for investment and development in less developed friendly 
countries and areas.
    1-503. Office of Personnel Management. There is hereby 
delegated to the Director of the Office of Personnel Management 
the function of prescribing regulations conferred upon the 
President by the proviso contained in section 625(b) of the 
Act.
    1-504. International Communication Agency. The 
International Communication Agency shall perform all public 
information functions abroad with respect to the foreign 
assistance, aid, and development programs of the United States 
Government.
    1-505. Development Loan Committee. There is hereby 
established a Development Loan Committee in accordance with 
section 122(e) of the Act which shall consist of the Director 
of IDCA, who shall be Chairman, the Administrator of the Agency 
for International Development, the Chairman of the Board of 
Directors of the Export-Import Bank of the United States, the 
Assistant Secretary of State for Economic Affairs, the 
Assistant Secretary of the Treasury dealing with international 
finance, the Assistant Secretary of Commerce for Industry and 
Trade, and the officer of the Agency for International 
Development dealing with development financing.
    1-506. Development Coordination Committee. (a) In 
accordance with section 640B of the Act, there is hereby 
established a Development Coordination Committee (hereinafter 
referred to as the Committee). The Committee shall consist of 
the Director of IDCA, who shall be Chairman; the Administrator 
of the Agency for International Development, the Director of 
the Institute for Scientific and Technological Cooperation; the 
Under Secretary of State for Economic Affairs; the Under 
Secretary of the Treasury for Monetary Affairs; the Under 
Secretary of Commerce; the Under Secretary of Agriculture; the 
Under Secretary of Labor; the Under Secretary of Energy; a 
Deputy Special Representative for Trade Negotiations; an 
Associate Director of the Office of Management and Budget; a 
representative of the Assistant to the President for National 
Security Affairs; the President of the Export-Import Bank of 
the United States; the Director of the Peace Corps;\35\ and the 
President of the Overseas Private Investment Corporation.
---------------------------------------------------------------------------
    \35\The Peace Corps was added to the membership of the Development 
Coordination Committee by Executive Order 12226, July 22, 1980 (45 F.R. 
49235).
---------------------------------------------------------------------------
    (b) Whenever matters within the jurisdiction of the 
Committee may be of interest to Federal agencies not 
represented on the Committee under subsection (a) of this 
section, the Chairman of the Committee may consult with such 
agencies and may invite them to designate representatives to 
participate in meetings and deliberations of the Committee.
    (c) The Chairman of the Committee may establish 
subcommittees of the Committee and designate the chairman 
thereof.
    (d) Subject to the foreign policy guidance of the Secretary 
of State, the Committee shall advise the President with respect 
to coordination of United States policy and programs affecting 
the development of developing countries, including programs of 
bilateral and multilateral development assistance.
    (e) All agencies and officers of the Government shall keep 
the Committee informed in necessary detail as to the policies, 
programs and activities referred to in subsection (d) of this 
section.
    (f) Nothing herein shall be deemed to derogate from the 
responsibilities of the Secretary of State or the Secretary of 
the Treasury, or from responsibilities vested elsewhere by law 
or other Executive Orders.

 1-6. ADDITIONAL DELEGATIONS AND LIMITATIONS OF AUTHORITY; CONSULTATION

    1-601. General Delegation of Functions. There are hereby 
delegated to the heads of agencies having responsibilities for 
carrying out the provisions of the Act all functions conferred 
upon the President by:
          (a) section 654 (except as reserved to the 
        President); and
          (b) those provisions of acts appropriating funds 
        under the authority of the Act that relate to the Act, 
        or other acts authorizing such funds, insofar as they 
        relate to the functions delegated by this order.
    1-602. Personnel. (a) In carrying out the functions 
conferred upon the President by the provisions of section 
625(d)(1) of the Act, and by this order delegated to the 
Director of IDCA, the Director shall authorize such of the 
agencies that administer programs under the Act as he may deem 
appropriate to perform any of the functions under section 
625(d)(1) of the Act to the extent that the said functions 
relate to the programs administered by the respective agencies.
    (b) Persons appointed, employed, or assigned after May 19, 
1959, under section 527(c) of the Mutual Security Act of 1954 
or section 625(d) of the Act for the purpose of performing 
functions under such Acts outside the United States shall not, 
unless otherwise agreed by the agency in which such benefits 
may be exercised, be entitled to the benefits provided by 
section 528 of the Foreign Service Act of 1946 in cases in 
which their service under the appointment, employment, or 
assignment exceeds thirty months.
    1-603. Special Missions and Staffs Abroad. The maintenance 
of special missions or staffs abroad, the fixing of the ranks 
of the chiefs thereof after the chiefs of the United States 
diplomatic missions, and the authorization of the same 
compensation and allowances as the chief of mission, class 3 
and class 4, within the meaning of the Foreign Service Act of 
1946 (22 U.S.C. 801 et sec.), all under section 631 of the Act, 
shall be subject to the approval of the Secretary of State.
    1-604. International Agreements. The negotiation, 
conclusion, and termination of international agreements 
pursuant to the Act, title IV of the IDC Act of 1979, or 
section 402 of the Mutual Security Act of 1954\36\ shall be 
subject to the requirements of 1 U.S.C. 112b and to applicable 
regulations and procedures.
---------------------------------------------------------------------------
    \36\Sec. 402 of the Mutual Security Act of 1954 was repealed in 
1996 by sec. 228 of Public Law 104-127 (110 Stat. 963).
---------------------------------------------------------------------------
    1-605. Interagency Consultation. Each officer to whom 
functions are delegated by this order, shall, in carrying out 
such functions, consult with the heads of other departments and 
agencies, including the Director of the Office of Management 
and Budget, on matters pertaining to the responsibilities of 
departments and agencies other than his or her own.

                        1-7. RESERVED FUNCTIONS

    1-701. Reservation of Functions to the President. There are 
hereby excluded from the functions delegated by the foregoing 
provisions of this order:
    (a) The functions conferred upon the President by sections 
122(e), 298(a),\37\ 504(b), 613(a), 614(a), 620(a), 620(d), 
620(x), 620A, 620C(c), 621(a), 622(b), 622(c), 633(a), 633(b), 
640B, 662(a), and 663(b) of the Act.
---------------------------------------------------------------------------
    \37\Sec. 6(1) of Executive Order 12738, December 14, 1990 (55 F.R. 
52033), struck out ``451'' here.
---------------------------------------------------------------------------
    (b) The functions conferred upon the President by sections 
402, 405(a), 406 and 407 of the IDC Act of 1979.
    (c) The functions conferred upon the President by the Act 
and section 408(b) of the Mutual Security Act of 1954 with 
respect to the appointment of officers required to be appointed 
by and with the advice and consent of the Senate and with 
respect to the appointment of officers pursuant to sections 
233(b) and 624(c) of the Act.
    (d)\38\ The functions conferred upon the President with 
respect to determinations, certifications, directives, or 
transfers of funds, as the case may be, by sections 303, 
465(b), 481(h), 505(d)(2)(A), 505(d)(3), 506(a), 552(c), 
552(e), 610, 614(c), 620E, 632(b), 633A, 663(a), 669(b)(1), 
670(a), 670(b)(2), and 670(b)(3) of the Act; those under 
section 604(a) of the Act except insofar as they related to 
procurement under chapter 1 of part I and chapter 4 of part II.
---------------------------------------------------------------------------
    \38\Sec. 6(2) restated subsec. (d), and added the text following 
the semicolon. Sec. 7 of Executive Order 12639, May 6, 1988 (53 F.R. 
16691), deleted ``(2)'' following sec. 670(a). References to secs. 
465(b), 552(c), and 552(e) were added by sec. 9 of Executive Order 
12560, May 24, 1986 (51 F.R. 19160). Sec. 3 of Executive Order 12500, 
Jan. 24, 1985 (50 F.R. 3733), inserted the reference to section 481(h) 
in lieu of a reference to 481(a). Sec. 1(b) of Executive Order 12365, 
May 24, 1982 (47 F.R. 22933), deleted references to sec. 659 and 
670(b)(1), and added the references to sec. 620E, 670(a)(2), 670(b)(2), 
and 670(b)(3). A reference to sec. 515(f) was deleted by sec. 1 of 
Executive Order 12321, Sept. 14, 1981 (46 F.R. 46109).
---------------------------------------------------------------------------
    (e) The following-described functions conferred upon the 
President:
          (1) Those under section 503(a) that relate to 
        findings: Provided, That the Secretary of State, in the 
        implementation of the functions delegated to him under 
        sections 505(a)(1), (a)(4), and (e) of the Act, is 
        authorized to find, in the case of a proposed transfer 
        of a defense article or related training or a related 
        defense service by a foreign country or international 
        organization to a foreign country or international 
        organization not otherwise eligible under section 
        503(a) of the Act, whether the proposed transfer will 
        strengthen the security of the United States and 
        promote world peace.
          (2) Those under section 505(b) in respect of 
        countries that do not agree to the conditions set forth 
        therein.
          (3) That under section 614(b) with respect to 
        determining any provisions of law to be disregarded to 
        achieve the purpose of that section.
          (4) That under the second sentence of section 654(c) 
        with respect to the publication in the Federal Register 
        of any findings or determination reserved to the 
        President: Provided, That any officer to whom there is 
        delegated the function of making any finding or 
        determination within the purview of section 654(a) is 
        also authorized to reach the conclusion specified in 
        performance of the function delegated to him.
    (f)\39\ That under section 523(d) of the Mutual Security 
Act of 1954 (22 U.S.C. 1783(d)).
---------------------------------------------------------------------------
    \39\Sec. 1(i) of Executive Order 12365, May 24, 1982 (47 F.R. 
22933), struck out subsec. (f), which contained references to sec. 
103(b) (first proviso), 104, and 203 of the Mutual Defense Assistance 
Control Act of 1951, and renumbered the remaining subsections 
accordingly.
---------------------------------------------------------------------------
    (g)\40\ Those under sections 130, 131, 504 and 505 of the 
ISDCA of 1985.
---------------------------------------------------------------------------
    \40\Subsec. (g), originally added as subsec. (h), was amended and 
restated by sec. 10 of Executive Order 12560, May 24, 1986 (51 F.R. 
19160). Previously, this subsec. made reference to sec. 607 of the 
Foreign Assistance and Related Programs Appropriations Act, 1979. Sec. 
7 of Executive Order 12639, May 6, 1988 (53 F.R. 16691), deleted the 
following text from the end of this paragraph: ``and under section 529 
of the Foreign Assistance and Related Programs Appropriations Act, 
1986''.
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    1-702. Subsequent Amendments. Functions conferred upon the 
President by subsequent amendments to the Act are delegated to 
the Director only insofar as they do not relate directly and 
necessarily to the conduct of programs and activities that 
either the President or an agency other than IDCA is authorized 
to administer pursuant to express reservation or delegation of 
authorities in a statute or in this or another Executive Order.

                               1-8. FUNDS

    1-801. Allocation of Funds. Funds appropriated or otherwise 
made available to the President for carrying out the Act shall 
be deemed to be allocated without any further action of the 
President, as follows:
    (a) There are allocated to the Director (1) all funds made 
available for carrying out the Act except those made available 
for carrying out Part II of the Act (other than chapter 4 
thereof), section 481 of the Act, and section 637(b) of the 
Act, and (2) all funds made available for carrying out title IV 
of the IDC Act of 1979.
    (b) There are allocated to the Secretary of Defense funds 
made available for carrying out Part II of the Act (except 
chapters 4, 6, and 8 thereof).
    (c) There are allocated to the Secretary of State funds 
made available for carrying out sections 481 and 637(b) and 
chapters 6 and 8 of Part II of the Act.\28\
    1-802. Reallocation of Funds. The Director of IDCA, the 
Secretary of Defense, and the Secretary of State may allocate 
or transfer as appropriate any funds received under subsections 
(a), (b), and (c), respectively of section 1-801 of this order, 
to any agency or part thereof for obligation or expenditure 
thereby consistent with applicable law.

                        1-9. GENERAL PROVISIONS

    1-901. Definition. As used in this order, the word 
``function'' includes any duty, obligation, power, authority, 
responsibility, right, privilege, discretion, or activity.
    1-902. References to Orders and Acts. Except as may for any 
reason be inappropriate:
    (a) References in this order or in any other Executive 
Order to (1) the Foreign Assistance Act of 1961 (including 
references herein to ``the Act''), (2) unrepealed provisions of 
the Mutual Security Act of 1954, or (3) any other act that 
relates to the subject of this order shall be deemed to include 
references to any subsequent amendments thereto.
    (b) References in any prior Executive Order to the Mutual 
Security Act of 1954 or any provisions thereof shall be deemed 
to be references to the Act or the corresponding provision, if 
any, thereof.
    (c)\41\ References in this order to provisions of any Act, 
and references in any other Executive Order or in any 
memorandum delegation to provisions of any Act related to the 
subject of this order shall be deemed to include references to 
any hereafter-enacted provision of law that is the same or 
substantially the same as such provisions, respectively.
---------------------------------------------------------------------------
    \41\Sec. 4 of Executive Order 12500, Jan. 24, 1985 (50 F.R. 3733), 
amended and restated subsec. (c).
---------------------------------------------------------------------------
    (d) References in this order or in any other Executive 
Order to this order or to any provision thereof shall be deemed 
to include references thereto, respectively, as amended from 
time to time.
    (e) References in any prior Executive Order not superseded 
by this order to any provisions of any Executive Order so 
superseded shall hereafter be deemed to be references to the 
corresponding provisions, if any, of this order.
    1-903. Prior Executive Orders. (a) The following are 
revoked:
          (1) Executive Order No. 10973 of November 3, 1961, as 
        amended;
          (2) section 2(a) of Executive Order No. 11579 of 
        January 19, 1971; and
          (3) Executive Order No. 10893 of November 8, 1960.
    (b) The following are amended:* * *
    (c) Any reference in any other Executive Order to the 
Agency for International Development or the Administrator 
thereof shall be deemed to refer also to the International 
Development Cooperation Agency or the Director thereof, 
respectively.
    (d) As authorized by section 403(c) of the IDC Act of 1979, 
the reference in Executive Order No. 11223 of May 12, 1965 to 
``the performance of functions authorized by this Act'' shall 
be deemed to include the performance of functions authorized by 
section 403 of the IDC Act of 1979.
    1-904. Saving Provisions. Except to the extent inconsistent 
with this order, all delegations of authority, determinations, 
authorizations, regulations, rulings, certificates, orders, 
directives, contracts, agreements, and other actions made, 
issued, or entered into with respect to any function affected 
by this order and not revoked, superseded, or otherwise made 
inapplicable before the date of this order, shall continue in 
full force and effect until amended, modified, or terminated by 
appropriate authority.
    1-905. Effective Date. The provisions of this order shall 
become effective as of October 1, 1979.
          b. State Department Delegation of Authority No. 145

State Department Delegation of Authority No. 145, February 4, 1980, 45 
 F.R. 11655, as amended by Delegation of Authority No. 145-1, July 15, 
  1980, 45 F.R. 51974; Delegation of Authority No. 145-2, February 4, 
  1984, 49 F.R. 7018; Delegation of Authority No. 145-4, February 19, 
1986, 41 F.R. 5942; Delegation of Authority 145-5, January 22, 1988, 53 
 F.R. 5072; Delegation of Authority 145-6, February 23, 1988, 53 F.R. 
   8540; Delegation of Authority 145-7, July 1, 1991, 56 F.R. 34088; 
 Delegation of Authority 145-8, June 29, 1993; Delegation of Authority 
 145-9, May 5, 1994; Delegation of Authority 145-10, June 30, 1994, 59 
 F.R. 33812; Delegation of Authority 145-11, October 24, 1994, 59 F.R. 
   54668; Delegation of Authority 145-13, May 16, 1996, 61 F.R. 25727

        Foreign Assistance Act of 1961 and Certain Related Acts

                        DELEGATION OF AUTHORITY

    By virtue of the authority vested in me by the Foreign 
Assistance Act of 1961, as amended, 22 U.S.C. 2151 et seq. 
(hereinafter ``the Act''), Executive Order No. 12163 of 
September 29, 1979, 44 F.R. 56673 (hereinafter ``the Order''), 
and section 4 of the Act of May 26, 1949 (63 Stat. 111, 22 
U.S.C. 2658), the following functions are hereby delegated:

Section 1. Functions Delegated to Officers of the Department of State

    The following functions are delegated to officers of the 
Department of State as indicated:
    (a) To the Under Secretary for Arms Control and 
International Security Affairs:\1\
---------------------------------------------------------------------------
    \1\Department of State Delegation of Authority, June 10, 1994 (59 
F.R. 33812), struck out ``Under Secretary for Security Assistance, 
Science and Technology'', and inserted in lieu thereof ``Under 
Secretary for Arms Control and International Security Affairs''.
---------------------------------------------------------------------------
    (1) Exclusive of the functions reserved to the Secretary of 
State herein or otherwise delegated, the functions conferred 
upon the Secretary by section 1-201 of the order insofar as 
such functions relate to programs under part II of the Act 
(including chapters 4 and 6 thereof), and by Executive Order 
11958 of January 18, 1977 (42 F.R. 4311), relating to sales and 
exports under the Arms Export Control Act (22 U.S.C. 2751 et 
seq.).
    (2) Subject to section 3(a) of this delegation of 
authority, the functions conferred upon the Secretary of State 
by sections 531(a)(2) and 622(c) of the Act and by section 2(b) 
of the Arms Export Control Act relating to continuous 
supervision and general direction of economic assistance and 
military assistance and sales programs and exports, including, 
but not limited to, whether there shall be an economic support 
program for a country and the amount thereof, a military 
assistance program for a country and the value thereof or a 
military sale to a country and the amount thereof, and whether 
there shall be delivery or other performance under such 
program, sale or export, to the end that such programs, sales 
and exports are effectively integrated both at home and abroad 
and the foreign policy of the United States is best served 
thereby.
    (3) The functions conferred upon the Secretary of State 
by--
          (A) sections 39 and 42(b) of the Arms Export Control 
        Act,
          (B) section 504 of the Foreign Relations 
        Authorization Act, fiscal year 1979 (22 U.S.C. 
        2656d),\2\
---------------------------------------------------------------------------
    \2\Department of State Delegation of Authority No. 145-13, May 16, 
1996 (61 F.R. 25727), struck out ``and'' at the end of subpara. (B), 
struck out a period at the end of subpara. (C) and added ``, and'', and 
added subpara. (D).
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          (C)\3\ section 1454 of the Department of Defense 
        Authorization Act, 1986 (PL 99-145, 10 U.S.C. 2547), 
        and (to the extent not otherwise expressly delegated or 
        reserved) other authorities and responsibilities of the 
        Secretary of State relating to the provision of 
        Department of Defense equipment or services for 
        humanitarian purposes, and\2\
---------------------------------------------------------------------------
    \3\Subparagraph (C) was added by State Department Delegation of 
Authority 145-6, February 23, 1988 (53 F.R. 8540).
---------------------------------------------------------------------------
          (D) Section 1324(a) of Title XIII of the Defense 
        Authorization Act, 1996 (Public Law 104-106).
    (4) The functions conferred on the President by--
          (A) section 8(d) of the act of January 12, 1971 (22 
        U.S.C. 2321b(d)); and
          (B) section 607 of the International Security 
        Assistance and Arms Export Control Act of 1976 (22 
        U.S.C. 2394a).
          (C)\4\ Section 1540(b)(1)(A) of the Department of 
        Defense Authorization Act, 1985, (Pub. L. 98-525), who 
        shall exercise such function in consultation with the 
        Secretary of Defense.
---------------------------------------------------------------------------
    \4\Subpar. (C) was added by State Department Delegation of 
Authority No. 145-4, February 19, 1986 (51 F.R. 5942).
---------------------------------------------------------------------------
    (5) The function of consultation, pursuant to the order and 
Executive Order 11958, with the Secretary of Defense, the 
Director of the Office of Management and Budget and the 
Director of the International Development Cooperation Agency 
(hereinafter ``IDCA'').
    (6)\5\ The functions conferred on the Secretary of State by 
sections 1701-1703 of the National Defense Authorization Act 
for Fiscal Year 1991 (NDAA) (Public Law 101-510; 50 U.S.C. App. 
2402 note, 2405, 2410(b); 22 U.S.C. 2797-2797c), and all 
functions conferred on the President by sections 1701-1703 of 
the NDAA; sections 303, 324, and 401-405 of the Foreign 
Relations Authorization Act, fiscal Years 1992 and 1993 (Public 
Law 102-138); sections 305, 306, 308, and all of sections 307 
with the exception of subsection 307(b)(2)(F)(ii), of the 
Chemical and Biological Weapons Control and Warfare Elimination 
Act of 1991 (Public Law 102-182; 50 U.S.C. App. 2410c; 22 
U.S.C. 2798, 5604-5606); sections 241 and 1097 of the National 
Defense Authorization Act for Fiscal Years 1992 and 1993 
(Public Law 102-190); and section 1364 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484), to 
the extent that such functions were delegated to the Secretary 
of State pursuant to Executive Order 12851 of June 11, 1993.
---------------------------------------------------------------------------
    \5\Department of State Delegation of Authority No. 145-7, July 1, 
1991 (56 F.R. 34088), added para. (6) to confer functions assigned to 
the President by title XVII of the National Defense Authorization Act 
for Fiscal Year 1991 to the Secretary of State. Paragraph (6) was 
amended and restated by Delegation of Authority No. 145-8 of June 29, 
1993. The current text was added by Delegation of Authority No. 145-10, 
June 10, 1994 (59 F.R. 33812).
---------------------------------------------------------------------------
    (7)\6\ The functions conferred on the Secretary of State by 
section 374 of Title 10, United States Code and other 
authorities and responsibilities of the Secretary of State 
related to the provision of Department of Defense equipment and 
services for narcotics-related purposes.
---------------------------------------------------------------------------
    \6\Department of State Delegation of Authority No. 145-10, June 10, 
1994 (59 F.R. 33812), amended and restated paras. (6) and (8), and 
added new paras. (7) and (9).
---------------------------------------------------------------------------
    (8)\7\ The functions specified in sections 504 and 508\8\ 
of the FREEDOM Support Act (22 U.S.C. 5801 et seq.) and Title 
III of the Foreign Operations, Export Financing, and Related 
Programs Act, 1994 (Public Law 103-87) relating to the 
Nonproliferation and Disarmament Fund, to the extent that such 
functions were delegated to the Secretary of State pursuant to 
the Presidential Memorandum Delegation of Authority dated April 
21, 1994.
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    \7\Department of State Delegation of Authority No. 145-10, June 10, 
1994 (59 F.R. 33812) added para. (8).
    \8\Department of State Delegation of Authority No. 145-13, May 16, 
1996 (61 F.R. 25727), added reference to sec. 508.
---------------------------------------------------------------------------
    (9)\6\ The function specified in section 5 of the United 
Nations Participation Act of 1945, as amended (22 U.S.C. 287c), 
relating to the implementation of United Nations arms 
embargoes, to the extent that such functions were delegated to 
the Secretary of State by Executive Order 12918 of May 26, 
1994.
    (11)\9\ The functions specified in the Iran-Iraq Arms Non-
Proliferation Act of 1992 (Public Law 102-484), to the extent 
that such functions were delegated to the Secretary of State 
pursuant to Presidential Memorandum Delegation of Authority 
dated September 27, 1994.
---------------------------------------------------------------------------
    \9\Department of State Delegation of Authority No. 145-11, October 
24, 1994 (59 F.R. 54668) added para. (11).
---------------------------------------------------------------------------
    (b) To the Under Secretary for Management:
    (1) The function of consultation with the Director of IDCA 
under the Order with respect to maximum compatibility in the 
administration of the Foreign Service personnel system.
    (2) The function conferred on the Secretary of State by 
section 514 of the Mutual Security Act of 1954 (22 U.S.C. 
1766).
    (c) To the Assistant Secretary for Economic and Business 
Affairs:
    (1)\10\ Those functions conferred upon the Secretary of 
State by sections 5(k) and 6(k) of the Export Administration 
Act of 1979 (50 U.S.C. App. 2404(k), 2405(k)) and the functions 
under sections 5(f)(4), 5(i), and 6(g) of such Act conferred 
upon the Secretary of State by section 1-102(b) of Executive 
Order 12214 of May 2, 1980, 45 F.R. 29783, relating to 
negotiations with other countries, subject to the concurrences 
required by the Department of State Circular 175 Procedure.
---------------------------------------------------------------------------
    \10\The amendments of July 15, 1980 (45 F.R. 51974) added all the 
functions listed under par. (1) except for those under sec. 5(k) of the 
Export Administration Act of 1979.
---------------------------------------------------------------------------
    (2) Those functions conferred upon the President by section 
601(b)(6) of the act.
    (3) The function conferred upon the Secretary of State by 
section 3(b) of Executive Order 10900 of January 5, 1961 (26 
F.R. 143) of insuring that all functions exercised under the 
Agricultural Trade Development and Assistance Act of 1954 (7 
U.S.C. 1701 et seq.) are consistent with the foreign policy of 
the United States.
    (d) To the Assistant Secretary for International 
Organization Affairs:
    Those functions conferred upon the President by sections 
301(a), 301(b), 301(c), 301(e)(1), 301(e)(3), 302(a)(1) as it 
relates to the Presidential certifications concerning the 
United Nations Relief and Works Agency 302(a)(3), and 305 of 
the act.
    (e) To the Assistant Secretaries:
    Principal responsibility consistent with section I-604 of 
the order for concurrence of the Department of State, with the 
approval of the legal adviser and in accordance with the 
Circular 175 Procedure, in the negotiation, conclusion and 
termination of international agreements relevant to their 
respective areas of responsibility by IDCA and its component 
agencies pursuant to international agreement authorities 
conferred upon IDCA and its component agencies by statute, 
reorganization plan, Executive Order, or delegation of 
authority.
    (f) To the legal adviser:
    (1) Those functions conferred upon the President by 
sections 601(b)(3), 601(b)(4), and 620(e)(2) of the act.
    (2) Responsibility for insuring compliance with the Case 
Act (1 U.S.C. 112b) and applicable regulations and procedures, 
including the Circular 175 Procedure, with respect to 
international agreements.
    (g) To the Assistant Secretary for International Narcotics 
Matters:
    (1) Those functions conferred upon the President by section 
481 of the act, together with all those authorities contained 
in the act, to the extent necessary or appropriate to 
accomplish the purpose of section 481 of the act: Provided, 
That Department of State procurement for the International 
Narcotics Control Program shall be carried out in accordance 
with Department of State Procurement Regulations (41 CFR 
Chapter 6).
    (2) Those functions conferred upon the Secretary of state 
by the determination of the President pursuant to section 
604(a) of the act, dated October 18, 1961 (26 F.R. 10543), and 
by section 4 of the Executive Order 11223 of May 12, 1965 (30 
F.R. 6635).
    (3) The functions of negotiating, concluding and 
terminating international agreements relating to international 
narcotics control programs subject to the concurrences required 
by the Circular 175 Procedure.
    (h) To the Coordinator for Refugee Affairs:
    Those functions conferred upon the President by section 
495F and by Chapter 4 of part II of the act insofar as they 
relate to refugees, together with all those authorities 
contained in the act, to the extent necessary or appropriate to 
accomplish such purposes of section 495F and of chapter 4 of 
part II.
    (i)\11\ To the Director of the Office for Combatting 
Terrorism:
---------------------------------------------------------------------------
    \11\The amendments of February 4, 1984 (49 F.R. 7018) added subsec. 
(i). Such amendments further stated that ``Actions within the scope of 
this delegation heretofore taken by the official designated in such 
delegation are hereby ratified and confirmed.''
---------------------------------------------------------------------------
    Those functions conferred upon the President by Chapter 8 
of Part II of the act, together with all those authorities 
contained in the act, to the extent necessary or appropriate to 
accomplish the purposes of Chapter 8 of Part II of the act, 
except that such functions shall be exercised consistent with 
Section 573(d)(3) thereof.
    (j)\12\ To the Assistant Secretary for Inter-American 
Affairs:
---------------------------------------------------------------------------
    \12\Subsec. (j) was added by State Department Delegation of 
Authority 145-5, January 22, 1988 (53 F.R. 5072).
---------------------------------------------------------------------------
    Those functions conferred upon the President by section 
534(b)(3) of the Act, to be exercised in cooperation with the 
Administrator of the Agency for International Development 
within the International Development Cooperation Agency, 
together with authorities under other provisions in chapter 4 
of part II or part III of the Act which may be necessary to 
implement such functions.

Section 2. Functions Delegated to Other Agencies

    (a)\13\ The functions conferred on the President by section 
620(s) of the Act are hereby delegated to the Director of the 
United States International Development Cooperation Agency,\14\ 
who shall exercise such functions in consultation with the 
Under Secretary of State for Security Assistance, Science and 
Technology. The functions conferred on the President by section 
534 of the Act, with the exception of those contained in 
subsection (b)(3), are hereby delegated to the Administrator of 
the Agency for International Development within the United 
States International Development Cooperation Agency, who shall 
exercise such functions in cooperation with the Assistant 
Secretary of State for Inter-American Affairs.\15\
---------------------------------------------------------------------------
    \13\Department of State Delegation of Authority No. 145-4, February 
19, 1986 (51 F.R. 5942), added subsec. designation ``(a)'', and added 
new subsec. (b).
    \14\Pursuant to IDCA Delegation of Authority No. 7 of July 29, 1980 
(45 F.R. 52470) this function was redelegated to the Administer of AID.
    \15\This last sentence was added by State Department Delegation of 
Authority 145-5, January 22, 1988 (53 F.R. 5072).
---------------------------------------------------------------------------
    (b)\13\ The functions conferred upon the President and upon 
the Secretary of State by section 1540 of the Department of 
Defense Authorization Act, 1985, (Pub. L. 98-525), not 
otherwise delegated herein, are hereby delegated to the 
Administrator of the Agency for International Development, who 
shall exercise such function in consultation with the Secretary 
of Defense and with the Under Secretary of State for Security 
Assistance, Science and Technology.

Section 3.\16\ Functions Reserved to the Secretary of State

    There are hereby reserved to the Secretary of State:
---------------------------------------------------------------------------
    \16\The amendments of July 15, 1980 (45 F.R. 51974) redesignated 
existing secs. 2 and 3 as secs. 3 and 4, respectively, and added a new 
sec. 2.
---------------------------------------------------------------------------
    (a) The functions conferred on the President by sections 
239(g), 502B(a)(2), 505(b), 533(b), 614(b), 620(b), 620(c), 
620(e)(1), 620(f), 620(g), 620(i), and 620(q) of the act.
    (b) The functions of determining which are friendly nations 
within the meaning of section 107 of the Agricultural Trade 
Development and Assistance Act of 1954 for the purpose of 
negotiating and concluding agreements pursuant to the authority 
contained in section 3(a) of Executive Order 10900 of January 
5, 1961.

Section 4.\16\ General Provisions

    (a) As used in this delegation of authority, the word 
``function'' includes any duty, obligation, power, authority, 
responsibility, right, privilege, discretion, or activity.
    (b) Any reference in this delegation of authority to any 
act, order, determination, delegation of authority, regulation, 
or procedure shall be deemed to be a reference to such act, 
order, determination, delegation of authority, regulation, or 
procedure as amended from time to time.
    (c) Any reference in this delegation of authority to 
security assistance, shall be deemed to include all forms of 
security assistance, including assistance and training under 
part II of the act (including chapters 4 and 6 thereof), sales, 
exports, credits, and guaranties under the Arms Export Control 
Act, and naval vessel transfer as authorized by law.
    (d) Notwithstanding any provision of this delegation of 
authority, the Secretary of State or the Deputy Secretary of 
State may at any time exercise any function delegated or 
reserved\17\ by this delegation of authority.
---------------------------------------------------------------------------
    \17\The amendments of February 4, 1984 (49 F.R. 7018) added the 
words ``or reserved''.
---------------------------------------------------------------------------
    (e) Any officer to whom functions are delegated\18\ by this 
delegation of authority may, to the extent consistent with law:
---------------------------------------------------------------------------
    \18\The words ``to any officer of the Department of State'' which 
previously appeared at this point, were struck out by the amendments of 
July 15, 1980 (45 F.R. 51974).
---------------------------------------------------------------------------
    (1) redelegate such functions and authorize their 
successive redelegation; and
    (2) promulgate such rules and regulations as may be 
necessary to carry out such functions.
    (f) State Department Delegation of Authority No. 104 of 
November 3, 1961 (26 F.R. 10608), as amended, is revoked.
    (g) Except to the extent inconsistent with this delegation 
of authority, all delegations of authority, determinations, 
authorizations, regulations, rulings, certificates, orders, 
directives, contracts, agreements, and other actions made, 
issued, or entered into with respect to any function affected 
by this delegation of authority and not revoked, superseded, or 
otherwise made inapplicable before the effective date of this 
delegation of authority, shall continue in full force and 
effect until modified, amended, or terminated by appropriate 
authority.
c. International Development Cooperation Agency Delegation of Authority 
                                 No. 1

 International Development Cooperation Agency Delegation of Authority 
   No. 1, October 1, 1979, 44 F.R. 57521; as amended by amendment of 
                    October 31, 1980, 45 F.R. 74090

    International Development Cooperation Agency: Foreign Economic 
                               Assistance

    By virtue of the authority vested in me by the Foreign 
Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.) 
(hereinafter referred to as the Act), title IV of the 
International Development Cooperation Act of 1979 (22 U.S.C. 
3501 et seq.), Executive Order No. 12163 of September 29, 1979 
entitled ``Administration of Foreign Assistance and Related 
Functions'' (hereinafter referred to as the Executive Order), 
and Reorganization Plan No. 2 of 1979 (44 F.R. 41185), it is 
ordered as follows:

1-1. Concurrent Authority

    1-101. Notwithstanding any provision of this Delegation of 
Authority, the Director of the United States International 
Development Cooperation Agency (hereinafter referred to as 
IDCA) may at any time exercise any function delegated by this 
Delegation of Authority.

1-2. Continuation of the Agency For International Development

    1-201. The Agency for International Development 
(hereinafter referred to as AID), which was established in the 
Department of State pursuant to State Department Delegation of 
Authority No. 104, as amended, shall be continued in existence 
within IDCA headed by an Administrator (hereinafter referred to 
as the Administrator), as provided in sections 103(a) and 
103(b) of the Executive Order. All delegations of authority, 
determinations, authorizations, regulations, rulings, 
certificates, orders, directives, contracts, agreements, 
designations, and other actions made, issued or entered into 
under authority existing prior to the date of the Executive 
Order and not revoked, superseded, or otherwise made 
inapplicable before the effective date of this Delegation of 
Authority shall continue in full force and effect until 
amended, modified or terminated by appropriate authority.
    1-202. The officers provided for in section 1-103(c) of the 
Executive Order shall continue to exercise such functions as 
the Administrator deems appropriate.

1-3. Functions of the Administrator

    1-301. Exclusive of the functions otherwise delegated or 
reserved to the Director of IDCA herein, there are hereby 
delegated to the Administrator:
          (a) The functions conferred upon the Director of IDCA 
        by subsections 1-102(a)(1)-(4) and section 1-601 of the 
        Executive Order.
          (b) The functions and authorities contained in 
        sections 125(a), 601(a) through (d), and 601(e)(2) of 
        the Act conferred upon the Director of IDCA by Section 
        6 of Reorganization Plan No. 2 of 1979.

1-4. Functions of the Director of the Institute for Scientific and 
        Technological Cooperation

    1-401. Exclusive of the functions otherwise delegated, or 
reserved to the Director of IDCA herein, there are hereby 
delegated to the Director of the Institute for Scientific and 
Technological Cooperation (hereinafter referred to as the 
Institute) the functions conferred upon the Director of IDCA by 
subsection 1-102(a)(5) of the Executive Order.

1-5. Functions Delegated to the Administrator and to the Director of 
        the Institute

    1-501. There are hereby delegated to the Administrator and 
to the Director of the Institute, respectively, the functions 
that relate to the administration of the programs of AID and 
the Institute, respectively, as follows:
          (a) The functions under sections 297(d), 299(a) and 
        625(a) of the Act.
          (b) The functions under section 625(d)(1) of the Act, 
        as provided in section 1-602(a) of the Executive Order.
          (c) The functions conferred upon the Director of IDCA 
        by section 4 of Executive Order 11223, as amended.
          (d) The functions conferred upon the Director of IDCA 
        by the Determination of the President pursuant to 
        section 604(a) of the Act, dated October 18, 1961, as 
        amended.
          (e) The functions of negotiating, concluding, and 
        terminating international agreements pursuant to the 
        Act, Title IV of the International Development 
        Cooperation Act of 1979, or the Latin American 
        Development Act, shall be subject to the requirements 
        of 1 U.S.C. 112b and to applicable regulations and 
        procedures.

1-6. Functions Delegated to the Overseas Private Investment Corporation

    1-601. Exclusive of the functions otherwise delegated, or 
reserved to the Director of IDCA herein, there are hereby 
delegated to the Overseas Private Investment Corporation:
          (a) The functions under sections 621(b), 625(d)(1), 
        627, 628, 629(b), 630 and 635(d) of the Act insofar as 
        such functions relate to the operations of the Overseas 
        Private Investment Corporation, its activities, or 
        personnel.
          (b) The functions under section 237(a) of the Act, 
        provided that such functions shall be exercised in 
        consultation with the Director of IDCA.

1-7. Allocation of Funds

    1-701. There are hereby allocated to the Administrator all 
funds made available for carrying out the Act allocated to the 
Director of IDCA by section 1-801(a) of the Executive Order.
    1-702. There are hereby allocated to the Director of the 
Institute all funds made available for carrying out title IV of 
the International Development Cooperation Act of 1979, 
allocated to the Director of IDCA by section 1-801(a) of the 
Executive Order.

1-8. Functions Reserved to the Director of IDCA

    1-801. There are hereby reserved to the Director of IDCA 
the functions conferred upon the President by:
          (a) Sections 102(c), 120(b), 125(b), 209(c)-(d), 
        298(c)(6), 298(d), 300, 305, 493, 621A, 631(c) and 634B 
        of the Act.
          (b) Section 625(a) of the Act, with respect to 
        personnel in IDCA, other than as delegated in section 
        1-5 of this delegation.
          (c) Sections 403(e) and 411 of the International 
        Development Cooperation Act of 1979.
    1-802. The functions contained in sections 109, 632(a) 
(insofar as they relate to allocation or transfer of funds) and 
653 of the Act delegated herein shall be exercised in 
consultation with the Director of IDCA.

1-9.\1\ Personnel Authorities

    1-901. The authority of the Administrator and the Director 
under section 625(a) of the Act, with respect to personnel in 
AID and the Institute respectively, shall include any authority 
available to me under any statute, regulation, or delegation of 
authority, relating to any aspect of personnel authority or 
administration, including, but not limited to:
---------------------------------------------------------------------------
    \1\The amendment of Oct. 31, 1980 (45 F.R. 74090) restated sec. 1-
901. Such section formerly concerned only Foreign Service personnel 
authorities.
---------------------------------------------------------------------------
    (a) The Act;
    (b) The Foreign Service Act of 1980, Public Law 96-465, 94 
Stat. 2071;
    (c) Title 5 of the United States Code; and
    (d) Delegations of Authority from the Office of Personnel 
Management.

1-10. General Provisions

    1-1001. Any reference in this Delegation of Authority to 
any act, order, determination, or delegation of authority shall 
be deemed to be a reference to such act, order, determination, 
or delegation of authority as amended from time to time.
    1-1002. Any reference in this Delegation of Authority to 
provisions of any appropriation act shall be deemed to include 
a reference to any hereafter enacted provisions of law which 
are the same or substantially the same as such appropriation 
act provisions.
    1-1003. The Administrator and the Director of the Institute 
may, to the extent consistent with law:
          (a) Delegate or assign any of the functions delegated 
        or assigned to them by this Delegation of Authority to 
        any other officer of IDCA, including any component 
        agency thereof, or to any officer of the Department of 
        State; and
          (b) Authorize any officer to whom functions are so 
        delegated or assigned to successively redelegate or 
        reassign any of such functions.
    1-1004. Functions conferred by this delegation shall be 
carried out in consultation with the heads of other departments 
and agencies as provided in Section 605 of the Executive Order.

1-11. Effective Date

    1-1101. This delegation shall become effective as of 
October 1, 1979, except that delegations to the Director of the 
Institute contained herein shall not become effective until so 
ordered by the Director of IDCA.
d. International Development Cooperation Agency Delegation of Authority 
                                 No. 2

 International Development Cooperation Agency Delegation of Authority 
   No. 2, October 29, 1979, 44 F.R. 65485 as amended and restated by 
           amendment No. 1 of January 19, 1981, 46 F.R. 9261

                  Succession to the Office of Director

    Pursuant to the authority vested in the Director of the 
United States International Development Cooperation Agency by 
Section 2 of Reorganization Plan No. 2 of 1979 (44 F.R. 41165), 
it is directed as follows:
    In the event of the absence or disability of the Director 
and the Deputy Director of the United States International 
Development Cooperation Agency (IDCA) or of vacancies in both 
such offices, the following IDCA officials shall act as 
Director: the Administrator or Acting Administrator of the 
Agency for International Development, or an IDCA official 
formally designated by said Administrator or Acting 
Administrator.
    This amendment is effective immediately.
                e. Reorganization Plan No. 2 of 1979\1\

 Prepared by the President and transmitted to the Senate and the House 
 of Representatives in Congress assembled, April 10, 1979, pursuant to 
  the provisions of chapter 9 of title 5 of the United States Code\2\

       United States International Development Cooperation Agency

    Section 1. Establishment of the United States International 
Development Cooperation Agency.--There is hereby established in 
the executive branch an independent agency to be known as the 
United States International Development Cooperation Agency 
(hereinafter referred to as the ``Agency'').
---------------------------------------------------------------------------
    \1\5 U.S.C. App.
    \2\As amended May 21, 1979. Executive Order 12147, July 19, 1979 
(44 F.R. 42957) specified that secs. 2, 3, and 4 of this plan would 
become effective immediately. Secs. 1, 5, 6, and 8 of the Plan became 
effective on Oct. 1, 1979, pursuant to Executive Order 12163, Sept. 29, 
1979 (44 F.R. 56673). For complete text of Executive Order 12163, 
Administration of Foreign Assistance and Related Functions, see page 
330.
---------------------------------------------------------------------------
    Sec. 2. Director.--The Agency shall be headed by the 
Director of the United States International Development 
Cooperation Agency (hereinafter referred to as the 
``Director''), who shall be appointed by the President, by and 
with the advice and consent of the Senate, and shall receive 
compensation at the rate prescribed by law for Level II of the 
Executive Schedule. The Director shall have primary 
responsibility for establishing overall development assistance 
policy and coordinating international development activities 
supported by the United States. The Director shall serve as the 
principal advisor to the President and the Secretary of State 
on international development matters and also shall advise the 
President on all trade, science and technology, and other 
matters significantly affecting the developing nations. The 
Director shall report to the President and, on matters relating 
to foreign policy, to the Secretary of State. The Director 
shall designate the order in which other officials shall act 
for and exercise the powers of the Director during the absence 
or disability of the Director and the Deputy Director or in the 
event of vacancies in both such offices.
    Sec. 3.\1\ Deputy Director.--The President, by and with the 
advice and consent of the Senate, may appoint a Deputy Director 
of the Agency, who shall receive compensation at the rate 
prescribed by law for Level III of the Executive Schedule. The 
Deputy Director shall perform such duties and exercise such 
powers as the Director may from time to time prescribe and, in 
addition, shall act for and exercise the powers of the Director 
during the absence or disability of the Director or during a 
vacancy in such office.
    Sec. 4.\1\ Associate Directors.--The President, by and with 
the advice and consent of the Senate, may appoint two Associate 
Directors of the Agency, who shall perform such duties and 
exercise such powers as the Director may from time to time 
prescribe and who shall receive compensation at the rate 
prescribed by law for Level IV of the Executive Schedule.
    Sec. 5. Performance of functions.--The Director may from 
time to time establish, alter, consolidate, or discontinue 
organizational units within the Agency (other than units 
expressly established by statute or reorganization plan). The 
Director may from time to time delegate responsibility for 
carrying out any function or authority of the Director of the 
Agency to any officer, employee, or unit of the Agency, or any 
other officer or agency of the executive branch.
    Sec. 6. Transfers of functions.--(a) There are hereby 
transferred to the Director all functions and authorities 
vested in the Agency for International Development or in its 
administrator pursuant to the following:
          (1) sections 233(b), 239(i), 296(e), 297(d), 
        298(c)(6), 299(d), 601 (a) through (d), and 
        624(f)(2)(C) of the Foreign Assistance Act of 1961, as 
        amended (22 U.S.C. 2193(b), 2199(i), 2220a(e), 
        2220b(d), 2220c(c)(6), 2220d(d), 2351 (a) through (d), 
        and 2384(f)(2)(C));
          (2) section 407 of the Agricultural Trade Development 
        and Assistance Act of 1954, as amended (7 U.S.C. 
        1736a); and
          (3) section 706 of the Foreign Relations 
        Authorization Act, Fiscal Year 1979 (49 U.S.C. 1518).
    (b) There are hereby transferred to the Director all 
functions and authorities vested in the agency primarily 
responsible for administering part I of the Foreign Assistance 
Act of 1961, as amended, or in its Administrator pursuant to 
the following:
          (1) sections 101(b), 119, 125, 531(a)(2), 601(e)(2), 
        and 640B of such Act (22 U.S.C. 2151(b), 2151q, 2151w, 
        2346(a)(2), 2351(e)(2), and 2399c); and
          (2) section 602 of the International Security 
        Assistance and Arms Control Act of 1976 (22 U.S.C. 2352 
        note).
    (c) There are hereby transferred to the Director all 
functions and authorities vested in the Secretary of State 
pursuant to the following:
          (1) section 101(b) of the Foreign Assistance Act of 
        1961, as amended (22 U.S.C. 2151(b)), insofar as it 
        relates to policy guidance other than foreign policy 
        guidance, and section 622(c) of such Act (22 U.S.C. 
        2382(c)), insofar as it relates to development 
        assistance; and
          (2) section 901 of Public Law 95-118 (22 U.S.C. 
        262g).
    Sec. 7. Abolition.--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.
    Sec. 8. Other transfers; interim officers.--(a) So much of 
the personnel, property, records, and unexpended balances of 
appropriations, allocations and other funds employed, used, 
held, available, or to be made available in connection with the 
functions and authorities affected by the establishment of the 
Agency, as the Director of the Office of Management and Budget 
shall determine, shall be transferred to the appropriate agency 
or component at such time or times as the Director of the 
Office of Management and Budget shall provide, except that no 
such unexpended balances transferred shall be used for purposes 
other than those for which the appropriation was originally 
made. The Director of the Office of Management and Budget shall 
provide for terminating the affairs of any agency abolished 
herein and for such further measures and dispositions as such 
Director deems necessary to effectuate the purposes of this 
reorganization plan.
    (b) Pending the initial appointment of the Director, Deputy 
Director, and Associate Directors of the Agency, their 
functions and authorities may be performed, for up to 60 days 
after section 1 of this reorganization plan becomes effective, 
by such individuals as the President may designate. Any 
individual so designated shall be compensated at the rate 
provided herein for the position whose functions and 
authorities such individual performs.
    Sec. 9. Effective date.--This reorganization plan shall 
become effective on July 1, 1980, or as such earlier time or 
times as the President shall specify, but not sooner than the 
earliest time allowable under section 906 of title 5 of the 
United States Code.
               f. Administration of Arms Export Controls

Executive Order 11958, January 18, 1977, 42 F.R. 4311,\1\ as amended by 
Executive Order 12118, February 6, 1979, 44 F.R. 7939; Executive Order 
12163, September 29, 1979, 44 F.R. 56673; Executive Order 12210, April 
16, 1980, 45 F.R. 26313; Executive Order 12321, September 14, 1981, 46 
    F.R. 46109; Executive Order 12365, May 24, 1982, 47 F.R. 22933; 
  Executive Order 12423, May 26, 1983, 48 F.R. 24025; Executive Order 
  12560, May 24, 1986, 51 F.R. 19160; Executive Order 12680, July 5, 
1989, 54 F.R. 28996; Executive Order 12738, December 14, 1990, 55 F.R. 
 52033; and by Executive Order 13030, December 12, 1996, 61 F.R. 66187

    By virtue of the authority vested in me by the Constitution 
and statutes of the United States of America, including the 
Arms Export Control Act, as amended (22 U.S.C. 2751 et seq.), 
and Section 301 of Title 3 of the United States Code, and as 
President of the United States of America, it is hereby ordered 
as follows:
---------------------------------------------------------------------------
    \1\22 U.S.C. 2751 note. This Executive Order superseded Executive 
Order 11501, Dec. 22, 1969 (34 F.R. 20169), as amended by Executive 
Order 11685, Sept. 27, 1972 (37 F.R. 20155).
---------------------------------------------------------------------------
    Section 1. Delegation of Functions. The following functions 
conferred upon the President by the Arms Export Control Act (22 
U.S.C. 2751 et seq.), hereinafter referred to as the Act and 
related legislation,\2\ are delegated as follows:
---------------------------------------------------------------------------
    \2\Sec. 5 of Executive Order 12680, July 5, 1989 (54 F.R. 28996) 
added ``and related legislation'' and new par. (q) and (r).
---------------------------------------------------------------------------
    (a) Those under Section 3 of the Act, with the exception of 
subsections (a)(1), (b), (c)(3), (c)(4), and (f),\3\ to the 
Secretary of State: Provided, That the Secretary of State, in 
the implementation of the functions delegated to him under 
Sections 3 (a) and (d) of the Act, is authorized to find, in 
the case of a proposed transfer of a defense article or related 
training or other defense service by a foreign country or 
international organization not otherwise eligible under Section 
3(a)(1) of the Act, whether the proposed transfer will 
strengthen the security of the United States and promote world 
peace.
---------------------------------------------------------------------------
    \3\The reference to subsec. (f) was added by sec. 1-107 of 
Executive Order 12118, Feb. 6, 1979 (44 F.R. 7939).
---------------------------------------------------------------------------
    (b) Those under Section 5 to the Secretary of State.
    (c) Those under Section 21 of the Act, with the exception 
of the last sentence of subsection (d) and all of subsection 
(i), to the Secretary of Defense.\4\
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    \4\The reference to subsec. (i) was substituted in place of a 
reference to subsec. (h) by sec. 1-101 of Executive Order 12210, Apr. 
16, 1980 (45 F.R. 26313).
---------------------------------------------------------------------------
    (d) Those under Sections 22(a), 29, 30 and 30A of the Act 
to the Secretary of Defense.\5\
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    \5\The reference to sec. 29 was added by sec. 2 of Executive Order 
12321, Sept. 14, 1981 (46 F.R. 46109). The reference to sec. 30 was 
added by sec. 2 of Executive Order 12423, May 26, 1983 (48 F.R. 24025). 
The reference to sec. 30A was added by Executive Order 12560, May 24, 
1986 (51 F.R. 19160).
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    (e)\6\ Those under Section 23 of the Act and section 571 of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Public Law 101-167), to the Secretary 
of Defense, to be exercised in consultation with the Secretary 
of State and the Secretary of the Treasury, except that the 
President shall determine any rate of interest to be charged 
which is less than the market rate of interest.
---------------------------------------------------------------------------
    \6\Sec. 12 of Executive Order 12560, May 24, 1986 (51 F.R. 19160), 
amended and restated sec. 1(e). Previously, sec. 1(e) read as follows: 
``Those under Section 23 of the Act, with the exception of the function 
of certifying a rate of interest to the Congress as provided by 
paragraph (2) of that Section, to the Secretary of Defense.''.
    Sec. 6 of Executive Order 12680, July 5, 1989 (54 F.R. 28996), 
added reference to sec. 580 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1989. Sec. 6 of 
Executive Order 12738, December 14, 1990 (55 F.R. 52033), updated 
reference to the current Foreign Operations, Export Financing, and 
Related Programs Appropriations Act.
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    (f)\7\ Those under Sections 24, 27 and 28 of the Act to the 
Secretary of Defense. The Secretary of Defense, in implementing 
the functions delegated to him under Sections 24\8\ and 27, 
shall consult with the Secretary of State and the Secretary of 
the Treasury.
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    \7\The delegation of functions under secs. 27 and 28 were added by 
sec. 1-102 of Executive Order 12210, Apr. 16, 1980 (45 F.R. 26313).
    \8\Sec. 24 and the reference to the Secretary of the Treasury were 
added by sec. 13 of Executive Order 12560, May 24, 1986 (51 F.R. 
19160).
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    (g) Those under Section 25 of the Act to the Secretary of 
State. The Secretary of Defense and the Director of the Arms 
Control and Disarmament Agency, within their respective areas 
of responsibility, shall assist the Secretary of State in the 
preparation of materials for presentation to the Congress under 
that Section.
    (h) Those under Section 34 of the Act to the Secretary of 
State. To the extent the standards and criteria for credit and 
guaranty transactions are based upon national security and 
financial policies, the Secretary of State shall obtain the 
prior concurrence of the Secretary of Defense and the Secretary 
of the Treasury, respectively.
    (i) Those under Section 35(a) of the Act to the Secretary 
of State.
    (j) Those under Sections 36(a) and 36(b)(1) of the Act, 
except with respect to the certification of an emergency as 
provided by subsection (b)(1), to the Secretary of Defense. The 
Secretary of Defense, in the implementation of the functions 
delegated to him under Sections 36 (a) and (b)(1) shall consult 
with the Secretary of State, who shall, with respect to matters 
related to subparagraphs (D) and (I) of Section 36(b)(1), 
consult with the Director of the Arms Control and Disarmament 
Agency. With respect to those functions under Sections 36(a) 
(5) and (6), the Secretary of Defense shall consult with the 
Director of the Office of Management and Budget.
    (k) Those under Sections 36 (c) and (d) of the Act to the 
Secretary of State.
    (l) Those under Section 38 of the Act:
          (1) to the Secretary of State, except as otherwise 
        provided in this subsection. Designations, including 
        changes in designations, by the Secretary of State of 
        items or categories of items which shall be considered 
        as defense articles and defense services subject to 
        export control under Section 38 shall have the 
        concurrence of the Secretary of Defense. The authority 
        to undertake activities to ensure compliance with 
        established export conditions may be redelegated to the 
        Secretary of Defense, or to the head of another 
        department or agency as appropriate, which shall 
        exercise such functions in consultation with the 
        Secretary of State;\9\
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    \9\Sec. 7 of Executive Order 12680, July 5, 1989 (54 F.R. 28996) 
added the second sentence.
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          (2) to the Secretary of the Treasury, to the extent 
        they relate to the control of the import of defense 
        articles and defense services. In carrying out such 
        functions, the Secretary of the Treasury shall be 
        guided by the views of the Secretary of State on 
        matters affecting world peace, and the external 
        security and foreign policy of the United States. 
        Designations including changes in designations, by the 
        Secretary of the Treasury of items or categories of 
        items which shall be considered as defense articles and 
        defense services subject to import control under 
        Section 38 of the Act shall have the concurrence of the 
        Secretary of State and the Secretary of Defense;
          (3) to the Secretary of Commerce, to carry out on 
        behalf of the Secretary of State, to the extent such 
        functions involve Section 38(e) of the Act and are 
        agreed to by the Secretary of State and the Secretary 
        of Commerce.
    (m) Those under Section 39(b) of the Act to the Secretary 
of State. In carrying out such functions, the Secretary of 
State shall consult with the Secretary of Defense as may be 
necessary to avoid interference in the application of 
Department of Defense regulations to sales made under Section 
22 of the Act.
    (n)\10\ Those under Section 40A of the Act, as added by the 
Antiterrorism and Effective Death Penalty Act of 1996 (Public 
Law 104-132), to the Secretary of State.
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    \10\Sec. 2 of Executive Order 13030, December 12, 1996 (61 F.R. 
66187) added subsec. (n) and redesignated former subsecs. (n) through 
(r) as subsecs. (o) through (s), respectively.
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    (o) Those under Sections 42 (c) and (f) of the Act to the 
Secretary of Defense. The Secretary of Defense shall obtain 
concurrence of the Secretary of State and the Secretary of the 
Treasury on any determination proposed under the authority of 
Section 42(c) of the Act.\11\
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    \11\This sentence was added by sec. 2(a) of Executive Order 12365, 
May 24, 1982 (47 F.R. 22933).
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    (p)\12\ Those under Sections 52(b) and 53 of the Act to the 
Secretary of Defense.
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    \12\Subsec. (p), redesignated by Executive Order 13030 from subsec. 
(o), which was originally added by sec. 1-103 of Executive Order 12210, 
was amended and restated by sec. 2(b) of Executive Order 12365, May 24, 
1982 (47 F.R. 22933). Previously, subsec. (o) delegated functions under 
sec. 43(c) of the Arms Export Control Act to the Secretary of Defense.
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    (q)\13\ Those under Sections 61 and 62(a) of the Act to the 
Secretary of Defense.
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    \13\Sec. 2(c) of Executive Order 12365, May 24, 1982 (47 F.R. 
22933), added this subsec.
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    (r)\14\ Those under Section 2(b)(6) of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635(b)(6)) to the Secretary of 
State.
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    \14\Sec. 5(2) of Executive Order 12680, July 5, 1989 (54 F.R. 
28996) added subsecs. (r) and (s), redesignated from subsecs. (p) and 
(q) by Executive Order 13030.
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    (s)\14\ Those under Section 588(b) of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461), to the Secretary 
of Defense, except with respect to the determination of an 
emergency as provided by subsection (b)(3). The Secretary of 
Defense in implementation of the functions delegated to him 
under section 588(b) shall consult with the Secretary of State.
    Sec. 2. Coordination. (a) In addition to the specific 
provisions of Section 1 of this Order, the Secretary of State 
and the Secretary of Defense, in carrying out the functions 
delegated to them under this Order, shall consult with each 
other and with the heads of other departments and agencies, 
including the Secretary of the Treasury, the Director of the 
United States International Development Cooperation Agency,\15\ 
the Director of the Arms Control and Disarmament Agency, and 
the Chairman of the Export-Import Bank\16\ on matters 
pertaining to their responsibilities.
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    \15\This reference to the Director of IDCA was substituted in lieu 
of a reference to the Administrator of AID by sec. 1-903(h)(4) of 
Executive Order 12163, Sept. 29, 1979 (44 F.R. 56679).
    \16\Sec. 8 of Executive Order 12680, July 5, 1989 (54 F.R. 28996), 
added reference to the Chairman of the Export-Import Bank.
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    (b) In accordance with Section 2(b) of the Act and under 
the directions of the President, the Secretary of State, taking 
into account other United States activities abroad, shall be 
responsible for the continuous supervision and general 
direction of sales and exports under the Act, including but not 
limited to, the negotiation, conclusion, and termination of 
international agreements, and determining whether there shall 
be a sale to a country and the amount thereof, and whether 
there shall be delivery or other performance under such sale or 
export, to the end that sales and exports are integrated with 
other United States activities and the foreign policy of the 
United States is best served thereby.
    Sec. 3. Allocation of Funds. Funds appropriated to the 
President for carrying out the Act shall be deemed to be 
allocated to the Secretary of Defense without any further 
action of the President.
    Sec. 4. Revocation. Executive Order No. 11501, as amended, 
is revoked; except that, to the extent consistent with this 
Order, all determinations, authorizations, regulations, 
rulings, certificates, orders, directives, contracts, 
agreements and other actions made, issued, taken or entered 
into under the provisions of Executive Order No. 11501, as 
amended, and not revoked, superseded or otherwise made 
inapplicable, shall continue in full force and effect until 
amended, modified or terminated by appropriate authority.
               g. Overseas Private Investment Corporation

Executive Order 11579, January 19, 1971, 36 F.R. 969;\1\ as amended by 
    Executive Order 12107, December 28, 1978, 44 F.R. 1055; and by 
        Executive Order 12163, September 29, 1979, 44 F.R. 56673

    By virtue of the authority vested in me by the Foreign 
Assistance Act of 1961 (75 Stat. 424), as amended (hereinafter 
the ``Act''), and section 301 of title 3 of the United States 
Code, and as President of the United States, it is ordered as 
follows:
---------------------------------------------------------------------------
    \1\22 U.S.C. 2191 note.
---------------------------------------------------------------------------
    Section 1. Transfer to Overseas Private Investment 
Corporation. 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) of the Act are hereby transferred 
to the Overseas Private Investment Corporation (hereinafter the 
``Corporation'').
    Sec. 2. Delegation of functions. (a)\2\ * * * [Revoked--
1979]
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    \2\Subsec. (a) was revoked by sec. 1-903(a)(2) of Executive Order 
12163, Sept. 29, 1979 (44 F.R. 56673).
---------------------------------------------------------------------------
    (b) The function of prescribing regulations relating to the 
reinstatement or restoration of officers and employees of the 
Corporation to other government positions, when their 
appointment to a position in the Corporation was made from 
another government position and their separation from the 
Corporation was not made for cause, is hereby delegated to the 
Office of Personnel Management.\3\
---------------------------------------------------------------------------
    \3\Sec. 2-101 of Executive Order 12107 struck out ``Civil Service 
Commission'' and inserted in lieu thereof ``Office of Personnel 
Management''.
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    Sec. 3. Allocation and transfer of funds. Funds made 
available under section 232 of the Act (repealed by section 105 
of the Foreign Assistance Act of 1969) which are obligated but 
unexpended are hereby transferred to the Corporation.
    Sec. 4. General provisions. (a) As used in this order, the 
words ``function'' or ``functions'' include any duty, 
obligation, power, authority, responsibility, right, privilege, 
discretion, or activity.
    (b) The Corporation shall be deemed to be the successor of 
the Agency for International Development and the Administrator 
thereof, with respect to all functions vested in the 
Corporation pursuant to law.
    (c) Except to the extent that they may be inconsistent with 
this order, all determinations, authorizations, regulations, 
rulings, certificates, orders, directives, contracts, 
agreements, and other actions made, issued, or entered into 
with respect to any function affected by this order and not 
revoked, superseded or otherwise made inapplicable before the 
date of this order, shall continue in full force and effect 
until amended, modified, or terminated by appropriate 
authority.
    (d) Executive Order No. 10973 of November 3, 1961, as 
amended,\4\ is hereby superseded insofar as any provision 
therein is in conflict with any provision herein.
---------------------------------------------------------------------------
    \4\Revoked by Executive Order 12163, Sept. 29, 1979 (44 F.R. 
56673).
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    (e) The provisions of this order shall become effective 
upon adoption by the Board of Directors of bylaws for the 
Corporation.
h. Performance of Functions Authorized by the Foreign Assistance Act of 
                            1961, as Amended

  Executive Order 11223, May 12, 1965, 30 F.R. 6635;\1\ as amended by 
   Executive Order 12163, September 29, 1979, 44 F.R. 56673; and by 
        Executive Order 12178, December 10, 1979, 44 F.R. 71807

    By virtue of the authority vested in me by section 633 of 
the Foreign Assistance Act of 1961, as amended, 75 Stat. 454 
(22 U.S.C. 2393), it is hereby determined that, to the extent 
hereinafter indicated, the performance of functions authorized 
by that Act,\2\ as amended, and any predecessor legislation, 
without regard to the laws specified in the numbered 
subdivisions of sections 1 and 2 of this order and without 
regard to consideration as specified in sections 3 and 4 of 
this order will further the purposes of the Foreign Assistance 
Act of 1961, as amended:
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    \1\22 U.S.C. 2393 note.
    \2\Sec. 1-903(d) of Executive Order 12163 provided that the 
reference in this Executive Order ``to `the performance of functions 
authorized by this Act' shall be deemed to include the performance of 
functions authorized by sec. 403 of the IDC Act of 1979.'' Such sec. 
403 of the International Development Cooperation Act of 1979 specified 
the functions of the Institute for Scientific and Technological 
Cooperation.
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    Section 1. With respect to functions authorized by the 
Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et 
seq.), and any predecessor legislation except those functions 
exercised by the Department of Defense under authority of 
sections 621 and 623 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2381 and 2383):
          (1) The Act of March 26, 1934, 48 Stat. 500, as 
        amended (15 U.S.C. 616a).
          (2) Section 3648 of the Revised Statutes, as amended, 
        60 Stat. 809 (31 U.S.C. 529).
          (3) Section 305 of the Federal Property and 
        Administrative Services Act of 1949, 63 Stat. 396, as 
        amended (41 U.S.C. 255).
          (4) Section 3709 of the Revised Statutes, as amended 
        (41 U.S.C. 5).
          (5) Section 3710 of the Revised Statutes (41 U.S.C. 
        8).
          (6) Section 2 of title III of the Act of March 3, 
        1933, 47 Stat. 1520 (41 U.S.C. 10a).
          (7) Section 3735 of the Revised Statutes (41 U.S.C. 
        13).
          (8) Section 304(c) of the Federal Property and 
        Administrative Services Act of 1949, as added by the 
        Act of October 31, 1951, 65 Stat. 700 (41 U.S.C. 
        254(c)), but only with respect to contracts entered 
        into with foreign governments or agencies thereof for 
        the rendering of services to the United States or an 
        agency thereof within the continental limits of the 
        United States.
          (9) Section 901(a) of the Merchant Marine Act, 1936, 
        49 Stat. 2015, as amended (46 U.S.C. 1241(a)).
    Sec. 2. With respect to purchases authorized to be made 
outside the limits of the United States or the District of 
Columbia under the Foreign Assistance Act of 1961, as amended, 
and any predecessor legislation:
          (1) Section 2276(a) of Title 10 of the United States 
        Code.
          (2) Section 2313(b) of Title 10 of the United States 
        Code.
          (3) Section 304(c) of the Federal Property and 
        Administrative Services Act of 1949, as added by the 
        Act of October 31, 1951, 65 Stat. 700 (41 U.S.C. 
        254(c)).
          (4) Section 1301 of the Second War Powers Act, 1942, 
        56 Stat. 185 (50 U.S.C. App. 643), as extended by the 
        provisions of the Act of June 30, 1953, 67 Stat. 120.
          (5) Section 3(b) of the Act of August 28, 1958, 72 
        Stat. 972 (50 U.S.C. 1433(b)), but only with respect to 
        contracts in which the inclusion of the clause required 
        by section 3(b), or the compliance with that clause, if 
        included in a contract, is deemed by the executive or 
        military department concerned to be impracticable.
    Sec. 3. With respect to cost-type contracts heretofore or 
hereafter made with non-profit institutions under which no fee 
is charged or paid, amendments and modifications of such 
contracts may be made with or without consideration and may be 
utilized to accomplish the same things as any original contract 
could have accomplished, irrespective of the time or 
circumstances of the making, or the form of the contract 
amended or modified, or of the amending or modifying contract 
and irrespective of rights which may have accrued under the 
contract or the amendments or modifications thereof.
    Sec. 4. With respect to contracts heretofore or hereafter 
made, other than those described in section 3 of this order, 
amendments and modifications of such contracts may be made with 
or without consideration and may be utilized to accomplish the 
same things as any original contract could have accomplished, 
irrespective of the time or circumstances of the making, or the 
form of the contract amended or modified, or of the amending or 
modifying contract, and irrespective of rights which may have 
accrued under the contract or the amendments or modifications 
thereof, if the Secretary of State or the Director of the 
United States International Development Cooperation Agency 
(with respect to functions vested in or delegated to the 
Director)\3\ determines in each case that such action is 
necessary to protect the foreign policy interests of the United 
States.
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    \3\The reference to the Director of IDCA was added by sec. 1-
903(b)(5) of Executive Order 12163, Sept. 29, 1979 (44 F.R. 56673).
---------------------------------------------------------------------------
    Sec. 5. Executive Order No. 10784 of October 1, 1958, and 
Executive Order No. 10845 of October 12, 1959, are hereby 
superseded.
    Sec. 6.\4\ I determine it to be in furtherance of the 
purposes of the Foreign Assistance Act of 1961, as amended, and 
in the national security interest of the United States that the 
functions authorized by chapter 7 of Part II of that Act, 
relating to air base construction in Israel, be performed 
without regard to the following additional specified provisions 
of law:
---------------------------------------------------------------------------
    \4\Sec. 6 was added by Executive Order 12178, Dec. 10, 1979 (44 
F.R. 71807).
---------------------------------------------------------------------------
          (1) Title IX of the Federal Property and 
        Administration Services Act of 1949, as amended (40 
        U.S.C. 541-544);
          (2) Section 612 of the Military Construction 
        Authorization Act, 1967, as amended (31 U.S.C. 723a);
          (3) Section 719 of the Defense Production Act of 
        1950, as amended (50 U.S.C. App. 2168); and
          (4) Section 111 of the Federal Property and 
        Administrative Services Act of 1949, as amended (40 
        U.S.C. 759).
                     i. Foreign Disaster Assistance

Executive Order 12966, July 14, 1995, 60 F.R. 36949, 10 U.S.C. 404 note

    By the authority vested in me as President by the 
Constitution and the laws of the United states of America, 
including the National Defense Authorization Act for Fiscal 
Year 1995, Public Law 103-337 (the ``Act'') and section 301 of 
title 3, United States Code, it is hereby ordered as follows:
    Section 1. This order governs the implementation of section 
404 of title 10, United States Code, as added by amendment set 
forth in section 1412(a) of the Act. Pursuant to 10 U.S.C. 
404(a), the Secretary of Defense is hereby directed to provide 
disaster assistance outside the United States to respond to 
manmade or natural disasters when the Secretary of Defense 
determines that such assistance is necessary to prevent loss of 
lives. The Secretary of Defense shall exercise the notification 
functions required of the President by 10 U.S.C. 404(c).
    Sec. 2. The Secretary of Defense shall provide disaster 
assistance only:
          (a) at the direction of the President; or
          (b) with the concurrence of the Secretary of State; 
        or
          (c) in emergency situations in order to save human 
        lives, where there is not sufficient time to seek the 
        prior initial concurrence of the Secretary of State, in 
        which case the Secretary of Defense shall advise, and 
        seek the concurrence of, the Secretary of State as soon 
        as practicable thereafter. For the purpose of section 
        2(b) of this order, only the Secretary of State, or the 
        Deputy Secretary of State, or persons acting in those 
        capacities, shall have the authority to withhold 
        concurrence. Concurrence of the Secretary of State is 
        not required for the execution of military operations 
        undertaken pursuant to, and consistent with, assistance 
        provided in accordance with parts (b) and (c) of this 
        section, or with respect to matters relating to the 
        internal financial processes of the Department of 
        Defense.
    Sec. 3. In providing assistance covered by this order, the 
Secretary of Defense shall consult with the Administrator of 
the Agency for International Development, in the 
Administrator's capacity as the President's Special Coordinator 
for International Disaster Assistance.
    Sec. 4. This order does not affect any activity or program 
authorized under any other provision of law, except that 
referred to in section 1 of this order.
    Sec. 5. This order is effective at 12:01 a.m., e.d.t. on 
July 15, 1995.
                      3. Armed Forces Legislation

                    a. TITLE 10, UNITED STATES CODE

                    SUBTITLE A--GENERAL MILITARY LAW

            PART I--ORGANIZATION AND GENERAL MILITARY POWERS

          * * * * * * *

                    CHAPTER 2--DEPARTMENT OF DEFENSE

          * * * * * * *

Sec. 113.\1\ Secretary of Defense * * *

    (e)(1)\2\ The Secretary shall include in his annual report 
to Congress under subsection (c)--
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    \1\Sec. 113 was originally codified at sec. 133 of 10 U.S.C. The 
Department of Defense Reorganization Act of 1986 (Public Law 99-433; 
100 Stat. 1074) redesignated sec. 133 of 10 U.S.C. as sec. 113 and 
modified the section title.
    \2\Subsec. (e) was comprehensively amended by sec. 603 of the DOD 
Reorganization Act of 1986 (Public Law 99-433; 100 Stat. 1074).
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          (A) a description of the major military missions and 
        of the military force structure of the United States 
        for the next fiscal year;
          (B) an explanation of the relationship of those 
        military missions to that force structure; and
          (C) the justification for those military missions and 
        that force structure.
    (2) In preparing the matter referred to in paragraph (1), 
the Secretary shall take into consideration the content of the 
annual national security strategy report of the President under 
section 108 of the National Security Act of 1947 for the fiscal 
year concerned.\3\
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    \3\Sec. 1070(a)(1) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2855) struck out 
``section 104'' and inserted in lieu thereof ``section 108''. For text 
of 108 of the National Security Act of 1947, 50 U.S.C. 404a, see 
Legislation on Foreign Relations Through 1997, vol. IV, sec. N.
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          * * * * * * *
    (i)\4\ (1)\5\ The Secretary of Defense shall transmit to 
Congress each year a report that contains a comprehensive net 
assessment of the defense capabilities and programs of the 
armed forces of the United States and its allies as compared 
with those of their potential adversaries.\6\
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    \4\Sec. 1322(a)(1) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1671) struck out 
previous subsec. (i) and redesignated subsecs. (j) through (l) as (i) 
through (k), respectively. Former subsec. (i) was originally enacted by 
sec. 1105 of the DOD Authorization Act, 1983 (Public Law 97-252; 96 
Stat. 739) as subsec. (h) of sec. 138 (now sec. 114); and was 
redesignated as a subsec. of sec. 113 by the DOD Reorganization Act of 
1986 (Public Law 99-433).
    Subsec. (i), redesignated from subsec. (j) by sec. 1322(a)(1) of 
the National Defense Authorization Act for Fiscal Year 1991 (Public Law 
101-510; 104 Stat. 1671), was added by sec. 1214 of the National 
Defense Authorization Act, 1988 and 1989 (Public Law 100-180; 101 Stat. 
1157).
    \5\Sec. 731 of the National Defense Authorization Act, Fiscal Year 
1989 (Public Law 100-456; 102 Stat. 2003), added the para. designation 
``(1)'', and added new paras. (2) and (3).
    \6\Sec. 731 of the National Defense Authorization Act, Fiscal Year 
1989 (Public Law 100-456; 102 Stat. 2003), struck out the following 
sentence at this point: ``Each such report shall be transmitted in both 
a classified and an unclassified form.''.
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    (2)\5\ Each such report shall--
          (A) include a comparison of the defense capabilities 
        and programs of the armed forces of the United state 
        and its allies with the armed forces of potential 
        adversaries of the United States and allies of the 
        United States;
          (B) include an examination of the trends experienced 
        in those capabilities and programs during the period 
        covered by the future-years defense program submitted 
        to Congress during that year pursuant to section 221\7\ 
        the five years immediately preceding the year in which 
        the report is transmitted and an examination of the 
        expected trends in those capabilities and programs 
        during of this title;
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    \7\Sec. 1503(a)(1) of the National Defense Authorization Act for 
Fiscal year 1996 (Public Law 104-106; 110 Stat. 510) struck out ``the 
five years covered by the five-year defense program submitted to 
Congress during that year pursuant to section 114(g)'' and inserted in 
lieu thereof ``the period covered by the future-years defense program 
submitted to Congress during that year pursuant to section 221''.
    Previously amended by sec. 1622 of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 
103 Stat. 1604).
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          (C)\8\ include a description of the means by which 
        the Department of Defense will maintain the capability 
        to reconstitute or expand the defense capabilities and 
        programs of the armed forces of the United States on 
        short notice to meet a resurgent or increased threat to 
        the national security of the United States;
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    \8\Sec. 341 of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1343) redesignated 
subpars. (C) and (D) as (D) and (E), respectively, and added a new 
subpar. (C).
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          (D)\8\ reflect, in the overall assessment and in the 
        strategic and regional assessments, the defense 
        capabilities and programs of the armed forces of the 
        United States specified in the budget submitted to 
        Congress under section 1105 of title 31 in the year in 
        which the report is submitted and in the five-year 
        defense program submitted in such year; and
          (E)\8\ identify the deficiencies in the defense 
        capabilities of the armed forces of the United States 
        in such budget and such five-year defense program.
    (3)\5\ The Secretary shall transmit to Congress the report 
required for each year under paragraph (1) at the same time 
that the President submits the budget to Congress under section 
1105 of title 31 in that year. Such report shall be transmitted 
in both classified and unclassified form.
    (j)\9\ (1) Not later than April 8 of each year, the 
Secretary of Defense shall submit to the Committee on Armed 
Services and the Committee on Appropriations of the Senate and 
the Committee on National Security and the Committee on 
Appropriations of the\10\ House of Representatives a report on 
the cost of stationing United States forces outside of the 
United States. Each such report shall include a detailed 
statement of the following:
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    \9\Sec. 1(o)(1) of Public Law 100-370 (102 Stat. 850) added subsec. 
(j) as (k), redesignated as subsec. (j) by the National Defense 
Authorization Act of 1991 (Public Law 101-510; 104 Stat. 1671).
    \10\Sec. 1502(a)(3) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat 502) struck out 
``Committees on Armed Services and Committees on Appropriations of the 
Senate and'' and inserted in lieu thereof ``Committee on Armed Services 
and the Committee on Appropriations of the Senate and the Committee on 
National Security and the Committee on Appropriations of the''.
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          (A) Costs incurred in the United States and costs 
        incurred outside the United States in connection with 
        the stationing of United States forces outside the 
        United States.
          (B) The costs incurred outside the United States in 
        connection with operating, maintaining, and supporting 
        United States forces outside the United States, 
        including all direct and indirect expenditures of 
        United States funds in connection with such stationing.
          (C) The effect of such expenditures outside the 
        United States on the balance of payments of the United 
        States.
    (2) Each report under this subsection shall be prepared in 
consultation with the Secretary of Commerce.
    (3) In this subsection, the term ``United States'', when 
used in a geographic sense, includes the territories and 
possessions of the United States.
    (k)\11\ The Secretary of Defense, with the advice and 
assistance of the Chairman of the Joint Chiefs of Staff, shall 
provide annually to the Secretaries of the military departments 
and to the commanders of the combatant commands written 
guidelines to direct the effective detection and monitoring of 
all potential aerial and maritime threats to the national 
security of the United States. Those guidelines shall include 
guidance on the specific force levels and specific supporting 
resources to be made available for the period of time for which 
the guidelines are to be in effect.
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    \11\Sec. 1101 of Public Law 100-456 (102 Stat. 2042) added subsec. 
(l), redesignated as subsec. (k) by the National Defense Authorization 
Act of 1991 (Public Law 101-510; 104 Stat. 1671).
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Sec. 114.\12\ Annual authorization of appropriations * * *

    (c)\13\ (1)\14\ The size of the Special Defense Acquisition 
Fund established pursuant to chapter 5 of the Arms Export 
Control Act (22 U.S.C. 2795 et seq.) may not exceed 
$1,070,000,000.\15\
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    \12\Sec. 114 was originally codified at sec. 138 of 10 U.S.C. 
Public Law 99-433 (Department of Defense Reorganization Act of 1986) 
redesignated sec. 138 of 10 U.S.C. as sec. 114 and modified the section 
title.
    \13\Subsec. (c) was originally enacted by sec. 108(b) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 96 Stat. 1519) and codified at subsec. (g) of sec. 138 (now 
114). Public Law 99-433 redesignated subsec. (g) as subsec. (c).
    \14\Sec. 1481(a) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1704) added par. 
designation (1) in subsec. (c) and added new par. (2).
    \15\Earlier limits included program ceilings of $300,000,000 for 
fiscal year 1982; $600,000,000 for fiscal year 1983 and $900,000 for 
fiscal year 1984 and any fiscal year thereafter. Sec. 1403 of the 
Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 
Stat. 743), changed the amount of the program ceiling to 
$1,000,000,000. Sec. 1304(a) of Public Law 99-661 increased the ceiling 
to $1,070,000,000. For the text of chapter 5 of the Arms Export Control 
Act, see Legislation on Foreign Relations Through 1997, vol. I--A.
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    (2)\14\ (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))--
          (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.
          * * * * * * *

Sec. 117.\16\ * * * [Repealed--1990]
---------------------------------------------------------------------------

    \16\Sec. 117 was repealed by sec. 1301(1) of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 
1668). Sec. 117 had required an annual report on North Atlantic Treaty 
Organization readiness, to be prepared by the Secretary of Defense and 
submitted to the Committees on Armed Services and on Appropriations of 
the Senate and House of Representatives. Sec. 117 was originally 
enacted as sec. 808 of Public Law 96-107 (DOD Authorization Act, 1980). 
Public Law 97-295 (96 Stat. 1287) made technical changes to the text of 
sec. 808, codified it at 10 U.S.C. 133a, and repealed sec. 808 of 
Public Law 96-107. The Department of Defense Reorganization Act of 1986 
(Public Law 99-433 ) redesignated sec. 133a as sec. 117 and modified 
the section title.
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Sec. 118.\17\ * * * [Repealed--1990]
---------------------------------------------------------------------------

    \17\Sec. 118 was repealed by sec. 1301(2) of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 
1668). Sec. 118 had required the Secretary of Defense to report to 
Congress the possible impact of any defense article transfer or sale 
valued at $50,000,000 or more. Sec. 118 was originally enacted as sec. 
813 of Public Law 94-106 (DOD Authorization Act, 1976). Sec. 814 of 
Public Law 95-79 (DOD Authorization Act, 1978) amended sec. 813 by 
adding the requirement for information contained in par. (3). Sec. 1104 
of Public Law 97-252 (DOD Authorization Act, 1983) further amended sec. 
813 by increasing the dollar amount specified in the first sentence 
from $25,000,000 to $50,000,000. Public Law 97-295 (96 Stat. 1287) made 
technical changes to the text of sec. 813, codified it at 10 U.S.C. 
133b, and repealed sec. 813 of Public Law 94-106, sec. 814 of Public 
Law 95-79, and sec. 1104 of Public Law 97-252. The Department of 
Defense Reorganization Act of 1986 (Public Law 99-433) redesignated 
sec. 133b of 10 U.S.C. as sec. 118.
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          * * * * * * *

                CHAPTER 3--GENERAL POWERS AND FUNCTIONS

          * * * * * * *

Sec. 123a.\18\ Suspension of end-strength limitations in time of war or 
                    national emergency

    If at the end of any fiscal year there is in effect a war 
or national emergency, the President may defer the 
effectiveness of any end-strength limitation with respect to 
that fiscal year prescribed by law for any military or civilian 
component of the armed forces or of the Department of Defense. 
Any such deferral may not extend beyond November 30 of the 
following fiscal year.
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    \18\Added by sec. 1483(b)(1) of Public Law 101-510 (104 Stat. 
1715).
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Sec. 123b.\19\ Forces stationed abroad: limitation on number

    (a) End-Strength Limitation.--No funds appropriated to the 
Department of Defense may be used to support a strength level 
of members of the armed forces assigned to permanent duty 
ashore in nations outside the United States at the end of any 
fiscal year at a level in excess of 203,000.
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    \19\Added by 1312(a) of Public Law 103-337 (108 Stat. 2894). 
Subsec. (b) of that section provided the following:
    ``(b) Effective Date.--Section 123b of title 10, United States 
Code, as added by subsection (a), does not apply with respect to a 
fiscal year before fiscal year 1996.''.
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    (b) Exception for Wartime.--Subsection (a) does not apply 
in the event of a declaration of war or an armed attack on any 
member nation of the North Atlantic Treaty Organization, Japan, 
the Republic of Korea, or any other ally of the United States.
    (c) Presidential Waiver.--The President may waive the 
operation of subsection (a) if the President declares an 
emergency. The President shall immediately notify Congress of 
any such waiver.

Sec. 124.\20\ Detection and monitoring of aerial and maritime transit 
                    of illegal drugs: Department of Defense to be lead 
                    agency

    (a) Lead Agency.--(1)\21\ The Department of Defense shall 
serve as the single lead agency of the Federal Government for 
the detection and monitoring of aerial and maritime transit of 
illegal drugs into the United States.
---------------------------------------------------------------------------
    \20\Sec. 1202(a) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1563) added 
sec. 124.
    See also Sec. 1043 of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2492).
    \21\Sec. 1088(b) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1485) added 
par. designation (1) and added new par. (2).
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    (2)\21\ The responsibility conferred by paragraph (1) shall 
be carried out in support of the counter-drug activities of 
Federal, State, local, and foreign law enforcement agencies.
    (b) Performance of Detection and Monitoring Function.--(1) 
To carry out subsection (a), Department of Defense personnel 
may operate equipment of the Department to intercept a vessel 
or an aircraft detected outside the land area of the United 
States for the purposes of--
          (A) identifying and communicating with that vessel or 
        aircraft; and
          (B) directing that vessel or aircraft to go to a 
        location designated by appropriate civilian officials.
    (2) In cases in which a vessel or an aircraft is detected 
outside the land area of the United States, Department of 
Defense personnel may begin or continue pursuit of that vessel 
or aircraft over the land area of the United States.
    (c) United States Defined.--In this section, the term 
``United States'' means the land area of the several States and 
any territory, commonwealth, or possession of the United 
States.
          * * * * * * *

Sec. 127a.\22\ Operations for which funds are not provided in advance: 
                    funding mechanisms

    (a) In General.--(1) The Secretary of Defense shall use the 
procedures prescribed by this section with respect to any 
operation specified in paragraph (2) that involves--
---------------------------------------------------------------------------
    \22\Sec. 127a was amended and restated by sec. 1003(a)(1) of the 
National Defense Authorization Act for Fiscal Year 1996 (Public Law 
104-106; 110 Stat. 415). It was originally added by sec. 1108(a)(1) of 
the National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1751).
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          (A) the deployment (other than for a training 
        exercise) of elements of the Armed Forces for a purpose 
        other than a purpose for which funds have been 
        specifically provided in advance; or
          (B) the provision of humanitarian assistance, 
        disaster relief, or support for law enforcement 
        (including immigration control) for which funds have 
        not been specifically provided in advance.
    (2) This section applies to--
          (A) any operation the incremental cost of which is 
        expected to exceed $50,000,000; and
          (B) any other operation the expected incremental cost 
        of which, when added to the expected incremental costs 
        of other operations that are currently ongoing, is 
        expected to result in a cumulative incremental cost of 
        ongoing operations of the Department of Defense in 
        excess of $100,000,000.
Any operation the incremental cost of which is expected not to 
exceed $10,000,000 shall be disregarded for the purposes of 
subparagraph (B).
    (3) Whenever an operation to which this section applies is 
commenced or subsequently becomes covered by this section, the 
Secretary of Defense shall designate and identify that 
operation for the purposes of this section and shall promptly 
notify Congress of that designation (and of the identification 
of the operation).
    (4) This section does not provide authority for the 
President or the Secretary of Defense to carry out any 
operation, but establishes mechanisms for the Department of 
Defense by which funds are provided for operations that the 
armed forces are required to carry out under some other 
authority.
    (b) Waiver of Requirement To Reimburse Support Units.--(1) 
The Secretary of Defense shall direct that, when a unit of the 
Armed Forces participating in an operation described in 
subsection (a) receives services from an element of the 
Department of Defense that operates through the Defense 
Business Operations Fund (or a successor fund), such unit of 
the Armed Forces may not be required to reimburse that element 
for the incremental costs incurred by that element in providing 
such services, notwithstanding any other provision of law or 
any Government accounting practice.
    (2) The amounts which but for paragraph (1) would be 
required to be reimbursed to an element of the Department of 
Defense (or a fund) shall be recorded as an expense 
attributable to the operation and shall be accounted for 
separately.
    (c) Transfer Authority.--(1) Whenever there is an operation 
of the Department of Defense described in subsection (a), the 
Secretary of Defense may transfer amounts described in 
paragraph (3) to accounts from which incremental expenses for 
that operation were incurred in order to reimburse those 
accounts for those incremental expenses. Amounts so transferred 
shall be merged with and be available for the same purposes as 
the accounts to which transferred.
    (2) The total amount that the Secretary of Defense may 
transfer under the authority of this section in any fiscal year 
is $200,000,000.
    (3) Transfers under this subsection may only be made from 
amounts appropriated to the Department of Defense for any 
fiscal year that remain available for obligation, other than 
amounts within any operation and maintenance appropriation that 
are available for (A) an account (known as a budget activity 1 
account) that is specified as being for operating forces, or 
(B) an account (known as a budget activity 2 account) that is 
specified as being for mobilization.
    (4) The authority provided by this subsection is in 
addition to any other authority provided by law authorizing the 
transfer of amounts available to the Department of Defense. 
However, the Secretary may not use any such authority under 
another provision of law for a purpose described in paragraph 
(1) if there is authority available under this subsection for 
that purpose.
    (5) The authority provided by this subsection to transfer 
amounts may not be used to provide authority for an activity 
that has been denied authorization by Congress.
    (6) A transfer made from one account to another under the 
authority of this subsection shall be deemed to increase the 
amount authorized for the account to which the amount is 
transferred by an amount equal to the amount transferred.
    (d) Report Upon Designation of an Operation.--Within 45 
days after the Secretary of Defense identifies an operation 
pursuant to subsection (a)(2), the Secretary of Defense shall 
submit to Congress a report that sets forth the following:
          (1) The manner by which the Secretary proposes to 
        obtain funds for the cost to the United States of the 
        operation, including a specific discussion of how the 
        Secretary proposes to restore balances in--
                  (A) the Defense Business Operations Fund (or 
                a successor fund), or
                  (B) the accounts from which the Secretary 
                transfers funds under the authority of 
                subsection (c), to the levels that would have 
                been anticipated but for the provisions of 
                subsection (c).
          (2) If the operation is described in subsection 
        (a)(1)(B), a justification why the budgetary resources 
        of another department or agency of the Federal 
        Government, instead of resources of the Department of 
        Defense, are not being used for carrying out the 
        operation.
          (3) The objectives of the operation.
          (4) The estimated duration of the operation and of 
        any deployment of armed forces personnel in such 
        operation.
          (5) The estimated incremental cost of the operation 
        to the United States.
          (6) The exit criteria for the operation and for the 
        withdrawal of the elements of the armed forces involved 
        in the operation.
    (e) Limitations.--(1) The Secretary may not restore 
balances in the Defense Business Operations Fund through 
increases in rates charged by that fund in order to compensate 
for costs incurred and not reimbursed due to subsection (b).
    (2) The Secretary may not restore balances in the Defense 
Business Operations Fund or any other fund or account through 
the use of unobligated amounts in an operation and maintenance 
appropriation that are available within that appropriation for 
(A) an account (known as a budget activity 1 account) that is 
specified as being for operating forces, or (B) an account 
(known as a budget activity 2 account) that is specified as 
being for mobilization.
    (f) Submission of Requests for Supplemental 
Appropriations.--It is the sense of Congress that whenever 
there is an operation described in subsection (a), the 
President should, not later than 90 days after the date on 
which notification is provided pursuant to subsection (a)(3), 
submit to Congress a request for the enactment of supplemental 
appropriations for the then-current fiscal year in order to 
provide funds to replenish the Defense Business Operations Fund 
or any other fund or account of the Department of Defense from 
which funds for the incremental expenses of that operation were 
derived under this section and should, as necessary, submit 
subsequent requests for the enactment of such appropriations.
    (g) Incremental Costs.--For purposes of this section, 
incremental costs of the Department of Defense with respect to 
an operation are the costs of the Department that are directly 
attributable to the operation (and would not have been incurred 
but for the operation). Incremental costs do not include the 
cost of property or services acquired by the Department that 
are paid for by a source outside the Department or out of funds 
contributed by such a source.
    (h) Relationship to War Powers Resolution.--This section 
may not be construed as altering or superseding the War Powers 
Resolution. This section does not provide authority to conduct 
any military operation.
    (i) GAO Compliance Reviews.--The Comptroller General of the 
United States shall from time to time, and when requested by a 
committee of Congress, conduct a review of the defense funding 
structure under this section to determine whether the 
Department of Defense is complying with the requirements and 
limitations of this section.
          * * * * * * *

                     CHAPTER 6--COMBATANT COMMANDS

          * * * * * * *

Sec. 168.\23\ Military-to-military contacts and comparable activities

    (a) Program Authority.--The Secretary of Defense may 
conduct military-to-military contacts and comparable activities 
that are designed to encourage a democratic orientation of 
defense establishments and military forces of other countries.
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    \23\Added by sec. 1316(a) of the National Defense Authorization Act 
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2898). See also 
sec. 1082 of the National Defense Authorization Act for Fiscal Year 
1997 (Public Law 104-201; 110 Stat. 2672; 10 U.S.C. 168 note).
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    (b) Administration.--The Secretary may provide funds 
appropriated for carrying out subsection (a) to the following 
officials for use as provided in subsection (c):
          (1) The commander of a combatant command, upon the 
        request of the commander.
          (2) An officer designated by the Chairman of the 
        Joint Chiefs of Staff, with respect to an area or areas 
        not under the area of responsibility of a commander of 
        a combatant command.
          (3) The head of any Department of Defense component.
    (c) Authorized Activities.--An official provided funds 
under subsection (b) may use those funds for the following 
activities and expenses:
          (1) The activities of traveling contact teams, 
        including any transportation expense, translation 
        services expense, or administrative expense that is 
        related to such activities.
          (2) The activities of military liaison teams.
          (3) Exchanges of civilian or military personnel 
        between the Department of Defense and defense 
        ministries of foreign governments.
          (4) Exchanges of military personnel between units of 
        the armed forces and units of foreign armed forces.
          (5) Seminars and conferences held primarily in a 
        theater of operations.
          (6) Distribution of publications primarily in a 
        theater of operations.
          (7) Personnel expenses for Department of Defense 
        civilian and military personnel to the extent that 
        those expenses relate to participation in an activity 
        described in paragraph (3), (4), (5), or (6).
          (8) Reimbursement of military personnel 
        appropriations accounts for the pay and allowances paid 
        to reserve component personnel for service while 
        engaged in any activity referred to in another 
        paragraph of this subsection.
    (d) Relationship to Other Funding.--Any amount provided 
during any fiscal year to an official under subsection (b) for 
an activity or expense referred to in subsection (c) shall be 
in addition to amounts otherwise available for those activities 
and expenses for that fiscal year.
  (e) Limitations.--(1) Funds may not be provided under this 
section for a fiscal year for any activity for which--
          (A) funding was proposed in the budget submitted to 
        Congress for that fiscal year pursuant to section 
        1105(a) of title 31; and
          (B) Congress did not authorize appropriations.
  (2) An activity may not be conducted under this section with 
a foreign country unless the Secretary of State approves the 
conduct of such activity in that foreign country.
    (3) Funds may not be provided under this section for a 
fiscal year for any country that is not eligible in that fiscal 
year for assistance under chapter 5 of part II of the Foreign 
Assistance Act of 1961.
    (4) Except for those activities specifically authorized 
under subsection (c), funds may not be used under this section 
for the provision of defense articles or defense services to 
any country or for assistance under chapter 5 of part II of the 
Foreign Assistance Act of 1961.
    (f)\24\  Active Duty End Strengths.--(1) A member of a 
reserve component referred to in paragraph (2) shall not be 
counted for purposes of the following personnel strength 
limitations:
---------------------------------------------------------------------------
    \24\Sec. 416 of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 289) redesignated subsec. (f) 
as subsec. (g) and added a new subsec. (f).
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          (A) The end strength for active-duty personnel 
        authorized pursuant to section 115(a)(1) of this title 
        for the fiscal year in which the member carries out the 
        activities referred to in paragraph (2).
          (B) The authorized daily average for members in pay 
        grades E-8 and E-9 under section 517 of this title for 
        the calendar year in which the member carries out such 
        activities.
          (C) The authorized strengths for commissioned 
        officers under section 523 of this title for the fiscal 
        year in which the member carries out such activities.
    (2) A member of a reserve component referred to in 
paragraph (1) is any member on active duty under an order to 
active duty for 180 days or more who is engaged in activities 
authorized under this section.
    (g)\24\ Military-to-Military Contacts Defined.--In this 
section, the term ``military-to-military contacts'' means 
contacts between members of the armed forces and members of 
foreign armed forces through activities described in subsection 
(c).
          * * * * * * *

              CHAPTER 7--BOARDS, COUNCILS, AND COMMITTEES

          * * * * * * *

Sec. 182.\25\ Center for Excellence in Disaster Management and 
                    Humanitarian Assistance

    (a) Establishment.--The Secretary of Defense may operate a 
Center for Excellence in Disaster Management and Humanitarian 
Assistance (in this section referred to as the ``Center'').
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    \25\Added by sec. 382(a) of the National Defense Authorization Act 
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1709). Subsec. (b) 
of that section provided the following:
    ``(b) Funding for Fiscal Year 1998.--Of the funds authorized to be 
appropriated pursuant to section 301(5) for operation and maintenance 
for Defense-wide activities, $5,000,000 shall be available for the 
operation of the Center for Excellence in Disaster Management and 
Humanitarian Assistance established under section 182 of title 10, 
United States Code, as added by subsection (a).''.
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    (b) Missions.--(1) The Center shall be used to provide and 
facilitate education, training, and research in civil-military 
operations, particularly operations that require international 
disaster management and humanitarian assistance and operations 
that require coordination between the Department of Defense and 
other agencies.
    (2) The Center shall be used to make available high-quality 
disaster management and humanitarian assistance in response to 
disasters.
    (3) The Center shall be used to provide and facilitate 
education, training, interagency coordination, and research on 
the following additional matters:
          (A) Management of the consequences of nuclear, 
        biological, and chemical events.
          (B) Management of the consequences of terrorism.
          (C) Appropriate roles for the reserve components in 
        the management of such consequences and in disaster 
        management and humanitarian assistance in response to 
        natural disasters.
          (D) Meeting requirements for information in 
        connection with regional and global disasters, 
        including the use of advanced communications technology 
        as a virtual library.
          (E) Tropical medicine, particularly in relation to 
        the medical readiness requirements of the Department of 
        Defense.
    (4) The Center shall develop a repository of disaster risk 
indicators for the Asia-Pacific region.
    (5) The Center shall perform such other missions as the 
Secretary of Defense may specify.
    (c) Joint Operation With Educational Institution 
Authorized.--The Secretary of Defense may enter into an 
agreement with appropriate officials of an institution of 
higher education to provide for joint operation of the Center. 
Any such agreement shall provide for the institution to furnish 
necessary administrative services for the Center, including 
administration and allocation of funds.
    (d) Acceptance of Donations.--(1) Except as provided in 
paragraph (2), the Secretary of Defense may accept, on behalf 
of the Center, donations to be used to defray the costs of the 
Center or to enhance the operation of the Center. Such 
donations may be accepted from any agency of the Federal 
Government, any State or local government, any foreign 
government, any foundation or other charitable organization 
(including any that is organized or operates under the laws of 
a foreign country), or any other private source in the United 
States or a foreign country.
    (2) The Secretary may not accept a donation under paragraph 
(1) if the acceptance of the donation would compromise or 
appear to compromise--
          (A) the ability of the Department of Defense, any 
        employee of the Department, or members of the armed 
        forces, to carry out any responsibility or duty of the 
        Department in a fair and objective manner; or
          (B) the integrity of any program of the Department of 
        Defense or of any person involved in such a program.
    (3) The Secretary shall prescribe written guidance setting 
forth the criteria to be used in determining whether or not the 
acceptance of a foreign donation would have a result described 
in paragraph (2).
    (4) Funds accepted by the Secretary under paragraph (1) as 
a donation on behalf of the Center shall be credited to 
appropriations available to the Department of Defense for the 
Center. Funds so credited shall be merged with the 
appropriations to which credited and shall be available for the 
Center for the same purposes and the same period as the 
appropriations with which merged.
          * * * * * * *

   CHAPTER 18--MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES

          * * * * * * *

Sec. 371.\26\ Use of information collected during military operations

    (a) The Secretary of Defense may, in accordance with other 
applicable law, provide to Federal, State, or local civilian 
law enforcement officials any information collected during the 
normal course of military training or operations that may be 
relevant to a violation of any Federal or State law within the 
jurisdiction of such officials.
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    \26\Sec. 1104 of Public Law 100-456 (102 Stat. 2042) substantially 
revised Chapter 8-Military Support for Civilian Law Enforcement 
Agencies. Secs. 371 through 380 were enacted by this sec. 1104.
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    (b) The needs of civilian law enforcement officials for 
information shall, to the maximum extent practicable, be taken 
into account in the planning and execution of military training 
or operations.
    (c) The Secretary of Defense shall ensure, to the extent 
consistent with national security, that intelligence 
information held by the Department of Defense and relevant to 
drug interdiction or other civilian law enforcement matters is 
provided promptly to appropriate civilian law enforcement 
officials.

Sec. 372.\26\ Use of military equipment and facilities

    (a)\27\ In General.--The Secretary of Defense may, in 
accordance with other applicable law, make available any 
equipment (including associated supplies or spare parts), base 
facility, or research facility of the Department of Defense to 
any Federal, State, or local civilian law enforcement official 
for law enforcement purposes.
---------------------------------------------------------------------------
    \27\Sec. 378 of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 284) added ``(a) In General.--
'' and added subsec. (b).
---------------------------------------------------------------------------
    (b)\27\ Emergencies Involving Chemical and Biological 
Agents.--(1) In addition to equipment and facilities described 
in subsection (a), the Secretary may provide an item referred 
to in paragraph (2) to a Federal, State, or local law 
enforcement or emergency response agency to prepare for or 
respond to an emergency involving chemical or biological agents 
if the Secretary determines that the item is not reasonably 
available from another source. The requirement for a 
determination that an item is not reasonably available from 
another source does not apply to assistance provided under 
section 382 of this title pursuant to a request of the Attorney 
General for the assistance.\28\
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    \28\Sec. 1416(b) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2723) added the last 
sentence to subsec. (b)(1).
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    (2) An item referred to in paragraph (1) is any material or 
expertise of the Department of Defense appropriate for use in 
preparing for or responding to an emergency involving chemical 
or biological agents, including the following:
          (A) Training facilities.
          (B) Sensors.
          (C) Protective clothing.
          (D) Antidotes.

Sec. 373.\26\ Training and advising civilian law enforcement officials

    The Secretary of Defense may, in accordance with other 
applicable law, make Department of Defense personnel 
available--
          (1) to train Federal, State, and local civilian law 
        enforcement officials in the operation and maintenance 
        of equipment, including equipment made available under 
        section 372 of this title; and
          (2) to provide such law enforcement officials with 
        expert advice relevant to the purposes of this chapter.

Sec. 374.\26\,\29\ Maintenance and operation of equipment

    (a) The Secretary of Defense may, in accordance with other 
applicable law, make Department of Defense personnel available 
for the maintenance of equipment for Federal, State, and local 
civilian law enforcement officials, including equipment made 
available under section 372 of this title.
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    \29\Sec. 8071(a) of Public Law 105-56 (111 Stat. 1235; 10 U.S.C. 
374 note) provided the following:
    ``Sec. 8071. (a) None of the funds available to the Department of 
Defense for any fiscal year for drug interdiction or counterdrug 
activities may be transferred to any other department or agency of the 
United States except as specifically provided in an appropriations 
law.''.
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    (b)(1) Subject to paragraph (2) and in accordance with 
other applicable law, the Secretary of Defense may, upon 
request from the head of a Federal law enforcement agency, make 
Department of Defense personnel available to operate equipment 
(including equipment made available under section 372 of this 
title) with respect to--
          (A) a criminal violation of a provision of law 
        specified in paragraph (4)(A); or
          (B) assistance that such agency is authorized to 
        furnish to a State, local, or foreign government which 
        is involved in the enforcement of similar laws.
    (2) Department of Defense personnel made available to a 
civilian law enforcement agency under this subsection may 
operate equipment for the following purposes:
          (A) Detection, monitoring, and communication of the 
        movement of air and sea traffic.
          (B)\30\ Detection, monitoring, and communication of 
        the movement of surface traffic outside of the 
        geographic boundary of the United States and within the 
        United States not to exceed 25 miles of the boundary if 
        the initial detection occurred outside of the boundary.
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    \30\Sec. 1042(1) of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2492) redesignated 
subpars. (B) through (E) as (C) through (F) and added a new subpar. 
(B).
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          (C)\30\ Aerial reconnaissance.
          (D)\30\ Interception of vessels or aircraft detected 
        outside the land area of the United States for the 
        purposes of communicating with such vessels and 
        aircraft to direct such vessels and aircraft to go to a 
        location designated by appropriate civilian officials.
          (E)\30\ Operation of equipment to facilitate 
        communications in connection with law enforcement 
        programs specified in paragraph (4)(A).
          (F)\30\ Subject to joint approval by the Secretary of 
        Defense\31\ and the Attorney General (and the Secretary 
        of State in the case of a law enforcement operation 
        outside of the land area of the United States)--
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    \31\Sec. 1210 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1566) inserted text 
from this point to close parentheses, in lieu of ``, the Attorney 
General, and the Secretary of State, in connection with a law 
enforcement operation outside the land area of the United States''.
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                  (i) the transportation of civilian law 
                enforcement personnel; and
                  (ii) the operation of a base of operations 
                for civilian law enforcement personnel.
    (3) Department of Defense personnel made available to 
operate equipment for the purpose stated in paragraph 
(2)(D)\32\ may continue to operate such equipment into the land 
area of the United States in cases involving the pursuit of 
vessels or aircraft where the detection began outside such land 
area.
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    \32\Sec. 1042(2) of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2492) struck 
``paragraph (2)(C)'' and inserted in lieu thereof ``paragraph (2)(D)'' 
to conform with amendments in par. (2).
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    (4) In this subsection:
          (A) The term `Federal law enforcement agency' means 
        an agency with jurisdiction to enforce any of the 
        following:
                  (i) The Controlled Substances Act (21 U.S.C. 
                801 et seq.) or the Controlled Substances 
                Import and Export Act (21 U.S.C. 951 et seq.).
                  (ii) Any of sections 274 through 278 of the 
                Immigration and Nationality Act (8 U.S.C. 1324-
                1328).
                  (iii) A law relating to the arrival or 
                departure of merchandise (as defined in section 
                401 of the Tariff Act of 1930 (19 U.S.C. 1401) 
                into or out of the customs territory of the 
                United States (as defined in general note 2 of 
                the Harmonized Tariff Schedule of the United 
                States)\33\ or any other territory or 
                possession of the United States.
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    \33\Sec. 1216(b) of Public Law 101-189 (103 Stat. 1569) made 
technical corrections to the parenthetical text. It formerly referred 
to the ``general headnote 2 of the Tariff Schedules of the United 
States''.
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                  (iv) The Maritime Drug Law Enforcement Act 
                (46 U.S.C. App. 1901 et seq.).
          (B) The term `land area of the United States' 
        includes the land area of any territory, commonwealth, 
        or possession of the United States.
    (c) The Secretary of Defense may, in accordance with other 
applicable law, make Department of Defense personnel available 
to any Federal, State, or local civilian law enforcement agency 
to operate equipment for purposes other than described in 
subsec. (b)(2)\34\ only to the extent that such support does 
not involve direct participation by such personnel in a 
civilian law enforcement operation unless such direct 
participation is otherwise authorized by law.
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    \34\Sec. 1216(c) of Public Law 101-189 (103 Stat. 1569) made 
technical corrections here. Formerly referred to ``paragraph (2)''.
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Sec. 375.\26\ Restriction on direct participation by military personnel

    The Secretary of Defense shall prescribe such regulations 
as may be necessary to ensure that any activity\35\ (including 
the provision of any equipment or facility or the assignment or 
detail of any personnel)\36\ under this chapter does not 
include or permit direct participation by a member of the Army, 
Navy, Air Force, or Marine Corps in a search, seizure, 
arrest,\37\ or other similar activity unless participation in 
such activity by such member is otherwise authorized by law.
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    \35\Sec. 1211(1) of Public Law 101-189 (103 Stat. 1567) inserted 
``any activity'' in lieu of ``the provision of any support''.
    \36\Sec. 1211(2) of Public Law 101-189 (103 Stat. 1567) struck out 
``to any civilian law enforcement official'' at this point.
    \37\Sec. 1211(3) of Public Law 101-189 (103 Stat. 1567) inserted 
``a search, seizure, arrest,'' in lieu of ``a search and seizure, an 
arrest,''.
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Sec. 376.\26\ Support not to affect adversely military preparedness

    Support (including the provision of any equipment or 
facility or the assignment or detail of any personnel) may not 
be provided to any civilian law enforcement official under this 
chapter if the provision of such support will adversely affect 
the military preparedness of the United States. The Secretary 
of Defense shall prescribe such regulations as may be necessary 
to ensure that the provision of any such support does not 
adversely affect the military preparedness of the United 
States.

Sec. 377.\26\ Reimbursement

    (a) To the extent otherwise required by section 1535 of 
title 31 (popularly known as the `Economy Act') or other 
applicable law, the Secretary of Defense shall require a 
civilian law enforcement agency to which support is provided 
under this chapter to reimburse the Department of Defense for 
that support.
    (b) An agency to which support is provided under this 
chapter is not required to reimburse the Department of Defense 
for such support if such support--
          (1) is provided in the normal course of military 
        training or operations; or
          (2) results in a benefit to the element of the 
        Department of Defense providing the support that is 
        substantially equivalent to that which would otherwise 
        be obtained from military operations or training.

Sec. 378.\26\ Nonpreemption of other law

    Nothing in this chapter shall be construed to limit the 
authority of the executive branch in the use of military 
personnel or equipment for civilian law enforcement purposes 
beyond that provided by law before December 1, 1981.

Sec. 379.\26\ Assignment of Coast Guard personnel to naval vessels for 
                    law enforcement purposes

    (a) The Secretary of Defense and the Secretary of 
Transportation shall provide that there be assigned on board 
every appropriate surface naval vessel at sea in a drug-
interdiction area members of the Coast Guard who are trained in 
law enforcement and have powers of the Coast Guard under title 
14, including the power to make arrests and to carry out 
searches and seizures.
    (b) Members of the Coast Guard assigned to duty on board 
naval vessels under this section shall perform such law 
enforcement functions (including drug-interdiction functions)--
          (1) as may be agreed upon by the Secretary of Defense 
        and the Secretary of Transportation; and
          (2) as are otherwise within the jurisdiction of the 
        Coast Guard.
    (c) No fewer than 500 active duty personnel of the Coast 
Guard shall be assigned each fiscal year to duty under this 
section. However, if at any time the Secretary of 
Transportation, after consultation with the Secretary of 
Defense, determines that there are insufficient naval vessels 
available for purposes of this section, such personnel may be 
assigned other duty involving enforcement of laws listed in 
section 374(b)(4)(A) of this title.
    (d) In this section, the term `drug-interdiction area' 
means an area outside the land area of the United States (as 
defined in section 374(b)(4)(B) of this title) in which the 
Secretary of Defense (in consultation with the Attorney 
General) determines that activities involving smuggling of 
drugs into the United States are ongoing.

Sec. 380.\26\ Enhancement of cooperation with civilian law enforcement 
                    officials

    (a) The Secretary of Defense, in cooperation with the 
Attorney General, shall conduct an annual briefing of law 
enforcement personnel of each State (including law enforcement 
personnel of the political subdivisions of each State) 
regarding information, training, technical support, and 
equipment and facilities available to civilian law enforcement 
personnel from the Department of Defense.
    (b) Each briefing conducted under subsection (a) shall 
include the following:
          (1) An explanation of the procedures for civilian law 
        enforcement officials--
                  (A) to obtain information, equipment, 
                training, expert advice, and other personnel 
                support under this chapter; and
                  (B) to obtain surplus military equipment.
          (2) A description of the types of information, 
        equipment and facilities, and training and advice 
        available to civilian law enforcement officials from 
        the Department of Defense.
          (3) A current, comprehensive list of military 
        equipment which is suitable for law enforcement 
        officials from the Department of Defense or available 
        as surplus property from the Administrator of General 
        Services.
    (c) The Attorney General and the Administrator of General 
Services shall--
          (1) establish or designate an appropriate office or 
        offices to maintain the list described in subsection 
        (b)(3) and to furnish information to civilian law 
        enforcement officials on the availability of surplus 
        military equipment; and
          (2) make available to civilian law enforcement 
        personnel nationwide, tollfree telephone communication 
        with such office or offices.
          * * * * * * *

Sec. 382.\38\ Emergency situations involving chemical or biological 
                    weapons of mass destruction
---------------------------------------------------------------------------

    \38\Added by sec. 1416(a) of the National Defense Authorization Act 
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2721).
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    (a) In General.--The Secretary of Defense, upon the request 
of the Attorney General, may provide assistance in support of 
Department of Justice activities relating to the enforcement of 
section 175 or 2332c of title 18 during an emergency situation 
involving a biological or chemical weapon of mass destruction. 
Department of Defense resources, including personnel of the 
Department of Defense, may be used to provide such assistance 
if--
          (1) the Secretary of Defense and the Attorney General 
        jointly determine that an emergency situation exists; 
        and
          (2) the Secretary of Defense determines that the 
        provision of such assistance will not adversely affect 
        the military preparedness of the United States.
    (b) Emergency Situations Covered.--In this section, the 
term ``emergency situation involving a biological or chemical 
weapon of mass destruction'' means a circumstance involving a 
biological or chemical weapon of mass destruction--
          (1) that poses a serious threat to the interests of 
        the United States; and
          (2) in which--
                  (A) civilian expertise and capabilities are 
                not readily available to provide the required 
                assistance to counter the threat immediately 
                posed by the weapon involved;
                  (B) special capabilities and expertise of the 
                Department of Defense are necessary and 
                critical to counter the threat posed by the 
                weapon involved; and
                  (C) enforcement of section 175 or 2332c of 
                title 18 would be seriously impaired if the 
                Department of Defense assistance were not 
                provided.
    (c) Forms of Assistance.--The assistance referred to in 
subsection (a) includes the operation of equipment (including 
equipment made available under section 372 of this title) to 
monitor, contain, disable, or dispose of the weapon involved or 
elements of the weapon.
    (d) Regulations.--(1) The Secretary of Defense and the 
Attorney General shall jointly prescribe regulations concerning 
the types of assistance that may be provided under this 
section. Such regulations shall also describe the actions that 
Department of Defense personnel may take in circumstances 
incident to the provision of assistance under this section.
    (2)(A) Except as provided in subparagraph (B), the 
regulations may not authorize the following actions:
          (i) Arrest.
          (ii) Any direct participation in conducting a search 
        for or seizure of evidence related to a violation of 
        section 175 or 2332c of title 18.
          (iii) Any direct participation in the collection of 
        intelligence for law enforcement purposes.
    (B) The regulations may authorize an action described in 
subparagraph (A) to be taken under the following conditions:
          (i) The action is considered necessary for the 
        immediate protection of human life, and civilian law 
        enforcement officials are not capable of taking the 
        action.
          (ii) The action is otherwise authorized under 
        subsection (c) or under otherwise applicable law.
    (e) Reimbursements.--The Secretary of Defense shall require 
reimbursement as a condition for providing assistance under 
this section to the extent required under section 377 of this 
title.
    (f) Delegations of Authority.--(1) Except to the extent 
otherwise provided by the Secretary of Defense, the Deputy 
Secretary of Defense may exercise the authority of the 
Secretary of Defense under this section. The Secretary of 
Defense may delegate the Secretary's authority under this 
section only to an Under Secretary of Defense or an Assistant 
Secretary of Defense and only if the Under Secretary or 
Assistant Secretary to whom delegated has been designated by 
the Secretary to act for, and to exercise the general powers 
of, the Secretary.
    (2) Except to the extent otherwise provided by the Attorney 
General, the Deputy Attorney General may exercise the authority 
of the Attorney General under this section. The Attorney 
General may delegate that authority only to the Associate 
Attorney General or an Assistant Attorney General and only if 
the Associate Attorney General or Assistant Attorney General to 
whom delegated has been designated by the Attorney General to 
act for, and to exercise the general powers of, the Attorney 
General.
    (g) Relationship to Other Authority.--Nothing in this 
section shall be construed to restrict any executive branch 
authority regarding use of members of the armed forces or 
equipment of the Department of Defense that was in effect 
before September 23, 1996.\39\
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    \39\Sec. 1073(a)(6) of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1900) struck out ``the 
date of the enactment of the National Defense Authorization Act for 
Fiscal Year 1997'' and inserted in lieu thereof ``September 23, 1996''.
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           CHAPTER 20--HUMANITARIAN AND OTHER ASSISTANCE\40\

Sec. 401.\41\ Humanitarian and civic assistance provided in conjunction 
                    with military operations
    (a)(1) Under regulations prescribed by the Secretary of 
Defense,\42\ the Secretary of a military department may carry 
out humanitarian and civic assistance activities in conjunction 
with authorized military operations of the armed forces in a 
country if the Secretary concerned determines that the 
activities will promote--
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    \40\Sec. 571(c) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 353) struck out 
subchapter headings I and II in chapter 20. Subchapter I marked secs. 
401-404 as relating to humanitarian assistance.
    \41\Sec 401 was originally enacted by Sec. 333 of Public Law 99-661 
(100 Stat. 3816), and codified at sections 401 through 406 of 10 U.S.C. 
The National Defense Authorization Act, 1988 and 1989 (Public Law 100-
180), consolidated sections 401-406 into sec. 401, made technical 
changes and modified the section title.
    Sec. 8009 of Public Law 105-56 (111 Stat. 1222; 10 U.S.C. 401 note) 
provided the following:
    ``Sec. 8009. Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States 
Code. Such funds may also be obligated for humanitarian and civic 
assistance costs incidental to authorized operations and pursuant to 
authority granted in section 401 of chapter 20 of title 10, United 
States Code, and these obligations shall be reported to Congress on 
September 30 of each year: Provided, That funds available for operation 
and maintenance shall be available for providing humanitarian and 
similar assistance by using Civic Action Teams in the Trust Territories 
of the Pacific Islands and freely associated states of Micronesia, 
pursuant to the Compact of Free Association as authorized by Public Law 
99-239: Provided further, That upon a determination by the Secretary of 
the Army that such action is beneficial for graduate medical education 
programs conducted at Army medical facilities located in Hawaii, the 
Secretary of the Army may authorize the provision of medical services 
at such facilities and transportation to such facilities, on a 
nonreimbursable basis, for civilian patients from American Samoa, the 
Commonwealth of the Northern Mariana Islands, the Marshall Islands, the 
Federated States of Micronesia, Palau, and Guam.''.
    \42\Sec. 1504 of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1839) provided the following:
    ``Sec. 1504. humanitarian and civic assistance.
    ``(a) Regulations.--The regulations required to be prescribed under 
section 401 of title 10, United States Code, shall be prescribed not 
later than March 1, 1994. In prescribing such regulations, the 
Secretary of Defense shall consult with the Secretary of State.
    ``(b) Limitation on Use of Funds.--Section 401(c)(2) of title 10, 
United States Code, is amended by inserting before the period the 
following: `, except that funds appropriated to the Department of 
Defense for operation and maintenance (other than funds appropriated 
pursuant to such paragraph) may be obligated for humanitarian and civic 
assistance under this section only for incidental costs of carrying out 
such assistance'.
    ``(c) Notifications Regarding Humanitarian Relief.--Any 
notification provided to the appropriate congressional committees with 
respect to assistance activities under section 2551 of title 10, United 
States Code, shall include a detailed description of any items for 
which transportation is provided that are excess nonlethal supplies of 
the Department of Defense, including the quantity, acquisition value, 
and value at the time of the transportation of such items.
    ``(d) Report on Humanitarian Assistance Activities.--(1) The 
Secretary of Defense shall submit to the appropriate congressional 
committees a report on the activities planned to be carried out by the 
Department of Defense during fiscal year 1995 under sections 401, 402, 
2547, and 2551 of title 10, United States Code. The report shall 
include information, developed after consultation with the Secretary of 
State, on the distribution of excess nonlethal supplies transferred to 
the Secretary of State during fiscal year 1993 pursuant to section 2547 
of that title.
    ``(2) The report shall be submitted at the same time that the 
President submits the budget for fiscal year 1995 to Congress pursuant 
to section 1105 of title 31, United States Code.
    ``(e) Authorization of Appropriations.--The funds authorized to be 
appropriated by section 301(18) shall be available to carry out 
humanitarian and civic assistance activities under sections 401, 402, 
and 2551 of title 10, United States Code.
    ``(f) Appropriate Congressional Committees.--In this section, the 
term `appropriate congressional committees' means--
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          ``(1) the Committee on Appropriations, the Committee on Armed 
        Services, and the Committee on Foreign Affairs of the House of 
        Representatives; and
          ``(2) the Committee on Appropriations, the Committee on Armed 
        Services, and the Committee on Foreign Relations of the 
        Senate.''.
          (A) the security interests of both the United States 
        and the country in which the activities are to be 
        carried out; and
          (B) the specific operational readiness skills of the 
        members of the armed forces who participate in the 
        activities.
    (2) Humanitarian and civic assistance activities carried 
out under this section shall complement, and may not duplicate, 
any other form of social or economic assistance which may be 
provided to the country concerned by any other department or 
agency of the United States. Such activities shall serve the 
basic economic and social needs of the people of the country 
concerned.
    (3) Humanitarian and civic assistance may not be provided 
under this section (directly or indirectly) to any individual, 
group, or organization engaged in military or paramilitary 
activity.
    (4)\43\ The Secretary of Defense shall ensure that no 
member of the armed forces,\44\ while providing assistance 
under this section that is described in subsection (e)(5)--
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    \43\Sec. 1313(b) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 475) added para. (4).
    \44\Sec. 1074(a)(2)(A) of the National Defense Authorization Act 
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2658) struck out 
``Armed Forces'' and inserted in lieu thereof ``armed forces''.
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          (A) engages in the physical detection, lifting, or 
        destroying of landmines (unless the member does so for 
        the concurrent purpose of supporting a United States 
        military operation); or
          (B) provides such assistance as part of a military 
        operation that does not involve the armed forces.\44\
    (b)(1)\45\ Humanitarian and civic assistance may not be 
provided under this section to any foreign country unless the 
Secretary of State specifically approves the provision of such 
assistance.
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    \45\Sec. 1304(b) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2704) inserted para. 
designation ``(1)'' for subsec. (b), and added a new para. (2).
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    (2)\45\ Any authority provided under any other provision of 
law to provide assistance that is described in subsection 
(e)(5) to a foreign country shall be carried out in accordance 
with, and subject to, the limitations prescribed in this 
section. Any such provision may be construed as superseding a 
provision of this section only if, and to the extent that, such 
provision specifically refers to this section and specifically 
identifies the provision of this section that is to be 
considered superseded or otherwise inapplicable under such 
provision.
    (c)(1) Expenses incurred as a direct result of providing 
humanitarian and civic assistance under this section to a 
foreign country shall be paid for out of funds specifically 
appropriated for such purpose.
    (2)\46\ Expenses covered by paragraph (1) include the 
following expenses incurred in providing assistance described 
in subsection (e)(5):
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    \46\Sec. 1304(a) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2704) redesignated 
para. (2) as para. (4), and added new paras. (2) and (3).
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          (A) Travel, transportation, and subsistence expenses 
        of Department of Defense personnel providing such 
        assistance.
          (B) The cost of any equipment, services, or supplies 
        acquired for the purpose of carrying out or supporting 
        the activities described in subsection (e)(5), 
        including any nonlethal, individual, or small-team 
        landmine clearing equipment or supplies that are to be 
        transferred or otherwise furnished to a foreign country 
        in furtherance of the provision of assistance under 
        this section.
    (3)\46\ The cost of equipment, services, and supplies 
provided in any fiscal year under paragraph (2)(B) may not 
exceed $5,000,000.
    (4)\46\ Nothing in this section may be interpreted to 
preclude the incurring of minimal expenditures by the 
Department of Defense for purposes of humanitarian and civic 
assistance out of funds other than funds appropriated pursuant 
to paragraph (1),\47\ except that funds appropriated to the 
Department of Defense for operation and maintenance (other than 
funds appropriated pursuant to such paragraph) may be obligated 
for humanitarian and civic assistance under this section only 
for incidental costs of carrying out such assistance.\48\
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    \47\Sec. 1233(g)(1) of Public Law 100-456 (102 Stat. 2058) struck 
out ``subsection (1)'' at this point and inserted ``paragraph (1)''.
    \48\Sec. 1504(b) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1839) inserted ``, 
except that funds appropriated to the Department of Defense for 
operation and maintenance (other than funds appropriated pursuant to 
such paragraph) may be obligated for humanitarian and civic assistance 
under this section only for incidental costs of carrying out such 
assistance''.
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    (d) The Secretary of Defense shall submit to 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\49\ of the House of Representatives 
a report, not later than March 1 of each year, on activities 
carried out under this section during the preceding fiscal 
year. The Secretary shall include in each such report--
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    \49\Sec. 1502((a)(8) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 503) struck out 
``submit to the Committees on Armed Services and Foreign Relations of 
the Senate and to the Committees on Armed Services and Foreign 
Affairs'' and inserted in lieu thereof ``submit to 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''.
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          (1) a list of the countries in which humanitarian and 
        civic assistance activities were carried out during the 
        preceding fiscal year;
          (2) the type and description of such activities 
        carried out in each country during the preceding fiscal 
        year; and
          (3) the amount expended in carrying out each such 
        activity in each such country during the preceding 
        fiscal year.
    (e)\50\ In this section, the term ``humanitarian and civic 
assistance'' means any of the following:\51\
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    \50\Sec. 1313(a) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 475) made technical 
amendments to subsec. (e) and added a new para. (5).
    \51\Sec. 1074(a)(2)(B) of the National Defense Authorization Act 
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2658) added ``any 
of the following'' after ``means''.
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          (1) Medical, dental, and veterinary care provided in 
        rural areas of a country.
          (2) Construction of rudimentary surface 
        transportation systems.
          (3) Well drilling and construction of basic 
        sanitation facilities.
          (4) Rudimentary construction and repair of pubic 
        facilities.
          (5) Detection and clearance of landmines, including 
        activities relating to the furnishing of education, 
        training, and technical assistance with respect to the 
        detection and clearance of landmines.''.
    (f) Not more than $16,400,000 may be obligated or expended 
for the purposes of this section during fiscal years 1987 
through 1991.

Sec. 402.\52\ Transportation of humanitarian relief supplies to foreign 
                    countries

    (a) Notwithstanding any other provision of law, and subject 
to subsection (b), the Secretary of Defense may transport to 
any country, without charge, supplies which have been furnished 
by a nongovernmental source and which are intended for 
humanitarian assistance. Such supplies may be transported only 
on a space available basis.
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    \52\Sec. 402 was enacted by sec. 332 of the National Defense 
Authorization Act, FY 1988-89 (Public Law 100-180; 101 Stat. 1079).
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    (b)(1) The Secretary may not transport supplies under 
subsection (a) unless the Secretary determines that--
          (A) the transportation of such supplies is consistent 
        with the foreign policy of the United States;
          (B) the supplies to be transported are suitable for 
        humanitarian purposes and are in usable condition;
          (C) there is a legitimate humanitarian need for such 
        supplies by the people for whom they are intended;
          (D) the supplies will in fact be used for 
        humanitarian purposes; and
          (E) adequate arrangements have been made for the 
        distribution of such supplies in the destination 
        country.
    (2) The President shall establish procedures for making the 
determinations required under paragraph (1). Such procedures 
shall include inspection of supplies before acceptance for 
transport.
    (3) It shall be the responsibility of the donor to ensure 
that supplies to be transported under this section are suitable 
for transport.
    (c)(1) Supplies transported under this section may be 
distributed by an agency of the United States Government, a 
foreign government, an international organization, or a private 
nonprofit relief organization.
    (2) Supplies transported under this section may not be 
distributed, directly or indirectly, to any individual, group, 
or organization engaged in a military or paramilitary activity.
    (d) Not later than July 31 each year,\53\ the Secretary of 
State shall submit to 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\54\ of the House of Representatives a report 
identifying the origin, contents, destination, and disposition 
of all supplies transported under this section during the 12-
month period ending on the preceding June 30.\53\
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    \53\Sec. 1311(2) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1669) struck out ``At 
the end of each six-month period'' and inserted ``Not later than July 
31 each year'' at the beginning of this paragraph; and struck out 
``such six-month period'' at the end, inserting in lieu thereof ``the 
12-month period ending on the preceding June 30''.
    \54\Sec. 1502((a)(8) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 503) struck out 
``submit to the Committees on Armed Services and Foreign Relations of 
the Senate and to the Committees on Armed Services and Foreign 
Affairs'' and inserted in lieu thereof ``submit to 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''.
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Sec. 403.\55\ * * * [Repealed--1996]
---------------------------------------------------------------------------

    \55\Sec. 403, relating to international peacekeeping activities, 
was repealed by sec. 1061(g)(1) of the National Defense Authorization 
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 443). It was 
originally added by sec. 1342(c)(1) of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 
2557).
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Sec. 404.\56\ Foreign disaster assistance

    (a) In General.--The President may direct the Secretary of 
Defense to provide disaster assistance outside the United 
States to respond to manmade or natural disasters when 
necessary to prevent loss of lives.
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    \56\Added by sec. 1412(a) of the National Defense Authorization Act 
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2912).
---------------------------------------------------------------------------
    (b) Forms of Assistance.--Assistance provided under this 
section may include transportation, supplies, services, and 
equipment.
    (c) Notification Required.--Not later than 48 hours after 
the commencement of disaster assistance activities to provide 
assistance under this section, the President shall transmit to 
Congress a report containing notification of the assistance 
provided, and proposed to be provided, under this section and a 
description of so much of the following as is then available:
          (1) The manmade or natural disaster for which 
        disaster assistance is necessary.
          (2) The threat to human lives presented by the 
        disaster.
          (3) The United States military personnel and material 
        resources that are involved or expected to be involved.
          (4) The disaster assistance that is being provided or 
        is expected to be provided by other nations or public 
        or private relief organizations.
          (5) The anticipated duration of the disaster 
        assistance activities.
    (d) Organizing Policies and Programs.--Amounts appropriated 
to the Department of Defense for any fiscal year for Overseas 
Humanitarian, Disaster, and Civic Aid (OHDACA) programs of the 
Department shall be available for organizing general policies 
and programs for disaster relief programs for disasters 
occurring outside the United States.

Sec. 405.\57\ Use of Department of Defense funds for United States 
                    share of costs of United Nations peacekeeping 
                    activities: limitation

    (a) Prohibition on Use of Funds.--Funds available to the 
Department of Defense may not be used to make a financial 
contribution (directly or through another department or agency 
of the United States) to the United Nations--
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    \57\Sec. 405 was added by sec. 1301(a) of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 
473).
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          (1) for the costs of a United Nations peacekeeping 
        activity; or
          (2) for any United States arrearage to the United 
        Nations.
    (b) Application of Prohibition.--The prohibition in 
subsection (a) applies to voluntary contributions, as well as 
to contributions pursuant to assessment by the United Nations 
for the United States share of the costs of a peacekeeping 
activity.
          * * * * * * *

                           PART II--PERSONNEL

          * * * * * * *

                  CHAPTER 38--JOINT OFFICER MANAGEMENT

          * * * * * * *

Sec. 691.\58\ Permanent end strength levels to support two major 
                    regional contingencies

    (a) The end strengths specified in subsection (b) are the 
minimum strengths necessary to enable the armed forces to 
fulfill a national defense strategy calling for the United 
States to be able to successfully conduct two nearly 
simultaneous major regional contingencies.
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    \58\Added by sec. 401(b)(1) of Public Law 104-106 (110 Stat. 285).
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    (b) Unless otherwise provided by law, the number of members 
of the armed forces (other than the Coast Guard) on active duty 
at the end of any fiscal year shall be not less than the 
following:
          (1) For the Army, 495,000.
          (2) For the Navy, 390,802.\59\
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    \59\Sec. 402(a)(1) of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1719) struck out 
``395,000'' and inserted in lieu thereof ``390,802''.
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          (3) For the Marine Corps, 174,000.
          (4) For the Air Force, 371,577.\60\
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    \60\Sec. 402(a)(2) of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1719) struck out 
``381,000'' and inserted in lieu thereof ``371,577''.
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    (c)\61\ The budget for the Department of Defense for any 
fiscal year as submitted to Congress shall include amounts for 
funding for each of the Armed forces (other than the Coast 
Guard) at least in the amounts necessary to maintain the active 
duty end strengths prescribed in subsection (b), as in effect 
at the time that such budget is submitted.
---------------------------------------------------------------------------
    \61\Sec. 402 of Public Law 104-201 (110 Stat. 2503) struck out 
former subsec. (c), redesignated former subsecs. (d) and (e) as 
subsecs. (e) and (f), respectively, and added new subsecs. (c) and (d).
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    (d) No funds appropriated to the Department of Defense may 
be used to implement a reduction of the active duty end 
strength for any of the armed forces (other than the Coast 
Guard) for any fiscal year below the level specified in 
subsection (b) unless the reduction in end strength for that 
armed force for that fiscal year is specifically authorized by 
law.
    (e) For a fiscal year for which the active duty end 
strength authorized by law pursuant to section 115(a)(1)(A) of 
this title for any of the armed forces is identical to the 
number applicable to that armed force under subsection (b), the 
Secretary of Defense may reduce that number by not more than 1 
percent\62\ or, in the case of the Army, by not more than 1.5 
percent.\63\
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    \62\Sec. 402 of Public Law 104-201 (110 Stat. 2503) struck out 
``0.5 percent'' and inserted in lieu thereof ``1 percent''.
    \63\Sec. 402(b) of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1719) added ``or, in the 
case of the Army, by not more than 1.5 percent''.
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    (f) The number of members of the armed forces on active 
duty shall be counted for purposes of this section in the same 
manner as applies under section 115(a)(1) of this title.

             CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS

          * * * * * * *

Sec. 1060.\64\ Military service of retired members with newly 
                    democratic nations: consent of Congress
    (a)  Consent of Congress.--Subject to subsection (b), 
Congress consents to a retired member of the uniformed 
services--
---------------------------------------------------------------------------
    \64\Added as sec. 1058 by sec. 1433(b)(1) of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 
1833). Redesignated as sec. 1060 by sec. 1070(a)(6)(A) of the National 
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 
Stat. 2855).
    Originally, this section became effective January 1, 1993, pursuant 
to sec. 1433(d) of Public Law 103-160.. Subsec. (d) was subsequently 
repealed by sec. 182(b) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 1078 Stat. 418). 
Subsec. (a) of that section, however, provided: ``With respect to any 
person for which the Secretary of State and the Secretary concerned 
within the Department of Defense has approved the employment or the 
holding of a position pursuant to the provisions of section 1058, title 
10, United States Code, before the date of enactment of this Act, the 
consents, approvals and determinations under that section shall be 
deemed to be effective as of January 1, 1993.''.
    Sec. 1433(a) of Public Law 103-160 provided:
    ``(a) Findings.--The Congress makes the following findings:
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          ``(1) It is in the national security interest of the United 
        States to promote democracy throughout the world.
          ``(2) The armed forces of newly democratic nations often lack 
        the democratic traditions that are a hallmark of the Armed 
        Forces of the United States.
          ``(3) The understanding of military roles and missions in a 
        democracy is essential for the development and preservation of 
        democratic forms of government.
          ``(4) The service of retired members of the Armed Forces of 
        the United States in the armed forces of newly democratic 
        nations could lead to a better understanding of military roles 
        and missions in a democracy.''.
          (1) accepting employment by, or holding an office or 
        position in, the military forces of a newly democratic 
        nation; and
          (2) accepting compensation associated with such 
        employment, office, or position.
    (b) Approval Required.--The consent provided in subsection 
(a) for a retired member of the uniformed services to accept 
employment or hold an office or position shall apply to a 
retired member only if the Secretary concerned and the 
Secretary of State jointly approve the employment or the 
holding of such office or position.
    (c) Determination of Newly Democratic Nations.--The 
Secretary concerned and the Secretary of State shall jointly 
determine whether a nation is a newly democratic nation for the 
purposes of this section.
    (d) Reports to Congressional Committees.--The Secretary 
concerned and the Secretary of State shall 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\65\ of the House of Representatives 
of each approval under subsection (b) and each determination 
under subsection (c).
---------------------------------------------------------------------------
    \65\Sec. 1502(a)(13) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 503) struck out 
``Committee on Armed Services and the Committee on Foreign Affairs'' 
and inserted in lieu thereof ``Committee on National Security and the 
Committee on International Relations''.
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    (e) Continued Entitlement to Retired Pay and Benefits.--The 
eligibility of a retired member to receive retired or retainer 
pay and other benefits arising from the retired member's status 
as a retired member of the uniformed services, and the 
eligibility of dependents of such retired member to receive 
benefits on the basis of such retired member's status as a 
retired member of the uniformed services, may not be terminated 
by reason of employment or holding of an office or position 
consented to in subsection (a).
    (f) Retired Member Defined.--In this section, the term 
``retired member'' means a member or former member of the 
uniformed services who is entitled to receive retired or 
retainer pay.
    (g) Civil Employment by Foreign Governments.--For a 
provision of law providing the consent of Congress to civil 
employment by foreign governments, see section 908 of title 37.
          * * * * * * *

     CHAPTER 89--VOLUNTEERS INVESTING IN PEACE AND SECURITY * * * 
                          [Repealed--1996]\66\
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    \66\Chapter 89, authorizing the Secretary of Defense to establish a 
volunteer program to assist independent states of the former Soviet 
Union, was repealed by sec. 1061(a)(1) of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 
442). Sec. 1805 of this chapter had provided that selection of 
volunteers would terminate on September 30, 1995.
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                    PART III--TRAINING AND EDUCATION

          * * * * * * *

                    CHAPTER 101--TRAINING GENERALLY

          * * * * * * *

Sec. 2010.\67\ Participation of developing countries in combined 
                    exercises: payment of incremental expenses

    (a) The Secretary of Defense, after consultation with the 
Secretary of State, may pay the incremental expenses of a 
developing country that are incurred by that country as the 
direct result of participation in a bilateral or multilateral 
military exercise if--
---------------------------------------------------------------------------
    \67\Sec. 2010 was added by sec. 1321 of Public Law 99-661 (100 
Stat. 3816).
---------------------------------------------------------------------------
          (1) the exercise is undertaken primarily to enhance 
        the security interests of the United States; and
          (2) the Secretary of Defense determines that the 
        participation by such country is necessary to the 
        achievement of the fundamental objectives of the 
        exercise and that those objectives cannot be achieved 
        unless the United States provides the incremental 
        expenses incurred by such country.
    (b) The Secretary of Defense shall submit to Congress a 
report each year, not later than March 1, containing--
          (1) a list of the developing countries for which 
        expenses have been paid by the United States under this 
        section during the preceding year; and
          (2) the amounts expended on behalf of each 
        government.
    (c) The Secretary of Defense shall establish by regulation 
such accounting procedures as may be necessary to ensure that 
funds expended under this section are properly expended.
    (d) In this section, the term ``incremental expenses'' 
means the reasonable and proper cost of the goods and services 
that are consumed by a developing country as a direct result of 
that country's participation in a bilateral or multilateral 
military exercise with the United States, including rations, 
fuel, training ammunition, and transportation. Such term does 
not include pay, allowances, and other normal costs of such 
country's personnel.
    (e)\68\ * * * [Repealed--1997]
---------------------------------------------------------------------------
    \68\Sec. 1073(a)(35) of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1902) repealed subsec. 
(e), which had read as follows:
    ``(e) Not more than $13,400,000 may be obligated or expended for 
the purposes of this section during fiscal years 1987 through 1991.''.
---------------------------------------------------------------------------
          * * * * * * *

Sec. 2011.\69\ Special operations forces: training with friendly 
                    foreign forces

  (a)\70\ Authority To Pay Training Expenses.--Under 
regulations prescribed pursuant to subsection (c), the 
commander of the special operations command established 
pursuant to section 167 of this title and the commander of any 
other unified or specified combatant command may pay, or 
authorize payment for, any of the following expenses:
---------------------------------------------------------------------------
    \69\Added by sec. 1052(a) of the National Defense Authorization Act 
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1470).
    \70\Sec. 1503(a)(18) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 512) capitalized the 
word ``To'' in the catchline of subsec. (a).
---------------------------------------------------------------------------
          (1) Expenses of training special operations forces 
        assigned to that command in conjunction with training, 
        and training with, armed forces and other security 
        forces of a friendly foreign country.
          (2) Expenses of deploying such special operations 
        forces for that training.
          (3) In the case of training in conjunction with a 
        friendly developing country, the incremental expenses 
        incurred by that country as the direct result of such 
        training.
  (b) Purpose of Training.--The primary purpose of the training 
for which payment may be made under subsection (a) shall be to 
train the special operations forces of the combatant command.
  (c) Regulations.--The Secretary of Defense shall prescribe 
regulations for the administration of this section. The 
regulations shall establish accounting procedures to ensure 
that the expenditures pursuant to this section are appropriate.
  (d) Definitions.--In this section:
          (1) The term ``special operations forces'' includes 
        civil affairs forces and psychological operations 
        forces.
          (2) The term ``incremental expenses'', with respect 
        to a developing country, means the reasonable and 
        proper cost of rations, fuel, training ammunition, 
        transportation, and other goods and services consumed 
        by such country, except that the term does not include 
        pay, allowances, and other normal costs of such 
        country's personnel.
  (e) Reports.--Not later than April 1 of each year, the 
Secretary of Defense shall submit to Congress a report 
regarding training during the preceding fiscal year for which 
expenses were paid under this section. Each report shall 
specify the following:
          (1) All countries in which that training was 
        conducted.
          (2) The type of training conducted, including whether 
        such training was related to counter-narcotics or 
        counter-terrorism activities, the duration of that 
        training, the number of members of the armed forces 
        involved, and expenses paid.
          (3) The extent of participation by foreign military 
        forces, including the number and service affiliation of 
        foreign military personnel involved and physical and 
        financial contribution of each host nation to the 
        training effort.
          (4) The relationship of that training to other 
        overseas training programs conducted by the armed 
        forces, such as military exercise programs sponsored by 
        the Joint Chiefs of Staff, military exercise programs 
        sponsored by a combatant command, and military training 
        activities sponsored by a military department 
        (including deployments for training, short duration 
        exercises, and other similar unit training events).
          * * * * * * *

CHAPTER 111--SUPPORT OF SCIENCE, MATHEMATICS, AND ENGINEERING EDUCATION

          * * * * * * *

Sec. 2198.\71\ Management training program in Japanese language and 
                    culture

  (a) The Secretary of Defense, in coordination with the 
National Science Foundation, shall establish a program for the 
making of grants on a competitive basis to United States 
institutions of higher education and other United States not-
for-profit organizations for the conduct of programs for 
scientists, engineers, and managers to learn Japanese language 
and culture.
---------------------------------------------------------------------------
    \71\Added by sec. 828(a) of the National Defense Authorization Act 
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1444).
---------------------------------------------------------------------------
  (b) The Secretary of Defense shall prescribe in regulations 
the criteria for awarding a grant under the program for 
activities of an institution or organization referred to in 
subsection (a), including the following:
          (1) Whether scientists, engineers, and managers of 
        defense laboratories and Department of Energy 
        laboratories are permitted a level of participation in 
        such activities that is beneficial to the development 
        and application of defense critical technologies by 
        such laboratories.
          (2) Whether such activities include the placement of 
        United States scientists, engineers, and managers in 
        Japanese government and industry laboratories--
                  (A) to improve the knowledge of such 
                scientists, engineers, and managers in (i) 
                Japanese language and culture, and (ii) the 
                research and development and management 
                practices of such laboratories; and
                  (B) to provide opportunities for the 
                encouragement of technology transfer from Japan 
                to the United States.
          (3) Whether an appropriate share of the costs of such 
        activities will be paid out of funds derived from non-
        Federal Government sources.
  (c) In this section, the term ``defense critical technology'' 
means a technology that is identified under section 2505 of 
this title as critical for attaining the national security 
objectives set forth in section 2501(a) of this title.\72\
---------------------------------------------------------------------------
    \72\Sec. 1073(a)(39) of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1902) struck out 
``identified in a defense critical technologies plan submitted to the 
Congress under section 2506 of this title.'' and inserted in lieu 
thereof ``that is identified under section 2505 of this title as 
critical for attaining the national security objectives set forth in 
section 2501(a) of this title.''.
    Sec. 201(c)(3) of Public Law 103-35 (107 Stat. 98) previously made 
technical corrections to this subsec.
---------------------------------------------------------------------------
          * * * * * * *

Sec. 2214.\73\ Transfer of funds: procedure and limitations

    (a) Procedure for Transfer of Funds.--Whenever authority is 
provided in an appropriation Act to transfer amounts in working 
capital funds or to transfer amounts provided in appropriation 
Acts for military functions of the Department of Defense (other 
than military construction) between such funds or 
appropriations (or any subdivision thereof), amounts 
transferred under such authority shall be merged with and be 
available for the same purposes and for the same time period as 
the fund or appropriations to which transferred.
---------------------------------------------------------------------------
    \73\Sec. 1482(c) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1709) added a sec. 
2214, effective October 1, 1991.
---------------------------------------------------------------------------
    (b) Limitations on Programs for Which Authority May Be 
Used.--Such authority to transfer amounts--
          (1) may not be used except to provide funds for a 
        higher priority item, based on unforeseen military 
        requirements, than the items for which the funds were 
        originally appropriated; and
          (2) may not be used if the item to which the funds 
        would be transferred is an item for which Congress has 
        denied funds.
    (c) Notice to Congress.--The Secretary of Defense shall 
promptly notify the Congress of each transfer made under such 
authority to transfer amounts.
    (d) Limitations on Requests to Congress for 
Reprogrammings.--Neither the Secretary of Defense nor the 
Secretary of a military department may prepare or present to 
the Congress, or to any committee of either House of the 
Congress, a request with respect to a reprogramming of funds--
          (1) unless the funds to be transferred are to be used 
        for a higher priority item, based on unforeseen 
        military requirements, than the item for which the 
        funds were originally appropriated; or
          (2) if the request would be for authority to 
        reprogram amounts to an item for which the Congress has 
        denied funds.

Sec. 2215.\74\ Transfer of funds to other departments and agencies: 
                    limitation

    (a)\75\ Certification Required.--Funds available for 
military functions of the Department of Defense may not be made 
available to any other department or agency of the Federal 
Government pursuant to a provision of law enacted after 
November 29, 1989, unless, not less than 30 days before such 
funds are made available to such other department or agency, 
the Secretary of Defense submits to the congressional 
committees specified in subsection (b)\76\ a certification that 
making those funds available to such other department or agency 
is in the national security interest of the United States.
---------------------------------------------------------------------------
    \74\Sec. 1502(a)(14)(A) of the National Defense Authorization Act 
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 503) added subsec. 
(a) designation and catchline.
    \75\Added by sec. 1106(a)(1) of the National Defense Authorization 
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1750).
    \76\Sec. 1502(a)(14)(B) of the National Defense Authorization Act 
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 503) struck out 
``to the Committees on Armed Services and the Committees on 
Appropriations of the Senate and House of Representatives'' and 
inserted in lieu thereof ``to the congressional committees specified in 
subsection (b)''.
---------------------------------------------------------------------------
    (b)\77\ Congressional Committees.--The committees referred 
to in subsection (a) are--
---------------------------------------------------------------------------
    \77\Sec. 1502(a)(14)(C) of the National Defense Authorization Act 
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 503) added subsec. 
(b).
---------------------------------------------------------------------------
          (1) the Committee on Armed Services and the Committee 
        on Appropriations of the Senate; and
          (2) the Committee on National Security and the 
        Committee on Appropriations of the House of 
        Representatives.
          * * * * * * *

          CHAPTER 134--MISCELLANEOUS ADMINISTRATIVE PROVISIONS

Subchapter I--Miscellaneous Authorities, Prohibitions, and Limitations 
                    on the Use of Appropriated Funds

          * * * * * * *

Sec. 2249a.\78\ Prohibition on providing financial assistance to 
                    terrorist countries

    (a) Prohibition.--Funds available to the Department of 
Defense may not be obligated or expended to provide financial 
assistance to--
---------------------------------------------------------------------------
    \78\Added by sec. 1341(a) of the National Defense Authorization Act 
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 485).
---------------------------------------------------------------------------
          (1) any country with respect to which the Secretary 
        of State has made a determination under section 
        6(j)(1)(A) of the Export Administration Act of 1979 (50 
        U.S.C. App. 2405(j)(1)(A));\79\
---------------------------------------------------------------------------
    \79\Sec. 1073(a)(40) of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1902) struck out ``50 
App. 2405(j)'' and inserted in lieu thereof ``50 U.S.C. App. 
2405(j)(1)(A)''.
---------------------------------------------------------------------------
          (2) any country identified in the latest report 
        submitted to Congress under section 140 of the Foreign 
        Relations Authorization Act, Fiscal Years 1988 and 1989 
        (22 U.S.C. 2656f), as providing significant support for 
        international terrorism; or
          (3) any other country that, as determined by the 
        President--
                  (A) grants sanctuary from prosecution to any 
                individual or group that has committed an act 
                of international terrorism; or
                  (B) otherwise supports international 
                terrorism.
    (b) Waiver.--(1) The President may waive the application of 
subsection (a) to a country if the President determines--
          (A) that it is in the national security interests of 
        the United States to do so; or
          (B) that the waiver should be granted for 
        humanitarian reasons.
    (2) The President shall--
          (A) 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 
        at least 15 days before the waiver takes effect; and
          (B) publish a notice of the waiver in the Federal 
        Register.
    (c) Definition.--In this section, the term ``international 
terrorism'' has the meaning given that term in section 140(d) 
of the Foreign Relations Authorization Act, Fiscal Years 1988 
and 1989 (22 U.S.C. 2656f(d)).

               PART IV--SERVICE, SUPPLY, AND PROCUREMENT

          * * * * * * *

                   CHAPTER 137--PROCUREMENT GENERALLY

          * * * * * * *

Sec. 2327.\80\ Contracts: consideration of national security objectives

    (a) Disclosure of Ownership or Control by a Foreign 
Government.--The head of an agency shall require a firm or a 
subsidiary of a firm that submits a bid or proposal in response 
to a solicitation issued by the Department of Defense to 
disclose in that bid or proposal any significant interest in 
such firm or subsidiary (or, in the case of a subsidiary, in 
the firm that owns the subsidiary) that is owned or controlled 
(whether directly or indirectly) by a foreign government or an 
agent or instrumentality of a foreign government, if such 
foreign government is the government of a country that the 
Secretary of State determines under section 6(j)(1)(A) of the 
Export Administration Act of 1979 (50 U.S.C. 2405(j)(1)(A)) has 
repeatedly provided support for acts of international 
terrorism.
---------------------------------------------------------------------------
    \80\Sec. 2327 was added by sec. 951 of Public Law 99-661 (100 Stat. 
3816). See also sec. 843 of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1720), requiring 
reports by defense contractors of dealings with terrorist countries.
---------------------------------------------------------------------------
    (b) Prohibition of Entering Into Contracts Against the 
Interests of the United States.--Except as provided in 
subsection (c), the head of an agency may not enter into a 
contract with a firm or a subsidiary of a firm if--
          (1) a foreign government owns or controls (whether 
        directly or indirectly) a significant interest in such 
        firm or subsidiary (or, in case of a subsidiary, in the 
        firm that owns the subsidiary); and
          (2) such foreign government is the government of a 
        country that the Secretary of State determines under 
        section 6(j)(1)(A) of the Export Administration Act of 
        1797 (50 U.S.C. 2405(j)(1)(A)) has repeatedly provided 
        support for acts of international terrorism.
    (c) Waiver.--(1)(A) If the Secretary of Defense determines 
under paragraph (2) that entering into a contract with a firm 
or a subsidiary of a firm described in subsection (b) is not 
inconsistent with the national security objectives of the 
United States, the head of an agency may enter into a contract 
with such firm or subsidiary after the date on which such head 
of an agency submits to Congress a report on the contract.
    (B) A report under subparagraph (A) shall include the 
following:
          (i) The identify of the foreign government concerned.
          (ii) The nature of the contract.
          (iii) The extent of ownership or control of the firm 
        or subsidiary concerned (or, if appropriate in the case 
        of a subsidiary, of the firm that owns the subsidiary) 
        by the foreign government concerned or the agency or 
        instrumentality of such foreign government.
          (iv) The reasons for entering into the contract.
    (C) After the head of an agency submits a report to 
Congress under subparagraph (A) with respect to a firm or a 
subsidiary, such head of an agency is not required to submit a 
report before entering into any subsequent contract with such 
firm or subsidiary unless the information required to be 
included in such report under subparagraph (B) has materially 
changed since the submission of the previous report.
    (2) Upon the request of the head of an agency, the 
Secretary of Defense shall determine whether entering into a 
contract with a firm or subsidiary described in subsection (b) 
is inconsistent with the national security objectives of the 
United States. In making such a determination, the Secretary of 
Defense shall consider the following:
          (A) The relationship of the United States with the 
        foreign government concerned.
          (B) The obligations of the United States under 
        international agreements.
          (C) The extent of the ownership or control of the 
        firm or subsidiary (or, if appropriate in the case of a 
        subsidiary, of the firm that owns the subsidiary) by 
        the foreign government or an agent or instrumentality 
        of the foreign government.
          (D) Whether payments made, or information made 
        available, to the firm or subsidiary under the contract 
        could be used for purposes hostile to the interests of 
        the United States.
    (d)\81\ List of Firms Subject to Prohibition.--(1) The 
Secretary of Defense shall develop and maintain a list of all 
firms and subsidiaries of firms that the Secretary has 
identified as being subject to the prohibition in subsection 
(b).
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    \81\Sec. 843 of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 111 Stat. 1844) redesignated subsecs. (d) 
and (e) as subsecs. (f) and (g), and added new subsecs. (d) and (e).
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    (2)(A) A person may request the Secretary to include on the 
list maintained under paragraph (1) any firm or subsidiary of a 
firm that the person believes to be owned or controlled by a 
foreign government described in subsection (b)(2). Upon receipt 
of such a request, the Secretary shall determine whether the 
conditions in paragraphs (1) and (2) of subsection (b) exist in 
the case of that firm or subsidiary. If the Secretary 
determines that such conditions do exist, the Secretary shall 
include the firm or subsidiary on the list.
    (B) A firm or subsidiary of a firm included on the list may 
request the Secretary to remove such firm or subsidiary from 
the list on the basis that it has been erroneously included on 
the list or its ownership circumstances have significantly 
changed. Upon receipt of such a request, the Secretary shall 
determine whether the conditions in paragraphs (1) and (2) of 
subsection (b) exist in the case of that firm or subsidiary. If 
the Secretary determines that such conditions do not exist, the 
Secretary shall remove the firm or subsidiary from the list.
    (C) The Secretary shall establish procedures to carry out 
this paragraph.
    (3) The head of an agency shall prohibit each firm or 
subsidiary of a firm awarded a contract by the agency from 
entering into a subcontract under that contract in an amount in 
excess of $25,000 with a firm or subsidiary included on the 
list maintained under paragraph (1) unless there is a 
compelling reason to do so. In the case of any subcontract 
requiring consent by the head of an agency, the head of the 
agency shall not consent to the award of the subcontract to a 
firm or subsidiary included on such list unless there is a 
compelling reason for such approval.
    (e)\81\ Distribution of List.--The Administrator of General 
Services shall ensure that the list developed and maintained 
under subsection (d) is made available to Federal agencies and 
the public in the same manner and to the same extent as the 
list of suspended and debarred contractors compiled pursuant to 
subpart 9.4 of the Federal Acquisition Regulation.
    (f)\81\ Applicability.--(1) This section does not apply to 
a contract for an amount less than $100,000.
    (2) This section does not apply to the Coast Guard or the 
National Aeronautics and Space Administration.
    (g)\81\ Regulations.--The Secretary of Defense, after 
consultation with the Secretary of State, shall prescribe 
regulations to carry out this section. Such regulations shall 
include a definition of the term ``significant interest.''
          * * * * * * *

    CHAPTER 138--COOPERATIVE AGREEMENTS WITH NATO ALLIES AND OTHER 
                               COUNTRIES

        Subchapter I--Acquisition and Cross-Servicing Agreements

Sec. 2341.\82\ Authority to acquire logistic support, supplies, and 
                    services for elements of the armed forces deployed 
                    outside the United States\83\
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    \82\Added as section 2321 by sec. 2(a) of Public Law 96-323 (94 
Stat. 1016). Redesignated as sec. 2341 by sec. 1304(a)(1) of Public Law 
99-145 (99 Stat. 741).
    \83\Sec. 1104(a) of Public Law 99-661 (100 Stat. 3963) struck 
``United States armed forces in Europe'' from the catchline, inserting 
in lieu thereof ``elements of the armed forces deployed outside the 
United States''.
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    Subject to section 2343\84\ of this title and subject to 
the availability of appropriations, the Secretary of Defense 
may--
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    \84\Sec. 1304(a)(4) of Public Law 99-145 (99 Stat. 741) struck 
``section 2323'' and inserted in lieu thereof ``section 2343''. 
Reference changed to section 2341 when sec. 1104(a) of Public Law 99-
661 (100 Stat. 3963) restated the text generally, designated it as 
para. (1), and added para. (2).
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          (1)\85\ acquire from the Governments of North 
        Atlantic Treaty Organization countries,\86\ from North 
        Atlantic Treaty Organization\87\ subsidiary bodies, and 
        from the United Nations Organization or any regional 
        international organization of which the United States 
        is a member\86\ logistic support, supplies, and 
        services for elements of the armed forces deployed 
        outside the United States;\88\ and
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    \85\Sec. 1104(a) of Public Law 99-661 (100 Stat. 3963) restated the 
text generally, designated it as para. (1), and added para. (2).
    \86\Sec. 1317(a) of Public Law 103-337 (108 Stat. 2899) struck out 
``and'' and inserted a comma after ``countries''; and added ``, and 
from the United Nations Organization or any regional international 
organization of which the United States is a member'' after 
``subsidiary bodies''.
    \87\Sec. 1312(a)(2) of Public Law 102-484 (106 Stat. 2547) struck 
out ``in which elements of the armed forces are deployed (or are to be 
deployed)'' after ``North Atlantic Treaty Organization''.
    \88\Sec. 1312(a)(2) of Public Law 102-484 (106 Stat. 2547) struck 
out ``in such country or in the military region in which such country 
is located'' and inserted in lieu thereof ``outside the United 
States''.
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          (2)\85\ acquire from any government not a member of 
        the North Atlantic Treaty Organization logistic 
        support, supplies, and services for elements of the 
        armed forces deployed (or to be deployed) outside the 
        United States if that country--
                  (A) has a defense alliance with the United 
                States;
                  (B) permits the stationing of members of the 
                armed forces in such country or the homeporting 
                of naval vessels of the United States in such 
                country;
                  (C) has agreed to preposition materiel of the 
                United States in such country; or
                  (D) serves as the host country to military 
                exercises which include elements of the armed 
                forces or permits other military operations by 
                the armed forces in such country.

Sec. Sec. 2342.\89\ Cross-servicing\90\ agreements

    (a)(1) Subject to section 2343 of this title and to the 
availability of appropriations, and after consultation with the 
Secretary of State, the Secretary of Defense may enter into an 
agreement described in paragraph (2) with any of the 
following:\91\
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    \89\Added as section 2322 by sec. 2(a) of Public Law 96-323 (94 
Stat. 1016). Redesignated as sec. 2342 by sec. 1304(a)(1) of Public Law 
99-145 (99 Stat. 741). Sec. 1104(a) of Public Law 99-661 (100 Stat. 
3963) amended and restated subsec. (a), designating para. (1), added 
paras. (2) and (3) of subsec. (a), and added subsecs. (b) through (d). 
Subsequently, sec. 1451(a) of Public Law 101-510 (104 Stat. 1692) 
further amended and restated subsec. (a) in two paragraphs.
    \90\Sec. 1231(9) of Public Law 100-180 (101 Stat. 1160) struck out 
``Cross servicing'' and inserted in lieu thereof ``Cross-servicing'' in 
the section catchline.
    \91\Sec. 1317(b) of Public Law 103-337 (108 Stat. 2900) struck out 
``with--'' and inserted in lieu thereof ``with any of the following:''; 
substituted ``The Government'' for the government'' and a period for a 
semicolon in subpara. (A); substituted ``A subsidiary'' for ``a 
subsidiary'', and ``Organization'' for ``organization'' in subpara. 
(B); added subpara. (C); redesignated former subpara. (C) as subpara. 
(D); and substituted ``The government'' for ``the government'' in 
subpara. (D).
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          (A) The government of a North Atlantic Treaty 
        Organization country.
          (B) A subsidiary body of the North Atlantic Treaty 
        Organization.
          (C) The United Nations Organization or any regional 
        international organization of which the United States 
        is a member.
          (D) The government of a country not a member of the 
        North Atlantic Treaty Organization but which is 
        designated by the Secretary of Defense, subject to the 
        limitations prescribed in subsection (b), as a 
        government with which the Secretary may enter into 
        agreements under this section.
    (2) An agreement referred to in paragraph (1) is an 
agreement under which the United States agrees to provide 
logistic support, supplies, and services to military forces of 
a country or organization\92\ referred to in paragraph (1) in 
return for the reciprocal provisions of logistic support, 
supplies, and services by such government or organization\92\ 
to elements of the armed forces.
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    \92\Sec. 1317(b)(2) of Public Law 103-337 (108 Stat. 2900) struck 
out ``subsidiary body'' and inserted in lieu thereof ``organization''.
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    (b) The Secretary of Defense may not designate a country 
for an agreement under this section unless--\93\
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    \93\Sec. 1502(a)(16) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 504) struck out 
``section--'' preceding para. (1), and inserted in lieu thereof 
``section unless--''; struck out ``unless'' at the beginning of para. 
(1); and in para. (2), struck out ``notifies the Committees on Armed 
Services and Foreign Relations of the Senate and the Committees on 
Armed Services and Foreign Affairs of the House of Representatives'' 
and inserted in lieu thereof ``the Secretary submits to 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 notice of the 
intended designation''.
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          (1)\93\ the Secretary, after consultation with the 
        Secretary of State, determines that the designation of 
        such country for such purpose is in the interest of the 
        national security of the United States; and
          (2) in the case of a country which is not a member of 
        the North Atlantic Treaty Organization, the Secretary 
        submits to 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 
        notice of the intended designation\93\ at least 30 days 
        before the date on which such country is designated by 
        the Secretary under subsection (a).
    (c) The Secretary of Defense may not use the authority of 
this subchapter\94\ to procure from any foreign government or 
international organization\95\ any goods or services reasonably 
available from United States commercial sources.
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    \94\Sec. 931(e)(1) of Public Law 101-189 (103 Stat. 1535) struck 
out ``this chapter'' and inserted in lieu thereof ``this subchapter''.
    \95\Sec. 1317(b)(3) of Public Law 103-337 (108 Stat. 2900) struck 
out ``as a routine or normal source'' and inserted in lieu thereof 
``organization''.
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    (d) The Secretary shall prescribe regulations to ensure 
that contracts entered into under this subchapter\94\ are free 
from self-dealing, bribery, and conflict of interests.

Sec. Sec. 2343.\96\ Waiver of applicability of certain laws

    Sections 2207, 2304(a), 2306(a), 2306(b), 2306(e), 2306a, 
and 2313 of this title and\97\ section 3741 of the Revised 
Statutes (41 U.S.C. 22)\97\ shall not apply to acquisitions 
made under the authority of section 2341 of this title or to 
agreements entered into under section 2342 of this title.
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    \96\Added as section 2323 by sec. 2(a) of Public Law 96-323 (94 
Stat. 1016). Redesignated as sec. 2343 by sec. 1304(a)(1) of Public Law 
99-145 (99 Stat. 741). The section was substantially amended and 
restated by sec. 1317(c) of Public Law 103-337.
    The list of sections in title 10 for which applicability has been 
waived has been amended several times by: secs. 961(b) and 1304(a)(5) 
of Public Law 99-145 (99 Stat. 703, 741); sec. 7(g)(2) of Public Law 
100-26 (101 Stat. 282); and sec. 1233(d) of Public Law 100-456 (102 
Stat. 1535).
    \97\Sec. 1061(a)(12) of Public Law 102-190 (105 Stat. 1473) 
inserted ``and'' after ``this title'', and struck out ``and section 719 
of the Defense Production Act of 1950 (50 U.S.C. App. 2168) before 
``shall not apply''.
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Sec. Sec. 2344.\98\ Methods of payment for acquisitions and transfers 
                    by the United States

    (a) Logistics support, supplies, and services may be 
acquired or transferred by the United States under the 
authority of this subchapter\99\ on a reimbursement basis or by 
replacement-in-kind or exchange of supplies or services of an 
equal value.\99\
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    \98\Added as section 2324 by sec. 2(a) of Public Law 96-323 (94 
Stat. 1017). Redesignated as sec. 2344 by sec. 1304(a)(1) of Public Law 
99-145 (99 Stat. 741).
    \99\Secs. 931(e)(1) and 938(a) of Public Law 101-189 (103 Stat. 
1535, 1539) substituted ``this subchapter'' for ``this chapter'', and 
``equal value'' in lieu of ``identical or substantially identical 
nature''.
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    (b)(1) In entering into agreements with the Government of 
another North Atlantic Treaty Organization country or other 
foreign country\100\ for the acquisition or transfer of 
logistic support, supplies, and services on a reimbursement 
basis, the Secretary of Defense shall negotiate for adoption of 
the following pricing principles for reciprocal application:
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    \100\Sec. 1104(b) of Public Law 99-661 (100 Stat. 3964) inserted 
``or other foreign country'' after ``country'' in subsec. (b), paras. 
(1) and (3).
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          (A) The price charged by a supplying country for 
        logistics support, supplies, and services specifically 
        procured by the supplying country from its contractors 
        for a recipient country shall be no less favorable than 
        the price for identical items or services charged by 
        such contractors to the armed forces of the supplying 
        country, taking into account price differentials due to 
        delivery schedules, points of delivery, and other 
        similar considerations.
          (B) The price charged a recipient country for 
        supplies furnished by a supplying country from its 
        inventory, and the price charged a recipient country 
        for logistics support and services furnished by the 
        officers, employees, or governmental agencies of a 
        supplying country, shall be the same as the price 
        charged for identical supplies, support, or services 
        acquired by an armed force of the supplying country 
        from such governmental sources.
    (2) To the extent that the Secretary of Defense is unable 
to obtain mutual acceptance by the other country involved of 
the reciprocal pricing principles for reimbursable transactions 
set forth in paragraph (1)--
          (A) the United States may not acquire from such 
        country any logistic support, supply, or service not 
        governed by such reciprocal pricing principles unless 
        the United States forces commander acquiring such 
        support, supply, or service determines (after price 
        analysis) that the price thereof is fair and 
        reasonable; and
          (B) transfers by the United States to such country 
        under this subchapter\101\ of any logistic support, 
        supply, or service that is not governed by such 
        reciprocal pricing principles shall be subject to the 
        pricing provisions of the Arms Export Control Act (22 
        U.S.C. 2751 et seq.).
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    \101\Originally enacted as ``this Act''. Amended to read ``this 
chapter'' by sec. 11(a)(8) of Public Law 97-22 (95 Stat. 138); further 
amended to read ``this subchapter'' by sec. 931(e)(1) of Public Law 
101-189 (103 Stat. 1535).
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    (3) To the extent that indirect costs (including charges 
for plant and production equipment), administrative surcharges, 
and contract administration costs with respect to any North 
Atlantic Treaty Organization country or other foreign 
country\100\ are not waived by operation of the reciprocal 
pricing principles of paragraph (1), the Secretary of Defense 
may, on a reciprocal basis, agree to waive such costs.
    (4) The pricing principles set forth in paragraph (2) and 
the waiver authority provided in paragraph (3) shall also apply 
to agreements with North Atlantic Treaty Organization 
subsidiary bodies and the United Nations Organization or any 
regional international organization of which the United States 
is a member\102\ under this subchapter.
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    \102\Sec. 1317(d) of Public Law 103-337 (108 Stat. 2900) inserted 
``and the United Nations Organization or any regional international 
organization of which the United States is a member''.
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    (c)\103\ In acquiring or transferring logistics support, 
supplies, or services under the authority of this 
subchapter\104\ by exchange of supplies or services, the 
Secretary of Defense may not agree to or carry out the 
following:
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    \103\Sec. 938(b) of Public Law 101-189 (103 Stat. 1539) added 
subsec. (c).
    \104\Sec. 701(f)(2) of Public Law 102-25 (105 Stat. 115) struck out 
``chapter'' and inserted in lieu thereof ``subchapter''.
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          (1) Transfers in exchange for property the 
        acquisition of which by the Department of Defense is 
        prohibited by law.
          (2) Transfers of source, byproduct, or special 
        nuclear materials or any other material, article, data, 
        or thing of value the transfer of which is subject to 
        the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
          (3) Transfers of chemical munitions.

Sec. Sec. 2345.\105\ Liquidation of accrued credits and liabilities

    (a)\106\ Credits and liabilities of the United States 
accrued as a result of acquisitions and transfers of logistic 
support, supplies, and services under the authority of this 
subchapter\107\ shall be liquidated not less often than once 
every 12 months\108\ by direct payment to the entity supplying 
such support, supplies, or services by the entity receiving 
such support, supplies, or services.
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    \105\Added as section 2325 by sec. 2(a) of Public Law 96-323 (94 
Stat. 1016). Redesignated as sec. 2345 by sec. 1304(a)(1) of Public Law 
99-145 (99 Stat. 741).
    \106\Sec. 1104(c) of Public Law 99-661 (100 Stat. 3965) added 
subsec. designation ``(a)'' and added subsec. (b).
    \107\Sec. 931(e)(1) of Public Law 101-189 (103 Stat. 1535) 
substituted ``this subchapter'' for ``this chapter''.
    \108\Sec. 1317(e) of Public Law 103-337 (108 Stat. 2900) struck out 
``three months'' and inserted in lieu thereof ``12 months''.
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    (b)\106\ Payment-in-kind or exchange entitlements accrued 
as a result of acquisitions and transfers of logistic support, 
supplies, and services under authority of this subchapter\107\ 
shall be satisfied within 12 months after the date of the 
delivery of the logistic support, supplies, or services.

Sec. Sec. 2346.\109\ Crediting of receipts

    Any receipt of the United States as a result of an 
agreement entered into under this subchapter\110\ shall be 
credited, at the option of the Secretary of Defense, to (1) the 
appropriation, fund, or account used in incurring the 
obligation, or (2) an appropriate appropriation, fund, or 
account currently available for the purposes for which the 
expenditures were made.
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    \109\Added as section 2326 by sec. 2(a) of Public Law 96-323 (94 
Stat. 1016). Redesignated as sec. 2346 by sec. 1304(a)(1) of Public Law 
99-145 (99 Stat. 741). Sec. 1317(f) of Public Law 103-337 (108 Stat. 
2900) substantially amended and restated this section.
    \110\Sec. 931(e)(1) of Public Law 101-189 (103 Stat. 1535) 
substituted ``this subchapter'' for ``this chapter''.
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Sec. Sec. 2347.\111\ Limitation on amounts that may be obligated or 
                    accrued by the United States

    (a)(1)\112\ Except during a period of active hostilities 
involving the armed forces,\113\ the total amount of 
reimbursable liabilities that the United States may accrue 
under this subchapter\114\ (before the computation of 
offsetting balances) with other member countries of the North 
Atlantic Treaty Organization, subsidiary bodies of the North 
Atlantic Treaty Organization,\113\ or from the United Nations 
Organization or any regional international organization of 
which the United States is a member may not exceed 
$200,000,000\115\ in any fiscal year, and of such amount not 
more than $50,000,000 in liabilities may be accrued for the 
acquisition of supplies (other than petroleum, oils, and 
lubricants).
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    \111\Added as section 2327 by sec. 2(a) of Public Law 96-323 (94 
Stat. 1016). Redesignated as sec. 2347 by sec. 1304(a)(1) of Public Law 
99-145 (99 Stat. 741).
    \112\Sec. 1104(d)(1) of Public Law 99-661 (100 Stat. 3965) added 
para. designation ``(1)''', and added para. (2).
    \113\Sec. 1312(b)(1) of Public Law 102-484 (106 Stat. 2547) struck 
out ``North Atlantic Treaty Organization'' and inserted in lieu thereof 
``armed forces''; and inserted ``with other member countries of the 
North Atlantic Treaty Organization and subsidiary bodies of the North 
Atlantic Treaty Organization'' after the parentheses. Sec. 1317(g)(1) 
of Public Law 103-337 (108 Stat. 2901) subsequently struck out 
``Organization and subsidiary'' and inserted in lieu thereof 
``Organization, subsidiary'', and added ``or from the United Nations 
Organization or any regional international organization of which the 
United States is a member'' after ``Treaty Organization''.
    \114\Sec. 931(e)(1) of Public Law 101-189 (103 Stat. 1535) 
substituted ``this subchapter'' for ``this chapter'' throughout the 
section.
    \115\Sec. 1001 of Public Law 100-456 (102 Stat. 2037) struck out 
``$100,000,000'' and inserted in lieu thereof ``$150,000,000''. Sec. 
1317(g)(1) of Public Law 103-337 (108 Stat. 2901) raised this amount to 
$200,000,000.
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    (2)\116\ Except during a period of active hostilities 
involving the armed forces, the total amount of reimbursable 
liabilities that the United States may accrue under this 
subchapter\114\ (before the computation of offsetting balances) 
with a country which is not a member of the North Atlantic 
Treaty Organization, but with which the United States has one 
or more acquisition or cross-servicing agreements, may not 
exceed $60,000,000\117\ in any fiscal year, and of such amount 
not more than $20,000,000\118\ in liabilities may be accrued 
for the acquisition of supplies (other than petroleum, oils, 
and lubricants). The $60,000,000\117\ limitation specified in 
this paragraph is in addition to the limitation specified in 
paragraph (1).
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    \116\In para. (2), sec. 1312(b)(2) of Public Law 102-484 (106 Stat. 
2547) substituted ``involving the armed forces, the total amount of 
reimbursable liabilities that the United States may accrue under this 
subchapter (before the computation of offsetting balances) with'' in 
lieu of ``in the military region affecting'' and struck out ``the total 
amount of reimbursable liabilities that the United States may accrue 
under this subchapter (before the computation of offsetting balances) 
with such country'' after ``cross-servicing agreements,''.
    \117\Sec. 1317(g)(2) of Public Law 103-337 (108 Stat. 2901) struck 
out ``$10,000,000'' and inserted in lieu thereof ``$60,000,000''.
    \118\Sec. 1317(g)(2) of Public Law 103-337 (108 Stat. 2901) 
substituted ``$20,000,000'' for ``$2,500,000''.
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    (b)(1)\119\ Except during a period of active hostilities 
involving the armed forces,\120\ the total amount of 
reimbursable credits that the United States may accrue under 
this subchapter\114\ (before the computation of offsetting 
balances) with other member countries of the North Atlantic 
Treaty Organization, subsidiary bodies of the North Atlantic 
Treaty Organization,\120\ or from the United Nations 
Organization or any regional international organization of 
which the United States is a member may not exceed 
$150,000,000\121\ in any fiscal year.
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    \119\Sec. 1104(d)(2) of Public Law 99-661 (100 Stat. 3965) added 
para. designation ``(1)''', and added para. (2).
    \120\Sec. 1312(b)(3) of Public Law 102-484 (106 Stat. 2547) struck 
out ``North Atlantic Treaty Organization'' and inserted in lieu thereof 
``armed forces''; and inserted ``with other member countries of the 
North Atlantic Treaty Organization and subsidiary bodies of the North 
Atlantic Treaty Organization'' after the parentheses. Sec. 1317(g)(3) 
of Public Law 103-337 (108 Stat. 2901) subsequently struck out 
``Organization and subsidiary'' and inserted in lieu thereof 
``Organization, subsidiary'', and added ``or from the United Nations 
Organization or any regional international organization of which the 
United States is a member''.
    \121\Sec. 1317(g)(3) of Public Law 103-337 (108 Stat. 2901) struck 
out ``$100,000,000'' and inserted in lieu thereof ``$150,000,000''.
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    (2) Except during a period of active hostilities involving 
the armed forces,\122\ the total amount of reimbursable credits 
that the United States may accrue under this subchapter\114\ 
(before the computation of offsetting balances) with a country 
which is not a member of the North Atlantic Treaty 
Organization, but with which the United States has one or more 
acquisition or cross-servicing agreements\123\ may not exceed 
$75,000,000\124\ in any fiscal year. Such limitation specified 
in this paragraph is in addition to the limitation specified in 
paragraph (1).
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    \122\Sec. 1312(b)(4)(A) of Public Law 102-484 (106 Stat. 2547) 
struck out ``in the military region affecting a country referred to in 
paragraph (1)'' and inserted in lieu thereof ``involving the armed 
forces''.
    \123\Sec. 1312(b)(4)(B) of Public Law 102-484 (106 Stat. 2547) 
struck out ``from such country (before computation of offsetting 
balances), and inserted in lieu thereof ``(before the computation of 
offsetting balances) with a country which is not a member of the North 
Atlantic Treaty Organization, but with which the United States has one 
or more acquisition or cross-servicing agreements''.
    \124\Sec. 1317(g)(4) of Public Law 103-337 (108 Stat. 2901) struck 
out ``$10,000,000'' and inserted in lieu thereof ``$75,000,000''.
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    (c)\125\ When the armed forces are involved in a 
contingency operation or in a non-combat operation (including 
an operation in support of the provision of humanitarian or 
foreign disaster assistance or in support of peacekeeping 
operations under chapter VI or VII of the Charter of the United 
Nations), the restrictions in subsections (a) and (b) are 
waived for the purposes and duration of that operation.
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    \125\Sec. 1317(g)(5) of Public Law 103-337 (108 Stat. 2901) added 
subsec. (c).
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Sec. Sec. 2348.\126\ Inventories of supplies not to be increased

    Inventories of supplies for elements of the armed forces 
may not be increased for the purpose of transferring supplies 
under the authority of this subchapter.\127\
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    \126\Added as section 2328 by sec. 2(a) of Public Law 96-323 (94 
Stat. 1018). Redesignated as sec. 2348 by sec. 1304(a)(1) of Public Law 
99-145 (99 Stat. 741).
    \127\Originally enacted as ``this Act''. Amended to read ``this 
chapter'' by sec. 11(a)(8) of Public Law 97-22 (95 Stat. 138); further 
amended to read ``this subchapter'' by sec. 931(e)(1) of Public Law 
101-189 (103 Stat. 1535).
    Sec. 1104(e) of Public Law 99-661 (100 Stat. 3965) struck out ``to 
military forces of any North Atlantic Treaty Organization country or 
any North Atlantic Treaty Organization subsidiary body'' after 
``chapter''.
    Sec. 931(e)(1) of Public Law 101-189 (103 Stat. 1535) substituted 
``this subchapter'' for ``this chapter''.
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Sec. 2349.\128\ Overseas Workload Program

    (a) In General.--A firm of any member nation of the North 
Atlantic Treaty Organization or of any major non-NATO ally 
shall be eligible to bid on any contract for the maintenance, 
repair, or overhaul of equipment of the Department of Defense 
located outside the United States to be awarded under 
competitive procedures as part of the program of the Department 
of Defense known as the Overseas Workload Program.
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    \128\Added by sec. 1431(a)(1) of the National Defense Authorization 
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1832).
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    (b) Site of Performance.--A contract awarded to a firm 
described in subsection (a) may be performed in the theater in 
which the equipment is normally located or in the country in 
which the firm is located.
    (c) Exceptions.--The Secretary of a military department may 
restrict the geographic region in which a contract referred to 
in subsection (a) may be performed if the Secretary determines 
that performance of the contract outside that specific region--
          (1) could adversely affect the military preparedness 
        of the armed forces; or
          (2) would violate the terms of an international 
        agreement to which the United States is a party.
    (d) Definition.--In this section, the term ``major non-NATO 
ally'' has the meaning given that term in section 2350a(i)(3) 
of this title.

Sec. 2349a.\129\ Annual report on non-NATO agreements

    (a) Report.--The Secretary of Defense shall submit to 
Congress, not later than January 15 of each of 1996, 1997, 
1998, 1999, and 2000, a report covering non-NATO cross-
servicing and acquisition actions in effect during the 
preceding fiscal year.
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    \129\Added by sec. 1317(i)(1) of the National Defense Authorization 
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2902).
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    (b) Matters To Be Included.--Each such report shall set 
forth in detail the following with respect to the preceding 
fiscal year:
          (1) The total dollar amounts involved.
          (2) A description of any services and equipment 
        provided or received through those actions.
          (3) A description of any equipment provided through 
        those actions that is not returned.
          (4) The volume of credits and liabilities accrued and 
        liquidated.
    (c) Non-NATO Agreements.--For purposes of this section, a 
non-NATO cross-servicing and acquisition agreement is a cross-
servicing and acquisition agreement under this subchapter that 
involves countries or organizations other than North Atlantic 
Treaty Organization countries or subsidiary bodies.

Sec. Sec. 2350.\130\ Definitions

    In this subchapter:\131\
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    \130\Added as section 2331 by sec. 2(a) of Public Law 96-323 (94 
Stat. 1016). Redesignated as sec. 2350 by sec. 1304(a)(1) of Public Law 
99-145 (99 Stat. 741). Sec. 7(k)(2) of Public Law 100-26 (101 Stat. 
284) made technical corrections throughout the section.
    \131\Sec. 931(e)(1) of Public Law 101-189 (103 Stat. 1535) 
substituted ``this subchapter'' for ``this chapter''.
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          (1)\132\ The term ''logistic support, supplies, and 
        services'' means food, billeting, transportation 
        (including airlift), petroleum, oils, lubricants, 
        clothing, communications services, medical services, 
        ammunition, base operations support (and construction 
        incident to base operations support), storage services, 
        use of facilities, training services, spare parts and 
        components, repair and maintenance services, 
        calibration services, and port services. Such term 
        includes temporary use of general purpose vehicles and 
        other nonlethal items of military equipment which are 
        not designated as significant military equipment on the 
        United States Munitions List promulgated\133\ pursuant 
        to section 38(a)(1) of the Arms Export Control Act.
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    \132\Sec. 1317(h)(1) of Public Law 103-337 (108 stat. 2901) 
inserted ``(including airlift)'' after ``transportation'', 
``calibration services,'' after ``maintenance services,'', and ``Such 
term includes temporary use of general purpose vehicles and other items 
of military equipment not designated as part of the United States 
Munitions List pursuant to section 38(a)(1) of the Arms Export Control 
Act.'' at end.
    \133\Sec. 1222 of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 111 Stat. 1937) struck out ``other items 
of military equipment not designated as part of the United States 
Munitions List'' and inserted in lieu thereof ``other nonlethal items 
of military equipment which are not designated as significant military 
equipment on the United States Munitions List promulgated''.
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          (2) The term ''North Atlantic Treaty Organization 
        subsidiary bodies'' means--
                  (A) any organization within the meaning of 
                the term ``subsidiary bodies'' in article I of 
                the multilateral treaty on the Status of the 
                North Atlantic Treaty Organisation, National 
                Representatives and International Staff, signed 
                at Ottawa on September 20, 1951 (TIAS 2992; 5 
                UST 1087); and
                  (B) any international military headquarters 
                or organization to which the Protocol on the 
                Status of International Military Headquarters 
                Set Up Pursuant to the North Atlantic Treaty, 
                signed at Paris on August 28, 1952 (TIAS 2978; 
                5 UST 870), applies.
          (3)\134\ The term ``military region'' means the 
        geographical area of responsibility assigned to the 
        commander of a unified combatant command (excluding 
        Europe and adjacent waters).
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    \134\Sec. 1104(f) of Public Law 99-661 (100 Stat. 3965) added para. 
(3).
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          (4)\135\ The term ``transfer'' means selling (whether 
        for payment in currency, replacement-in-kind, or 
        exchange of supplies or services of equal value), 
        leasing, loaning, or otherwise temporarily providing 
        logistic support, supplies, and services under the 
        terms of a cross-servicing agreement.
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    \135\Sec. 1317(h) of Public Law 103-337 (108 Stat. 2901) added 
para. (4).
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              Subchapter II--Other Cooperative Agreements

Sec. 2350a.\136\ Cooperative research and development projects: allied 
                    countries

    (a) Authority To Engage in Cooperative R&D Projects.--The 
Secretary of Defense may enter into a memorandum of 
understanding (or other formal agreement) with one or more 
major allies of the United States or NATO organizations\137\ 
for the purpose of conducting cooperative research and 
development projects on defense equipment and munitions.
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    \136\Sec. 2350a was added by sec. 931(a)(2) of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 
103 Stat. 1531).
    \137\Sec. 1301(a) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2888) inserted ``or 
NATO organizations'' after ``major allies of the United States'' in 
subsecs. (a), (e)(2), and (i)(1) of this section.
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    (b) Requirement That Projects Improve Conventional Defense 
Capabilities.--(1) The Secretary of Defense may not enter into 
a memorandum of understanding (or other formal agreement) to 
conduct a cooperative research and development project under 
this section unless the Secretary determines that the proposed 
project will improve, through the application of emerging 
technology, the conventional defense capabilities of the North 
Atlantic Treaty Organization (NATO) or the common conventional 
defense capabilities of the United States and its major non-
NATO allies.
    (2) The authority of the Secretary to make a determination 
under paragraph (1) may only be delegated to the Deputy 
Secretary of Defense or the Under Secretary of Defense for 
Acquisition and Technology.\138\
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    \138\Sec. 904(d)(1) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1728) added ``and 
Technology'' to the Under Secretary's title.
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    (c) Cost Sharing.--Each cooperative research and 
development project entered into under this section shall 
require sharing of the costs of the project (including the 
costs of claims)\139\ between the participants on an equitable 
basis.
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    \139\Sec. 843(b)(1) of Public Law 102-484 (106 Stat. 2469) inserted 
``(including the costs of claims)'' after ``project'', with a 
stipulation for termination of the amendment. This stipulation was 
repealed by sec. 1318 of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2902).
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    (d) Restrictions on Procurement of Equipment and 
Services.--(1) In order to assure substantial participation on 
the part of the major allies of the United States in 
cooperative research and development projects, funds made 
available for such projects may not be used to procure 
equipment or services from any foreign government, foreign 
research organization, or other foreign entity.
    (2) A major ally of the United States may not use any 
military or economic assistance grant, loan, or other funds 
provided by the United States for the purpose of making that 
ally's contribution to a cooperative research and development 
program entered into with the United States under this section.
    (e) Cooperative Opportunities Document.--(1)(A) In order to 
ensure that opportunities to conduct cooperative research and 
development projects are considered at an early point during 
the formal development review process of the Department of 
Defense in connection with any planned project of the 
Department, the Under Secretary of Defense for Acquisition and 
Technology\138\ shall prepare an arms cooperation opportunities 
document with respect to that project for review by the Defense 
Acquisition Board at formal meetings of the Board.
    (B) The Under Secretary shall also prepare an arms 
cooperation opportunities document for review of each new 
project for which a document known as a Mission Need Statement 
is prepared.
    (2) An arms cooperation opportunities document referred to 
in paragraph (1) shall include the following:
          (A) A statement indicating whether or not a project 
        similar to the one under consideration by the 
        Department of Defense is in development or production 
        by one or more of the major allies of the United States 
        or NATO organizations.\137\
          (B) If a project similar to the one under 
        consideration by the Department of Defense is in 
        development or production by one or more major allies 
        of the United States or NATO organizations,\137\ an 
        assessment by the Under Secretary of Defense for 
        Acquisition and Technology\138\ as to whether that 
        project could satisfy, or could be modified in scope so 
        as to satisfy, the military requirements of the project 
        of the United States under consideration by the 
        Department of Defense.
          (C) An assessment of the advantages and disadvantages 
        with regard to program timing, developmental and life 
        cycle costs, technology sharing, and Rationalization, 
        Standardization, and Interoperability (RSI) of seeking 
        to structure a cooperative development program with one 
        or more major allies of the United States or NATO 
        organizations.\137\
          (D) The recommendation of the Under Secretary as to 
        whether the Department of Defense should explore the 
        feasibility and desirability of a cooperative 
        development program with one or more major allies of 
        the United States or NATO organizations.\137\
    (f) Reports to Congress.--(1) Not later than March 1 of 
each year, the Under Secretary of Defense for Acquisition and 
Technology\138\ shall submit to the Speaker of the House of 
Representatives and the Committees on Armed Services and 
Appropriations of the Senate a report on cooperative research 
and development projects under this section. Each such report 
shall include--
          (A) a description of the status, funding, and 
        schedule of existing projects carried out under this 
        section for which memoranda of understanding (or other 
        formal agreements) have been entered into; and
          (B) a description of the purpose, funding, and 
        schedule of any new projects proposed to be carried out 
        under this section (including those projects for which 
        memoranda of understanding (or other formal agreements) 
        have not yet been entered into) for which funds have 
        been included in the budget submitted to Congress 
        pursuant to section 1105 of title 31 for the fiscal 
        year following the fiscal year in which the report is 
        submitted.
    (2) The Secretary of Defense and the Secretary of State, 
whenever they consider such action to be warranted, shall 
jointly submit to 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\140\ a report--
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    \140\Sec. 1502(a)(17) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 504) struck out 
``submit to the Committees on Armed Services and Foreign Relations of 
the Senate and to the Committees on Armed Services and Foreign Affairs 
of the House of Representatives'' and inserted in lieu thereof ``submit 
to 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''.
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          (A) enumerating those countries to be added to or 
        deleted from the existing designation of countries 
        designated as major non-NATO allies for purposes of 
        this section; and
          (B) specifying the criteria used in determining the 
        eligibility of a country to be designated as a major 
        non-NATO ally for purposes of this section.
    (g) Side-by-Side Testing.--(1) It is the sense of 
Congress--
          (A) that the Secretary of Defense should test 
        conventional defense equipment, munitions, and 
        technologies manufactured and developed by major allies 
        of the United States and other friendly foreign 
        countries\141\ to determine the ability of such 
        equipment, munitions, and technologies to satisfy 
        United States military requirements or to correct 
        operational deficiencies; and
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    \141\Sec. 1053 of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1471) inserted ``and 
other friendly foreign countries'' after ``major allies of the United 
States'' in pars. (1)(A) and (4)(A).
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          (B) that while the testing of nondevelopmental items 
        and items in the late state of the development process 
        are preferred, the testing of equipment, munitions, and 
        technologies may be conducted to determine procurement 
        alternatives.
    (2) The Secretary of Defense may acquire equipment, 
munitions, and technologies of the type described in paragraph 
(1) for the purpose of conducting the testing described in that 
paragraph.
    (3) The Deputy Director, Defense Research and Engineering 
(Test and Evaluation) shall notify the Speaker of the House of 
Representatives and the Committees on Armed Services and on 
Appropriations of the Senate of the Deputy Director's intent to 
obligate funds made available to carry out this subsection not 
less than 30 days before such funds are obligated.
    (4)\142\ The Secretary of Defense shall submit to Congress 
each year, not later than March 1, a report containing 
information on--
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    \142\Sec. 1331(4) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1673) amended and 
restated par. (4).
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          (A) the equipment, munitions, and technologies 
        manufactured and developed by major allies of the 
        United States and other friendly foreign countries\141\ 
        that were evaluated under this subsection during the 
        previous fiscal year;
          (B) the obligation of any funds under this subsection 
        during the previous fiscal year; and
          (C) the equipment, munitions, and technologies that 
        were tested under this subsection and procured during 
        the previous fiscal year.
    (h) Secretary To Encourage Similar Programs.--The Secretary 
of Defense shall encourage major allies of the United States to 
establish programs similar to the one provided for in this 
section.
    (i) Definitions.--In this section:
          (1) The term ``cooperative research and development 
        project'' means a project involving joint participation 
        by the United States and one or more major allies of 
        the United States or NATO organizations\137\ under a 
        memorandum of understanding (or other formal agreement) 
        to carry out a joint research and development program--
                  (A) to develop new conventional defense 
                equipment and munitions; or
                  (B) to modify existing military equipment to 
                meet United States military requirements.
          (2) The term ``major ally of the United States'' 
        means--
                  (A) a member nation of the North Atlantic 
                Treaty Organization (other than the United 
                States); or
                  (B) a major non-NATO ally.
          (3) The term ``major non-NATO ally'' means a country 
        (other than a member nation of the North Atlantic 
        Treaty Organization) that is designated as a major non-
        NATO ally for purposes of this section by the Secretary 
        of Defense with the concurrence of the Secretary of 
        State.
          (4)\143\ The term ``NATO organization'' means any 
        North Atlantic Treaty Organization subsidiary body 
        referred to in section 2350(2) of this title and any 
        other organization of the North Atlantic Treaty 
        Organization.
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    \143\Sec. 1301(b) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2888) added para. (4).
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Sec. 2350b.\144\ Cooperative projects under Arms Export Control Act: 
                    acquisition of defense equipment

    (a)(1) If the President delegates to the Secretary of 
Defense the authority to carry out section 27(d) of the Arms 
Export Control Act (22 U.S.C. 2767(d)), relating to cooperative 
projects (as defined in such section), the Secretary may 
utilize his authority under this title in carrying out 
contracts or obligations incurred under such section.
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    \144\Sec. 2350b was added as 2407 by sec. 1102(b) of the Department 
of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 710), 
with the title of ``Acquisition of defense equipment under cooperative 
projects''. It was subsequently redesignated as sec. 2350b and retitled 
by sec. 931(b) of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1534). References to 
``NATO'' cooperative projects were removed by sec. 1103 of Public Law 
99-661 (100 Stat. 3816).
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    (2) Except as provided in subsection (c), chapter 137 of 
this title shall apply to such contracts (referred to in 
paragraph (1)) entered into by the Secretary of Defense. Except 
to the extent waived under subsection (c) or some other 
provision of law, all other provisions of law relating to 
procurement, if otherwise applicable, shall apply to such 
contracts entered into by the Secretary of Defense.
    (b) When contracting or incurring obligations under section 
27(d) of the Arms Export Control Act for cooperative projects, 
the Secretary of Defense may require subcontracts to be awarded 
to particular subcontractors in furtherance of the cooperative 
project.
    (c)(1) Subject to paragraph (2), when entering into 
contracts or incurring obligations under section 27(d) of the 
Arms Export Control Act outside the United States, the 
Secretary of Defense may waive with respect to any such 
contract or subcontract the application of any provision of 
law, other than a provision of the Arms Export Control Act or 
section 2304 of this title, that specifically prescribes--\145\
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    \145\Sec. 4321(b)(10)(A) of the National Defense Authorization Act 
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 672) struck out 
``specifically--'' and inserted in lieu thereof ``specifically 
prescribes--'', and struck out ``prescribe'' at the beginning of each 
of subpara. (A) through (D).
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          (A) procedures to be followed in the formation of 
        contracts;
          (B) terms and conditions to be included in contracts;
          (C) requirements for or preferences to be given to 
        goods grown, produced, or manufactured in the United 
        States or in United States Government-owned facilities 
        or for services to be performed in the United States; 
        or
          (D) requirements regulating the performance of 
        contracts.
    (2) A waiver may not be made under paragraph (1) unless the 
Secretary determines that the waiver is necessary to ensure 
that the cooperative project will significantly further 
standardization, rationalization, and interoperability.
    (3) The authority of the Secretary to make waivers under 
this subsection may be delegated only to the Deputy Secretary 
of Defense or the Acquisition Executive designated for the 
Office of the Secretary of Defense.
    (d)(1) The Secretary of Defense shall notify the Congress 
each time he requires that a prime contract be awarded to a 
particular prime contractor or that a subcontract be\146\ 
awarded to a particular subcontractor to comply with a 
cooperative agreement. The Secretary shall include in each such 
notice the reason for exercising his authority to designate a 
particular contractor or subcontractor, as the case may be.
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    \146\Sec. 4321(b)(10)(B) of the National Defense Authorization Act 
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 672) struck out 
``subcontract to be'' and inserted in lieu thereof ``subcontract be''.
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    (2) The Secretary shall also notify the Congress each time 
he exercises a waiver under subsection (c) and shall include in 
such notice the particular provision or provisions of law that 
were waived.
    (3) A report under this subsection shall be required only 
to the extent that the information required by this subsection 
has not been provided in a report made by the President under 
section 27(e) of the Arms Export Control Act (22 U.S.C. 
2767(e)).
    (e)(1) In carrying out a cooperative project under section 
27 of the Arms Export Control Act, the Secretary of Defense may 
agree that a participant (other than the United States) or a 
NATO organization\147\ may make a contract for requirements of 
the United States under the project if the Secretary determines 
that such a contract will significantly further 
standardization, rationalization, and interoperability. Except 
to the extent waived under this section or under any other 
provision of law, the Secretary shall ensure that such contract 
will be made on a competitive basis and that United States 
sources will not be precluded from competing under the 
contract.
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    \147\Sec. 1335(1) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 484) inserted ``or a 
NATO organization'' after ``(other than the United States)''.
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    (2) If a participant (other than the United States) in a 
cooperative project makes a contract on behalf of such project 
to meet the requirements of the United States, the contract may 
permit the contracting party to follow its own procedures 
relating to contracting.
    (f) In carrying out such a cooperative project or a NATO 
organization,\148\ the Secretary of Defense may also agree to 
the disposal of property that is jointly acquired by the 
members of the project without regard to any laws of the United 
States applicable to the disposal of property owned by the 
United States. Disposal of such property may include a transfer 
of the interest of the United States in such property to one of 
the other governments participating in the cooperative 
agreement or the sale of such property. Payment for the 
transfer or sale of any interest of the United States in any 
such property shall be made in accordance with the terms of the 
cooperative agreement.
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    \148\Sec. 1335(2) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 484) struck out ``a 
cooperative project'' and inserted in lieu thereof ``such a cooperative 
project or a NATO organization''.
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    (g) Nothing in this section shall be construed as 
authorizing--
          (1) the Secretary of Defense to waive any of the 
        financial management responsibilities administered by 
        the Secretary of the Treasury; or
          (2) to waive the cargo preference laws of the United 
        States, including the Military Cargo Preference Act of 
        1904 (10 U.S.C. 2631) and the Cargo Preference Act of 
        1954 (46 U.S.C. 1241(b)).

Sec. 2350c.\149\ Cooperative military airlift agreements: allied 
                    countries

    (a) Subject to the availability of appropriations, and 
after consultation with the Secretary of State, the Secretary 
of Defense may enter into cooperative military airlift 
agreements with the government of any allied country for the 
transportation of the personnel and cargo of the military 
forces of that country on aircraft operated by or for the 
military forces of the United States in return for the 
reciprocal transportation of the personnel and cargo of the 
military forces of the United States on aircraft operated by or 
for the military forces of that allied country. Any such 
agreement shall include the following terms:
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    \149\Sec. 2350c was enacted as sec. 2213 by sec. 1125(a) of the DOD 
Authorization Act, 1983 (Public Law 97-252; 96 Stat. 757), with the 
title of ``Cooperative military airlift agreements''; and redesignated 
as sec. 2350c and retitled by sec. 931(b)(2) of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 
103 Stat. 1534).
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          (1) The rate of reimbursement for transportation 
        provided shall be the same for each party and shall be 
        not less than the rate charged to military forces of 
        the United States, as determined by the Secretary of 
        Defense under section 2208(h) of this title.
          (2) Credits and liabilities accrued as a result of 
        providing or receiving transportation shall be 
        liquidated\150\ as agreed upon by the parties. 
        Liquidation shall be either by direct payment to the 
        country that has provided the greater amount of 
        transportation or by the providing of in-kind 
        transportation services to that country. The 
        liquidation shall occur on a regular basis, but not 
        less often than once every 12 months.
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    \150\Sec. 1311(a) of Public Law 102-484 (106 Stat. 2547) struck out 
``not less often than once every 3 months by direct payment to the 
country that has provided the greater amount of transportation.'' 
following ``liquidation'', and text beginning with ``as agreed upon'' 
was inserted in its place.
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          (3) During peacetime, the only military airlift 
        capacity that may be used to provide transportation is 
        that capacity that (A) is not needed to meet the 
        transportation requirements of the military forces of 
        the country providing the transportation, and (B) was 
        not created solely to accommodate the requirements of 
        the military forces of the country receiving the 
        transportation.
          (4) Defense articles purchased by an allied country 
        from the United States under the Arms Export Control 
        Act (22 U.S.C. 2751 et seq.) or from a commercial 
        source under the export controls of the Arms Export 
        Control Act may not be transported (for the purpose of 
        delivery incident to the purchase of the defense 
        articles) to the purchasing allied country on aircraft 
        operated by or for the military forces of the United 
        States except at a rate of reimbursement that is equal 
        to the full cost of transportation of the defense 
        articles, as required by section 21(a)(3) of the Arms 
        Export Control Act (22 U.S.C. 2761(a)(3)).
    (b) Subject to the availability of appropriations, and 
after consultation with the Secretary of State, the Secretary 
of Defense may enter into nonreciprocal military airlift 
agreements with North Atlantic Treaty Organization subsidiary 
bodies for the transportation of the personnel and cargo of 
such subsidiary bodies on aircraft operated by or for the 
military forces of the United States. Any such agreement shall 
be subject to such terms as the Secretary of Defense considers 
appropriate.
    (c) Any amount received by the United States as a result of 
an agreement entered into under this section shall be credited 
to applicable appropriations, accounts, and funds of the 
Department of Defense.
    (d) Notwithstanding subchapter I,\151\ the Secretary of 
Defense may enter into military airlift agreements with allied 
countries only under the authority of this section.
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    \151\Sec. 931(b)(2) of Public Law 101-189 (103 Stat. 1534) struck 
out ``chapter 138 of this title'' at this point and inserted 
``subchapter I''.
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    (e) In this section:
          (1) The term ``allied country'' means any of the 
        following:
                  (A) A country that is a member of the North 
                Atlantic Treaty Organization.
                  (B) Australia, New Zealand, Japan, and the 
                Republic of Korea.\152\
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    \152\Sec. 1311(b) of Public Law 102-484 (106 Stat. 2547) struck out 
``or New Zealand'', and inserted in lieu thereof ``, New Zealand, 
Japan, and the Republic of Korea''.
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                  (C) Any other country designated as an allied 
                country for the purposes of this section by the 
                Secretary of Defense with the concurrence of 
                the Secretary of State.
          (2) The term ``North Atlantic Treaty Organization 
        subsidiary bodies'' has the meaning given to it by 
        section 2331 of this title.

Sec. 2350d.\153\ Cooperative logistic support agreements: NATO 
                    countries

    (a) General Authority.--(1) The Secretary of Defense may 
enter into bilateral or multilateral agreements known as Weapon 
System Partnership Agreements with one or more governments of 
other member countries of the North Atlantic Treaty 
Organization (NATO) participating in the operation of the NATO 
Maintenance and Supply Organization. Any such agreement shall 
be for the purpose of providing cooperative logistics support 
for the armed forces of the countries which are parties to the 
agreement. Any such agreement--
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    \153\Sec. 931(c) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1534) added 
sec. 2350d.
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          (A) shall be entered into pursuant to the terms of 
        the charter of the NATO Maintenance and Supply 
        Organization; and
          (B) shall provide for the common logistic support of 
        a specific weapon system common to the participating 
        countries.
    (2) Such an agreement may provide for--
          (A) the transfer of logistics support, supplies, and 
        services by the United States to the NATO Maintenance 
        and Supply Organization; and
          (B) the acquisition of logistics support, supplies, 
        and services by the United States from that 
        Organization.
    (b) Authority of Secretary.--Under the terms of a Weapon 
System Partnership Agreement, the Secretary of Defense--
          (1) may agree that the NATO Maintenance and Supply 
        Organization may enter into contracts for supply and 
        acquisition of logistics support in Europe for 
        requirements of the United States, to the extent the 
        Secretary determines that the procedures of such 
        Organization governing such supply and acquisition are 
        appropriate; and
          (2) may share the costs of set-up charges of 
        facilities for use by the NATO Maintenance and Supply 
        Organization to provide cooperative logistics support 
        and in the costs of establishing a revolving fund for 
        initial acquisition and replenishment of supply stocks 
        to be used by the NATO Maintenance and Supply 
        Organization to provide cooperative logistics support.
    (c) Sharing of Administrative Expenses.--Each Weapon System 
Partnership Agreement shall provide for joint management by the 
participating countries and for the equitable sharing of the 
administrative costs and costs of claims\154\ incident to the 
agreement.
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    \154\Sec. 843(b)(2) of Public Law 102-484 (106 Stat. 2469) inserted 
``and costs of claims'' after administrative costs'', with a 
stipulation for termination of the amendment. This stipulation was 
repealed by sec. 1318 of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2902).
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    (d) Application of Chapter 137.--Except as otherwise 
provided in this section, the provisions of chapter 137 of this 
title apply to a contract entered into by the Secretary of 
Defense for the acquisition of logistics support under a Weapon 
System Partnership Agreement.
    (e) Application of Arms Export Control Act.--Any transfer 
of defense articles or defense services to a member country of 
the North Atlantic Treaty Organization or to the NATO 
Maintenance and Supply Organization for the purposes of a 
Weapon System Partnership Agreement shall be carried out in 
accordance this chapter and\155\ with the Arms Export Control 
Act (22 U.S.C. 2751 et seq.).
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    \155\Sec. 938(c) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1539), added 
``this chapter and''.
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    (f) Supplemental Authority.--The authority of the Secretary 
of Defense under this section is in addition to the authority 
of the Secretary under subchapter I and any other provision of 
law.

Sec. 2350e.\156\ NATO Airborne Warning and Control System (AWACS) 
                    program: authority of Secretary of Defense

    (a) Authority Under AWACS Program.--The Secretary of 
Defense, in carrying out an AWACS memorandum of understanding, 
may do the following:
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    \156\Sec. 932(a) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1536) added 
sec. 2350e. Sec. 2350e(d), which provided for the expiration of this 
authority, was struck out by sec. 1413 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 
1829). Originally intended to expire on September 30, 1991, that date 
had been amended to extend the authority until September 30, 1993, by 
sec. 1051(2) of the National Defense Authorization Act for Fiscal Years 
1992 and 1993 (Public Law 102-190; 105 Stat. 1470).
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          (1) Waive reimbursement for the cost of the following 
        functions performed by personnel other than personnel 
        employed in the United States Air Force Airborne 
        Warning and Control System (AWACS) program office:
                  (A) Auditing.
                  (B) Quality assurance.
                  (C) Codification.
                  (D) Inspection.
                  (E) Contract administration.
                  (F) Acceptance testing.
                  (G) Certification services.
                  (H) Planning, programming, and management 
                services.
          (2) Waive any surcharge for administrative services 
        otherwise chargeable.
          (3) In connection with that Program, assume 
        contingent liability for--
                  (A) program losses resulting from the gross 
                negligence of any contracting officer of the 
                United States;
                  (B) identifiable taxes, customs duties, and 
                other charges levied within the United States 
                on the program; and
                  (C) the United States share of the unfunded 
                termination liability.
    (b) Contract Authority Limitation.--Authority under this 
section to enter into contracts shall be effective for any 
fiscal year only to such extent or in such amounts as are 
provided in appropriation Acts.
    (c) Definition.--In this section, the term ``AWACS 
memorandum of understanding'' means--
          (1) the Multilateral Memorandum of Understanding 
        Between the North Atlantic Treaty Organization (NATO) 
        Ministers of Defence on the NATO E-3A Cooperative 
        Programme, signed by the Secretary of Defense on 
        December 6, 1978;
          (2) the Memorandum of Understanding for Operations 
        and Support of the NATO Airborne Early Warning and 
        Control Force, signed by the United States Ambassador 
        to NATO on September 26, 1984;\157\
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    \157\Sec. 1051(1) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1470) struck 
out ``and'' at the end of par. (2); redesignated par. (3) as (4); 
inserted a new par. (3).
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          (3)\157\ the Addendum to the Multilateral Memorandum 
        of Understanding Between the North Atlantic Treaty 
        Organization (NATO) Ministers of Defense on the NATO E-
        3A Cooperative Programme (dated December 6, 1978) 
        relating to the modernization of the NATO Airborne 
        Early Warning and Control (NAEW&C) System, dated 
        December 7, 1990; and
          (4)\157\ any other follow-on support agreement for 
        the NATO E-3A Cooperative Programme.

Sec. 2350f.\158\ Procurement of communications support and related 
                    supplies and services

    (a) As an alternative means of obtaining communications 
support and related supplies and services, the Secretary of 
Defense, subject to the approval of the Secretary of State, may 
enter into a bilateral arrangement with any allied country or 
allied international organization or may enter into a 
multilateral arrangement with allied countries and allied 
international organizations,\159\ under which, in return for 
being provided communications support and related supplies and 
services, the United States would agree to provide to the 
allied country or countries or allied international 
organization or allied international organizations, as the case 
may be,\160\ an equivalent value of communications support and 
related supplies and services. The term of an arrangement 
entered into under this subsection may not exceed five 
years.\161\
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    \158\Sec. 2350f was enacted as sec. 2401a by sec. 1005 of the 
Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 
Stat. 2492 at 2578); and redesignated as sec. 2350f by sec. 933(a) of 
the National Defense Authorization Act for Fiscal Years 1990 and 1991 
(Public Law 101-189; 103 Stat. 1537).
    \159\Sec. 933(b)(1) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1537) 
inserted text to this point beginning with ``a bilateral arrangement'', 
and struck out ``an arrangement with the Minister of Defense or other 
appropriate official of any allied country or with the North Atlantic 
Treaty Organization (NATO)''.
    \160\Sec. 933(b)(2) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1537), struck 
out ``such country or NATO'' and inserted in lieu thereof text to this 
point beginning with ``the allied country or countries or''.
    \161\Sec. 933(b)(3) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1537), added 
this last sentence.
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    (b)(1)\162\ Any arrangement entered into under this section 
shall require that any accrued credits and liabilities 
resulting from an unequal exchange of communications support 
and related supplies and services during the term of such 
arrangement would be liquidated by direct payment to the party 
having provided the greater amount of communications support 
and related supplies and services. Liquidations may be made at 
such times as the parties in an arrangement may agree upon, but 
in no case may final liquidation in the case of an arrangement 
be made later than 30 days after the end of the term for which 
the arrangement was entered into; and\162\
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    \162\Sec. 933(c) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1537), added 
paragraph designation (1); added par. (2); designated the last sentence 
of par. (1) as par. (3); and added the last sentence to par. (1).
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    (2)\162\ Parties to an arrangement entered into under this 
section shall annually reconcile accrued credits and 
liabilities accruing under such agreement. Any liability of the 
United States resulting from a reconciliation shall be charged 
against the applicable appropriation available to the 
Department of Defense (at the time of the reconciliation) for 
obligation for communications support and related supplies and 
services.
    (3)\162\ Payments received by the United States shall be 
credited to the appropriation from which such communications 
support and related supplies and services have been provided.
    (c) The Secretary of Defense shall submit to the Committee 
on Armed Services of the Senate and the Committee on National 
Security of the House of Representatives\163\ copies of all 
documents evidencing an arrangement entered into under 
subsection (a) not later than 45 days after entering into such 
an arrangement.
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    \163\Sec. 1502(a)(2) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 502) struck out 
``Committees on Armed Services of the Senate and the House of 
Representatives'' and inserted in lieu thereof ``Committee on Armed 
Services of the Senate and the Committee on National Security of the 
House of Representatives''.
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    (d)\164\ In this section:
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    \164\Sec. 933(d) of Public Law 101-189 struck ``In this section, 
the term `allied country' means--'' from (d), inserted in lieu thereof 
``In this section:''; redesignated clauses (1) and (2) as (A) and (B), 
respectively; made technical corrections to clauses redesignated as (A) 
and (B); and added a new clause (C) and par. (2).
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          (1) The term ``allied country'' means--
                  (A) a country that is a member of the North 
                Atlantic Treaty Organization;\165\
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    \165\Sec. 1484(k)(8) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1719) struck out ``, 
or'' here and inserted a semicolon.
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                  (B) Australia, New Zealand, Japan, or the 
                Republic of Korea; or
                  (C) any other country designated as an allied 
                country for purposes of this section by the 
                Secretary of Defense with the concurrence of 
                the Secretary of State.
          (2) The term ``allied international organization'' 
        means the North Atlantic Treaty Organization (NATO) or 
        any other international organization designated as an 
        allied international organization for the purposes of 
        this section by the Secretary of Defense with the 
        concurrence of the Secretary of State.

Sec. 2350g.\166\ Authority to accept use of real property, services, 
                    and supplies from foreign countries in connection 
                    with mutual defense agreements and occupational 
                    arrangements

  (a) Authority To Accept.--The Secretary of Defense may accept 
from a foreign country, for the support of any element of the 
armed forces in an area of that country--
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    \166\Sec. 1451(b)(1) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1693) added sec. 2350g.
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          (1) real property or the use of real property and 
        services and supplies for the United States or for the 
        use of the United States in accordance with a mutual 
        defense agreement or occupational arrangement; and
          (2) services furnished as reciprocal international 
        courtesies or as services customarily made available 
        without charge.
  (b) Quarterly Reports.--(1) Not later than 30 days after the 
end of each quarter of each fiscal year, the Secretary of 
Defense shall submit to Congress a report on property, 
services, and supplies accepted by the Secretary under this 
section during the preceding quarter. The Secretary shall 
include in each such report a description of all property, 
services, and supplies having a value of more than $1,000,000.
  (2) In computing the value of any property, services, and 
supplies referred to in paragraph (1), the Secretary shall 
aggregate the value of--
          (A) similar items of property, services, and supplies 
        accepted by the Secretary during the quarter concerned; 
        and
          (B) components which, if assembled, would comprise 
        all or a substantial part of an item of equipment or a 
        facility.
  (c) Authority to Use Property, Services, and Supplies.--
Property, services, or supplies referred to in subsection (a) 
may be used by the Secretary of Defense without specific 
authorization, except that such property, services, and 
supplies may not be used in connection with any program, 
project, or activity if the use of such property, services, or 
supplies would result in the violation of any prohibition or 
limitation otherwise applicable to that program, project, or 
activity.
    (d)\167\ Periodic Audits by GAO.--The Comptroller General 
of the United States shall make periodic audits of money and 
property accepted under this section, at such intervals as the 
Comptroller General determines to be warranted. The Comptroller 
General shall submit to Congress a report on the results of 
each such audit.
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    \167\Sec. 1105(a) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1749) amended and 
restated subsec. (d).
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Sec. 2350h.\168\ Memorandums of agreement: Department of Defense 
                    ombudsman for foreign signatories

  The Secretary of Defense shall designate an official to act 
as ombudsman within the Department of Defense on behalf of 
foreign governments who are parties to memorandums of agreement 
with the United States concerning acquisition matters under the 
jurisdiction of the Secretary of Defense. The official so 
designated shall assist officials of those foreign governments 
in understanding and complying with procedures and requirements 
of the Department of Defense (and, as appropriate, other 
departments and agencies of the United States) insofar as they 
relate to any such memorandum of agreement.
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    \168\Sec. 1452(a)(1) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1694) added sec. 2350h. 
Sec. 1452(b) of that Act also provided that: ``The official required to 
be designated under section 2350(h) of title 10, United States Code, as 
added by subsection (a), shall be designated by the Secretary of 
Defense not later than 90 days after the date of the enactment of this 
Act.''.
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Sec. 2350i.\169\ Foreign contributions for cooperative projects

  (a) Crediting of Contributions.--Whenever the United States 
participates in a cooperative project with a friendly foreign 
country or the North Atlantic Treaty Organization (NATO) on a 
cost-sharing basis, any contribution received by the United 
States from that foreign country or NATO to meet its share of 
the costs of the project may be credited to appropriations 
available to an appropriate military department or another 
appropriate organization within the Department of Defense, as 
determined by the Secretary of Defense.
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    \169\Sec. 1047(a) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1467) added 
sec. 2350i.
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  (b) Use of Amounts Credited.--The amount of a contribution 
credited pursuant to subsection (a) to an appropriation account 
in connection with a cooperative project referred to in that 
subsection shall be available only for payment of the share of 
the project expenses allocated to the foreign country or NATO 
making the contribution. Payments for which such amount is 
available include the following:
          (1) Payments to contractors and other suppliers 
        (including the Department of Defense and other 
        participants acting as suppliers) for necessary 
        articles and services.
          (2) Payments for any damages and costs resulting from 
        the performance or cancellation of any contract or 
        other obligation.
          (3) Payments or reimbursements of other program 
        expenses, including program office overhead and 
        administrative costs.
          (4) Refunds to other participants.
  (c) Definitions.--In this section:
          (1) The term ``cooperative project'' means a jointly 
        managed arrangement, described in a written cooperative 
        agreement entered into by the participants, that--
                  (A) is undertaken by the participants in 
                order to improve the conventional defense 
                capabilities of the participants; and
                  (B) provides for--
                          (i) one or more participants (other 
                        than the United States) to share with 
                        the United States the cost of research 
                        and development, testing, evaluation, 
                        or joint production (including follow-
                        on support) of defense articles;
                          (ii) the United States and another 
                        participant concurrently to produce in 
                        the United States and the country of 
                        such other participant a defense 
                        article jointly developed in a 
                        cooperative project described in clause 
                        (i); or
                          (iii) the United States to procure a 
                        defense article or a defense service 
                        from another participant in the 
                        cooperative project.
          (2) The term ``defense article'' has the meaning 
        given such term in section 47(3) of the Arms Export 
        Control Act (22 U.S.C. 2794(3)).
          (3) The term ``defense service'' has the meaning 
        given such term in section 47(4) of the Arms Export 
        Control Act (22 U.S.C. 2794(4)).

Sec. 2350j.\170\ Burden sharing contributions by designated countries 
                    and regional organizations

  (a) Authority To Accept Contributions.--The Secretary of 
Defense, after consultation with the Secretary of State, may 
accept cash contributions from any country or regional 
organization designated for purposes of this section by the 
Secretary of Defense, in consultation with the Secretary of 
State,\171\ for the purposes specified in subsection (c).
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    \170\Sec. 1402(a) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1826) added this 
section heading, and incorporated as text of a new section 2350j, the 
language enacted as sec. 1045 of the National Defense Authorization Act 
for Fiscal Years 1992 and 1993 (Public Law 101-190), as amended, and 
further amended by sec. 1402(b) of Public Law 103-160.
    \171\Sec. 1402(a)(2)(A)(iv) of the National Defense Authorization 
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1826) inserted 
``from any country or regional organization designated for purposes of 
this section by the Secretary of Defense, in consultation with the 
Secretary of State''. Sec. 1070(a)(10)(A) of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 
2856) inserted a comma after ``Secretary of State'' at this point.
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  (b)\172\ Accounting.--Contributions accepted under subsection 
(a) which are not related to security assistance may be 
accepted, managed, and expended in dollars or in the currency 
of the host nation (or, in the case of a contribution from a 
regional organization, in the currency in which the 
contribution was provided). Any such contribution shall be 
placed in an account established for such purpose and shall 
remain available until expended for the purposes specified in 
subsection (c). The Secretary of Defense shall establish a 
separate account for such purpose for each country or regional 
organization from which such contributions are accepted under 
subsection (a).
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    \172\Sec. 1331(a) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 482) amended and 
restated subsec. (b).
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  (c) Availability of Contributions.--Contributions accepted 
under subsection (a) shall be available only for the payment of 
the following costs:
          (1) Compensation for local national employees of the 
        Department of Defense.
          (2) Military construction projects of the Department 
        of Defense.
          (3) Supplies and services of the Department of 
        Defense.
  (d) Authorization of Military Construction.--Contributions 
placed in an account established under subsection (b)\173\ may 
be used--
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    \173\Sec. 1331(b) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 482) struck out 
``credited under subsection (b) to an appropriation account of the 
Department of Defense'' and inserted in lieu thereof ``placed in an 
account established under subsection (b)''.
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          (1) by the Secretary of Defense to carry out a 
        military construction project that is consistent with 
        the purposes for which the contributions were made and 
        is not otherwise authorized by law; or
          (2) by the Secretary of a military department, with 
        the approval of the Secretary of Defense, to carry out 
        such a project.
  (e) Notice and Wait Requirements.--(1) When a decision is 
made to carry out a military construction project under 
subsection (d), the Secretary of Defense shall submit to the 
congressional committees specified in subsection (g) a 
report\174\ containing--
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    \174\Sec. 1331(c)(1) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 482) struck out ``a 
report to the congressional defense committees'' and inserted in lieu 
thereof ``to the congressional committees specified in subsection (g) a 
report''
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          (A) an explanation of the need for the project;
          (B) the then current estimate of the cost of the 
        project; and
          (C) a justification for carrying out the project 
        under that subsection.
  (2) The Secretary of Defense or the Secretary of a military 
department may not commence a military construction project 
under subsection (d) until the end of the 21-day period 
beginning on the date on which the Secretary of Defense submits 
the report under paragraph (1) regarding the project.
  (f) Reports.--Not later than 30 days after the end of each 
fiscal year, the Secretary of Defense shall submit to\175\ 
Congress a report specifying separately for each country and 
regional organization from which contributions have been 
accepted by the Secretary under subsection (a)--
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    \175\Sec. 1070(a)(10)(B) of the National Defense Authorization Act 
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2888) struck out 
``the'' at this point.
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          (1) the amount of the contributions accepted by the 
        Secretary during the preceding fiscal year under 
        subsection (a) and the purposes for which the 
        contributions were made; and
          (2) the amount of the contributions expended by the 
        Secretary during the preceding fiscal year and the 
        purposes for which the contributions were expended.
    (g)\176\ Congressional Committees.--The congressional 
committees referred to in subsection (e)(1) are--
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    \176\Sec. 1332(c)(2) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 482) added subsec. (g).
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          (1) the Committee on Armed Services and the Committee 
        on Appropriations of the Senate; and
          (2) the Committee on National Security and the 
        Committee on Appropriations of the House of 
        Representatives.

Sec. 2350k.\177\ Relocation within host nation of elements of armed 
                    forces overseas

    (a) Authority To Accept Contributions.--The Secretary of 
Defense may accept contributions from any nation because of or 
in support of the relocation of elements of the armed forces 
from or to any location within that nation. Such contributions 
may be accepted in dollars or in the currency of the host 
nation. Any such contribution shall be placed in an account 
established for such purpose and shall remain available until 
expended for the purposes specified in subsection (b). The 
Secretary shall establish a separate account for such purpose 
for each country from which such contributions are accepted.
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    \177\Sec. 1332(a) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 482) added a new sec. 
2350k.
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    (b) Use of Contributions.--The Secretary may use a 
contribution accepted under subsection (a) only for payment of 
costs incurred in connection with the relocation concerning 
which the contribution was made. Those costs include the 
following:
          (1) Design and construction services, including 
        development and review of statements of work, master 
        plans and designs, acquisition of construction, and 
        supervision and administration of contracts relating 
        thereto.
          (2) Transportation and movement services, including 
        packing, unpacking, storage, and transportation.
          (3) Communications services, including installation 
        and deinstallation of communications equipment, 
        transmission of messages and data, and rental of 
        transmission capability.
          (4) Supply and administration, including acquisition 
        of expendable office supplies, rental of office space, 
        budgeting and accounting services, auditing services, 
        secretarial services, and translation services.
          (5) Personnel costs, including salary, allowances and 
        overhead of employees whether full-time or part-time, 
        temporary or permanent (except for military personnel), 
        and travel and temporary duty costs.
          (6) All other clearly identifiable expenses directly 
        related to relocation.
    (c) Method of Contribution.--Contributions may be accepted 
in any of the following forms:
          (1) Irrevocable letter of credit issued by a 
        financial institution acceptable to the Treasurer of 
        the United States.
          (2) Drawing rights on a commercial bank account 
        established and funded by the host nation, which 
        account is blocked such that funds deposited cannot be 
        withdrawn except by or with the approval of the United 
        States.
          (3) Cash, which shall be deposited in a separate 
        trust fund in the United States Treasury pending 
        expenditure and which shall accrue interest in 
        accordance with section 9702 of title 31.
  (d) Annual Report to Congress.--Not later than 30 days after 
the end of each fiscal year, the Secretary shall submit to 
Congress a report specifying--
          (1) the amount of the contributions accepted by the 
        Secretary during the preceding fiscal year under 
        subsection (a) and the purposes for which the 
        contributions were made; and
          (2) the amount of the contributions expended by the 
        Secretary during the preceding fiscal year and the 
        purposes for which the contributions were expended.
          * * * * * * *

                 CHAPTER 139--RESEARCH AND DEVELOPMENT

          * * * * * * *

Sec. 2370. * * * [Repealed--1996]\178\
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    \178\Sec. 2370, which had required the Secretary of Defense to 
report annually on biological defense research, was repealed by sec. 
1061(j)(1) of the National Defense Authorization Act for Fiscal Year 
1996 (Public Law 104-106; 110 Stat. 442). The section had been enacted 
by sec. 241(a) of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1516).
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Sec. 2370a.\179\ Medical countermeasures against biowarfare threats: 
                    allocation of funding between near-term and other 
                    threats

    (a) Allocation Between Near-Term and Other Threats.--Of the 
funds appropriated or otherwise made available for any fiscal 
year for the medical component of the Biological Defense 
Research Program (BDRP) of the Department of Defense --
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    \179\Added by sec. 214(a) of the National Defense Authorization Act 
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1586).
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          (1) not more than 80 percent may be obligated and 
        expended for product development, or for research, 
        development, test, or evaluation, of medical 
        countermeasures against near-term validated biowarfare 
        threat agents; and
          (2) not more than 20 percent may be obligated or 
        expended for product development, or for research, 
        development, test, or evaluation, of medical 
        countermeasures against mid-term or far-term validated 
        biowarfare threat agents.
    (b) Definitions.--In this section:
          (1) The term ``validated biowarfare threat agent'' 
        means a biological agent that--
                  (A) is named in the biological warfare threat 
                list published by the Defense Intelligence 
                Agency; and
                  (B) is identified as a biowarfare threat by 
                the Deputy Chief of Staff of the Army for 
                Intelligence in accordance with Army 
                regulations applicable to intelligence support 
                for the medical component of the Biological 
                Defense Research Program.
          (2) The term ``near-term validated biowarfare threat 
        agent'' means a validated biowarfare threat agent that 
        has been, or is being, developed or produced for 
        weaponization within 5 years, as assessed and 
        determined by the Defense Intelligence Agency.
          (3) The term ``mid-term validated biowarfare threat 
        agent'' means a validated biowarfare threat agent that 
        is an emerging biowarfare threat, is the object of 
        research by a foreign threat country, and will be ready 
        for weaponization in more than 5 years and less than 10 
        years, as assessed and determined by the Defense 
        Intelligence Agency.
          (4) The term ``far-term validated biowarfare threat 
        agent'' means a validated biowarfare threat agent that 
        is a future biowarfare threat, is the object of 
        research by a foreign threat country, and could be 
        ready for weaponization in more than 10 years and less 
        than 20 years, as assessed and determined by the 
        Defense Intelligence Agency.
          (5) The term ``weaponization'' means incorporation 
        into usable ordnance or other militarily useful means 
        of delivery.
          * * * * * * *

           CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS

          * * * * * * *

Sec. 2390.\180\ Prohibition on the sale of certain defense articles 
                    from the stocks of the Department of Defense

    (a)(1) Except as provided in subsections (b) and (c), the 
sale outside the Department of Defense of any defense article 
designated or otherwise classified as Prepositioned Material 
Configured to Unit Sets, as decrement stock, or as 
Prepositioned War Reserve Stocks for United States Forces is 
prohibited.
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    \180\Sec. 2390 was enacted as sec. 975 by sec. 815(a) of the DOD 
Authorization Act, 1979 (Public Law 95-485; 96 Stat. 1625); and 
redesignated as sec. 2390 by sec. 1622(b) of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 
103 Stat. 1604).
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    (2) In this section, the term ``decrement stock'' means 
such stock as is needed to bring the armed forces from a peace 
time level of readiness to a combat level of readiness.
    (b) The President may authorize the sale outside the 
Department of Defense of a defense article described in 
subsection (a) if--
          (1) he determines that there is an international 
        crisis affecting the national security of the United 
        States and the sale of such article is in the best 
        interests of the United States; and
          (2) he reports to the Congress not later than 60 days 
        after the transfer of such article a plan for the 
        prompt replenishment of the stocks of such article and 
        the planned budget request to begin implementation of 
        that plan.
    (c)(1) Nothing in this section shall preclude the sale of 
stocks which have been designated for replacement, 
substitution, or elimination or which have been designated for 
sale to provide funds to procure higher priority stocks.
    (2) Nothing in this section shall preclude the transfer or 
sale of equipment to other members of the North Atlantic Treaty 
Organization.
          * * * * * * *

Sec. 2410i.\181\ Prohibition on contracting with entities that comply 
                    with the secondary Arab boycott of Israel

    (a) Policy.--Under section 3(5)(A) of the Export 
Administration Act of 1979 (50 U.S.C. App. 2402(5)(A)), it is 
the policy of the United States to oppose restrictive trade 
practices or boycotts fostered or imposed by foreign countries 
against other countries friendly to the United States or 
against any other United States person.
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    \181\Added by sec. 1332(a) of Public Law 102-484 (106 Stat. 2555).
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    (b) Prohibition.--(1) Consistent with the policy referred 
to in subsection (a), the Department of Defense may not award a 
contract for an amount in excess of the small purchase 
threshold (as defined in section 4(11) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(11))) to a foreign entity 
unless that entity certifies to the Secretary of Defense that 
it does not comply with the secondary Arab boycott of Israel.
    (2) In paragraph (1), the term ``foreign entity'' means a 
foreign person, a foreign company, or any other foreign entity.
    (c) Waiver Authority.--The Secretary of Defense may waive 
the prohibition in subsection (b) in specific instances when 
the Secretary determines that the waiver is necessary in the 
national security interests of the United States. Within 15 
days after the end of each fiscal year, the Secretary shall 
submit to Congress a report identifying each contract for which 
a waiver was granted under this subsection during that fiscal 
year.
    (d) Exceptions.--Subsection (b) does not apply--
          (1) to contracts for consumable supplies, provisions, 
        or services that are intended to be used for the 
        support of United States forces or of allied forces in 
        a foreign country; or
          (2) to contracts pertaining to the use of any 
        equipment, technology, data, or services for 
        intelligence or classified purposes by the United 
        States Government in the interests of national security 
        or to the acquisition or lease of any such equipment, 
        technology, data, or services by the United States 
        Government in the interests of national security.
          * * * * * * *

              CHAPTER 145--CATALOGING AND STANDARDIZATION

          * * * * * * *

Sec. 2457.\182\ Standardization of equipment with North Atlantic Treaty 
                    Organization members

    (a) It is the policy of the United States to standardize 
equipment, including weapons systems, ammunition, and fuel, 
procured for the use of the armed forces of the United States 
stationed in Europe under the North Atlantic Treaty or at least 
to make that equipment interoperable with equipment of other 
members of the North Atlantic Treaty Organization. To carry out 
this policy, the Secretary of Defense shall--
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    \182\Public Law 97-295 consolidated a number of provisions enacted 
in previous years concerning NATO standardization issues, made 
technical and conforming amendments, and codified the new language at 
10 U.S.C. 2457. Portions of this text originated in the following acts: 
sec. 302(c) of the DOD Authorization Act, 1975 (Public Law 93-365; 88 
Stat. 399); sec. 814 of the DOD Authorization Act, 1976 (Public Law 94-
106; 89 Stat. 531); sec. 803 of the DOD Authorization Act, 1977 (Public 
Law 94-361; 90 Stat. 923); and sec. 1121 of the DOD Authorization Act, 
1983 (Public Law 97-252; 96 Stat. 754). Public Law 97-295 repealed the 
above mentioned provisions relating to NATO standardization.
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          (1) assess the costs and possible loss of nonnuclear 
        combat effectiveness of the military forces of the 
        members of the Organization caused by the failure of 
        the members to standardize equipment;
          (2) maintain a list of actions to be taken, including 
        an evaluation of the priority and effect of the action, 
        to standardize equipment that may improve the overall 
        nonnuclear defense capability of the Organization or 
        save resources for the Organization; and
          (3) initiate and carry out, to the maximum extent 
        feasible, procurement procedures to acquire 
        standardized or interoperable equipment, considering 
        the cost, function, quality, and availability of the 
        equipment.
    (b) Progress in realizing the objectives of standardization 
and interoperability would be enhanced by expanded inter-Allied 
procurement of arms and equipment within the North Atlantic 
Treaty Organization. Expanded inter-Allied procurement would be 
made easier by greater reliance on licensing and coproduction 
cooperative agreements among the signatories of the North 
Atlantic Treaty. If constructed to preserve the efficiencies 
associated with economies of scale, the agreements could 
minimize potential economic hardship to parties to the 
agreements and increase the survivability, in time of war, of 
the North Atlantic Alliance's armaments production base by 
dispersing manufacturing facilities. In conjunction with other 
members of the Organization and to the maximum extent feasible, 
the Secretary shall--
          (1) identify areas in which those cooperative 
        agreements may be made with members of the Alliance; 
        and
          (2) negotiate those agreements.
    (c)(1) It is the sense of Congress that weapons systems 
being developed wholly or primarily for employment in the North 
Atlantic Treaty Organization theater should conform to a common 
Organization requirement in order to proceed toward joint 
doctrine and planning and to facilitate maximum feasible 
standardization and interoperability of equipment, and that a 
common Organization requirement should be understood to include 
a common definition of the military threat to the members of 
the Organization.
    (2) It is further the sense of Congress that 
standardization of weapons and equipment within the 
Organization on the basis of a ``two-way street'' concept of 
cooperation in defense procurement between Europe and North 
America can only work in a realistic sense if the European 
nations operate on a united and collective basis. Therefore, 
the governments of Europe are encouraged to accelerate their 
present efforts to achieve European armaments collaboration 
among all European members of the Organization.
    (d)\183\ Before February 1, 1989, and biennially 
thereafter, the Secretary shall submit a report to Congress 
that includes--
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    \183\Sec. 1311(5) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1670) struck out 
``Before February 1 of each year,'' and inserted in lieu thereof 
``Before February 1, 1989, and biennially thereafter,''.
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          (1) Each specific assessment and evaluation made and 
        the results of each assessment and evaluation, and the 
        results achieved with the members of the North Atlantic 
        Treaty Organization, under subsections (a)(1) and (2) 
        and (b);
          (2) procurement action initiated on each new major 
        system not complying with the policy of subsection (a);
          (3) procurement action initiated on each new major 
        system that is not standardized or interoperable with 
        equipment of other members of the Organization, 
        including a description of the system chosen and the 
        reason for choosing that system;
          (4) the identity of--
                  (A) each program of research and development 
                for the armed forces of the United States 
                stationed in Europe that supports, conforms, or 
                both, to common Organization requirements of 
                developing weapon systems for use by the 
                Organization, including a common definition of 
                the military threat to the Organization; and
                  (B) the common requirements of the 
                Organization to which those programs conform or 
                which they support;
          (5) action of the Alliance toward common Organization 
        requirements if none exist;
          (6) efforts to establish a regular procedure and 
        mechanism in the Organization to determine common 
        military requirements;
          (7) a description of each existing and planned 
        program of the Department of Defense that supports the 
        development or procurement of a weapon system or other 
        military equipment originally developed or procured by 
        members of the Organization other than the United 
        States and for which funds have been authorized to be 
        appropriated for the fiscal year in which the report is 
        submitted, including a summary listing of the amount of 
        funds--
                  (A) appropriated for those programs for the 
                fiscal year in which the report is submitted; 
                and
                  (B) requested, or proposed to be requested, 
                for those programs for each of the 2 fiscal 
                years following the fiscal year for which the 
                report is submitted; and
          (8) a description of each weapon system or other 
        military equipment originally developed or procured in 
        the United States and that is being developed or 
        procured by members of the Organization other than the 
        United States during the fiscal year for which the 
        report is submitted.
    (e) If the Secretary decides that procurement of equipment 
manufactured outside the United States is necessary to carry 
out the policy of subsection (a), the Secretary may determine 
under section 2 of the Buy American Act (41 U.S.C. 10a)\184\ 
that acquiring that equipment manufactured in the United States 
is inconsistent with the public interest.
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    \184\Sec. 1503(a)(24) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 512) struck out ``title 
III of the Act of March 3, 1933 (41 U.S.C. 10a),'' and inserted in lieu 
thereof ``the Buy American Act (41 U.S.C. 10a)''.
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    (f) The Secretary shall submit the results of each 
assessment and evaluation made under subsection (a)(1) and (2) 
to the appropriate North Atlantic Treaty Organization Body to 
become an integral part of the overall Organization review of 
force goals and development of force plans.
          * * * * * * *

 CHAPTER 148--NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE 
                   INVESTMENT, AND DEFENSE CONVERSION

          * * * * * * *

 Subchapter III--Programs for Development, application, and Support of 
                         Dual-Use Technologies

          * * * * * * *

Sec. 2517.\185\ Office for Foreign Defense Critical Technology 
                    Monitoring and Assessment

  (a) In General.--The Secretary of Defense shall establish 
within the Office of the Director of Defense Research and 
Engineering an office known as the ``Office for Foreign Defense 
Critical\185\ Technology Monitoring and Assessment'' 
(hereinafter in this section referred to as the ``Office'').
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    \185\Sec. 821(a) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1426) added 
this section as sec. 2525. Sec. 4227 of Public Law 102-484 (106 Stat. 
2685) redesignated as sec. 2517, and inserted ``Critical'' after 
``Foreign Defense'' in subsec. (a).
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  (b) Relationship to Department of Commerce.--The head of the 
Office shall consult closely with appropriate officials of the 
Department of Commerce in order--
          (1) to minimize the duplication of any effort of the 
        Department of Commerce by the Department of Defense 
        regarding the monitoring of foreign activities related 
        to defense critical technologies that have potential 
        commercial uses; and
          (2) to ensure that the Office is effectively utilized 
        to disseminate information to users of such information 
        within the Federal Government.
  (c) Responsibilities.--The Office shall have the following 
responsibilities:
          (1) To maintain within the Department of Defense a 
        central library for the compilation and appropriate 
        dissemination of unclassified and classified 
        information and assessments regarding significant 
        foreign activities in research, development, and 
        applications of defense critical technologies.
          (2) To establish and maintain--
                  (A) a widely accessible unclassified data 
                base of information and assessments regarding 
                foreign science and technology activities that 
                involve defense critical technologies, 
                including, especially, activities in Europe and 
                in Pacific Rim countries; and
                  (B) a classified data base of information and 
                assessments regarding such activities.
          (3) To perform liaison activities among the military 
        departments, Defense Agencies, and other appropriate 
        elements of the Department of Defense, with appropriate 
        agencies and offices of the Department of Commerce and 
        the Department of State, and with other departments and 
        agencies of the Federal Government in order to ensure 
        that significant activities in research, development, 
        and applications of defense critical technologies are 
        identified, monitored, and assessed by an appropriate 
        department or agency of the Federal Government.
          (4) To ensure the maximum practicable public 
        availability of information and assessments contained 
        in the unclassified data bases established pursuant to 
        paragraph (2)--
                  (A) by limiting, to the maximum practicable 
                extent, restrictive classification of such 
                information and assessments; and
                  (B) by disseminating to the National 
                Technical Information Service of the Department 
                of Commerce information and assessments 
                regarding defense critical technologies having 
                potential commercial uses.
          (5) To disseminate through the National Technical 
        Information Service of the Department of Commerce 
        unclassified information and assessments regarding 
        defense critical technologies having potential 
        commercial uses so that such information and 
        assessments may be further disseminated within the 
        Federal Government and to the private sector.

Sec. 2518.\186\ Overseas foreign critical technology monitoring and 
                    assessment financial assistance program

  (a) Establishment and Purpose of Program.--The Secretary of 
Defense may establish a foreign critical technology monitoring 
and assessment program. Under the program, the Secretary may 
enter into cooperative arrangements with one or more eligible 
not-for-profit organizations in order to provide financial 
assistance for the establishment of foreign critical technology 
monitoring and assessment offices in Europe, Pacific Rim 
countries, and such other countries as the Secretary considers 
appropriate.
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    \186\Originally added as sec. 2526 by sec. 821(a) of Public Law 
102-190 (105 Stat. 1426); redesignated as sec. 2518 by Public Law 102-
484 (106 Stat. 2685).
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  (b) Eligible Organizations.--Any not-for-profit industrial or 
professional organization that has economic and scientific 
interests in research, development, and applications of dual-
use critical technologies is eligible to enter into a 
cooperative arrangement referred to in subsection (a).
          * * * * * * *

   Subchapter V--Miscellaneous Technology Base Policies and Programs

          * * * * * * *

Sec. 2531.\187\ Defense memoranda of understanding and related 
                    agreements

    (a) Considerations in Making and Implementing MOUs and 
Related Agreements.--In the negotiation, renegotiation, and 
implementation of any existing or proposed memorandum of 
understanding, or any existing or proposed agreement related to 
a memorandum of understanding, between the Secretary of 
Defense, acting on behalf of the United States, and one or more 
foreign countries (or any instrumentality of a foreign country) 
relating to research, development, or production of defense 
equipment, or to the reciprocal procurement of defense 
items,\188\ the Secretary of Defense shall--
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    \187\Sec. 824 of the National Defense Authorization Act for Fiscal 
Year 1989 (Public Law 100-456; 102 Stat. 2019) added this section as 
sec. 2504. It was substantially amended by sec. 815 of the National 
Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 
101-189; 103 Stat. 1500).
    Sec. 4202(a) of Public Law 102-484 (106 Stat. 2659) redesignated 
this section as sec. 2531, and added a new chapter 148 to 10 U.S.C., 
relating to defense technology and industrial base, reinvestment, and 
conversion.
    \188\Sec. 1453 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1694) inserted ``or to the 
reciprocal procurement of defense items,''.
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          (1) consider the effects of such existing or proposed 
        memorandum of understanding or related agreement on the 
        defense industrial base of the United States; and
          (2) regularly solicit and consider comments and 
        recommendations from the Secretary of Commerce with 
        respect to the commercial implications of such 
        memorandum of understanding or related agreement and 
        the potential effects of such memorandum of 
        understanding or related agreement on the international 
        competitive position of United States industry.
    (b) Inter-Agency Review of Effects on United States 
Industry.--Whenever the Secretary of Commerce has reason to 
believe that an existing or proposed memorandum of 
understanding or related agreement has, or threatens to have, a 
significant adverse effect on the international competitive 
position of United States industry, the Secretary may request 
an inter-agency review of the memorandum of understanding or 
related agreement. If, as a result of the review, the Secretary 
determines that the commercial interests of the United States 
are not being served or would not be served by adhering to the 
terms of such existing memorandum or related agreement or 
agreeing to such proposed memorandum or related agreement, as 
the case may be, the Secretary shall recommend to the President 
the renegotiation of the existing memorandum or related 
agreement or any modification to the proposed memorandum of 
understanding or related agreement that he considers necessary 
to ensure an appropriate balance of interests.
    (c) Limitation on Entering into MOUs and Related 
Agreements.--A memorandum of understanding or related agreement 
referred to in subsection (a) may not be entered into or 
implemented if the President, taking into consideration the 
results of the inter-agency review, determines that such 
memorandum of understanding or related agreement has or is 
likely to have a significant adverse effect on United States 
industry that outweighs the benefits of entering into or 
implementing such memorandum or agreement.

Sec. 2532.\189\ Offset policy; notification

    (a) Establishment of Offset Policy.--The President shall 
establish, consistent with the requirements of this section, a 
comprehensive policy with respect to contractual offset 
arrangements in connection with the purchase of defense 
equipment or supplies which addresses the following:
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    \189\Sec. 825(b) of the National Defense Authorization Act, Fiscal 
Year 1989 (Public Law 100-456; 102 Stat. 2020), added this section as 
sec. 2505. Sec. 4202 of Public law 102-484 (106 Stat. 2659) 
redesignated this section as 2532, and added a new chapter 148 to 10 
U.S.C., relating to defense technology and industrial base, 
reinvestment, and conversion.
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          (1) Transfer of technology in connection with offset 
        arrangements.
          (2) Application of offset arrangements, including 
        cases in which United States funds are used to finance 
        the purchase by a foreign government.
          (3) Effects of offset arrangements on specific 
        subsectors of the industrial base of the United States 
        and for preventing or ameliorating any serious adverse 
        effects on such subsectors.
  (b) Technology Transfer.--(1) No official of the United 
States may enter into a memorandum of understanding or other 
agreement with a foreign government that would require the 
transfer of United States defense technology to a foreign 
country or a foreign firm in connection with a contract that is 
subject to an offset arrangement if the implementation of such 
memorandum or agreement would significantly and adversely 
affect the defense industrial base of the United States and 
would result in a substantial financial loss to a United States 
firm.
    (2) Paragraph (1) shall not apply in the case of a 
memorandum of understanding or agreement described in paragraph 
(1) if the Secretary of Defense, in consultation with the 
Secretary of Commerce and the Secretary of State, determines 
that a transfer of United States defense technology pursuant to 
such understanding or agreement will result in strengthening 
the national security of the United States and so certifies to 
Congress.
    (3) If a United States firm is required under the terms of 
a memorandum of understanding, or other agreement entered into 
by the United States with a foreign country, to transfer 
defense technology to a foreign country, the United States firm 
may protest the determination to the Secretary of Defense on 
the grounds that the transfer of such technology would 
adversely affect the defense industrial base of the United 
States and would result in substantial financial loss to the 
protesting firm. The Secretary of Defense, in consultation with 
the Secretary of Commerce and the Secretary of State, shall 
make the final determination of the validity of the protesting 
firm's claim.
    (c) Notification Regarding Offsets.--If at any time a 
United States firm enters into a contract for the sale of a 
weapon system or defense-related item to a foreign country or 
foreign firm and such contract is subject to an offset 
arrangement exceeding $50,000,000 in value, such firm shall 
notify the Secretary of Defense of the proposed sale. 
Notification shall be made under this subsection in accordance 
with regulations prescribed by the Secretary of Defense in 
consultation with the Secretary of Commerce.
    (d) Definitions.--In this section:
          (1) The term ``United States firm'' means a business 
        entity that performs substantially all of its 
        manufacturing, production, and research and development 
        activities in the United States.
          (2) The term ``foreign firm'' means a business entity 
        other than a United States firm.
          * * * * * * *

           SUBCHAPTER VI--DEFENSE EXPORT LOAN GUARANTEES\190\

Sec.
2540. Establishment of loan guarantee program.
2540a. Transferability.
2540b. Limitations.
2540c. Fees charged and collected.
2540d. Definitions.

Sec. 2540. Establishment of loan guarantee program

    (a) Establishment.--In order to meet the national security 
objectives in section 2501(a) of this title, the Secretary of 
Defense shall establish a program under which the Secretary may 
issue guarantees assuring a lender against losses of principal 
or interest, or both principal and interest, arising out of the 
financing of the sale or long-term lease of defense articles, 
defense services, or design and construction services to a 
country referred to in subsection (b).
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    \190\Subchapter VI, secs. 2540-2540d, were added by sec. 1321(a) of 
the National Defense Authorization Act for Fiscal Year 1996 (Public Law 
104-106; 110 Stat. 474).
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    (b) Covered Countries.--The authority under subsection (a) 
applies with respect to the following countries:
          (1) A member nation of the North Atlantic Treaty 
        Organization (NATO).
          (2) A country designated as of March 31, 1995, as a 
        major non-NATO ally pursuant to section 2350a(i)(3) of 
        this title.
          (3) A country in Central Europe that, as determined 
        by the Secretary of State--
                  (A) has changed its form of national 
                government from a nondemocratic form of 
                government to a democratic form of government 
                since October 1, 1989; or
                  (B) is in the process of changing its form of 
                national government from a nondemocratic form 
                of government to a democratic form of 
                government.
          (4) A noncommunist country that was a member nation 
        of the Asia Pacific Economic Cooperation (APEC) as of 
        October 31, 1993.
    (c) Authority Subject to Provisions of Appropriations.--The 
Secretary may guarantee a loan under this subchapter only to 
such extent or in such amounts as may be provided in advance in 
appropriations Acts.

Sec. 2540a. Transferability

    A guarantee issued under this subchapter shall be fully and 
freely transferable.

Sec. 2540b. Limitations

    (a) Terms and Conditions of Loan Guarantees.--In issuing a 
guarantee under this subchapter for a medium-term or long-term 
loan, the Secretary may not offer terms and conditions more 
beneficial than those that would be provided to the recipient 
by the Export-Import Bank of the United States under similar 
circumstances in conjunction with the provision of guarantees 
for nondefense articles and services.
    (b) Losses Arising From Fraud or Misrepresentation.--No 
payment may be made under a guarantee issued under this 
subchapter for a loss arising out of fraud or misrepresentation 
for which the party seeking payment is responsible.
    (c) No Right of Acceleration.--The Secretary of Defense may 
not accelerate any guaranteed loan or increment, and may not 
pay any amount, in respect of a guarantee issued under this 
subchapter, other than in accordance with the original payment 
terms of the loan.

Sec. 2540c. Fees charged and collected

    (a) Exposure Fees.--The Secretary of Defense shall charge a 
fee (known as ``exposure fee'') for each guarantee issued under 
this subchapter.
    (b) Amount of Exposure Fee.--To the extent that the cost of 
the loan guarantees under this subchapter is not otherwise 
provided for in appropriations Acts, the fee imposed under 
subsection (a) with respect to a loan guarantee shall be fixed 
in an amount that is sufficient to meet potential liabilities 
of the United States under the loan guarantee.
    (c) Payment Terms.--The fee under subsection (a) for each 
guarantee shall become due as the guarantee is issued. In the 
case of a guarantee for a loan which is disbursed 
incrementally, and for which the guarantee is correspondingly 
issued incrementally as portions of the loan are disbursed, the 
fee shall be paid incrementally in proportion to the amount of 
the guarantee that is issued.
    (d) Administrative Fees.--The Secretary of Defense shall 
charge a fee for each guarantee issued under this subchapter to 
reflect the additional administrative costs of the Department 
of Defense that are directly attributable to the administration 
of the program under this subchapter. Such fees shall be 
credited to a special account in the Treasury. Amounts in the 
special account shall be available, to the extent and in 
amounts provided in appropriations Acts, for paying the costs 
of administrative expenses of the Department of Defense that 
are attributable to the loan guarantee program under this 
subchapter.

Sec. 2540d. Definitions

    In this subchapter:
          (1) The terms ``defense article'', ``defense 
        services'', and ``design and construction services'' 
        have the meanings given those terms in section 47 of 
        the Arms Export Control Act (22 U.S.C. 2794).
          (2) The term ``cost'', with respect to a loan 
        guarantee, has the meaning given that term in section 
        502 of the Congressional Budget and Impoundment Control 
        Act of 1974 (2 U.S.C. 661a).
          * * * * * * *

        CHAPTER 152--ISSUE OF SUPPLIES, SERVICES, AND FACILITIES

          * * * * * * *

 Subchapter II--Issue of Serviceable Material Other Than to the Armed 
                                 Forces

          * * * * * * *

Sec. 2547.\191\ Excess nonlethal supplies: humanitarian relief

    (a) The Secretary of Defense may make available for 
humanitarian relief purposes any nonlethal excess supplies of 
the Department of Defense.
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    \191\Sec. 1454 of the Department of Defense Authorization Act, 1986 
(Public Law 99-145; 99 Stat. 761) added sec. 2547.
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    (b) Excess supplies made available for humanitarian relief 
purposes under this section shall be transferred to the 
Secretary of State, who shall be responsible for the 
distribution of such supplies.
    (c) This section does not constitute authority to conduct 
any activity which, if carried out as an intelligence activity 
by the Department of Defense, would require\192\ a notice to 
the intelligence committees under title V of the National 
Security Act of 1947 (50 U.S.C. 413 et seq.).\193\
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    \192\Sec. 602(c)(3)(A) of Public Law 102-88 (105 Stat. 444) struck 
out a requirement for a finding under section 662 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2422) for subsec. (c).
    \193\Sec. 602(c)(3)(B) of Public Law 102-88 (105 Stat. 444) 
replaced reference to section 501(a)(1) of the National Security Act of 
1947 (50 U.S.C. 413) with reference to title V of the National Security 
Act of 1947 (50 U.S.C. 413 et seq.).
---------------------------------------------------------------------------
    (d)\194\ In this section:
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    \194\Sec. 1322(a)(10) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1671) struck out 
par.(d) and redesignated (e) as (d). Former par. (d) required the 
Secretary of State to prepare an annual report on the disposition of 
all excess supplies transferred by the Secretary of Defense to the 
Secretary of State during the preceding year, to be submitted to the 
Committees on Armed Services and on Foreign Relations of the Senate and 
the Committees on Armed Services and on Foreign Affairs of the House of 
Representatives.
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          (1) ``Nonlethal excess supplies'' means property, 
        other than real property of the Department of Defense--
                  (A) that is excess property, as defined in 
                regulations of the Department of Defense; and
                  (B) that is not a weapon, ammunition, or 
                other equipment or material that is designed to 
                inflict serious bodily harm or death.
          (2) ``Intelligence committees'' means the Select 
        Committee on Intelligence of the Senate and the 
        Permanent Select Committee on Intelligence of the House 
        of Representatives.
          * * * * * * *

Sec. 2551.\195\ Humanitarian assistance

    (a) Authorized Assistance.--To the extent provided in 
defense authorization Acts, funds authorized to be appropriated 
to the Department of Defense for a fiscal year for humanitarian 
assistance shall be used for the purpose of providing 
transportation of humanitarian relief and for other 
humanitarian purposes worldwide.
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    \195\Sec. 1312 of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 474) amended this section by 
striking out subsecs. (b), (c), and (e), redesignating former subsec. 
(d) as subsec. (b), adding a new subsec. (c), redesignating former 
subsecs. (f) and (g) as subsecs. (d) and (e), respectively, and adding 
a new subsec. (f).
    Originally added by sec. 304(c) of Public Law 102-484 (106 Stat. 
2361).
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    (b) Availability of Funds.--To the extent provided in 
appropriation Acts, funds appropriated for humanitarian 
assistance for the purposes of this section shall remain 
available until expended.
    (c) Status Reports.--(1) The Secretary of Defense shall 
submit to the congressional committees specified in subsection 
(f) an annual report on the provision of humanitarian 
assistance pursuant to this section for the prior fiscal year. 
The report shall be submitted each year at the time of the 
budget submission by the President for the next fiscal year.
    (2) Each report required by paragraph (1) shall cover all 
provisions of law that authorize appropriations for 
humanitarian assistance to be available from the Department of 
Defense for the purposes of this section.
    (3) Each report under this subsection shall set forth the 
following information regarding activities during the previous 
fiscal year:
          (A) The total amount of funds obligated for 
        humanitarian relief under this section.
          (B) The number of scheduled and completed 
        transportation missions for purposes of providing 
        humanitarian assistance under this section.
          (C) A description of any transfer of excess nonlethal 
        supplies of the Department of Defense made available 
        for humanitarian relief purposes under section 2547 of 
        this title. The description shall include the date of 
        the transfer, the entity to whom the transfer is made, 
        and the quantity of items transferred.
    (d) Report Regarding Relief for Unauthorized Countries.--In 
any case in which the Secretary of Defense provides for the 
transportation of humanitarian relief to a country to which the 
transportation of humanitarian relief has not been specifically 
authorized by law, the Secretary shall notify ``the 
congressional committees specified in subsection (f) and the 
Committees on Appropriations of the Senate and House of 
Representatives of the\196\ Secretary's intention to provide 
such transportation. The notification shall be submitted not 
less than 15 days before the commencement of such 
transportation.
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    \196\Sec. 1312(4) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 474) struck out ``the 
Committees on Appropriations and on Armed Services of the Senate and 
House of Representatives, the Committee on Foreign Relations of the 
Senate, and the Committee on Foreign Affairs of the House of 
Representatives of the'' and inserted in lieu thereof ``the 
congressional committees specified in subsection (f) and the Committees 
on Appropriations of the Senate and House of Representatives of the''.
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    (e) Definition.--In this section, the term ``defense 
authorization Act'' means an Act that authorizes appropriations 
for one or more fiscal years for military activities of the 
Department of Defense, including authorizations of 
appropriations for the activities described in paragraph (7) of 
section 114(a) of this title.
    (f) Congressional Committees.--The congressional committees 
referred to in subsections (c)(1) and (d) are the following:
          (1) The Committee on Armed Services and the Committee 
        on Foreign Relations of the Senate.
          (2) The Committee on National Security and the 
        Committee on International Relations of the House of 
        Representatives.

Sec. 2552.\197\ Limitation on use of excess construction or fire 
                    equipment from Department of Defense stocks in 
                    foreign assistance or military sales programs

    (a) Limitation.--Excess construction or fire equipment from 
the stocks of the Department of Defense may be transferred to 
any foreign country or international organization pursuant to 
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 
et seq.) or section 21 of the Arms Export Control Act (22 
U.S.C. 2761) only if--
---------------------------------------------------------------------------
    \197\Added by sec. 4304(a) of Public Law 102-484 (106 Stat. 2699).
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          (1) no department or agency of the Federal Government 
        (other than the Department of Defense), no State, and 
        no other person or entity eligible to receive excess or 
        surplus property under the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 472 et 
        seq.) submits to the Defense Reutilization and 
        Marketing Service a request for such equipment during 
        the period for which the Defense Reutilization and 
        Marketing Service accepts such a request; or
          (2) the President determines that the transfer is 
        necessary in order to respond to an emergency for which 
        the equipment is especially suited.
    (b) Rule of Construction.--Nothing in subsection (a) shall 
be construed to limit the authority to transfer construction or 
fire equipment under section 2547 of this title.
    (c) Definition.--In this section, the term ``construction 
or fire equipment'' includes tractors, scrapers, loaders, 
graders, bulldozers, dump trucks, generators, pumpers, fuel and 
water tankers, crash trucks, utility vans, rescue trucks, 
ambulances, hook and ladder units, compressors, and 
miscellaneous fire fighting equipment.
          * * * * * * *

Sec. 2576a.\198\ Excess personal property: sale or donation for law 
                    enforcement activities

    (a) Transfer Authorized.--(1) Notwithstanding any other 
provision of law and subject to subsection (b), the Secretary 
of Defense may transfer to Federal and State agencies personal 
property of the Department of Defense, including small arms and 
ammunition, that the Secretary determines is--
---------------------------------------------------------------------------
    \198\Sec. 1033(a) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2640) added sec. 2576a.
---------------------------------------------------------------------------
          (A) suitable for use by the agencies in law 
        enforcement activities, including counter-drug and 
        counter-terrorism activities; and
          (B) excess to the needs of the Department of Defense.
  (2) The Secretary shall carry out this section in 
consultation with the Attorney General and the Director of 
National Drug Control Policy.
    (b) Conditions for Transfer.--The Secretary of Defense may 
transfer personal property under this section only if--
          (1) the property is drawn from existing stocks of the 
        Department of Defense;
          (2) the recipient accepts the property on an as-is, 
        where-is basis;
          (3) the transfer is made without the expenditure of 
        any funds available to the Department of Defense for 
        the procurement of defense equipment; and
          (4) all costs incurred subsequent to the transfer of 
        the property are borne or reimbursed by the recipient.
    (c) Consideration.--Subject to subsection (b)(4), the 
Secretary may transfer personal property under this section 
without charge to the recipient agency.
    (d) Preference for Certain Transfers.--In considering 
applications for the transfer of personal property under this 
section, the Secretary shall give a preference to those 
applications indicating that the transferred property will be 
used in the counter-drug or counter-terrorism activities of the 
recipient agency.
          * * * * * * *

             CHAPTER 155--ACCEPTANCE OF GIFTS AND SERVICES

          * * * * * * *

Sec. 2608.\199\ Acceptance of contributions for defense programs, 
                    projects, and activities; Defense Cooperation 
                    Account

    (a) Acceptance Authority.--The Secretary of Defense may 
accept from any person, foreign government, or international 
organization any contribution of money or real or personal 
property made by such person, foreign government, or 
international organization for use by the Department of Defense 
and may accept from any foreign government or international 
organization any contribution of services made by such foreign 
government or international organization for use by the 
Department of Defense.\200\
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    \199\Sec. 202(a) of Public Law 101-403 (104 Stat. 873) added sec. 
2608, under the heading ``Acceptance of contributions for defense 
programs, projects, and activities''. Sec. 1105(b)(2) of the National 
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 
Stat. 1750) restated the section heading.
    \200\Sec. 1063 of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104-201; 110 Stat. 2652) inserted ``and may 
accept from any foreign government or international organization any 
contribution of services made by such foreign government or 
international organization for use by the Department of Defense'' at 
the end of the sentence.
---------------------------------------------------------------------------
    (b) Establishment of Defense Cooperation Account.--(1) 
There is established in the Treasury of the United States a 
special account to be known as the ``Defense Cooperation 
Account''.
    (2) Contributions of money and proceeds from the sale of 
any property accepted by the Secretary of Defense under 
subsection (a) shall be credited to the Defense Cooperation 
Account.
    (c) Use of the Defense Cooperation Account.--(1) Funds in 
the Defense Cooperation Account may be appropriated for a 
function described in section 114 of this title only to the 
extent that the appropriation of such funds for such purpose is 
authorize in accordance with that section.
    (2) Funds in the Defense Cooperation Account shall not be 
made available for obligation or expenditure except to the 
extent and in the manner provided in subsequent appropriations 
Acts.
    (d) Use of Property.--Any contribution of property received 
under this section may be--
          (1) retained and used by the Department of Defense in 
        the form in which it was donated;
          (2) sold or otherwise disposed of upon such terms and 
        conditions and in accordance with such procedures as 
        the Secretary determines appropriate; or
          (3) converted into a form usable by the Department of 
        Defense.
    (e) Reporting Requirement.--(1) Not later than 30 days 
after the end of each quarter of each fiscal year, the 
Secretary of Defense shall submit to Congress a report on 
contributions of property accepted by the Secretary under this 
section during the preceding quarter. The Secretary shall 
include in each such report a description of all property 
having a value of more than $1,000,000.
    (2) In computing the value of any property referred to in 
paragraph (1), the Secretary shall aggregate the value of--
          (A) similar items of property accepted by the 
        Secretary during the quarter concerned; and
          (B) components which, if assembled, would comprise 
        all or a substantial part of an item of equipment or a 
        facility.
    (f) Authority to Use Property.--Property accepted under 
subsection (a) may be used by the Secretary of Defense without 
specific authorization, except that such property may not be 
used in connection with any program, project, or activity if 
the use of such property would result in the violation of any 
prohibition or limitation otherwise applicable to such program, 
project, or activity.
    (g) Investment of Money.--(1)\201\ Upon request by the 
Secretary of Defense, the Secretary of the Treasury may invest 
money in the Defense Cooperation Account in securities of the 
United States or in securities guaranteed as to principal and 
interest by the United States.
---------------------------------------------------------------------------
    \201\Sec. 1061(a)(16) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1473) 
inserted par. designation (1).
---------------------------------------------------------------------------
    (2) any interest or other income that accrues from 
investment insecurities referred to in paragraph (1) shall be 
deposited to the credit of the Defense Cooperation Account.
    (h) Notification of Conditions.--The Secretary of Defense 
shall notify Congress of any condition imposed by the donor on 
the use of any contribution accepted by the Secretary under the 
authority of this section.
    (i)\202\ Periodic Audits by GAO.--The Comptroller General 
of the United States shall make periodic audits of money and 
property accepted under this section, at such intervals as the 
Comptroller General determines to be warranted. The Comptroller 
General shall submit to Congress a report on the results of 
each such audit.
---------------------------------------------------------------------------
    \202\Sec. 1105(b)(1) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1750) amended and 
restated subsec. (i).
---------------------------------------------------------------------------
    (j) Items Included as Contributions.--In this section, the 
term ``contribution'' includes a devise of real property or a 
bequest of personal property.
    (k) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out this section.
---------------------------------------------------------------------------
    \203\Added by sec. 242(f)(1) of the National Defense Authorization 
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1605). Repealed 
by sec. 253(9) of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 235). Sec. 2609 had authorized 
the Secretary of Defense to accept from allied foreign governments or 
international organizations contributions for use by the Department of 
Defense for Theater Missile Defense programs, and had established the 
Theater Missile Defense Cooperation Account.
---------------------------------------------------------------------------

Sec. 2609.\203\ * * * [Repealed--1996]

          * * * * * * *

                            SUBTITLE B--ARMY

          * * * * * * *

               PART IV--SERVICE, SUPPLY, AND PROCUREMENT

          * * * * * * *

                        CHAPTER 433--PROCUREMENT

          * * * * * * *

Sec. 4543.\204\ Army industrial facilities: sales of manufactured 
                    articles or services outside Department of Defense

    (a) Authority To Sell Outside DOD.--Regulations under 
section 2208(h) of this title shall authorize a working-capital 
funded Army industrial facility (including a Department of the 
Army arsenal) that manufactures large caliber cannons, gun 
mounts, recoil mechanisms, ammunition, munitions, or components 
thereof to sell manufactured\205\ articles or services to a 
person outside the Department of Defense if--
---------------------------------------------------------------------------
    \204\Added by sec. 158(a)(1) of the National Defense Authorization 
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1581). Sec. 
158(c) of that Act provided:
    ``(c) Deadline for Regulations.--Regulations under subsection (b) 
of section 4543 of title 10, United States Code, as added by subsection 
(a), shall be prescribed not later than 30 days after the date of the 
enactment of this Act.''.
    Sec. 141 of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105-85; 111 Stat. 1652) provided the following:
    ``sec. 141. pilot program on sales of manufactured articles and 
services of certain army industrial facilities without regard to 
availability from domestic sources.
    ``(a) Pilot Program Required.--During fiscal years 1998 and 1999, 
the Secretary of the Army shall carry out a pilot program to test the 
efficacy and appropriateness of selling manufactured articles and 
services of Army industrial facilities under section 4543 of title 10, 
United States Code, without regard to the availability of the articles 
and services from United States commercial sources. In carrying out the 
pilot program, the Secretary may use articles manufactured at, and 
services provided by, not more than three Army industrial facilities.
    ``(b) Temporary Waiver of Requirement for Determination of 
Unavailability From Domestic Source.--Under the pilot program, the 
Secretary of the Army is not required under section 4543(a)(5) of title 
10, United States Code, to determine whether an article or service is 
available from a commercial source located in the United States in the 
case of any of the following sales for which a solicitation of offers 
is issued during fiscal year 1998 or 1999:
---------------------------------------------------------------------------

          ``(1) A sale of articles to be incorporated into a weapon 
        system being procured by the Department of Defense.
          ``(2) A sale of services to be used in the manufacture of a 
        weapon system being procured by the Department of Defense.
---------------------------------------------------------------------------
    ``(c) Review by Inspector General.--The Inspector General of the 
Department of Defense shall review the experience under the pilot 
program under this section and, not later than July 1, 1999, submit to 
Congress a report on the results of the review. The report shall 
contain the following:
---------------------------------------------------------------------------

          ``(1) The Inspector General's views regarding the extent to 
        which the waiver under subsection (b) enhances the opportunity 
        for United States manufacturers, assemblers, developers, and 
        other concerns to enter into or participate in contracts and 
        teaming arrangements with Army industrial facilities under 
        weapon system programs of the Department of Defense.
          ``(2) The Inspector General's views regarding the extent to 
        which the waiver under subsection (b) enhances the opportunity 
        for Army industrial facilities referred to in section 4543(a) 
        of title 10, United States Code, to enter into or participate 
        in contracts and teaming arrangements with United States 
        manufacturers, assemblers, developers, and other concerns under 
        weapon system programs of the Department of Defense.
          ``(3) The Inspector General's views regarding the effect of 
        the waiver under subsection (b) on the ability of small 
        businesses to compete for the sale of manufactured articles or 
        services in the United States in competitions to enter into or 
        participate in contracts and teaming arrangements under weapon 
        system programs of the Department of Defense.
          ``(4) Specific examples under the pilot program that support 
        the Inspector General's views.
          ``(5) Any other information that the Inspector General 
        considers pertinent regarding the effects of the waiver of 
        section 4543(a)(5) of title 10, United States Code, under the 
        pilot program on opportunities for United States manufacturers, 
        assemblers, developers, or other concerns, and for Army 
        industrial facilities, to enter into or participate in 
        contracts and teaming arrangements under weapon system programs 
        of the Department of Defense.
          ``(6) Any recommendations that the Inspector General 
        considers appropriate regarding continuation or modification of 
        the policy set forth in section 4543(a)(5) of title 10, United 
        States Code.''.
---------------------------------------------------------------------------
    \205\Sec. 141(1) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2688) struck out 
``nondefense-related commercial'' after ``manufactured''.
---------------------------------------------------------------------------
          (1) in the case of an article, the article is sold to 
        a United States manufacturer, assembler, developer, or 
        other concern--
                  (A) for use in developing new products;
                  (B) for incorporation into items to be sold 
                to, or to be used in a contract with, an agency 
                of the United States;
                  (C) for incorporation into items to be sold 
                to, or to be used in a contract with, or to be 
                used for purposes of soliciting a contract 
                with, a friendly foreign government; or
                  (D) for use in commercial products;
          (2) in the case of an article, the purchaser is 
        determined by the Department of Defense to be qualified 
        to carry out the proposed work involving the article to 
        be purchased;
          (3) the sale is to be made on a basis that does not 
        interfere with performance of work by the facility for 
        the Department of Defense or for a contractor of the 
        Department of Defense;\206\
---------------------------------------------------------------------------
    \206\Sec. 141 of the National Defense Authorization Act for Fiscal 
Year 1995 (Public Law 103-337; 108 Stat. 2688) struck out ``and'' at 
the end or para. (3); struck out a period at the end of para. (4), and 
inserted in lieu thereof a semicolon; and added new paras. (5) through 
(9).
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          (4) in the case of services, the services are related 
        to an article authorized to be sold under this section 
        and are to be performed in the United States for the 
        purchaser;\206\
          (5)\206\ the Secretary of the Army determines that 
        the articles or services are not available from a 
        commercial source located in the United States;
          (6)\206\ the purchaser of an article or service 
        agrees to hold harmless and indemnify the United 
        States, except in a case of willful misconduct or gross 
        negligence, from any claim for damages or injury to any 
        person or property arising out of the article or 
        service;
          (7)\206\ the article to be sold can be manufactured, 
        or the service to be sold can be substantially 
        performed, by the industrial facility with only 
        incidental subcontracting;
          (8)\206\ it is in the public interest to manufacture 
        such article or perform such service; and
          (9)\206\ the sale will not interfere with performance 
        of the military mission of the industrial facility.
    (b) Additional Requirements.--The regulations shall also--
          (1) require that the authority to sell articles or 
        services under the regulations be exercised at the 
        level of the commander of the major subordinate command 
        of the Army with responsibility over the facility 
        concerned;
          (2) authorize a purchaser of articles or services to 
        use advance incremental funding to pay for the articles 
        or services; and
          (3) in the case of a sale of commercial articles or 
        commercial services in accordance with subsection (a) 
        by a facility that manufactures large caliber cannons, 
        gun mounts, or recoil mechanisms, or components 
        thereof, authorize such facility--
                  (A) to charge the buyer, at a minimum, the 
                variable costs that are associated with the 
                commercial articles or commercial services 
                sold;
                  (B) to enter into a firm, fixed-price 
                contract or, if agreed by the buyer, a cost 
                reimbursement contract for the sale; and
                  (C) to develop and maintain (from sources 
                other than appropriated funds) working capital 
                to be available for paying design costs, 
                planning costs, procurement costs, and other 
                costs associated with the commercial articles 
                or commercial services sold.
    (c) Relationship to Arms Export Control Act.--Nothing in 
this section shall be construed to affect the application of 
the export controls provided for in section 38 of the Arms 
Export Control Act (22 U.S.C. 2778) to items which incorporate 
or are produced through the use of an article sold under this 
section.
    (d) Definitions.--In this section:
          (1) The term ``commercial article'' means an article 
        that is usable for a nondefense purpose.
          (2) The term ``commercial service'' means a service 
        that is usable for a nondefense purpose.
          (3) The term ``advance incremental funding'', with 
        respect to a sale of articles or services, means a 
        series of partial payments for the articles or services 
        that includes--
                  (A) one or more partial payments before the 
                commencement of work or the incurring of costs 
                in connection with the production of the 
                articles or the performance of the services, as 
                the case may be; and
                  (B) subsequent progress payments that result 
                in full payment being completed as the required 
                work is being completed.
          (4) The term ``variable costs'', with respect to 
        sales of articles or services, means the costs that are 
        expected to fluctuate directly with the volume of sales 
        and--
                  (A) in the case of articles, the volume of 
                production necessary to satisfy the sales 
                orders; or
                  (B) in the case of services, the extent of 
                the services sold.
          * * * * * * *

                   SUBTITLE C--NAVY AND MARINE CORPS

          * * * * * * *

                    PART IV--GENERAL ADMINISTRATION

          * * * * * * *

                       CHAPTER 633--NAVAL VESSELS

          * * * * * * *

Sec. 7307.\207\ Disposals to foreign nations

    (a) Larger or Newer Vessels.--A naval vessel that is in 
excess of 3,000 tons or that is less than 20 years of age may 
not be disposed of to another nation (whether by sale, lease, 
grant, loan, barter, transfer, or otherwise) unless the 
disposition of that vessel is approved by law enacted after 
August 5, 1974. A lease or loan of such a vessel under such a 
law may be made only in accordance with the provisions of 
chapter 6 of the Arms Export Control Act (22 U.S.C. 2796 et 
seq.) or chapter 2 of part II of the Foreign Assistance Act of 
1961 (22 U.S.C. 2311 et seq.).
---------------------------------------------------------------------------
    \207\Secs. 7307 and 7308 were amended and restated by sec. 824 of 
the National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1708).
---------------------------------------------------------------------------
    (b) Other Vessels.--(1) A naval vessel not subject to 
subsection (a) may be disposed of to another nation (whether by 
sale, lease, grant, loan, barter, transfer, or otherwise) in 
accordance with applicable provisions of law, but only after--
          (A) the Secretary of the Navy notifies the Committee 
        on Armed Services of the Senate and the Committee on 
        National Security of the House of Representatives\208\ 
        in writing of the proposed disposition; and
---------------------------------------------------------------------------
    \208\Sec. 1502(a)(1) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 502) struck out 
``Committees on Armed Services of the Senate and House of 
Representatives'' and inserted in lieu thereof ``Committee on Armed 
Services of the Senate and the Committee on National Security of the 
House of Representatives''.
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          (B) 30 days of continuous session of Congress have 
        expired following the date on which such notice is sent 
        to those committees.
    (2) For purposes of paragraph (1)(B), 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 3 days to a day 
certain are excluded in the computation of such 30-day period.

Sec. 7308.\207\ Chief of Naval Operations: certification required for 
                    disposal of combatant vessels

    Notwithstanding any other provision of law, no combatant 
vessel of the Navy may be sold, transferred, or otherwise 
disposed of unless the Chief of Naval Operations certifies that 
it is not essential to the defense of the United States.
          * * * * * * *

                         SUBTITLE D--AIR FORCE

          * * * * * * *

                           PART III--TRAINING

          * * * * * * *

                     CHAPTER 907--SCHOOLS AND CAMPS

          * * * * * * *

Sec. 9415.\209\ Inter-American Air Forces Academy

  (a) Operation.--The Secretary of the Air Force may operate 
the Air Force education and training facility known as the 
Inter-American Air Forces Academy for the purpose of providing 
military education and training to military personnel of 
Central and South American countries, Caribbean countries, and 
other countries eligible for assistance under chapter 5 of part 
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et 
seq.).
---------------------------------------------------------------------------
    \209\Sec. 330(a) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1535) added sec. 9415.
---------------------------------------------------------------------------
  (b) Costs.--The fixed costs of operating and maintaining the 
Inter-American Air Forces Academy may be paid from funds 
available for operation and maintenance of the Air Force.\210\
---------------------------------------------------------------------------
    \210\Sec. 8113 of the Department of Defense Appropriations Act, 
1991 (Public Law 101-511; 104 Stat. 1904) provided the following:
    ``Sec. 8113. Funds made available under this Act to the Air Force 
for `Operation and Maintenance' may be used to operate the United 
States Air Force education and training facility known as the Inter-
American Air Forces Academy for the purpose of providing military 
education and training only to military personnel who are nationals of 
Central, South American and Caribbean countries: Provided, That only 
the fixed costs of operating and maintaining the Inter-American Air 
Forces Academy may be paid from funds available for operation and 
maintenance of the Air Force without reimbursement pursuant to section 
37 of the Arms Export Control Act or section 632 of the Foreign 
Assistance Act or any other provision of law: Provided further, That no 
individual may be admitted to the Inter-American Air Forces Academy who 
has been convicted of a human rights violation, or is known to United 
States authorities to have committed, been an accessory to, or in an 
official capacity had knowledge of but failed to take remedial action 
concerning a human rights violation: Provided further, That the Air 
Force must provide concentrated instruction in democratic government 
and human rights protections to each attendee of IAAFA: Provided 
further, That the Air Force will provide the Committees on 
Appropriations of the House and Senate, no later than March 1, 1991, 
with a report on the operation of IAAFA and its curriculum, as well as 
a statistical and biographical profile of its students.''.
---------------------------------------------------------------------------
          * * * * * * *
       b. National Defense Authorization Act for Fiscal Year 1998

Partial text of Public Law 105-85 [H.R. 1119], 111 Stat. 1629, approved 
                           November 18, 1997

 AN ACT To authorize appropriations for fiscal year 1998 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 1998''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
          (1) the Committee on Armed Services and the Committee 
        on Appropriations of the Senate; and
          (2) the Committee on National Security and the 
        Committee on Appropriations of the House of 
        Representatives.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

              Subtitle A--Authorization of Appropriations

          * * * * * * *

SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

    There is hereby authorized to be appropriated for fiscal 
year 1998 the amount of $600,700,000 for--
          (1) the destruction of lethal chemical agents and 
        munitions in accordance with section 1412 of the 
        Department of Defense Authorization Act, 1986 (50 
        U.S.C. 1521); and
          (2) the destruction of chemical warfare materiel of 
        the United States that is not covered by section 1412 
        of such Act.
          * * * * * * *

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

          * * * * * * *

             Subtitle C--Ballistic Missile Defense Programs

SEC. 231.\1\ NATIONAL MISSILE DEFENSE PROGRAM.

    (a) Program Structure.--To preserve the option of achieving 
an initial operational capability in fiscal year 2003, the 
Secretary of Defense shall ensure that the National Missile 
Defense Program is structured and programmed for funding so as 
to support a test, in fiscal year 1999, of an integrated 
national missile defense system that is representative of the 
national missile defense system architecture that could achieve 
initial operational capability in fiscal year 2003.
---------------------------------------------------------------------------
    \1\10 U.S.C. 2431 note.
---------------------------------------------------------------------------
    (b) Elements of NMD System.--The national missile defense 
system architecture specified in subsection (a) shall consist 
of the following elements:
          (1) An interceptor system that optimizes defensive 
        coverage of the continental United States, Alaska, and 
        Hawaii against limited ballistic missile attack 
        (whether accidental, unauthorized, or deliberate).
          (2) Ground-based radars.
          (3) Space-based sensors.
          (4) Battle management, command, control, and 
        communications (BM/C3).
    (c) Plan for NMD System Development and Deployment.--Not 
later than February 15, 1998, the Secretary of Defense shall 
submit to the congressional defense committees a plan for the 
development and deployment of a national missile defense system 
that could achieve initial operational capability in fiscal 
year 2003. The plan shall include the following matters:
          (1) A detailed description of the system architecture 
        selected for development.
          (2) A discussion of the justification for the 
        selection of that particular architecture.
          (3) The Secretary's estimate of the amounts of the 
        appropriations that would be necessary for research, 
        development, test, evaluation, and for procurement for 
        each of fiscal years 1999 through 2003 in order to 
        achieve an initial operational capability of the system 
        architecture in fiscal year 2003.
          (4) For each activity necessary for the development 
        and deployment of the national missile defense system 
        architecture selected by the Secretary that would at 
        some point conflict with the terms of the ABM Treaty, 
        if any--
                  (A) a description of the activity;
                  (B) a description of the point at which the 
                activity would conflict with the terms of the 
                ABM Treaty;
                  (C) the legal analysis justifying the 
                Secretary's determination regarding the point 
                at which the activity would conflict with the 
                terms of the ABM Treaty; and
                  (D) an estimate of the time at which such 
                point would be reached in order to achieve a 
                test of an integrated missile defense system in 
                fiscal year 1999 and initial operational 
                capability of such a system in fiscal year 
                2003.
    (d) Funding for Fiscal Year 1998.--Of the funds authorized 
to be appropriated under section 201(4), $978,091,000 shall be 
available for the National Missile Defense Program.
    (e) ABM Treaty Defined.--In this section, the term ``ABM 
Treaty'' means the Treaty Between the United States of America 
and the Union of Soviet Socialist Republics on the Limitation 
of Anti-Ballistic Missile Systems, signed at Moscow on May 26, 
1972, and includes the Protocol to that treaty, signed at 
Moscow on July 3, 1974.
          * * * * * * *

SEC. 233.\2\ COOPERATIVE BALLISTIC MISSILE DEFENSE PROGRAM.

    (a) Requirement for New Program Element.--The Secretary of 
Defense shall establish a program element for the Ballistic 
Missile Defense Organization, to be referred to as the 
``Cooperative Ballistic Missile Defense Program'', to support 
technical and analytical cooperative efforts between the United 
States and other nations that contribute to United States 
ballistic missile defense capabilities. Except as provided in 
subsection (b), all international cooperative ballistic missile 
defense programs of the Department of Defense shall be budgeted 
and administered through that program element.
---------------------------------------------------------------------------
    \2\10 U.S.C. 221 note.
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    (b) Authority for Exceptions.--The Secretary of Defense may 
exclude from the program element established pursuant to 
subsection (a) any international cooperative ballistic missile 
defense program of the Department of Defense that after the 
date of the enactment of this Act is designated by the 
Secretary of Defense (pursuant to applicable Department of 
Defense acquisition regulations and policy) to be managed as a 
separate acquisition program.
    (c) Relationship to Other Program Elements.--The program 
element established pursuant to subsection (a) is in addition 
to the program elements for activities of the Ballistic Missile 
Defense Organization required under section 251 of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 110 Stat. 233; 10 U.S.C. 221 note).

SEC. 234.\3\ ANNUAL REPORT ON THREAT POSED TO THE UNITED STATES BY 
                    WEAPONS OF MASS DESTRUCTION, BALLISTIC MISSILES, 
                    AND CRUISE MISSILES.

    (a) Annual Report.--The Secretary of Defense shall submit 
to Congress by January 30 of each year a report on the threats 
posed to the United States and allies of the United States--
---------------------------------------------------------------------------
    \3\50 U.S.C. 2367.
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          (1) by weapons of mass destruction, ballistic 
        missiles, and cruise missiles; and
          (2) by the proliferation of weapons of mass 
        destruction, ballistic missiles, and cruise missiles.
    (b) Consultation.--Each report submitted under subsection 
(a) shall be prepared in consultation with the Director of 
Central Intelligence.
    (c) Matters To Be Included.--Each report submitted under 
subsection (a) shall include the following:
          (1) Identification of each foreign country and non-
        State organization that possesses weapons of mass 
        destruction, ballistic missiles, or cruise missiles, 
        and a description of such weapons and missiles with 
        respect to each such foreign country and non-State 
        organization.
          (2) A description of the means by which any foreign 
        country and non-State organization that has achieved 
        capability with respect to weapons of mass destruction, 
        ballistic missiles, or cruise missiles has achieved 
        that capability, including a description of the 
        international network of foreign countries and private 
        entities that provide assistance to foreign countries 
        and non-State organizations in achieving that 
        capability.
          (3) An examination of the doctrines that guide the 
        use of weapons of mass destruction in each foreign 
        country that possesses such weapons.
          (4) An examination of the existence and 
        implementation of the control mechanisms that exist 
        with respect to nuclear weapons in each foreign country 
        that possesses such weapons.
          (5) Identification of each foreign country and non-
        State organization that seeks to acquire or develop 
        (indigenously or with foreign assistance) weapons of 
        mass destruction, ballistic missiles, or cruise 
        missiles, and a description of such weapons and 
        missiles with respect to each such foreign country and 
        non-State organization.
          (6) An assessment of various possible timelines for 
        the achievement by foreign countries and non-State 
        organizations of capability with respect to weapons of 
        mass destruction, ballistic missiles, and cruise 
        missiles, taking into account the probability of 
        whether the Russian Federation and the People's 
        Republic of China will comply with the Missile 
        Technology Control Regime, the potential availability 
        of assistance from foreign technical specialists, and 
        the potential for independent sales by foreign private 
        entities without authorization from their national 
        governments.
          (7) For each foreign country or non-State 
        organization that has not achieved the capability to 
        target the United States or its territories with 
        weapons of mass destruction, ballistic missiles, or 
        cruise missiles as of the date of the enactment of this 
        Act, an estimate of how far in advance the United 
        States is likely to be warned before such foreign 
        country or non-State organization achieves that 
        capability.
          (8) For each foreign country or non-State 
        organization that has not achieved the capability to 
        target members of the United States Armed Forces 
        deployed abroad with weapons of mass destruction, 
        ballistic missiles, or cruise missiles as of the date 
        of the enactment of this Act, an estimate of how far in 
        advance the United States is likely to be warned before 
        such foreign country or non-State organization achieves 
        that capability.
    (d) Classification.--Each report under subsection (a) shall 
be submitted in classified and unclassified form.
          * * * * * * *

                       Subtitle D--Other Matters

          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 1998 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows:
    * * *
          (19) For Overseas Humanitarian, Disaster, and Civic 
        Aid programs, $47,130,000.
          (20) For Drug Interdiction and Counter-drug 
        Activities, Defense-wide, $666,882,000.
    * * *
          (23) For Cooperative Threat Reduction programs, 
        $382,200,000.
          (24) For Overseas Contingency Operations Transfer 
        Fund, $1,253,900,000.
          * * * * * * *

                  Subtitle C--Environmental Provisions

          * * * * * * *

SEC. 345. ANNUAL REPORT ON ENVIRONMENTAL ACTIVITIES OF THE DEPARTMENT 
                    OF DEFENSE OVERSEAS.

    Section 2706 of title 10, United States Code, is amended--
          (1) by redesignating subsection (d) as subsection 
        (e); and
          (2) by inserting after subsection (c) the following 
        new subsection (d):
    ``(d) Report on Environmental Activities Overseas.--(1) The 
Secretary of Defense shall submit to Congress each year, not 
later than 30 days after the date on which the President 
submits to Congress the budget for a fiscal year, a report on 
the environmental activities of the Department of Defense 
overseas.
    ``(2) Each such report shall include a statement of the 
funding levels during such fiscal year for each of the 
following categories:
          ``(A) Compliance by the Department of Defense with 
        requirements under a treaty, law, contract, or other 
        agreement for environmental restoration or compliance 
        activities.
          ``(B) Performance by the Department of Defense of 
        other environmental restoration and compliance 
        activities overseas.
          ``(C) Performance by the Department of Defense of any 
        other overseas activities related to the environment, 
        including conferences, meetings, and studies for pilot 
        programs, and travel related to such activities.''.

SEC. 346. REVIEW OF EXISTING ENVIRONMENTAL CONSEQUENCES OF THE PRESENCE 
                    OF THE ARMED FORCES IN BERMUDA.

    Not later than 120 days after the date of enactment of this 
Act, the Secretary of Defense shall submit to the congressional 
defense committees a report on any remaining environmental 
effects of the presence of the Armed Forces of the United 
States in Bermuda.

SEC. 347. SENSE OF CONGRESS ON DEPLOYMENT OF UNITED STATES ARMED FORCES 
                    ABROAD FOR ENVIRONMENTAL PRESERVATION ACTIVITIES.

    (a) Sense of Congress.--It is the sense of Congress that 
members of the Army, Navy, Air Force, and Marine Corps should 
not be deployed outside the United States to provide assistance 
to another nation in connection with environmental preservation 
activities in that nation, unless the Secretary of Defense 
determines that such activities are necessary for national 
security purposes.
    (b) Scope of Section.--For purposes of this section, 
environmental preservation activities do not include any of the 
following:
          (1) Activities undertaken for humanitarian purposes, 
        disaster relief activities, peacekeeping activities, or 
        operational training activities.
          (2) Environmental compliance and restoration 
        activities associated with military installations and 
        deployments outside the United States.
          * * * * * * *

                       Subtitle F--Other Matters

          * * * * * * *

SEC. 382. CENTER FOR EXCELLENCE IN DISASTER MANAGEMENT AND HUMANITARIAN 
                    ASSISTANCE.

    (a) Establishment and Operation of Center.--(1) Chapter 7 
of title 10, United States Code, is amended by adding at the 
end the following new section: * * *\4\
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    \4\See 10 U.S.C. 182, page 376.
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    (b) Funding for Fiscal Year 1998.--Of the funds authorized 
to be appropriated pursuant to section 301(5) for operation and 
maintenance for Defense-wide activities, $5,000,000 shall be 
available for the operation of the Center for Excellence in 
Disaster Management and Humanitarian Assistance established 
under section 182 of title 10, United States Code, as added by 
subsection (a).
          * * * * * * *

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

          * * * * * * *

SEC. 402. PERMANENT END STRENGTH LEVELS TO SUPPORT TWO MAJOR REGIONAL 
                    CONTINGENCIES. * * *\5\
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    \5\See 10 U.S.C. 691, page 389.
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          * * * * * * *

                      TITLE X--GENERAL PROVISIONS

          * * * * * * *

                     Subtitle A--Financial Matters

          * * * * * * *

SEC. 1004. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL APPROPRIATIONS 
                    FOR FISCAL YEAR 1997.

    Amounts authorized to be appropriated to the Department of 
Defense for fiscal year 1997 in the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201) are 
hereby adjusted, with respect to any such authorized amount, by 
the amount by which appropriations pursuant to such 
authorization were increased (by a supplemental appropriation) 
or decreased (by a rescission), or both, in the 1997 Emergency 
Supplemental Appropriations Act for Recovery from Natural 
Disasters, and for Overseas Peacekeeping Efforts, Including 
Those in Bosnia (Public Law 105-18).
          * * * * * * *

SEC. 1025. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.

    (a) Authority.--The Secretary of the Navy is authorized to 
transfer vessels to foreign countries on a sales basis under 
section 21 of the Arms Export Control Act (22 U.S.C. 2761) as 
follows:
          (1) To the Government of Brazil, the HUNLEY class 
        submarine tender HOLLAND (AS 32).
          (2) To the Government of Chile, the KAISER class 
        oiler ISHERWOOD (T-AO 191).
          (3) To the Government of Egypt:
                  (A) The following frigates of the KNOX class:
                          (i) The PAUL (FF 1080).
                          (ii) The MILLER (FF 1091).
                          (iii) The JESSE L. BROWN (FFT 1089).
                          (iv) The MOINESTER (FFT 1097).
                  (B) The following frigates of the OLIVER 
                HAZARD PERRY class:
                          (i) The FAHRION (FFG 22).
                          (ii) The LEWIS B. PULLER (FFG 23).
          (4) To the Government of Israel, the NEWPORT class 
        tank landing ship PEORIA (LST 1183).
          (5) To the Government of Malaysia, the NEWPORT class 
        tank landing ship BARBOUR COUNTY (LST 1195).
          (6) To the Government of Mexico, the KNOX class 
        frigate ROARK (FF 1053).
          (7) To the Taipei Economic and Cultural 
        Representative Office in the United States (the Taiwan 
        instrumentality that is designated pursuant to section 
        10(a) of the Taiwan Relations Act), the following 
        frigates of the KNOX class:
                  (A) The WHIPPLE (FF 1062).
                  (B) The DOWNES (FF 1070).
          (8) To the Government of Thailand, the NEWPORT class 
        tank landing ship SCHENECTADY (LST 1185).
    (b) Costs of Transfers.--Any expense incurred by the United 
States in connection with a transfer authorized by subsection 
(a) shall be charged to the recipient.
    (c) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the Secretary of the Navy 
shall require, as a condition of the transfer of a vessel under 
this section, that the country to which the vessel is 
transferred have such repair or refurbishment of the vessel as 
is needed, before the vessel joins the naval forces of that 
country, performed at a shipyard located in the United States, 
including a United States Navy shipyard.
    (d) Expiration of Authority.--The authority to transfer a 
vessel under subsection (a) shall expire at the end of the two-
year period beginning on the date of the enactment of this Act.

SEC. 1026. REPORTS RELATING TO EXPORT OF VESSELS THAT MAY CONTAIN 
                    POLYCHLORINATED BIPHENYLS.

    (a) Reports Required.--Not later than March 1, 1998, the 
Secretary of the Navy (with respect to the Navy), the 
Administrator of the Maritime Administration (with respect to 
the Maritime Administration), and the Administrator of the 
Environmental Protection Agency (with respect to the 
Environmental Protection Agency) shall each submit to Congress 
a report on the implementation of the agreement between the 
Department of the Navy and the Environmental Protection Agency 
that became effective August 6, 1997, and that is titled 
``Export of Naval Vessels that May Contain Polychlorinated 
Biphenyls for Scrapping Outside the United States''.
    (b) Contents of Reports.--The reports required by 
subsection (a) shall address, at a minimum, the following:
          (1) An assessment of the effects of the notification 
        requirements regarding the export of vessels for 
        scrapping, any impediments that those requirements may 
        create for the export of vessels, and any changes to 
        the agreement that may be required to address those 
        impediments.
          (2) An explanation of the process by which it is 
        determined which solid items containing polychlorinated 
        biphenyls are readily removable and must be removed 
        before the export of a vessel for scrapping, what types 
        of polychlorinated biphenyls have been determined to be 
        readily removable pursuant to this process, any 
        impediments that such determinations may create for the 
        export of vessels, and any changes to the agreement 
        that may be required to address those impediments or to 
        ensure protection of human health and the environment.
    (c) Amendments Relating to Disposal of Obsolete Vessels 
From the National Defense Reserve Fleet.--Section 6 of the 
National Maritime Heritage Act of 1994 (Public Law 103-451; 108 
Stat. 4776; 16 U.S.C. 5405) is amended--* * *
          * * * * * * *

                  Subtitle C--Counter-Drug Activities

SEC. 1031. USE OF NATIONAL GUARD FOR STATE DRUG INTERDICTION AND 
                    COUNTER-DRUG ACTIVITIES. * * *\6\

SEC. 1032. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG 
                    ACTIVITIES OF MEXICO.

    (a) Extension of Authority; Consultation of Secretary of 
State.--Subsection (a) of section 1031 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 
Stat. 2637), is amended--\7\
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    \6\Sec. 1031 amended 32 U.S.C. 112.
    \7\For sec. 1031 of Public Law 104-201, see page 503.
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          (1) by striking out ``fiscal year 1997'' and 
        inserting in lieu thereof ``fiscal years 1997 and 
        1998''; and
          (2) by inserting after the first sentence the 
        following new sentence: ``In providing support to the 
        Government of Mexico under this section, the Secretary 
        of Defense shall consult with the Secretary of 
        State.''.
    (b) Extension of Availability of Funds.--Subsection (d) of 
such section is amended--
          (1) by striking out ``not more than'' and inserting 
        in lieu thereof ``an amount not to exceed''; and
          (2) by adding at the end the following new sentences: 
        ``Funds made available for fiscal year 1997 under this 
        subsection and unobligated by September 30, 1997, may 
        be obligated during fiscal year 1998. No funds are 
        authorized to be appropriated for fiscal year 1998 for 
        the provision of support under this section.''.

SEC. 1033. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG 
                    ACTIVITIES OF PERU AND COLOMBIA.

    (a) Authority To Provide Support.--Subject to subsection 
(f), during fiscal years 1998 through 2002, the Secretary of 
Defense may provide either or both of the foreign governments 
named in subsection (b) with the support described in 
subsection (c) for the counter-drug activities of that 
government. In providing support to a government under this 
section, the Secretary of Defense shall consult with the 
Secretary of State. The support provided under the authority of 
this section shall be in addition to support provided to the 
governments under any other provision of law.
    (b) Governments Eligible To Receive Support.--The foreign 
governments eligible to receive counter-drug support under this 
section are as follows:
          (1) The Government of Peru.
          (2) The Government of Colombia.
    (c) Types of Support.--The authority under subsection (a) 
is limited to the provision of the following types of support 
to a government named in subsection (b):
          (1) The types of support specified in paragraphs (1), 
        (2), and (3) of section 1031(b) of the National Defense 
        Authorization Act for Fiscal Year 1997 (Public Law 104-
        201; 110 Stat. 2637).
          (2) The transfer of riverine patrol boats.
          (3) The maintenance and repair of equipment of the 
        government that is used for counter-drug activities.
    (d) Applicability of Other Support Authorities.--Except as 
otherwise provided in this section, the provisions of section 
1004 of the National Defense Authorization Act for Fiscal Year 
1991 (Public Law 101-510; 10 U.S.C. 374 note) shall apply to 
the provision of support under this section.
    (e) Fiscal Year 1998 Funding; Limitation on Obligations.--
(1) Of the amount authorized to be appropriated under section 
301(20) for drug interdiction and counter-drug activities, an 
amount not to exceed $9,000,000 shall be available for the 
provision of support under this section.
    (2) Amounts made available to carry out this section shall 
remain available until expended, except that the total amount 
obligated and expended under this section may not exceed 
$20,000,000 during any of the fiscal years 1999 through 2002.
    (f) Condition on Provision of Support.--(1) The Secretary 
of Defense may not obligate or expend funds during a fiscal 
year to provide support under this section to a government 
named in subsection (b) until the end of the 15-day period 
beginning on the date on which the Secretary submits to the 
congressional committees the written certification described in 
subsection (g) for that fiscal year.
    (2) In the case of the first fiscal year in which support 
is to be provided under this section to a government named in 
subsection (b), the obligation or expenditure of funds under 
this section to provide support to that government shall also 
be subject to the condition that--
          (A) the Secretary submit to the congressional 
        committees the riverine counter-drug plan described in 
        subsection (h); and
          (B) a period of 60 days expires after the date on 
        which the report is submitted.
    (3) In the case of subsequent fiscal years in which support 
is to be provided under this section to a government named in 
subsection (b), the obligation or expenditure of funds under 
this section to provide support to that government shall also 
be subject to the condition that the Secretary submit to the 
congressional committees any revision of the counter-drug plan 
described in subsection (h) applicable to that government.
    (4) For purposes of this subsection, the term 
``congressional committees'' means the following:
          (A) The Committee on Armed Services and the Committee 
        on Foreign Relations of the Senate.
          (B) The Committee on National Security and the 
        Committee on International Relations of the House of 
        Representatives.
    (g) Required Certification.--The written certification 
required by subsection (f)(1) for a fiscal year is a 
certification of the following with respect to each government 
to receive support under this section:
          (1) That the provision of the support to the 
        government will not adversely affect the military 
        preparedness of the United States Armed Forces.
          (2) That the equipment and materiel provided as 
        support will be used only by officials and employees of 
        the government who have undergone background 
        investigations by that government and have been 
        approved by that government to perform counter-drug 
        activities on the basis of the background 
        investigations.
          (3) That the government has certified to the 
        Secretary of Defense that--
                  (A) the equipment and materiel provided as 
                support will be used only by the officials and 
                employees referred to in paragraph (2);
                  (B) none of the equipment or materiel will be 
                transferred (by sale, gift, or otherwise) to 
                any person or entity not authorized by the 
                United States to receive the equipment or 
                materiel; and
                  (C) the equipment and materiel will be used 
                only for the purposes intended by the United 
                States Government.
          (4) That the government has implemented, to the 
        satisfaction of the Secretary of Defense, a system that 
        will provide an accounting and inventory of the 
        equipment and materiel provided as support.
          (5) That the departments, agencies, and 
        instrumentalities of the government will grant United 
        States Government personnel access to any of the 
        equipment or materiel provided as support, or to any of 
        the records relating to such equipment or materiel, 
        under terms and conditions similar to the terms and 
        conditions imposed with respect to such access under 
        section 505(a)(3) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2314(a)(3)).
          (6) That the government will provide security with 
        respect to the equipment and materiel provided as 
        support that is substantially the same degree of 
        security that the United States Government would 
        provide with respect to such equipment and materiel.
          (7) That the government will permit continuous 
        observation and review by United States Government 
        personnel of the use of the equipment and materiel 
        provided as support under terms and conditions similar 
        to the terms and conditions imposed with respect to 
        such observation and review under section 505(a)(3) of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 
        2314(a)(3)).
    (h) Riverine Counter-Drug Plan.--The Secretary of Defense, 
in consultation with the Secretary of State, shall prepare for 
fiscal year 1998 (and revise as necessary for subsequent fiscal 
years) a riverine counter-drug plan involving the governments 
named in subsection (b) to which support will be provided under 
this section. The plan for a fiscal year shall include the 
following with respect to each government to receive support 
under this section:
          (1) A detailed security assessment, including a 
        discussion of the threat posed by illicit drug 
        traffickers in the foreign country.
          (2) An evaluation of previous and ongoing riverine 
        counter-drug operations by the government.
          (3) An assessment of the monitoring of past and 
        current assistance provided by the United States under 
        this section to the government to ensure the 
        appropriate use of such assistance.
          (4) A description of the centralized management and 
        coordination among Federal agencies involved in the 
        development and implementation of the plan.
          (5) A description of the roles and missions and 
        coordination among agencies of the government involved 
        in the development and implementation of the plan.
          (6) A description of the resources to be contributed 
        by the Department of Defense and the Department of 
        State for the fiscal year or years covered by the plan 
        and the manner in which such resources will be utilized 
        under the plan.
          (7) For the first fiscal year in which support is to 
        be provided under this section, a schedule for 
        establishing a riverine counter-drug program that can 
        be sustained by the government within five years, and 
        for subsequent fiscal years, a description of the 
        progress made in establishing and carrying out the 
        program.
          (8) A reporting system to measure the effectiveness 
        of the riverine counter-drug program.
          (9) A detailed discussion of how the riverine 
        counter-drug program supports the national drug control 
        strategy of the United States.

SEC. 1034.\8\ ANNUAL REPORT ON DEVELOPMENT AND DEPLOYMENT OF NARCOTICS 
                    DETECTION TECHNOLOGIES.

    (a) Report Requirement.--Not later than December 1st of 
each year, the Director of the Office of National Drug Control 
Policy shall submit to Congress and the President a report on 
the development and deployment of narcotics detection 
technologies by Federal agencies. Each such report shall be 
prepared in consultation with the Secretary of Defense, the 
Secretary of State, the Secretary of Transportation, and the 
Secretary of the Treasury.
---------------------------------------------------------------------------
    \8\21 U.S.C. 1505a.
---------------------------------------------------------------------------
    (b) Matters To Be Included.--Each report under subsection 
(a) shall include--
          (1) a description of each project implemented by a 
        Federal agency relating to the development or 
        deployment of narcotics detection technology;
          (2) the agency responsible for each project described 
        in paragraph (1);
          (3) the amount of funds obligated or expended to 
        carry out each project described in paragraph (1) 
        during the fiscal year in which the report is submitted 
        or during any fiscal year preceding the fiscal year in 
        which the report is submitted;
          (4) the amount of funds estimated to be obligated or 
        expended for each project described in paragraph (1) 
        during any fiscal year after the fiscal year in which 
        the report is submitted to Congress; and
          (5) a detailed timeline for implementation of each 
        project described in paragraph (1).

       Subtitle D--Miscellaneous Report Requirements and Repeals

          * * * * * * *

SEC. 1043. OVERSEAS INFRASTRUCTURE REQUIREMENTS.

    (a) Findings.--Congress makes the following findings:
          (1) United States military forces have been withdrawn 
        from the Philippines.
          (2) United States military forces are to be withdrawn 
        from Panama by 2000.
          (3) There continues to be local opposition to the 
        continued presence of United States military forces in 
        Okinawa.
          (4) The Quadrennial Defense Review lists ``the loss 
        of U.S. access to critical facilities and lines of 
        communication in key regions'' as one of the so-called 
        ``wild card'' scenarios covered in the review.
          (5) The National Defense Panel states that ``U.S. 
        forces' long-term access to forward bases, to include 
        air bases, ports, and logistics facilities, cannot be 
        assumed''.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the President should develop alternatives to the 
        current arrangement for forward basing of the Armed 
        Forces outside the United States, including 
        alternatives to the existing infrastructure for forward 
        basing of forces and alternatives to the existing 
        international agreements that provide for basing of 
        United States forces in foreign countries; and
          (2) because the Pacific Rim continues to emerge as a 
        region of significant economic and military importance 
        to the United States, a continued presence of the Armed 
        Forces in that region is vital to the capability of the 
        United States to timely protect its interests in the 
        region.
    (c) Report Required.--Not later than March 31, 1998, the 
Secretary of Defense shall submit to the Committee on Armed 
Services of the Senate and the Committee on National Security 
of the House of Representatives a report on the overseas 
infrastructure requirements of the Armed Forces.
    (d) Content.--The report shall contain the following:
          (1) The quantity and types of forces that the United 
        States must station in each region of the world in 
        order to support the current national military strategy 
        of the United States.
          (2) The quantity and types of forces that the United 
        States will need to station in each region of the world 
        in order to meet the expected or potential future 
        threats to the national security interests of the 
        United States.
          (3) The requirements for access to, and use of, air 
        space and ground maneuver areas in each such region for 
        training for the quantity and types of forces 
        identified for the region pursuant to paragraphs (1) 
        and (2).
          (4) A list of the international agreements, currently 
        in force, that the United States has entered into with 
        foreign countries regarding the basing of United States 
        forces in those countries and the dates on which the 
        agreements expire.
          (5) A discussion of any anticipated political 
        opposition or other opposition to the renewal of any of 
        those international agreements.
          (6) A discussion of future overseas basing 
        requirements for United States forces, taking into 
        account expected changes in national security strategy, 
        national security environment, and weapons systems.
          (7) The expected costs of maintaining the overseas 
        infrastructure for foreign based forces of the United 
        States, including the costs of constructing any new 
        facilities that will be necessary overseas to meet 
        emerging requirements relating to the national security 
        interests of the United States.
    (e) Form of Report.--The report may be submitted in a 
classified or unclassified form.
          * * * * * * *

               Subtitle E--Matters Relating to Terrorism

SEC. 1051.\9\ OVERSIGHT OF COUNTERTERRORISM AND ANTITERRORISM 
                    ACTIVITIES; REPORT.

    (a) Oversight of Counterterrorism and Antiterrorism 
Activities.--Not later than 120 days after the date of the 
enactment of this Act, the Director of the Office of Management 
and Budget shall--
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    \9\31 U.S.C. 1113 note.
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          (1) establish a reporting system for executive 
        agencies with respect to the budget and expenditure of 
        funds by such agencies for the purpose of carrying out 
        counterterrorism and antiterrorism programs and 
        activities; and
          (2) using such reporting system, collect information 
        on--
                  (A) the budget and expenditure of funds by 
                executive agencies during the current fiscal 
                year for purposes of carrying out 
                counterterrorism and antiterrorism programs and 
                activities; and
                  (B) the specific programs and activities for 
                which such funds were expended.
    (b) Report.--Not later that March 1 of each year, the 
President shall submit to Congress a report in classified and 
unclassified form (using the information described in 
subsection (a)(2)) describing, for each executive agency and 
for the executive branch as a whole, the following:
          (1) The amounts proposed to be expended for 
        counterterrorism and antiterrorism programs and 
        activities for the fiscal year beginning in the 
        calendar year in which the report is submitted.
          (2) The amounts proposed to be expended for 
        counterterrorism and antiterrorism programs and 
        activities for the fiscal year in which the report is 
        submitted and the amounts that have already been 
        expended for such programs and activities for that 
        fiscal year.
          (3) The specific counterterrorism and antiterrorism 
        programs and activities being implemented, any 
        priorities with respect to such programs and 
        activities, and whether there has been any duplication 
        of efforts in implementing such programs and 
        activities.

SEC. 1052.\10\ PROVISION OF ADEQUATE TROOP PROTECTION EQUIPMENT FOR 
                    ARMED FORCES PERSONNEL ENGAGED IN PEACE OPERATIONS; 
                    REPORT ON ANTITERRORISM ACTIVITIES AND PROTECTION 
                    OF PERSONNEL.

    (a) Protection of Personnel.--The Secretary of Defense 
shall take appropriate actions to ensure that units of the 
Armed Forces engaged in a peace operation are provided adequate 
troop protection equipment for that operation.
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    \10\10 U.S.C. 113 note.
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    (b) Specific Actions.--In taking actions under subsection 
(a), the Secretary shall--
          (1) identify the additional troop protection 
        equipment, if any, required to equip a division (or the 
        equivalent of a division) with adequate troop 
        protection equipment for peace operations; and
          (2) establish procedures to facilitate the exchange 
        or transfer of troop protection equipment among units 
        of the Armed Forces.
    (c) Designation of Responsible Official.--The Secretary of 
Defense shall designate an official within the Department of 
Defense to be responsible for--
          (1) ensuring the appropriate allocation of troop 
        protection equipment among the units of the Armed 
        Forces engaged in peace operations; and
          (2) monitoring the availability, status or condition, 
        and location of such equipment.
    (d) Troop Protection Equipment Defined.--In this section, 
the term ``troop protection equipment'' means the equipment 
required by units of the Armed Forces to defend against any 
hostile threat that is likely during a peace operation, 
including an attack by a hostile crowd, small arms fire, mines, 
and a terrorist bombing attack.
    (e) Report on Antiterrorism Activities of the Department of 
Defense and Protection of Personnel.--Not later than 120 days 
after the date of the enactment of this Act, the Secretary of 
Defense shall submit to Congress a report, in classified and 
unclassified form, on antiterrorism activities of the 
Department of Defense and the actions taken by the Secretary 
under subsections (a), (b), and (c). The report shall include 
the following:
          (1) A description of the programs designed to carry 
        out antiterrorism activities of the Department of 
        Defense, any deficiencies in those programs, and any 
        actions taken by the Secretary to improve 
        implementation of such programs.
          (2) An assessment of the current policies and 
        practices of the Department of Defense with respect to 
        the protection of members of the Armed Forces overseas 
        against terrorist attack, including any modifications 
        to such policies or practices that are proposed or 
        implemented as a result of the assessment.
          (3) An assessment of the procedures of the Department 
        of Defense for determining accountability, if any, in 
        the command structure of the Armed Forces in instances 
        in which a terrorist attack results in the loss of life 
        at an overseas military installation or facility.
          (4) A detailed description of the roles of the Office 
        of the Secretary of Defense, the Chairman of the Joint 
        Chiefs of Staff, the Secretaries of the military 
        departments, and the combatant commanders in providing 
        guidance and support with respect to the protection of 
        members of the Armed Forces deployed overseas against 
        terrorist attack (both before and after the November 
        1995 bombing in Riyadh, Saudi Arabia) and how these 
        roles have changed since the June 25, 1996, terrorist 
        bombing at Khobar Towers in Dhahran, Saudi Arabia.
          (5) A description of the actions taken by the 
        Secretary of Defense under subsections (a), (b), and 
        (c) to provide adequate troop protection equipment for 
        units of the Armed Forces engaged in a peace operation.
          * * * * * * *

            Subtitle F--Matters Relating to Defense Property

          * * * * * * *

SEC. 1064. AUTHORITY OF THE SECRETARY OF DEFENSE CONCERNING DISPOSAL OF 
                    ASSETS UNDER COOPERATIVE AGREEMENTS ON AIR DEFENSE 
                    IN CENTRAL EUROPE.

    (a) General Authorities.--The Secretary of Defense, 
pursuant to an amendment or amendments to the European air 
defense agreements, may dispose of any defense articles owned 
by the United States and acquired to carry out such agreements 
by providing such articles to the Federal Republic of Germany. 
In carrying out such disposal, the Secretary--
          (1) may provide without monetary charge to the 
        Federal Republic of Germany articles specified in the 
        agreements; and
          (2) may accept from the Federal Republic of Germany 
        (in exchange for the articles provided under paragraph 
        (1)) articles, services, or any other consideration, as 
        determined appropriate by the Secretary.
    (b) 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 XII--MATTERS RELATING TO OTHER NATIONS

    Subtitle A--United States Armed Forces in Bosnia and Herzegovina

Sec.1201.Findings.
Sec.1202.Sense of Congress.
Sec.1203.Withdrawal of United States ground forces from Republic of 
          Bosnia and Herzegovina.
Sec.1204.Secretary of Defense reports on tasks carried out by United 
          States forces.
Sec.1205.Presidential report on situation in Republic of Bosnia and 
          Herzegovina.
Sec.1206.Definitions.

        Subtitle B--Export Controls on High Performance Computers

Sec.1211.Export approvals for high performance computers.
Sec.1212.Report on exports of high performance computers.
Sec.1213.Post-shipment verification of export of high performance 
          computers.
Sec.1214.GAO study on certain computers; end user information 
          assistance.
Sec.1215.Congressional committees.

                        Subtitle C--Other Matters

Sec.1221.Defense burdensharing.
Sec.1222.Temporary use of general purpose vehicles and nonlethal 
          military equipment under acquisition and cross servicing 
          agreements.
Sec.1223.Sense of Congress and reports regarding financial costs of 
          enlargement of the North Atlantic Treaty Organization.
Sec.1224.Sense of Congress regarding enlargement of the North Atlantic 
          Treaty Organization.
Sec.1225.Sense of the Congress relating to level of United States 
          military personnel in the East Asia and Pacific region.
Sec.1226.Report on future military capabilities and strategy of the 
          People's Republic of China.
Sec.1227.Sense of Congress on need for Russian openness on the Yamantau 
          Mountain project.
Sec.1228.Assessment of the Cuban threat to United States national 
          security.
Sec.1229.Report on Helsinki Joint Statement.
Sec.1230.Commendation of Mexico on free and fair elections.
Sec.1231.Sense of Congress regarding Cambodia.
Sec.1232.Congratulating Governor Christopher Patten of Hong Kong.

    Subtitle A--United States Armed Forces in Bosnia and Herzegovina

SEC. 1201. FINDINGS.

    The Congress finds the following:
          (1) United States Armed Forces were deployed to the 
        Republic of Bosnia and Herzegovina as part of the North 
        Atlantic Treaty Organization (NATO) Implementation 
        Force (IFOR) to implement the military aspects of the 
        Dayton Peace Agreement.
          (2) The military aspects of the Dayton Peace 
        Agreement have been successfully implemented to date 
        with the military forces of the warring factions 
        successfully separated and a cessation in the 
        hostilities that resulted in the deaths of hundreds of 
        thousands of Bosnians.
          (3) Implementation of the civil aspects of the Dayton 
        Peace Agreement has lagged far behind the schedule for 
        such implementation envisioned in the Agreement with 
        the result that United States Armed Forces have 
        undertaken a prolonged engagement in the Republic of 
        Bosnia and Herzegovina.
          (4) On December 13, 1995, the President stated in a 
        letter to Congress, ``NATO and U.S. military commanders 
        believe, and I expect, that the military mission can be 
        accomplished in about a year. Twelve months will allow 
        IFOR time to complete the military tasks assigned in 
        the Dayton agreement and to establish a secure 
        environment, in which political and economic 
        reconstruction efforts by the parties and international 
        civilian agencies can take hold. Within one year, we 
        expect that the military provisions of the Dayton 
        agreement will have been carried out, implementation of 
        the civilian aspects and economic reconstruction will 
        have been firmly launched, free elections will have 
        been held under international supervision and a stable 
        military balance will have been established.''
          (5) Notwithstanding a number of assurances relating 
        to the accomplishment of the military mission in the 
        Republic of Bosnia and Herzegovina by December 1996, 
        the President, on November 15, 1996, announced his 
        decision to extend the presence of United States forces 
        in the Republic of Bosnia and Herzegovina to 
        participate in the NATO Stabilization Force (SFOR) 
        until June 1998.
          (6) Despite initial projections by the Department of 
        Defense that the costs of United States operations in 
        the Republic of Bosnia and Herzegovina would total 
        $1,500,000,000, the projected cost of United States 
        operations in the Republic of Bosnia and Herzegovina 
        through June 1998 is estimated to exceed 
        $7,000,000,000.
          (7) The fiscal year 1998 estimate of the Department 
        of Defense for operations in the Republic of Bosnia and 
        Herzegovina assumes that the level of military forces 
        participating in SFOR will be reduced soon after the 
        start of the fiscal year.
          (8) The President and the Secretary of Defense have 
        stated that United States forces are to be withdrawn 
        from the Republic of Bosnia and Herzegovina by the end 
        of June 1998.

SEC. 1202. SENSE OF CONGRESS.

    It is the sense of Congress that--
          (1) United States ground combat forces should not 
        participate in a follow-on force in the Republic of 
        Bosnia and Herzegovina after June 1998;
          (2) the European Security and Defense Identity, 
        which, as facilitated by the Combined Joint Task Forces 
        concept, enables the Western European Union, with the 
        consent of the North Atlantic Alliance, to assume 
        political control and strategic direction of NATO 
        assets made available for the Alliance, may be an ideal 
        instrument for a follow-on force for the Republic of 
        Bosnia and Herzegovina;
          (3) a NATO-led force without the participation of 
        United States ground combat forces in the Republic of 
        Bosnia and Herzegovina may be suitable for a follow-on 
        force for the Republic of Bosnia and Herzegovina if the 
        European Security and Defense Identity is not 
        sufficiently developed or is otherwise considered 
        inappropriate for such a mission;
          (4) the United States may decide to provide 
        appropriate support to a Western European Union-led or 
        NATO-led follow-on force, including command and 
        control, intelligence, logistics, and, if necessary, a 
        ready reserve force in the region;
          (5) the President should inform our European NATO 
        allies of this expression of the sense of Congress and 
        should urge them strongly to undertake preparations for 
        a Western European Union-led or NATO-led force as a 
        follow-on force to the NATO-led SFOR if needed to 
        maintain peace and stability in the Republic of Bosnia 
        and Herzegovina; and
          (6) the President should consult with the Congress 
        with respect to any support to be provided to a Western 
        European Union-led or NATO-led follow-on force in the 
        Republic of Bosnia and Herzegovina after June 30, 1998.

SEC. 1203.\11\ WITHDRAWAL OF UNITED STATES GROUND FORCES FROM REPUBLIC 
                    OF BOSNIA AND HERZEGOVINA .

    (a) Limitation.--No funds appropriated or otherwise made 
available for the Department of Defense for fiscal year 1998 or 
any subsequent fiscal year may be used for the deployment of 
any United States ground combat forces in the Republic of 
Bosnia and Herzegovina after June 30, 1998, unless the 
President, not later than May 15, 1998, and after consultation 
with the bipartisan leadership of the two Houses of Congress, 
transmits to Congress a certification--
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    \11\10 U.S.C. 114 note.
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          (1) that the continued presence of United States 
        ground combat forces, after June 30, 1998, in the 
        Republic of Bosnia and Herzegovina is required in order 
        to meet the national security interests of the United 
        States; and
          (2) that after June 30, 1998, it will remain United 
        States policy that United States ground forces will not 
        serve as, or be used as, civil police in the Republic 
        of Bosnia and Herzegovina.
    (b) Report.--The President shall submit with the 
certification under subsection (a) a report that includes the 
following:
          (1) The reasons why that presence is in the national 
        security interest of the United States.
          (2) The number of United States military personnel to 
        be deployed in and around the Republic of Bosnia and 
        Herzegovina and other areas of the former Yugoslavia 
        after that date.
          (3) The expected duration of any such deployment.
          (4) The mission and objectives of the United States 
        Armed Forces to be deployed in and around the Republic 
        of Bosnia and Herzegovina and other areas of the former 
        Yugoslavia after June 30, 1998.
          (5) The exit strategy of such forces.
          (6) The incremental costs associated with any such 
        deployment.
          (7) The effect of such deployment on the morale, 
        retention, and effectiveness of United States armed 
        forces.
          (8) A description of the forces from other nations 
        involved in a follow-on mission, shown on a nation-by-
        nation basis.
          (9) A description of the command and control 
        arrangement established for United States forces 
        involved in a follow-on mission.
          (10) An assessment of the expected threats to United 
        States forces involved in a follow-on mission.
          (11) The plan for rotating units and personnel to and 
        from the Republic of Bosnia and Herzegovina during a 
        follow-on mission, including the level of participation 
        by reserve component units and personnel.
          (12) The mission statement and operational goals of 
        the United States forces involved in a follow-on 
        mission.
    (c) Request for Supplemental Appropriations.--The President 
shall transmit to Congress with a certification under 
subsection (a) a supplemental appropriations request for the 
Department of Defense for such amounts as are necessary for the 
costs of any continued deployment beyond June 30, 1998.
    (d) Construction With President's Constitutional 
Authority.--Nothing in this section shall be deemed to restrict 
the authority of the President under the Constitution to 
protect the lives of United States citizens.
    (e) Construction With Appropriations Provision.--The 
provisions of this section are enacted, and shall be applied, 
as supplemental to (and not in lieu of) the provisions of 
section 8132 of the Department of Defense Appropriations Act, 
1998 (Public Law 105-56).

SEC. 1204. SECRETARY OF DEFENSE REPORTS ON TASKS CARRIED OUT BY UNITED 
                    STATES FORCES.

    (a) Requirement for Two Reports.--The Secretary of Defense 
shall submit to the congressional defense committees--
          (1) not later than December 15, 1997, a report 
        identifying each activity being carried out, as of 
        December 1, 1997, by covered United States forces in 
        the Republic of Bosnia and Herzegovina; and
          (2) not later than April 15, 1998, a report 
        identifying each activity being carried out, as of 
        April 1, 1998, by covered United States forces in the 
        Republic of Bosnia and Herzegovina.
    (b) Covered United States Forces.--For purposes of this 
section, covered United States forces in the Republic of Bosnia 
and Herzegovina are United States ground forces in the Republic 
of Bosnia and Herzegovina that are assigned to the 
multinational peacekeeping force known as the Stabilization 
Force (SFOR) or any other multinational peacekeeping force that 
is the successor to the SFOR.
    (c) Matters To Be Included.--The Secretary shall include in 
each report under subsection (a), for each activity identified 
under that subsection, the following:
          (1) The number of United States military personnel 
        involved in the performance of that activity.
          (2) Whether forces assigned to the SFOR (or successor 
        multinational peacekeeping force) from other nations 
        also participated in that activity.
          (3) The justification for using military forces 
        rather than civilian organizations to perform that 
        activity.
          (4) In the case of activities that (as determined by 
        the Secretary) are considered to be supporting tasks, 
        as that term is used in paragraph 3 of Article VI of 
        Annex 1-A to the General Framework Agreement for Peace 
        in Bosnia and Herzegovina, the justification for using 
        military forces.
          (5) The likelihood that each such activity will have 
        to be carried out by United States military forces 
        after June 30, 1998.

SEC. 1205. PRESIDENTIAL REPORT ON SITUATION IN REPUBLIC OF BOSNIA AND 
                    HERZEGOVINA.

    (a) Requirement.--Not later than February 1, 1998, the 
President shall submit to Congress a report on the political 
and military conditions in the Republic of Bosnia and 
Herzegovina. The report shall be submitted in both classified 
and unclassified form.
    (b) Matters To Be Included.--The report under subsection 
(a) shall include a discussion of the following:
          (1) An assessment of the progress made in 
        implementing the civil, economic, and political aspects 
        of the Dayton Peace Agreement.
          (2) An identification of the specific steps taken to 
        transfer the United States portion of the peacekeeping 
        mission in the Republic of Bosnia and Herzegovina to 
        forces of the member-states of the Western European 
        Union or to a NATO-led force without the participation 
        of United States ground combat forces in the Republic 
        of Bosnia and Herzegovina.
          (3) A detailed discussion of the proposed role and 
        involvement of the United States in supporting 
        peacekeeping activities in the Republic of Bosnia and 
        Herzegovina following the withdrawal of United States 
        ground combat forces from the Republic of Bosnia and 
        Herzegovina.
          (4) A detailed explanation and timetable for carrying 
        out the commitment to withdraw all United States ground 
        forces from the Republic of Bosnia and Herzegovina by 
        June 30, 1998, including the planned date of 
        commencement and completion of the withdrawal.
          (5) The military and political considerations that 
        will affect the decision to carry out such a 
        transition.
          (6) Any plan to maintain or expand other Bosnia-
        related operations (such as the operations designated 
        as Operation Deliberate Guard) if tensions in the 
        Republic of Bosnia and Herzegovina remain sufficient to 
        delay reductions of United States military forces 
        participating in the Stabilization Force and the 
        estimated cost associated with each such operation.

SEC. 1206.\12\ DEFINITIONS.

    As used in this subtitle:
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    \12\10 U.S.C. 114 note.
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          (1) Dayton peace agreement.--The term ``Dayton Peace 
        Agreement'' means the General Framework Agreement for 
        Peace in Bosnia and Herzegovina, initialed by the 
        parties in Dayton, Ohio, on November 21, 1995, and 
        signed in Paris on December 14, 1995.
          (2) Implementation force.--The term ``Implementation 
        Force'' means the NATO-led multinational military force 
        in the Republic of Bosnia and Herzegovina (commonly 
        referred to as ``IFOR''), authorized under the Dayton 
        Peace Agreement.
          (3) Stabilization force.--The term ``Stabilization 
        Force'' means the NATO-led follow-on force to the 
        Implementation Force in the Republic of Bosnia and 
        Herzegovina and other countries in the region (commonly 
        referred to as ``SFOR''), authorized under United 
        Nations Security Council Resolution 1088 (December 12, 
        1996).
          (4) Follow-on mission.--The term ``follow-on 
        mission'' means a mission involving the deployment of 
        ground elements of the United States Armed Forces in 
        the Republic of Bosnia and Herzegovina after June 30, 
        1998 (other than as described in section 1203(b)).
          (5) NATO.--The term ``NATO'' means the North Atlantic 
        Treaty Organization.

     Subtitle B--Export Controls on High Performance Computers\13\

SEC. 1211. EXPORT APPROVALS FOR HIGH PERFORMANCE COMPUTERS.

    (a) Prior Approval of Exports and Reexports.--The President 
shall require that no digital computer with a composite 
theoretical performance level of more than 2,000 millions of 
theoretical operations per second (MTOPS) or with such other 
composite theoretical performance level as may be established 
subsequently by the President under subsection (d), may be 
exported or reexported without a license to a country specified 
in subsection (b) if the Secretary of Commerce, the Secretary 
of Defense, the Secretary of Energy, the Secretary of State, or 
the Director of the Arms Control and Disarmament Agency 
objects, in writing, to such export or reexport. Any person 
proposing to export or reexport such a digital computer shall 
so notify the Secretary of Commerce, who, within 24 hours after 
receiving the notification, shall transmit the notification to 
the Secretary of Defense, the Secretary of Energy, the 
Secretary of State, and the Director of the Arms Control and 
Disarmament Agency.
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    \13\50 U.S.C. app. 2404 note.
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    (b) Covered Countries.--For purposes of subsection (a), the 
countries specified in this subsection are the countries listed 
as ``Computer Tier 3'' eligible countries in section 740.7(d) 
of title 15 of the Code of Federal Regulations, as in effect on 
June 10, 1997, subject to modification by the President under 
subsection (e).
    (c) Time Limit.--Written objections under subsection (a) to 
an export or reexport shall be raised within 10 days after the 
notification is received under subsection (a). If such a 
written objection to the export or reexport of a computer is 
raised, the computer may be exported or reexported only 
pursuant to a license issued by the Secretary of Commerce under 
the Export Administration Regulations of the Department of 
Commerce, without regard to the licensing exceptions otherwise 
authorized under section 740.7 of title 15 of the Code of 
Federal Regulations, as in effect on June 10, 1997. If no 
objection is raised within the 10-day period, the export or 
reexport is authorized.
    (d) Adjustment of Composite Theoretical Performance.--The 
President, in consultation with the Secretary of Commerce, the 
Secretary of Defense, the Secretary of Energy, the Secretary of 
State, and the Director of the Arms Control and Disarmament 
Agency, may establish a new composite theoretical performance 
level for purposes of subsection (a). Such new level shall not 
take effect until 180 days after the President submits to the 
congressional committees designated in section 1215 a report 
setting forth the new composite theoretical performance level 
and the justification for such new level. Each report shall, at 
a minimum--
          (1) address the extent to which high performance 
        computers of a composite theoretical level between the 
        level established in subsection (a) or such level as 
        has been previously adjusted pursuant to this section 
        and the new level, are available from other countries;
          (2) address all potential uses of military 
        significance to which high performance computers at the 
        new level could be applied; and
          (3) assess the impact of such uses on the national 
        security interests of the United States.
    (e) Adjustment of Covered Countries.--
          (1) In general.--The President, in consultation with 
        the Secretary of Commerce, the Secretary of Defense, 
        the Secretary of Energy, the Secretary of State, and 
        the Director of the Arms Control and Disarmament 
        Agency, may add a country to or remove a country from 
        the list of covered countries in subsection (b), except 
        that a country may be removed from the list only in 
        accordance with paragraph (2).
          (2) Deletions from list of covered countries.--The 
        removal of a country from the list of covered countries 
        under subsection (b) shall not take effect until 120 
        days after the President submits to the congressional 
        committees designated in section 1215 a report setting 
        forth the justification for the deletion.
          (3) Excluded countries.--A country may not be removed 
        from the list of covered countries under subsection (b) 
        if--
                  (A) the country is a ``nuclear-weapon state'' 
                (as defined by Article IX of the Treaty on the 
                Non-Proliferation of Nuclear Weapons) and the 
                country is not a member of the North Atlantic 
                Treaty Organization; or
                  (B) the country is not a signatory of the 
                Treaty on the Non-Proliferation of Nuclear 
                Weapons and the country is listed on Annex 2 to 
                the Comprehensive Nuclear Test-Ban Treaty.
    (f) Classification.--Each report under subsections (d) and 
(e) shall be submitted in an unclassified form and may, if 
necessary, have a classified supplement.

SEC. 1212.\14\ REPORT ON EXPORTS OF HIGH PERFORMANCE COMPUTERS.

    (a) Report.--Not later than 60 days after the date of the 
enactment of this Act, the President shall provide to the 
congressional committees specified in section 1215 a report 
identifying all exports of digital computers with a composite 
theoretical performance of more than 2,000 millions of 
theoretical operations per second (MTOPS) to all countries 
since January 25, 1996. For each export, the report shall 
identify--
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    \14\The President delegated the authority in this section to the 
Secretary of Commerce in a memorandum of December 19, 1997 (62 F.R. 
67547).
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          (1) whether an export license was applied for and 
        whether one was granted;
          (2) the date of the transfer of the computer;
          (3) the United States manufacturer and exporter of 
        the computer;
          (4) the MTOPS level of the computer; and
          (5) the recipient country and end user.
    (b) Additional Information on Exports to Certain 
Countries.--In the case of exports to countries specified in 
subsection (c), the report under subsection (a) shall identify 
the intended end use for the exported computer and the 
assessment by the executive branch of whether the end user is a 
military end user or an end user involved in activities 
relating to nuclear, chemical, or biological weapons or missile 
technology. Information provided under this subsection may be 
submitted in classified form if necessary.
    (c) Covered Countries.--For purposes of subsection (b), the 
countries specified in this subsection are--
          (1) the countries listed as ``Computer Tier 3'' 
        eligible countries in section 740.7(d) of title 15 of 
        the Code of Federal Regulations, as in effect on June 
        10, 1997; and
          (2) the countries listed in section 740.7(e) of title 
        15 of the Code of Federal Regulations, as in effect on 
        June 10, 1997.

SEC. 1213. POST-SHIPMENT VERIFICATION OF EXPORT OF HIGH PERFORMANCE 
                    COMPUTERS.

    (a) Required Post-Shipment Verification.--The Secretary of 
Commerce shall conduct post-shipment verification of each 
digital computer with a composite theoretical performance of 
more than 2,000 millions of theoretical operations per second 
(MTOPS) that is exported from the United States, on or after 
the date of the enactment of this Act, to a country specified 
in subsection (b).
    (b) Covered Countries.--For purposes of subsection (a), the 
countries specified in this subsection are the countries listed 
as ``Computer Tier 3'' eligible countries in section 740.7 of 
title 15 of the Code of Federal Regulations, as in effect on 
June 10, 1997, subject to modification by the President under 
section 1211(e).
    (c) Annual Report.--The Secretary of Commerce shall submit 
to the congressional committees specified in section 1215 an 
annual report on the results of post-shipment verifications 
conducted under this section during the preceding year. Each 
such report shall include a list of all such items exported 
from the United States to such countries during the previous 
year and, with respect to each such export, the following:
          (1) The destination country.
          (2) The date of export.
          (3) The intended end use and intended end user.
          (4) The results of the post-shipment verification.
    (d) Explanation When Verification Not Conducted.--If a 
post-shipment verification has not been conducted in accordance 
with subsection (a) with respect to any such export during the 
period covered by a report, the Secretary shall include in the 
report for that period a detailed explanation of the reasons 
why such a post-shipment verification was not conducted.

SEC. 1214. GAO STUDY ON CERTAIN COMPUTERS; END USER INFORMATION 
                    ASSISTANCE.

    (a) In General.--The Comptroller General of the United 
States shall submit to the congressional committees specified 
in section 1215 a study of the national security risks relating 
to the sale of computers with a composite theoretical 
performance of between 2,000 and 7,000 millions of theoretical 
operations per second (MTOPS) to end users in countries 
specified in subsection (c). The study shall also analyze any 
foreign availability of computers described in the preceding 
sentence and the impact of such sales on United States 
exporters.
    (b) End User Information Assistance to Exporters.--The 
Secretary of Commerce shall establish a procedure by which 
exporters may seek information on questionable end users in 
countries specified in subsection (c) who are seeking to obtain 
computers described in subsection (a).
    (c) Covered Countries.--For purposes of subsections (a) and 
(b), the countries specified in this subsection are the 
countries listed as ``Computer Tier 3'' eligible countries in 
section 740.7(d) of title 15 of the Code of Federal 
Regulations, as in effect on June 10, 1997.

SEC. 1215. CONGRESSIONAL COMMITTEES.

    For purposes of sections 1211(d), 1212(a), 1213(c), and 
1214(a) the congressional committees specified in those 
sections are the following:
          (1) The Committee on Banking, Housing, and Urban 
        Affairs and the Committee on Armed Services of the 
        Senate.
          (2) The Committee on International Relations and the 
        Committee on National Security of the House of 
        Representatives.

                       Subtitle C--Other Matters

SEC. 1221.\15\ DEFENSE BURDENSHARING.

    (a) Efforts To Increase Allied Burdensharing.--The 
President shall seek to have each nation that has cooperative 
military relations with the United States (including security 
agreements, basing arrangements, or mutual participation in 
multinational military organizations or operations) take one or 
more of the following actions:
---------------------------------------------------------------------------
    \15\22 U.S.C. 1928 note.
---------------------------------------------------------------------------
          (1) For any nation in which United States military 
        personnel are assigned to permanent duty ashore, 
        increase its financial contributions to the payment of 
        the nonpersonnel costs incurred by the United States 
        Government for stationing United States military 
        personnel in that nation, with a goal of achieving by 
        September 30, 2000, 75 percent of such costs. An 
        increase in financial contributions by any nation under 
        this paragraph may include the elimination of taxes, 
        fees, or other charges levied on United States military 
        personnel, equipment, or facilities stationed in that 
        nation.
          (2) Increase its annual budgetary outlays for 
        national defense as a percentage of its gross domestic 
        product by 10 percent or at least to a level 
        commensurate to that of the United States by September 
        30, 1998.
          (3) Increase its annual budgetary outlays for foreign 
        assistance (to promote democratization, economic 
        stabilization, transparency arrangements, defense 
        economic conversion, respect for the rule of law, and 
        internationally recognized human rights) by 10 percent 
        or at least to a level commensurate to that of the 
        United States by September 30, 1998.
          (4) Increase the amount of military assets (including 
        personnel, equipment, logistics, support and other 
        resources) that it contributes, or would be prepared to 
        contribute, to multinational military activities 
        worldwide.
    (b) Authorities To Encourage Actions by United States 
Allies.--In seeking the actions described in subsection (a) 
with respect to any nation, or in response to a failure by any 
nation to undertake one or more of such actions, the President 
may take any of the following measures to the extent otherwise 
authorized by law:
          (1) Reduce the end strength level of members of the 
        Armed Forces assigned to permanent duty ashore in that 
        nation.
          (2) Impose on that nation fees or other charges 
        similar to those that such nation imposes on United 
        States forces stationed in that nation.
          (3) Reduce (through rescission, impoundment, or other 
        appropriate procedures as authorized by law) the amount 
        the United States contributes to the NATO Civil Budget, 
        Military Budget, or Security Investment Program.
          (4) Suspend, modify, or terminate any bilateral 
        security agreement the United States has with that 
        nation, consistent with the terms of such agreement.
          (5) Reduce (through rescission, impoundment or other 
        appropriate procedures as authorized by law) any United 
        States bilateral assistance appropriated for that 
        nation.
          (6) Take any other action the President determines to 
        be appropriate as authorized by law.
    (c) Report on Progress in Increasing Allied 
Burdensharing.--Not later than March 1, 1998, the Secretary of 
Defense shall submit to Congress a report on--
          (1) steps taken by other nations to complete the 
        actions described in subsection (a);
          (2) all measures taken by the President, including 
        those authorized in subsection (b), to achieve the 
        actions described in subsection (a);
          (3) the difference between the amount allocated by 
        other nations for each of the actions described in 
        subsection (a) during the period beginning on March 1, 
        1996, and ending on February 28, 1997, and during the 
        period beginning on March 1, 1997, and ending on 
        February 28, 1998; and
          (4) the budgetary savings to the United States that 
        are expected to accrue as a result of the steps 
        described under paragraph (1).
    (d) Report on National Security Bases for Forward 
Deployment and Burdensharing Relationships.--(1) In order to 
ensure the best allocation of budgetary resources, the 
President shall undertake a review of the status of elements of 
the United States Armed Forces that are permanently stationed 
outside the United States. The review shall include an 
assessment of the following:
          (A) The alliance requirements that are to be found in 
        agreements between the United States and other 
        countries.
          (B) The national security interests that support 
        permanently stationing elements of the United States 
        Armed Forces outside the United States.
          (C) The stationing costs associated with the forward 
        deployment of elements of the United States Armed 
        Forces.
          (D) The alternatives available to forward deployment 
        (such as material prepositioning, enhanced airlift and 
        sealift, or joint training operations) to meet such 
        alliance requirements or national security interests, 
        with such alternatives identified and described in 
        detail.
          (E) The costs and force structure configurations 
        associated with such alternatives to forward 
        deployment.
          (F) The financial contributions that allies of the 
        United States make to common defense efforts (to 
        promote democratization, economic stabilization, 
        transparency arrangements, defense economic conversion, 
        respect for the rule of law, and internationally 
        recognized human rights).
          (G) The contributions that allies of the United 
        States make to meeting the stationing costs associated 
        with the forward deployment of elements of the United 
        States Armed Forces.
          (H) The annual expenditures of the United States and 
        its allies on national defense, and the relative 
        percentages of each nation's gross domestic product 
        constituted by those expenditures.
    (2) The President shall submit to Congress a report on the 
review under paragraph (1). The report shall be submitted not 
later than March 1, 1998, in classified and unclassified form.

SEC. 1222. TEMPORARY USE OF GENERAL PURPOSE VEHICLES AND NONLETHAL 
                    MILITARY EQUIPMENT UNDER ACQUISITION AND CROSS 
                    SERVICING AGREEMENTS.

    Section 2350(1) of title 10, United States Code,\16\ is 
amended by striking out ``other items'' in the second sentence 
and all that follows through ``United States Munitions List'' 
and inserting in lieu thereof ``other nonlethal items of 
military equipment which are not designated as significant 
military equipment on the United States Munitions List 
promulgated''.
---------------------------------------------------------------------------
    \16\For text, as amended, see page 406.
---------------------------------------------------------------------------

SEC. 1223. SENSE OF CONGRESS AND REPORTS REGARDING FINANCIAL COSTS OF 
                    ENLARGEMENT OF THE NORTH ATLANTIC TREATY 
                    ORGANIZATION.

    (a) Findings.--Congress finds the following:
          (1) In a report to Congress in February 1997 on the 
        rationale, benefits, costs, and implications of North 
        Atlantic Treaty Organization enlargement the Secretary 
        of Defense estimated that the financial cost to the 
        United States of such enlargement will be modest, 
        totaling between $2,000,000,000 and $2,600,000,000 for 
        the period from 1997 through 2009.
          (2) A study by the RAND Corporation published in 1996 
        calculated that the total financial cost to the United 
        States of such enlargement will be between 
        $5,000,000,000 and $6,000,000,000 over the same period.
          (3) A March 1996 report by the Congressional Budget 
        Office on the financial costs of enlarging the North 
        Atlantic Treaty Organization alliance estimated the 
        United States share of alliance enlargement costs to be 
        between $4,800,000,000 and $18,900,000,000 through 
        2010, depending upon political developments in Europe.
          (4) An August 1997 report by the General Accounting 
        Office reviewing the financial cost estimates of the 
        Secretary of Defense concluded that North Atlantic 
        Treaty Organization enlargement could entail additional 
        costs beyond those included in the Secretary's estimate 
        and questioned the validity of the Secretary's estimate 
        due to the lack of supporting cost documentation and 
        the inclusion of cost elements not related to NATO 
        enlargement.
          (5) The North Atlantic Alliance is scheduled to 
        complete its analysis of the military requirements for 
        the integration of Poland, the Czech Republic, and 
        Hungary into the Alliance in December 1997.
          (6) The North Atlantic Alliance is also scheduled to 
        complete in December 1997 its financial cost estimate 
        of the military requirements related to the integration 
        of those nations.
    (b) Sense of Congress.--It is the sense of Congress that 
the analysis of the North Atlantic Alliance of the military 
requirements relating to NATO enlargement and of the financial 
costs to the Alliance of NATO enlargement will be one of the 
major factors in the consideration by the Senate of the 
ratification of instruments to approve the admission of new 
member nations to the Alliance and by Congress for the 
authorization and appropriation of the funding for the costs 
associated with such enlargement.
    (c) Report Assessing NATO Cost Analysis.--Not later than 
March 31, 1998, the Secretary of Defense shall submit to 
Congress a report providing--
          (1) an assessment of the analysis by the North 
        Atlantic Alliance of the military requirements related 
        to NATO enlargement and of the estimate of the 
        financial costs to the NATO Alliance for the 
        integration of Poland, the Czech Republic, and Hungary 
        into the Alliance;
          (2) a description of the analytical means used to 
        determine such requirements and costs; and
          (3) a general assessment of the additional military 
        requirements and costs that would result from a 
        significantly increased threat.
    (d) Report on Department of Defense Costs.--(1) The 
Secretary of Defense shall submit to Congress, in conjunction 
with the submission of the President's budget for fiscal year 
1999, a report on Department of Defense costs for NATO 
enlargement. The report shall include a detailed estimate of 
such costs for fiscal year 1998 that identifies all 
appropriations, by budget activity, for the military 
departments and other elements of the Department of Defense to 
support NATO enlargement.
    (2) The Secretary of Defense shall include in the budget 
justification materials submitted to Congress by the Secretary 
in support of the budget of Department of Defense for fiscal 
year 1999 complete and detailed descriptions and estimates of 
the amounts provided in that budget for the costs of NATO 
enlargement.

SEC. 1224. SENSE OF CONGRESS REGARDING ENLARGEMENT OF THE NORTH 
                    ATLANTIC TREATY ORGANIZATION.

    (a) Findings.--Congress makes the following findings:
          (1) The North Atlantic Treaty Organization (NATO) met 
        on July 8 and 9, 1997, in Madrid, Spain, and issued 
        invitations to the Czech Republic, Hungary, and Poland 
        to begin accession talks to join NATO.
          (2) Congress has expressed its support for the 
        process of NATO enlargement by approving the NATO 
        Enlargement Facilitation Act of 1996 (title VI of the 
        matter enacted in section 101(c) of division A of 
        Public Law 104-208; 22 U.S.C. 1928 note).
          (3) The United States has supported the position that 
        the process of enlarging NATO will continue after the 
        first round of invitations in July 1997.
          (4) Romania and Slovenia are to be commended for 
        their progress toward political and economic reform and 
        appear to be striving to meet the guidelines for 
        prospective membership in NATO.
          (5) In furthering the purpose and objective of NATO 
        in promoting stability and well-being in the North 
        Atlantic area, NATO should invite Romania and Slovenia 
        to accession negotiations to become NATO members as 
        expeditiously as possible upon the satisfaction of all 
        relevant membership criteria and consistent with NATO 
        security objectives.
    (b) Sense of Congress.--It is the sense of Congress that 
North Atlantic Treaty Organization should be commended--
          (1) for having committed to review the process of 
        enlarging the Organization in 1999; and
          (2) for singling out the positive developments toward 
        democracy and rule of law in Romania and Slovenia.

SEC. 1225. SENSE OF CONGRESS RELATING TO LEVEL OF UNITED STATES 
                    MILITARY PERSONNEL IN THE EAST ASIA AND PACIFIC 
                    REGION.

    (a) Findings.--Congress finds the following:
          (1) The stability of the Asia-Pacific region is a 
        matter of vital national interest affecting the well-
        being of all Americans.
          (2) The nations of the Pacific Rim collectively 
        represent the United States largest trading partner and 
        are expected to account for almost one-third of the 
        world's economic activity by the start of the next 
        century.
          (3) The increased reliance by the United States on 
        trade and Middle East oil sources has reinforced United 
        States security interests in the Southeast Asia 
        shipping lanes through the South China Sea and the key 
        straits of Malacca, Sunda, Lombok, and Makassar.
          (4) The South China Sea is an important area for 
        United States Navy ships passing from the Pacific to 
        the Indian Ocean and the Persian Gulf.
          (5) Maintaining freedom of navigation in the South 
        China Sea is an important interest of the United 
        States.
          (6) The threats of proliferation of weapons of mass 
        destruction, the emerging nationalism amidst long-
        standing ethnic and national rivalries, and the 
        unresolved territorial disputes combine to create a 
        political landscape of potential instability and 
        conflict in this region that could jeopardize the 
        interests of the United States and the safety of United 
        States nationals.
          (7) A critical component of the East Asia strategy of 
        the United States is maintaining forward deployed 
        forces in Asia to ensure broad regional stability, to 
        help to deter aggression, to lessen the pressure for 
        arms races, and to contribute to the political and 
        economic advances of the region from which the United 
        States benefits.
          (8) The forward presence of the United States in 
        Northeast Asia enables the United States to respond to 
        regional contingencies, to protect sea lines of 
        communication, to sustain influence, and to support 
        operations as distant as operations in the Persian 
        Gulf.
          (9) The military forces of the United States serve to 
        prevent the political or economic control of the Asia-
        Pacific region by a rival, hostile power or coalition 
        of such powers, thus preventing any such group from 
        obtaining control over the vast resources, enormous 
        wealth, and advanced technology of the region.
          (10) Allies of the United States in the region can 
        base their defense planning on a reliable American 
        security commitment, a reduction of which could 
        stimulate an arms buildup in the region.
          (11) The Joint Announcement of the United States-
        Japan Security Consultative Committee of December 1996, 
        acknowledged that ``the forward presence of U.S. forces 
        continues to be an essential element for pursuing our 
        common security objectives''.
          (12) The United States and Japan signed the United 
        States-Japan Security Declaration in April 1996, in 
        which the United States reaffirmed its commitment to 
        maintain this level of 100,000 United States military 
        personnel in the region.
          (13) The United States military presence is 
        recognized by the nations of the region as serving 
        stability and enabling United States engagement.
          (14) The nations of East Asia and the Pacific 
        consider the commitment of the forces of the United 
        States to be so vital to their future that they 
        scrutinize actions of the United States for any sign of 
        weakened commitment to the security of the region.
          (15) The reduction of forward-based military forces 
        could negatively affect the ability of the United 
        States to contribute to the maintenance of peace and 
        stability of the Asia and Pacific region.
          (16) Recognizing that while the United States must 
        consider the overall capabilities of its forces in its 
        decisions to deploy troops, nevertheless any reduction 
        in the number of forward-based troops may reduce the 
        perception of American capability and commitment in the 
        region that cannot be completely offset by 
        modernization of the remaining forces.
          (17) During time of crisis, deployment of forces to 
        East Asia, even though such forces were previously 
        removed from the area, might be deemed to be an act of 
        provocation that could be used as a pretext by a 
        hostile power for armed aggression within the region, 
        and the existence of that possibility might hinder such 
        a deployment.
          (18) Proposals to reduce the forward presence of the 
        United States in the East Asia region or subordinate 
        security interests to United States domestic budgetary 
        concerns can erode the perception of the commitment of 
        the United States to its alliances and interests in the 
        region.
    (b) Sense of Congress.--It is the sense of Congress that 
the United States should maintain at least approximately 
100,000 United States military personnel in the East Asia and 
Pacific region until such time as there is a peaceful and 
permanent resolution to the major security and political 
conflicts in the region.

SEC. 1226. REPORT ON FUTURE MILITARY CAPABILITIES AND STRATEGY OF THE 
                    PEOPLE'S REPUBLIC OF CHINA.

    (a) Report.--The Secretary of Defense shall prepare a 
report, in both classified and unclassified form, on the 
pattern of military modernization of the People's Republic of 
China. The report shall address the probable course of 
military-technological development in the People's Liberation 
Army and the development of Chinese security strategy and 
military strategy, and of military organizations and 
operational concepts, through 2015.
    (b) Matters To Be Included.--The report shall include 
analyses and forecasts of the following:
          (1) The goals of Chinese security strategy and 
        military strategy.
          (2) Trends in Chinese strategy regarding the 
        political goals of the People's Republic of China in 
        the Asia-Pacific region and its political and military 
        presence in other regions of the world, including 
        Central Asia, Southwest Asia, Europe, and Latin 
        America.
          (3) Developments in Chinese military doctrine, 
        focusing on (but not limited to) efforts to exploit an 
        emerging Revolution in Military Affairs or to conduct 
        preemptive strikes.
          (4) Efforts by the People's Republic of China to 
        enhance its capabilities in the area of nuclear weapons 
        development.
          (5) Efforts by the People's Republic of China to 
        develop long-range air-to-air or air defense missiles 
        that would provide the capability to target special 
        support aircraft such as Airborne Warning and Control 
        System (AWACS) aircraft, Joint Surveillance and Target 
        Attack Radar System (JSTARS) aircraft, or other command 
        and control, intelligence, airborne early warning, or 
        electronic warfare aircraft.
          (6) Efforts by the People's Republic of China to 
        develop a capability to conduct ``information warfare'' 
        at the strategic, operational, and tactical levels of 
        war.
          (7) Development by the People's Republic of China of 
        capabilities in the area of electronic warfare.
          (8) Efforts by the People's Republic of China to 
        develop a capability to establish control of space or 
        to deny access and use of military and commercial space 
        systems in times of crisis or war, including programs 
        to place weapons in space or to develop earth-based 
        weapons capable of attacking space-based systems.
          (9) Trends that would lead the People's Republic of 
        China toward the development of advanced intelligence, 
        surveillance, and reconnaissance capabilities, 
        including gaining access to commercial or third-party 
        systems with military significance.
          (10) Efforts by the People's Republic of China to 
        develop highly accurate and stealthy ballistic and 
        cruise missiles, including sea-launched cruise 
        missiles, particularly in numbers sufficient to conduct 
        attacks capable of overwhelming projected defense 
        capabilities in the Asia-Pacific region.
          (11) Development by the People's Republic of China of 
        command and control networks, particularly those 
        capable of battle management of long-range precision 
        strikes.
          (12) Efforts by the People's Republic of China in the 
        area of telecommunications, including common channel 
        signaling and synchronous digital hierarchy 
        technologies.
          (13) Development by People's Republic of China of 
        advanced aerospace technologies with military 
        applications (including gas turbine ``hot section'' 
        technologies).
          (14) Programs of the People's Republic of China 
        involving unmanned aerial vehicles, particularly those 
        with extended ranges or loitering times or potential 
        strike capabilities.
          (15) Exploitation by the People's Republic of China 
        for military purposes of the Global Positioning System 
        or other similar systems (including commercial land 
        surveillance satellites), with such analysis and 
        forecasts focusing particularly on indications of an 
        attempt to increase the accuracy of weapons or 
        situational awareness of operating forces.
          (16) Development by the People's Republic of China of 
        capabilities for denial of sea control, including such 
        systems as advanced sea mines, improved submarine 
        capabilities, or land-based sea-denial systems.
          (17) Efforts by the People's Republic of China to 
        develop its anti-submarine warfare capabilities.
          (18) Continued development by the People's Republic 
        of China of follow-on forces, particularly forces 
        capable of rapid air or amphibious assault.
          (19) Efforts by the People's Republic of China to 
        enhance its capabilities in such additional areas of 
        strategic concern as the Secretary identifies.
    (c) Analysis of Implications of Sales of Products and 
Technologies to Entities in China.--The report under subsection 
(a) shall include, with respect to each area for analyses and 
forecasts specified in subsection (b)--
          (1) an assessment of the military effects of sales of 
        United States and foreign products and technologies to 
        entities in the People's Republic of China; and
          (2) the potential threat of developments related to 
        such effects to United States strategic interests.
    (d) Submission of Report.--The report shall be submitted to 
Congress not later than March 15, 1998.

SEC. 1227. SENSE OF CONGRESS ON NEED FOR RUSSIAN OPENNESS ON THE 
                    YAMANTAU MOUNTAIN PROJECT.

    (a) Findings.--Congress finds as follows:
          (1) The United States and Russia have been working 
        since the end of the Cold War to achieve a strategic 
        relationship based on cooperation and openness between 
        the two nations.
          (2) This effort to establish a new strategic 
        relationship between the two nations has resulted in 
        the conclusion or agreement in principle on a number of 
        far-reaching agreements, including START I, II, and 
        III, a revision in the Conventional Forces in Europe 
        Treaty, and a series of other agreements (such as the 
        Comprehensive Test Ban Treaty and the Chemical Weapons 
        Convention), designed to further reduce bilateral 
        threats and limit the proliferation of weapons of mass 
        destruction.
          (3) These far-reaching agreements were based on the 
        understanding between the United States and Russia that 
        there would be a good faith effort on both sides to 
        comply with the letter and spirit of the agreements.
          (4) Reports indicate that Russia has been pursuing 
        construction of a massive underground facility of 
        unknown purpose at Yamantau Mountain and the city of 
        Mezhgorye (formerly the settlements of Beloretsk-15 and 
        Beloretsk-16) that is designed to survive a nuclear war 
        and appears to exceed reasonable defense requirements.
          (5) The Yamantau Mountain project does not appear to 
        be consistent with the lowering of strategic threats, 
        openness, and cooperation that is the basis of the 
        post-Cold War strategic partnership between the United 
        States and Russia.
          (6) The United States has allowed senior Russian 
        military and government officials to have access to key 
        strategic facilities of the United States by providing 
        tours of the North American Air Defense (NORAD) command 
        at Cheyenne Mountain and the United States Strategic 
        Command (STRATCOM) headquarters in Omaha, Nebraska, 
        among other sites, and by providing extensive briefings 
        on the operations of those facilities.
    (b) Sense of Congress.--It is the sense of Congress that 
the Russian government--
          (1) should provide to the United States Government a 
        written explanation with sufficient detail (including 
        drawings and diagrams) of the purpose and operational 
        concept of the completed and planned facilities at 
        Yamantau Mountain to support a high confidence judgment 
        by the United States that the design of the Yamantau 
        facility is consistent with official Russian government 
        explanations; and
          (2) should allow a United States delegation, to 
        include officials of the executive branch and Members 
        of Congress, to have access to the Yamantau Mountain 
        project and buildings and facilities surrounding the 
        project.

SEC. 1228. ASSESSMENT OF THE CUBAN THREAT TO UNITED STATES NATIONAL 
                    SECURITY.

    (a) Findings.--Congress makes the following findings:
          (1) Cuba has maintained a hostile policy in its 
        relations with the United States for over 35 years.
          (2) The United States, as a sovereign nation, must be 
        able to respond to any Cuban provocation and defend the 
        people and territory of the United States against any 
        attack.
          (3) In 1994, the Government of Cuba callously 
        encouraged a massive exodus of Cubans, by boat and 
        raft, toward the United States during which countless 
        numbers of those Cubans lost their lives on the high 
        seas.
          (4) The humanitarian response of the United States to 
        rescue, shelter, and provide emergency care to those 
        Cubans, together with the actions taken to absorb some 
        30,000 of those Cubans into the United States, required 
        significant efforts and the expenditure of hundreds of 
        millions of dollars for the costs incurred by the 
        United States and State and local governments in 
        connection with those efforts.
          (5) On February 24, 1996, Cuban MiG aircraft attacked 
        and destroyed, in international airspace, two unarmed 
        civilian aircraft flying from the United States, and 
        the four persons in those unarmed civilian aircraft 
        were killed.
          (6) Since that attack, the Cuban government has 
        issued no apology for the attack, nor has it indicated 
        any intention to conform its conduct to international 
        law that is applicable to civilian aircraft operating 
        in international airspace.
    (b) Review and Assessment.--The Secretary of Defense shall 
carry out a comprehensive review and assessment of--
          (1) Cuban military capabilities; and
          (2) the threats to the national security of the 
        United States that may be posed by Cuba, including--
                  (A) such unconventional threats as (i) 
                encouragement of massive and dangerous 
                migration, and (ii) attacks on citizens and 
                residents of the United States while they are 
                engaged in peaceful protest in international 
                waters or airspace;
                  (B) the potential for development and 
                delivery of chemical or biological weapons; and
                  (C) the potential for internal strife in Cuba 
                that could involve citizens or residents of the 
                United States or the Armed Forces of the United 
                States.
    (c) Report.--Not later than March 31, 1998, the Secretary 
of Defense shall submit to the Committee on Armed Services of 
the Senate and the Committee on National Security of the House 
of Representatives a report on the review and assessment. The 
report shall include the following:
          (1) The Secretary's assessment of the capabilities 
        and threats referred to in subsection (b), including 
        each of the threats described in paragraph (2) of that 
        subsection.
          (2) A discussion of the results of the review and 
        assessment, including an assessment of the contingency 
        plans developed by the Secretary to counter any threat 
        posed by Cuba to the United States.
    (d) Consultation on Review and Assessment.--In performing 
the review and assessment and in preparing the report, the 
Secretary of Defense shall consult with the Chairman of the 
Joint Chiefs of Staff, the commander of the United States 
Southern Command, and the heads of other appropriate 
departments and agencies of the United States.

SEC. 1229. REPORT ON HELSINKI JOINT STATEMENT.

    (a) Requirement.--Not later than March 31, 1998, the 
President shall submit to the Committee on Armed Services of 
the Senate and the Committee on National Security of the House 
of Representatives a report on the Helsinki Joint Statement on 
future reductions in nuclear forces. The report shall address 
the United States approach (including verification 
implications) to implementing the Helsinki Joint Statement, in 
particular, as that Statement relates to the following:
          (1) Lower aggregate levels of strategic nuclear 
        warheads.
          (2) Measures relating to the transparency of 
        strategic nuclear warhead inventories and the 
        destruction of strategic nuclear warheads.
          (3) Deactivation of strategic nuclear delivery 
        vehicles.
          (4) Measures relating to nuclear long-range sea-
        launched cruise missiles and tactical nuclear systems.
          (5) Issues related to transparency in nuclear 
        materials.
    (b) Definition.--For purposes of this section, the term 
``Helsinki Joint Statement'' means the agreements between the 
President of the United States and the President of the Russian 
Federation as contained in the Joint Statement on Parameters on 
Future Reductions in Nuclear Forces issued at Helsinki in March 
1997.

SEC. 1230. COMMENDATION OF MEXICO ON FREE AND FAIR ELECTIONS.

    (a) Findings.--Congress makes the following findings:
          (1) On July 6, 1997, elections were conducted in 
        Mexico in order to fill 500 seats in the Chamber of 
        Deputies, 32 seats in the 128 seat Senate, the office 
        of the Mayor of Mexico City, and local elections in a 
        number of Mexican States.
          (2) For the first time, the federal elections were 
        organized by the Federal Electoral Institute, an 
        autonomous and independent organization established 
        under the Mexican Constitution.
          (3) More than 52,000,000 Mexican citizens registered 
        to vote.
          (4) Eight political parties registered to participate 
        in those elections, including the Institutional 
        Revolutionary Party (PRI), the National Action Party 
        (PAN), and the Democratic Revolutionary Party (PRD).
          (5) Since 1993, Mexican citizens have had the 
        exclusive right to participate as observers in 
        activities related to the preparation and the conduct 
        of elections.
          (6) Since 1994, Mexican law has permitted 
        international observers to be a part of the election 
        process.
          (7) With 84 percent of the ballots counted, PRI 
        candidates received 38 percent of the vote for seats in 
        the Chamber of Deputies, while PRD and PAN candidates 
        received 52 percent of the combined vote.
          (8) PRD candidate Cuauhtemoc Cardenas Solorzano has 
        become the first elected Mayor of Mexico City, a post 
        previously appointed by the President.
          (9) PAN members will now serve as governors in seven 
        of Mexico's 31 States.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the recent elections in Mexico were conducted in 
        a free, fair, and impartial manner;
          (2) the will of the Mexican people, as expressed 
        through the ballot box, has been respected by President 
        Ernesto Zedillo and officials throughout his 
        administration; and
          (3) President Zedillo, the Mexican Government, the 
        Federal Electoral Institute of Mexico, the political 
        parties and candidates, and most importantly the 
        citizens of Mexico should all be congratulated for 
        their support and participation in these very historic 
        elections.

SEC. 1231. SENSE OF CONGRESS REGARDING CAMBODIA.

    (a) Findings.--Congress makes the following findings:
          (1) During the 1970s and 1980s, Cambodia was wracked 
        by political conflict, war, and violence, including 
        genocide perpetrated by the Khmer Rouge from 1975 to 
        1979.
          (2) The 1991 Paris Agreements on a Comprehensive 
        Political Settlement of the Cambodia Conflict set the 
        stage for a process of political accommodation and 
        national reconciliation among Cambodia's warring 
        parties.
          (3) The international community engaged in a massive 
        effort involving more than $2,000,000,000 to ensure 
        peace, democracy, and prosperity in Cambodia following 
        the Paris Accords.
          (4) The Cambodian people clearly demonstrated their 
        support for democracy when 90 percent of eligible 
        Cambodian voters participated in United Nations-
        sponsored elections in 1993.
          (5) Since the 1993 elections, Cambodia has made 
        economic progress, as shown by the recent decision of 
        the Association of Southeast Asian Nations (ASEAN) to 
        extend membership in the Association to Cambodia.
          (6) Tensions within the ruling Cambodian coalition 
        have erupted into violence.
          (7) In March 1997, 19 Cambodians were killed and more 
        than 100 were wounded in a grenade attack on political 
        demonstrators supportive of the Funcinpec and the Khmer 
        Nation Party.
          (8) During June 1997, fighting erupted in Phnom Penh 
        between forces loyal to First Prime Minister Prince 
        Ranariddh and Second Prime Minister Hun Sen.
          (9) On July 5, 1997, Second Prime Minister Hun Sen 
        deposed the First Prime Minister in a violent coup 
        d'etat.
          (10) Forces loyal to Hun Sen have executed former 
        Interior Minister Ho Sok and approximately 40 other 
        political opponents loyal to Prince Ranariddh.
          (11) Democracy and stability in Cambodia are 
        threatened by the continued use of violence and other 
        extralegal means to resolve political tensions.
          (12) In response to the July 1997 coup in Cambodia 
        referred to in paragraph (9)--
                  (A) the President has suspended all direct 
                assistance to the Cambodian Government; and
                  (B) the Association of Southeast Asian 
                Nations (ASEAN) has decided to delay 
                indefinitely admission of Cambodia to 
                membership in the Association.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the parties in Cambodia should immediately cease 
        the use of violence;
          (2) the United States should take all necessary steps 
        to ensure the safety of United States citizens in 
        Cambodia;
          (3) the United States should call an emergency 
        meeting of the United Nations Security Council to 
        consider all options to restore peace and democratic 
        governance in Cambodia;
          (4) the United States and the Association of 
        Southeast Asian Nations should work together to take 
        immediate steps to restore democracy and the rule of 
        law in Cambodia;
          (5) United States assistance to the Government of 
        Cambodia should remain suspended until violence ends, 
        the democratically elected Government is restored to 
        power, and the necessary steps have been taken to 
        ensure that the elections scheduled for 1998 take 
        place; and
          (6) the United States should take all necessary steps 
        to encourage other donor nations to suspend assistance 
        as part of a multilateral effort.

SEC. 1232. CONGRATULATING GOVERNOR CHRISTOPHER PATTEN OF HONG KONG.

    (a) Findings.--Congress makes the following findings:
          (1) His Excellency Christopher F. Patten, the former 
        Governor of Hong Kong, was the twenty-eighth and last 
        British Governor of the dependent territory of Hong 
        Kong before that territory reverted back to the 
        People's Republic of China on July 1, 1997.
          (2) Christopher Patten was a superb administrator and 
        an inspiration to the people whom he governed.
          (3) During Christopher Patten's five years as 
        Governor of Hong Kong, the economy flourished under his 
        stewardship, growing by more than 30 percent in real 
        terms.
          (4) Christopher Patten presided over a capable and 
        honest civil service.
          (5) During the tenure of Christopher Patten as 
        Governor of Hong Kong, common crime declined and the 
        political climate was positive and stable.
          (6) The legacy of Christopher Patten to Hong Kong is 
        the expansion of democracy in Hong Kong's legislative 
        council and a tireless devotion to the rights, 
        freedoms, and welfare of the people of Hong Kong.
          (7) Christopher Patten fulfilled the commitment of 
        the British Government to ``put in place a solidly 
        based democratic administration'' in Hong Kong before 
        July 1, 1997.
    (b) Sense of Congress.--It is the sense of the Congress 
that Christopher F. Patten, the last British Governor of the 
dependent territory of Hong Kong--
          (1) served his country with great honor and 
        distinction in that capacity; and
          (2) deserves special thanks and recognition from the 
        United States for his tireless efforts to develop and 
        nurture democracy in Hong Kong.

            TITLE XIII--ARMS CONTROL AND RELATED MATTERS\17\

          * * * * * * *
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    \17\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. F.
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 TITLE XIV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET 
                               UNION\18\

          * * * * * * *
---------------------------------------------------------------------------
    \18\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. F.
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 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

   Subtitle C--Program Authorizations, Restrictions, and Limitations

          * * * * * * *

SEC. 3133. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP.

    (a) Funding Prohibition.--No funds authorized to be 
appropriated or otherwise available to the Department of Energy 
for fiscal year 1998 may be obligated or expended to conduct 
any activities associated with international cooperative 
stockpile stewardship.
    (b) Exceptions.--Subsection (a) does not apply to the 
following:
          (1) Activities conducted between the United States 
        and the United Kingdom.
          (2) Activities conducted between the United States 
        and France.
          (3) Activities carried out under title III of this 
        Act relating to cooperative threat reduction with 
        states of the former Soviet Union.
          * * * * * * *

                       Subtitle D--Other Matters

          * * * * * * *

SEC. 3156.\19\ STOCKPILE STEWARDSHIP PROGRAM.

    (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \19\42 U.S.C. 2121 note.
---------------------------------------------------------------------------
          (1) Eliminating the threat posed by nuclear weapons 
        to the United States is an important national security 
        goal.
          (2) As long as nuclear threats remain, the nuclear 
        deterrent of the United States must be effective and 
        reliable.
          (3) A safe, secure, effective, and reliable United 
        States nuclear stockpile is central to the current 
        nuclear deterrence strategy of the United States.
          (4) The Secretary of Energy has undertaken a 
        stockpile stewardship and management program to ensure 
        the safety, security, effectiveness, and reliability of 
        the nuclear weapons stockpile of the United States, 
        consistent with all United States treaty requirements 
        and the requirements of the nuclear deterrence strategy 
        of the United States.
          (5) It is the policy of the current administration 
        that new nuclear warhead designs are not required to 
        effectively implement the nuclear deterrence strategy 
        of the United States.
    (b) Policy.--It is the policy of the United States that--
          (1) activities of the stockpile stewardship program 
        shall be directed toward ensuring that the United 
        States possesses a safe, secure, effective, and 
        reliable nuclear stockpile, consistent with the 
        national security requirements of the United States; 
        and
          (2) stockpile stewardship activities of the United 
        States shall be conducted in conformity with the terms 
        of the Treaty on the Non-Proliferation of Nuclear 
        Weapons and the Comprehensive Test Ban Treaty signed by 
        the President on September 24, 1996, when and if that 
        treaty enters into force.

SEC. 3157.\20\ REPORTS ON ADVANCED SUPERCOMPUTER SALES TO CERTAIN 
                    FOREIGN NATIONS.

    (a) Reports.--The Secretary of Energy shall require that 
any company that is a participant in the Accelerated Strategic 
Computing Initiative (ASCI) program of the Department of Energy 
report to the Secretary and to the Secretary of Defense each 
sale by that company to a country designated as a Tier III 
country of a computer capable of operating at a speed in excess 
of 2,000 millions theoretical operations per second (MTOPS). 
The report shall include a description of the following with 
respect to each such sale:
---------------------------------------------------------------------------
    \20\50 U.S.C. app. 2404 note.
---------------------------------------------------------------------------
          (1) The anticipated end-use of the computer sold.
          (2) The software included with the computer.
          (3) Any arrangement under the terms of the sale 
        regarding--
                  (A) upgrading the computer;
                  (B) servicing the computer; or
                  (C) furnishing spare parts for the computer.
    (b) Covered Countries.--For purposes of this section, the 
countries designated as Tier III countries are the countries 
listed as ``computer tier 3'' eligible countries in part 740.7 
of title 15 of the Code of Federal Regulations, as in effect on 
June 10, 1997 (or any successor list).
    (c) Quarterly Submission of Reports.--The Secretary of 
Energy shall require that reports under subsection (a) be 
submitted quarterly.
    (d) Annual Report.--The Secretary of Energy shall submit to 
Congress an annual report containing all information received 
under subsection (a) during the preceding year. The first 
annual report shall be submitted not later than July 1, 1998.
          * * * * * * *

SEC. 3163. MODIFICATION OF AUTHORITY ON COMMISSION ON MAINTAINING 
                    UNITED STATES NUCLEAR WEAPONS EXPERTISE.

    (a) Commencement of Activities.--Subsection (b)(1) of 
section 3162 of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2844; 42 U.S.C. 
2121 note) is amended, effective January 1, 1998--\21\
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    \21\For amended text, see page 517.
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          * * * * * * *

                TITLE XXXV--PANAMA CANAL COMMISSION\22\

          * * * * * * *
---------------------------------------------------------------------------
    \22\Amendments to the Panama Canal Act have been incorporated into 
that Act; see Legislation on Foreign Relations Through 1997, vol. II, 
sec. G.
           c. Department of Defense Appropriations Act, 1998

Partial text of Public Law 105-56 [H.R. 2266], 111 Stat. 1203, approved 
                            October 8, 1997

  AN ACT Making appropriations for the Department of Defense 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, for military functions administered by the 
Department of Defense, and for other purposes, namely:
          * * * * * * *

                                TITLE II

                       OPERATION AND MAINTENANCE

          * * * * * * *

             Overseas Contingency Operations Transfer Fund

    For expenses directly relating to Overseas Contingency 
Operations by United States military forces; $1,884,000,000: 
Provided, That the Secretary of Defense may transfer these 
funds only to operation and maintenance accounts within this 
title, and working capital funds: 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 contained elsewhere in this Act.
          * * * * * * *

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, 
Disaster, and Civic Aid programs of the Department of Defense 
(consisting of the programs provided under sections 401, 402, 
404, 2547, and 2551 of title 10, United States Code); 
$47,130,000, to remain available until September 30, 1999.

                  Former Soviet Union Threat Reduction

    For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure 
transportation and storage of nuclear, chemical and other 
weapons; for establishing programs to prevent the proliferation 
of weapons, weapons components, and weapon-related technology 
and expertise; for programs relating to the training and 
support of defense and military personnel for demilitarization 
and protection of weapons, weapons components and weapons 
technology and expertise; $382,200,000, to remain available 
until September 30, 2000: Provided, That of the amounts 
provided under this heading, $35,000,000 shall be available 
only to support the dismantling and disposal of nuclear 
submarines and submarine reactor components in the Russian Far 
East: Provided further, That of the amounts provided under this 
heading, $5,000,000 shall be available only for the Arctic 
Military Environmental Cooperation Program.
          * * * * * * *

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

          * * * * * * *

           Chemical Agents and Munitions Destruction, Defense

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical 
agents and munitions in accordance with the provisions of 
section 1412 of the Department of Defense Authorization Act, 
1986 (50 U.S.C. 1521), and for the destruction of other 
chemical warfare materials that are not in the chemical weapon 
stockpile, $600,700,000, of which $462,200,000 shall be for 
Operation and maintenance, $72,200,000 shall be for Procurement 
to remain available until September 30, 2000, and $66,300,000 
shall be for Research, development, test and evaluation to 
remain available until September 30, 1999: Provided, That of 
the funds available under this heading, $1,000,000 shall be 
available until expended each year only for a Johnston Atoll 
off-island leave program: Provided further, That the 
Secretaries concerned shall, pursuant to uniform regulations, 
prescribe travel and transportation allowances for travel by 
participants in the off-island leave program.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

    For drug interdiction and counter-drug activities of the 
Department of Defense, for transfer to appropriations available 
to the Department of Defense for military personnel of the 
reserve components serving under the provisions of title 10 and 
title 32, United States Code; for Operation and maintenance; 
for Procurement; and for Research, development, test and 
evaluation; $712,882,000: Provided, That the funds appropriated 
under this head shall be available for obligation for the same 
time period and for the same purpose as the appropriation to 
which transferred: Provided further, That the transfer 
authority provided in this paragraph is in addition to any 
transfer authority contained elsewhere in this Act.
          * * * * * * *

                               TITLE VIII

                           GENERAL PROVISIONS

          * * * * * * *
    Sec. 8002.\1\ During the current fiscal year, provisions of 
law prohibiting the payment of compensation to, or employment 
of, any person not a citizen of the United States shall not 
apply to personnel of the Department of Defense: Provided, That 
salary increases granted to direct and indirect hire foreign 
national employees of the Department of Defense funded by this 
Act shall not be at a rate in excess of the percentage increase 
authorized by law for civilian employees of the Department of 
Defense whose pay is computed under the provisions of section 
5332 of title 5, United States Code, or at a rate in excess of 
the percentage increase provided by the appropriate host nation 
to its own employees, whichever is higher: Provided further, 
That this section shall not apply to Department of Defense 
foreign service national employees serving at United States 
diplomatic missions whose pay is set by the Department of State 
under the Foreign Service Act of 1980: Provided further, That 
the limitations of this provision shall not apply to foreign 
national employees of the Department of Defense in the Republic 
of Turkey.
---------------------------------------------------------------------------
    \1\10 U.S.C. 1584 note.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 8009.\2\ Within the funds appropriated for the 
operation and maintenance of the Armed Forces, funds are hereby 
appropriated pursuant to section 401 of title 10, United States 
Code, for humanitarian and civic assistance costs under chapter 
20 of title 10, United States Code. Such funds may also be 
obligated for humanitarian and civic assistance costs 
incidental to authorized operations and pursuant to authority 
granted in section 401 of chapter 20 of title 10, United States 
Code, and these obligations shall be reported to Congress on 
September 30 of each year: Provided, That funds available for 
operation and maintenance shall be available for providing 
humanitarian and similar assistance by using Civic Action Teams 
in the Trust Territories of the Pacific Islands and freely 
associated states of Micronesia, pursuant to the Compact of 
Free Association as authorized by Public Law 99-239: Provided 
further, That upon a determination by the Secretary of the Army 
that such action is beneficial for graduate medical education 
programs conducted at Army medical facilities located in 
Hawaii, the Secretary of the Army may authorize the provision 
of medical services at such facilities and transportation to 
such facilities, on a nonreimbursable basis, for civilian 
patients from American Samoa, the Commonwealth of the Northern 
Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam.
---------------------------------------------------------------------------
    \2\10 U.S.C. 401 note.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 8019.\3\ Notwithstanding any other provision of law, 
during the current fiscal year, the Secretary of Defense may, 
by executive agreement, establish with host nation governments 
in NATO member states a separate account into which such 
residual value amounts negotiated in the return of United 
States military installations in NATO member states may be 
deposited, in the currency of the host nation, in lieu of 
direct monetary transfers to the United States Treasury: 
Provided, That such credits may be utilized only for the 
construction of facilities to support United States military 
forces in that host nation, or such real property maintenance 
and base operating costs that are currently executed through 
monetary transfers to such host nations: Provided further, That 
the Department of Defense's budget submission for fiscal year 
1999 shall identify such sums anticipated in residual value 
settlements, and identify such construction, real property 
maintenance or base operating costs that shall be funded by the 
host nation through such credits: Provided further, That all 
military construction projects to be executed from such 
accounts must be previously approved in a prior Act of 
Congress: Provided further, That each such executive agreement 
with a NATO member host nation shall be reported to the 
congressional defense committees, the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate 30 days prior to 
the conclusion and endorsement of any such agreement 
established under this provision.
---------------------------------------------------------------------------
    \3\10 U.S.C. 2687 note.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 8033. During the current fiscal year, the Department 
of Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of 
title 10, United States Code, in anticipation of receipt of 
contributions, only from the Government of Kuwait, under that 
section: Provided, That, upon receipt, such contributions from 
the Government of Kuwait shall be credited to the 
appropriations or fund which incurred such obligations.
          * * * * * * *
    Sec. 8040.\4\ (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, 
determines that a foreign country which is party to an 
agreement described in paragraph (2) has violated the terms of 
the agreement by discriminating against certain types of 
products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the 
Secretary's blanket waiver of the Buy American Act with respect 
to such types of products produced in that foreign country.
---------------------------------------------------------------------------
    \4\41 U.S.C. 10b-2.
---------------------------------------------------------------------------
    (2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of understanding, 
between the United States and a foreign country pursuant to 
which the Secretary of Defense has prospectively waived the Buy 
American Act for certain products in that country.
    (b) The Secretary of Defense shall submit to Congress a 
report on the amount of Department of Defense purchases from 
foreign entities in fiscal year 1998. Such report shall 
separately indicate the dollar value of items for which the Buy 
American Act was waived pursuant to any agreement described in 
subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 
2501 et seq.), or any international agreement to which the 
United States is a party.
    (c) For purposes of this section, the term ``Buy American 
Act'' means title III of the Act entitled ``An Act making 
appropriations for the Treasury and Post Office Departments for 
the fiscal year ending June 30, 1934, and for other purposes'', 
approved March 3, 1933 (41 U.S.C. 10a et seq.).
          * * * * * * *
    Sec. 8049. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by section 
2921(c)(1) of the National Defense Authorization Act of 1991 
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
until expended for the payments specified by section 2921(c)(2) 
of that Act.
    Sec. 8050. Of the funds appropriated or otherwise made 
available by this Act, not more than $119,200,000 shall be 
available for payment of the operating costs of NATO 
Headquarters: Provided, That the Secretary of Defense may waive 
this section for Department of Defense support provided to NATO 
forces in and around the former Yugoslavia.
          * * * * * * *
    Sec. 8066. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for 
assistance to the Democratic People's Republic of North Korea 
unless specifically appropriated for that purpose.
          * * * * * * *
    Sec. 8071. (a)\5\ None of the funds available to the 
Department of Defense for any fiscal year for drug interdiction 
or counter-drug activities may be transferred to any other 
department or agency of the United States except as 
specifically provided in an appropriations law.
---------------------------------------------------------------------------
    \5\10 U.S.C. 374 note.
---------------------------------------------------------------------------
    (b)\6\ None of the funds available to the Central 
Intelligence Agency for any fiscal year for drug interdiction 
and counter-drug activities may be transferred to any other 
department or agency of the United States except as 
specifically provided in an appropriations law.
---------------------------------------------------------------------------
    \6\50 U.S.C. 403 note.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 8079. (a) The Secretary of Defense shall submit, on a 
quarterly basis, a report to the congressional defense 
committees, the Committee on International Relations of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate setting forth all costs (including incremental 
costs) incurred by the Department of Defense during the 
preceding quarter in implementing or supporting resolutions of 
the United Nations Security Council, including any such 
resolution calling for international sanctions, international 
peacekeeping operations, and humanitarian missions undertaken 
by the Department of Defense. The quarterly report shall 
include an aggregate of all such Department of Defense costs by 
operation or mission.
    (b) The Secretary of Defense shall detail in the quarterly 
reports all efforts made to seek credit against past United 
Nations expenditures and all efforts made to seek compensation 
from the United Nations for costs incurred by the Department of 
Defense in implementing and supporting United Nations 
activities.
    Sec. 8080. (a) Limitation on Transfer of Defense Articles 
and Services.--Notwithstanding any other provision of law, none 
of the funds available to the Department of Defense for the 
current fiscal year may be obligated or expended to transfer to 
another nation or an international organization any defense 
articles or services (other than intelligence services) for use 
in the activities described in subsection (b) unless the 
congressional defense committees, the Committee on 
International Relations of the House of Representatives, and 
the Committee on Foreign Relations of the Senate are notified 
15 days in advance of such transfer.
    (b) Covered Activities.--This section applies to--
          (1) any international peacekeeping or peace-
        enforcement operation under the authority of chapter VI 
        or chapter VII of the United Nations Charter under the 
        authority of a United Nations Security Council 
        resolution; and
          (2) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.
    (c) Required Notice.--A notice under subsection (a) shall 
include the following:
          (1) A description of the equipment, supplies, or 
        services to be transferred.
          (2) A statement of the value of the equipment, 
        supplies, or services to be transferred.
          (3) In the case of a proposed transfer of equipment 
        or supplies--
                  (A) a statement of whether the inventory 
                requirements of all elements of the Armed 
                Forces (including the reserve components) for 
                the type of equipment or supplies to be 
                transferred have been met; and
                  (B) a statement of whether the items proposed 
                to be transferred will have to be replaced and, 
                if so, how the President proposes to provide 
                funds for such replacement.
    Sec. 8081. To the extent authorized by subchapter VI of 
chapter 148 of title 10, United States Code, the Secretary of 
Defense shall issue loan guarantees in support of United States 
defense exports not otherwise provided for: Provided, That the 
total contingent liability of the United States for guarantees 
issued under the authority of this section may not exceed 
$15,000,000,000: Provided further, That the exposure fees 
charged and collected by the Secretary for each guarantee, 
shall be paid by the country involved and shall not be financed 
as part of a loan guaranteed by the United States: Provided 
further, That the Secretary shall provide quarterly reports to 
the Committees on Appropriations, Armed Services and Foreign 
Relations of the Senate and the Committees on Appropriations, 
National Security and International Relations in the House of 
Representatives on the implementation of this program: Provided 
further, That amounts charged for administrative fees and 
deposited to the special account provided for under section 
2540c(d) of title 10, shall be available for paying the costs 
of administrative expenses of the Department of Defense that 
are attributable to the loan guarantee program under subchapter 
VI of chapter 148 of title 10.
    Sec. 8082. None of the funds available to the Department of 
Defense shall be obligated or expended to make a financial 
contribution to the United Nations for the cost of an United 
Nations peacekeeping activity (whether pursuant to assessment 
or a voluntary contribution) or for payment of any United 
States arrearage to the United Nations.
          * * * * * * *
    Sec. 8085. None of the funds provided in title II of this 
Act for ``Former Soviet Union Threat Reduction'' may be 
obligated or expended to finance housing for any individual who 
was a member of the military forces of the Soviet Union or for 
any individual who is or was a member of the military forces of 
the Russian Federation.
          * * * * * * *
    Sec. 8094. The Secretary of Defense may waive reimbursement 
of the cost of conferences, seminars, courses of instruction, 
or similar educational activities of the Asia-Pacific Center 
for Security Studies for military officers and civilian 
officials of foreign nations if the Secretary determines that 
attendance by such personnel, without reimbursement, is in the 
national security interest of the United States: Provided, That 
costs for which reimbursement is waived pursuant to this 
subsection shall be paid from appropriations available for the 
Asia-Pacific Center.
          * * * * * * *
    Sec. 8115. It is the sense of the Congress that all member 
nations of the North Atlantic Treaty Organization (NATO) should 
contribute their proportionate share to pay for the costs of 
the Partnership for Peace program and for any future costs 
attributable to the expansion of NATO.
    Sec. 8116.\7\ The budget of the President for fiscal year 
1999 submitted to Congress pursuant to section 1105 of title 
31, United States Code, and each annual budget request 
thereafter, shall include budget activity groups (known as 
``subactivities'') in the operation and maintenance accounts of 
the military departments and other appropriation accounts, as 
may be necessary, to separately identify all costs incurred by 
the Department of Defense to support the expansion of the North 
Atlantic Treaty Organization. The budget justification 
materials submitted to Congress in support of the budget of the 
Department of Defense for fiscal year 1999, and subsequent 
fiscal years, shall provide complete, detailed estimates for 
the incremental costs of such expansion.
---------------------------------------------------------------------------
    \7\10 U.S.C. 221 note.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 8118. None of the funds made available in this Act may 
be used to approve or license the sale of the F-22 advanced 
tactical fighter to any foreign government.
          * * * * * * *
    Sec. 8122. (a) Findings.--(1) The North Atlantic Treaty 
Organization, at the Madrid summit, decided to admit three new 
members, the Czech Republic, Poland and Hungary.
    (2) The President, on behalf of the United States endorsed 
and advocated the expansion of the North Atlantic Treaty 
Organization to include three additional members.
    (3) The Senate will consider the ratification of 
instruments to approve the admissions of new members to the 
North Atlantic Treaty Organization.
    (4) The United States has contributed more than 
$20,000,000,000 since 1952 for infrastructure and support of 
the Alliance.
    (5) In appropriations Acts considered by the Congress for 
fiscal year 1998, $449,000,000 has been requested by the 
President for expenditures in direct support of United States 
participation in the Alliance.
    (6) In appropriations Acts considered by the Congress for 
fiscal year 1998, $9,983,300,000 has been requested by the 
President in support of United States military expenditures in 
North Atlantic Treaty Organization countries.
    (b) Report to Congress.--The Secretary of Defense shall 
identify and report to the congressional defense committees not 
later than October 1, 1997--
          (1) the amounts necessary, by appropriation account, 
        for all anticipated costs to the United States for the 
        admission of the Czech Republic, Poland and Hungary to 
        the North Atlantic Treaty Organization for the fiscal 
        years 1998, 1999, 2000, 2001 and 2002; and
          (2) any new commitments or obligations entered into 
        or assumed by the United States in association with the 
        admission of new members to the Alliance, to include 
        the deployment of United States military personnel, the 
        provision of defense articles or equipment, training 
        activities and the modification and construction of 
        military facilities.
    Sec. 8123. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each 
limitation on the procurement of defense items from foreign 
sources provided in law if the Secretary determines that the 
application of the limitation with respect to that country 
would invalidate cooperative programs entered into between the 
Department of Defense and the foreign country, or would 
invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, 
United States Code, and the country does not discriminate 
against the same or similar defense items produced in the 
United States for that country.
    (b) Subsection (a) applies with respect to--
          (1) contracts and subcontracts entered into on or 
        after the date of the enactment of this Act; and
          (2) options for the procurement of items that are 
        exercised after such date under contracts that are 
        entered into before such date if the option prices are 
        adjusted for any reason other than the application of a 
        waiver granted under subsection (a).
    (c) Subsection (a) does not apply to a limitation regarding 
construction of warships, ball and roller bearings, and 
clothing or textile materials as defined by section 11 
(chapters 50-65) of the Harmonized Tariff Schedule and products 
classified under headings 4010, 4202, 4203, 6401 through 6406, 
6505, 7019, and 9404.
    Sec. 8124. It is the sense of Congress that should the 
Senate ratify NATO enlargement, that the proportional cost of 
the United States share of the NATO common budget should not 
increase, and that if any NATO member does not pay its share, 
the United States shall not pay either.
          * * * * * * *
    Sec. 8132. None of the funds in this Act may be made 
available for the deployment of United States Armed Forces in 
the Republic of Bosnia and Herzegovina after June 30, 1998, 
unless the President, after consultation with the bipartisan 
leadership of the Senate and the House of Representatives, 
transmits to the Congress not later than May 15, 1998 a 
certification that the continued presence of United States 
Armed Forces is required in order to meet the national security 
interests of the United States: Provided, That such 
certification shall specify the following aspects of any 
deployment beyond June 30, 1998--
          (1) the reasons why such deployment is in the 
        national interest;
          (2) the number of United States military personnel to 
        be deployed in and around the Republic of Bosnia and 
        Herzegovina and the former Yugoslavia;
          (3) the expected duration of any such deployment;
          (4) the mission and objectives of United States 
        military forces deployed in and around the Republic of 
        Bosnia and Herzegovina and the former Yugoslavia;
          (5) the exit strategy for United States forces 
        engaged in such deployment;
          (6) the costs associated with any deployment beyond 
        June 30, 1998; and
          (7) the impact of such deployment on the morale, 
        retention, and effectiveness of United States forces:
Provided further, That concurrent with said certification, the 
President shall submit a supplemental appropriations request 
for such amounts as are necessary for any continued deployment 
beyond June 30, 1998: Provided further, That nothing in this 
section shall be deemed to restrict the authority of the 
President under the Constitution to protect the lives of United 
States citizens.
    This Act may be cited as the ``Department of Defense 
Appropriations Act, 1998''.
  d. 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.
          * * * * * * *
       e. National Defense Authorization Act for Fiscal Year 1997

    Partial text of Public Law 104-201 [H.R. 3230], 110 Stat. 2422, 
  approved September 23, 1996; amended by Public Law 105-85 [National 
 Defense Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 
                    1629, approved November 18, 1997

 AN ACT To authorize appropriations for fiscal year 1997 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 1997''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
          (1) the Committee on Armed Services and the Committee 
        on Appropriations of the Senate; and
          (2) the Committee on National Security and the 
        Committee on Appropriations of the House of 
        Representatives.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

          * * * * * * *

              Subtitle A--Authorization of Appropriations

          * * * * * * *

SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

    There is hereby authorized to be appropriated for fiscal 
year 1997 the amount of $759,847,000 for--
          (1) the destruction of lethal chemical agents and 
        munitions in accordance with section 1412 of the 
        Department of Defense Authorization Act, 1986 (50 
        U.S.C. 1521); and
          (2) the destruction of chemical warfare materiel of 
        the United States that is not covered by section 1412 
        of such Act.
          * * * * * * *

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

          * * * * * * *

    Subtitle B--Program Requirements, Restrictions, and Limitations

          * * * * * * *

SEC. 229. CERTIFICATION OF CAPABILITY OF UNITED STATES TO PREVENT 
                    ILLEGAL IMPORTATION OF NUCLEAR, BIOLOGICAL, AND 
                    CHEMICAL WEAPONS.

    Not later than 15 days after the date of the enactment of 
this Act, the President shall submit to Congress a 
certification in writing stating specifically whether or not 
the United States has the capability (as of the date of the 
certification) to prevent the illegal importation of nuclear, 
biological, and chemical weapons into the United States and its 
possessions.
          * * * * * * *

SEC. 231. COUNTERPROLIFERATION SUPPORT PROGRAM.

    (a) Funding.--Of the funds authorized to be appropriated to 
the Department of Defense under section 201(4), $186,200,000 
shall be available for the Counterproliferation Support 
Program, of which $75,000,000 shall be available for a tactical 
antisatellite technologies program.
    (b) Additional Authority To Transfer Authorizations.--(1) 
In addition to the transfer authority provided in section 1001, 
upon determination by the Secretary of Defense that such action 
is necessary in the national interest, the Secretary may 
transfer amounts of authorizations made available to the 
Department of Defense in this division for fiscal year 1997 to 
counterproliferation programs, projects, and activities 
identified as areas for progress by the Counterproliferation 
Program Review Committee established by section 1605 of the 
National Defense Authorization Act for Fiscal Year 1994 (22 
U.S.C. 2751 note). Amounts of authorizations so transferred 
shall be merged with and be available for the same purposes as 
the authorization to which transferred.
    (2) The total amount of authorizations transferred under 
the authority of this subsection may not exceed $50,000,000.
    (3) The authority provided by this subsection to transfer 
authorizations--
          (A) may only be used to provide authority for items 
        that have a higher priority than the items from which 
        authority is transferred; and
          (B) may not be used to provide authority for an item 
        that has been denied authorization by Congress.
    (4) A transfer made from one account to another under the 
authority of this subsection shall be deemed to increase the 
amount authorized for the account to which the amount is 
transferred by an amount equal to the amount transferred.
    (5) The Secretary of Defense shall promptly notify Congress 
of transfers made under the authority of this subsection.
    (c) Limitation on Use of Funds for Technical Studies and 
Analyses Pending Release of Funds.--(1) None of the funds 
authorized to be appropriated to the Department of Defense for 
fiscal year 1997 for program element 605104D, relating to 
technical studies and analyses, may be obligated or expended 
until the funds referred to in paragraph (2) have been released 
to the program manager of the tactical anti-satellite 
technology program for implementation of that program.
    (2) The funds for release referred to in paragraph (1) are 
as follows:
          (A) Funds authorized to be appropriated by section 
        218(a) of the National Defense Authorization Act for 
        Fiscal Year 1996 (Public Law 104-106; 110 Stat. 222) 
        that are available for the program referred to in 
        paragraph (1).
          (B) Funds authorized to be appropriated to the 
        Department for fiscal year 1997 by this Act for the 
        Counterproliferation Support Program that are to be 
        made available for that program.

             Subtitle C--Ballistic Missile Defense Programs

SEC. 241. FUNDING FOR BALLISTIC MISSILE DEFENSE PROGRAMS FOR FISCAL 
                    YEAR 1997.

    (a) Program Amounts.--Of the amount appropriated pursuant 
to section 201(4), the following amounts may be obligated for 
the following systems managed by the Ballistic Missile Defense 
Organization:
          (1) For the Theater High Altitude Area Defense 
        (THAAD) System, $621,798,000.
          (2) For the Navy Upper Tier (Theater Wide) system, 
        $304,171,000.
          (3) For the National Missile Defense System, 
        $858,437,000.
          (4) For the Corps Surface-to-Air Missile (SAM)/Medium 
        Extended Air Defense System (MEADS), $56,200,000.
    (b) Limitation.--None of the funds appropriated or 
otherwise made available for the Department of Defense pursuant 
to this or any other Act may be obligated or expended by the 
Office of the Under Secretary of Defense for Acquisition and 
Technology for official representation activities, or related 
activities, until the Secretary of Defense certifies to 
Congress that--
          (1) the Secretary has made available for obligation 
        the funds provided under subsection (a) for the 
        purposes specified in that subsection and in the 
        amounts appropriated pursuant to that subsection; and
          (2) the Secretary has included the Navy Upper Tier 
        theater missile defense system in the theater missile 
        defense core program.
    (c) Limitations.--Not more than $15,000,000 of the amount 
available for the Corps SAM/MEADS program under subsection (a) 
may be obligated until the Secretary of Defense submits to the 
congressional defense committees the following:
          (1) An initial program estimate for the Corps SAM/
        MEADS program, including a tentative schedule of major 
        milestones and an estimate of the total program cost 
        through initial operational capability.
          (2) A report on the options associated with the use 
        of existing systems, technologies, and program 
        management mechanisms to satisfy the requirement for 
        the Corps surface-to-air missile, including an 
        assessment of cost and schedule implications in 
        relation to the program estimate submitted under 
        paragraph (1).
          (3) A certification that there will be no increase in 
        overall United States funding commitment to the project 
        definition and validation phase of the Corps SAM/MEADS 
        program as a result of the withdrawal of France from 
        participation in the program.

SEC. 242. CERTIFICATION OF CAPABILITY OF UNITED STATES TO DEFEND 
                    AGAINST SINGLE BALLISTIC MISSILE.

    Not later than 15 days after the date of the enactment of 
this Act, the President shall submit to Congress a 
certification in writing stating specifically whether or not 
the United States has the military capability (as of the time 
of the certification) to intercept and destroy a single 
ballistic missile launched at the territory of the United 
States.

SEC. 243. REPORT ON BALLISTIC MISSILE DEFENSE AND PROLIFERATION.

    The Secretary of Defense shall submit to Congress a report 
on ballistic missile defense and the proliferation of weapons 
of mass destruction, including nuclear, chemical, and 
biological weapons, and the missiles that can be used to 
deliver them. The report shall be submitted not later than 
December 31, 1996, and shall include the following:
          (1) An assessment of how United States theater 
        missile defenses contribute to United States efforts to 
        prevent proliferation, including an evaluation of the 
        specific effect United States theater missile defense 
        systems can have on dissuading other states from 
        acquiring ballistic missiles.
          (2) An assessment of how United States national 
        missile defenses contribute to United States efforts to 
        prevent proliferation.
          (3) An assessment of the effect of the lack of 
        national missile defenses on the desire of other states 
        to acquire ballistic missiles and an evaluation of the 
        types of missiles other states might seek to acquire as 
        a result.
          (4) A detailed review of the linkages between missile 
        defenses (both theater and national) and each of the 
        categories of counterproliferation activities 
        identified by the Secretary of Defense as part of the 
        Defense Counterproliferation Initiative announced by 
        the Secretary in December 1993.
          (5) A description of how theater and national 
        ballistic missile defenses can augment the 
        effectiveness of other counterproliferation tools.

SEC. 244. REVISION TO ANNUAL REPORT ON BALLISTIC MISSILE DEFENSE 
                    PROGRAM.

    Section 224(b) of the National Defense Authorization Act 
for Fiscal Years 1990 and 1991 (10 U.S.C. 2431 note) is 
amended-- * * *\1\
---------------------------------------------------------------------------
    \1\For amended text, see page 758.
---------------------------------------------------------------------------

SEC. 245. REPORT ON AIR FORCE NATIONAL MISSILE DEFENSE PLAN.

    Not later than 120 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the 
Committee on Armed Services of the Senate and the Committee on 
National Security of the House of Representatives a report on 
the following matters regarding the National Missile Defense 
Plan of the Air Force:
          (1) The cost and operational effectiveness of a 
        system that could be developed pursuant to that plan.
          (2) The arms control implications of such a system.
          (3) The growth potential of such a system to meet 
        future threats.
          (4) The recommendations of the Secretary for 
        improvements to that plan.

SEC. 246. CAPABILITY OF NATIONAL MISSILE DEFENSE SYSTEM.

    The Secretary of Defense shall ensure that any National 
Missile Defense system deployed by the United States is capable 
of defeating the threat posed by the Taepo Dong II missile of 
North Korea.

SEC. 247. ACTIONS TO LIMIT ADVERSE EFFECTS ON PRIVATE SECTOR EMPLOYMENT 
                    OF ESTABLISHMENT OF NATIONAL MISSILE DEFENSE JOINT 
                    PROGRAM OFFICE.

    The Secretary of Defense shall take such actions as are 
necessary in connection with the establishment of the National 
Missile Defense Joint Program Office within the Ballistic 
Missile Defense Organization to ensure that the establishment 
of that office does not make it necessary for a Federal 
Government contractor to reduce significantly the number of 
persons employed by that contractor for supporting the national 
missile defense development program at any particular location 
outside the National Capital Region (as defined in section 
2674(f)(2) of title 10, United States Code).

SEC. 248. ABM TREATY DEFINED.

    For purposes of this subtitle, the term ``ABM Treaty'' 
means the Treaty Between the United States of America and the 
Union of Soviet Socialist Republics on the Limitation of Anti-
Ballistic Missile Systems, and signed at Moscow on May 26, 
1972, and includes the Protocols to that Treaty, signed at 
Moscow on July 3, 1974.

                       Subtitle D--Other Matters

          * * * * * * *

SEC. 268. DESALTING TECHNOLOGIES.

    (a) Findings.--Congress makes the following findings:
          (1) Access to scarce fresh water is likely to be a 
        cause of future military conflicts in the Middle East 
        and has a direct impact on stability and security in 
        the region.
          (2) The Middle East is an area of vital and strategic 
        importance to the United States.
          (3) The United States has played a military role in 
        the Middle East, most recently in the Persian Gulf War, 
        and may likely be called upon again to deter aggression 
        in the region.
          (4) United States troops have used desalting 
        technologies to guarantee the availability of fresh 
        water in past deployments in the Middle East.
          (5) Adequate, efficient, and cheap access to high-
        quality fresh water will be vital to maintaining the 
        readiness and sustainability of troops of both the 
        United States and its allies.
    (b) Sense of Congress.--It is the sense of Congress that, 
as improved access to fresh water will be an important factor 
in helping prevent future conflicts in the Middle East, the 
United States should, in cooperation with its allies, promote 
and invest in technologies to reduce the costs of converting 
saline water into fresh water.
    (c) Funding for Research and Development.--Of the amounts 
authorized to be appropriated by this title, the Secretary 
shall place greater emphasis on making funds available for 
research and development into efficient and economical 
processes and methods for converting saline water into fresh 
water.
          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 1997 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows:
          * * *
          (18) For Overseas Humanitarian, Disaster, and Civic 
        Aid programs, $54,544,000.
          (19) For Drug Interdiction and Counter-drug 
        Activities, Defense-wide, $796,524,000.
          * * *
          (22) For Cooperative Threat Reduction programs, 
        $364,900,000.
          * * *
          * * * * * * *

SEC. 306. AVAILABILITY OF ADDITIONAL FUNDS FOR ANTITERRORISM 
                    ACTIVITIES.

    Of the amount authorized to be appropriated pursuant to 
section 301 for operation and maintenance, $14,000,000 shall be 
available to the Secretary of Defense for activities designed 
to meet the antiterrorism responsibilities of the Department of 
Defense, including activities related to intelligence support, 
physical security measures, and education and training 
regarding antiterrorism. The amount made available by this 
section is in addition to amounts otherwise made available by 
this Act for antiterrorism activities.
          * * * * * * *

                      TITLE X--GENERAL PROVISIONS

          * * * * * * *

                  Subtitle C--Counter-Drug Activities

SEC. 1031.\2\ AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG 
                    ACTIVITIES OF MEXICO.

    (a) Authority To Provide Additional Support.--Subject to 
subsection (e), during fiscal years 1997 and 1998,\3\ the 
Secretary of Defense may provide the Government of Mexico with 
the support described in subsection (b) for the counter-drug 
activities of the Government of Mexico. In providing support to 
the Government of Mexico under this section, the Secretary of 
Defense shall consult with the Secretary of State.\4\ The 
support provided under the authority of this subsection shall 
be in addition to support provided to the Government of Mexico 
under any other provision of law.
---------------------------------------------------------------------------
    \2\See also sec. 1033 of Public Law 105-85 (111 Stat. 1881), page 
452.
    \3\Sec. 1032(a)(1) of Public Law 105-85 (111 Stat. 1881) struck out 
``fiscal year 1997'' and inserted in lieu thereof ``fiscal years 1997 
and 1998''.
    \4\Sec. 1032(a)(2) of Public Law 105-85 (111 Stat. 1881) added ``In 
providing support to the Government of Mexico under this section, the 
Secretary of Defense shall consult with the Secretary of State.''.
---------------------------------------------------------------------------
    (b) Types of Support.--The authority under subsection (a) 
is limited to the provision of the following types of support:
          (1) The transfer of nonlethal protective and utility 
        personnel equipment.
          (2) The transfer of the following nonlethal 
        specialized equipment:
                  (A) Navigation equipment.
                  (B) Secure and nonsecure communications 
                equipment.
                  (C) Photo equipment.
                  (D) Radar equipment.
                  (E) Night vision systems.
                  (F) Repair equipment and parts for equipment 
                referred to in subparagraphs (A), (B), (C), 
                (D), and (E).
          (3) The transfer of nonlethal components, 
        accessories, attachments, parts (including ground 
        support equipment), firmware, and software for aircraft 
        or patrol boats, and related repair equipment.
          (4) The maintenance and repair of equipment of the 
        Government of Mexico that is used for counter-drug 
        activities.
    (c) Applicability of Other Support Authorities.--Except as 
otherwise provided in this section, the provisions of section 
1004 of the National Defense Authorization Act for Fiscal Year 
1991 (Public Law 101-510; 10 U.S.C. 374 note) shall apply to 
the provision of support under this section.
    (d) Funding.--Of the amount authorized to be appropriated 
under section 301(19) for drug interdiction and counter-drug 
activities, an amount not to exceed\5\ $8,000,000 shall be 
available for the provision of support under this section. 
Funds made available for fiscal year 1997 under this subsection 
and unobligated by September 30, 1997, may be obligated during 
fiscal year 1998. No funds are authorized to be appropriated 
for fiscal year 1998 for the provision of support under this 
section.\6\
---------------------------------------------------------------------------
    \5\Sec. 1032(b)(1) of Public Law 105-85 (111 Stat. 1881) struck out 
``not more than'' and inserted in lieu thereof ``an amount not to 
exceed''.
    \6\Sec. 1032(b)(2) of Public Law 105-85 (111 Stat. 1881) added 
``Funds made available for fiscal year 1997 under this subsection and 
unobligated by September 30, 1997, may be obligated during fiscal year 
1998. No funds are authorized to be appropriated for fiscal year 1998 
for the provision of support under this section.''.
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    (e) Limitations.--(1) The Secretary may not obligate or 
expend funds to provide support under this section until 15 
days after the date on which the Secretary submits to the 
committees referred to in paragraph (3) the certification 
described in paragraph (2).
    (2) The certification referred to in paragraph (1) is a 
written certification of the following:
          (A) That the provision of support under this section 
        will not adversely affect the military preparedness of 
        the United States Armed Forces.
          (B) That the equipment and materiel provided as 
        support will be used only by officials and employees of 
        the Government of Mexico who have undergone a 
        background check by that government.
          (C) That the Government of Mexico has certified to 
        the Secretary that--
                  (i) the equipment and material provided as 
                support will be used only by the officials and 
                employees referred to in subparagraph (B);
                  (ii) none of the equipment or materiel will 
                be transferred (by sale, gift, or otherwise) to 
                any person or entity not authorized by the 
                United States to receive the equipment or 
                materiel; and
                  (iii) the equipment and materiel will be used 
                only for the purposes intended by the United 
                States Government.
          (D) That the Government of Mexico has implemented, to 
        the satisfaction of the Secretary, a system that will 
        provide an accounting and inventory of the equipment 
        and materiel provided as support.
          (E) That the departments, agencies, and 
        instrumentalities of the Government of Mexico will 
        grant United States Government personnel access to any 
        of the equipment or materiel provided as support, or to 
        any of the records relating to such equipment or 
        materiel, under terms and conditions similar to the 
        terms and conditions imposed with respect to such 
        access under section 505(a)(3) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2314(a)(3)).
          (F) That the Government of Mexico will provide 
        security with respect to the equipment and materiel 
        provided as support that is substantially the same 
        degree of security that the United States Government 
        would provide with respect to such equipment and 
        materiel.
          (G) That the Government of Mexico will permit 
        continuous observation and review by United States 
        Government personnel of the use of the equipment and 
        materiel provided as support under terms and conditions 
        similar to the terms and conditions imposed with 
        respect to such observation and review under section 
        505(a)(3) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2314(a)(3)).
    (3) The committees referred to in this paragraph are the 
following:
          (A) The Committee on Armed Services and the Committee 
        on Foreign Relations of the Senate.
          (B) The Committee on National Security and the 
        Committee on International Relations of the House of 
        Representatives.

SEC. 1032. AVAILABILITY OF FUNDS FOR CERTAIN DRUG INTERDICTION AND 
                    COUNTER-DRUG ACTIVITIES.

    (a) P-3B Aircraft.--Of the funds authorized to be 
appropriated under section 301(19) for drug interdiction and 
counter-drug activities, not more than $98,000,000 may be used 
for the purpose of procuring or modifying two P-3B aircraft for 
use by departments and agencies of the United States outside 
the Department of Defense for drug interdiction and counter-
drug activities. However, funds may not be obligated for such 
purpose until the Secretary of Defense submits to the 
congressional defense committees a certification that the 
procurement or modification of such aircraft and the use of 
such aircraft by other departments or agencies of the United 
States will significantly reduce the level of support that 
would otherwise be required of E-3 AWACS aircraft as part of 
the drug interdiction and counter-drug mission of the 
Department of Defense.
    (b) Nonintrusive Inspection Devices.--Of the funds 
authorized to be appropriated under section 301(19) for drug 
interdiction and counter-drug activities, not more than 
$10,000,000 may be used to procure three nonintrusive 
inspection devices for use by departments and agencies of the 
United States outside the Department of Defense for drug 
interdiction and counter-drug activities.
    (c) Authority To Transfer Equipment.--The Secretary of 
Defense may transfer to the head of any department or agency of 
the United States outside the Department of Defense any 
equipment procured or modified under this section with funds 
referred to in this section.

SEC. 1033.\7\ TRANSFER OF EXCESS PERSONAL PROPERTY TO SUPPORT LAW 
                    ENFORCEMENT ACTIVITIES.

    (a) Transfer Authority.--(1) Chapter 153 of title 10, 
United States Code, is amended by inserting after section 2576 
the following new section: * * *
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    \7\Sec. 1033 added a new sec. 2576a to 10 U.S.C., relating to the 
sale or donation of excess DOD personal property to state and other 
Federal law enforcement agencies for counter-drug and counter-terrorism 
activities.
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          * * * * * * *

                    Subtitle D--Reports and Studies

SEC. 1041.\8\ ANNUAL REPORT ON OPERATION PROVIDE COMFORT AND OPERATION 
                    ENHANCED SOUTHERN WATCH.

    (a) Annual Report.--Not later than March 1 of each year, 
the Secretary of Defense shall submit to Congress a report on 
Operation Provide Comfort and Operation Enhanced Southern 
Watch.
---------------------------------------------------------------------------
    \8\10 U.S.C. 113 note.
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    (b) Matters Relating to Operation Provide Comfort.--Each 
report under subsection (a) shall include, with respect to 
Operation Provide Comfort, the following:
          (1) A detailed presentation of the projected costs to 
        be incurred by the Department of Defense for that 
        operation during the fiscal year in which the report is 
        submitted and projected for the following fiscal year, 
        together with a discussion of missions and functions 
        expected to be performed by the Department as part of 
        that operation during each of those fiscal years.
          (2) A detailed presentation of the projected costs to 
        be incurred by other departments and agencies of the 
        Federal Government participating in or providing 
        support to that operation during each of those fiscal 
        years.
          (3) A discussion of options being pursued to reduce 
        the involvement of the Department of Defense in those 
        aspects of that operation that are not directly related 
        to the military mission of the Department of Defense.
          (4) A discussion of the exit strategy for United 
        States involvement in, and support for, that operation.
          (5) A description of alternative approaches to 
        accomplishing the mission of that operation that are 
        designed to limit the scope and cost to the Department 
        of Defense of accomplishing that mission while 
        maintaining mission success.
          (6) The contributions (both in-kind and actual) by 
        other nations to the costs of conducting that 
        operation.
          (7) A detailed presentation of significant Iraqi 
        military activity (including specific violations of the 
        no-fly zone) determined to jeopardize the security of 
        the Kurdish population in northern Iraq.
    (c) Matters Relating to Operation Enhanced Southern 
Watch.--Each report under subsection (a) shall include, with 
respect to Operation Enhanced Southern Watch, the following:
          (1) The expected duration and annual costs of the 
        various elements of that operation.
          (2) The political and military objectives associated 
        with that operation.
          (3) The contributions (both in-kind and actual) by 
        other nations to the costs of conducting that 
        operation.
          (4) A description of alternative approaches to 
        accomplishing the mission of that operation that are 
        designed to limit the scope and cost of accomplishing 
        that mission while maintaining mission success.
          (5) A comprehensive discussion of the political and 
        military objectives and initiatives that the Department 
        of Defense has pursued, and intends to pursue, in order 
        to reduce United States involvement in that operation.
          (6) A detailed presentation of significant Iraqi 
        military activity (including specific violations of the 
        no-fly zone) determined to jeopardize the security of 
        the Shiite population by air attack in southern Iraq or 
        to jeopardize the security of Kuwait.
    (d) Termination of Report Requirement.--The requirement 
under subsection (a) shall cease to apply with respect to an 
operation named in that subsection upon the termination of 
United States involvement in that operation.
    (e) Definitions.--For purposes of this section:
          (1) Operation enhanced southern watch.--The term 
        ``Operation Enhanced Southern Watch'' means the 
        operation of the Department of Defense that as of 
        October 30, 1995, is designated as Operation Enhanced 
        Southern Watch.
          (2) Operation provide comfort.--The term ``Operation 
        Provide Comfort'' means the operation of the Department 
        of Defense that as of October 30, 1995, is designated 
        as Operation Provide Comfort.

SEC. 1042.\9\ ANNUAL REPORT ON EMERGING OPERATIONAL CONCEPTS.

    (a) Report Required.--Not later than March 1 of each year 
through 2000, the Secretary of Defense shall submit to the 
Committee on Armed Services of the Senate and the Committee on 
National Security of the House of Representatives a report on 
emerging operational concepts. Each such report shall be 
prepared by the Secretary in consultation with the Chairman of 
the Joint Chiefs of Staff.
---------------------------------------------------------------------------
    \9\10 U.S.C. 113 note.
---------------------------------------------------------------------------
    (b) Matters To Be Included.--Each such report shall contain 
a description, for the year preceding the year in which the 
report is submitted, of the following:
          (1) The process undertaken in the Department of 
        Defense, and in each of the Army, Navy, Air Force, and 
        Marine Corps, to define and develop doctrine, 
        operational concepts, organizational concepts, and 
        acquisition strategies to address--
                  (A) the potential of emerging technologies 
                for significantly improving the operational 
                effectiveness of the Armed Forces;
                  (B) changes in the international order that 
                may necessitate changes in the operational 
                capabilities of the Armed Forces;
                  (C) emerging capabilities of potential 
                adversary states; and
                  (D) changes in defense budget projections.
          (2) The manner in which the processes described in 
        paragraph (1) are harmonized to ensure that there is a 
        sufficient consideration of the development of joint 
        doctrine, operational concepts, and acquisition 
        strategies.
          (3) The manner in which the processes described in 
        paragraph (1) are coordinated through the Joint 
        Requirements Oversight Council and reflected in the 
        planning, programming, and budgeting process of the 
        Department of Defense.
          * * * * * * *

SEC. 1045. QUARTERLY REPORTS REGARDING COPRODUCTION AGREEMENTS.

    (a) Quarterly Reports on Coproduction Agreements.--Section 
36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is 
amended-- * * *\10\
---------------------------------------------------------------------------
    \10\For amended text, see Legislation on Foreign Relations Through 
1997, vol. I-B.
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          * * * * * * *

SEC. 1048. REPORT ON NATO ENLARGEMENT.

    (a) Report.--Not later than February 1, 1997, the President 
shall transmit to 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 a report on the 
enlargement of the North Atlantic Treaty Organization. The 
report shall contain a comprehensive discussion of the 
following:
          (1) Geopolitical and financial costs and benefits, 
        including financial savings, associated with--
                  (A) enlargement of the North Atlantic Treaty 
                Organization;
                  (B) further delays in the process of 
                enlargement of the North Atlantic Treaty 
                Organization; and
                  (C) a failure to enlarge the North Atlantic 
                Treaty Organization.
          (2) Additional North Atlantic Treaty Organization and 
        United States military expenditures requested by 
        prospective members of the North Atlantic Treaty 
        Organization to facilitate their admission into the 
        North Atlantic Treaty Organization.
          (3) Modifications necessary in the military strategy 
        of the North Atlantic Treaty Organization and force 
        structure required by the inclusion of new members and 
        steps necessary to integrate new members, including the 
        role of nuclear and conventional capabilities, 
        reinforcement, force deployments, prepositioning of 
        equipment, mobility, and headquarter locations.
          (4) The relationship between enlargement of the North 
        Atlantic Treaty Organization and transatlantic 
        stability and security.
          (5) The state of military preparedness and 
        interoperability of Central and Eastern European 
        nations as it relates to the responsibilities of 
        membership of the North Atlantic Treaty Organization 
        and additional security costs or benefits that may 
        accrue to the United States from enlargement of the 
        North Atlantic Treaty Organization.
          (6) The state of democracy and free market 
        development as it affects the preparedness of Central 
        and Eastern European nations for the responsibilities 
        of membership of the North Atlantic Treaty 
        Organization, including civilian control of the 
        military, the rule of law, human rights, and 
        parliamentary oversight.
          (7) The state of relations between prospective 
        members of the North Atlantic Treaty Organization and 
        their neighbors, steps taken by prospective members to 
        reduce tensions, and mechanisms for the peaceful 
        resolution of border disputes.
          (8) The commitment of prospective members of the 
        North Atlantic Treaty Organization to the principles of 
        the North Atlantic Treaty and the security of the North 
        Atlantic area.
          (9) The effect of enlargement of the North Atlantic 
        Treaty Organization on the political, economic, and 
        security conditions of European Partnership for Peace 
        nations not among the first new members of the North 
        Atlantic Treaty Organization.
          (10) The relationship between enlargement of the 
        North Atlantic Treaty Organization and EU enlargement 
        and the costs and benefits of both.
          (11) The relationship between enlargement of the 
        North Atlantic Treaty Organization and treaties 
        relevant to United States and European security, such 
        as the Conventional Armed Forces in Europe Treaty.
          (12) The anticipated impact both of enlargement of 
        the North Atlantic Treaty Organization and further 
        delays of enlargement on Russian foreign and defense 
        policies and the costs and benefits of a security 
        relationship between the North Atlantic Treaty 
        Organization and Russia.
    (b) Interpretation.--Nothing in this section shall be 
interpreted or construed to affect the implementation of the 
NATO Participation Act of 1994 (title II of Public Law 103-447; 
22 U.S.C. 1928 note), or any other program or activity which 
facilitates or assists prospective members of the North 
Atlantic Treaty Organization.
          * * * * * * *

                       Subtitle F--Other Matters

          * * * * * * *

SEC. 1063. AUTHORITY TO ACCEPT SERVICES FROM FOREIGN GOVERNMENTS AND 
                    INTERNATIONAL ORGANIZATIONS FOR DEFENSE PURPOSES.

    Section 2608(a) of title 10, United States Code, is amended 
by inserting before the period at the end the following: ``and 
may accept from any foreign government or international 
organization any contribution of services made by such foreign 
government or international organization for use by the 
Department of Defense''.\11\
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    \11\For amended text, see page 437.
---------------------------------------------------------------------------

SEC. 1064.\12\ PROHIBITION ON COLLECTION AND RELEASE OF DETAILED 
                    SATELLITE IMAGERY RELATING TO ISRAEL.

    (a) Collection and Dissemination.--A department or agency 
of the United States may issue a license for the collection or 
dissemination by a non-Federal entity of satellite imagery with 
respect to Israel only if such imagery is no more detailed or 
precise than satellite imagery of Israel that is available from 
commercial sources.
---------------------------------------------------------------------------
    \12\15 U.S.C. 5621 note.
---------------------------------------------------------------------------
    (b) Declassification and Release.--A department or agency 
of the United States may declassify or otherwise release 
satellite imagery with respect to Israel only if such imagery 
is no more detailed or precise than satellite imagery of Israel 
that is available from commercial sources.

SEC. 1065.\13\ GEORGE C. MARSHALL EUROPEAN CENTER FOR STRATEGIC 
                    SECURITY STUDIES.

    (a) Authority To Accept Foreign Gifts and Donations.--(1) 
The Secretary of Defense may, on behalf of the George C. 
Marshall European Center for Strategic Security Studies (in 
this section referred to as the ``Marshall Center''), accept 
foreign gifts or donations in order to defray the costs of, or 
enhance the operation of, the Marshall Center.
---------------------------------------------------------------------------
    \13\10 U.S.C. 113 note.
---------------------------------------------------------------------------
    (2) Funds received by the Secretary under paragraph (1) 
shall be credited to appropriations available for the 
Department of Defense for the Marshall Center. Funds so 
credited shall be merged with the appropriations to which 
credited and shall be available for the Marshall Center for the 
same purposes and same period as the appropriations with which 
merged.
    (3) The Secretary of Defense shall notify Congress if the 
total amount of money accepted under paragraph (1) exceeds 
$2,000,000 in any fiscal year. Any such notice shall list each 
of the contributors of such amounts and the amount of each 
contribution in such fiscal year.
    (4) For purposes of this subsection, a foreign gift or 
donation is a gift or donation of funds, materials (including 
research materials), property, or services (including lecture 
services and faculty services) from a foreign government, a 
foundation or other charitable organization in a foreign 
country, or an individual in a foreign country.
    (b) Marshall Center Participation By Foreign Nations.--(1) 
Notwithstanding any other provision of law, the Secretary of 
Defense may authorize participation by a European or Eurasian 
nation in Marshall Center programs if the Secretary determines, 
after consultation with the Secretary of State, that such 
participation is in the national interest of the United States.
    (2) Not later than January 31 of each year, the Secretary 
of Defense shall submit to Congress a report setting forth the 
names of the foreign nations permitted to participate in 
programs of the Marshall Center during the preceding year under 
paragraph (1). Each such report shall be prepared by the 
Secretary with the assistance of the Director of the Marshall 
Center.
    (c) Exemptions for Members of Marshall Center Board of 
Visitors From Certain Requirements.--(1) In the case of any 
person invited to serve without compensation on the Marshall 
Center Board of Visitors, the Secretary of Defense may waive 
any requirement for financial disclosure that would otherwise 
apply to that person solely by reason of service on such Board.
    (2) Notwithstanding any other provision of law, a member of 
the Marshall Center Board of Visitors may not be required to 
register as an agent of a foreign government solely by reason 
of service as a member of the Board.
    (3) Notwithstanding section 219 of title 18, United States 
Code, a non-United States citizen may serve on the Marshall 
Center Board of Visitors even though registered as a foreign 
agent.
          * * * * * * *

SEC. 1081. SENSE OF CONGRESS REGARDING SEMICONDUCTOR TRADE AGREEMENT 
                    BETWEEN UNITED STATES AND JAPAN.

    (a) Findings.--Congress makes the following findings:
          (1) The United States and Japan share a long and 
        important bilateral relationship which serves as an 
        anchor of peace and stability in the Asia Pacific 
        region, an alliance which was reaffirmed at the recent 
        summit meeting between President Clinton and Prime 
        Minister Hashimoto in Tokyo.
          (2) The Japanese economy has experienced difficulty 
        over the past few years, demonstrating that it is no 
        longer possible for Japan, the world's second largest 
        economy, to use exports as the sole engine of economic 
        growth, but that the Government of Japan must promote 
        deregulation of its domestic economy in order to 
        increase economic growth.
          (3) Deregulation of the Japanese economy requires 
        government attention to the removal of barriers to 
        imports of manufactured goods.
          (4) The United States-Japan Semiconductor Trade 
        Agreement has begun the process of deregulation in the 
        semiconductor sector and is opening the Japanese market 
        to competitive foreign products.
          (5) The United States-Japan Semiconductor Trade 
        Agreement has put in place both government-to-
        government and industry-to-industry mechanisms which 
        have played a vital role in allowing cooperation to 
        replace conflict in this important high technology 
        sector.
          (6) The mechanisms include joint calculation of 
        foreign market share, deterrence of dumping, and 
        promotion of industrial cooperation in the design of 
        foreign semiconductor devices.
          (7) Because of these actions under the United States-
        Japan Semiconductor Trade Agreement, the United States 
        and Japan today enjoy trade in semiconductors which is 
        mutually beneficial, harmonious, and free from the 
        friction that once characterized the semiconductor 
        industry.
          (8) Because of structural barriers in Japan, a gap 
        still remains between the share of the world market for 
        semiconductor products outside Japan that the United 
        States and other foreign semiconductor sources are able 
        to capture through competitiveness and the share of the 
        Japanese semiconductor market that the United States 
        and those other sources are able to capture through 
        competitiveness, and that gap is consistent across the 
        full range of semiconductor products as well as a full 
        range of end-use applications.
          (9) The competitiveness and health of the United 
        States semiconductor industry is of critical importance 
        to the overall economic well-being and high-technology 
        defense capabilities of the United States.
          (10) The economic interests of both the United States 
        and Japan are best served by well functioning, open 
        markets, deterrence of dumping, and continuing good 
        cooperative relationships in all sectors, including 
        semiconductors.
          (11) A strong and healthy military and political 
        alliance between the United States and Japan requires 
        continuation of the industrial and economic cooperation 
        promoted by the United States-Japan Semiconductor Trade 
        Agreement.
          (12) President Clinton has called on the Government 
        of Japan to agree to a continuation of the United 
        States-Japan Semiconductor Trade Agreement beyond the 
        current agreement's expiration on July 31, 1996.
          (13) The Government of Japan has opposed any 
        continuation of the United States-Japan Semiconductor 
        Trade Agreement to promote cooperation in United 
        States-Japan semiconductor trade.
    (b) Sense of Congress.--On the basis of the findings 
contained in subsection (a), it is the sense of Congress that--
          (1) it is regrettable that the Government of Japan 
        has refused to consider continuation of the United 
        States-Japan Semiconductor Trade Agreement to ensure 
        that cooperation continues in the semiconductor sector 
        beyond the expiration of the agreement on July 31, 
        1996; and
          (2) the President should take all necessary and 
        appropriate actions to ensure the resumption and 
        extension of the United States-Japan Semiconductor 
        Trade Agreement beyond July 31, 1996.
    (c) Definition.--For purposes of this section, the term 
``United States-Japan Semiconductor Trade Agreement'' refers to 
the agreement between the United States and Japan concerning 
trade in semiconductor products, with arrangement, done by 
exchange of letters at Washington on June 11, 1991.

SEC. 1082.\14\ AGREEMENTS FOR EXCHANGE OF DEFENSE PERSONNEL BETWEEN THE 
                    UNITED STATES AND FOREIGN COUNTRIES.

    (a) Authority To Enter Into International Exchange 
Agreements.--(1) The Secretary of Defense may enter into 
international defense personnel exchange agreements.
---------------------------------------------------------------------------
    \14\10 U.S.C. 168 note.
---------------------------------------------------------------------------
    (2) For purposes of this section, an international defense 
personnel exchange agreement is an agreement with the 
government of an ally of the United States or another friendly 
foreign country for the exchange of--
          (A) military and civilian personnel of the Department 
        of Defense; and
          (B) military and civilian personnel of the defense 
        ministry of that foreign government.
    (b) Assignment of Personnel.--(1) Pursuant to an 
international defense personnel exchange agreement, personnel 
of the defense ministry of a foreign government may be assigned 
to positions in the Department of Defense and personnel of the 
Department of Defense may be assigned to positions in the 
defense ministry of such foreign government. Positions to which 
exchanged personnel are assigned may include positions of 
instructors.
    (2) An agreement for the exchange of personnel engaged in 
research and development activities may provide for assignment 
of Department of Defense personnel to positions in private 
industry that support the defense ministry of the host foreign 
government.
    (3) An individual may not be assigned to a position 
pursuant to an international defense personnel exchange 
agreement unless the assignment is acceptable to both 
governments.
    (c) Reciprocity of Personnel Qualifications Required.--Each 
government shall be required under an international defense 
personnel exchange agreement to provide personnel with 
qualifications, training, and skills that are essentially equal 
to those of the personnel provided by the other government.
    (d) Payment of Personnel Costs.--(1) Each government shall 
pay the salary, per diem, cost of living, travel costs, cost of 
language or other training, and other costs for its own 
personnel in accordance with the applicable laws and 
regulations of such government.
    (2) Paragraph (1) does not apply to the following costs:
          (A) The cost of temporary duty directed by the host 
        government.
          (B) The cost of training programs conducted to 
        familiarize, orient, or certify exchanged personnel 
        regarding unique aspects of the assignments of the 
        exchanged personnel.
          (C) Costs incident to the use of the facilities of 
        the host government in the performance of assigned 
        duties.
    (e) Prohibited Conditions.--No personnel exchanged pursuant 
to an agreement under this section may take or be required to 
take an oath of allegiance to the host country or to hold an 
official capacity in the government of such country.
    (f) Relationship to Other Authority.--The requirements in 
subsections (c) and (d) shall apply in the exercise of any 
authority of the Secretaries of the military departments to 
enter into an agreement with the government of a foreign 
country to provide for the exchange of members of the armed 
forces and military personnel of the foreign country. The 
Secretary of Defense may prescribe regulations for the 
application of such subsections in the exercise of such 
authority.

SEC. 1083. SENSE OF SENATE REGARDING BOSNIA AND HERZEGOVINA.

    It is the sense of the Senate that, notwithstanding any 
other provision of law, in order to maximize the amount of 
equipment provided to the Government of Bosnia and Herzegovina 
under the authority contained in section 540 of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 737), 
the price of the transferred equipment shall not exceed the 
lowest level at which the same or similar equipment has been 
transferred to any other country under any other United States 
Government program.

SEC. 1084.\15\ DEFENSE BURDENSHARING.

    (a) Efforts To Increase Allied Burdensharing.--The 
President shall seek to have each nation that has cooperative 
military relations with the United States (including security 
agreements, basing arrangements, or mutual participation in 
multinational military organizations or operations) take one or 
more of the following actions:
---------------------------------------------------------------------------
    \15\22 U.S.C. 1928 note.
---------------------------------------------------------------------------
          (1) Increase its financial contributions to the 
        payment of the nonpersonnel costs incurred by the 
        United States Government for stationing United States 
        military personnel in that nation, with a goal of 
        achieving by September 30, 2000, 75 percent of such 
        costs. An increase in financial contributions by any 
        nation under this paragraph may include the elimination 
        of taxes, fees, or other charges levied on United 
        States military personnel, equipment, or facilities 
        stationed in that nation.
          (2) Increase its annual budgetary outlays for 
        national defense as a percentage of its gross domestic 
        product by 10 percent or at least to a level 
        commensurate to that of the United States by September 
        30, 1997.
          (3) Increase its annual budgetary outlays for foreign 
        assistance (to promote democratization, economic 
        stabilization, transparency arrangements, defense 
        economic conversion, respect for the rule of law, and 
        internationally recognized human rights) by 10 percent 
        or at least to a level commensurate to that of the 
        United States by September 30, 1997.
          (4) Increase the amount of military assets (including 
        personnel, equipment, logistics, support and other 
        resources) that it contributes, or would be prepared to 
        contribute, to multinational military activities 
        worldwide.
    (b) Authorities To Encourage Actions by United States 
Allies.--In seeking the actions described in subsection (a) 
with respect to any nation, or in response to a failure by any 
nation to undertake one or more of such actions, the President 
may take any of the following measures to the extent otherwise 
authorized by law:
          (1) Reduce the end strength level of members of the 
        Armed Forces assigned to permanent duty ashore in that 
        nation.
          (2) Impose on that nation fees or other charges 
        similar to those that such nation imposes on United 
        States forces stationed in that nation.
          (3) Reduce (through rescission, impoundment, or other 
        appropriate procedures as authorized by law) the amount 
        the United States contributes to the NATO Civil Budget, 
        Military Budget, or Security Investment Program.
          (4) Suspend, modify, or terminate any bilateral 
        security agreement the United States has with that 
        nation, consistent with the terms of such agreement.
          (5) Reduce (through rescission, impoundment, or other 
        appropriate procedures as authorized by law) any United 
        States bilateral assistance appropriated for that 
        nation.
          (6) Take any other action the President determines to 
        be appropriate as authorized by law.
    (c) Report on Progress in Increasing Allied 
Burdensharing.--Not later than March 1, 1997, the Secretary of 
Defense shall submit to Congress a report on--
          (1) steps taken by other nations to complete the 
        actions described in subsection (a);
          (2) all measures taken by the President, including 
        those authorized in subsection (b), to achieve the 
        actions described in subsection (a); and
          (3) the budgetary savings to the United States that 
        are expected to accrue as a result of the steps 
        described under paragraph (1).
    (d) Report on National Security Bases for Forward 
Deployment and Burdensharing Relationships.--(1) In order to 
ensure the best allocation of budgetary resources, the 
President shall undertake a review of the status of elements of 
the United States Armed Forces that are permanently stationed 
outside the United States. The review shall include an 
assessment of the following:
          (A) The alliance requirements that are to be found in 
        agreements between the United States and other 
        countries.
          (B) The national security interests that support 
        permanently stationing elements of the United States 
        Armed Forces outside the United States.
          (C) The stationing costs associated with the forward 
        deployment of elements of the United States Armed 
        Forces.
          (D) The alternatives available to forward deployment 
        (such as material prepositioning, enhanced airlift and 
        sealift, or joint training operations) to meet such 
        alliance requirements or national security interests, 
        with such alternatives identified and described in 
        detail.
          (E) The costs and force structure configurations 
        associated with such alternatives to forward 
        deployment.
          (F) The financial contributions that allies of the 
        United States make to common defense efforts (to 
        promote democratization, economic stabilization, 
        transparency arrangements, defense economic conversion, 
        respect for the rule of law, and internationally 
        recognized human rights).
          (G) The contributions that allies of the United 
        States make to meeting the stationing costs associated 
        with the forward deployment of elements of the United 
        States Armed Forces.
          (H) The annual expenditures of the United States and 
        its allies on national defense, and the relative 
        percentages of each nation's gross domestic product 
        constituted by those expenditures.
    (2) The President shall submit to Congress a report on the 
review under paragraph (1). The report shall be submitted not 
later than March 1, 1997, in classified and unclassified form.
    (e) Report Date.--Section 1003(c) of Public Law 98-515\16\ 
is amended by striking out ``each year'' and inserting ``by 
March 1, 1998, and every other year thereafter''.
---------------------------------------------------------------------------
    \16\Should probably read ``Public Law 98-525''. For amended text, 
see page 884.
---------------------------------------------------------------------------
          * * * * * * *

            TITLE XIII--ARMS CONTROL AND RELATED MATTERS\17\

          * * * * * * *
---------------------------------------------------------------------------
    \17\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. F.
---------------------------------------------------------------------------

       TITLE XIV--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION\18\

          * * * * * * *
---------------------------------------------------------------------------
    \18\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. F.
---------------------------------------------------------------------------

  TITLE XV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET 
                               UNION\19\

          * * * * * * *
---------------------------------------------------------------------------
    \19\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. F.
---------------------------------------------------------------------------

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

   Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3137. PROHIBITION ON FUNDING NUCLEAR WEAPONS ACTIVITIES WITH 
                    PEOPLE'S REPUBLIC OF CHINA.

    (a) Funding Prohibition.--No funds authorized to be 
appropriated or otherwise available to the Department of Energy 
for fiscal year 1997 may be obligated or expended for any 
activity associated with the conduct of cooperative programs 
relating to nuclear weapons or nuclear weapons technology, 
including stockpile stewardship, safety, and use control, with 
the People's Republic of China.
    (b) Report.--(1) The Secretary of Energy shall prepare, in 
consultation with the Secretary of Defense, a report containing 
a description of all discussions and activities between the 
United States and the People's Republic of China regarding 
nuclear weapons matters that have occurred before the date of 
the enactment of this Act and that are planned to occur after 
such date. For each such discussion or activity, the report 
shall include--
          (A) the authority under which the discussion or 
        activity took or will take place;
          (B) the subject of the discussion or activity;
          (C) participants or likely participants;
          (D) the source and amount of funds used or to be used 
        to pay for the discussion or activity; and
          (E) a description of the actions taken or to be taken 
        to ensure that no classified information or 
        unclassified controlled information was or will be 
        revealed, and a determination of whether classified 
        information or unclassified controlled information was 
        revealed in previous discussions.
    (2) The report shall be submitted to the Committee on Armed 
Services of the Senate and the Committee on National Security 
of the House of Representatives not later than January 15, 
1997.

SEC. 3138. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP PROGRAMS.

    (a) Funding Prohibition.--No funds authorized to be 
appropriated or otherwise available to the Department of Energy 
for fiscal year 1997 may be obligated or expended to conduct 
any activities associated with international cooperative 
stockpile stewardship.
    (b) Exception.--Subsection (a) does not apply--
          (1) with respect to such activities conducted between 
        the United States and the United Kingdom and between 
        the United States and France; and
          (2) to activities carried out under title XV of this 
        Act (relating to cooperative threat reduction with 
        states of the former Soviet Union).
          * * * * * * *

                       Subtitle D--Other Matters

          * * * * * * *

SEC. 3158. UPDATE OF REPORT ON NUCLEAR TEST READINESS POSTURES.

    Not later than June 1, 1997, the Secretary of Energy shall 
submit to Congress a report which updates the report submitted 
by the Secretary under section 3152 of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 
Stat. 623). The updated report shall include the matters 
specified under such section, current as of the date of the 
updated report.
          * * * * * * *

SEC. 3162.\20\ COMMISSION ON MAINTAINING UNITED STATES NUCLEAR WEAPONS 
                    EXPERTISE.

    (a) Establishment.--There is hereby established a 
commission to be known as the ``Commission on Maintaining 
United States Nuclear Weapons Expertise'' (in this section 
referred to as the ``Commission'').
---------------------------------------------------------------------------
    \20\42 U.S.C. 2121 note.
---------------------------------------------------------------------------
    (b) Organizational Matters.--(1)(A) The Commission shall be 
composed of eight members appointed from among individuals in 
the public and private sectors who have significant experience 
in matters relating to nuclear weapons, as follows:
          (i) Two shall be appointed by the majority leader of 
        the Senate (in consultation with the minority leader of 
        the Senate).
          (ii) One shall be appointed by the minority leader of 
        the Senate (in consultation with the majority leader of 
        the Senate).
          (iii) Two shall be appointed by the Speaker of the 
        House of Representatives (in consultation with the 
        minority leader of the House of Representatives).
          (iv) One shall be appointed by the minority leader of 
        the House of Representatives (in consultation with the 
        Speaker of the House of Representatives).
          (v) Two shall be appointed by the Secretary of 
        Energy.
    (B) Members shall be appointed for the life of the 
Commission. Any vacancy in the Commission shall not affect its 
powers, but shall be filled in the same manner as the original 
appointment.
    (C) The chairman of the Commission shall be designated from 
among the members of the Commission appointed under 
subparagraph (A) by the majority leader of the Senate, in 
consultation with the Speaker of the House of Representatives, 
the minority leader of the Senate, and the minority leader of 
the House of Representatives. The chairman may be designated 
once five members of the Commission have been appointed under 
subparagraph (A).\21\
---------------------------------------------------------------------------
    \21\Sec. 3163(a)(1) of Public Law 105-85 (111 Stat. 2049) added 
``The chairman may be designated once five members of the Commission 
have been appointed under subparagraph (A).''.
---------------------------------------------------------------------------
    (D) Members shall be appointed not later than 60 days after 
the date of the enactment of this Act.
    (E)\22\ The Commission may commence its activities under 
this section upon the designation of the chairman of the 
Commission under subparagraph (C).
---------------------------------------------------------------------------
    \22\Sec. 3163(a)(2) of Public Law 105-85 (111 Stat. 2050) added 
subpara. (E).
---------------------------------------------------------------------------
    (2) The members of the Commission shall establish 
procedures for the activities of the Commission, including 
procedures for calling meetings, requirements for quorums, and 
the manner of taking votes.
    (c) Duties.--(1) The Commission shall develop a plan for 
recruiting and retaining within the Department of Energy 
nuclear weapons complex such scientific, engineering, and 
technical personnel as the Commission determines appropriate in 
order to permit the Department to maintain over the long term a 
safe and reliable nuclear weapons stockpile without engaging in 
underground testing.
    (2) In developing the plan, the Commission shall--
          (A) identify actions that the Secretary may undertake 
        to attract qualified scientific, engineering, and 
        technical personnel to the nuclear weapons complex of 
        the Department; and
          (B) review and recommend improvements to the on-going 
        efforts of the Department to attract such personnel to 
        the nuclear weapons complex.
    (d) Report.--Not later than March 15, 1999,\23\ the 
Commission shall submit to the Secretary and to Congress a 
report containing the plan developed under subsection (c). The 
report may include recommendations for legislation and 
administrative action.
---------------------------------------------------------------------------
    \23\Sec. 3163(b) of Public Law 105-85 (111 Stat. 2050) struck out 
``March 15, 1998,'' and inserted in lieu thereof ``March 15, 1999,''.
---------------------------------------------------------------------------
    (e) Commission Personnel Matters.--(1) Each member of the 
Commission who is not an officer or employee of the Federal 
Government shall be compensated at a rate equal to the daily 
equivalent of the annual rate of basic pay prescribed for level 
IV of the Executive Schedule under section 5315 of title 5, 
United States Code, for each day (including travel time) during 
which such member is engaged in the performance of the duties 
of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as 
officers or employees of the United States.
    (2) The members of the Commission shall be allowed travel 
expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from 
their homes or regular places of business in the performance of 
services for the Commission.
    (3) The Commission may, without regard to the civil service 
laws and regulations, appoint and terminate such personnel as 
may be necessary to enable the Commission to perform its 
duties. The Commission may fix the compensation of the 
personnel of the Commission without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of title 5, United 
States Code, relating to classification of positions and 
General Schedule pay rates.
    (4) Any Federal Government employee may be detailed to the 
Commission without reimbursement, and such detail shall be 
without interruption or loss of civil service status or 
privilege.
    (f) Termination.--The Commission shall terminate 30 days 
after the date on which the Commission submits its report under 
subsection (d).
    (g) Applicability of FACA.--The provisions of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
activities of the Commission.
    (h) Funding.--Of the amounts authorized to be appropriated 
pursuant to section 3101, not more than $1,000,000 shall be 
available for the activities of the Commission under this 
section. Funds made available to the Commission under this 
section shall remain available until expended.

SEC. 3163. SENSE OF CONGRESS REGARDING RELIABILITY AND SAFETY OF 
                    REMAINING NUCLEAR FORCES.

    (a) Findings.--Congress makes the following findings:
          (1) The United States is committed to proceeding with 
        a robust, science-based stockpile stewardship program 
        with respect to production of nuclear weapons, and to 
        maintaining nuclear weapons production capabilities and 
        capacities, that are adequate--
                  (A) to ensure the safety, reliability, and 
                performance of the United States nuclear 
                arsenal; and
                  (B) to meet such changing national security 
                requirements as may result from international 
                developments or technical problems with nuclear 
                warheads.
          (2) The United States is committed to reestablishing 
        and maintaining production facilities for nuclear 
        weapons components at levels that are sufficient--
                  (A) to satisfy requirements for the safety, 
                reliability, and performance of United States 
                nuclear weapons; and
                  (B) to demonstrate and sustain production 
                capabilities and capacities.
          (3) The United States is committed to maintaining the 
        nuclear weapons laboratories and protecting core 
        nuclear weapons competencies.
          (4) The United States is committed to ensuring rapid 
        access to a new production source of tritium within the 
        next decade, as it currently has no meaningful 
        capability to produce tritium, a component that is 
        essential to the performance of modern nuclear weapons.
          (5) The United States reserves the right, consistent 
        with United States law, to resume underground nuclear 
        testing to maintain confidence in the United States 
        stockpile of nuclear weapons if warhead design flaws or 
        aging of nuclear weapons result in problems that a 
        robust stockpile stewardship program cannot solve.
          (6) The United States is committed to funding the 
        Nevada Test Site at a level that maintains the ability 
        of the United States to resume underground nuclear 
        testing within one year after a national decision to do 
        so is made.
          (7) The United States reserves the right to invoke 
        the supreme national interest of the United States and 
        withdraw from any future arms control agreement to 
        limit underground nuclear testing.
    (b) Sense of Congress Regarding Presidential Consultation 
With Congress.--It is the sense of Congress that the President 
should consult closely with Congress regarding United States 
policy and practices to ensure confidence in the safety, 
reliability, and performance of the nuclear stockpile of the 
United States.
    (c) Sense of Congress Regarding Notification and 
Consultation.--It is the sense of Congress that, upon a 
determination by the President that a problem with the safety, 
reliability, or performance of the nuclear stockpile has 
occurred and that the problem cannot be corrected within the 
stockpile stewardship program, the President shall--
          (1) immediately notify Congress of the problem; and
          (2) submit to Congress in a timely manner a plan for 
        corrective action with respect to the problem, 
        including--
                  (A) a technical description of the activities 
                required under the plan; and
                  (B) if underground testing of nuclear weapons 
                would assist in such corrective action, an 
                assessment of the advisability of withdrawing 
                from any treaty that prohibits underground 
                testing of nuclear weapons.
          * * * * * * *

                TITLE XXXV--PANAMA CANAL COMMISSION\24\

          * * * * * * *
---------------------------------------------------------------------------
    \24\Amendments to the Panama Canal Act have been incorporated into 
that Act; see Legislation on Foreign Relations Through 1997, vol. II, 
sec. G.
       f. National Defense Authorization Act for Fiscal Year 1996

 Partial text of Public Law 104-106 [S. 1124], 110 Stat. 186, approved 
  February 10, 1996; amended by Public Law 104-201 [National Defense 
  Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, 
approved September 23, 1996; and by Public Law 105-85 [National Defense 
  Authorization Act for Fiscal Year 1998; H.R. 1119]. 111 Stat. 1629, 
                       approved November 18, 1997

 AN ACT To authorize appropriations for fiscal year 1996 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
   personnel strengths for such fiscal year for the Armed Forces, to 
 reform acquisition laws and information technology management of the 
              Federal Government, 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.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 1996''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into five divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
          (4) Division D--Federal Acquisition Reform.
          (5) Division E--Information Technology Management 
        Reform.
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
          (1) the Committee on Armed Services and the Committee 
        on Appropriations of the Senate; and
          (2) the Committee on National Security and the 
        Committee on Appropriations of the House of 
        Representatives.

SEC. 4. EXTENSION OF TIME FOR SUBMISSION OF REPORTS.

    In the case of any provision of this Act, or any amendment 
made by a provision of this Act, requiring the submission of a 
report to Congress (or any committee of Congress), that report 
shall be submitted not later than the later of--
          (1) the date established for submittal of the report 
        in such provision or amendment; or
          (2) the date that is 45 days after the date of the 
        enactment of this Act.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

          * * * * * * *

                       Subtitle B--Army Programs

SEC. 112. REPEAL OF REQUIREMENTS FOR ARMORED VEHICLE UPGRADES.

    Subsection (j) of section 21 of the Arms Export Control Act 
(22 U.S.C. 2761) is repealed.\1\
---------------------------------------------------------------------------
    \1\See Legislation on Foreign Relations Through 1997, vol. I-A.
---------------------------------------------------------------------------
          * * * * * * *

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

          * * * * * * *

    Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 218. COUNTERPROLIFERATION SUPPORT PROGRAM.

    (a) Funding.--Of the funds authorized to be appropriated to 
the Department of Defense under section 201(4),\2\ $138,237,000 
shall be available for the Counterproliferation Support 
Program, of which $30,000,000 shall be available for a tactical 
antisatellite technologies program.
---------------------------------------------------------------------------
    \2\Sec. 201(4) authorized, for Defense-wide activities, 
$9,693,180,000.
---------------------------------------------------------------------------
    (b) Additional Authority To Transfer Authorizations.--(1) 
In addition to the transfer authority provided in section 1001, 
upon determination by the Secretary of Defense that such action 
is necessary in the national interest, the Secretary may 
transfer amounts of authorizations made available to the 
Department of Defense in this division for fiscal year 1996 to 
counterproliferation programs, projects, and activities 
identified as areas for progress by the Counterproliferation 
Program Review Committee established by section 1605 of the 
National Defense Authorization Act for Fiscal Year 1994 (Public 
Law 103-160; 107 Stat. 1845). Amounts of authorizations so 
transferred shall be merged with and be available for the same 
purposes as the authorization to which transferred.
    (2) The total amount of authorizations transferred under 
the authority of this subsection may not exceed $50,000,000.
    (3) The authority provided by this subsection to transfer 
authorizations--
          (A) may only be used to provide authority for items 
        that have a higher priority than the items from which 
        authority is transferred; and
          (B) may not be used to provide authority for an item 
        that has been denied authorization by Congress.
    (4) A transfer made from one account to another under the 
authority of this subsection shall be deemed to increase the 
amount authorized for the account to which the amount is 
transferred by an amount equal to the amount transferred.
    (5) The Secretary of Defense shall promptly notify Congress 
of transfers made under the authority of this subsection.
          * * * * * * *

          Subtitle C--Ballistic Missile Defense Act of 1995\3\

SEC. 231. SHORT TITLE.

    This subtitle may be cited as the ``Ballistic Missile 
Defense Act of 1995''.
---------------------------------------------------------------------------
    \3\10 U.S.C. 2431 note.
---------------------------------------------------------------------------

SEC. 232. FINDINGS.

    Congress makes the following findings:
          (1) The emerging threat that is posed to the national 
        security interests of the United States by the 
        proliferation of ballistic missiles is significant and 
        growing, both in terms of numbers of missiles and in 
        terms of the technical capabilities of those missiles.
          (2) The deployment of ballistic missile defenses is a 
        necessary, but not sufficient, element of a broader 
        strategy to discourage both the proliferation of 
        weapons of mass destruction and the proliferation of 
        the means of their delivery and to defend against the 
        consequences of such proliferation.
          (3) The deployment of effective Theater Missile 
        Defense systems can deter potential adversaries of the 
        United States from escalating a conflict by threatening 
        or attacking United States forces or the forces or 
        territory of coalition partners or allies of the United 
        States with ballistic missiles armed with weapons of 
        mass destruction to offset the operational and 
        technical advantages of the United States and its 
        coalition partners and allies.
          (4) United States intelligence officials have 
        provided intelligence estimates to congressional 
        committees that (A) the trend in missile proliferation 
        is toward longer range and more sophisticated ballistic 
        missiles, (B) North Korea may deploy an 
        intercontinental ballistic missile capable of reaching 
        Alaska or beyond within five years, and (C) although a 
        new, indigenously developed ballistic missile threat to 
        the continental United States is not foreseen within 
        the next ten years, determined countries can acquire 
        intercontinental ballistic missiles in the near future 
        and with little warning by means other than indigenous 
        development.
          (5) The development and deployment by the United 
        States and its allies of effective defenses against 
        ballistic missiles of all ranges will reduce the 
        incentives for countries to acquire such missiles or to 
        augment existing missile capabilities.
          (6) The concept of mutual assured destruction (based 
        upon an offense-only form of deterrence), which is the 
        major philosophical rationale underlying the ABM 
        Treaty, is now questionable as a basis for stability in 
        a multipolar world in which the United States and the 
        states of the former Soviet Union are seeking to 
        normalize relations and eliminate Cold War attitudes 
        and arrangements.
          (7) The development and deployment of a National 
        Missile Defense system against the threat of limited 
        ballistic missile attacks--
                  (A) would strengthen deterrence at the levels 
                of forces agreed to by the United States and 
                Russia under the Strategic Arms Reduction Talks 
                Treaty (START-I); and
                  (B) would further strengthen deterrence if 
                reductions below the levels permitted under 
                START-I should be agreed to and implemented in 
                the future.
          (8) The distinction made during the Cold War, based 
        upon the technology of the time, between strategic 
        ballistic missiles and nonstrategic ballistic missiles, 
        which resulted in the distinction made in the ABM 
        Treaty between strategic defense and nonstrategic 
        defense, has become obsolete because of technological 
        advancement (including the development by North Korea 
        of long-range Taepo-Dong I and Taepo-Dong II missiles) 
        and, therefore, that distinction in the ABM Treaty 
        should be reviewed.

SEC. 233. BALLISTIC MISSILE DEFENSE POLICY.

    It is the policy of the United States--
          (1) to deploy affordable and operationally effective 
        theater missile defenses to protect forward-deployed 
        and expeditionary elements of the Armed Forces of the 
        United States and to complement the missile defense 
        capabilities of forces of coalition partners and of 
        allies of the United States; and
          (2) to seek a cooperative, negotiated transition to a 
        regime that does not feature an offense-only form of 
        deterrence as the basis for strategic stability.

SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.

    (a) Establishment of Core Program.--To implement the policy 
established in paragraph (1) of section 233, the Secretary of 
Defense shall restructure the core theater missile defense 
program to consist of the following systems:\4\
---------------------------------------------------------------------------
    \4\Sec. 236(1) of Public Law 105-85 (111 Stat. 1665) struck out ``, 
to be carried out so as to achieve the specified capabilities'' 
preceding the colon.
---------------------------------------------------------------------------
          (1) The Patriot PAC-3 system.\5\
---------------------------------------------------------------------------
    \5\Sec. 236(2) of Public Law 105-85 (111 Stat. 1665) struck out ``, 
with a first unit equipped (FUE) during fiscal year 1998'' preceding 
the period.
---------------------------------------------------------------------------
          (2)\6\ Navy Area Defense system.
---------------------------------------------------------------------------
    \6\Sec. 236(3) of Public Law 105-85 (111 Stat. 1665) amended and 
restated para. (2). It formerly read as follows:
    ``(2) The Navy Lower Tier (Area) system, with a user operational 
evaluation system (UOES) capability during fiscal year 1997 and an 
initial operational capability (IOC) during fiscal year 1999.''.
---------------------------------------------------------------------------
          (3) The Theater High-Altitude Area Defense (THAAD) 
        system.\7\
---------------------------------------------------------------------------
    \7\Sec. 236(4) of Public Law 105-85 (111 Stat. 1665) struck out ``, 
with a user operational evaluation system (UOES) capability not later 
than fiscal year 1998 and a first unit equipped (FUE) not later than 
fiscal year 2000'' preceding the period.
---------------------------------------------------------------------------
          (4)\8\ The Navy Theater Wide system.
---------------------------------------------------------------------------
    \8\Sec. 236(5) of Public Law 105-85 (111 Stat. 1665) amended and 
restated para. (4). It formerly read as follows:
    ``(4) The Navy Upper Tier (Theater Wide) system, with a user 
operational evaluation system (UOES) capability during fiscal year 1999 
and an initial operational capability (IOC) during fiscal year 2001.''.
---------------------------------------------------------------------------
    (b) Use of Streamlined Acquisition Procedures.--The 
Secretary of Defense shall prescribe and use streamlined 
acquisition policies and procedures to reduce the cost and 
increase the efficiency of developing and deploying the theater 
missile defense systems specified in subsection (a).
    (c) Interoperability and Support of Core Systems.--To 
maximize effectiveness and flexibility of the systems 
comprising the core theater missile defense program, the 
Secretary of Defense shall ensure that those systems are 
integrated and complementary and are fully capable of 
exploiting external sensor and battle management support from 
systems such as--
          (A) the Cooperative Engagement Capability (CEC) 
        system of the Navy;
          (B) airborne sensors; and
          (C) space-based sensors (including, in particular, 
        the Space and Missile Tracking System).
    (d) Follow-on Systems.--(1) The Secretary of Defense shall 
prepare an affordable development plan for theater missile 
defense systems to be developed as follow-on systems to the 
core systems specified in subsection (a). The Secretary shall 
make the selection of a system for inclusion in the plan based 
on the capability of the system to satisfy military 
requirements not met by the systems in the core program and on 
the capability of the system to use prior investments in 
technologies, infrastructure, and battle-management 
capabilities that are incorporated in, or associated with, the 
systems in the core program.
    (2) The Secretary may not proceed with the development of a 
follow-on theater missile defense system beyond the 
Demonstration/Validation stage of development unless the 
Secretary designates that system as a part of the core program 
under this section and submits to the congressional defense 
committees notice of that designation. The Secretary shall 
include with any such notification a report describing--
          (A) the requirements for the system and the specific 
        threats that such system is designed to counter;
          (B) how the system will relate to, support, and build 
        upon existing core systems;
          (C) the planned acquisition strategy for the system; 
        and
          (D) a preliminary estimate of total program cost for 
        that system and the effect of development and 
        acquisition of such system on Department of Defense 
        budget projections.
    (e) Program Accountability Report.--(1) As part of the 
annual report of the Ballistic Missile Defense Organization 
required by section 224 of Public Law 101-189 (10 U.S.C. 2431 
note), the Secretary of Defense shall describe the technical 
milestones, the schedule, and the cost of each phase of 
development and acquisition (together with total estimated 
program costs) for each core and follow-on theater missile 
defense program.
    (2) As part of such report, the Secretary shall describe, 
with respect to each program covered in the report, any 
variance in the technical milestones, program schedule 
milestones, and costs for the program compared with the 
information relating to that program in the report submitted in 
the previous year and in the report submitted in the first year 
in which that program was covered.
    (f) Reports on TMD System Limitations Under ABM Treaty.--
(1) Whenever, after January 1, 1993, the Secretary of Defense 
issues a certification with respect to the compliance of a 
particular Theater Missile Defense system with the ABM Treaty, 
the Secretary shall transmit to the Committee on Armed Services 
of the Senate and the Committee on National Security of the 
House of Representatives a copy of such certification. Such 
transmittal shall be made not later than 30 days after the date 
on which such certification is issued, except that in the case 
of a certification issued before the date of the enactment of 
this Act, such transmittal shall be made not later than 60 days 
after the date of the enactment of this Act.
    (2) If a certification under paragraph (1) is based on 
application of a policy concerning United States compliance 
with the ABM Treaty that differs from the policy described in 
section 235(b)(1), the Secretary shall include with the 
transmittal under that paragraph a report providing a detailed 
assessment of--
          (A) how the policy applied differs from the policy 
        described in section 235(b)(1); and
          (B) how the application of that policy (rather than 
        the policy described in section 235(b)(1)) will affect 
        the cost, schedule, and performance of that system.

SEC. 235. PROHIBITION ON USE OF FUNDS TO IMPLEMENT AN INTERNATIONAL 
                    AGREEMENT CONCERNING THEATER MISSILE DEFENSE 
                    SYSTEMS.

    (a) Findings.--(1) Congress hereby reaffirms--
          (A) the finding in section 234(a)(7) of the National 
        Defense Authorization Act for Fiscal Year 1994 (Public 
        Law 103-160; 107 Stat. 1595; 10 U.S.C. 2431 note) that 
        the ABM Treaty was not intended to, and does not, apply 
        to or limit research, development, testing, or 
        deployment of missile defense systems, system upgrades, 
        or system components that are designed to counter 
        modern theater ballistic missiles, regardless of the 
        capabilities of such missiles, unless those systems, 
        system upgrades, or system components are tested 
        against or have demonstrated capabilities to counter 
        modern strategic ballistic missiles; and
          (B) the statement in section 232 of the National 
        Defense Authorization Act for Fiscal Year 1995 (Public 
        Law 103-337; 108 Stat. 2700) that the United States 
        shall not be bound by any international agreement 
        entered into by the President that would substantively 
        modify the ABM Treaty unless the agreement is entered 
        into pursuant to the treaty making power of the 
        President under the Constitution.
    (2) Congress also finds that the demarcation standard 
described in subsection (b)(1) for compliance of a missile 
defense system, system upgrade, or system component with the 
ABM Treaty is based upon current technology.
    (b) Sense of Congress Concerning Compliance Policy.--It is 
the sense of Congress that--
          (1) unless a missile defense system, system upgrade, 
        or system component (including one that exploits data 
        from space-based or other external sensors) is flight 
        tested in an ABM-qualifying flight test (as defined in 
        subsection (e)), that system, system upgrade, or system 
        component has not, for purposes of the ABM Treaty, been 
        tested in an ABM mode nor been given capabilities to 
        counter strategic ballistic missiles and, therefore, is 
        not subject to any application, limitation, or 
        obligation under the ABM Treaty; and
          (2) any international agreement that would limit the 
        research, development, testing, or deployment of 
        missile defense systems, system upgrades, or system 
        components that are designed to counter modern theater 
        ballistic missiles in a manner that would be more 
        restrictive than the compliance criteria specified in 
        paragraph (1) should be entered into only pursuant to 
        the treaty making powers of the President under the 
        Constitution.
    (c) Prohibition on Funding.--Funds appropriated or 
otherwise made available to the Department of Defense for 
fiscal year 1996 may not be obligated or expended to implement 
an agreement, or any understanding with respect to 
interpretation of the ABM Treaty, between the United States and 
any of the independent states of the former Soviet Union 
entered into after January 1, 1995, that--
          (1) would establish a demarcation between theater 
        missile defense systems and anti-ballistic missile 
        systems for purposes of the ABM Treaty; or
          (2) would restrict the performance, operation, or 
        deployment of United States theater missile defense 
        systems.
    (d) Exceptions.--Subsection (c) does not apply--
          (1) to the extent provided by law in an Act enacted 
        after this Act;
          (2) to expenditures to implement that portion of any 
        such agreement or understanding that implements the 
        policy set forth in subsection (b)(1); or
          (3) to expenditures to implement any such agreement 
        or understanding that is approved as a treaty or by 
        law.
    (e) ABM-Qualifying Flight Test Defined.--For purposes of 
this section, an ABM-qualifying flight test is a flight test 
against a ballistic missile which, in that flight test, exceeds 
(1) a range of 3,500 kilometers, or (2) a velocity of 5 
kilometers per second.

SEC. 236. BALLISTIC MISSILE DEFENSE COOPERATION WITH ALLIES.

    It is in the interest of the United States to develop its 
own missile defense capabilities in a manner that will permit 
the United States to complement the missile defense 
capabilities developed and deployed by its allies and possible 
coalition partners. Therefore, the Congress urges the 
President--
          (1) to pursue high-level discussions with allies of 
        the United States and selected other states on the 
        means and methods by which the parties on a bilateral 
        basis can cooperate in the development, deployment, and 
        operation of ballistic missile defenses;
          (2) to take the initiative within the North Atlantic 
        Treaty Organization to develop consensus in the 
        Alliance for a timely deployment of effective ballistic 
        missile defenses by the Alliance; and
          (3) in the interim, to seek agreement with allies of 
        the United States and selected other states on steps 
        the parties should take, consistent with their national 
        interests, to reduce the risks posed by the threat of 
        limited ballistic missile attacks, such steps to 
        include--
                  (A) the sharing of early warning information 
                derived from sensors deployed by the United 
                States and other states;
                  (B) the exchange on a reciprocal basis of 
                technical data and technology to support both 
                joint development programs and the sale and 
                purchase of missile defense systems and 
                components; and
                  (C) operational level planning to exploit 
                current missile defense capabilities and to 
                help define future requirements.

SEC. 237. ABM TREATY DEFINED.

    For purposes of this subtitle, the term ``ABM Treaty'' 
means the Treaty Between the United States of America and the 
Union of Soviet Socialist Republics on the Limitation of Anti-
Ballistic Missile Systems, and signed at Moscow on May 26, 
1972, and includes the Protocols to that Treaty, signed at 
Moscow on July 3, 1974.

SEC. 238. REPEAL OF MISSILE DEFENSE ACT OF 1991.

    The Missile Defense Act of 1991 (10 U.S.C. 2431 note) is 
repealed.

         Subtitle D--Other Ballistic Missile Defense Provisions

SEC. 251.\9\ BALLISTIC MISSILE DEFENSE PROGRAM ELEMENTS.

    (a) Elements Specified.--In the budget justification 
materials submitted to Congress in support of the Department of 
Defense budget for any fiscal year after fiscal year 1996 (as 
submitted with the budget of the President under section 
1105(a) of title 31, United States Code), the amount requested 
for activities of the Ballistic Missile Defense Organization 
shall be set forth in accordance with the following program 
elements:
---------------------------------------------------------------------------
    \9\10 U.S.C. 221 note. See also sec. 233 of Public Law 105-85 (111 
Stat. 1663), page 446.
---------------------------------------------------------------------------
          (1) The Patriot system.
          (2) The Navy Lower Tier (Area) system.
          (3) The Theater High-Altitude Area Defense (THAAD) 
        system.
          (4) The Navy Upper Tier (Theater Wide) system.
          (5) The Corps Surface-to-Air Missile (SAM) system.
          (6) Other Theater Missile Defense Activities.
          (7) National Missile Defense.
          (8) Follow-On and Support Technologies.
    (b) Treatment of Core Theater Missile Defense Programs.--
Amounts requested for core theater missile defense programs 
specified in section 234 shall be specified in individual, 
dedicated program elements, and amounts appropriated for such 
programs shall be available only for activities covered by 
those program elements.
    (c) BM/C3I Programs.--Amounts requested for 
programs, projects, and activities involving battle management, 
command, control, communications, and intelligence (BM/
C3I) shall be included in the ``Other Theater 
Missile Defense Activities'' program element or the ``National 
Missile Defense'' program element, as determined on the basis 
of the primary objectives involved.
    (d) Management and Support.--Each program element shall 
include requests for the amounts necessary for the management 
and support of the programs, projects, and activities contained 
in that program element.

SEC. 252. TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.

    Subsection (a) of section 237 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 
Stat. 1600) is amended to read as follows:
    ``(a) Testing of Theater Missile Defense Interceptors.--(1) 
The Secretary of Defense may not approve a theater missile 
defense interceptor program proceeding beyond the low-rate 
initial production acquisition stage until the Secretary 
certifies to the congressional defense committees that such 
program has successfully completed initial operational test and 
evaluation.
    ``(2) In order to be certified under paragraph (1) as 
having been successfully completed, the initial operational 
test and evaluation conducted with respect to an interceptors 
program must have included flight tests--
          ``(A) that were conducted with multiple interceptors 
        and multiple targets in the presence of realistic 
        countermeasures; and
          ``(B) the results of which demonstrate the 
        achievement by the interceptors of the baseline 
        performance thresholds.
    ``(3) For purposes of this subsection, the baseline 
performance thresholds with respect to a program are the 
weapons systems performance thresholds specified in the 
baseline description for the system established (pursuant to 
section 2435(a)(1) of title 10, United States Code) before the 
program entered the engineering and manufacturing development 
stage.
    ``(4) The number of flight tests described in paragraph (2) 
that are required in order to make the certification under 
paragraph (1) shall be a number determined by the Secretary of 
Defense to be sufficient for the purposes of this section.
    ``(5) The Secretary may augment live-fire testing to 
demonstrate weapons system performance goals for purposes of 
the certification under paragraph (1) through the use of 
modeling and simulation that is validated by ground and flight 
testing.''.

SEC. 253. REPEAL OF MISSILE DEFENSE PROVISIONS.

    The following provisions of law are repealed:
          (1) Section 222 of the Department of Defense 
        Authorization Act, 1986 (Public Law 99-145; 99 Stat. 
        613; 10 U.S.C. 2431 note).
          (2) Section 225 of the Department of Defense 
        Authorization Act, 1986 (Public Law 99-145; 99 Stat. 
        614).
          (3) Section 226 of the National Defense Authorization 
        Act for Fiscal Years 1988 and 1989 (Public Law 100-180; 
        101 Stat. 1057; 10 U.S.C. 2431 note).
          (4) Section 8123 of the Department of Defense 
        Appropriations Act, 1989 (Public Law 100-463; 102 Stat. 
        2270-40).
          (5) Section 8133 of the Department of Defense 
        Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 
        1211).
          (6) Section 234 of the National Defense Authorization 
        Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 
        1595; 10 U.S.C. 2431 note).
          (7) Section 242 of the National Defense Authorization 
        Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 
        1603; 10 U.S.C. 2431 note).
          (8) Section 235 of the National Defense Authorization 
        Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 
        2701; 10 U.S.C. 221 note).
          (9) Section 2609 of title 10, United States Code.
          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 1996 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows: * * *
          (15) For Drug Interdiction and Counter-drug 
        Activities, Defense-wide, $680,432,000.
          * * *
          (18) For Cooperative Threat Reduction programs, 
        $300,000,000.
          (19) For Overseas Humanitarian, Disaster, and Civic 
        Aid programs, $50,000,000.
          * * * * * * *

                       Subtitle G--Other Matters

          * * * * * * *

SEC. 379. REPORT ON DEPARTMENT OF DEFENSE MILITARY AND CIVIL DEFENSE 
                    PREPAREDNESS TO RESPOND TO EMERGENCIES RESULTING 
                    FROM A CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR 
                    NUCLEAR ATTACK.

    (a) Report.--(1) Not later than March 1, 1996, the 
Secretary of Defense and the Secretary of Energy shall submit 
to Congress a joint report on the military and civil defense 
plans and programs of the Department of Defense to prepare for 
and respond to the effects of an emergency in the United States 
resulting from a chemical, biological, radiological, or nuclear 
attack on the United States (hereinafter in this section 
referred to as an ``attack-related civil defense emergency'').
    (2) The report shall be prepared in consultation with the 
Director of the Federal Emergency Management Agency.
    (b) Content of Report.--The report shall include the 
following:
          (1) A discussion of the military and civil defense 
        plans and programs of the Department of Defense for 
        preparing for and responding to an attack-related civil 
        defense emergency arising from an attack of a type for 
        which the Department of Defense has a primary 
        responsibility to respond.
          (2) A discussion of the military and civil defense 
        plans and programs of the Department of Defense for 
        preparing for and providing a response to an attack-
        related civil defense emergency arising from an attack 
        of a type for which the Department of Defense has 
        responsibility to provide a supporting response.
          (3) A description of any actions, and any recommended 
        legislation, that the Secretaries consider necessary 
        for improving the preparedness of the Department of 
        Defense to respond effectively to an attack-related 
        civil defense emergency.
          * * * * * * *

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

          * * * * * * *

SEC. 1004. OPERATION PROVIDE COMFORT.

    (a) Authorization of Amounts Available.--Within the total 
amounts authorized to be appropriated in titles III and IV, 
there is hereby authorized to be appropriated for fiscal year 
1996 for costs associated with Operation Provide Comfort--
          (1) $136,300,000 for operation and maintenance costs; 
        and
          (2) $7,000,000 for incremental military personnel 
        costs.
    (b) Report.--Not more than $70,000,000 of the amount 
appropriated under subsection (a) may be obligated until the 
Secretary of Defense submits to the congressional defense 
committees a report on Operation Provide Comfort which includes 
the following:
          (1) A detailed presentation of the projected costs to 
        be incurred by the Department of Defense for Operation 
        Provide Comfort during fiscal year 1996, together with 
        a discussion of missions and functions expected to be 
        performed by the Department as part of that operation 
        during that fiscal year.
          (2) A detailed presentation of the projected costs to 
        be incurred by other departments and agencies of the 
        Federal Government participating in or providing 
        support to Operation Provide Comfort during fiscal year 
        1996.
          (3) A discussion of available options to reduce the 
        involvement of the Department of Defense in those 
        aspects of Operation Provide Comfort that are not 
        directly related to the military mission of the 
        Department of Defense.
          (4) A plan establishing an exit strategy for United 
        States involvement in, and support for, Operation 
        Provide Comfort.
    (c) Operation Provide Comfort.--For purposes of this 
section, the term ``Operation Provide Comfort'' means the 
operation of the Department of Defense that as of October 30, 
1995, is designated as Operation Provide Comfort.

SEC. 1005. OPERATION ENHANCED SOUTHERN WATCH.

    (a) Authorization of Amounts Available.--Within the total 
amounts authorized to be appropriated in titles III and IV, 
there is hereby authorized to be appropriated for fiscal year 
1996 for costs associated with Operation Enhanced Southern 
Watch--
          (1) $433,400,000 for operation and maintenance costs; 
        and
          (2) $70,400,000 for incremental military personnel 
        costs.
    (b) Report.--(1) Of the amounts specified in subsection 
(a), not more than $250,000,000 may be obligated until the 
Secretary of Defense submits to the congressional defense 
committees a report designating Operation Enhanced Southern 
Watch, or significant elements thereof, as a forward presence 
operation for which funding should be budgeted as part of the 
annual defense budget process in the same manner as other 
activities of the Armed Forces involving forward presence or 
forward deployed forces.
    (2) The report shall set forth the following:
          (A) The expected duration and annual costs of the 
        various elements of Operation Enhanced Southern Watch.
          (B) Those elements of Operation Enhanced Southern 
        Watch that are semi-permanent in nature and should be 
        budgeted in the future as part of the annual defense 
        budget process in the same manner as other activities 
        of the Armed Forces involving forward presence or 
        forward deployed forces.
          (C) The political and military objectives associated 
        with Operation Enhanced Southern Watch.
          (D) The contributions (both in-kind and actual) by 
        other nations to the costs of conducting Operation 
        Enhanced Southern Watch.
    (c) Operation Enhanced Southern Watch.--For purposes of 
this section, the term ``Operation Enhanced Southern Watch'' 
means the operation of the Department of Defense that as of 
October 30, 1995, is designated as Operation Enhanced Southern 
Watch.
          * * * * * * *

SEC. 1008. AUTHORIZATION REDUCTIONS TO REFLECT SAVINGS FROM REVISED 
                    ECONOMIC ASSUMPTIONS.

    (a) Reduction.--The total amount authorized to be 
appropriated in titles I, II, and III of this Act is hereby 
reduced by $832,000,000 to reflect savings from revised 
economic assumptions. Such reduction shall be made from 
accounts in those titles as follows: * * *
          Drug Interdiction and Counter-Drug Activities, 
        Defense, $5,000,000.
          * * *
          Overseas Humanitarian, Disaster, and Civic Aid, 
        $1,000,000.
          Former Soviet Union Threat Reduction, $2,000,000.
    (b) Reductions To Be Applied Proportionally.--Reductions 
under this section shall be applied proportionally to each 
budget activity, activity group, and subactivity group and to 
each program, project, and activity within each account.

                Subtitle B--Naval Vessels and Shipyards

          * * * * * * *

SEC. 1012. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.

    (a) Transfers by Grant.--The Secretary of the Navy is 
authorized to transfer on a grant basis under section 516 of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) frigates 
of the Oliver Hazard Perry class to other countries as follows:
          (1) To the Government of Bahrain, the guided missile 
        frigate Jack Williams (FFG 24).
          (2) To the Government of Egypt, the frigate Copeland 
        (FFG 25).
          (3) To the Government of Turkey, the frigates Clifton 
        Sprague (FFG 16) and Antrim (FFG 20).
    (b) Transfers by Lease or Sale.--The Secretary of the Navy 
is authorized to transfer on a lease basis under section 61 of 
the Arms Export Control Act (22 U.S.C. 2796) or on a sale basis 
under section 21 of the Arms Export Control Act (22 U.S.C. 
2761) frigates of the Oliver Hazard Perry class to other 
countries as follows:
          (1) To the Government of Egypt, the frigate Duncan 
        (FFG 10).
          (2) To the Government of Oman, the guided missile 
        frigate Mahlon S. Tisdale (FFG 27).
          (3) To the Government of Turkey, the frigate Flatley 
        (FFG 21).
          (4) To the Government of the United Arab Emirates, 
        the guided missile frigate Gallery (FFG 26).
    (c) Financing for Transfers by Lease.--Section 23 of the 
Arms Export Control Act (22 U.S.C. 2763) may be used to provide 
financing for any transfer by lease under subsection (b) in the 
same manner as if such transfer were a procurement by the 
recipient nation of a defense article.
    (d) Costs of Transfers.--Any expense incurred by the United 
States in connection with a transfer authorized by subsection 
(a) or (b) shall be charged to the recipient.
    (e) Expiration of Authority.--The authority to transfer a 
vessel under subsection (a) and under subsection (b) shall 
expire at the end of the two-year period beginning on the date 
of the enactment of this Act, except that a lease entered into 
during that period under any provision of subsection (b) may be 
renewed.
    (f) Repair and Refurbishment in United States Shipyards.--
The Secretary of the Navy shall require, as a condition of the 
transfer of a vessel under this section, that the country to 
which the vessel is transferred have such repair or 
refurbishment of the vessel as is needed, before the vessel 
joins the naval forces of that country, performed at a shipyard 
located in the United States, including a United States Navy 
shipyard.
    (g) Prohibition on Certain Transfers of Vessels on Grant 
Basis.--(1) Section 516 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2321j)\10\ is amended by adding at the end the 
following new subsection: * * *
---------------------------------------------------------------------------
    \10\See Legislation on Foreign Relations Through 1997, vol. I-A.
---------------------------------------------------------------------------
    (2) The amendment made by paragraph (1) shall apply with 
respect to the transfer of a vessel on or after the date of the 
enactment of this Act (other than a vessel the transfer of 
which is authorized by subsection (a) or by law before the date 
of the enactment of this Act).
          * * * * * * *

 TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET 
                               UNION\11\

          * * * * * * *
---------------------------------------------------------------------------
    \11\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. F.
---------------------------------------------------------------------------

             TITLE XIII--MATTERS RELATING TO OTHER NATIONS

                  Subtitle A--Peacekeeping Provisions

SEC. 1301. LIMITATION ON USE OF DEPARTMENT OF DEFENSE FUNDS FOR UNITED 
                    STATES SHARE OF COSTS OF UNITED NATIONS 
                    PEACEKEEPING ACTIVITIES.

    (a) In General.--Chapter 20 of title 10, United States 
Code, is amended by inserting after section 404 the following 
new section:\12\
---------------------------------------------------------------------------
    \12\This section added a new sec. 405 to 10 U.S.C. See page 389.
---------------------------------------------------------------------------

              Subtitle B--Humanitarian Assistance Programs

SEC. 1311. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID PROGRAMS.

    (a) Covered Programs.--For purposes of section 301 and 
other provisions of this Act, programs of the Department of 
Defense designated as Overseas Humanitarian, Disaster, and 
Civic Aid (OHDACA) programs are the programs provided by 
sections 401, 402, 404, 2547, and 2551 of title 10, United 
States Code.
    (b) GAO Report.--Not later than March 1, 1996, the 
Comptroller General of the United States shall provide to the 
congressional defense committees a report on--
          (1) existing funding mechanisms available to cover 
        the costs associated with the Overseas Humanitarian, 
        Disaster, and Civic Assistance activities through funds 
        provided to the Department of State or the Agency for 
        International Development, and
          (2) if such mechanisms do not exist, actions 
        necessary to institute such mechanisms, including any 
        changes in existing law or regulations.

SEC. 1312.\13\ HUMANITARIAN ASSISTANCE. * * *
---------------------------------------------------------------------------

    \13\See page 434 for 10 U.S.C. 2551, as amended by sec. 1312.
---------------------------------------------------------------------------

SEC. 1313.\14\ LANDMINE CLEARANCE PROGRAM. * * *
---------------------------------------------------------------------------

    \14\See page 384 for 10 U.S.C. 401, as amended by sec. 1313(a) and 
(b).
---------------------------------------------------------------------------
    (c) Repeal.--Section 1413 of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 
Stat. 2913; 10 U.S.C. 401 note) is repealed.

            Subtitle C--Arms Exports and Military Assistance

SEC. 1321. DEFENSE EXPORT LOAN GUARANTEES.

    (a) Establishment of Program.--(1) Chapter 148 of title 10, 
United States Code, is amended by adding at the end the 
following new subchapter:\15\
---------------------------------------------------------------------------
    \15\See page 431 for 10 U.S.C. 2540-2540d, as added by sec. 
1321(a)(1).
---------------------------------------------------------------------------
          * * * * * * *
    (b)\16\ Report.--Not later than two years after the date of 
the enactment of this Act, the President shall submit to 
Congress a report on the loan guarantee program established 
pursuant to section 2540 of title 10, United States Code, as 
added by subsection (a). The report shall include--
---------------------------------------------------------------------------
    \16\10 U.S.C. 2540 note.
---------------------------------------------------------------------------
          (1) an analysis of the costs and benefits of the loan 
        guarantee program; and
          (2) any recommendations for modification of the 
        program that the President considers appropriate, 
        including--
                  (A) any recommended addition to the list of 
                countries for which a guarantee may be issued 
                under the program; and
                  (B) any proposed legislation necessary to 
                authorize a recommended modification.
    (c) First Year Costs.--The Secretary of Defense shall make 
available, from amounts appropriated to the Department of 
Defense for fiscal year 1996 for operations and maintenance, 
such amounts as may be necessary, not to exceed $500,000, for 
the expenses of the Department of Defense during fiscal year 
1996 that are directly attributable to the administration of 
the defense export loan guarantee program under subchapter VI 
of chapter 148 of title 10, United States Code, as added by 
subsection (a).
    (d) Replenishment of Operations and Maintenance Accounts 
for First Year Costs.--The Secretary of Defense shall, using 
funds in the special account referred to in section 2540c(d) of 
title 10, United States Code (as added by subsection (b)), 
replenish operations and maintenance accounts for amounts 
expended from such accounts for expenses referred to in 
subsection (c).

SEC. 1322.\17\ NATIONAL SECURITY IMPLICATIONS OF UNITED STATES EXPORT 
                    CONTROL POLICY.

    (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \17\50 U.S.C. app. 2404 note.
---------------------------------------------------------------------------
          (1) Export controls remain an important element of 
        the national security policy of the United States.
          (2) It is in the national security interest that 
        United States export control policy be effective in 
        preventing the transfer, to potential adversaries or 
        combatants of the United States, of technology that 
        threatens the national security or defense of the 
        United States.
          (3) It is in the national security interest that the 
        United States monitor aggressively the export of 
        militarily critical technology in order to prevent its 
        diversion to potential adversaries or combatants of the 
        United States.
          (4) The Department of Defense relies increasingly on 
        commercial and dual-use technologies, products, and 
        processes to support United States military 
        capabilities and economic strength.
          (5) The maintenance of the military advantage of the 
        United States depends on effective export controls on 
        dual-use items and technologies that are critical to 
        the military capabilities of the Armed Forces.
    (b)  Sense of Congress.--It is the sense of Congress that--
          (1) the Secretary of Defense should evaluate license 
        applications for the export of militarily critical 
        commodities the export of which is controlled for 
        national security reasons if those commodities are to 
        be exported to certain countries of concern;
          (2) the Secretary of Defense should identify the 
        dual-use items and technologies that are critical to 
        the military capabilities of the Armed Forces, 
        including the military use made of such items and 
        technologies;
          (3) upon identification by the Secretary of Defense 
        of the dual-use items and technologies referred to in 
        paragraph (2), the President should ensure effective 
        export controls or use unilateral export controls on 
        dual-use items and technologies that are critical to 
        the military capabilities of the Armed Forces 
        (regardless of the availability of such items or 
        technologies overseas) with respect to the countries 
        that--
                  (A) pose a threat to the national security 
                interests of the United States; and
                  (B) are not members in good standing of 
                bilateral or multilateral agreements to which 
                the United States is a party on the use of such 
                items and technologies; and
          (4) the President, upon recommendation of the 
        Secretary of Defense, should ensure effective controls 
        on the re-export by other countries of dual-use items 
        and technologies that are critical to the military 
        capabilities of the Armed Forces.
    (c) Annual Report.--(1) Not later than December 1 of each 
year through 1999, the President shall submit to the committees 
specified in paragraph (4) a report on the effect of the export 
control policy of the United States on the national security 
interests of the United States.
    (2) The report shall include the following:
          (A) A list setting forth each country determined by 
        the Secretary of Defense, the intelligence community, 
        and other appropriate agencies to be a rogue nation or 
        potential adversary or combatant of the United States.
          (B) For each country so listed, a list of--
                  (i) the categories of items that the United 
                States currently prohibits for export to the 
                country;
                  (ii) the categories of items that may be 
                exported from the United States with an 
                individual license, and in such cases, any 
                licensing conditions normally required and the 
                policy grounds used for approvals and denials; 
                and
                  (iii) the categories of items that may be 
                exported under a general license designated 
                ``G-DEST''.
          (C) For each category of items listed under 
        subparagraph (B)--
                  (i) a statement whether a prohibition, 
                control, or licensing requirement on a category 
                of items is imposed pursuant to an 
                international multilateral agreement or is 
                unilateral;
                  (ii) a statement whether a prohibition, 
                control, or licensing requirement on a category 
                of items is imposed by the other members of an 
                international agreement or is unilateral;
                  (iii) when the answer under either clause (i) 
                or clause (ii) is unilateral, a statement 
                concerning the efforts being made to ensure 
                that the prohibition, control, or licensing 
                requirement is made multilateral; and
                  (iv) a statement on what impact, if any, a 
                unilateral prohibition is having, or would 
                have, on preventing the rogue nation or 
                potential adversary from attaining the items in 
                question for military purposes.
          (D) A description of United States policy on sharing 
        satellite imagery that has military significance and a 
        discussion of the criteria for determining the imagery 
        that has that significance.
          (E) A description of the relationship between United 
        States policy on the export of space launch vehicle 
        technology and the Missile Technology Control Regime.
          (F) An assessment of United States efforts to support 
        the inclusion of additional countries in the Missile 
        Technology Control Regime.
          (G) An assessment of the ongoing efforts made by 
        potential participant countries in the Missile 
        Technology Control Regime to meet the guidelines 
        established by the Missile Technology Control Regime.
          (H) A discussion of the history of the space launch 
        vehicle programs of other countries, including a 
        discussion of the military origins and purposes of such 
        programs and the current level of military involvement 
        in such programs.
    (3) The President shall submit the report in unclassified 
form, but may include a classified annex.
    (4) The committees referred to in paragraph (1) are the 
following:
          (A) The Committee on Armed Services and the Committee 
        on Foreign Relations of the Senate.
          (B) The Committee on National Security and the 
        Committee on International Relations of the House of 
        Representatives.
    (5) For purposes of this subsection, the term ``Missile 
Technology Control Regime'' means the policy statement 
announced on April 16, 1987, between the United States, the 
United Kingdom, the Federal Republic of Germany, France, Italy, 
Canada, and Japan to restrict sensitive missile-relevant 
transfers based on the Missile Technology Control Regime Annex, 
and any amendment thereto.

SEC. 1323.\17\ DEPARTMENT OF DEFENSE REVIEW OF EXPORT LICENSES FOR 
                    CERTAIN BIOLOGICAL PATHOGENS.

    (a) Department of Defense Review.--Any application to the 
Secretary of Commerce for a license for the export of a class 
2, class 3, or class 4 biological pathogen to a country 
identified to the Secretary under subsection (c) as a country 
that is known or suspected to have a biological weapons program 
shall be referred to the Secretary of Defense for review. The 
Secretary of Defense shall notify the Secretary of Commerce 
within 15 days after receipt of an application under the 
preceding sentence whether the export of such biological 
pathogen pursuant to the license would be contrary to the 
national security interests of the United States.
    (b) Denial of License if Contrary to National Security 
Interest.--A license described in subsection (a) shall be 
denied by the Secretary of Commerce if it is determined that 
the export of such biological pathogen to that country would be 
contrary to the national security interests of the United 
States.
    (c) Identification of Countries Known or Suspected To Have 
a Program To Develop Offensive Biological Weapons.--(1) The 
Secretary of Defense shall determine, for the purposes of this 
section, those countries that are known or suspected to have a 
program to develop offensive biological weapons. Upon making 
such determination, the Secretary shall provide to the 
Secretary of Commerce a list of those countries.
    (2) The Secretary of Defense shall update the list under 
paragraph (1) on a regular basis. Whenever a country is added 
to or deleted from such list, the Secretary shall notify the 
Secretary of Commerce.
    (3) Determination under this subsection of countries that 
are known or suspected to have a program to develop offensive 
biological weapons shall be made in consultation with the 
Secretary of State and the intelligence community.
    (d) Definition.--For purposes of this section, the term 
``class 2, class 3, or class 4 biological pathogen'' means any 
biological pathogen that is characterized by the Centers for 
Disease Control as a class 2, class 3, or class 4 biological 
pathogen.

SEC. 1324.\17\ ANNUAL REPORTS ON IMPROVING EXPORT CONTROL MECHANISMS 
                    AND ON MILITARY ASSISTANCE.

    (a) Joint Reports by Secretaries of State and Commerce.--
Not later than April 1 of each of 1996 and 1997, the Secretary 
of State and the Secretary of Commerce shall submit to Congress 
a joint report, prepared in consultation with the Secretary of 
Defense, relating to United States export-control mechanisms. 
Each such report shall set forth measures to be taken to 
strengthen United States export-control mechanisms, including--
          (1) steps being taken by each Secretary (A) to share 
        on a regular basis the export licensing watchlist of 
        that Secretary's department with the other Secretary, 
        and (B) to incorporate the export licensing watchlist 
        data received from the other Secretary into the 
        watchlist of that Secretary's department;
          (2) steps being taken by each Secretary to 
        incorporate into the watchlist of that Secretary's 
        department similar data from systems maintained by the 
        Department of Defense and the United States Customs 
        Service; and
          (3) a description of such further measures to be 
        taken to strengthen United States export-control 
        mechanisms as the Secretaries consider to be 
        appropriate.
    (b) Reports by Inspectors General.--(1) Not later than 
April 1 of each of 1996 and 1997, the Inspector General of the 
Department of State and the Inspector General of the Department 
of Commerce shall each submit to Congress a report providing 
that official's evaluation of the effectiveness during the 
preceding year of the export licensing watchlist screening 
process of that official's department. The reports shall be 
submitted in both a classified and unclassified version.
    (2) Each report of an Inspector General under paragraph (1) 
shall (with respect to that official's department)--
          (A) set forth the number of export licenses granted 
        to parties on the export licensing watchlist;
          (B) set forth the number of end-use checks performed 
        with respect to export licenses granted to parties on 
        the export licensing watchlist the previous year;
          (C) assess the screening process used in granting an 
        export license when an applicant is on the export 
        licensing watchlist; and
          (D) assess the extent to which the export licensing 
        watchlist contains all relevant information and parties 
        required by statute or regulation.
    (c) Annual Military Assistance Report.--The Foreign 
Assistance Act of 1961 is amended by inserting after section 
654 (22 U.S.C. 2414) the following new section:

``SEC. 655. ANNUAL REPORT ON MILITARY ASSISTANCE, MILITARY EXPORTS, AND 
                    MILITARY IMPORTS. * * *\18\
---------------------------------------------------------------------------

    \18\See Legislation on Foreign Relations Through 1997, vol. I-A.
---------------------------------------------------------------------------

SEC. 1325. REPORT ON PERSONNEL REQUIREMENTS FOR CONTROL OF TRANSFER OF 
                    CERTAIN WEAPONS.

    Not later than 30 days after the date of the enactment of 
this Act, the Secretary of Defense and the Secretary of Energy 
shall submit to the committees of Congress referred to in 
subsection (c) of section 1154 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 
Stat. 1761) the report required under subsection (a) of that 
section. The Secretary of Defense and the Secretary of Energy 
shall include with the report an explanation of the failure of 
such Secretaries to submit the report in accordance with such 
subsection (a) and with all other previous requirements for the 
submittal of the report.

 Subtitle D--Burdensharing and Other Cooperative Activities Involving 
                            Allies and NATO

SEC. 1331. ACCOUNTING FOR BURDENSHARING CONTRIBUTIONS.

    (a) Authority To Manage Contributions in Local Currency, 
Etc.--Subsection (b) of section 2350j of title 10, United 
States Code, is amended to read as follows:\19\
---------------------------------------------------------------------------
    \19\See page 420 for 10 U.S.C. 2350j, as amended.
---------------------------------------------------------------------------

SEC. 1332. AUTHORITY TO ACCEPT CONTRIBUTIONS FOR EXPENSES OF RELOCATION 
                    WITHIN HOST NATION OF UNITED STATES ARMED FORCES 
                    OVERSEAS.

    (a) In General.--(1) Subchapter II of chapter 138 of title 
10, United States Code, is amended by adding at the end the 
following new section: * * *\20\
---------------------------------------------------------------------------
    \20\Sec. 1332(a) added a new sec. 2350k to 10 U.S.C. For text, see 
page 421.
---------------------------------------------------------------------------
    (b)\21\ Effective Date.--Section 2350k of title 10, United 
States Code, as added by subsection (a), shall take effect on 
the date of the enactment of this Act and shall apply to 
contributions for relocation of elements of the Armed Forces in 
or to any nation received on or after such date.
---------------------------------------------------------------------------
    \21\10 U.S.C. 2350k note.
---------------------------------------------------------------------------

SEC. 1333. REVISED GOAL FOR ALLIED SHARE OF COSTS FOR UNITED STATES 
                    INSTALLATIONS IN EUROPE.

    Section 1304(a) of the National Defense Authorization Act 
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2890) is 
amended--
          (1) by inserting ``(1)'' after ``so that''; and
          (2) by inserting before the period at the end the 
        following: ``, and (2) by September 30, 1997, those 
        nations have assumed 42.5 percent of such costs''.

SEC. 1334. EXCLUSION OF CERTAIN FORCES FROM EUROPEAN END STRENGTH 
                    LIMITATION.

    (a) Exclusion of Members Performing Duties Under Military-
To-Military Contact Program.--Paragraph (3) of section 1002(c) 
of the Department of Defense Authorization Act, 1985 (22 U.S.C. 
1928 note) is amended to read as follows:
    ``(3) For purposes of this subsection, the following 
members of the Armed Forces are excluded in calculating the end 
strength level of members of the Armed Forces of the United 
States assigned to permanent duty ashore in European member 
nations of NATO:
          ``(A) Members assigned to permanent duty ashore in 
        Iceland, Greenland, and the Azores.
          ``(B) Members performing duties in Europe for more 
        than 179 days under a military-to-military contact 
        program under section 168 of title 10, United States 
        Code.''.

SEC. 1335. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS WITH NATO 
                    ORGANIZATIONS.

    Section 2350b(e) of title 10, United States Code, is 
amended--* * *\22\
---------------------------------------------------------------------------
    \22\Sec. 1335 amended 10 U.S.C. 2350b(e); for amended text see page 
411.
---------------------------------------------------------------------------

SEC. 1336. SUPPORT SERVICES FOR THE NAVY AT THE PORT OF HAIFA, ISRAEL.

    (a) Sense of Congress.--It is the sense of Congress that 
the Secretary of Defense should promptly seek to undertake such 
actions as are necessary--
          (1) to ensure that suitable port services are 
        available to the Navy at the Port of Haifa, Israel; and
          (2) to ensure the availability to the Navy of 
        suitable services at that port in light of the 
        continuing increase in commercial activities at the 
        port.
    (b) Report.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of the Navy shall submit 
to Congress a report on the availablity\23\ of port services 
for the Navy in the eastern Mediterranean Sea region. The 
report shall specify--
---------------------------------------------------------------------------
    \23\As enrolled.
---------------------------------------------------------------------------
          (1) the services required by the Navy when calling at 
        the port of Haifa, Israel; and
          (2) the availability of those services at ports 
        elsewhere in the region.

                       Subtitle E--Other Matters

SEC. 1341. PROHIBITION ON FINANCIAL ASSISTANCE TO TERRORIST COUNTRIES.

    (a) Prohibition.--Subchapter I of chapter 134 of title 10, 
United States Code, is amended by adding at the end the 
following: * * *\24\
---------------------------------------------------------------------------
    \24\Sec. 1341(a) added a new sec. 2249a to 10 U.S.C. For text, see 
page 396. Sec. 1341(b) made a clerical amendment to the table of 
sections of 10 U.S.C.
---------------------------------------------------------------------------

SEC. 1342.\25\ JUDICIAL ASSISTANCE TO THE INTERNATIONAL TRIBUNAL FOR 
                    YUGOSLAVIA AND TO THE INTERNATIONAL TRIBUNAL FOR 
                    RWANDA.

    (a) Surrender of Persons.--
          (1) Application of united states extradition laws.--
        Except as provided in paragraphs (2) and (3), the 
        provisions of chapter 209 of title 18, United States 
        Code, relating to the extradition of persons to a 
        foreign country pursuant to a treaty or convention for 
        extradition between the United States and a foreign 
        government, shall apply in the same manner and extent 
        to the surrender of persons, including United States 
        citizens, to--
---------------------------------------------------------------------------
    \25\18 U.S.C. 3181 note.
---------------------------------------------------------------------------
                  (A) the International Tribunal for 
                Yugoslavia, pursuant to the Agreement Between 
                the United States and the International 
                Tribunal for Yugoslavia; and
                  (B) the International Tribunal for Rwanda, 
                pursuant to the Agreement Between the United 
                States and the International Tribunal for 
                Rwanda.
          (2) Evidence on hearings.--For purposes of applying 
        section 3190 of title 18, United States Code, in 
        accordance with paragraph (1), the certification 
        referred to in that section may be made by the 
        principal diplomatic or consular officer of the United 
        States resident in such foreign countries where the 
        International Tribunal for Yugoslavia or the 
        International Tribunal for Rwanda may be permanently or 
        temporarily situated.
          (3) Payment of fees and costs.--(A) The provisions of 
        the Agreement Between the United States and the 
        International Tribunal for Yugoslavia and of the 
        Agreement Between the United States and the 
        International Tribunal for Rwanda shall apply in lieu 
        of the provisions of section 3195 of title 18, United 
        States Code, with respect to the payment of expenses 
        arising from the surrender by the United States of a 
        person to the International Tribunal for Yugoslavia or 
        the International Tribunal for Rwanda, respectively, or 
        from any proceedings in the United States relating to 
        such surrender.
          (B) The authority of subparagraph (A) may be 
        exercised only to the extent and in the amounts 
        provided in advance in appropriations Acts.
          (4) Nonapplicability of the federal rules.--The 
        Federal Rules of Evidence and the Federal Rules of 
        Criminal Procedure do not apply to proceedings for the 
        surrender of persons to the International Tribunal for 
        Yugoslavia or the International Tribunal for Rwanda.
    (b) Assistance to Foreign and International Tribunals and 
to Litigants Before Such Tribunals.--Section 1782(a) of title 
28, United States Code, is amended by inserting in the first 
sentence after ``foreign or international tribunal'' the 
following: ``, including criminal investigations conducted 
before formal accusation''.
    (c) Definitions.--For purposes of this section:
          (1) International tribunal for yugoslavia.--The term 
        ``International Tribunal for Yugoslavia'' means the 
        International Tribunal for the Prosecution of Persons 
        Responsible for Serious Violations of International 
        Humanitarian Law in the Territory of the Former 
        Yugoslavia, as established by United Nations Security 
        Council Resolution 827 of May 25, 1993.
          (2) International tribunal for rwanda.--The term 
        ``International Tribunal for Rwanda'' means the 
        International Tribunal for the Prosecution of Persons 
        Responsible for Genocide and Other Serious Violations 
        of International Humanitarian Law Committed in the 
        Territory of Rwanda and Rwandan Citizens Responsible 
        for Genocide and Other Such Violations Committed in the 
        Territory of Neighboring States, as established by 
        United Nations Security Council Resolution 955 of 
        November 8, 1994.
          (3) Agreement between the united states and the 
        international tribunal for yugoslavia.--The term 
        ``Agreement Between the United States and the 
        International Tribunal for Yugoslavia'' means the 
        Agreement on Surrender of Persons Between the 
        Government of the United States and the International 
        Tribunal for the Prosecution of Persons Responsible for 
        Serious Violations of International Law in the 
        Territory of the Former Yugoslavia, signed at The 
        Hague, October 5, 1994.
          (4) Agreement between the united states and the 
        international tribunal for rwanda.--The term 
        ``Agreement between the United States and the 
        International Tribunal for Rwanda'' means the Agreement 
        on Surrender of Persons Between the Government of the 
        United States and the International Tribunal for the 
        Prosecution of Persons Responsible for Genocide and 
        Other Serious Violations of International Humanitarian 
        Law Committed in the Territory of Rwanda and Rwandan 
        Citizens Responsible for Genocide and Other Such 
        Violations Committed in the Territory of Neighboring 
        States, signed at The Hague, January 24, 1995.

SEC. 1343. SEMIANNUAL REPORTS CONCERNING UNITED STATES-PEOPLE'S 
                    REPUBLIC OF CHINA JOINT DEFENSE CONVERSION 
                    COMMISSION.

    (a) Reports Required.--The Secretary of Defense shall 
submit to Congress a semiannual report on the United States-
People's Republic of China Joint Defense Conversion Commission. 
Each such report shall include the following:
          (1) A description of the extent to which the 
        activities conducted in, through, or as a result of the 
        Commission could have directly or indirectly assisted, 
        or may directly or indirectly assist, the military 
        modernization efforts of the People's Republic of 
        China.
          (2) A discussion of the activities and operations of 
        the Commission, including--
                  (A) United States funding;
                  (B) a listing of participating United States 
                officials;
                  (C) specification of meeting dates and 
                locations (prospective and retrospective);
                  (D) summary of discussions; and
                  (E) copies of any agreements reached.
          (3) A discussion of the relationship between the 
        ``defense conversion'' activities of the People's 
        Republic of China and its defense modernization 
        efforts.
          (4) A discussion of the extent to which United States 
        business activities pursued, or proposed to be pursued, 
        under the imprimatur of the Commission, or the 
        importation of western technology in general, 
        contributes to the modernization of China's military 
        industrial base, including any steps taken by the 
        United States or by United States commercial entities 
        to safeguard the technology or intellectual property 
        rights associated with any materials or information 
        transferred.
          (5) An assessment of the benefits derived by the 
        United States from its participation in the Commission, 
        including whether or to what extent United States 
        participation in the Commission has resulted or will 
        result in the following:
                  (A) Increased transparency in the current and 
                projected military budget and doctrine of the 
                People's Republic of China.
                  (B) Improved behavior and cooperation by the 
                People's Republic of China in the areas of 
                missile and nuclear proliferation.
                  (C) Increased transparency in the plans of 
                the People's Republic of China's for nuclear 
                and missile force modernization and testing.
          (6) Efforts undertaken by the Secretary of Defense 
        to--
                  (A) establish a list of enterprises 
                controlled by the People's Liberation Army, 
                including those which have been successfully 
                converted to produce products solely for 
                civilian use; and
                  (B) provide estimates of the total revenues 
                of those enterprises.
          (7) A description of current or proposed mechanisms 
        for improving the ability of the United States to track 
        the flow of revenues from the enterprises specified on 
        the list established under paragraph (6)(A).
    (b) Submittal of Reports.--A report shall be submitted 
under subsection (a) not later than August 1 of each year with 
respect to the first six months of that year and shall be 
submitted not later than February 1 of each year with respect 
to the last six months of the preceding year. The first report 
under such subsection shall be submitted not less than 60 days 
after the date of the enactment of this Act and shall apply 
with respect to the six-month period preceding the date of the 
enactment of this Act.
    (c) Final Report Upon Termination of Commission.--Upon the 
termination of the United States-People's Republic of China 
Joint Defense Conversion Commission, the Secretary of Defense 
shall submit a final report under this section covering the 
period from the end of the period covered by the last such 
report through the termination of the Commission, and 
subsection (a) shall cease to apply after the submission of 
such report.

                  TITLE XIV--ARMS CONTROL MATTERS\26\

          * * * * * * *
---------------------------------------------------------------------------
    \26\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. F.
---------------------------------------------------------------------------

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

   Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3131.\27\ AUTHORITY TO CONDUCT PROGRAM RELATING TO FISSILE 
                    MATERIALS.

    (a) Authority.--The Secretary of Energy may conduct 
programs designed to improve the protection, control, and 
accountability of fissile materials in Russia.
---------------------------------------------------------------------------
    \27\22 U.S.C. 5952 note.
---------------------------------------------------------------------------
    (b) Semi-Annual Reports on Obligation of Funds.--(1) Not 
later than 30 days after the date of the enactment of this Act, 
and thereafter not later than April 1 and October 1 of each 
year, the Secretary of Energy shall submit to Congress a report 
on each obligation during the preceding six months of funds 
appropriated for a program described in subsection (a).
    (2) Each such report shall specify--
          (A) the activities and forms of assistance for which 
        the Secretary of Energy has obligated funds;
          (B) the amount of the obligation;
          (C) the activities and forms of assistance for which 
        the Secretary anticipates obligating funds during the 
        six months immediately following the report, and the 
        amount of each such anticipated obligation; and
          (D) the projected involvement (if any) of any 
        department or agency of the United States (in addition 
        to the Department of Energy) and of the private sector 
        of the United States in the activities and forms of 
        assistance for which the Secretary of Energy has 
        obligated funds referred to in subparagraph (A).
          * * * * * * *

                       Subtitle D--Other Matters

SEC. 3151. REPORT ON FOREIGN TRITIUM PURCHASES.

    (a) Report.--Not later than May 1, 1996, the President 
shall submit to the congressional defense committees a report 
on the feasibility of, the cost of, and the policy, legal, and 
other issues associated with purchasing tritium from various 
foreign suppliers in order to ensure an adequate supply of 
tritium in the United States for nuclear weapons.
    (b) Form of Report.--The report shall be submitted in 
unclassified form, but may contain a classified appendix.

SEC. 3152.\28\ STUDY ON NUCLEAR TEST READINESS POSTURES.

    Not later than February 15, 1996, the Secretary of Energy 
shall submit to Congress a report on the costs, programmatic 
issues, and other issues associated with sustaining the 
capability of the Department of Energy--
---------------------------------------------------------------------------
    \28\Sec. 3158 of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104-201; 110 Stat. 2842) required the Secretary 
of Energy to submit a second, updated, report not later than June 1, 
1997.
---------------------------------------------------------------------------
          (1) to conduct an underground nuclear test 6 months 
        after the date on which the President determines that 
        such a test is necessary to ensure the national 
        security of the United States;
          (2) to conduct such a test 18 months after such date; 
        and
          (3) to conduct such a test 36 months after such date.
---------------------------------------------------------------------------
    \29\Formerly at 42 U.S.C. 2121 note. Sec. 3152(c) of Public Law 
105-85 (111 Stat. 2042) repealed sec. 3153, which had required the 
President to submit a master plan to Congress by March 15, 1996, for 
the certification, stewardship, and management of warheads in the 
nuclear weapons stockpile.
---------------------------------------------------------------------------

SEC. 3153.\29\ * * * [REPEALED--1996]

SEC. 3154. PROHIBITION ON INTERNATIONAL INSPECTIONS OF DEPARTMENT OF 
                    ENERGY FACILITIES UNLESS PROTECTION OF RESTRICTED 
                    DATA IS CERTIFIED.

    (a)\30\ Prohibition on Inspections.--(1) The Secretary of 
Energy may not allow an inspection of a nuclear weapons 
facility by the International Atomic Energy Agency until the 
Secretary certifies to Congress that no restricted data will be 
revealed during such inspection.
---------------------------------------------------------------------------
    \30\42 U.S.C. 2164 note.
---------------------------------------------------------------------------
    (2) For purposes of paragraph (1), the term ``restricted 
data'' has the meaning provided by section 11 y. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(y)).
    (b) Extension of Notice-and-Wait Requirement Regarding 
Proposed Cooperation Agreements.--Section 3155(b) of the 
National Defense Authorization Act for Fiscal Year 1995 (Public 
Law 103-337; 108 Stat. 3092) is amended by striking out 
``December 31, 1995'' and inserting in lieu thereof ``October 
1, 1996''.
          * * * * * * *

                TITLE XXXV--PANAMA CANAL COMMISSION\31\

          * * * * * * *
---------------------------------------------------------------------------
    \31\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. G.
       g. National Defense Authorization Act for Fiscal Year 1995

Partial text of Public Law 103-337 [S. 2182], 108 Stat. 2663, approved 
   October 5, 1994; amended by Public Law 104-106 [National Defense 
   Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
    approved February 10, 1996; and by Public Law 104-208 [Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996; division C 
 of the Omnibus Consolidated Appropriations Act, 1997; H.R. 3610], 110 
                Stat. 3009, approved September 30, 1996

 AN ACT To authorize appropriations for fiscal year 1995 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 1995''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means the Committees on Armed Services and the 
Committees on Appropriations of the Senate and House of 
Representatives.\1\
---------------------------------------------------------------------------
    \1\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.
---------------------------------------------------------------------------
_______________________________________________________________________


          Note.--Secs. 1006 and 1007 of the National Defense 
        Authorization Act for Fiscal Year 1996 (Public Law 104-
        106; 110 Stat. 419) provided the following:
          ``SEC. 1006. AUTHORITY FOR OBLIGATION OF CERTAIN 
        UNAUTHORIZED FISCAL YEAR 1995 DEFENSE APPROPRIATIONS.
          ``(a) Authority.--The amounts described in subsection 
        (b) may be obligated and expended for programs, 
        projects, and activities of the Department of Defense 
        in accordance with fiscal year 1995 defense 
        appropriations.
          ``(b) Covered Amounts.--The amounts referred to in 
        subsection (a) are the amounts provided for programs, 
        projects, and activities of the Department of Defense 
        in fiscal year 1995 defense appropriations that are in 
        excess of the amounts provided for such programs, 
        projects, and activities in fiscal year 1995 defense 
        authorizations.
          ``(c) Definitions.--For the purposes of this section:
          ``(1) Fiscal year 1995 defense appropriations.--The 
        term `fiscal year 1995 defense appropriations' means 
        amounts appropriated or otherwise made available to the 
        Department of Defense for fiscal year 1995 in the 
        Department of Defense Appropriations Act, 1995 (Public 
        Law 103-335).
          ``(2) Fiscal year 1995 defense authorizations.--The 
        term `fiscal year 1995 defense authorizations' means 
        amounts authorized to be appropriated for the 
        Department of Defense for fiscal year 1995 in the 
        National Defense Authorization Act for Fiscal Year 1995 
        (Public Law 103-337).
          ``SEC. 1007. AUTHORIZATION OF PRIOR EMERGENCY 
        SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1995.
          ``(a) Adjustment to Previous Authorizations.--Amounts 
        authorized to be appropriated to the Department of 
        Defense for fiscal year 1995 in the National Defense 
        Authorization Act for Fiscal Year 1995 (Public Law 103-
        337) are hereby adjusted, with respect to any such 
        authorized amount, by the amount by which 
        appropriations pursuant to such authorization were 
        increased (by a supplemental appropriation) or 
        decreased (by a rescission), or both, in title I of the 
        Emergency Supplemental Appropriations and Rescissions 
        for the Department of Defense to Preserve and Enhance 
        Military Readiness Act of 1995 (Public Law 104-6; 109 
        Stat. 73).
          ``(b) New Authorization.--The appropriation provided 
        in section 104 of such Act (109 Stat. 79) is hereby 
        authorized.''.

_______________________________________________________________________


            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

          * * * * * * *

SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

    (a) Authorization.--There is hereby authorized to be 
appropriated for fiscal year 1995 the amount of $599,549,000  
for--
          (1) the destruction of lethal chemical agents and 
        munitions in accordance with section 1412 of the 
        Department of Defense Authorization Act, 1986 (50 
        U.S.C. 1521); and
          (2) the destruction of chemical warfare material of 
        the United States that is not covered by section 1412 
        of such Act.
    (b) Limitation.--Of the funds specified in subsection (a)--
          (1) $363,584,000 is for operations and maintenance;
          (2) $215,265,000 is for procurement; and
          (3) $20,700,000 is for research and development 
        efforts in support of the chemical weapons program.
    (c) Authority for Obligation of Unauthorized 
Appropriations.--The Secretary of Defense may obligate funds 
appropriated for research, development, test, and evaluation of 
alternative technologies under the heading ``Chemical Agents 
and Munitions Destruction, Defense'' in title VI of Public Law 
103-139 (107 Stat. 1436).
          * * * * * * *

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

          * * * * * * *

    Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. SPACE LAUNCH MODERNIZATION.

    (a) Policy.--(1) It is in the Nation's long-term national 
security and economic interests to regain preeminence in the 
area of space launch technology and operations.
    (2) Access to space at affordable costs is fundamental to 
maintaining required command, control, communications, 
intelligence, navigation, weather, and early warning support to 
United States and coalition forces.
    (3) Encouragement of privately financed, cost effective 
expendable and reusable launch vehicles is in the economic 
interest of the Department of Defense and the United States 
Government.
    (b) Finding.--Congress finds that the current Department of 
Defense space launch infrastructure has several deficiencies, 
including high cost, excessive management overhead, inadequate 
operability and responsiveness to satellite launch 
requirements, lack of standardization, very large launch 
personnel requirements to support launch operations, over 
capacity, and technology obsolescence.
    (c) Required Actions.--The Secretary of Defense shall take 
the following actions in pursuance of the space launch 
modernization policy set forth in subsection (a) and to correct 
the deficiencies described in subsection (b):
          (1) Develop an integrated space launch vehicle 
        strategy that, if implemented, would replace or 
        consolidate the current fleet of medium and heavy 
        launch vehicles. Where prudent and cost effective, the 
        strategy should include a plan for the development of 
        new or upgraded expendable launch vehicles.
          (2) Implement improved management practices including 
        streamlined acquisition approaches, small government 
        program staff, and minimal program overhead.
          (3) Encourage and evaluate innovative acquisition, 
        technical, and financing (including best commercial 
        practices) solutions for providing affordable, 
        operable, reliable, and responsive access to space.
          (4) Centralize oversight of launch requirements to 
        ensure integrated evaluation of satellite requirements 
        and launch capabilities.
          (5) Encourage and provide incentives for the use of 
        commercial practices in the acquisition, operation, and 
        support of Department of Defense space operations.
          (6) Establish effective coordination among military, 
        civilian, and commercial launch developers and users.
    (d) Allocation of Funds.--Of the amount authorized to be 
appropriated in section 201(3), $90,000,000 shall be available 
for research, development, test, and evaluation of non-man-
rated space launch systems and technologies. Of that amount--
          (1) $30,000,000 shall be available for a competitive 
        reusable rocket technology program; and
          (2) $60,000,000 shall be available for expendable 
        launch vehicle technology development and acquisition, 
        as appropriate.
    (e) Transfer of Funds.--The Secretary of Defense shall, to 
the extent provided in appropriations Acts, transfer to the 
Department of the Air Force the unobligated balance of funds 
appropriated for fiscal year 1994 to the Department of Defense 
for the Advanced Research Projects Agency for single-stage to 
orbit rocket research and development.
    (f) Program Plan.--The Secretary of Defense and the 
Administrator of the National Aeronautics and Space 
Administration shall develop a plan to coordinate the programs 
of the Department of Defense and the National Aeronautics and 
Space Administration for expendable and reusable rocket 
technology demonstrators and technology development. The 
Secretary of Defense shall submit to Congress the plan 
developed under this subsection.
    (g) Limitations.--(1) Funds authorized for appropriation in 
subsection (d)(1) may be obligated only--
          (A) to the extent that the fiscal year 1995 current 
        operating plan of the National Aeronautics and Space 
        Administration allocates at least an equal amount for 
        its Reusable Space Launch program; and
          (B) as specified in the program plan developed and 
        submitted to Congress pursuant to subsection (f).
    (2) Not more than $30,000,000 of the funds authorized in 
subsection (d)(2) may be obligated until 30 days after the 
Secretary of Defense submits to Congress program plans, 
including objectives, milestones, future years defense program 
funding, and government-industry cost sharing considerations, 
as applicable.
          * * * * * * *

SEC. 221. LIMITATION ON DISMANTLEMENT OF INTERCONTINENTAL BALLISTIC 
                    MISSILES.

    Funds authorized to be appropriated in this Act may not be 
obligated or expended for deactivating or dismantling 
intercontinental ballistic missiles (ICBMs) of the United 
States below that number of such missiles that is necessary to 
support 500 deployed intercontinental ballistic missiles until 
180 days after the date on which the Secretary of Defense has 
submitted to the congressional defense committees a report on 
the results of a nuclear posture review being conducted by the 
Secretary.
          * * * * * * *

                  Subtitle C--Missile Defense Programs

SEC. 231.\2\ COMPLIANCE OF BALLISTIC MISSILE DEFENSE SYSTEMS AND 
                    COMPONENTS WITH ABM TREATY.

    (a) General Limitation.--Funds appropriated to the 
Department of Defense for fiscal year 1995, or otherwise made 
available to the Department of Defense from any funds 
appropriated for fiscal year 1995 or for any fiscal year before 
1995, may not be obligated or expended--
---------------------------------------------------------------------------
    \2\10 U.S.C. 2431 note.
---------------------------------------------------------------------------
          (1) for any development or testing of anti-ballistic 
        missile systems or components except for development 
        and testing consistent with the interpretation of the 
        ABM Treaty set forth in the enclosure to the July 13, 
        1993, ACDA letter; or
          (2) for the acquisition of any material or equipment 
        (including long lead materials, components, piece 
        parts, or test equipment, or any modified space launch 
        vehicle) required or to be used for the development or 
        testing of anti-ballistic missile systems or 
        components, except for material or equipment required 
        for development or testing consistent with the 
        interpretation of the ABM Treaty set forth in the 
        enclosure to the July 13, 1993, ACDA letter.
    (b) Limitation Relating to Brilliant Eyes.--Of the funds 
appropriated pursuant to the authorizations of appropriations 
in section 201 that are made available for the space-based, 
midcourse missile tracking system known as the Brilliant Eyes 
program, not more than $80,000,000 may be obligated until the 
Secretary of Defense submits to the appropriate congressional 
committees a report on the compliance of that program with the 
ABM Treaty, as determined under the compliance review conducted 
pursuant to subsection (c).
    (c) Compliance Review for Brilliant Eyes.--The Secretary of 
Defense shall review the Brilliant Eyes program to determine 
whether, and under what conditions, the development, testing, 
and deployment of the Brilliant Eyes missile tracking system in 
conjunction with a theater ballistic missile defense system, 
with a limited national missile defense system, and with both 
such systems, would be in compliance with the ABM Treaty, 
including the interpretation of that treaty set forth in the 
enclosure to the July 13, 1993, ACDA letter.
    (d) Compliance Review for Navy Upper Tier System.--(1) The 
Secretary of Defense shall review the theater ballistic missile 
program known as the Navy Upper Tier program to determine 
whether the development, testing, and deployment of the system 
being developed under that program would be in compliance with 
the ABM Treaty, including the interpretation of the Treaty set 
forth in the enclosure to the July 13, 1993, ACDA letter.
    (2) Of the funds made available to the Department of 
Defense for fiscal year 1995, not more than $40,000,000 may be 
obligated for the Navy Upper Tier program before the date on 
which the Secretary submits to the appropriate congressional 
committees a report on the compliance of that program with the 
ABM Treaty, as determined under the compliance review under 
paragraph (1).
    (e) Definitions.--In this section:
          (1) The term ``July 13, 1993, ACDA letter'' means the 
        letter dated July 13, 1993, from the Acting Director of 
        the Arms Control and Disarmament Agency to the chairman 
        of the Committee on Foreign Relations of the Senate 
        relating to the correct interpretation of the ABM 
        Treaty and accompanied by an enclosure setting forth 
        such interpretation.
          (2) The term ``ABM Treaty'' means the Treaty between 
        the United States of America and the Union of Soviet 
        Socialist Republics on the Limitation of Anti-Ballistic 
        Missiles, signed in Moscow on May 26, 1972.
          (3) The term ``appropriate congressional committees'' 
        means--
                  (A) the Committee on Armed Services, the 
                Committee on Foreign Affairs,\3\ and the 
                Committee on Appropriations of the House of 
                Representatives; and
---------------------------------------------------------------------------
    \3\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. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------
                  (B) the Committee on Armed Services, the 
                Committee on Foreign Relations, and the 
                Committee on Appropriations of the Senate.

SEC. 232. MODIFICATIONS TO ANTI-BALLISTIC MISSILE TREATY TO BE ENTERED 
                    INTO ONLY THROUGH TREATY MAKING POWER.

    (a) Requirement for Use of Treaty Making Power.--The United 
States shall not be bound by any international agreement 
entered into by the President that would substantively modify 
the ABM Treaty unless the agreement is entered pursuant to the 
treaty making power of the President under the Constitution.
    (b) ABM Treaty Defined.--In this section, the term ``ABM 
Treaty'' means the Treaty Between the United States of America 
and the Union of Soviet Socialist Republics on the Limitation 
of Anti-Ballistic Missile Systems, signed in Moscow on May 26, 
1972, with related protocol, signed in Moscow on July 3, 1974.

SEC. 233.\4\ REVISIONS TO THE MISSILE DEFENSE ACT OF 1991. * * *
---------------------------------------------------------------------------

    \4\The Missile Defense Act of 1991 was repealed in 1996.
---------------------------------------------------------------------------

SEC. 234. LIMITATION ON FLIGHT TESTS OF CERTAIN MISSILES.

    (a) Limitation.--The Secretary of Defense may not conduct 
the launch of a target ballistic missile as part of the theater 
missile defense extended range test program if an anticipated 
result of the launch of that target missile under that test 
program would be release of debris in a land area of the United 
States outside a designated Department of Defense test range or 
an extension thereof in force as of July 1, 1994.
    (b) Definition of Debris.--For purposes of subsection (a), 
the term ``debris'' does not include particulate matter that is 
regulated for considerations of air quality.
    (c) Certain Testing Unaffected.--Nothing in this section 
shall be construed as prohibiting or limiting testing of cruise 
missiles, unmanned aerial vehicles (UAVs), or precision-guided 
munitions.
    (d) Expiration of Limitation.--The limitation in subsection 
(a) shall expire on the later of--
          (1) June 30, 1995; or
          (2) the end of the 30-day period beginning on the 
        date of the publication by the Secretary of Defense of 
        the Final Environmental Impact Statement on the Theater 
        Missile Defense Extended Test Range.
---------------------------------------------------------------------------
    \5\Formerly at 10 U.S.C. 221 note. Sec. 253(8) of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 
Stat. 235) repealed sec. 235, which had stated program elements for the 
Ballistic Missile Defense Organization.
---------------------------------------------------------------------------

SEC. 235.\5\ * * * [REPEALED--1996]

          * * * * * * *

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

          * * * * * * *

SEC. 1002. EMERGENCY SUPPLEMENTAL AUTHORIZATIONS OF APPROPRIATIONS FOR 
                    FISCAL YEAR 1994.

    (a) Authorization of Prior Emergency Supplemental 
Appropriations.--Funds appropriated to the Department of 
Defense for fiscal year 1994 in chapter 3 of title I of the 
Emergency Supplemental Appropriations Act of 1994 (Public Law 
103-211; 108 Stat. 5) for the purposes stated in section 302 of 
such Act (108 Stat. 7), relating to the incremental and 
associated costs of the Department of Defense incurred in 
connection with ongoing United States operations relating to 
Somalia, Bosnia, Southwest Asia, and Haiti, are hereby 
authorized in amounts as follows:
          (1) For Military Personnel:
                  (A) For the Army, $6,600,000.
                  (B) For the Navy, $19,400,000.
                  (C) For the Air Force, $18,400,000.
          (2) For Operation and Maintenance:
                  (A) For the Army, $420,100,000.
                  (B) For the Navy, $104,800,000.
                  (C) For the Air Force, $560,100,000.
                  (D) For Defense-wide activities, $21,600,000.
          (3) For Procurement:
                  (A) For Aircraft Procurement, Army, 
                $20,300,000.
                  (B) For Other Procurement, Army, $200,000.
                  (C) For Other Procurement, Air Force, 
                $26,800,000.
    (b) Authorization of Supplemental Appropriations for Relief 
of Rwanda Refugees.--There is authorized to be appropriated to 
the Emergency Response Fund, Defense, as emergency supplemental 
appropriations for fiscal year 1994 the sum of $270,000,000 to 
be used to reimburse appropriations of the Department of 
Defense for costs incurred for emergency relief for Rwanda.
          * * * * * * *

                  Subtitle B--Counter-Drug Activities

          * * * * * * *

SEC. 1012.\6\ OFFICIAL IMMUNITY FOR AUTHORIZED EMPLOYEES AND AGENTS OF 
                    THE UNITED STATES AND FOREIGN COUNTRIES ENGAGED IN 
                    INTERDICTION OF AIRCRAFT USED IN ILLICIT DRUG 
                    TRAFFICKING.

    (a) Employees and Agents of Foreign Countries.--
Notwithstanding any other provision of law, it shall not be 
unlawful for authorized employees or agents of a foreign 
country (including members of the armed forces of that country) 
to interdict or attempt to interdict an aircraft in that 
country's territory or airspace if--
---------------------------------------------------------------------------
    \6\22 U.S.C. 2291-4.
    On December 1, 1994, the President issued a determination ``with 
respect to Colombia that: (a) interdiction of aircraft reasonably 
suspected to be primarily engaged in illicit drug trafficking in that 
country's airspace is necessary because of the extraordinary threat 
posed by illicit drug trafficking to the national security of that 
country; and (b) that country has appropriate procedures in place to 
protect against innocent loss of life in the air and on the ground in 
connection with such interdiction, which shall at a minimum include 
effective means to identify and warn an aircraft before the use of 
force is directed against the aircraft.'' (Presidential Determination 
No. 95-7; 59 F.R. 64835).
    A similar determination was issued relating to Peru on December 8, 
1994 (Presidential Determination No. 95-9; 59 F.R. 65231).
---------------------------------------------------------------------------
          (1) that aircraft is reasonably suspected to be 
        primarily engaged in illicit drug trafficking; and
          (2) the President of the United States, before the 
        interdiction occurs, has determined with respect to 
        that country that--
                  (A) interdiction is necessary because of the 
                extraordinary threat posed by illicit drug 
                trafficking to the national security of that 
                country; and
                  (B) the country has appropriate procedures in 
                place to protect against innocent loss of life 
                in the air and on the ground in connection with 
                interdiction, which shall at a minimum include 
                effective means to identify and warn an 
                aircraft before the use of force directed 
                against the aircraft.
    (b) Employees and Agents of the United States.--
Notwithstanding any other provision of law, it shall not be 
unlawful for authorized employees or agents of the United 
States (including members of the Armed Forces of the United 
States) to provide assistance for the interdiction actions of 
foreign countries authorized under subsection (a). The 
provision of such assistance shall not give rise to any civil 
action seeking money damages or any other form of relief 
against the United States or its employees or agents (including 
members of the Armed Forces of the United States).
    (c) Definitions.--For purposes of this section:
          (1) The terms ``interdict'' and ``interdiction'', 
        with respect to an aircraft, mean to damage, render 
        inoperative, or destroy the aircraft.
          (2) The term ``illicit drug trafficking'' means 
        illicit trafficking in narcotic drugs, psychotropic 
        substances, and other controlled substances, as such 
        activities are described by any international narcotics 
        control agreement to which the United States is a 
        signatory, or by the domestic law of the country in 
        whose territory or airspace the interdiction is 
        occurring.
          (3) The term ``assistance'' includes operational, 
        training, intelligence, logistical, technical, and 
        administrative assistance.
          * * * * * * *

                      Subtitle D--POW/MIA Matters

SEC. 1031. ASSISTANCE TO FAMILY MEMBERS OF KOREAN CONFLICT AND COLD WAR 
                    POW/MIAS WHO REMAIN UNACCOUNTED FOR.

    (a) Single Point of Contact.--The Secretary of Defense 
shall designate an official of the Department of Defense to 
serve as a single point of contact within the department--
          (1) for the immediate family members (or their 
        designees) of any unaccounted-for Korean conflict POW/
        MIA; and
          (2) for the immediate family members (or their 
        designees) of any unaccounted-for Cold War POW/MIA.
    (b) Functions.--The official designated under subsection 
(a) shall serve as a liaison between the family members of 
unaccounted-for Korean conflict POW/MIAs and unaccounted-for 
Cold War POW/MIAs and the Department of Defense and other 
Federal departments and agencies that may hold information that 
may relate to such POW/MIAs. The functions of that official 
shall include assisting family members--
          (1) with the procedures the family members may follow 
        in their search for information about the unaccounted-
        for Korean conflict POW/MIA or unaccounted-for Cold War 
        POW/MIA, as the case may be;
          (2) in learning where they may locate information 
        about the unaccounted-for POW/MIA; and
          (3) in learning how and where to identify classified 
        records that contain pertinent information and that 
        will be declassified.
    (c) Assistance in Obtaining Declassification.--The official 
designated under subsection (a) shall seek to obtain the rapid 
declassification of any relevant classified records that are 
identified.
    (d) Repository.--The official designated under subsection 
(a) shall provide all documents relating to unaccounted-for 
Korean conflict POW/MIAs and unaccounted-for Cold War POW/MIAs 
that are located as a result of the official's efforts to the 
National Archives and Records Administration, which shall 
locate them in a centralized repository.
    (e) Definitions.--For purposes of this section:
          (1) The term ``unaccounted-for Korean conflict POW/
        MIA'' means a member of the Armed Forces or civilian 
        employee of the United States who, as a result of 
        service during the Korean conflict, was at any time 
        classified as a prisoner of war or missing-in-action 
        and whose person or remains have not been returned to 
        United States control and who remains unaccounted for.
          (2) The term ``unaccounted-for Cold War POW/MIA'' 
        means a member of the Armed Forces or civilian employee 
        of the United States who, as a result of service during 
        the period from September 2, 1945, to August 21, 1991, 
        was at any time classified as a prisoner of war or 
        missing-in-action and whose person or remains have not 
        been returned to United States control and who remains 
        unaccounted for.
          (3) The term ``Korean conflict'' has the meaning 
        given such term in section 101(9) of title 38, United 
        States Code.

SEC. 1032. REQUIREMENT FOR SECRETARY OF DEFENSE TO SUBMIT 
                    RECOMMENDATIONS ON CERTAIN PROVISIONS OF LAW 
                    CONCERNING MISSING PERSONS.

    (a) Review.--The Secretary of Defense shall conduct a 
review of the provisions of chapter 10 of title 37, United 
States Code, relating to missing persons.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to Congress a 
report containing the Secretary's recommendations as to whether 
those provisions of law should be amended.
    (c) Consultation.--The review under subsection (a) shall be 
carried out in consultation with the Secretaries of the 
military departments.

SEC. 1033. CONTACT BETWEEN THE DEPARTMENT OF DEFENSE AND THE MINISTRY 
                    OF NATIONAL DEFENSE OF CHINA ON POW/MIA ISSUES.

    (a) Findings.--Congress makes the following findings:
          (1) The Select Committee on POW/MIA Affairs of the 
        Senate, in its final report, dated January 13, 1993, 
        concluded--
                  (A) that ``many American POWs had been held 
                in China during the Korean conflict and that 
                foreign POW camps in both China and North Korea 
                were run by Chinese officials''; and
                  (B) that ``given the fact that only 26 Army 
                and 15 Air Force personnel returned from China 
                following the war, the committee can now firmly 
                conclude that the People's Republic of China 
                surely has information on the fate of other 
                unaccounted for American POWs from the Korean 
                conflict.''.
          (2) The Select Committee on POW/MIA Affairs 
        recommended in that report that ``the Department of 
        State and Defense form a POW/MIA task force on China 
        similar to Task Force Russia.''.
          (3) Neither the Department of Defense nor the 
        Department of State has held substantive discussions 
        with officials from the People's Republic of China 
        concerning unaccounted for American prisoners of war of 
        the Korean conflict.
    (b) Sense of Congress.--It is the sense of Congress that 
the Secretary of Defense should establish contact with 
officials of the Ministry of Defense of the People's Republic 
of China regarding unresolved issues relating to American 
prisoners of war and American personnel missing in action as a 
result of the Korean conflict.

SEC. 1034. INFORMATION CONCERNING UNACCOUNTED FOR UNITED STATES 
                    PERSONNEL OF THE VIETNAM CONFLICT.

    (a) Requirement.--Not later than 45 days after the date of 
the enactment of this Act, the Secretary of Defense shall 
submit to Congress a report containing the information 
specified in subsection (b) pertaining to United States 
personnel involved in the Vietnam conflict who remain not 
accounted for.
    (b) Required Information.--The information to be provided 
in the report under subsection (a) is as follows:
          (1) A complete listing by name of all such personnel 
        about whom it is possible that officials of the 
        Socialist Republic of Vietnam can produce additional 
        information or remains that could lead to the maximum 
        possible accounting for those personnel, as determined 
        on the basis of all information available to the United 
        States Government.
          (2) A complete listing by name of all such personnel 
        about whom it is possible that officials of the Lao 
        People's Democratic Republic can produce additional 
        information or remains that could lead to the maximum 
        possible accounting for those personnel, as determined 
        on the basis of all information available to the United 
        States Government.

SEC. 1035. REPORT ON POW/MIA MATTERS CONCERNING NORTH KOREA.

    (a) Findings.--Congress makes the following findings:
          (1) The Select Committee on POW/MIA Affairs of the 
        Senate concluded in its final report, dated January 13, 
        1993, that ``it is likely that a large number of 
        possible MIA remains can be repatriated and several 
        records and documents on unaccounted for POW's and 
        MIA's can be provided from North Korea once a joint 
        working level commission is set up under the leadership 
        of the United States.''.
          (2) The Select Committee recommended in such report 
        that ``the Departments of State and Defense take 
        immediate steps to form this commission through the 
        United Nations Command at Panmunjom, Korea'' and that 
        the ``commission should have a strictly humanitarian 
        mission and should not be tied to political 
        developments on the Korean peninsula.''.
          (3) In August 1993, the United States and North Korea 
        entered into an agreement concerning the repatriation 
        of remains of United States personnel.
          (4) The establishment of a joint working level 
        commission with North Korea could enhance the prospects 
        for results under the August 1993 agreement.
    (b) Report.--The Secretary of Defense shall, at the end of 
January and September of 1995, submit a report to Congress on 
the status of efforts to obtain information from North Korea 
concerning United States personnel involved in the Korean 
conflict who remain not accounted for and to obtain from North 
Korea any remains of such personnel.
    (c) Commission.--The President shall give serious 
consideration to establishing a joint working level commission 
with North Korea, consistent with the recommendations of the 
Select Committee on POW/MIA Affairs of the Senate set forth in 
the final report of the committee, dated January 13, 1993, to 
resolve the remaining issues relating to United States 
personnel who became prisoners of war or missing in action 
during the Korean conflict.
          * * * * * * *

SEC. 1036. DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR UNITED 
                    STATES PERSONNEL FROM THE KOREAN CONFLICT, THE 
                    VIETNAM ERA, AND THE COLD WAR.

    Section 1082 of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (Public Law 102-190; 50 U.S.C. 401 
note)\7\ is amended--* * *
---------------------------------------------------------------------------
    \7\For text, see page 700.
---------------------------------------------------------------------------
          * * * * * * *

                       Subtitle G--Other Matters

          * * * * * * *

SEC. 1073. SENSE OF CONGRESS CONCERNING VISAS FOR HIGH-LEVEL OFFICIALS 
                    OF TAIWAN.

    It is the sense of Congress that no visa should be denied 
for a high-level official of Taiwan to enter the United States 
unless the official is otherwise inadmissible\8\ under the 
immigration laws of the United States.
---------------------------------------------------------------------------
    \8\Sec. 308(d)(3)(D) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 
110 Stat. 3009) struck out ``excludable'' and inserted in lieu thereof 
``inadmissible''.
---------------------------------------------------------------------------
          * * * * * * *

 TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET 
                                UNION\9\

          * * * * * * *
---------------------------------------------------------------------------
    \9\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. F.
---------------------------------------------------------------------------

        TITLE XIII--MATTERS RELATING TO ALLIES AND OTHER NATIONS

                  Subtitle A--Matters Relating to NATO

          * * * * * * *

SEC. 1302. NORTH ATLANTIC TREATY ORGANIZATION.

    (a) Findings.--Congress makes the following findings:
          (1) The North Atlantic Treaty Organization has served 
        as a bulwark of peace, security, and democracy for the 
        United States and the members of the alliance since 
        1949.
          (2) The unswerving resolve of the member states of 
        the North Atlantic Treaty Organization to mutual 
        defense against the threat of communist aggression was 
        central to the demise of the Warsaw Pact.
          (3) The North Atlantic Treaty Organization is the 
        most successful international security organization in 
        history and is well suited to help marshal cooperative 
        political, diplomatic, economic, and humanitarian 
        efforts, buttressed by credible military capability 
        aimed at deterring conflict, and thus contributing to 
        international peace and security.
          (4) The threat of instability in Eastern and Central 
        Europe, as well as in the Southern and Eastern 
        Mediterranean, continues to pose a fundamental 
        challenge to the interests of the member states of the 
        North Atlantic Treaty Organization.
          (5) North Atlantic Treaty Organization assets have 
        been deployed in recent years for more than the 
        territorial defense of alliance members, and the Rome 
        Summit of October 1991 adopted a new strategic concept 
        for the North Atlantic Treaty Organization that 
        entertained the possibility of operations beyond the 
        alliance's self-defense area.
          (6) In Oslo in July 1992, and in Brussels in December 
        1992, the alliance embraced the deployment of North 
        Atlantic Treaty Organization forces to peacekeeping 
        operations under the auspices of the United Nations or 
        the Conference on Security and Cooperation in Europe.
          (7) The North Atlantic Treaty Organization should 
        attempt to cooperate with and seek a mandate from 
        international organizations such as the United Nations 
        when considering responses to crises outside the 
        alliances's self-defense area.
          (8) Not all members of the international community 
        share a commonality of interests that would ensure 
        timely action by the United Nations Security Council.
          (9) It is critical that the security interests of the 
        member countries of the North Atlantic Treaty 
        Organization not be held hostage to indecision at the 
        United Nations or a veto by a permanent member of the 
        Security Council.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) it should be the policy of the United States 
        that, in accordance with article 53 of the United 
        Nations Charter, the North Atlantic Treaty Organization 
        retains the right of autonomy of action regarding 
        missions in addition to collective defense should the 
        United Nations Security Council or the Conference on 
        Security and Cooperation in Europe fail to act;
          (2) while it is desirable to work with other 
        international organizations and arrangements where 
        feasible in dealing with threats to the peace, the 
        North Atlantic Treaty Organization is not an auxiliary 
        to the United Nations or any other organization; and
          (3) the member states of the North Atlantic Treaty 
        Organization reserve the right to act collectively in 
        defense of their vital interests.

SEC. 1303. AUTHORIZED END STRENGTH FOR MILITARY PERSONNEL IN EUROPE.

    (a) End Strength.--Paragraph (1) of section 1002(c) of the 
Department of Defense Authorization Act, 1985 (22 U.S.C. 1928 
note),\10\ is amended to read as follows: * * *
---------------------------------------------------------------------------
    \10\For amended text, see page 882.
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    (b)\10\ Exclusion of Certain Island-Based Troops in 
Calculation of Authorized End Strength.--Such section is 
further amended by adding at the end the following new 
paragraph: * * *
    (c) Conforming Amendment.--Section 1303 of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 106 Stat. 2546) is repealed.
    (d) Effective Date.--The amendment made by subsection (a) 
shall take effect on October 1, 1995.

SEC. 1304. ALLIED SHARE OF INSTALLATIONS COSTS.

    (a) Goal for Allied Contributions.--In continuing efforts 
to enter into revised host-nation agreements as described in 
section 1301(e) of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2545) and 
section 1401(c) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1824), the 
President shall seek to have European member nations of NATO 
assume an increased share of the nonpersonnel costs for United 
States military installations in those nations so that (1)\11\ 
by September 30, 1996, those nations have assumed 37.5 percent 
of such costs, and (2) by September 30, 1997, those nations 
have assumed 42.5 percent of such costs.
---------------------------------------------------------------------------
    \11\Sec. 1333 of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 484) inserted clause 
designation ``(1)'' and added clause (2).
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    (b) Definitions.--For purposes of this section:
          (1) The term ``nonpersonnel costs'', with respect to 
        United States military installations in European member 
        nations of NATO, means costs for those installations 
        other than costs paid from military personnel accounts.
          (2) The term ``contributions'', with respect to the 
        share of such nonpersonnel costs assumed by the 
        European member nations of NATO, means those cash and 
        in-kind contributions made by such nations that replace 
        expenditures that would otherwise be made by the 
        Secretary using funds appropriated or otherwise made 
        available in defense appropriations Acts.

SEC. 1305. PAYMENTS-IN-KIND FOR RELEASE OF UNITED STATES OVERSEAS 
                    MILITARY FACILITIES TO NATO HOST COUNTRIES.

    (a) Findings.--Congress makes the following findings:
          (1) The United States has invested $6,500,000,000 in 
        military infrastructure in North Atlantic Treaty 
        Organization (NATO) countries.
          (2) As part of an overall plan to reduce United 
        States troop strength overseas, the Department of 
        Defense plans to close, or reduce United States 
        military presence at, 867 military sites outside the 
        United States.
          (3) Most of the military sites outside the United 
        States announced for closure are in Europe, where the 
        United States has already closed 434 such sites while 
        carrying out a reduction in troop strength in Europe 
        from 323,432 in 1987 to approximately 100,000 by the 
        end of fiscal year 1996.
          (4) When the United States closes military sites in 
        Europe, it leaves buildings, roads, sewers, and other 
        real property improvements behind.
          (5) Some of the European NATO allies have agreed to 
        pay the United States for the residual value of the 
        real property improvements left behind.
          (6) Although the United States military drawdown has 
        been rapid since 1990, European allies have been slow 
        to pay the United States the residual value of the 
        sites released by the United States.
          (7) As of 1994, the United States has recouped only 
        $33,300,000 in cash, most of which was recovered in 
        1989.
          (8) Although the United States has released to 
        Germany over 60 percent of the military sites planned 
        for closure by the United States in that country and 
        the current value of United States facilities to be 
        returned to the German government is estimated at 
        approximately $2,700,000,000, the German government has 
        budgeted only $25,000,000 for fiscal year 1994 for 
        payment of compensation for the United States 
        investment in those facilities.
    (b) Policy.--It is the sense of Congress that--
          (1) the President should redouble efforts to recover 
        the value of the United States investment in the 
        military infrastructure in NATO countries;
          (2) the President should enter into negotiations with 
        the government of each NATO host country with a 
        presumption that payments to compensate the United 
        States for the negotiated value of improvements will be 
        made in cash and deposited in the Department of Defense 
        Overseas Military Facility Investment Recovery Account;
          (3) the President should enter into negotiations for 
        payments-in-kind only as a last resort and only after 
        informing the Congress that negotiations for cash 
        payments have not been successful; and
          (4) to the extent that in-kind contributions are 
        received in lieu of cash payments in any fiscal year, 
        the in-kind contributions should be used for projects 
        that are identified priorities of the Department of 
        Defense.
    (c) * * *

SEC. 1306. GEORGE C. MARSHALL EUROPEAN CENTER FOR SECURITY STUDIES.

    (a) Use of Contributions.--Funds received by the United 
States Government from the Federal Republic of Germany as its 
fair share of the costs of the George C. Marshall European 
Center for Security Studies shall be credited to appropriations 
available to the Department of Defense for the George C. 
Marshall European Center for Security Studies. Funds so 
credited shall be merged with the appropriations to which 
credited and shall be available for the Center for the same 
purposes and the same period as the appropriations with which 
merged.
    (b) Waiver of Charges.--(1) The Secretary of Defense may 
waive reimbursement of the costs of conferences, seminars, 
courses of instruction, or similar educational activities of 
the George C. Marshall European Center for Security Studies for 
military officers and civilian officials of cooperation partner 
states of the North Atlantic Cooperation Council or the 
Partnership for Peace if the Secretary determines that 
attendance by such personnel without reimbursement is in the 
national security interest of the United States.
    (2) Costs for which reimbursement is waived pursuant to 
paragraph (1) shall be paid from appropriations available for 
the Center.

SEC. 1307. SENSE OF THE SENATE CONCERNING PARTICIPATION IN ALLIED 
                    DEFENSE COOPERATION.

    It is the sense of the Senate that the President should use 
existing authorities to the greatest extent possible to 
authorize the provision of the following types of assistance 
and cooperation to countries that are participating in the 
Partnership for Peace and are making significant progress in 
working with the North Atlantic Treaty Organization:
          (1) Defense articles and services, as defined in the 
        Foreign Assistance Act of 1961 and the Arms Export 
        Control Act.
          (2) Loan of materials, supplies, and equipment for 
        research and development purposes.
          (3) Leases and loans of major defense equipment and 
        other defense articles.
          (4) Cooperative military airlift agreements.
          (5) The procurement of communications support and 
        related supplies and services.
          (6) Actions to standardize equipment with North 
        Atlantic Treaty Organization members.

           Subtitle B--Matters Relating to Several Countries

SEC. 1311. LIMITATION ON OBLIGATION OF FUNDS FOR OVERSEAS BASING 
                    ACTIVITIES.

    (a) Limitation.--The total amount authorized to be 
appropriated to the Department of Defense for operation and 
maintenance and for military construction (including 
construction and improvement of military family housing) that 
is obligated to conduct overseas basing activities during 
fiscal year 1995 may not exceed $8,181,000,000, except to the 
extent provided by the Secretary of Defense under subsection 
(b).
    (b) Exception.--The Secretary of Defense may increase the 
amount of the limitation under subsection (a) by such amount as 
the Secretary determines to be necessary in the national 
interest, except that such increase may not exceed 
$400,000,000. The Secretary may not make any such increase 
until the Secretary notifies the Congress of the Secretary's 
intent to make such an increase and a period of 15 days elapses 
after the day on which the notification is received by the 
Congress.
    (c) Allocations of Savings.--Any amounts appropriated to 
the Department of Defense for fiscal year 1995 for the purposes 
covered by subsection (a) that are not available to be used for 
those purposes by reason of the limitation in that subsection 
shall be allocated by the Secretary of Defense for operation 
and maintenance and for military construction activities of the 
Department of Defense at military installations and facilities 
located inside the United States.
    (d) Definition.--In this section, the term ``overseas 
basing activities'' has the meaning given such term in section 
1401(d)(2) of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1825), except that 
such term does not include activities of the Department of 
Defense for which funds are provided through appropriations for 
Military Personnel.

SEC. 1312. CLARIFICATION AND CODIFICATION OF OVERSEAS MILITARY END 
                    STRENGTH LIMITATION.

    (a) In General.--(1) Chapter 3 of title 10, United States 
Code, is amended by inserting after section 123a the following 
new section:

``Sec. 123b. Forces stationed abroad: limitation on number * * *''\12\
---------------------------------------------------------------------------

    \12\For text, see page 370.
---------------------------------------------------------------------------
    (b) Effective Date.--Section 123b of title 10, United 
States Code, as added by subsection (a), does not apply with 
respect to a fiscal year before fiscal year 1996.
    (c) Conforming Repeal.--Section 1302 of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 106 Stat. 2545) is repealed.

SEC. 1313.\13\ COST-SHARING POLICY AND REPORT.

    (a) Policy.--It is the policy of the United States that the 
North Atlantic Treaty Organization (NATO) allies should assist 
the United States in paying the incremental costs incurred by 
the United States for maintaining members of the Armed Forces 
in assignments to permanent duty ashore in European member 
nations of NATO solely for support of NATO roles and missions.
---------------------------------------------------------------------------
    \13\10 U.S.C. 1928 note.
---------------------------------------------------------------------------
    (b) Implementation.--The President shall take all necessary 
actions to ensure the effective implementation of the policy 
set forth in subsection (a).
    (c) Report.--The Secretary of Defense shall include in the 
annual report required by section 1002(d) of the Department of 
Defense Authorization Act, 1985 (22 U.S.C. 1928 note) the 
following:
          (1) A description of the United States military 
        forces assigned to permanent duty ashore in European 
        member nations of NATO and an analysis of the cost of 
        providing and maintaining such forces in such 
        assignment primarily for support of NATO roles and 
        missions.
          (2) A description of the United States military 
        forces assigned to permanent duty ashore in European 
        member nations of NATO primarily in support of other 
        United States interests in other regions of the world 
        and an analysis of the cost of providing and 
        maintaining such forces in such assignment primarily 
        for that purpose.
          (3) A specific enumeration and description of the 
        offsets to United States costs of providing and 
        maintaining United States military forces in Europe 
        that the United States received from other NATO member 
        nations in the fiscal year covered by the report, set 
        out by country and by type of assistance, including 
        both in-kind assistance and direct cash reimbursement, 
        and the projected offsets for the five fiscal years 
        following the fiscal year covered by the report.
    (d) Incremental Costs Defined.--For purposes of subsection 
(a), the definition provided for the term ``incremental costs'' 
in section 1046 of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993, as added by subsection (e), shall 
apply with respect to maintaining members of the Armed Forces 
in assignments to permanent duty ashore in European member 
nations of NATO in the same manner as such term applies with 
respect to permanent stationing ashore of United States forces 
in foreign nations for purposes of subsection (e)(4) of such 
section 1046.
    (e) Definition for Reporting Requirement.--Section 1046 of 
the National Defense Authorization Act for Fiscal Years 1992 
and 1993 (Public Law 102-190; 105 Stat. 1466; 22 U.S.C. 1928 
note) is amended by adding at the end the following new 
subsection:
    ``(f) Incremental Costs Defined.--In this section, the term 
`incremental costs', with respect to permanent stationing 
ashore of United States forces in foreign nations, means the 
difference between the costs associated with maintaining United 
States military forces in assignments to permanent duty ashore 
in the foreign nations and the costs associated with 
maintaining those same military forces at military bases in the 
United States.''.

SEC. 1314. REPORT ASSESSING THE NATIONAL SECURITY CONSEQUENCES OF 
                    UNITED STATES MILITARY COOPERATION PROGRAMS.

    (a) Report.--The Secretary of Defense shall submit to 
Congress a report assessing the national security consequences 
of United States military cooperation programs. The report 
shall be submitted not later than the date of the submission to 
Congress of the next annual report of the Secretary of Defense 
submitted under section 113 of title 10, United States Code, 
after the date of the enactment of this Act.
    (b) Matters To Be Included.--The report under subsection 
(a) shall include the following:
          (1) A description of cooperative military 
        relationships in effect.
          (2) A description of how activities under those 
        relationships are intended to improve United States 
        national security.
          (3) An assessment of the risks to the United States 
        associated with engaging in military cooperation 
        programs with foreign countries should the government 
        of any of such country change its political orientation 
        in a manner hostile to United States interests.
          (4) An analysis of the effect on United States 
        national security of possible multilateral actions to 
        reduce the military capability of governments and 
        military forces that could pose a future threat to 
        United States interests.
          (5) An assessment of any implications for regional 
        security effected by existing cooperative military 
        relationships.
    (c) Form of Report.--The report under subsection (a) shall 
be submitted in unclassified form and, to the extent necessary, 
in classified form.

SEC. 1315. REVIEW AND REPORT REGARDING DEPARTMENT OF DEFENSE PROGRAMS 
                    RELATING TO REGIONAL SECURITY AND HOST NATION 
                    DEVELOPMENT IN THE WESTERN HEMISPHERE.

    (a) Findings.--Congress makes the following findings:
          (1) The political environment in the Western 
        Hemisphere has been characterized in recent years by 
        significant democratic advances and an absence of 
        international strife, but democracy in some nations of 
        the region is fragile.
          (2) It is desirable for the Department of Defense to 
        perform a positive role in influencing the defense 
        establishments and military forces of nations in the 
        Western Hemisphere to make positive contributions to 
        the democratic process and to domestic development 
        programs of their respective nations.
          (3) Congress receives a number of annual reports 
        relating to specific authorities granted to the 
        Secretary of Defense under title 10, United States 
        Code, such as the authorities relating to the conduct 
        of bilateral or regional cooperation programs under 
        section 1051 of that title, participation of developing 
        countries in combined exercises under section 2010 of 
        that title, and the training of special operations 
        forces with friendly forces under section 2011 of that 
        title.
          (4) The annual reports are replete with statistics 
        and dollar figures and generally lacking in substance.
          (5) Congress does not receive annual reports with 
        respect to other authorities of the Secretary of 
        Defense, such as that relating to Latin American 
        cooperation under section 1050 of title 10, United 
        States Code.
          (6) Testimony before Congress (including in 
        particular the testimony of the commander of the United 
        States Southern Command and the commander of the United 
        States Atlantic Command) has emphasized the conduct of 
        a large number of complementary programs under the 
        leadership and supervision of those two commanders to 
        foster appropriate military roles in democratic host 
        nations and to assist countries in developing forces 
        properly trained to address their security needs, 
        including needs regarding illegal immigration, 
        insurgencies, smuggling of illegal arms, munitions, and 
        explosives across borders, and drug trafficking.
          (7) Most of the programs referred to in paragraph (6) 
        provide excellent and often unique training and 
        experience to the United States forces involved.
          (8) Military-to-military contact programs in the 
        Western Hemisphere provide another tool to encourage a 
        democratic orientation of the defense establishments 
        and military forces of countries in the region.
          (9) There is a need for the Secretary of Defense to 
        conduct a comprehensive review of the several 
        authorities in title 10, United States Code, for the 
        Secretary of Defense to engage in cooperative regional 
        security programs with other countries in the Western 
        Hemisphere in order to determine whether the 
        authorities continue to be appropriate and necessary, 
        particularly in the light of the changed circumstances 
        in the region.
          (10) There is a need for the Secretary of Defense to 
        conduct a comprehensive review of various programs 
        carried out pursuant to such authorities to ensure that 
        such programs are designed to meet the needs of the 
        host nations involved and the regional strategic and 
        foreign policy objectives of the United States, 
        including promotion of sustainable development, 
        effective control of the military by elected civilian 
        authorities, reliable regional security accords, and 
        the appropriate role for militaries in democratic 
        societies.
          (11) There is a need for the Secretary of Defense to 
        assess the strengths and weaknesses of the various 
        regional security organizations, defense forums, and 
        defense education institutions in the Western 
        Hemisphere in order to identify any improvements needed 
        to harmonize the defense policies of the United States 
        and those of friendly nations of the region.
    (b) Review and Report.--Not later than May 1, 1995, the 
Secretary of Defense, shall--
          (1) in consultation with the Chairman of the Joint 
        Chiefs of Staff and the commanders of the combatant 
        commands responsible for regions in the Western 
        Hemisphere, carry out a comprehensive review and 
        assessment of the matters referred to in paragraphs 
        (2), (9), (10), and (11) of subsection (a); and
          (2) submit to Congress a report on the review and 
        assessment carried out pursuant to paragraph (1).
    (c) Content of Report.--The report shall contain a detailed 
and comprehensive description, discussion, and analysis of the 
following:
          (1) The Department of Defense plan to support United 
        States strategic objectives in the Western Hemisphere.
          (2) The external and internal threats to the national 
        security of the nations of the region.
          (3) The various regional security cooperative 
        programs carried out by the Department of Defense in 
        the region in 1994, including training and education 
        programs in the host nations and in the United States 
        and defense contacts set forth on a country-by-country 
        basis, the statutory authority, if any, for such 
        programs, and the strategic objectives served.
          (4) The various regional security organizations, 
        defense forums, and defense education institutions that 
        the United States maintains or in which the United 
        States participates.
          (5) The contribution that such programs, defense 
        contacts, organizations, forums, and institutions make 
        to the advancement of regional security, host nation 
        security and national development, United States 
        strategic objectives, and United States foreign policy 
        objectives as described in paragraph (10) of subsection 
        (a).
          (6) United States humanitarian civic assistance and 
        civic action programs conducted with host countries in 
        the region and the effect that those programs have had 
        in furthering the objectives described in paragraph 
        (10) of subsection (a).
          (7) The changes made or to be made in the programs, 
        organizations, forums, and institutions referred to in 
        paragraphs (3), (4), (5), and (6) as a result of the 
        comprehensive review.
    (d) Recommended Legislation.--The report shall include any 
recommendations for legislation that the Secretary considers 
necessary to improve the ability of the Department to achieve 
its strategic objectives in the Western Hemisphere.
    (e) Classification of Report.--The report shall be 
submitted in an unclassified form and may, if necessary, have a 
classified supplement.

SEC. 1316. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES.

    (a) Activities Authorized.--(1) Chapter 6 of title 10, 
United States Code, is amended by adding at the end the 
following new section:

``Sec. 168. Military-to-military contacts and comparable activities * * 
                    *''\14\
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    \14\For text, see page 374.
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    (b) Fiscal Year 1995 Funding.--Of the amount authorized to 
be appropriated under section 301(5) for operation and 
maintenance for Defense-wide activities, $46,300,000 shall be 
available to the Secretary of Defense for the purposes of 
carrying out activities under section 168 of title 10, United 
States Code, as added by subsection (a).
    (c) Fiscal Year 1995 Active Duty End Strengths.--(1) A 
member of a reserve component described in paragraph (2) shall 
not be counted (under section 115(a)(1) of title 10, United 
States Code) against the applicable end strength limitation for 
members of the Armed Forces on active duty for fiscal year 1995 
prescribed in section 401.
    (2) Paragraph (1) applies in the case of a member of a 
reserve component who is on active duty under a call or order 
to active duty for 180 days or more for activities under 
section 168 of title 10, United States Code, as added by 
subsection (a).
    (d) Report.--Not later than February 15, 1995, the 
Secretary of Defense shall submit to Congress a report on the 
management structure of the military-to-military contacts 
program.
          * * * * * * *

           Subtitle C--Matters Relating to Specific Countries

SEC. 1321. DEFENSE COOPERATION BETWEEN THE UNITED STATES AND ISRAEL.

    (a) Findings.--Congress makes the following findings:
          (1) The President has reiterated the long-standing 
        United States commitment to maintaining the qualitative 
        superiority of the Israeli Defense Force over any 
        combination of adversaries.
          (2) Congress continues to recognize the many benefits 
        to the United States from its strategic relationship 
        with Israel, including enhancing regional stability and 
        technical cooperation.
          (3) Despite the momentous peace process in which 
        Israel and its neighbors are productively engaged, 
        Israel continues to face difficult threats to its 
        national security that are compounded by the 
        proliferation of weapons of mass destruction and 
        ballistic missiles.
          (4) Congress is supportive of the objective of the 
        President to enhance United States-Israel military and 
        technical cooperation, particularly in the areas of 
        missile defense and counter-proliferation.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the President should ensure that any conventional 
        defense system or technology offered for release to any 
        NATO or other major non-NATO ally should concurrently 
        be available for purchase by Israel unless such action 
        would contravene United States national interests; and
          (2) the President should make available to Israel, 
        within existing technology transfer laws, regulations, 
        and policies, advanced United States technology 
        necessary for continued progress in cooperative United 
        States-Israel research and development of theater 
        missile defenses.

SEC. 1322. READINESS OF MILITARY FORCES OF THE REPUBLIC OF KOREA.

    (a) Findings.--Congress makes the following findings:
          (1) Under existing security arrangements between the 
        United States and the Republic of Korea, responsibility 
        for the defense of the territory of the Republic of 
        Korea is allocated so that the Republic of Korea has 
        primary responsibility for the ground defense of its 
        territory and the United States has primary 
        responsibility for air and sea defense of the Korean 
        peninsula and for reinforcement.
          (2) The Force Improvement Program of the Republic of 
        Korea has not fully addressed critical shortfalls in 
        its ground force capability which continue to exist 
        even though the Republic of Korea spends approximately 
        $12,000,000,000 annually on defense while the 
        Democratic People's Republic of Korea spends 
        approximately $4,000,000,000 annually on defense. The 
        Republic of Korea has directed substantial defense 
        resources to procuring submarines, destroyers, advanced 
        aircraft, and other military systems that are marginal 
        to its primary ground defense responsibility.
          (3) The defense acquisition decisions of the Republic 
        of Korea have had the effect of not allowing the 
        Republic of Korea to attain self-sufficiency in its 
        ground defense responsibility. As a result, there 
        exists an undue burden on the United States for the 
        ground defense of the Korean peninsula.
          (4) The lack of intelligence capability to forecast 
        the military intentions of the Democratic People's 
        Republic of Korea presents major problems for the 
        combined United States-Republic of Korea defense of 
        South Korea.
          (5) A short-warning attack by the Democratic People's 
        Republic of Korea would cause major losses to the 
        combined United States-Republic of Korea ground force.
    (b) Sense of Congress.--It is the sense of Congress that 
the President should urge the Republic of Korea to continue to 
improve its military ground forces with emphasis on 
counterartillery capabilities, defense against ballistic 
missiles and weapons of mass destruction, combined United 
States-Republic of Korea logistics capabilities, combined 
United States-Republic of Korea medical support, and combined 
United States-Republic of Korea capabilities for tactical 
intelligence and indications and warning of a North Korean 
attack.
    (c) Report.--Not later than January 15, 1995, the Secretary 
of Defense shall submit to Congress a report, in classified 
form, on--
          (1) the readiness of the military forces of the 
        Republic of Korea to defeat an attack by the military 
        forces of the Democratic People's Republic of Korea; 
        and
          (2) the adequacy of the defense acquisition strategy 
        of the Republic of Korea to meet its primary ground 
        defense mission.

SEC. 1323. MILITARY PLANNING FOR THE SIZE AND STRUCTURE OF A FORCE 
                    REQUIRED FOR A MAJOR REGIONAL CONTINGENCY ON THE 
                    KOREAN PENINSULA.

    (a) Findings.--Congress makes the following findings:
          (1) The Secretary of Defense conducted the Bottom-Up 
        Review during 1993 to establish the size and structure 
        for the Armed Forces for the Post-Cold-War era.
          (2) The report on the Bottom-Up Review cites the need 
        for the Armed Forces to be large enough to prevail in 
        two major regional conflicts ``nearly simultaneously''.
          (3) The report on the Bottom-Up Review gives special 
        consideration to a scenario that hypothesizes that the 
        two ``nearly simultaneous'' conflicts would occur in 
        Korea and the Persian Gulf.
          (4) The United States sent 7 Army divisions, the 
        equivalent of 10 Air Force tactical fighter wings, 70 
        heavy bombers, 6 Navy aircraft carrier battle groups, 
        and 5 Marine Corps brigades to the Persian Gulf to 
        fight the war against Iraq.
          (5) The report on the Bottom-Up Review asserts that 
        the forces needed to fight two conflicts similar to 
        that with Iraq can be drawn from a total military force 
        of between 15 and 16 Army divisions, 20 Air Force 
        tactical fighter wings, up to 184 heavy bombers, 11 
        active Navy aircraft carriers (along with one reserve/
        training carrier), and the equivalent of 12 Marine 
        Corps brigades.
          (6) The report on the Bottom-Up Review recognizes 
        that approximately 100,000 members of the Armed Forces 
        will be stationed in Europe.
          (7) The report on the Bottom-Up Review recognizes 
        that sizeable numbers of United States forces could be 
        involved in peace enforcement and intervention 
        operations at any one time.
          (8) The report on the Bottom-Up Review makes no 
        specific recommendation as to the number of forces to 
        be held in reserve to provide a rotation base either to 
        relieve troops in the event one or both hypothetical 
        conflicts result in lengthy deployments or to replace 
        combat losses.
          (9) Military planners calculate that 430,000 or more 
        United States military personnel may be needed to win a 
        war with North Korea begun by an invasion of South 
        Korea by North Korea.
          (10) In a worst case scenario, the size of the force 
        military planners may request to help defend South 
        Korea could exceed the levels that are consistent with 
        the recommendations of the report on the Bottom-Up 
        Review if the existing and future force requirements 
        for a presence in Europe, possible peace enforcement 
        operations, and an adequate rotation base, as well as a 
        second regional conflict, must be fulfilled 
        simultaneously.
          (11) The Bottom-Up Review was conducted for the 
        purpose of force-sizing and was not meant to constrain 
        operational planning.
    (b) Sense of Congress Concerning BUR.--It is the sense of 
Congress that--
          (1) the force structure identified in the report on 
        the Bottom-Up Review should not be used to limit the 
        size or structure of the force that United States 
        military commanders may request in preparation for a 
        major regional contingency on the Korean peninsula; and
          (2) the conclusions of the Bottom-Up Review should be 
        continuously examined in light of the lessons learned 
        from preparation for a major regional contingency on 
        the Korean peninsula and from other military 
        operations.
    (c) Sense of Congress Concerning Situation on Korean 
Peninsula.--It is the sense of Congress that the chairmen and 
ranking minority members of the Committees on Armed Services 
and chairmen and ranking minority members of the Appropriations 
Subcommittees on Defense of the Senate and House of 
Representatives\15\ should receive regular briefings from the 
Secretary of Defense on the situation on the Korean peninsula.
---------------------------------------------------------------------------
    \15\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.
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SEC. 1324. SENSE OF CONGRESS CONCERNING THE NORTH KOREAN NUCLEAR 
                    WEAPONS DEVELOPMENT PROGRAM.

    (a) Findings.--Congress makes the following findings:
          (1) Between 1950 and 1953, the United States led a 
        military coalition that successfully repelled an 
        invasion of the Republic of Korea by North Korea, at a 
        cost of more than 54,000 American lives.
          (2) The United States and the Republic of Korea 
        ratified a Mutual Security Treaty in 1954 that commits 
        the United States to helping the Republic of Korea 
        defend itself against external aggression.
          (3) Approximately 37,000 United States military 
        personnel are presently stationed in the Republic of 
        Korea.
          (4) The United States and the Republic of Korea have 
        regularly conducted joint military exercises, including 
        ``Team Spirit'' exercises.
          (5) North Korea has built up an armed force nearly 
        twice the size of that in the Republic of Korea and has 
        not renounced the use of force, terrorism, and 
        subversion in its attempts to subdue and subjugate the 
        Republic of Korea.
          (6) Although North Korea signed the Treaty on the 
        Non-Proliferation of Nuclear Weapons in 1985, it has 
        impeded the international inspection of its nuclear 
        facilities that is required of all signatories of that 
        Treaty.
          (7) North Korea's nuclear weapons and ballistic 
        missile programs represent a grave threat to the 
        security of the Korean peninsula and the entire world.
          (8) Efforts in recent years by the United States to 
        reduce tensions on the Korean peninsula have included--
                  (A) the withdrawal of all nuclear weapons 
                from the territory of the Republic of Korea and 
                a reduction in the number of United States 
                military personnel stationed there;
                  (B) the postponement of the 1994 Team Spirit 
                exercises;
                  (C) the establishment of direct diplomatic 
                contacts with the North Korean government; and
                  (D) the offer of expanded diplomatic and 
                economic contacts with North Korea.
          (9) Weapons-grade plutonium can be extracted from the 
        fuel rods removed from North Korea's principal reactor 
        at Yongbyon.
          (10) International inspectors were not permitted to 
        examine and test in a timely manner spent fuel rods 
        removed from North Korea's principal nuclear reactor at 
        Yongbyon, as required to ensure compliance with North 
        Korea's obligations under the Nuclear Non-Proliferation 
        Treaty.
          (11) Diplomacy concerning the North Korean nuclear 
        program has clearly reached a crucial stage, the 
        unsatisfactory resolution of which would place the 
        international nonproliferation regime in jeopardy and 
        threaten the peace and security of the Korean 
        peninsula, the Northeast Asia region, and, by 
        extension, the rest of the world.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the announced freeze on the North Korean nuclear 
        program should remain in place until internationally 
        agreed-upon safeguards of any North Korean civilian 
        nuclear program can be made fully effective;
          (2) the North Korean government should take a further 
        step toward verified cooperation with the international 
        nonproliferation regime by--
                  (A) permitting the unfettered international 
                inspection and testing of the spent fuel rods 
                removed from North Korea's nuclear reactor at 
                the Yongbyon nuclear complex, followed by 
                adequate international supervision of the 
                transfer of all spent fuel rods from the 
                Yongbyon complex and their disposal in another 
                country; and
                  (B) accepting a comprehensive inspection 
                process as required by the Treaty on the Non-
                Proliferation of Nuclear Weapons;
          (3) a resolution of the inspection controversy at the 
        Yongbyon complex that allows for anything less than the 
        full international inspection of facilities in that 
        complex required by North Korea's obligations under the 
        Nuclear Non-Proliferation Treaty--
                  (A) would be unsatisfactory; and
                  (B) should prompt the Government of the 
                United States to take such action as would 
                indicate the severity with which the United 
                States views this provocation against 
                international norms; and
          (4) such action should include (but not necessarily 
        be limited to)--
                  (A) the seeking of international sanctions 
                against North Korea; and
                  (B) the rescheduling of the Team Spirit 
                exercises for 1994.

SEC. 1325. REPORT ON SECURITY RELATIONSHIP BETWEEN THE UNITED STATES 
                    AND JAPAN.

    (a) Report Required.--Not later than March 1, 1995, the 
Secretary of Defense shall submit a report to Congress 
regarding the security relationship between the United States 
and Japan.
    (b) Content of Report.--The report required by this section 
shall contain the following:
          (1) An evaluation of the security objectives that the 
        United States hopes to achieve in its relationship with 
        Japan.
          (2) An analysis of the threats, dangers, and risks to 
        the United States and Japan in the Asia-Pacific region.
          (3) An explanation of the United States strategy for 
        achieving its security objectives with Japan and in the 
        Asia-Pacific region.
          (4) An evaluation of the role of the United States-
        Japan Security Treaty in achieving United States 
        security objectives with Japan and in the Asia-Pacific 
        region.
          (5) An analysis of the contributions that regional 
        security discussions, consultations, or frameworks 
        could make to the achievement of United States and 
        Japanese security objectives.
          (6) A discussion of the process by which the United 
        States and Japan address joint infrastructure matters, 
        such as land and training issues, throughout Japan, 
        including Okinawa.
          (7) A description of the United States military 
        facilities in Japan, including Okinawa, that have been 
        transferred to Japan in the previous 10 years.
          (8) A description of the contribution that Japan 
        makes to the costs incurred by the United States in 
        stationing military forces in Japan.
          (9) A review of the United States military presence 
        in Japan, including Okinawa, that contains the 
        following information:
                  (A) The number and location of United States 
                personnel.
                  (B) The number, size, and location of major 
                United States military units.
                  (C) An inventory and description of the 
                utilization of United States military 
                facilities, including their military, economic, 
                and environmental aspects.
                  (D) An explanation of the status of 
                discussion between the United States and 
                Japanese governments on joint infrastructure 
                matters.
                  (E) A description of United States training 
                activities.

   TITLE XIV--PEACE OPERATIONS AND HUMANITARIAN ASSISTANCE ACTIVITIES

                      Subtitle A--Peace Operations

SEC. 1401. REPORTS ON REFORMING UNITED NATIONS PEACE OPERATIONS.

    (a) Reports Required.--The Secretary of Defense shall 
submit to Congress two reports on proposals by the United 
States for improving management by the United Nations of peace 
operations. The Secretary shall submit the first report not 
later than December 1, 1994, and the second not later than June 
1, 1995.
    (b) Status of Implementation of United States Proposals.--
Each report shall contain--
          (1) a discussion of the status of implementation of 
        proposals by the United States contained in section IV 
        (relating to strengthening the United Nations) of the 
        document entitled ``The Clinton Administration's Policy 
        on Reforming Multilateral Peace Operations'' that was 
        issued by the Executive Office of the President in May 
        1994; and
          (2) an analysis of the results of such 
        implementation.
    (c) Subjects To Be Covered.--Each report shall cover, at a 
minimum, the following matters:
          (1) The reconfiguration and expansion of the staff 
        for the United Nations Department of Peacekeeping 
        Operations.
          (2) The reasons for lengthy, potentially disastrous 
        delays after a peace operation has been authorized and 
        steps by the United Nations to reduce those delays.
          (3) The establishment by the United Nations of a 
        professional peace operations training program for 
        commanders and other military and civilian personnel.
          (4) Assistance by the United States to facilitate 
        improvements by the United Nations in the matters 
        described in paragraphs (1) and (3) and the terms under 
        which such assistance has been or is being provided.
    (d) Peace Operation Defined.--In this section, the term 
``peace operation'' means an operation to maintain or restore 
international peace and security under chapter VI or chapter 
VII of the Charter of the United Nations.

SEC. 1402. REPORT ON MILITARY READINESS IMPLICATIONS OF BOSNIA 
                    PEACEKEEPING DEPLOYMENT.

    (a) Report.--(1) The Secretary of Defense shall submit to 
the congressional defense committees a report assessing the 
implications for United States military readiness of the 
participation of United States ground combat forces in 
peacekeeping operations within Bosnia-Hercegovina.
    (2) The report shall be submitted not later than 90 days 
after the date of the enactment of this Act or 30 days 
following the deployment of United States ground forces to 
Bosnia-Hercegovina, whichever occurs sooner.
    (b) Matters To Be Included.--The report under subsection 
(a) shall include the following:
          (1) An estimate of the total number of forces 
        required to carry out such an operation, including 
        forces required for a rotation base.
          (2) An estimate of the expected duration of such an 
        operation.
          (3) An estimate of the cost of such an operation, 
        together with an explanation of how the Secretary 
        proposes to provide funds for such an operation and an 
        assessment of how such proposed funding plan would 
        affect overall military readiness.
          (4) An assessment of the effect such an operation 
        would have on the ability of the United States Armed 
        Forces to execute successfully the two nearly-
        simultaneous major regional conflict strategy 
        articulated in the Bottom-Up Review.
          (5) An assessment of how readily forces participating 
        in such an operation could be redeployed to a major 
        regional conflict, including an analysis of the 
        availability of strategic lift, the likely condition of 
        equipment, and the extent of retraining necessary to 
        facilitate such a redeployment.
          (6) An assessment of the effect such an operation 
        would have on the general combat readiness and 
        deployability of combat units designated to be part of 
        the contingency force, including the extent to which 
        contingency force combat units would support the 
        initial deployment and subsequent rotations.
          (7) An assessment of the effect such an operation 
        would have on the general combat readiness and 
        deployability of combat units not designated to be part 
        of the contingency force, including the extent to which 
        non-contingency force combat units would support the 
        initial deployment and subsequent rotations.
          (8) For the initial deployment and subsequent 
        rotations, an assessment of the number and type of 
        combat support and combat service support units 
        required from active forces, including how many of such 
        units are designated to support the deployment of the 
        contingency force.
          (9) An assessment of the degree to which such an 
        operation would require the use of reserve component 
        units and personnel and the use and timing of 
        involuntary Selected Reserve call-up authority as 
        provided by section 673b of title 10, United States 
        Code.
          (10) An assessment of the anticipated cost of 
        equipment refurbishment resulting from such an 
        operation.
          (11) An assessment of how the increased operational 
        tempo associated with such an operation would affect 
        the mission capable readiness rates and overall health 
        of both strategic and theater airlift assets.
    (c) Definitions.--For purposes of this section:
          (1) The term ``contingency force'' includes--
                  (A) the set of four or five Army divisions 
                that is designated as the Army contingency 
                force by the Secretary of the Army, as well as 
                Army active duty and reserve component combat, 
                combat support, and combat service support 
                units designated to respond to a regional 
                conflict within the first 75 days of such 
                conflict; and
                  (B) Air Force, Navy, and Marine Corps active 
                duty and reserve component combat, combat 
                support, and combat service support units 
                designated to respond to a regional conflict 
                within the first 75 days of such conflict.
          (2) The term ``Bottom-Up Review'' means the October 
        1993 Department of Defense report entitled ``Report on 
        the Bottom-Up Review''.
    (d) Classification of Report.--The report required by 
subsection (a) shall be submitted in unclassified form and, if 
necessary, in classified form.

SEC. 1403. REPORT ON INTELLIGENCE LESSONS LEARNED FROM UNITED STATES 
                    ACTIVITIES IN SOMALIA.

    (a) Report.--The Secretary of Defense shall submit to 
Congress a report on the intelligence lessons learned from the 
United States participation in United Nations activities in 
Somalia.
    (b) Matters To Be Included.--The report shall--
          (1) specifically describe the availability of 
        intelligence on forces of other nations and of 
        indigenous forces operating in Somalia before, during, 
        and after the insertion of United States forces; and
          (2) set forth a complete review of any intelligence 
        failures, any equipment failures, and any equipment 
        unavailability in the theater.
    (c) Submission of Report.--The report shall be submitted 
not later than 180 days after the date of the enactment of this 
Act.

SEC. 1404. BOSNIA AND HERCEGOVINA.

    (a) Purpose.--It is the purpose of this section--
          (1) to express the sense of Congress concerning the 
        international efforts to end the conflict in Bosnia and 
        Hercegovina; and
          (2) to establish a process to end the arms embargo on 
        the Government of Bosnia and Hercegovina.
    (b) Statement of Support.--The Congress supports the 
efforts of the Contact Group to bring about a peaceful 
settlement of the conflict in Bosnia and Hercegovina based upon 
the Contact Group proposal.
    (c) Sense of Congress.--It is the sense of Congress that:
          (1) The United States should work with the member 
        nations of the North Atlantic Treaty Organization and 
        with other permanent members of the United Nations 
        Security Council to bring about a peaceful settlement 
        of the conflict in Bosnia and Hercegovina which 
        maintains the territorial integrity of Bosnia and 
        Hercegovina.
          (2) A peaceful settlement of the conflict must 
        preserve an economically, politically, and militarily 
        viable Bosnian state capable of exercising its rights 
        under the Charter of the United Nations as part of a 
        peaceful settlement, which rights include the inherent 
        right of a sovereign state to self defense.
          (3) The acceptance of the Contact Group proposal by 
        the Government of Bosnia and Hercegovina should lead to 
        the lifting of the Bosnia arms embargo.
          (4) In providing weapons to the Bosnian Government or 
        taking other actions, care should be taken to provide 
        for the safety of the United Nations Protection Force 
        (UNPROFOR) and the civilian personnel working for the 
        United Nations or nongovernmental volunteer 
        organizations.
          (5) The United States should immediately seek to 
        organize an international effort to provide assistance 
        to the states bordering Serbia and Montenegro to bring 
        about more effective enforcement by those states of the 
        international economic sanctions on the Government of 
        Serbia and Montenegro.
    (d) General United States Policy.--The United States should 
exercise leadership within the international community to cause 
the Bosnian Serb faction to accept the Contact Group proposal. 
Such action should be taken on separate but complementary 
international and unilateral tracks, as set forth in 
subsections (e), (f), and (g).
    (e) International Policy.--If the Bosnian Serbs do not 
accept the Contact Group proposal by the date that is the later 
of October 15, 1994, or the end of the 10-day period beginning 
on the date of the enactment of this Act, the President (or his 
representative) should, not later than 14 days thereafter, 
formally introduce and support in the United Nations Security 
Council a resolution to terminate the Bosnia arms embargo. The 
resolution should provide for the termination of the arms 
embargo no later than December 1, 1994 (and may allow for the 
termination to be accomplished in stages ending no later than 
that date).
    (f)\16\ Unilateral United States Policy.--(1) If by the 
earlier of November 15, 1994, or the end of the 15-day period 
beginning on the date on which a resolution described in 
subsection (e) (or a similar resolution) is formally 
introduced, the United Nations Security Council has not agreed 
to such a resolution and the Bosnian Serbs have not accepted 
the Contact Group proposal--
---------------------------------------------------------------------------
    \16\The President issued the following determination on November 
12, 1994:
    ``Pursuant to the authority provided in section 1404(f)(3)(A) of 
the National Defense Authorization Act for Fiscal Year 1995 (Public Law 
103-337) (the `Act'), I hereby determine that the limitation in section 
1404(f)(2) of the Act is waived in the case of U.S. military personnel 
serving in NATO headquarters positions, including the following:
---------------------------------------------------------------------------

          ``(1) All U.S. military personnel assigned to or performing 
        duties at NATO Headquarters in Brussels, Belgium.
          ``(2) The Commanders and all U.S. military personnel assigned 
        to or performing duties at the staffs of the Supreme Allied 
        Commander, Europe or the Supreme Allied Commander, Atlantic.
          ``(3) The Commanders and all U.S. military personnel assigned 
        to or performing duties at the staff of the Commander in Chief, 
        Allied Forces Southern Europe.
          ``(4) Those U.S. Commanders and U.S. military personnel 
        assigned to or performing duties at subordinate NATO 
        headquarters staffs of the above listed staffs.
          ``(5) Those U.S. Commanders and other U.S. military personnel 
        assigned to or performing duties at other Allied Forces Europe 
        staffs, such as Commander in Chief, Allied Forces Central 
        Europe.'' (Presidential Determination No. 95-4; 59 F.R. 64109).
          (A) the funding limitation specified in paragraph (2) 
        shall be in effect;
          (B) the President shall submit a plan to, and shall 
        consult with, Congress on the manner in which United 
        States Armed Forces and the military forces of friendly 
        states would provide training to the armed forces of 
        the Government of Bosnia and Hercegovina outside of the 
        territory of Bosnia and Hercegovina; and
          (C) the President shall submit a plan to, and shall 
        consult with, Congress regarding the unilateral 
        termination by the United States of compliance with the 
        Bosnia arms embargo and the implications thereof.
    (2) If the funding limitation specified in this paragraph 
is in effect pursuant to paragraph (1)(A), then no funds 
appropriated by any provision of law may be used for the 
purpose of participation in, support for, or assistance to the 
enforcement of the Bosnia arms embargo by any Department, 
agency or other entity of the United States (or by any officer 
or employee of the United States or member of the Armed Forces 
of the United States) other than as required of all United 
Nations member states under the United Nations Security Council 
resolution referred to in subsection (h)(3) and the Charter of 
the United Nations.
    (3)(A) The President may waive the limitation in paragraph 
(2) in the case of United States military personnel serving in 
NATO headquarters positions.
    (B) Nothing in paragraph (2) is intended to impede 
enforcement of sanctions against Serbia.
    (g) Interim Policy.--If the Bosnian Serb faction attacks 
any area within those areas that have been designated by the 
United Nations as ``safe areas'', the President (or his 
representative) should promptly formally introduce and support 
in the United Nations Security Council a resolution that 
authorizes a selective lifting of the Bosnia arms embargo in 
order to allow the provision of defensive weapons (such as 
anti-tank weapons, counter-battery radars, and mortars) to 
enable the forces of the Government of Bosnia and Hercegovina 
to defend the safe areas.
    (h) Definitions.--For purposes of this section:
          (1) The term ``Contact Group'' means the group 
        composed of representatives of the United States, 
        Russia, France, Britain, and Germany seeking to bring 
        about a peaceful settlement of the conflict in Bosnia 
        and Hercegovina.
          (2) The term ``Contact Group proposal'' means the 
        peace proposal of the Contact Group that has been 
        agreed to by the Government of Bosnia and Hercegovina 
        and rejected by the Bosnian Serb faction.
          (3) The term ``Bosnia arms embargo'' means 
        application to the Government of Bosnia and Hercegovina 
        of the arms embargo imposed by United Nations Security 
        Council resolution 713, of September 25, 1991.

                   Subtitle B--Assistance Activities

SEC. 1411. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID PROGRAMS.

    (a) OHDACA Programs.--For purposes of section 301 and other 
provisions of this Act, programs of the Department of Defense 
designated as Overseas Humanitarian, Disaster, and Civic Aid 
(OHDACA) programs are the programs provided by--
          (1) sections 401, 402, 2547, and 2551 of title 10, 
        United States Code;
          (2) section 404 of title 10, United States Code, as 
        added by section 1412; and
          (3) section 1413 of this Act.\17\
---------------------------------------------------------------------------
    \17\Sec. 1413 of this Act was repealed by sec. 1313(c) of the 
National Defense Authorization Act for Fiscal Year 1996 (Public Law 
104-106; 110 Stat. 475).
---------------------------------------------------------------------------
    (b) Limitation.--Not more than one-half of the amount 
authorized to be appropriated in section 301 for those programs 
may be obligated until the regulations required to be 
prescribed by subsection (a) of section 1504 of the National 
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1839) have been prescribed.

SEC. 1412. FOREIGN DISASTER ASSISTANCE.
    (a) Authority.--Subchapter I of chapter 20 of title 10, 
United States Code, is amended by adding at the end the 
following new section:\18\
---------------------------------------------------------------------------
    \18\Sec. 1412 added a new sec. 404 to 10 U.S.C., relating to 
foreign disaster assistance.
    \19\Formerly at 10 U.S.C. 401 note. Sec. 1313(c) of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 
Stat. 475) repealed sec. 1413, which had provided as follows:
    ``sec. 1413. humanitarian assistance program for clearing 
landmines.
    ``(a) program authorized.--The Secretary of Defense shall carry out 
a program for humanitarian purposes to provide assistance to other 
nations in the detection and clearance of landmines. Such assistance 
shall be provided through instruction, education, training, and 
advising of personnel of those nations in the various procedures that 
have been determined effective for detecting and clearing landmines.
    ``(b) forms of assistance.--The Secretary may provide assistance 
under subsection (a) by--
---------------------------------------------------------------------------

          ``(1) providing Department of Defense personnel to conduct 
        the instruction, education, or training or to furnish advice; 
        or
          ``(2) providing financial assistance or in-kind assistance in 
        support of such instruction, education, or training.
---------------------------------------------------------------------------
    ``(c) limitation on united states military personnel.--The 
Secretary of Defense shall ensure that no member of the Armed Forces of 
the United States--
---------------------------------------------------------------------------

          ``(1) while providing assistance under subsection (a), 
        engages in the physical detection, lifting, or destroying of 
        landmines (unless the member does so for the concurrent purpose 
        of supporting a United States military operation); or
          ``(2) provides such assistance as part of a military 
        operation that does not involve the Armed Forces of the United 
        States.
---------------------------------------------------------------------------
    ``(d) use of funds.--Of the amount authorized to be appropriated by 
section 301 for Overseas Humanitarian, Disaster, and Civic Aid (OHDACA) 
programs of the Department of Defense, not more than $20,000,000 shall 
be available for the program under subsection (a). Such amount may be 
used--
---------------------------------------------------------------------------

          ``(1) for activities to support the clearing of landmines for 
        humanitarian purposes, including activities relating to the 
        furnishing of education, training, and technical assistance;
          ``(2) for the provision of equipment and technology by 
        transfer or lease to a foreign government that is participating 
        in a landmine clearing program under this section; and
          ``(3) for contributions to nongovernmental organizations that 
        have experience in the clearing of landmines to support 
        activities described in subsection (a).
---------------------------------------------------------------------------
    ``(e) notice to congress.--The Secretary of Defense shall provide 
notice to Congress of any activity carried out under this section.''.
---------------------------------------------------------------------------

SEC. 1413.\19\ * * * [Repealed--1996]

                   TITLE XV--ARMS CONTROL MATTERS\20\

          * * * * * * *
---------------------------------------------------------------------------
    \20\For text, see Legislation on Foreign Relations Through 1997, 
vol. II.
    \21\See Legislation on Foreign Relations Through 1997, vol. II.
---------------------------------------------------------------------------

                TITLE XXXVI--PANAMA CANAL COMMISSION\21\

          * * * * * * *
       h. National Defense Authorization Act for Fiscal Year 1994

    Partial text of Public Law 103-160 [H.R. 2401], 107 Stat. 1547, 
  approved November 30, 1993; amended by Public Law 103-337 [National 
  Defense Authorization Act for Fiscal Year 1995; S. 2182], 108 Stat. 
 2663, approved October 5, 1994; Public Law 104-106 [National Defense 
   Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
   approved February 10, 1996; Public Law 104-201 [National Defense 
  Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, 
approved September 23, 1996; and by Public Law 105-85 [National Defense 
  Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, 
                       approved November 18, 1997

 AN ACT To authorize appropriations for fiscal year 1994 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 1994''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means the Committees on Armed Services and the 
Committees on Appropriations of the Senate and House of 
Representatives.\1\
---------------------------------------------------------------------------
    \1\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.
---------------------------------------------------------------------------

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

          * * * * * * *

SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

    (a) Authorization.--There is hereby authorized to be 
appropriated for fiscal year 1994 the amount of $379,561,000 
for--
          (1) the destruction of lethal chemical agents and 
        munitions in accordance with section 1412 of the 
        Department of Defense Authorization Act, 1986 (50 
        U.S.C. 1521); and
          (2) the destruction of chemical warfare material of 
        the United States that is not covered by section 1412 
        of such Act.
    (b) Limitation.--Of the funds specified in subsection (a)--
          (1) $280,361,000 is for operations and maintenance;
          (2) $72,600,000 is for procurement; and
          (3) $26,600,000 is for research and development 
        efforts in support of the nonstockpile chemical weapons 
        program.
    (c) Clarification of Cooperative Agreement Authority.--
Subsection (c)(3) of section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521), is amended by 
striking out ``and approving'' in the third sentence and 
inserting in lieu thereof ``, approving, and overseeing''.
          * * * * * * *

                       Subtitle C--Navy Programs

          * * * * * * *

SEC. 122. TRIDENT II (D-5) MISSILE PROCUREMENT.

    (a) * * *
    (b) Options for Achieving SLBM Warhead Limitations.--Not 
later than April 1, 1994, the Secretary of Defense shall submit 
to Congress a report on options available for achieving the 
limitations on submarine-launched ballistic missile (SLBM) 
warheads imposed by the START II treaty at significantly 
reduced costs from the costs planned for fiscal year 1994. The 
report shall include an examination of the implications for 
those options of further reductions in the number of such 
warheads under further strategic arms reduction treaties.
          * * * * * * *

                       Subtitle E--Other Matters

          * * * * * * *

SEC. 152. GLOBAL POSITIONING SYSTEM.

    (a) Program Study Required.--(1) The Secretary of Defense 
shall provide for an independent study to be conducted on the 
management and funding of the Global Positioning System program 
for the future.
    (2) With the agreement of the National Academy of Sciences 
and the National Academy of Public Administration, the study 
shall be conducted jointly by those organizations.
    (3) Of the amounts authorized to be appropriated to the 
Department of Defense for fiscal year 1994 and made available 
for procurement of Global Positioning System user equipment, 
for procurement of spacecraft, or for operations and 
maintenance, up to $3,000,000 may be used for carrying out the 
study required by paragraph (1).
    (b) Limitation on Procurement of Systems Not GPS-
Equipped.--After September 30, 2000, funds may not be obligated 
to modify or procure any Department of Defense aircraft, ship, 
armored vehicle, or indirect-fire weapon system that is not 
equipped with a Global Positioning System receiver.
    (c) Report.--(1) Not later than May 1, 1994, the Secretary 
of Defense shall submit to the committees specified in 
paragraph (3) a report on the Global Positioning System. The 
report shall include a description of each of the following:
          (A) The threats, if any, to the health and safety of 
        United States military forces, allied military forces, 
        and the United States and allied civilian populations, 
        and the threats, if any, of damage to property within 
        the United States and allied countries, that will 
        result by the year 2000 from Global Positioning System 
        navigation signals, local and wide-area differential 
        navigation correction signals, kinematic differential 
        correction signals, and commercially available map 
        products based on the Global Positioning System.
          (B) The threat, if any, to civil aviation and other 
        transportation operations that will result by the year 
        2000 from the signal jamming, deception, and other 
        disruptive effects of Global Positioning System 
        navigation signals.
          (C) The actions, if any, that can be taken to 
        eliminate or mitigate such threats.
          (D) The modifications, if any, of the Global 
        Positioning System and derivative systems that can be 
        made to eliminate or significantly reduce such threats, 
        or to increase the ability of the Department of Defense 
        to mitigate such threats, without interfering with 
        authorized and peaceful uses of the Global Positioning 
        System.
    (2) The report under paragraph (1) shall be prepared in 
coordination with the Director of Central Intelligence.
    (3) The committees referred to in paragraph (1) are--
          (A) the Committee on Armed Services,\2\ the Committee 
        on Appropriations, and the Permanent Select Committee 
        on Intelligence of the House of Representatives; and
---------------------------------------------------------------------------
    \2\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.
---------------------------------------------------------------------------
          (B) the Committee on Armed Services, the Committee on 
        Appropriations, and the Select Committee on 
        Intelligence of the Senate.
          * * * * * * *

SEC. 159. SPACE-BASED MISSILE WARNING AND SURVEILLANCE PROGRAMS.

    (a) Amount for Programs.--Of the amounts authorized to be 
appropriated by section 104, not to exceed $801,900,000 shall 
be available for space-based missile warning and surveillance 
programs.
    (b) Transfer Authority.--To the extent provided in 
appropriations Acts, during fiscal year 1994 funds may be 
transferred from the amount available for space-based missile 
warning and surveillance programs pursuant to subsection (a) to 
programs specified in subsection (c) as follows:
          (1) Before March 1, 1994, up to $250,000,000.
          (2) On or after March 1, 1994, any unobligated amount 
        remaining for space-based missile warning and 
        surveillance programs pursuant to subsection (a).
    (c) Programs To Which Transferred.--A transfer under 
subsection (b) may be made to any of the following programs:
          (1) The Follow-on Early Warning System.
          (2) The Defense Support Program.
          (3) The Brilliant Eyes Program.
          (4) The Cobra Ball Upgrade Program.
    (d) Relationship to Other Transfer Authority.--The 
authority to make transfers under subsection (b) is in addition 
to the authority provided in section 1101.

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

          * * * * * * *

    Subtitle B--Program Requirements, Restrictions, and Limitations

          * * * * * * *

SEC. 213. SPACE LAUNCH MODERNIZATION PLAN.

    (a) Plan Required.--(1) The Secretary of Defense shall 
develop a plan that establishes and clearly defines priorities, 
goals, and milestones regarding modernization of space launch 
capabilities for the Department of Defense or, if appropriate, 
for the Government as a whole. The plan shall specify whether 
the Secretary intends to allocate funds for a new space launch 
vehicle or other major space launch development initiative in 
the next future-years defense program submitted pursuant to 
section 221 of title 10, United States Code.
    (2) The plan shall be developed in consultation with the 
Director of the Office of Science and Technology Policy.
    (3) The Secretary shall submit the plan to Congress at the 
same time in 1994 that the Secretary submits to Congress the 
next future-years defense program.
    (b) Allocation of Funds.--Of the amount authorized to be 
appropriated in section 201, $35,000,000 shall be available 
through the Office of the Undersecretary of Defense for 
Acquisition and Technology for research, development, test, and 
evaluation of new non-man-rated space launch systems and 
technologies. None of that amount may be obligated or expended 
for any operational United States space launch vehicle system 
in existence as of the date of the enactment of this Act. Of 
that amount--
          (1) $17,000,000 shall be available for the single-
        stage rocket technology (SSRT) program, including--
                  (A) completion of phase one of the SSRT 
                program begun in the Ballistic Missile Defense 
                Office;
                  (B) concept studies for new reusable space 
                launch vehicles;
                  (C) data base development on domestic and 
                foreign launch systems to support design-to-
                cost, engine development, and reduced life-
                cycle costs; and
                  (D) examination of reusable engine thrust 
                chamber component applications to achieve 
                advanced producibility, cost, and durability 
                information needed for improved designs; and
          (2) $18,000,000 shall be available for similar tasks 
        related to expendable launch vehicles, including--
                  (A) concept studies for new expendable space 
                launch vehicles;
                  (B) data base development on domestic and 
                foreign launch systems to support design-to-
                cost, engine development, and reduced life-
                cycle costs; and
                  (C) examination of expendable engine thrust 
                chamber component applications to achieve 
                advanced producibility, cost, and durability 
                information needed for improved designs.
    (c) Requirements Regarding Development of New Launch 
Vehicles.--If the space launch plan under subsection (a) 
identifies a new, non-man-rated expendable or reusable launch 
vehicle technology for development or acquisition, the 
Secretary shall explore innovative government-industry funding, 
management, and acquisition strategies to minimize the cost and 
time involved.
    (d) Cost Reduction Requirement.--The plan shall provide for 
a means of reducing the cost of producing existing launch 
vehicles at current and projected production rates below the 
current estimates of the costs for those production rates.
    (e) Study of Differences Between United States and Foreign 
Space Launch Vehicles.--(1) The Secretary of Defense shall 
conduct a comprehensive study of the differences between 
existing United States and foreign expendable space launch 
vehicles in order--
          (A) to identify specific differences in the design, 
        manufacture, processing, and overall management and 
        infrastructure of such space launch vehicles; and
          (B) to determine the approximate effect of the 
        differences on the relative cost, reliability, and 
        operational efficiency of such space launch vehicles.
    (2) The Secretary shall consult with the Administrator of 
the National Aeronautics and Space Administration and, as 
appropriate, the heads of other Federal agencies and 
appropriate personnel of United States industries and academic 
institutions in carrying out the study.
    (3) The Secretary shall submit to Congress a report of the 
results of the study no later than October 1, 1994.
          * * * * * * *

                  Subtitle C--Missile Defense Programs

SEC. 231. FUNDING FOR BALLISTIC MISSILE DEFENSE PROGRAMS FOR FISCAL 
                    YEAR 1994.

    (a) Total Amount.--Of the amounts appropriated pursuant to 
section 201 for fiscal year 1994 or otherwise made available to 
the Department of Defense for research, development, test, and 
evaluation for fiscal year 1994, not more than $2,638,992,000 
may be obligated for programs managed by the Ballistic Missile 
Defense Organization.
    (b) Allocation to Program Elements.--Of the amount 
specified in subsection (a)--
          (1) not more than $1,450,992,000 shall be available 
        for programs, projects, and activities within the 
        Theater Missile Defense program element;
          (2) not more than $650,000,000 shall be available for 
        programs, projects, and activities within the Limited 
        Defense System program element; and
          (3) a total of not more than $538,000,000 shall be 
        available for programs, projects, and activities within 
        the Research and Support Activities program element, 
        including funding for the Small Business Innovation 
        Research Program and the Small Business Technology 
        Transfer Program.
    (c) Transfer Authorities.--(1) Notwithstanding the 
limitations set forth in paragraphs (1) through (3) of 
subsection (b), the Secretary of Defense may transfer funds 
among the program elements managed by the Ballistic Missile 
Defense Organization. The total amount that may be transferred 
pursuant to the preceding sentence--
          (A) from any program element named in subsection (b) 
        may not exceed 10 percent of the amount specified for 
        that program element in subsection (b); and
          (B) to any program element named in subsection (b) 
        may not result in an increase by more than 10 percent 
        of the amount specified for that program element in 
        that subsection.
    (2) The authority under paragraph (1) may not be used to 
transfer funds from the Theater Missile Defense program 
element.
    (3) The authority under paragraph (1) may not be used to 
transfer funds from the Limited Defense System program element 
to the program element for Research and Support Activities.
    (4) Amounts transferred pursuant to paragraph (1) shall be 
merged with and be available for the same purposes as the 
amounts to which transferred.
    (d) Limitations.--None of the funds authorized to be 
obligated under subsection (a) may be obligated for the 
Brilliant Eyes space-based sensor program. Such funds may be 
obligated for the Brilliant Pebbles program only within the 
Research and Support Activities program element and in an 
amount not in excess of $35,000,000.
    (e) Report on Allocation of Funds.--Not later than 60 days 
after the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense committees a 
report on the allocation of funds appropriated for the 
ballistic missile defense program for fiscal year 1994. The 
report--
          (1) shall specify the amount of such funds allocated 
        for each program, project, and activity managed by the 
        Ballistic Missile Defense Organization; and
          (2) shall list each ballistic missile defense 
        program, project, and activity under the appropriate 
        program element.

SEC. 232.\3\ REVISIONS TO MISSILE DEFENSE ACT OF 1991. * * *
---------------------------------------------------------------------------

    \3\Sec. 232 amended the Missile Defense Act of 1991 (part C of 
title II of Public Law 102-190; 10 U.S.C. 2431 note).
---------------------------------------------------------------------------

SEC. 233. PATRIOT ADVANCED CAPABILITY-3 THEATER MISSILE DEFENSE SYSTEM.

    (a) Competition for Missile Selection.--The Secretary of 
Defense shall continue the strategy being carried out by the 
Ballistic Missile Defense Organization as of October 1, 1993, 
for selection of the best technology (in terms of cost, 
schedule, risk, and performance) to meet the missile 
requirements for the Patriot Advanced Capability-3 (PAC-3) 
theater missile defense system. That strategy, consisting of 
flight testing, ground testing, simulations, and other analyses 
of the weapon systems referred to in subsection (d), shall be 
continued until the Secretary determines that the Ballistic 
Missile Defense Organization has adequate information upon 
which to base a decision as to which missile will be selected 
to proceed into the Engineering and Manufacturing Development 
stage.
    (b) Implications of Delay.--If there is a delay (based upon 
the schedule in effect in October 1993) in the selection 
described in subsection (a) of the missile for the Patriot 
Advanced Capability-3 system, the Secretary of Defense shall 
ensure that demonstration and validation of both competing 
systems can continue as needed to support an informed decision 
for such selection.
    (c) Funding for Certain Ballistic Missile RDT&E.--If a 
decision is not made before February 28, 1994, to proceed into 
the Engineering and Manufacturing Development stage under a 
weapon system program referred to in subsection (d), the funds 
appropriated pursuant to the authorization of appropriations in 
section 201 that are available for engineering and 
manufacturing development for such a program shall be available 
for research, development, test, and evaluation of the Patriot 
PAC-3 Missile program.
    (d) Covered Weapon System Programs.--For purposes of 
subsections (a) and (c), the weapon system programs referred to 
in this subsection are as follows:
          (1) The Patriot Multimode Missile Program.
          (2) The Extended Range Interceptor (ERINT) missile 
        program.
---------------------------------------------------------------------------
    \4\Formerly at 10 U.S.C. 2431 note. Sec. 253(6) of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 
Stat. 235) repealed sec. 234, relating to compliance of ballistic 
missile defense systems and components with the ABM treaty.
---------------------------------------------------------------------------

SEC. 234.\4\  * * * [REPEALED--1996]

SEC. 235.\5\ THEATER MISSILE DEFENSE MASTER PLAN.

    (a) Integration and Compatibility.--In carrying out the 
Theater Missile Defense Initiative, the Secretary of Defense 
shall--
---------------------------------------------------------------------------
    \5\10 U.S.C. 2431 note.
---------------------------------------------------------------------------
          (1) seek to maximize the use of existing systems and 
        technologies; and
          (2) seek to promote joint use by the military 
        departments of existing and future ballistic missile 
        defense equipment (rather than each military department 
        developing its own systems that would largely overlap 
        in their capabilities).
The Secretaries of the military departments shall seek the 
maximum integration and compatibility of their ballistic 
missile defense systems as well as of the respective roles and 
missions of those systems.
    (b) TMD Master Plan.--The Secretary of Defense shall submit 
to Congress a report (which shall constitute the TMD master 
plan) containing a thorough and complete analysis of the future 
of theater missile defense programs. The report shall include 
the following:
          (1) A description of the mission and scope of Theater 
        Missile Defense.
          (2) A description of the role of each of the Armed 
        Forces in Theater Missile Defense.
          (3) A description of how those roles interact and 
        complement each other.
          (4) An evaluation of the cost and relative 
        effectiveness of each interceptor and sensor under 
        development as part of a Theater Missile Defense system 
        by the Ballistic Missile Defense Organization.
          (5) A detailed acquisition strategy which includes an 
        analysis and comparison of the projected acquisition 
        and life-cycle costs of each Theater Missile Defense 
        system intended for production (shown separately for 
        research, development, test, and evaluation, for 
        procurement, for operation and maintenance, and for 
        personnel costs for each system).
          (6) Specification of the baseline production rate for 
        each year of the program through completion of 
        procurement.
          (7) An estimate of the unit cost and capabilities of 
        each system.
          (8) A description of plans for theater and tactical 
        missile defense doctrine, training, tactics, and force 
        structure.
    (c) Description of Testing Program.--The Secretary of 
Defense shall include in the report under subsection (b)--
          (1) a description of the current and projected 
        testing program for Theater Missile Defense systems and 
        major components; and
          (2) an evaluation of the adequacy of the testing 
        program to simulate conditions similar to those the 
        systems and components would actually be expected to 
        encounter if and when deployed (such as the ability to 
        track and engage multiple targets with multiple 
        interceptors, to discriminate targets from decoys and 
        other incoming objects, and to be employed in a shoot-
        look-shoot firing mode).
    (d) Relationship to Arms Control Treaties.--The Secretary 
shall include in the report under subsection (b) a statement of 
how production and deployment of any projected Theater Missile 
Defense program will conform to all relevant arms control 
agreements. The report shall describe any potential 
noncompliance with any such agreement, when such noncompliance 
is expected to occur, and whether provisions need to be 
renegotiated within that agreement to address future 
contingencies.
    (e) Submission of Report.--The report required by 
subsection (b) shall be submitted as part of the next annual 
report of the Secretary submitted to Congress under section 224 
of Public Law 101-189 (10 U.S.C. 2431 note).
    (f) Objectives of Plan.--In preparing the master plan, the 
Secretary shall--
          (1) seek to maximize the use of existing technologies 
        (such as SM-2, AEGIS, Patriot, and THAAD) rather than 
        develop new systems;
          (2) seek to maximize integration and compatibility 
        among the systems, roles, and missions of the military 
        departments; and
          (3) seek to promote cross-service use of existing 
        equipment (such as development of Army equipment for 
        the Marine Corps or ground utilization of an air or sea 
        system).
    (g) Review and Report on Deployment of Ballistic Missile 
Defenses.--(1) The Secretary of Defense shall conduct an 
intensive and extensive review of opportunities to streamline 
the weapon systems acquisition process applicable to the 
development, testing, and deployment of theater ballistic 
missile defenses with the objective of reducing the cost of 
deployment and accelerating the schedule for deployment without 
significantly increasing programmatic risk or concurrency.
    (2) In conducting the review, the Secretary shall obtain 
recommendations and advice from--
          (A) the Defense Science Board;
          (B) the faculty of the Industrial College of the 
        Armed Forces; and
          (C) federally funded research and development centers 
        supporting the Office of the Secretary of Defense.
    (3) Not later than May 1, 1994, the Secretary shall submit 
to the congressional defense committees a report on the 
Secretary's findings resulting from the review under paragraph 
(1), together with any recommendations of the Secretary for 
legislation. The Secretary shall submit the report in 
unclassified form, but may submit a classified version of the 
report if necessary to clarify any of the information in the 
findings or recommendations or any related information. The 
report may be submitted as part of the next annual report of 
the Secretary submitted to Congress under section 224 of Public 
Law 101-189 (10 U.S.C. 2431 note).

SEC. 236. LIMITED DEFENSE SYSTEM DEVELOPMENT PLAN.

    (a) Requirement for Report.--(1) The Secretary of Defense 
shall submit to the congressional defense committees a report 
on the development plan for a Limited Defense System covering 
the period of fiscal years 1994 through 1999.
    (2) The report under paragraph (1) shall be submitted not 
later than May 30, 1994, and may be included in the next annual 
report on ballistic missile defenses submitted to Congress 
under section 224 of Public Law 101-189 (10 U.S.C. 2431 note).
    (b) Issues To Be Addressed in Report.--The report under 
subsection (a) shall include discussion of the following 
matters:
          (1) The proposed Limited Defense System architecture.
          (2) The systems and components to be developed to 
        implement that architecture.
          (3) The extent to which those systems and components 
        can be developed during the period referred to in 
        subsection (a), assuming annual funding for the Limited 
        Defense System averaging $600,000,000 per year.
          (4) The additional funding required and the 
        additional time required after fiscal year 1999 in 
        order for initial deployment of a limited, ABM-Treaty-
        compliant capability at a single site to be 
        implemented.
          (5) The variations in both required funding and 
        required time after fiscal year 1999 for the same 
        initial deployment to be implemented--
                  (A) if funding for a Limited Defense System 
                during fiscal years 1995 through 1999 averages 
                $750,000,000 per year; and
                  (B) if funding for a Limited Defense System 
                during fiscal years 1995 through 1999 averages 
                $450,000,000 per year.
          (6) The extent to which missile defense technologies 
        and components that are developed for Theater Missile 
        Defense systems to be deployed before fiscal year 2000 
        can reduce the development costs and lead-times for 
        development and deployment of a Limited Defense System.
          (7) The extent to which acquisition streamlining can 
        be applied to the development of a Limited Defense 
        System.
          (8) The extent to which the testing and simulation 
        infrastructure, the level of engineering and technical 
        support, the extensive reliance on studies and analyses 
        by contractors, and the substantial use of outside 
        contractors for systems engineering and technical 
        analysis which the Ballistic Missile Defense 
        Organization has inherited from the Strategic Defense 
        Initiative Organization can be reduced given the re-
        evaluation of the Ballistic Missile Defense program 
        that has emerged from the Bottom-Up Review of the 
        Secretary of Defense which was conducted during 1993.
          (9) Such other matters as the Secretary considers 
        important.

SEC. 237. THEATER AND LIMITED DEFENSE SYSTEM TESTING.

    (a)\6\ Testing of Theater Missile Defense Interceptors.--
(1) The Secretary of Defense may not approve a theater missile 
defense interceptor program proceeding beyond the low-rate 
initial production acquisition stage until the Secretary 
certifies to the congressional defense committees that such 
program has successfully completed initial operational test and 
evaluation.
---------------------------------------------------------------------------
    \6\Sec. 252 of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 234), amended and restated 
subsec. (a), which had formerly read as follows:
    ``(a) testing of theater missile defense interceptors.--Except for 
the acquisition of those production representative missiles required 
for the completion of developmental and operational testing, the 
Secretary of Defense may not approve a theater missile defense 
interceptor program proceeding into the Low-Rate Initial Production 
(Milestone IIIA) acquisition stage until the Secretary certifies to the 
congressional defense committees that more than two realistic live-fire 
tests, consistent with section 2366 of title 10, United States Code, 
have been conducted, the results of which demonstrate the achievement 
by the interceptors of the weapons systems performance goals specified 
in the system baseline document established pursuant to section 
2435(a)(1)(A) of title 10, United States Code, before the program 
entered engineering and manufacturing systems development. The live-
fire tests demonstrating such results shall involve multiple 
interceptors and multiple targets in the presence of realistic 
countermeasures.''.
---------------------------------------------------------------------------
    (2) In order to be certified under paragraph (1) as having 
been successfully completed, the initial operational test and 
evaluation conducted with respect to an interceptors program 
must have included flight tests--
          (A) that were conducted with multiple interceptors 
        and multiple targets in the presence of realistic 
        countermeasures; and
          (B) the results of which demonstrate the achievement 
        by the interceptors of the baseline performance 
        thresholds.
    (3) For purposes of this subsection, the baseline 
performance thresholds with respect to a program are the 
weapons systems performance thresholds specified in the 
baseline description for the system established (pursuant to 
section 2435(a)(1) of title 10, United States Code) before the 
program entered the engineering and manufacturing development 
stage.
    (4) The number of flight tests described in paragraph (2) 
that are required in order to make the certification under 
paragraph (1) shall be a number determined by the Secretary of 
Defense to be sufficient for the purposes of this section.
    (5) The Secretary may augment live-fire testing to 
demonstrate weapons system performance goals for purposes of 
the certification under paragraph (1) through the use of 
modeling and simulation that is validated by ground and flight 
testing.
    (b) Advance Review and Approval of Proposed Developmental 
Tests of Limited Defense System Program Projects.--A 
developmental test may not be conducted under the Limited 
Defense System program element of the Ballistic Missile Defense 
Program until the Secretary of Defense reviews and approves (or 
approves with changes) the test plan for such developmental 
test.
    (c) Independent Monitoring of Tests.--(1) The Secretary 
shall provide for monitoring of the implementation of each test 
plan referred to in subsection (b) by a group composed of 
persons who--
          (A) by reason of education, training, or experience 
        are qualified to monitor the testing covered by the 
        plan; and
          (B) are not assigned or detailed to, or otherwise 
        performing duties of, the Ballistic Missile Defense 
        Organization and are otherwise independent of such 
        organization.
    (2) The monitoring group shall submit to the Secretary its 
analysis of, and conclusions regarding, the conduct and results 
of each test monitored by the group.

SEC. 238.\7\ ARROW TACTICAL ANTI-MISSILE PROGRAM.

    (a) Endorsement of Cooperative Research and Development.--
Congress reiterates its endorsement (previously stated in 
section 225(a)(5) of Public Law 101-510 (104 Stat. 1515) and 
section 241(a) of Public Law 102-190 (105 Stat. 1326)) of a 
continuing program of cooperative research and development, 
jointly funded by the United States and Israel, on the Arrow 
Tactical Anti-Missile program.
---------------------------------------------------------------------------
    \7\On May 28, 1996, the President certified that:
---------------------------------------------------------------------------

          ``--The United States and the Government of Israel have 
        entered into an agreement governing the conduct and funding of 
        the Arrow Deployability Program;
          ``--the Arrow Deployability Program will benefit the United 
        States and has not been barred by other Congressional 
        direction;
          ``--The Arrow missile successfully completed a flight test on 
        June 12, 1994, in which it intercepted a target missile under 
        realistic test conditions; and
          ``--the Government of Israel is continuing, in accordance 
        with its previous public commitments, to adhere to export 
        controls pursuant to the Guidelines and Annex of the Missile 
        Technology Control Regime.'' (Presidential Determination No. 
        96-27; 61 F.R. 29001).
    (b) Program Goal.--The goal of the cooperative program is 
to demonstrate the feasibility and practicality of the Arrow 
system and to permit the government of Israel to make a 
decision on its own initiative regarding deployment of that 
system without financial participation by the United States 
beyond the research and development stage.
    (c) Arrow Continuing Experiments.--The Secretary of 
Defense, from amounts appropriated to the Department of Defense 
pursuant to section 201 for Defense-wide activities and 
available for the Ballistic Missile Defense Organization, shall 
fund the United States contribution to the fiscal year 1994 
Arrow Continuing Experiments program in an amount not to exceed 
$56,400,000.
    (d) Arrow Deployability Initiative.--(1) Subject to 
paragraph (2), the Secretary of Defense may obligate funds 
appropriated pursuant to section 201 in an amount not to exceed 
$25,000,000 for the purpose of research and development of 
technologies associated with deploying the Arrow missile in the 
future (including technologies associated with battle 
management, lethality, system integration, and test bed 
systems).
    (2) Funds may not be obligated for the purpose stated in 
paragraph (1) (other than as required to satisfy the conditions 
set forth in this paragraph) unless the President certifies to 
Congress that--
          (A) the United States and the government of Israel 
        have entered into an agreement governing the conduct 
        and funding of research and development projects for 
        the purpose stated in paragraph (1);
          (B) each project in which the United States will join 
        under that agreement (i) will have a benefit for the 
        United States, and (ii) has not been barred by other 
        congressional direction;
          (C) the Arrow missile has successfully completed a 
        flight test in which it intercepted a target missile 
        under realistic test conditions; and
          (D) the government of Israel is continuing, in 
        accordance with its previous public commitments, to 
        adhere to export controls pursuant to the Guidelines 
        and Annex of the Missile Technology Control Regime.
    (e) Sense of Congress on Expediting Test Program.--It is 
the sense of Congress that, in order to expedite the test 
program for the Arrow missile, the United States should seek to 
initiate with the government of Israel discussions on the 
agreement referred to in subsection (d)(2)(A) without waiting 
for the condition specified in subsection (d)(2)(C) to be met 
first.

SEC. 239. REPORT ON ARROW TACTICAL ANTI-MISSILE PROGRAM.

    (a) Report Required.--Not later than April 1, 1994, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the Arrow Tactical Anti-Missile program. 
The Secretary shall design the report to provide those 
committees with the information they need in order to perform 
their oversight function. The Secretary shall obtain the 
information for the report from actual program data to which 
the United States Government has access, to the extent 
possible, or, if necessary, from the best estimates available 
to the United States Government.
    (b) Content of Report.--The report shall include (at a 
minimum) the following:
          (1) The development and procurement schedules for the 
        program.
          (2) The estimated annual and total cost of the 
        program.
          (3) The estimated total cost to the United States of 
        involvement in the program, including funding provided 
        through foreign military sales financing under the Arms 
        Export Control Act.
          (4) A detailed description of the contract types and 
        cost estimating data for the program.
          (5) An assessment of the performance of the Arrow 
        interceptor and the Arrow system.
          (6) An evaluation of the development and production 
        risks under the program.
          (7) Alternatives to the Arrow interceptor and Arrow 
        system for meeting the tactical ballistic missile 
        defense needs of Israel, including providing Israel 
        with an existing or planned United States weapon 
        system.
          (8) For each such alternative--
                  (A) an assessment of the cost effectiveness 
                of undertaking the alternative;
                  (B) the technology transfer implications; and
                  (C) the weapon proliferation implications.
    (c) Form of Report.--The Secretary shall submit the report 
in classified and unclassified versions.
    (d) Construction of Section.--Nothing in this section shall 
be construed to endorse United States participation in any 
aspect of the Arrow program beyond the research and development 
programs authorized by law.
          * * * * * * *

SEC. 241. CLEMENTINE SATELLITE PROGRAM.

    (a) Finding.--The Congress finds that the program of the 
Ballistic Missile Defense Organization that is known as the 
``Clementine'' program, consisting of a satellite space project 
that will, among other matters, provide valuable information 
about asteroids in the vicinity of Earth, represents an 
important opportunity for transfer of Department of Defense 
technology for civilian purposes and should be supported.
    (b) Congressional Views.--The Congress urges the Secretary 
of Defense--
          (1) to identify an appropriate management structure 
        within either the Advanced Research Projects Agency or 
        one of the military departments to which the Clementine 
        program and related programs of general applicability 
        to civilian, commercial, and military space programs 
        might be transferred; and
          (2) to consider funding for the Clementine program to 
        be a priority within whatever agency or department is 
        identified as described in paragraph (1) and to provide 
        funds for that program at an appropriate level.
---------------------------------------------------------------------------
    \8\Formerly at 10 U.S.C. 2431 note. Sec. 253(7) of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 
Stat. 235) repealed sec. 242, relating to cooperation of U.S. allies on 
development of tactical and theater missile defenses.
---------------------------------------------------------------------------

SEC. 242.\8\  * * * [Repealed--1996]

SEC. 243.\9\ TRANSFER OF FOLLOW-ON TECHNOLOGY PROGRAMS.

    (a) Management Responsibility.--Except as provided in 
subsection (b), the Secretary of Defense shall provide that 
management and budget responsibility for research and 
development of any program, project, or activity to develop 
far-term follow-on technology relating to ballistic missile 
defense shall be provided through the Defense\10\ Advanced 
Research Projects Agency or the appropriate military 
department.
---------------------------------------------------------------------------
    \9\10 U.S.C. 2431 note.
    \10\Sec. 1073(e)(E) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2658) inserted 
``Defense'' before ``Advanced Research Projects Agency''.
---------------------------------------------------------------------------
    (b) Waiver Authority.--The Secretary may waive the 
provisions of subsection (a) in the case of a particular 
program, project, or activity if the Secretary certifies to the 
congressional defense committees that it is in the national 
security interest of the United States to provide management 
and budget responsibility for that program, project, or 
activity through the Ballistic Missile Defense Organization.
    (c) Report Required.--As a part of the report required by 
section 231(e), the Secretary shall submit to the congressional 
defense committees a report identifying--
          (1) each program, project, and activity with respect 
        to which the Secretary has transferred management and 
        budget responsibility from the Ballistic Missile 
        Defense Organization in accordance with subsection (a);
          (2) the agency or military department to which each 
        such transfer was made; and
          (3) the date on which each such transfer was made.
    (d) Definition.--For the purposes of this section, the term 
``far-term follow-on technology'' means a technology that is 
not incorporated into a ballistic missile defense architecture 
and is not likely to be incorporated within 15 years into a 
weapon system for ballistic missile defense.
    (e) Conforming Amendment.--Section 234 of the Missile 
Defense Act of 1991 is repealed.
          * * * * * * *

                       Subtitle E--Other Matters

          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

          * * * * * * *

SEC. 306. FUNDS FOR CLEARING LANDMINES.

    (a) Limitation.--Of the funds authorized to be appropriated 
in section 301, not more than $10,000,000 shall be available 
for activities to support the clearing of landmines for 
humanitarian purposes (as determined by the Secretary of 
Defense), including the clearing of landmines in areas in which 
refugee repatriation programs are on-going.
    (b) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report on the 
implementation of subsection (a). The report shall specify the 
following:
          (1) The amount of the funds made available under 
        subsection (a) that are to be expended.
          (2) The purposes for which the funds are to be 
        expended.
          (3) The location of the landmine clearing activity.
          (4) Any use of United States military personnel or 
        employees of the Department of Defense in the activity.
          (5) Any use of non-Federal Government organizations 
        in the activity.
          (6) The relationship between the activity and the 
        missions of the Department of Defense.
          * * * * * * *

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

          * * * * * * *

                       Subtitle E--Other Matters

          * * * * * * *

SEC. 843.\11\ REPORTS BY DEFENSE CONTRACTORS OF DEALINGS WITH TERRORIST 
                    COUNTRIES.

    (a) Report Requirement.--(1) Whenever the Secretary of 
Defense proposes to enter into a contract with any person for 
an amount in excess of $5,000,000 for the provision of goods or 
services to the Department of Defense, the Secretary shall 
require that person--
---------------------------------------------------------------------------
    \11\10 U.S.C. 2327 note.
---------------------------------------------------------------------------
          (A) before entering into the contract, to report to 
        the Secretary each commercial transaction which that 
        person has conducted with the government of any 
        terrorist country during the preceding three years or 
        the period since the effective date of this section, 
        whichever is shorter; and
          (B) to report to the Secretary each such commercial 
        transaction which that person conducts during the 
        course of the contract (but not after the date 
        specified in subsection (h)) with the government of any 
        terrorist country.
    (2) The requirement contained in paragraph (1)(B) shall be 
included in the contract with the Department of Defense.
    (b) Regulations.--The Secretary of Defense shall prescribe 
such regulations as may be necessary to carry out this section.
    (c) Annual Report to Congress.--The Secretary of Defense 
shall submit to the Congress each year by December 1 a report 
setting forth those persons conducting commercial transactions 
with terrorist countries that are included in the reports made 
pursuant to subsection (a) during the preceding fiscal year, 
the terrorist countries with which those transactions were 
conducted, and the nature of those transactions. The version of 
the report made available for public release shall exclude 
information exempt from public disclosure under section 552 of 
title 5, United States Code (commonly known as the Freedom of 
Information Act).
    (d) Liability.--This section shall not be interpreted as 
imposing any liability on a person for failure to comply with 
the reporting requirement of subsection (a) if the failure to 
comply is caused solely by an act or omission of a third party.
    (e) Person Defined.--For purposes of this section, the term 
``person'' means a corporate or other business entity proposing 
to enter or entering into a contract covered by this section. 
The term does not include an affiliate or subsidiary of the 
entity.
    (f) Terrorist Country Defined.--A country shall be 
considered to be a terrorist country for purposes of a contract 
covered by this section if the Secretary of State has 
determined pursuant to law, as of the date that is 60 days 
before the date on which the contract is signed, that the 
government of that country is a government that has repeatedly 
provided support for acts of international terrorism.
    (g) Effective Date.--This section shall apply with respect 
to contracts entered into after the expiration of the 90-day 
period beginning on the date of the enactment of this Act, or 
after the expiration of the 30-day period beginning on the date 
of publication in the Federal Register of the final regulations 
referred to in subsection (b), whichever is earlier.
    (h) Termination.--This section expires on September 30, 
1996.
          * * * * * * *

                      TITLE XI--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

SEC. 1101. TRANSFER AUTHORITY.

    (a) Authority To Transfer Authorizations.--(1) Upon 
determination by the Secretary of Defense that such action is 
necessary in the national interest, the Secretary may transfer 
amounts of authorizations made available to the Department of 
Defense in this division for fiscal year 1994 between any such 
authorizations for that fiscal year (or any subdivisions 
thereof). Amounts of authorizations so transferred shall be 
merged with and be available for the same purposes as the 
authorization to which transferred.
    (2) The total amount of authorizations that the Secretary 
of Defense may transfer under the authority of this section may 
not exceed $2,000,000,000.
    (b) Limitations.--The authority provided by this section to 
transfer authorizations--
          (1) may only be used to provide authority for items 
        that have a higher priority than the items from which 
        authority is transferred; and
          (2) may not be used to provide authority for an item 
        that has been denied authorization by Congress.
    (c) Effect on Authorization Amounts.--A transfer made from 
one account to another under the authority of this section 
shall be deemed to increase the amount authorized for the 
account to which the amount is transferred by an amount equal 
to the amount transferred.
    (d) Notice to Congress.--The Secretary of Defense shall 
promptly notify Congress of transfers made under the authority 
of this section.
          * * * * * * *

SEC. 1108. FUNDING STRUCTURE FOR CONTINGENCY OPERATIONS.

    (a)\12\ * * *
---------------------------------------------------------------------------
    \12\Sec. 1108(a)(1) added a new sec. 127a to 10 U.S.C., relating to 
expenses for contingency operations.
---------------------------------------------------------------------------
    (b) First Year Funding.--There is hereby authorized to be 
appropriated for fiscal year 1994 to the fund established under 
section 127a(e) of title 10, United States Code, as added by 
subsection (a), the sum of $10,000,000.\13\
---------------------------------------------------------------------------
    \13\Sec. 127a(e), 10 U.S.C., as added by subsec. (a) of this 
section, established a Department of Defense reserve fund, known as the 
``National Contingency Operation Personnel Fund'', to make funds 
available for ``incremental military personnel costs attributable to a 
National Contingency Operation.''.
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           Subtitle B--Fiscal Year 1993 Authorization Matters

          * * * * * * *

SEC. 1113. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
                    1993.

    (a) Authorization of Supplemental appropriations.--There is 
authorized to be appropriated for fiscal year 1993 for covering 
the incremental costs arising from Operation Restore Hope, 
Operation Provide Comfort, and Operation Southern Watch, and 
deficiencies in funding of the Civilian Health and Medical 
Program of the Uniformed Services (CHAMPUS), and for repairing 
flood damage at Camp Pendleton, California, $1,246,928 as 
follows: * * *
          (2) For Operation and Maintenance: * * *
                  (G) For Humanitarian Assistance, $23,000,000.
    (b) * * *

                  Subtitle C--Counter-Drug Activities

SEC. 1121. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG ACTIVITIES OF 
                    OTHER AGENCIES.

    (a)-(b) * * *
    (c) Funding of Support Activities.--Of the amount 
authorized to be appropriated for fiscal year 1994 under 
section 301(15) for operation and maintenance with respect to 
drug interdiction and counter-drug activities, $40,000,000 
shall be available to the Secretary of Defense for the purposes 
of carrying out section 1004 of the National Defense 
Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note).
          * * * * * * *

   Subtitle G--Congressional Findings, Policies, Commendations, and 
                             Commemorations

          * * * * * * *

SEC. 1163. SENSE OF CONGRESS REGARDING UNITED STATES POLICY ON 
                    PLUTONIUM.

    (a) Finding.--The Congress finds that reprocessing spent 
nuclear fuel referred to in subsection (c) to recover plutonium 
may pose serious environmental hazards and increase the risk of 
proliferation of weapons-usable plutonium.
    (b) Sense of Congress.--It is the sense of the Congress 
that the President should take action to encourage the 
reduction or cessation of the reprocessing of spent nuclear 
fuel referred to in subsection (c) to recover plutonium until 
the environmental and proliferation concerns related to such 
reprocessing are resolved.
    (c) Covered Spent Nuclear Fuel.--The spent nuclear fuel 
referred to in subsections (a) and (b) is spent nuclear fuel 
used in a commercial nuclear power reactor by the Government of 
a foreign country or by a foreign-owned or foreign-controlled 
entity.

SEC. 1164. SENSE OF SENATE ON ENTRY INTO THE UNITED STATES OF CERTAIN 
                    FORMER MEMBERS OF THE IRAQI ARMED FORCES.

    It is the sense of the Senate that no person who was a 
member of the armed forces of Iraq during the period from 
August 2, 1990, through February 28, 1991, and who is in a 
refugee camp in Saudi Arabia as of the date of enactment of 
this Act should be granted entry into the United States under 
the Immigration and Nationality Act unless the President 
certifies to Congress before such entry that such person--
          (1) assisted the United States or coalition armed 
        forces after defection from the armed forces of Iraq or 
        after capture by the United States or coalition armed 
        forces; and
          (2) did not commit or assist in the commission of war 
        crimes.
          * * * * * * *

                       Subtitle H--Other Matters

          * * * * * * *

SEC. 1186. EXPORT LOAN GUARANTEES.

    (a) Authority to Provide Loan Guarantees.--Subject to 
subsection (b) and subject to the availability of 
appropriations for this purpose, the President may carry out a 
program to issue guarantees during fiscal year 1994 against the 
risk of nonpayment arising out of loan financing of the sale of 
defense articles and defense services to any member nation of 
the North Atlantic Treaty Organization (other than the United 
States), Israel, Australia, Japan, or the Republic of Korea. 
The aggregate amount guaranteed under this section in such 
fiscal year may not exceed $1,000,000,000.
    (b) Certification of Intent to Use Authority.--The 
President may not issue guarantees under the loan guarantee 
program unless, not later than the end of the 180-day period 
beginning on the date of the enactment of this Act, the 
President certifies to Congress that--
          (1) the President intends to issue loan guarantees 
        under the loan guarantee program;
          (2) the exercise of the authority provided under the 
        program is consistent with the objectives of the Arms 
        Export Control Act (22 U.S.C. 2751 et seq.); and
          (3) the exercise of the authority provided under the 
        program is consistent with the policy of the United 
        States regarding conventional arms sales and 
        nonproliferation goals.
    (c) Prohibition on Use of Certain Funds.--None of the funds 
authorized to be appropriated in this Act and made available 
for defense conversion, reinvestment, and transition assistance 
programs (as defined in section 1302(c)) may be used to finance 
the subsidy cost of loan guarantees issued under this section.
    (d) Terms and Conditions.--(1) In issuing guarantees under 
the loan guarantee program for medium- and long-term loans for 
sales of defense articles or defense services, the President 
may not offer terms and conditions more beneficial than would 
be provided by the Export-Import Bank of the United States 
under similar circumstances in conjunction with the provision 
of guarantees for nondefense articles and services.
    (2) The issuance of loan guarantees for exports under the 
loan guarantee program shall be subject to all United States 
Government review procedures for arms sales to foreign 
governments and shall be consistent with United States policy 
on arms sales to those nations referred to in subsection (a).
    (e) Subsidy Cost and Funding.--(1) There is authorized to 
be appropriated for fiscal year 1994, $25,000,000 for the 
subsidy cost of the loan guarantees issued under this section.
    (2) Funds authorized to be available for the Export-Import 
Bank of the United States may not be used for the execution of 
the loan guarantee program.
    (f) Executive Agency.--The Department of Defense shall be 
the executive agency responsible for administration of the loan 
guarantee program unless the President, in consultation with 
Congress, designates another department or agency to implement 
the program. Applications for guarantees issued under this 
section shall be submitted to the Secretary of Defense, who may 
make such arrangements as are necessary with other departments 
or agencies to process the applications and otherwise to 
implement the loan guarantee program.
    (g) Fees Charged and Collected.--A fee shall be charged for 
each guarantee issued under the loan guarantee program. All 
fees collected in connection with guarantees issued under the 
program under this section shall be available to offset the 
cost of guarantee obligations under the program. All of the 
fees collected under this subsection, together with earnings on 
those fees and other income arising from guarantee operations 
under the program, shall be held in a financing 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 of the program.
    (h) National Security Council Review Process.--In addition 
to the interagency review process for arms sales to foreign 
governments referred to in subsection (d)(2), the National 
Security Council shall review each proposed sale for which a 
guarantee is proposed to be issued under the loan guarantee 
program to determine whether the sale is in accord with United 
States security interests, that it contributes to collective 
defense burden sharing, and that it is consistent with United 
States nonproliferation goals.
    (i) Definitions.--For purposes of this section, the terms 
``defense article'', ``defense service'', and ``defense 
articles and defense services'' have the meanings given those 
terms in section 47 of the Arms Export Control Act (22 U.S.C. 
2794).

 TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET 
                               UNION\14\

          * * * * * * *
---------------------------------------------------------------------------
    \14\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. F.
---------------------------------------------------------------------------

TITLE XIII--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE

SEC. 1301.\15\ SHORT TITLE.

    This title may be cited as the ``Defense Conversion, 
Reinvestment, and Transition Assistance Amendments of 1993''.
---------------------------------------------------------------------------
    \15\10 U.S.C. 2491 note.
---------------------------------------------------------------------------
          * * * * * * *

              Subtitle D--National Shipbuilding Initiative

SEC. 1351.\16\ SHORT TITLE.

    This subtitle may be cited as the ``National Shipbuilding 
and Shipyard Conversion Act of 1993''.
---------------------------------------------------------------------------
    \16\10 U.S.C. 2501 note.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1355. AUTHORITY FOR SECRETARY OF TRANSPORTATION TO MAKE LOAN 
                    GUARANTEES.

    (a)\17\ In General.--Title XI of the Merchant Marine Act, 
1936, is further amended by adding at the end the following new 
section: * * *
---------------------------------------------------------------------------
    \17\Sec. 1355(a) added a new sec. 1111 to the Merchant Marine Act, 
1936, relating to the ``Authority To Guarantee Obligations for Eligible 
Export Vessels''.
---------------------------------------------------------------------------
    (b)\18\ Implementation.--
---------------------------------------------------------------------------
    \18\46 U.S.C. app. 1279d note.
---------------------------------------------------------------------------
          (1) Initial designation of council members.--Each 
        member of the council established under section 1111(b) 
        of the Merchant Marine Act, 1936, as added by 
        subsection (a), shall name a designee for service on 
        the council not later than 30 days after the date of 
        the enactment of this Act. Each such member shall 
        promptly notify the Secretary of Transportation of that 
        designation.
          (2) Designation of senior marad official.--Not later 
        than 30 days after the date of the enactment of this 
        Act, the Secretary of Transportation shall designate a 
        senior official within the Maritime Administration to 
        have the responsibility and authority to carry out the 
        terms and conditions set forth under section 1111 of 
        title XI the Merchant Marine Act, 1936, as added by 
        subsection (a). The Secretary shall make the 
        designation of that official known through a public 
        announcement in a national periodical.
          * * * * * * *

        TITLE XIV--MATTERS RELATING TO ALLIES AND OTHER NATIONS

                   Subtitle A--Defense Burden Sharing

SEC. 1401. DEFENSE BURDENS AND RESPONSIBILITIES.

    (a) Findings.--Congress makes the following findings:
          (1) Since fiscal year 1985, the budget of the 
        Department of Defense has declined by 34 percent in 
        constant fiscal year 1985 dollars.
          (2) During the past few years, the United States 
        military presence overseas has declined significantly 
        in the following ways:
                  (A) Since fiscal year 1986, the number of 
                United States military personnel permanently 
                stationed overseas has declined by almost 
                200,000.
                  (B) From fiscal year 1989 to fiscal year 
                1994, spending by the United States to support 
                the stationing of United States military forces 
                overseas will have declined by 36 percent.
                  (C) Since January 1990, the Department of 
                Defense has announced the closure, reduction, 
                or transfer to standby status of 840 United 
                States military facilities overseas, which is 
                approximately a 50 percent reduction in the 
                number of such facilities.
          (3) The United States military presence overseas will 
        continue to decline as a result of actions by the 
        executive branch and as a result of the following 
        provisions of law:
                  (A) Section 1302 of the National Defense 
                Authorization Act for Fiscal Year 1993, which 
                requires a 40 percent reduction by September 
                30, 1996, in the number of United States 
                military personnel permanently stationed ashore 
                in overseas locations.
                  (B) Section 1303 of the National Defense 
                Authorization Act for Fiscal Year 1993, which 
                provides that no more than 100,000 United 
                States military personnel may be permanently 
                stationed ashore in NATO member countries after 
                September 30, 1996.
                  (C) Section 1301 of the National Defense 
                Authorization Act for Fiscal Year 1993, which 
                reduced the spending proposed by the Department 
                of Defense for overseas basing activities 
                during fiscal year 1993 by $500,000,000.
                  (D) Sections 913 and 915 of the National 
                Defense Authorization Act for Fiscal Years 1990 
                and 1991, which directed the President to 
                develop a plan to gradually reduce the United 
                States military force structure in East Asia.
          (4) The East Asia Strategy Initiative, which was 
        developed in response to sections 913 and 915 of the 
        National Defense Authorization Act for Fiscal Years 
        1990 and 1991, has resulted in the withdrawal of 12,000 
        United States military personnel from Japan and the 
        Republic of Korea since fiscal year 1990.
          (5) In response to actions by the executive branch 
        and the Congress, allied countries in which United 
        States military personnel are stationed and alliances 
        in which the United States participates have agreed to 
        reduce the costs incurred by the United States in 
        basing military forces overseas in the following ways:
                  (A) Under the 1991 Special Measures Agreement 
                between Japan and the United States, Japan will 
                pay by 1995 almost all yen-denominated costs of 
                stationing United States military personnel in 
                Japan.
                  (B) The Republic of Korea has agreed to pay 
                by 1995 one-third of the won-based costs 
                incurred by the United States in stationing 
                United States military personnel in the 
                Republic of Korea.
                  (C) The North Atlantic Treaty Organization 
                (NATO) has agreed that the NATO Infrastructure 
                Program will adapt to support post-Cold War 
                strategy and could pay the annual operation and 
                maintenance costs of facilities in Europe and 
                the United States that would support the 
                reinforcement of Europe by United States 
                military forces and the participation of United 
                States military forces in peacekeeping and 
                conflict prevention operations.
                  (D) Such allied countries and alliances have 
                agreed to share more fully the responsibilities 
                and burdens of providing for mutual security 
                and stability through steps such as the 
                following:
                          (i) The Republic of Korea has assumed 
                        the leadership role regarding ground 
                        combat forces for the defense of the 
                        Republic of Korea.
                          (ii) NATO has adopted the new mission 
                        of conducting peacekeeping operations 
                        and is, for example, providing land, 
                        sea, and air forces for United Nations 
                        efforts in the former Yugoslavia.
                          (iii) The countries of western Europe 
                        are contributing substantially to the 
                        development of democracy, stability, 
                        and open market societies in eastern 
                        Europe and the former Soviet Union.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the forward presence of United States military 
        personnel stationed overseas continues to be important 
        to United States security interests;
          (2) that forward presence facilitates efforts to 
        pursue United States security interests on a collective 
        basis rather than pursuing them on a far more costly 
        unilateral basis or receding into isolationism;
          (3) the bilateral and multilateral arrangements and 
        alliances in which that forward presence plays a part 
        must be further adapted to the security environment of 
        the post-Cold War period;
          (4) the cost-sharing percentages for the NATO 
        Infrastructure Program should be reviewed with the aim 
        of reflecting current economic, political, and military 
        realities and thus reducing the United States cost-
        sharing percentage; and
          (5) the amounts obligated to conduct United States 
        overseas basing activities should decline significantly 
        in fiscal year 1994 and in future fiscal years as--
                  (A) the number of United States military 
                personnel stationed overseas continues to 
                decline; and
                  (B) the countries in which United States 
                military personnel are stationed and the 
                alliances in which the United States 
                participates assume an increased share of 
                United States overseas basing costs.
    (c)\19\ Reducing United States Overseas Basing Costs.--(1) 
In order to achieve additional savings in overseas basing 
costs, the President should--
---------------------------------------------------------------------------
    \19\Sec. 1304(a) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2890) provided the 
following:
    ``(a) Goal for Allied Contributions.--In continuing efforts to 
enter into revised host-nation agreements as described in section 
1301(e) of the National Defense Authorization Act for Fiscal Year 1993 
(Public Law 102-484; 106 Stat. 2545) and section 1401(c) of the 
National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1824), the President shall seek to have European 
member nations of NATO assume an increased share of the nonpersonnel 
costs for United States military installations in those nations so that 
by September 30, 1996, those nations have assumed 37.5 percent of such 
costs.''.
---------------------------------------------------------------------------
          (A) continue with the reductions in United States 
        military presence overseas as required by sections 1302 
        and 1303 of the National Defense Authorization Act for 
        Fiscal Year 1993; and
          (B) intensify efforts to negotiate a more favorable 
        host-nation agreement with each foreign country to 
        which this paragraph applies under paragraph (3)(A).
    (2) For purposes of paragraph (1)(B), a more favorable 
host-nation agreement is an agreement under which such foreign 
country--
          (A) assumes an increased share of the costs of United 
        States military installations in that country, 
        including the costs of--
                  (i) labor, utilities, and services;
                  (ii) military construction projects and real 
                property maintenance;
                  (iii) leasing requirements associated with 
                the United States military presence; and
                  (iv) actions necessary to meet local 
                environmental standards;
          (B) relieves the United States of all tax liability 
        that, with respect to forces located in that country, 
        is incurred by the Armed Forces of the United States 
        under the laws of that country and the laws of the 
        community where those forces are located; and
          (C) ensures that goods and services furnished in that 
        country to the Armed Forces of the United States are 
        provided at minimum cost and without imposition of user 
        fees.
    (3)(A) Except as provided in subparagraph (B), paragraph 
(1)(B) applies with respect to--
          (i) each country of the North Atlantic Treaty 
        Organization (other than the United States); and
          (ii) each other foreign country with which the United 
        States has a bilateral or multilateral defense 
        agreement that provides for the assignment of combat 
        units of the Armed Forces of the United States to 
        permanent duty in that country or the placement of 
        combat equipment of the United States in that country.
    (B) Paragraph (1) does not apply with respect to--
          (i) a foreign country that receives assistance under 
        section 23 of the Arms Export Control Act (22 U.S.C. 
        2763) (relating to the foreign military financing 
        program) or under the provisions of chapter 4 of part 
        II of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2346 et seq.); or
          (ii) a foreign country that has agreed to assume, not 
        later than September 30, 1996, at least 75 percent of 
        the nonpersonnel costs of United States military 
        installations in the country.
    (d) Obligational Limitation.--(1) The total amount 
appropriated to the Department of Defense for Military 
Personnel, for Operation and Maintenance, and for military 
construction (including construction and improvement of 
military family housing) that is obligated to conduct overseas 
basing activities during fiscal year 1994 may not exceed 
$16,915,400,000 (such amount being the amount appropriated for 
such purposes for fiscal year 1993 reduced by $3,300,000,000), 
except to the extent provided by the Secretary of Defense under 
paragraph (3).
    (2) For purposes of this subsection, the term ``overseas 
basing activities'' means the activities of the Department of 
Defense for which funds are provided through appropriations for 
Military Personnel, for Operation and Maintenance (including 
appropriations for family housing operations), and for military 
construction (including construction and improvement of 
military family housing) for the payment of costs for 
Department of Defense overseas military units and the costs for 
all dependents who accompany Department of Defense personnel 
outside the United States.
    (3) The Secretary of Defense may increase the amount of the 
limitation under paragraph (1) by such amount or amounts as the 
Secretary determines to be necessary in the national interest, 
but not to exceed a total increase of $582,700,000. The 
Secretary may not increase the amount of such limitation under 
the preceding sentence until the Secretary provides notice to 
Congress of the Secretary's intent to authorize such an 
increase and a period of 15 days elapses after the day on which 
such notice is provided.
    (e) Allocations of Savings.--Any amounts appropriated to 
the Department of Defense for fiscal year 1994 for the purposes 
covered by subsection (d)(1) that are not available to be used 
for those purposes by reason of the limitation in that 
subsection shall be allocated by the Secretary of Defense for 
operation and maintenance and for military construction 
activities of the Department of Defense at military 
installations and facilities located inside the United States.

SEC. 1402.\20\ BURDEN SHARING CONTRIBUTIONS FROM DESIGNATED COUNTRIES 
                    AND REGIONAL ORGANIZATIONS. * * *
---------------------------------------------------------------------------

    \20\Sec. 1402 inserted a revised version of section 1045 of the 
National Defense Authorization Act for Fiscal Years 1992 and 1993 
(Public Law 102-190; 105 Stat. 1465), into 10 U.S.C. as section 2350j, 
titled ``Burden sharing contributions by designated countries and 
regional organizations''.
---------------------------------------------------------------------------

             Subtitle B--North Atlantic Treaty Organization

SEC. 1411. FINDINGS, SENSE OF CONGRESS, AND REPORT REQUIREMENT 
                    CONCERNING NORTH ATLANTIC TREATY ORGANIZATION.

    (a) Findings.--The Congress makes the following findings:
          (1) The North Atlantic Treaty Organization (NATO) has 
        successfully met the challenge of helping to maintain 
        the peace, security, and freedom of the United States 
        and its NATO allies for more than 40 years.
          (2) The national security interests of the United 
        States have been well served by the process of 
        consultation, coordination, and military cooperation in 
        the NATO framework.
          (3) Recent history has witnessed radical changes in 
        the international security environment, including the 
        fall of the Berlin Wall, the unification of Germany, 
        the disbanding of the Warsaw Pact and the 
        disintegration of the Soviet Union.
          (4) The military threats which NATO was established 
        to deter have greatly diminished with the end of the 
        Cold War.
          (5) The post-Cold War security situation continues to 
        present a wide array of challenges to United States 
        national interests, many of which interests the United 
        States shares with its allies in Europe and Canada.
          (6) The international community may prove capable of 
        deterring many threats to the common peace if it can 
        respond decisively to aggression.
          (7) The United States must share the responsibilities 
        and the burdens of pursuing international security and 
        stability with other nations.
          (8) Several of the newly democratic nations of 
        Central and Eastern Europe and the former Soviet Union 
        have expressed interest in seeking membership in NATO.
          (9) Many of the security challenges facing the post-
        Cold War world would be best handled through coherent 
        multilateral responses.
          (10) The United States should never send its military 
        forces into combat unless they are provided with the 
        best opportunity to accomplish their objectives with as 
        little risk as possible.
          (11) Military interventions against antagonistic 
        armed forces cannot be conducted safely or effectively 
        on a multilateral basis unless such operations are 
        jointly planned in advance and are executed by units 
        which have trained together and are familiar with each 
        others' operational procedures.
          (12) NATO is currently the only organization with the 
        experience, trained staff, and infrastructure necessary 
        to support military cooperation with the major military 
        allies of the United States.
          (13) The NATO allies already have volunteered to 
        consider requests from the United Nations and the 
        Conference on Security and Cooperation in Europe for 
        assistance in maintaining the peace.
          (14) Justification of the relevance of NATO in the 
        post-Cold War world will depend largely upon the 
        alliance's ability to adapt its mission, area of 
        responsibility, and procedures to the new security 
        environment.
          (15) Justification of future United States support 
        for the alliance and for a United States military 
        presence in Europe will depend upon NATO's ability to 
        address those security interests which the United 
        States shares with its allies in Europe and Canada.
          (16) The meeting of the NATO heads of state scheduled 
        for January 1994, presents an excellent opportunity for 
        the President to articulate a new, broader security 
        mission for the alliance in the post-Cold War world, 
        one which will enable it to address a wider array of 
        threats to its members' interests and which will help 
        to share more effectively the burden of international 
        security requirements.
    (b) Sense of Congress.--It is the sense of the Congress 
that--
          (1) old threats to the security of the United States 
        and its allies in the North Atlantic Treaty 
        Organization having greatly diminished, and new, more 
        diverse challenges having arisen (including ethno-
        religious conflict in Central and Eastern Europe and 
        the former Soviet Union and the proliferation of 
        weapons of mass destruction in regions proximate to 
        alliance territory), NATO's mission must be redefined 
        so that it may respond to such challenges to its 
        members' security even when those challenges emanate 
        from beyond the geographic boundaries of its members' 
        territories;
          (2) NATO should review its consultative mechanisms in 
        order to maximize its ability to marshal political, 
        diplomatic, social, and economic solidarity, buttressed 
        by credible military capability, and to bring the full 
        weight and scope of its cooperative efforts to bear in 
        addressing the new challenges; and
          (3) future United States military involvement in, and 
        contributions to, NATO should be determined in relation 
        to the alliance's success or failure in adapting itself 
        to confronting the challenges of the post-Cold War 
        world.
    (c) Report.--Not later than 30 days after the date of the 
enactment of this Act, the President shall transmit a report to 
the Committee on Armed Services and the Committee on Foreign 
Relations of the Senate and the Committee on Armed Services and 
the Committee on Foreign Affairs of the House of 
Representatives.\21\ The report shall contain recommendations 
on the following:
---------------------------------------------------------------------------
    \21\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. Sec. 1(a)(5) of that 
Act provides that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------
          (1) The manner in which NATO can formulate and 
        implement a strategy to address the new, more disparate 
        threats to the security of its members.
          (2) The manner in which NATO should continue to adapt 
        its consultative process, including efforts to extend 
        that process to the new democracies of Central and 
        Eastern Europe and the former Soviet Union, so as to 
        enhance its political, diplomatic, social, economic, 
        and military efforts to project stability eastward and 
        maximize its capabilities in crisis prevention and 
        crisis management.
          (3) The feasibility of having NATO conduct security 
        operations beyond the geographic boundaries of the 
        alliance.
          (4) The manner in which NATO should restructure its 
        forces, training and equipment for the new security 
        environment, including with regard to multinational 
        peacekeeping activities.
          (5) The desirability of expanding the alliance to 
        include traditionally neutral nations or the new 
        democratic nations of Central and Eastern Europe and 
        the former Soviet Union that wish to join NATO.
          (6) The proper size and composition of United States 
        forces to be deployed in Europe to assist in the 
        implementation of NATO's new mandate and possible 
        reduction in United States military deployments in 
        Europe in the event of the alliance's failure to adopt 
        a new mandate.
          (7) The structure and organization of NATO 
        headquarters, with particular attention to the need to 
        reinvigorate the NATO Military Committee.
          (8) The extent to which NATO liaison teams should be 
        assigned to the United Nations and the Conference on 
        Security and Cooperation in Europe so as to facilitate 
        better coordination among these organizations, 
        especially in regard to crisis prevention and crisis 
        management.
          (9) The desirability of having additional NATO forces 
        train in North America in a manner supportive of NATO's 
        proposed new strategy.
          (10) The structure of NATO's military command, with 
        particular attention to the need to make NATO's Rapid 
        Reaction Force a credible deterrent to regional 
        aggression.
          (11) The levels of United States, European, and 
        Canadian defense budgets and their ability to finance 
        forces consistent with the implementation of NATO's new 
        mandate.

SEC. 1412. MODIFICATION OF CERTAIN REPORT REQUIREMENTS.

    (a)-(b) * * *
    (c) Finding and Sense of Congress.--(1) The Congress finds 
that the Secretary of Defense did not submit to Congress in a 
timely manner the report on allied contributions to the common 
defense required under section 1003(c) of the National Defense 
Authorization Act, 1985 (Public Law 98-525; 22 U.S.C. 1928 
note), to be submitted not later than April 1, 1993.
    (2) It is the sense of Congress that the timely submission 
of such report to Congress each year is essential to the 
deliberation by Congress concerning the annual defense program.
          * * * * * * *

SEC. 1422. REPORT ON EFFECT OF INCREASED USE OF DUAL-USE TECHNOLOGIES 
                    ON ABILITY TO CONTROL EXPORTS.

    (a) Report Requirement.--Not later than six months after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report assessing what effect the 
increased use of dual-use and commercial technologies and items 
by the Department of Defense could have on the ability of the 
United States to control adequately the export of sensitive 
dual-use and military technologies and items to nations to whom 
the receipt of such technologies is contrary to United States 
national security interests.
    (b) Effect on Defense Programs.--The report required by 
subsection (a) shall include--
          (1) an assessment of the national security 
        implications of any lowering of licensing controls on 
        the export of dual-use items and technology, to include 
        an assessment of the effect such lowering of controls 
        could have on operational United States defense 
        programs and capabilities and planned United States 
        defense programs and capabilities;
          (2) a description of the steps the Secretary of 
        Defense intends to take to ensure that any decontrol of 
        dual-use items and technology does not place at risk 
        the technology and defense capability lead that the 
        United States currently enjoys; and
          (3) a description of the steps the Department of 
        Defense intends to take to mitigate any possible 
        increase in the proliferation threat resulting from 
        decontrol of dual-use items and technology.
    (c) Consultation.--The report required by subsection (a) 
shall be prepared in consultation with the Director of Central 
Intelligence.

SEC. 1423. EXTENSION OF LANDMINE EXPORT MORATORIUM.

    (a) Findings.--The Congress makes the following findings:
          (1) Anti-personnel landmines, which are designed to 
        maim and kill people, have been used indiscriminately 
        in dramatically increasing numbers around the world. 
        Hundreds of thousands of noncombatant civilians, 
        including children, have been the primary victims. 
        Unlike other military weapons, landmines often remain 
        implanted and undiscovered after conflict has ended, 
        causing massive suffering to civilian populations.
          (2) Tens of millions of landmines have been strewn in 
        at least 62 countries, often making whole areas 
        uninhabitable. The Department of State estimates that 
        there are more than 10,000,000 landmines in 
        Afghanistan, 9,000,000 in Angola, 4,000,000 in 
        Cambodia, 3,000,000 in Iraqi Kurdistan, and 2,000,000 
        each in Somalia, Mozambique, and the former Yugoslavia. 
        Hundreds of thousands of landmines were used in 
        conflicts in Central America in the 1980s.
          (3) Advanced technologies are being used to 
        manufacture sophisticated mines which can be scattered 
        remotely at a rate of 1,000 per hour. These mines, 
        which are being produced by many industrialized 
        countries, were found in Iraqi arsenals after the 
        Persian Gulf War.
          (4) At least 300 types of anti-personnel landmines 
        have been manufactured by at least 44 countries, 
        including the United States. However, the United States 
        is not a major exporter of landmines. During the 10 
        years from 1983 through 1992, the United States 
        approved 10 licenses for the commercial export of anti-
        personnel landmines with a total value of $980,000 and 
        the sale under the Foreign Military Sales program of 
        108,852 anti-personnel landmines.
          (5) The United States signed, but has not ratified, 
        the 1980 Convention on Prohibitions or Restrictions on 
        the Use of Certain Conventional Weapons Which May Be 
        Deemed To Be Excessively Injurious or To Have 
        Indiscriminate Effects. Protocol II of the Convention, 
        otherwise known as the Landmine Protocol, prohibits the 
        indiscriminate use of landmines.
          (6) When it signed the 1980 Convention, the United 
        States stated: ``We believe that the Convention 
        represents a positive step forward in efforts to 
        minimize injury or damage to the civilian population in 
        time of armed conflict. Our signature of the Convention 
        reflects the general willingness of the United States 
        to adopt practical and reasonable provisions concerning 
        the conduct of military operations, for the purpose of 
        protecting noncombatants.''.
          (7) The United States also indicated that it had 
        supported procedures to enforce compliance, which were 
        omitted from the Convention's final draft. The United 
        States stated: ``The United States strongly supported 
        proposals by other countries during the Conference to 
        include special procedures for dealing with compliance 
        matters, and reserves the right to propose at a later 
        date additional procedures and remedies, should this 
        prove necessary, to deal with such problems.''.
          (8) The lack of compliance procedures and other 
        weaknesses have significantly undermined the 
        effectiveness of the Landmine Protocol. Since it 
        entered into force on December 2, 1983, the number of 
        civilians maimed and killed by anti-personnel landmines 
        has multiplied.
          (9) Since October 23, 1992, when a one-year 
        moratorium on sales, transfers, and exports by the 
        United States of anti-personnel landmines was enacted 
        into law (in section 1365 of the National Defense 
        Authorization Act for Fiscal Year 1993 (Public Law 102-
        484; 22 U.S.C. 2778 note)), the European Parliament has 
        issued a resolution calling for a five year moratorium 
        on sales, transfers, and exports of anti-personnel 
        landmines and the Government of France has announced 
        that it has ceased all sales, transfers, and exports of 
        anti-personnel landmines.
          (10) On December 2, 1993, 10 years will have elapsed 
        since the 1980 Convention entered into force, 
        triggering the right of any party to request a United 
        Nations conference to review the Convention. Amendments 
        to the Landmine Protocol may be considered at that 
        time. A formal request has been made to the United 
        Nations Secretary General for a review conference. With 
        necessary preparations and consultations among 
        governments, a review conference is not expected to be 
        convened before late 1994 or early 1995.
          (11) The United States should continue to set an 
        example for other countries in such negotiations by 
        extending the moratorium on sales, transfers, and 
        exports of anti-personnel landmines for an additional 
        three years. A moratorium of that duration would extend 
        the prohibition on the sale, transfer, and export of 
        anti-personnel landmines a sufficient time to take into 
        account the results of a United Nations review 
        conference.
    (b) Statement of Policy.--
          (1) It is the policy of the United States to seek 
        verifiable international agreements prohibiting the 
        sale, transfer or export, and further limiting the 
        manufacture, possession and use, of anti-personnel 
        landmines.
          (2) It is the sense of the Congress that--
                  (A) the President should submit the 1980 
                Convention on Certain Conventional Weapons to 
                the Senate for ratification; and
                  (B) the United States should--
                          (i) participate in a United Nations 
                        conference to review the Landmine 
                        Protocol; and
                          (ii) actively seek to negotiate under 
                        United Nations auspices a modification 
                        of the Landmine Protocol, or another 
                        international agreement, to prohibit 
                        the sale, transfer, or export of anti-
                        personnel landmines and to further 
                        limit the manufacture, possession, and 
                        use of anti-personnel landmines.
    (c) * * *
    (d) Definition.--(1)\22\ For purposes of this section, the 
term ``anti-personnel landmine'' means any of the following:
---------------------------------------------------------------------------
    \22\Sec. 1401 of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 488) inserted para. 
designation ``(1)''; redesignated paras. (1), (2), and (3) as subparas. 
(A), (B), and (C), and added a new para. (2).
---------------------------------------------------------------------------
          (A)\22\ Any munition placed under, on, or near the 
        ground or other surface area, or delivered by 
        artillery, rocket, mortar, or similar means or dropped 
        from an aircraft and which is designed to be detonated 
        or exploded by the presence, proximity, or contact of a 
        person.
          (B)\22\ Any device or material which is designed, 
        constructed, or adapted to kill or injure and which 
        functions unexpectedly when a person disturbs or 
        approaches an apparently harmless object or performs an 
        apparently safe act.
          (C)\22\ Any manually-emplaced munition or device 
        designed to kill, injure, or damage and which is 
        actuated\23\ automatically after a lapse of time.
---------------------------------------------------------------------------
    \23\Sec. 1401(2) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 488) struck out ``by 
remote control or'' after ``is actuated''.
---------------------------------------------------------------------------
    (2) The term does not include command detonated 
antipersonnel land mines (such as the M18A1 ``Claymore'' mine).

                       Subtitle D--Other Matters

          * * * * * * *

SEC. 1432.\24\ * * * [Repealed--1996]

SEC. 1433.\25\ CONSENT OF CONGRESS TO SERVICE BY RETIRED MEMBERS IN 
                    MILITARY FORCES OF NEWLY DEMOCRATIC NATIONS.

    (a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
    \24\Sec. 1061(n) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 443) repealed sec. 
1432, relating to American diplomatic facilities in Germany.
    \25\10 U.S.C. 1058 note.
---------------------------------------------------------------------------
          (1) It is in the national security interest of the 
        United States to promote democracy throughout the 
        world.
          (2) The armed forces of newly democratic nations 
        often lack the democratic traditions that are a 
        hallmark of the Armed Forces of the United States.
          (3) The understanding of military roles and missions 
        in a democracy is essential for the development and 
        preservation of democratic forms of government.
          (4) The service of retired members of the Armed 
        Forces of the United States in the armed forces of 
        newly democratic nations could lead to a better 
        understanding of military roles and missions in a 
        democracy.
    (b)\26\ Consent of Congress.--(1) Chapter 53 of title 10, 
United States Code, is amended by adding at the end the 
following new section: * * *
---------------------------------------------------------------------------
    \26\Sec. 1433(b) added sec. 1058 to 10 U.S.C., relating to 
``military service of retired members with newly democratic nations: 
consent of Congress''.
---------------------------------------------------------------------------
    (c) Conforming Cross Reference.--* * *
    (d) Effective Date.--Section 1058 of title 10, United 
States Code, as added by subsection (a), shall take effect as 
of January 1, 1993.

SEC. 1434. SEMIANNUAL REPORT ON EFFORTS TO SEEK COMPENSATION FROM 
                    GOVERNMENT OF PERU FOR DEATH AND WOUNDING OF 
                    CERTAIN UNITED STATES SERVICEMEN.

    (a) Findings.--The Congress finds that--
          (1) the United States Government has not made 
        adequate efforts to seek the payment of compensation by 
        the Government of Peru for the death and injuries to 
        United States military personnel resulting from the 
        attack by aircraft of the military forces of Peru on 
        April 24, 1992, against a United States Air Force C-130 
        aircraft operating off the coast of Peru; and
          (2) in failing to make such efforts adequately, the 
        United States Government has failed in its obligation 
        to support the servicemen and their families involved 
        in the incident and generally to support members of the 
        Armed Forces carrying out missions on behalf of the 
        United States.
    (b) Semiannual Report.--Not later than December 1 and June 
1 of each year, the Secretary of Defense shall submit to the 
Committees on Armed Services and Foreign Affairs of the House 
of Representatives\27\ and the Committees on Armed Services and 
Foreign Relations of the Senate a report on the efforts made by 
the Government of the United States during the preceding six-
month period to seek the payment of fair and equitable 
compensation by the Government of Peru (1) to the survivors of 
Master Sergeant Joseph Beard, Jr., United States Air Force, who 
was killed in the attack described in subsection (a), and (2) 
to the other crew members who were wounded in the attack and 
survived.
---------------------------------------------------------------------------
    \27\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. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------
    (c) Termination of Report Requirement.--The requirement in 
subsection (b) shall terminate upon certification by the 
Secretary of Defense to Congress that the Government of Peru 
has paid fair and equitable compensation as described in 
subsection (b).

    TITLE XV--INTERNATIONAL PEACEKEEPING AND HUMANITARIAN ACTIVITIES

                   Subtitle A--Assistance Activities

SEC. 1501. GENERAL AUTHORIZATION OF SUPPORT FOR INTERNATIONAL 
                    PEACEKEEPING ACTIVITIES.

    (a) Authorized Support for Fiscal Year 1994.--The Secretary 
of Defense may provide assistance for international 
peacekeeping activities during fiscal year 1994, in accordance 
with section 403 of title 10, United States Code, in an amount 
not to exceed $300,000,000. Any assistance so provided may be 
derived from funds appropriated to the Department of Defense 
for fiscal year 1994 for operation and maintenance or 
(notwithstanding the second sentence of subsection (b) of that 
section) from balances in working capital funds.
    (b)-(c) * * *

SEC. 1502. REPORT ON MULTINATIONAL PEACEKEEPING AND PEACE ENFORCEMENT.

    (a) Report Required.--Not later than April 1, 1994, the 
President, after seeking the views of the Secretary of State 
and the Secretary of Defense, shall submit to the committees 
specified in subsection (c) a report on United States policy on 
multinational peacekeeping and peace enforcement.
    (b) Content of Report.--The report shall contain a 
comprehensive analysis and discussion of the following matters:
          (1) Criteria for participation by the United States 
        in multinational missions through the United Nations, 
        the North Atlantic Treaty Organization, or other 
        regional alliances and international organizations.
          (2) Proposals for expanding peacekeeping activities 
        by the North Atlantic Treaty Organization and the North 
        Atlantic Cooperation Council, including multinational 
        operations, multinational training, and multinational 
        doctrine development.
          (3) Proposals for establishing regional entities, on 
        an ad hoc basis or a permanent basis, to conduct 
        peacekeeping or peace enforcement operations under a 
        United Nations mandate as an alternative to direct 
        United Nations involvement in such operations.
          (4) A summary of progress made by the United States, 
        in consultation with other nations, to develop doctrine 
        for peacekeeping and peace enforcement operations and 
        plans to conduct exercises with other nations for such 
        purposes.
          (5) Proposals for criteria for determining whether to 
        commence new peacekeeping missions, including, in the 
        case of any such mission, criteria for determining the 
        threat to international peace to be addressed by the 
        mission, the precise objectives of the mission, the 
        costs of the mission, and the proposed endpoint of the 
        mission.
          (6) The principles, criteria, or considerations 
        guiding decisions to place United States forces under 
        foreign command or to decline to put United States 
        forces under foreign command.
          (7) Proposals to establish opportunities within the 
        Armed Forces for voluntary assignment to duty in units 
        designated for assignment to multinational peacekeeping 
        and peace enforcement missions.
          (8) Proposals to modify the budgetary and financial 
        policies of the United Nations for peacekeeping and 
        peace enforcement missions, including--
                  (A) proposals regarding the structure and 
                control of budgetary procedures;
                  (B) proposals regarding United Nations 
                accounting procedures; and
                  (C) specific proposals--
                          (i) to establish a revolving capital 
                        fund to finance the costs of starting 
                        new United Nations operations approved 
                        by the Security Council;
                          (ii) to establish a requirement that 
                        United Nations member nations pay one-
                        third of the anticipated first-year 
                        costs of a new operation immediately 
                        upon Security Council approval of that 
                        operation;
                          (iii) to establish a requirement that 
                        United Nations member nations be 
                        charged interest penalties on late 
                        payment of their assessments for 
                        peacekeeping or peace enforcement 
                        missions;
                          (iv) regarding possible sources of 
                        international revenue for United 
                        Nations peacekeeping and peace 
                        enforcement missions;
                          (v) regarding the need to lower the 
                        United States peacekeeping assessment 
                        to the same percentage as the United 
                        States assessment to the regular United 
                        Nations budget; and
                          (vi) regarding a revision of the 
                        current schedule of payments per 
                        servicemember assigned to a 
                        peacekeeping mission in order to bring 
                        payments more in line with costs.
          (9) Proposals to establish a small United Nations 
        Rapid Deployment Force under the direction of the 
        United Nations Security Council in order to provide for 
        quick intervention in disputes for the purpose of 
        preventing a larger outbreak of hostilities.
          (10) Proposals for reorganization of the United 
        Nations Secretariat to provide improved management of 
        peacekeeping operations, including the establishment of 
        a Department of Peace Operations (DPO) and the transfer 
        of the Operations Division from Field Operations into 
        such a department.
          (11) Requirement of congressional approval for 
        participation of United States Armed Forces in 
        multinational peacekeeping and peace enforcement 
        missions, including the applicability of the War Powers 
        Resolution and the United Nations Participation Act.
          (12) Proposals that the United States and other 
        United Nations member nations negotiate special 
        agreements under article 43 of the United Nations 
        Charter to provide for those states to make armed 
        forces, assistance, and facilities available to the 
        United Nations Security Council for the purposes stated 
        in article 42 of that charter, not only on an ad hoc 
        basis, but also on a permanent on-call basis for rapid 
        deployment under Security Council authorization.
          (13) A proposal that member nations of the United 
        Nations commit to keep equipment specified by the 
        Secretary General of the United Nations available for 
        immediate sale, loan, or donation to the United Nations 
        when required.
          (14) A proposal that member nations of the United 
        Nations make airlift and sealift capacity available to 
        the United Nations without charge or at lower than 
        commercial rates.
          (15) An evaluation of the current capabilities and 
        future needs of the United Nations for improved 
        command, control, communications, and intelligence 
        infrastructure, including facilities, equipment, 
        procedures, training, and personnel, and an analysis of 
        United States capabilities and experience in such 
        matters that could be applied or offered directly to 
        the United Nations.
          (16) An evaluation of the potential role of the 
        Military Staff Committee of the United Nations Security 
        Council.
          (17) Training requirements for foreign military 
        personnel designated to participate in peacekeeping 
        operations, including an assessment of the nation, 
        nations, or organizations that might best provide such 
        training and at what cost.
          (18) Any other information that may be useful to 
        inform Congress on matters relating to United States 
        policy and proposals on peacekeeping and peace 
        enforcement missions.
    (c) Committees To Receive Report.--The committees to which 
the report under this section are to be submitted are--
          (1) the Committee on Armed Services and the Committee 
        on Foreign Relations of the Senate; and
          (2) the Committee on Armed Services and the Committee 
        on Foreign Affairs of the House of Representatives.\28\
---------------------------------------------------------------------------
    \28\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. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------

SEC. 1503. MILITARY-TO-MILITARY CONTACT.

    (a) Continuation of Certain Military-to-Military 
Programs.--Of the amounts authorized to be appropriated 
pursuant to section 301 for Defense-wide activities, 
$10,000,000 shall be made available to continue efforts that 
were initiated by the commander of a United States unified 
command and approved by the chairman of the Joint Chiefs of 
Staff for military-to-military contacts and comparable 
activities that are designed to assist the military forces of 
other countries in understanding the appropriate role of 
military forces in a democratic society.
    (b) Limitation.--Subsection (a) applies only to activities 
initiated by September 30, 1993, and only in the case of 
countries with which those activities had been initiated by 
that date.

SEC. 1504.\29\ HUMANITARIAN AND CIVIC ASSISTANCE.

    (a) Regulations.--The regulations required to be prescribed 
under section 401 of title 10, United States Code, shall be 
prescribed not later than March 1, 1994. In prescribing such 
regulations, the Secretary of Defense shall consult with the 
Secretary of State.
---------------------------------------------------------------------------
    \29\10 U.S.C. 401 note.
---------------------------------------------------------------------------
    (b) Limitation on Use of Funds.--Section 401(c)(2) of title 
10, United States Code, is amended by inserting before the 
period the following: ``, except that funds appropriated to the 
Department of Defense for operation and maintenance (other than 
funds appropriated pursuant to such paragraph) may be obligated 
for humanitarian and civic assistance under this section only 
for incidental costs of carrying out such assistance''.
    (c) Notifications Regarding Humanitarian Relief.--Any 
notification provided to the appropriate congressional 
committees with respect to assistance activities under section 
2551 of title 10, United States Code, shall include a detailed 
description of any items for which transportation is provided 
that are excess nonlethal supplies of the Department of 
Defense, including the quantity, acquisition value, and value 
at the time of the transportation of such items.
    (d) Report on Humanitarian Assistance Activities.--(1) The 
Secretary of Defense shall submit to the appropriate 
congressional committees a report on the activities planned to 
be carried out by the Department of Defense during fiscal year 
1995 under sections 401, 402, 2547, and 2551 of title 10, 
United States Code. The report shall include information, 
developed after consultation with the Secretary of State, on 
the distribution of excess nonlethal supplies transferred to 
the Secretary of State during fiscal year 1993 pursuant to 
section 2547 of that title.
    (2) The report shall be submitted at the same time that the 
President submits the budget for fiscal year 1995 to Congress 
pursuant to section 1105 of title 31, United States Code.
    (e) Authorization of Appropriations.--The funds authorized 
to be appropriated by section 301(18) shall be available to 
carry out humanitarian and civic assistance activities under 
sections 401, 402, and 2551 of title 10, United States Code.
    (f) Appropriate Congressional Committees.--In this section, 
the term ``appropriate congressional committees'' means--
          (1) the Committee on Appropriations, the Committee on 
        Armed Services, and the Committee on Foreign Affairs of 
        the House of Representatives;\30\ and
---------------------------------------------------------------------------
    \30\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. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------
          (2) the Committee on Appropriations, the Committee on 
        Armed Services, and the Committee on Foreign Relations 
        of the Senate.

           Subtitle B--Policies Regarding Specific Countries

SEC. 1511.\31\ SANCTIONS AGAINST SERBIA AND MONTENEGRO.

    (a) Codification of Executive Branch Sanctions.--The 
sanctions imposed on Serbia and Montenegro, as in effect on the 
date of the enactment of this Act, that were imposed by or 
pursuant to the following directives of the executive branch 
shall (except as provided under subsections (d) and (e)) remain 
in effect until changed by law:
---------------------------------------------------------------------------
    \31\50 U.S.C. 1701 note. Executive orders listed here may be found 
in Legislation on Foreign Relations Through 1996, vol. III.
    In a memorandum for the Secretary of State on May 30, 1997, the 
President certified ``that the waiver of the application of the 
prohibition in section 1511(b) of Public Law 103-160 and of the 
application of 540(a) of [Public Law 104-208] 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.'' [Presidential Determination No. 97-26; 62 F.R. 32015].
    In a memorandum for the Secretaries of State, Treasury, and 
Transportation, the President, on December 27, 1995 (Presidential 
Determination No. 96-7; 61 F.R. 2887), determined that:
---------------------------------------------------------------------------

          ``the waiver or modification of the sanctions of Serbia and 
        Montenegro that were imposed by or pursuant to the directives 
        described in section 1511(a)(1-5) and (7-8) of the Act, in 
        conformity with the provisions of United Nations Security 
        Council Resolutions 1021 and 1022 of November 22, 1995, is 
        necessary to achieve a negotiated settlement of the conflict in 
        Bosnia-Herzegovina that is acceptable to the parties.
          ``Therefore, I hereby direct the Secretary of the Treasury to 
        take appropriate action to suspend the application of the 
        sanctions imposed on Serbia and Montenegro pursuant to 
        Executive Order No. 12808 of May 30, 1992, Executive Order 
        12810 of June 5, 1992, Executive Order 12831 of January 15, 
        1993, and Executive Order 12846 of April 25, 1993, effective 
        upon the transmittal of this determination to the Congress. The 
        property and interests in property previously blocked remain 
        blocked until provision is made to address claims or 
        encumbrances, including the claims of the other successor 
        states of the former Yugoslavia.
          ``I hereby direct the Secretary of Transportation to take 
        appropriate action to suspend the application of the sanctions 
        imposed pursuant to Department of Transportation Order 92-5-38 
        of May 20, 1992, Department of Transportation Order 92-6-27 of 
        June 12, 1992, and Special Federal Aviation Regulation No. 66-2 
        of May 31, 1995 (14 C.F.R. Part 91, 60 Federal Register 28477), 
        effective upon the transmittal of this determination to the 
        Congress.
          ``I hereby authorize the Secretary of State to take 
        appropriate action to suspend the application of the sanctions 
        imposed pursuant to Department of State Public Notice 1427 of 
        July 11, 1991, at the appropriate time in conformity with the 
        provisions of United Nations Security Council Resolution 1021 
        of November 22, 1995.
          ``The national emergency declared in Executive Order No. 
        12808 and expanded in Executive Order No. 12934 shall continue 
        in effect.''.
---------------------------------------------------------------------------
    Sec. 540 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), provided the following:
---------------------------------------------------------------------------

   ``RESTRICTIONS ON THE TERMINATION OF SANCTIONS AGAINST SERBIA AND 
                               MONTENEGRO
---------------------------------------------------------------------------
    ``Sec. 540. (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), with respect to Serbia or Montenegro, may cease 
to be effective, unless--
---------------------------------------------------------------------------

          ``(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 right 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;
          ``(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) 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.''
---------------------------------------------------------------------------
          (1) Executive Order 12808 of May 30, 1992, as 
        continued in effect on May 25, 1993.
          (2) Executive Order 12810 of June 5, 1992.
          (3) Executive Order 12831 of January 15, 1993.
          (4) Executive Order 12846 of April 25, 1993.
          (5) Department of State Public Notice 1427, effective 
        July 11, 1991.
          (6) Proclamation 6389 of December 5, 1991 (56 Fed. 
        Register 64467).
          (7) Department of Transportation Order 92-5-38 of May 
        20, 1992.
          (8) Federal Aviation Administration action of June 
        19, 1992 (14 C.F.R. Part 91).
    (b) Prohibition on Assistance.--No funds appropriated or 
otherwise made available by law may be obligated or expended on 
behalf of the government of Serbia or the government of 
Montenegro.
    (c) International Financial Institutions.--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 assistance 
from that institution to the government of Serbia or the 
government of Montenegro, except for basic human needs.
    (d) Exception.--Notwithstanding any other provision of law, 
the President is authorized and encouraged to exempt from 
sanctions imposed against Serbia and Montenegro that are 
described in subsection (a) those United States-supported 
programs, projects, or activities that involve reform of the 
electoral process, the development of democratic institutions 
or democratic political parties, or humanitarian assistance 
(including refugee care and human rights observation).
    (e) Waiver Authority.--(1) The President may waive or 
modify the application, in whole or in part, of any sanction 
described in subsection (a), the prohibition in subsection (b), 
or the requirement in subsection (c).
    (2) Such a waiver or modification may only be effective 
upon certification by the President to Congress that the 
President has determined that the waiver or modification is 
necessary (A) to meet emergency humanitarian needs, or (B) to 
achieve a negotiated settlement of the conflict in Bosnia-
Herzegovina that is acceptable to the parties.

SEC. 1512.\32\ INVOLVEMENT OF ARMED FORCES IN SOMALIA.

    (a) Sense of Congress Regarding United States Policy Toward 
Somalia.--
          (1) Since United States Armed Forces made significant 
        contributions under Operation Restore Hope towards the 
        establishment of a secure environment for humanitarian 
        relief operations and restoration of peace in the 
        region to end the humanitarian disaster that had 
        claimed more than 300,000 lives.
---------------------------------------------------------------------------
    \32\50 U.S.C. 1541 note.
---------------------------------------------------------------------------
          (2) Since the mission of United States forces in 
        support of the United Nations appears to be evolving 
        from the establishment of ``a secure environment for 
        humanitarian relief operations,'' as set out in United 
        Nations Security Council Resolution 794 of December 3, 
        1992, to one of internal security and nation building.
    (b) Statement of Congressional Policy.--
          (1) Consultation with the congress.--The President 
        should consult closely with the Congress regarding 
        United States policy with respect to Somalia, including 
        in particular the deployment of United States Armed 
        Forces in that country, whether under United Nations or 
        United States command.
          (2) Planning.--The United States shall facilitate the 
        assumption of the functions of United States forces by 
        the United Nations.
          (3) Reporting requirement.--
                  (A) The President shall ensure that the goals 
                and objectives supporting deployment of United 
                States forces to Somalia and a description of 
                the mission, command arrangements, size, 
                functions, location, and anticipated duration 
                in Somalia of those forces are clearly 
                articulated and provided in a detailed report 
                to the Congress by October 15, 1993.
                  (B) Such report shall include the status of 
                planning to transfer the function contained in 
                paragraph (2).
          (4) Congressional approval.--Upon reporting under the 
        requirements of paragraph (3) Congress believes the 
        President should by November 15, 1993, seek and receive 
        congressional authorization in order for the deployment 
        of United States forces to Somalia to continue.

                  TITLE XVI--ARMS CONTROL MATTERS\33\
---------------------------------------------------------------------------

    \33\For text, see Legislation on Foreign Relations Through 1997, 
vol. II.
---------------------------------------------------------------------------
          * * * * * * *

          TITLE XVII--CHEMICAL AND BIOLOGICAL WEAPONS DEFENSE

SEC. 1701.\34\ CONDUCT OF THE CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM.

    (a) General.--The Secretary of Defense shall carry out the 
chemical and biological defense program of the United States in 
accordance with the provisions of this section.
---------------------------------------------------------------------------
    \34\50 U.S.C. 1522.
---------------------------------------------------------------------------
    (b) Management and Oversight.--In carrying out his 
responsibilities under this section, the Secretary of Defense 
shall do the following:
          (1) Assign responsibility for overall coordination 
        and integration of the chemical and biological warfare 
        defense program and the chemical and biological medical 
        defense program to a single office within the Office of 
        the Secretary of Defense.
          (2) Take those actions necessary to ensure close and 
        continuous coordination between (A) the chemical and 
        biological warfare defense program, and (B) the 
        chemical and biological medical defense program.
          (3) Exercise oversight over the chemical and 
        biological defense program through the Defense 
        Acquisition Board process.
    (c) Coordination of the Program.--(1)\35\ The Secretary of 
Defense shall designate the Army as executive agent for the 
Department of Defense to coordinate and integrate research, 
development, test, and evaluation, and acquisition, 
requirements of the military departments for chemical and 
biological warfare defense programs of the Department of 
Defense.
---------------------------------------------------------------------------
    \35\Sec. 228(a) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2460) inserted para. 
designation ``(1)'' before ``The Secretary'' and added para. (2).
---------------------------------------------------------------------------
    (2)\35\ The Director of the Defense Advanced Research 
Projects Agency may conduct a program of basic and applied 
research and advanced technology development on chemical and 
biological warfare defense technologies and systems. In 
conducting such program, the Director shall seek to avoid 
unnecessary duplication of the activities under the program 
with chemical and biological warfare defense activities of the 
military departments and defense agencies and shall coordinate 
the activities under the program with those of the military 
departments and defense agencies.
    (d) Funding.--(1) The budget for the Department of Defense 
for each fiscal year after fiscal year 1994 shall reflect a 
coordinated and integrated chemical and biological defense 
program for the Department of Defense.\36\
---------------------------------------------------------------------------
    \36\Sec. 228(b)(1) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2460) struck out 
``military departments'' and inserted in lieu thereof ``Department of 
Defense''.
---------------------------------------------------------------------------
    (2) Funding requests for the program (other than for 
activities under the program conducted by the Defense Advanced 
Research Projects Agency under subsection (c)(2))\37\ shall be 
set forth in the budget of the Department of Defense for each 
fiscal year as a separate account, with a single program 
element for each of the categories of research, development, 
test, and evaluation, acquisition, and military construction. 
Amounts for military construction projects may be set forth in 
the annual military construction budget. Funds for military 
construction for the program in the military construction 
budget shall be set forth separately from other funds for 
military construction projects. Funding requests for the 
program may not be included in the budget accounts of the 
military departments.
---------------------------------------------------------------------------
    \37\Sec. 228(b)(2) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2460) inserted ``(other 
than for activities under the program conducted by the Defense Advanced 
Research Projects Agency under subsection (c)(2))'' after ``requests 
for the program''.
---------------------------------------------------------------------------
    (3)\38\ The program conducted by the Defense Advanced 
Research Projects Agency under subsection (c)(2) shall be set 
forth as a separate program element in the budget of that 
agency.
---------------------------------------------------------------------------
    \38\Sec. 228(b) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2460) redesignated 
para. (3) as para. (4) and inserted a new para. (3).
---------------------------------------------------------------------------
    (4)\38\ All funding requirements for the chemical and 
biological defense program shall be reviewed by the Secretary 
of the Army as executive agent pursuant to subsection (c).
    (e) Management Review and Report.--(1) The Secretary of 
Defense shall conduct a review of the management structure of 
the Department of Defense chemical and biological warfare 
defense program, including--
          (A) research, development, test, and evaluation;
          (B) procurement;
          (C) doctrine development;
          (D) policy;
          (E) training;
          (F) development of requirements;
          (G) readiness; and
          (H) risk assessment.
    (2) Not later than May 1, 1994, the Secretary shall submit 
to Congress a report that describes the details of measures 
being taken to improve joint coordination and oversight of the 
program and ensure a coherent and effective approach to its 
management.

SEC. 1702.\39\ CONSOLIDATION OF CHEMICAL AND BIOLOGICAL DEFENSE 
                    TRAINING ACTIVITIES.

    The Secretary of Defense shall consolidate all chemical and 
biological warfare defense training activities of the 
Department of Defense at the United States Army Chemical 
School.
---------------------------------------------------------------------------
    \39\50 U.S.C. 1522 note.
---------------------------------------------------------------------------

SEC. 1703.\40\ ANNUAL REPORT ON CHEMICAL AND BIOLOGICAL WARFARE 
                    DEFENSE.

    (a) Report Required.--The Secretary of Defense shall 
include in the annual report of the Secretary under section 
113(c) of title 10, United States Code, a report on chemical 
and biological warfare defense. The report shall assess--
---------------------------------------------------------------------------
    \40\50 U.S.C. 1523.
---------------------------------------------------------------------------
          (1) the overall readiness of the Armed Forces to 
        fight in a chemical-biological warfare environment and 
        shall describe steps taken and planned to be taken to 
        improve such readiness; and
          (2) requirements for the chemical and biological 
        warfare defense program, including requirements for 
        training, detection, and protective equipment, for 
        medical prophylaxis, and for treatment of casualties 
        resulting from use of chemical or biological weapons.
    (b) Matters To Be Included.--The report shall include 
information on the following:
          (1) The quantities, characteristics, and capabilities 
        of fielded chemical and biological defense equipment to 
        meet wartime and peacetime requirements for support of 
        the Armed Forces, including individual protective 
        items.
          (2) The status of research and development programs, 
        and acquisition programs, for required improvements in 
        chemical and biological defense equipment and medical 
        treatment, including an assessment of the ability of 
        the Department of Defense and the industrial base to 
        meet those requirements.
          (3) Measures taken to ensure the integration of 
        requirements for chemical and biological defense 
        equipment and material among the Armed Forces.
          (4) The status of nuclear, biological, and chemical 
        (NBC) warfare defense training and readiness among the 
        Armed Forces and measures being taken to include 
        realistic nuclear, biological, and chemical warfare 
        simulations in war games, battle simulations, and 
        training exercises.
          (5) Measures taken to improve overall management and 
        coordination of the chemical and biological defense 
        program.
          (6) Problems encountered in the chemical and 
        biological warfare defense program during the past year 
        and recommended solutions to those problems for which 
        additional resources or actions by the Congress are 
        required.
          (7) A description of the chemical warfare defense 
        preparations that have been and are being undertaken by 
        the Department of Defense to address needs which may 
        arise under article X of the Chemical Weapons 
        Convention.
          (8) A summary of other preparations undertaken by the 
        Department of Defense and the On-Site Inspection Agency 
        to prepare for and to assist in the implementation of 
        the convention, including activities such as training 
        for inspectors, preparation of defense installations 
        for inspections under the convention using the Defense 
        Treaty Inspection Readiness Program, provision of 
        chemical weapons detection equipment, and assistance in 
        the safe transportation, storage, and destruction of 
        chemical weapons in other signatory nations to the 
        convention.
          (9)\41\ A description of any program involving the 
        testing of biological or chemical agents on human 
        subjects that was carried out by the Department of 
        Defense during the period covered by the report, 
        together with--
---------------------------------------------------------------------------
    \41\Sec. 1078(f) of Public Law 105-85 (111 Stat. 1915) added para. 
(9).
---------------------------------------------------------------------------
                  (A) a detailed justification for the testing;
                  (B) a detailed explanation of the purposes of 
                the testing;
                  (C) a description of each chemical or 
                biological agent tested; and
                  (D) the Secretary's certification that 
                informed consent to the testing was obtained 
                from each human subject in advance of the 
                testing on that subject.

SEC. 1704.\42\ SENSE OF CONGRESS CONCERNING FEDERAL EMERGENCY PLANNING 
                    FOR RESPONSE TO TERRORIST THREATS.

    It is the sense of Congress that the President should 
strengthen Federal interagency emergency planning by the 
Federal Emergency Management Agency and other appropriate 
Federal, State, and local agencies for development of a 
capability for early detection and warning of and response to--
---------------------------------------------------------------------------
    \42\50 U.S.C. 1522 note.
---------------------------------------------------------------------------
          (1) potential terrorist use of chemical or biological 
        agents or weapons; and
          (2) emergencies or natural disasters involving 
        industrial chemicals or the widespread outbreak of 
        disease.

SEC. 1705.\43\ AGREEMENTS TO PROVIDE SUPPORT TO VACCINATION PROGRAMS OF 
                    DEPARTMENT OF HEALTH AND HUMAN SERVICES.

    (a) Agreements Authorized.--The Secretary of Defense may 
enter into agreements with the Secretary of Health and Human 
Services to provide support for vaccination programs of the 
Secretary of Health and Human Services in the United States 
through use of the excess peacetime biological weapons defense 
capability of the Department of Defense.
---------------------------------------------------------------------------
    \43\50 U.S.C. 1524.
---------------------------------------------------------------------------
    (b) Report.--Not later than February 1, 1994, the Secretary 
of Defense shall submit to the congressional defense committees 
a report on the feasibility of providing Department of Defense 
support for vaccination programs under subsection (a) and shall 
identify resource requirements that are not within the 
Department's capability.
          * * * * * * *

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

          * * * * * * *
---------------------------------------------------------------------------
    \44\For text, see Legislation on Foreign Relations Through 1997, 
vol. II.
---------------------------------------------------------------------------

                TITLE XXXV--PANAMA CANAL COMMISSION\44\

          * * * * * * *
           i. Department of Defense Appropriations Act, 1994

    Partial text of Public Law 103-139 [H.R. 3116], 107 Stat. 1418, 
                       approved November 11, 1993

  AN ACT Making appropriations for the Department of Defense 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 the fiscal year ending 
September 30, 1994, for military functions administered by the 
Department of Defense, and for other purposes, namely:
          * * * * * * *

                               TITLE VIII

                           GENERAL PROVISIONS

          * * * * * * *
    Sec. 8033. During the current fiscal year and thereafter, 
of the funds appropriated, reimbursable expenses incurred by 
the Department of Defense on behalf of the Soviet Union or its 
successor entities in monitoring United States implementation 
of the Treaty Between the United States of America and the 
Union of Soviet Socialist Republics on the Elimination of Their 
Intermediate-Range or Shorter-Range Missiles (``INF Treaty''), 
concluded December 8, 1987, may be treated as orders received 
and obligation authority for the applicable appropriation, 
account, or fund increased accordingly. Likewise, any 
reimbursements received for such costs may be credited to the 
same appropriation, account, or fund to which the expenses were 
charged: Provided, That reimbursements which are not received 
within one hundred and eighty days after submission of an 
appropriate request for payment shall be subject to interest at 
the current rate established pursuant to section 2(b)(1)(B) of 
the Export-Import Bank Act of 1945 (59 Stat. 526). Interest 
shall begin to accrue on the one hundred and eighty-first day 
following submission of an appropriate request for payment: 
Provided further, That funds appropriated in this Act may be 
used to reimburse United States military personnel for 
reasonable costs of subsistence, at rates to be determined by 
the Secretary of Defense, incurred while accompanying Soviet 
Inspection Team members or inspection team members of the 
successor entities of the Soviet Union engaged in activities 
related to the INF Treaty: Provided further, That this 
provision includes only the in-country period (referred to in 
the INF Treaty) and is effective whether such duty is performed 
at, near, or away from an individual's permanent duty station.
          * * * * * * *
    Sec. 8056.\1\ During the current fiscal year and 
thereafter, there is established, under the direction and 
control of the Attorney General, the National Drug Intelligence 
Center, whose mission it shall be to coordinate and consolidate 
drug intelligence from all national security and law 
enforcement agencies, and produce information regarding the 
structure, membership, finances, communications, and activities 
of drug trafficking organizations: Provided, That funding for 
the operation of the National Drug Intelligence Center, 
including personnel costs associated therewith, shall be 
provided from the funds appropriated to the Department of 
Defense.
---------------------------------------------------------------------------
    \1\21 U.S.C. 873 note. Sec. 104(e) of the Intelligence 
Authorization Act for Fiscal Year 1998 (Public Law 105-107; 111 Stat. 
2250) provided the following:
    ``(e) National Drug Intelligence Center.--
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 8099. (a) Findings.--The Congress finds that--
          (1) the United States Government has not made 
        adequate efforts to seek the payment of compensation by 
        the government of Peru for the death and injuries to 
        United States military personnel resulting from the 
        attack by aircraft of the military forces of Peru on 
        April 24, 1992, against a United States Air Force C-130 
        aircraft operating off the coast of Peru; and
          (2) in failing to make such efforts adequately, the 
        United States Government has failed in its obligation 
        to support the servicemen and their families involved 
        in the incident and generally to support members of the 
        Armed Forces carrying out missions on behalf of the 
        United States.
    (b) Semiannual Report.--The Secretary of Defense shall 
submit a report to Congress on December 1 and June 1 of each 
year on the efforts made by the Government of the United States 
during the preceding six-month period to seek the payment of 
fair and equitable compensation by the Government of Peru (1) 
to the survivors of Master Sergeant Joseph Beard, Jr., United 
States Air Force, who was killed in the attack described in 
subsection (a), and (2) to the other crew members who were 
wounded in the attack and survived.
    (c) Termination of Report Requirement.--The requirement in 
subsection (b) shall terminate upon certification by the 
Secretary of Defense to Congress that the Government of Peru 
has paid fair and equitable compensation as described in 
subsection (b).
          * * * * * * *
    This Act may be cited as the ``Department of Defense 
Appropriations Act, 1994''.
       j. National Defense Authorization Act for Fiscal Year 1993

    Partial text of Public Law 102-484 [H.R. 5006], 106 Stat. 2315, 
  approved October 23, 1992; amended by Public Law 103-160 [National 
 Defense Authorization Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 
1547, approved November 30, 1993; Public Law 103-337 [National Defense 
   Authorization Act for Fiscal Year 1995; S. 2182], 108 Stat. 2663, 
approved October 5, 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, 101 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 104-201 [National 
 Defense Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 
    2422, approved September 23, 1996; 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; and 
  by Public Law 105-85 [National Defense Authorization Act for Fiscal 
   Year 1998; H.R. 1119], 111 Stat. 1629, approved November 18, 1997

 AN ACT To authorize appropriations for fiscal year 1993 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
   personnel strengths for such fiscal year for the Armed Forces, to 
        provide for defense conversion, 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.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 1993''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into four divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
          (4) Division D--Defense Conversion, Reinvestment, and 
        Transition Assistance
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means the Committees on Armed Services\1\ and the 
Committees on Appropriations of the Senate and House of 
Representatives.
---------------------------------------------------------------------------
    \1\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.
---------------------------------------------------------------------------

SEC. 4. GENERAL LIMITATION.

    Notwithstanding any other provision of this Act, the total 
amount authorized to be appropriated for fiscal year 1993 under 
the provisions of this Act is $274,121,787,000, of which the 
total amount authorized to be appropriated for fiscal year 1993 
under the provisions of--
          (1) division A is $253,654,264,000;
          (2) division B is $8,389,833,000; and
          (3) division C is $12,077,690,000.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

                   Subtitle A--Funding Authorizations

          * * * * * * *

SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

    Funds are hereby authorized to be appropriated for fiscal 
year 1993 for the destruction of lethal chemical agents and 
munitions in accordance with section 1412 of the Department of 
Defense Authorization Act, 1986 (50 U.S.C. 1521), in the amount 
of $515,300,000.
          * * * * * * *

                       Subtitle B--Army Programs

          * * * * * * *

SEC. 114. ARMORED VEHICLE UPGRADES.

    Section 21 of the Arms Export Control Act (22 U.S.C. 2761) 
is amended by adding at the end the following:\2\
---------------------------------------------------------------------------
    \2\For text, see Legislation on Foreign Relations Through 1997, 
vol. I-A.
---------------------------------------------------------------------------
          * * * * * * *

             Subtitle G--Chemical Demilitarization Program

SEC. 171.\3\ CHANGE IN CHEMICAL WEAPONS STOCKPILE ELIMINATION DEADLINE. 
                    * * *
---------------------------------------------------------------------------

    \3\Sec. 171 amended sec. 1412(b)(5) of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521(b)(5)).
---------------------------------------------------------------------------
          * * * * * * *

SEC. 178.\4\ SENSE OF CONGRESS CONCERNING INTERNATIONAL CONSULTATION 
                    AND EXCHANGE PROGRAM.

    It is the sense of Congress that the Secretary of Defense, 
in consultation with the Secretary of State, should establish, 
with other nations that are anticipated to be signatories to an 
international agreement or treaty banning chemical weapons, a 
program under which consultation and exchange concerning 
chemical weapons disposal technology could be enhanced. Such a 
program shall be used to facilitate the exchange of technical 
information and advice concerning the disposal of chemical 
weapons among signatory nations and to further the development 
of safer, more cost-effective methods for the disposal of 
chemical weapons.
---------------------------------------------------------------------------
    \4\50 U.S.C. 1521 note.
---------------------------------------------------------------------------
          * * * * * * *

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

                       Subtitle A--Authorizations

          * * * * * * *

SEC. 205. ENDOWMENT FOR DEFENSE INDUSTRIAL COOPERATION.

    (a) Report.--The Secretary of Defense shall prepare a 
report on the benefits and limitations of establishing a United 
States-Israel Endowment for Defense Industrial Cooperation with 
the following objectives:
          (1) To promote and support joint defense industrial 
        activities of mutual benefit to the United States and 
        Israel.
          (2) To promote and support joint commercialization of 
        defense technologies of mutual benefit to the United 
        States and Israel.
          (3) To strengthen a mutually beneficial defense trade 
        program between the United States and Israel.
    (b) Deadline.--The Secretary shall submit to Congress the 
report required by subsection (a) no later than August 1, 1993.
          * * * * * * *

                  Subtitle C--Missile Defense Programs

SEC. 231.\5\ THEATER MISSILE DEFENSE INITIATIVE.

    (a) Establishment of Theater Missile Defense Initiative.--
The Secretary of Defense shall establish a Theater Missile 
Defense Initiative office within the Department of Defense. All 
theater and tactical missile defense activities of the 
Department of Defense (including all programs, projects, and 
activities formerly associated with the Theater Missile Defense 
program element of the Strategic Defense Initiative) shall be 
carried out under the Theater Missile Defense Initiative.
---------------------------------------------------------------------------
    \5\10 U.S.C. 2431 note.
---------------------------------------------------------------------------
    (b) Funding for Fiscal Year 1993.--Of the amounts 
appropriated pursuant to section 201 or otherwise made 
available to the Department of Defense for research, 
development, test, and evaluation for fiscal year 1993, not 
more than $935,000,000 may be obligated for activities of the 
Theater Missile Defense Initiative, of which not less than 
$90,000,000 shall be made available for exploration of 
promising concepts for naval theater missile defense.
    (c) Report.--When the President's budget for fiscal year 
1994 is submitted to Congress pursuant to section 1105 of title 
31, United States Code, the Secretary of Defense shall submit 
to the congressional defense committees a report--
          (1) setting forth the proposed allocation by the 
        Secretary of funds for the Theater Missile Defense 
        Initiative for fiscal year 1994, shown for each 
        program, project, and activity;
          (2) describing an updated master plan for the Theater 
        Missile Defense Initiative that includes (A) a detailed 
        consideration of plans for theater and tactical missile 
        defense doctrine, training, tactics, and force 
        structure, and (B) a detailed acquisition strategy 
        which includes a consideration of acquisition and life-
        cycle costs through the year 2005 for the programs, 
        projects, and activities associated with the Theater 
        Missile Defense Initiative;
          (3) assessing the possible near-term contribution and 
        cost-effectiveness for theater missile defense of 
        exoatmospheric capabilities, to include at a minimum a 
        consideration of--
                  (A) the use of the Navy's Standard missile 
                combined with a kick stage rocket motor and 
                lightweight exoatmospheric projectile (LEAP); 
                and
                  (B) the use of the Patriot missile combined 
                with a kick stage rocket motor and LEAP.
    (d) Effective Date.--The provisions of subsections (a), 
(b), and (c) shall be implemented not later than 90 days after 
the date of the enactment of this Act.

SEC. 232. STRATEGIC DEFENSE INITIATIVE FUNDING.

    (a) Total Amount.--Of the amounts appropriated pursuant to 
section 201 or otherwise made available to the Department of 
Defense for research, development, test, and evaluation for 
fiscal year 1993, not more than $3,039,800,000 may be obligated 
for the Strategic Defense Initiative.
    (b) Specific Amounts for the Program Elements.--Of the 
amount described in subsection (a)--
          (1) not more than $2,039,800,000 shall be available 
        for programs, projects, and activities within the 
        Limited Defense System program element;
          (2) not more than $300,000,000 shall be available for 
        programs, projects, and activities within the Space-
        Based Interceptors program element;
          (3) not more than $300,000,000 shall be available for 
        programs, projects, and activities within the Other 
        Follow-On Systems program element; and
          (4) not more than $400,000,000 shall be available for 
        programs, projects, and activities within the Research 
        and Support Activities program element.
    (d) Construction of Authority in Relation to User 
Operational Evaluation System.--Nothing in this Act shall be 
construed to authorize the exercise of any option to fabricate 
or field elements of a User Operational Evaluation System at 
the initial anti-ballistic missile defense site.

SEC. 233. REPORTING REQUIREMENTS AND TRANSFER AUTHORITIES FOR TMDI AND 
                    SDI.

    (a) Reporting Requirement.--Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report 
on the allocation of funds appropriated for the Theater Missile 
Defense Initiative and the Strategic Defense Initiative for 
fiscal year 1993. The report shall specify the amount of such 
funds allocated for each program, project, and activity of the 
Theater Missile Defense Initiative and the Strategic Defense 
Initiative and shall list each Strategic Defense Initiative 
program, project, and activity under the appropriate program 
element and list each Theater Missile Defense Initiative 
program, project, and activity.
    (b) Transfer Authorities.--
          (1) In general.--Before the submission of the report 
        required under subsection (a) and notwithstanding the 
        limitations set forth in sections 231(b) and 232(b) of 
        this Act, the Secretary of Defense may transfer funds 
        among the Strategic Defense Initiative program elements 
        named in section 232(b) of this Act and from such 
        elements to the Theater Missile Defense Initiative.
          (2) Limitation.--The total amount that may be 
        transferred to or from any program element named in 
        section 232(b)--
                  (A) may not exceed 10 percent of the amount 
                provided in such subsection for the program 
                element from which the transfer is made; and
                  (B) may not result in an increase of more 
                than 10 percent of the amount provided in 
                section 232(b) for the Strategic Defense 
                Initiative program element to which the 
                transfer is made and may not result in an 
                increase of more than 10 percent of the amount 
                provided in section 231(b) for the Theater 
                Missile Defense Initiative.
          (3) Restriction.--Transfer authority under paragraph 
        (1) may not be used for a decrease in funds identified 
        in section 231(b) for the Theater Missile Defense 
        Initiative.
          (4) Merger and availability.--Amounts transferred 
        pursuant to paragraph (1) shall be merged with and be 
        available for the same purposes as the amounts to which 
        transferred.

SEC. 234.\6\ REVISION OF THE MISSILE DEFENSE ACT OF 1991. * * *
---------------------------------------------------------------------------

    \6\Sec. 234 amended the Missile Defense Act of 1991 (part C of 
title II of Public Law 102-190; 105 Stat. 1321). The Missile Defense 
Act of 1991 was subsequently repealed by Public Law 104-106. See secs. 
231-238 of that Act for the Ballistic Missile Defense Act of 1995.
---------------------------------------------------------------------------

SEC. 235. DEVELOPMENT AND TESTING OF ANTI-BALLISTIC MISSILE SYSTEMS OR 
                    COMPONENTS.

    (a) Use of Funds.--
          (1) Limitation.--Funds appropriated to the Department 
        of Defense for fiscal year 1993, or otherwise made 
        available to the Department of Defense from any funds 
        appropriated for fiscal year 1993 or for any fiscal 
        year before 1993, may not be obligated or expended--
                  (A) for any development or testing of anti-
                ballistic missile systems or components except 
                for development and testing consistent with the 
                development and testing described in the July 
                1992 SDIO Report; or
                  (B) for the acquisition of any material or 
                equipment (including any long lead materials, 
                components, piece parts, test equipment, or any 
                modified space launch vehicle) required or to 
                be used for the development or testing of anti-
                ballistic missile systems or components, except 
                for material or equipment required for 
                development or testing consistent with the 
                development and testing described in the July 
                1992 SDIO Report.
          (2) Exception.--The limitation under paragraph (1) 
        shall not apply to funds transferred to or for the use 
        of the Strategic Defense Initiative for fiscal year 
        1993 if the transfer is made in accordance with section 
        1001 of this Act.
    (b) Definition.--In this section, the term ``July 1992 SDIO 
Report'' means the report entitled, ``1992 Report to Congress 
on the Strategic Defense Initiative,'' prepared by the 
Strategic Defense Initiative Organization and submitted to 
certain committees of the Senate and House of Representatives 
by the Secretary of Defense pursuant to section 224 of the 
National Defense Authorization Act for Fiscal Years 1990 and 
1991 (Public Law 101-189; 103 Stat. 1398; 10 U.S.C. 2431).

SEC. 236. LIMITATION REGARDING SUPPORT SERVICES CONTRACTS OF THE 
                    STRATEGIC DEFENSE INITIATIVE ORGANIZATION.

    (a) Limitation.--Of the amounts that are appropriated to 
the Department of Defense for fiscal year 1993 pursuant to the 
authorizations of appropriations contained in this Act and are 
made available for the Strategic Defense Initiative 
Organization, not more than $135,000,000 may be expended for 
the procurement of support services.
    (b) Definition.--For purposes of subsection (a), the term 
``support services'' means any of the following:
          (1) Professional, administrative, and management 
        support services.
          (2) Special studies and analyses.
          (3) Services contracted for under section 3109 of 
        title 5, United States Code.

                       Subtitle D--Other Matters

SEC. 241. MEDICAL COUNTERMEASURES AGAINST BIOWARFARE THREATS.

    (a) Funding.--Of the amounts appropriated pursuant to 
section 201 for fiscal year 1993, not more than $59,670,000 
shall be available for the medical component of the Biological 
Defense Research Program (BDRP) of the Department of Defense.
    (b) Limitations.--(1) Funds appropriated or otherwise made 
available for the Department of Defense for fiscal year 1993 
may be obligated and expended for product development, and for 
research, development, testing, and evaluation, of medical 
countermeasures against biowarfare threat agents only in 
accordance with this section.
    (2) Of the funds made available pursuant to subsection (a), 
not more than $10,000,000 may be obligated or expended for 
research, development, test, or evaluation of medical 
countermeasures against far-term validated biowarfare threat 
agents.
    (3) Of the funds made available pursuant to subsection (a) 
other than funds made available pursuant to paragraph (2) for 
the purpose set out in that paragraph--
          (A) not more than 80 percent may be obligated and 
        expended for product development, or for research, 
        development, test, or evaluation, of medical 
        countermeasures against near-term validated biowarfare 
        threat agents; and
          (B) not more than 20 percent may be obligated or 
        expended for product development, or for research, 
        development, test, or evaluation, of medical 
        countermeasures against mid-term validated biowarfare 
        threat agents.
    (c) Definitions.--In this section:
          (1) The term ``validated biowarfare threat agent'' 
        means a biological agent that--
                  (A) is named in the biological warfare threat 
                list published by the Defense Intelligence 
                Agency; and
                  (B) is identified as a biowarfare threat by 
                the Deputy Chief of Staff of the Army for 
                Intelligence in accordance with Army 
                regulations applicable to intelligence support 
                for the medical component of the Biological 
                Defense Research Program.
          (2) The term ``near-term validated biowarfare threat 
        agent'' means a validated biowarfare threat agent that 
        has been, or is being, developed or produced for 
        weaponization within 5 years, as assessed and 
        determined by the Defense Intelligence Agency.
          (3) The term ``mid-term validated biowarfare threat 
        agent'' means a validated biowarfare threat agent that 
        is an emerging biowarfare threat, is the object of 
        research by a foreign threat country, and will be ready 
        for weaponization in more than 5 years and less than 10 
        years, as assessed and determined by the Defense 
        Intelligence Agency.
          (4) The term ``far-term validated biowarfare threat 
        agent'' means a validated biowarfare threat agent that 
        is a future biowarfare threat, is the object of 
        research by a foreign threat country, and could be 
        ready for weaponization in more than 10 years and less 
        than 20 years, as assessed and determined by the 
        Defense Intelligence Agency.
          (5) The term ``weaponization'' means incorporation 
        into usable ordnance or other militarily useful means 
        of delivery.
          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorizations of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 1993 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance in 
amounts as follows:
          * * *
          (14) For Drug Interdiction and Counter-Drug 
        Activities, Defense, $1,263,400,000.
          * * *
          (17) For Humanitarian Assistance, $25,000,000.
          * * * * * * *

SEC. 304. HUMANITARIAN ASSISTANCE.

    (a) Purpose.--(1) Funds appropriated pursuant to the 
authorization in section 301(17) shall be available for the 
purposes of section 2551 of title 10, United States Code, as 
added by subsection (c), including the transportation of 
humanitarian relief for the people of Afghanistan and Cambodia.
    (2) Of the funds authorized to be appropriated for fiscal 
year 1993 pursuant to section 301(17) for such purpose, not 
more than $3,000,000 shall be available for distribution of 
humanitarian relief supplies to displaced persons or refugees 
who are noncombatants, including those affiliated with the 
Cambodian non-Communist resistance, at or near the border 
between Thailand and Cambodia.
    (b) Authority To Transfer Funds.--The Secretary of Defense 
may transfer, pursuant to section 2551(b) of such title, not 
more than $3,000,000 of the funds referred to in subsection 
(a)(1).
    (c)\7\ Codification of Authority and Administrative 
Provisions.--(1) Subchapter II of chapter 152 of title 10, 
United States Code, is amended by adding at the end the 
following new section: * * *
---------------------------------------------------------------------------
    \7\This subsection added sec. 2551 to 10 U.S.C., relating to 
humanitarian assistance.
---------------------------------------------------------------------------
    (d)\8\ Laws Covered by Initial Reports.--For purposes of 
subsection (e) of section 2551 of title 10, United States Code, 
as added by subsection (c), section 304 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 
102-190; 105 Stat. 1333), and the humanitarian relief laws 
referred to in subsection (f)(4) of section 304 of that Act (as 
in effect on the day before the date of the enactment of this 
Act) shall be considered as provisions of law that authorized 
appropriations for humanitarian assistance to be available for 
the purposes of section 2551 of title 10, United States Code.
---------------------------------------------------------------------------
    \8\10 U.S.C. 2551 note.
---------------------------------------------------------------------------
    (e) Repeal of Superseded Reporting Requirement.--Section 
304 of the National Defense Authorization Act for Fiscal Years 
1992 and 1993 (Public Law 102-190; 105 Stat. 1333) is amended 
by striking out subsection (f).
          * * * * * * *

                  Subtitle C--Environmental Provisions

          * * * * * * *

SEC. 324. OVERSEAS ENVIRONMENTAL RESTORATION.

    (a) Sense of Congress.--It is the sense of the Congress 
that in carrying out environmental restoration activities at 
military installations outside the United States, the President 
should seek to obtain an equitable division of the costs of 
environmental restoration with the nation in which the 
installation is located.
    (b) Report.--The Secretary of Defense shall include in each 
Report on Allied Contributions to the Common Defense prepared 
under section 1003 of Public Law 98-525 (22 U.S.C. 1928) 
information, in classified and unclassified form, describing 
the efforts undertaken and the progress made by the President 
in carrying out subsection (a) during the period covered by the 
report.
          * * * * * * *

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

          * * * * * * *

                       Subtitle C--Other Matters

          * * * * * * *

SEC. 842.\9\ PURCHASE OF ANGOLAN PETROLEUM PRODUCTS.

    The prohibition in section 316 of the National Defense 
Authorization Act for Fiscal Year 1987 (100 Stat. 3855; 10 
U.S.C. 2304 note) shall cease to be effective on the date on 
which the President certifies to Congress that free, fair, and 
democratic elections have taken place in Angola.
---------------------------------------------------------------------------
    \9\10 U.S.C. 2304 note. The President made such a determination on 
July 19, 1993 (Presidential Determination No. 93-32; 58 F.R. 40309; 
July 28, 1993).
---------------------------------------------------------------------------

SEC. 843.\10\ AUTHORITY FOR THE DEPARTMENT OF DEFENSE TO SHARE 
                    EQUITABLY THE COSTS OF CLAIMS UNDER INTERNATIONAL 
                    ARMAMENTS COOPERATION PROGRAMS. * * *
---------------------------------------------------------------------------

    \10\Subsec. (a) of this section amended sec. 27(c) of the Arms 
Export Control Act (22 U.S.C. 2767(c)). See Legislation on Foreign 
Relations Through 1997, vol. I-A. Subsec. (b) amended 10 U.S.C. 2350a 
and 2350d. See beginning at page 407. Subsec. (c), repealed by sec. 
1318 of the National Defense Authorization Act for Fiscal Year 1995 
(Public Law 103-337; 108 Stat. 2902), formerly read as follows:
    ``(c) Termination.--On the date which is two years after the date 
of the enactment of this Act, 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.''.
---------------------------------------------------------------------------

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                     Subtitle A--Roles and Missions

SEC. 901.\11\ REPORT OF THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF ON 
                    ROLES AND MISSIONS OF THE ARMED FORCES.

    (a) Report.--(1) The Secretary of Defense shall transmit to 
Congress a copy of the first report relating to the roles and 
missions of the Armed Forces that is submitted to the Secretary 
by the Chairman of the Joint Chiefs of Staff under section 
153(b) of title 10, United States Code, after January 1, 1992.
---------------------------------------------------------------------------
    \11\10 U.S.C. 153 note.
---------------------------------------------------------------------------
    (2) The Secretary shall transmit the report, together with 
his views on the report, within 30 days after receiving the 
report.
    (b) Additional Matters.--In addition to the matters 
required under such section 153(b), the Chairman shall include 
in the report referred to in subsection (a) the Chairman's 
comments and recommendations regarding the following matters:
          (1) Reassessing the roles and missions assigned to 
        each of the Armed Forces (under the Key West agreement 
        of 1947 and subsequent actions by the various 
        Secretaries of Defense and the Congress) in light of 
        the new national security environment resulting from 
        the end of the Cold War.
          (2) The extent to which the efficiency of the Armed 
        Forces in carrying out their roles and missions can be 
        enhanced by--
                  (A) the elimination or reduction of 
                duplication in the capabilities of the military 
                departments and Defense Agencies without an 
                undue diminution in their effectiveness; and
                  (B) the consolidation or streamlining of 
                organizations and activities within the 
                military departments and Defense Agencies.
          (3) Changes in the operational tempo of forces 
        stationed in the continental United States and changes 
        in deployment patterns and operational tempo of forces 
        deployed outside the United States.
          (4) Changes in the readiness status of units based 
        upon time-phased force deployment plans.
          (5) Transfers of functions from the active components 
        of the Armed Forces to the reserve components of the 
        Armed Forces.
          * * * * * * *

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

          * * * * * * *

SEC. 1003. TREATMENT OF CERTAIN ``M'' ACCOUNT OBLIGATIONS.

    (a) Limitation.--The Secretary of Defense may not 
reobligate any sum in a merged (or so-called ``M'') account of 
the Department of Defense until the Secretary has identified an 
equal sum under section 1406 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 
Stat. 1680) that can be canceled.
    (b) Requirement for Reciprocal Cancellation.--Whenever the 
Secretary of Defense reobligates funds from a merged (or so-
called ``M'') account of the Department of Defense, the 
Secretary shall at the same time cancel with the Treasury of 
the United States a sum in the same amount as the reobligation 
from a merged account of the Department of Defense.
    (c) Monthly Reports.--The Secretary of Defense shall submit 
to the congressional defense committees a monthly report, for 
each month beginning after the date of the enactment of this 
Act through September 1993, on the amount of funds reobligated 
during the month from merged accounts of the Department of 
Defense and the amount of funds canceled during the month from 
such accounts. Each report shall be submitted not later than 
the 21st day of the month after the month covered by the 
report.
    (d) Notice-and-Wait.--(1) Whenever the Secretary of Defense 
proposes to reobligate from a merged (or so-called ``M'') 
account of the Department of Defense any sum in an amount 
greater than $10,000,000, the reobligation may not be made 
until--
          (A) the Secretary notifies Congress of the amount to 
        be reobligated, the source of the funds to be 
        reobligated, and the purpose the funds will be 
        reobligated for; and
          (B) a period of 30 days passes after the notice is 
        received.
    (2) The limitation in paragraph (1) applies to 
reobligations for a single purpose in a sum greater than the 
amount specified in that paragraph. Such a reobligation may not 
be divided into several smaller sums to avoid such limitation.
    (e) Duration of Limitations.--Subsections (a) and (b) shall 
cease to apply when all audits and cancellations of balances 
required by section 1406 of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1680) 
have been completed.

SEC. 1004.\12\ ADDITIONAL TRANSITION AUTHORITY REGARDING CLOSING 
                    APPROPRIATION ACCOUNTS. * * *
---------------------------------------------------------------------------

    \12\Sec. 1004 amended sec. 1405(b) of the National Defense 
Authorization Act for Fiscal Year 1991 (31 U.S.C. 1551 note).
---------------------------------------------------------------------------
          * * * * * * *

                  Subtitle E--Counter-Drug Activities

SEC. 1041.\13\ ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES. * * *
---------------------------------------------------------------------------

    \13\Sec. 1041, in part, amended sec. 1004 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 
374 note).
---------------------------------------------------------------------------

SEC. 1042.\14\ MAINTENANCE AND OPERATION OF EQUIPMENT. * * *
---------------------------------------------------------------------------

    \14\Sec. 1042 amended 10 U.S.C 374.
---------------------------------------------------------------------------

SEC. 1043. COUNTER-DRUG DETECTION AND MONITORING SYSTEMS PLAN.

    (a) Requirements of Detection and Monitoring Systems.--The 
Secretary of Defense shall establish requirements for counter-
drug detection and monitoring systems to be used by the 
Department of Defense in the performance of its mission under 
section 124(a) of title 10, United States Code, as lead agency 
of the Federal Government for the detection and monitoring of 
the transit of illegal drugs into the United States. Such 
requirements shall be designed--
          (1) to minimize unnecessary redundancy between 
        counter-drug detection and monitoring systems;
          (2) to grant priority to assets and technologies of 
        the Department of Defense that are already in existence 
        or that would require little additional development to 
        be available for use in the performance of such 
        mission;
          (3) to promote commonality and interoperability 
        between counter-drug detection and monitoring systems 
        in a cost-effective manner; and
          (4) to maximize the potential of using counter-drug 
        detection and monitoring systems for other defense 
        missions whenever practicable.
    (b) Evaluation of Systems.--The Secretary of Defense shall 
identify and evaluate existing and proposed counter-drug 
detection and monitoring systems in light of the requirements 
established under subsection (a). In carrying out such 
evaluation, the Secretary shall--
          (1) assess the capabilities, strengths, and 
        weaknesses of counter-drug detection and monitoring 
        systems; and
          (2) determine the optimal and most cost-effective 
        combination of use of counter-drug detection and 
        monitoring systems to carry out activities relating to 
        the reconnaissance, detection, and monitoring of drug 
        traffic.
    (c) Systems Plan.--Based on the results of the evaluation 
under subsection (b), the Secretary of Defense shall prepare a 
plan for the development, acquisition, and use of improved 
counter-drug detection and monitoring systems by the Armed 
Forces. In developing the plan, the Secretary shall also make 
every effort to determine which counter-drug detection and 
monitoring systems should be eliminated from the counter-drug 
program based on the results of such evaluation. The plan shall 
include an estimate by the Secretary of the full cost to 
implement the plan, including the cost to develop, procure, 
operate, and maintain equipment used in counter-drug detection 
and monitoring activities performed under the plan and training 
and personnel costs associated with such activities.
    (d) Report.--Not later than six months after the date of 
the enactment of this Act, the Secretary of Defense shall 
submit to Congress a report on the requirements established 
under subsection (a) and the results of the evaluation 
conducted under subsection (b). The report shall include the 
plan prepared under subsection (c).
    (e) Limitation on Obligation of Funds.--(1) Except as 
provided in paragraph (2), none of the funds appropriated or 
otherwise made available for the Department of Defense for 
fiscal year 1993 pursuant to an authorization of appropriations 
in this Act may be obligated or expended for the procurement or 
upgrading of a counter-drug detection and monitoring system, 
for research and development with respect to such a system, or 
for the lease or rental of such a system until after the date 
on which the Secretary of Defense submits to Congress the 
report required under subsection (d).
    (2) Paragraph (1) shall not prohibit obligations or 
expenditures of funds for--
          (A) any procurement, upgrading, research and 
        development, or lease of a counter-drug detection and 
        monitoring system that is necessary to carry out the 
        evaluation required under subsection (b); or
          (B) the operation and maintenance of counter-drug 
        detection and monitoring systems used by the Department 
        of Defense as of the date of the enactment of this Act.
    (f) Definition.--For purposes of this section, the term 
``counter-drug detection and monitoring systems'' means land-, 
air-, and sea-based detection and monitoring systems suitable 
for use by the Department of Defense in the performance of its 
mission--
          (1) under section 124(a) of title 10, United States 
        Code, as lead agency of the Federal Government for the 
        detection and monitoring of the aerial and maritime 
        transit of illegal drugs into the United States; and
          (2) to provide support to law enforcement agencies in 
        the detection, monitoring, and communication of the 
        movement of traffic at, near, and outside the 
        geographic boundaries of the United States.

SEC. 1044.\15\ EXTENSION OF AUTHORITY TO TRANSFER EXCESS PERSONAL 
                    PROPERTY. * * *
---------------------------------------------------------------------------

    \15\Sec. 1044 amended sec. 1208(c) of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 
10 U.S.C. 372 note).
---------------------------------------------------------------------------
          * * * * * * *

        TITLE XII--SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS

                   Subtitle A--Operation Desert Storm

          * * * * * * *

SEC. 1202. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1992.

    (a) Authorization of Appropriations.--There is authorized 
to be appropriated to the Department of Defense for fiscal year 
1992 in accordance with subsection (a) of section 101 of Public 
Law 102-25 (105 Stat. 78), to be available under subsection 
(b)(1) of such section, the sum of $429,000,000 for military 
personnel as follows:
          (1) Army.--For the Army, $399,000,000.
          (2) Navy.--For the Navy, $30,000,000.
    (b) Increased Limitation on Authority for Transfer of 
Fiscal Year 1992 Authorizations.--The total amount of the 
transfer authority provided for the Secretary of Defense for 
fiscal year 1992 in Public Law 102-190 or any other Act is 
increased by the amounts of the funds appropriated pursuant to 
subsection (a) that are transferred to fiscal year 1992 
appropriations accounts pursuant to sections 101 and 102(c) of 
Public Law 102-25, as amended by section 1201.

SEC. 1203. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1993.

    (a) Authorization of Appropriations.--There is authorized 
to be appropriated to the Department of Defense for fiscal year 
1993 in accordance with subsection (a) of section 101 of Public 
Law 102-25 (105 Stat. 78), to be available under subsection (b) 
of such section, the sum of $87,700,000 for military personnel 
as follows:
          (1) Army.--For the Army, $29,300,000.
          (2) Navy.--For the Navy, $35,300,000.
          (3) Marine corps.--For the Marine Corps, $3,100,000.
          (4) Air force.--For the Air Force, $20,000,000.
    (b) Increased Limitation on Authority for Transfer of 
Fiscal Year 1993 Authorizations.--The amount of the transfer 
authority provided in section 1001 is increased by the amounts 
of the funds appropriated pursuant to subsection (a) that are 
transferred to fiscal year 1993 appropriations accounts 
pursuant to sections 101 and 102(c) of Public Law 102-25, as 
amended by section 1201.

SEC. 1204. RELATIONSHIP TO OTHER AUTHORIZATIONS.

    The authorizations of appropriations in sections 1202 and 
1203 are in addition to the amounts otherwise authorized to be 
appropriated to the Department of Defense for fiscal year 1992 
and for fiscal year 1993 by any other provision of this Act or 
by any other Act enacted before the date of the enactment of 
this Act.
          * * * * * * *

        TITLE XIII--MATTERS RELATING TO ALLIES AND OTHER NATIONS

                       Subtitle A--Burdensharing

SEC. 1301. OVERSEAS BASING ACTIVITIES.

    (a) Funding Reductions.--(1)(A) The total amount 
appropriated to the Department of Defense for operation and 
maintenance and for military construction (including NATO 
Infrastructure) that is obligated to conduct overseas basing 
activities during fiscal year 1993 may not exceed the amount 
equal to the baseline for fiscal year 1993 reduced by 
$500,000,000.
    (B) For purposes of subparagraph (A), the baseline for 
fiscal year 1993 is the sum of the amounts of the overseas 
funding estimates specified for such year for Operation and 
Maintenance; Family Housing, Operations; Family Housing, 
Construction; and Military Construction (including NATO 
Infrastructure) set forth on page 8 of the report of the 
Department of Defense dated January 1992, and entitled 
``Amended FY 1992/FY 1993 Biennial Budget Estimates for Defense 
Overseas Funding and Dependent Overseas Funding''.
    (2) It is the sense of Congress that the amounts obligated 
to conduct overseas basing activities should decline 
significantly in fiscal years 1994, 1995, and 1996 as--
          (A) the number of United States military personnel 
        stationed overseas is reduced in conformance with the 
        provisions of section 1302 and the amendment made by 
        section 1303; and
          (B) the countries to which subsection (e)(1) and 
        (e)(2) apply assume an increased share of the costs of 
        United States military installations in those 
        countries.
    (b) Definition.--In this section, the term ``overseas 
basing activities'' means the activities of the Department of 
Defense for which funds are provided through appropriations for 
operation and maintenance, including appropriations for family 
housing operations, and for military construction (including 
family housing construction and NATO Infrastructure) for the 
payment of costs for Department of Defense overseas military 
units and the costs for all dependents who accompany Department 
of Defense personnel outside the United States.
    (c) Offsets.--Reductions for purposes of subsection (a) in 
obligations of appropriated funds for overseas basing 
activities may be offset by either or a combination of the 
following:
          (1) Increase in the level of host-nation support due 
        to agreements reached under subsection (e) or 
        otherwise.
          (2) Accelerated withdrawal of United States forces or 
        equipment under the provisions of section 1302 and the 
        amendment made by section 1303.
    (d) Allocations of Savings.--The savings realized as a 
result of the reductions for purposes of subsection (a) will be 
allocated for operation and maintenance and military 
construction activities of the Department of Defense at 
military installations and facilities located inside the United 
States.
    (e)\16\ Defense Burdensharing Agreements for Increased Host 
Nation Support.--(1) In order to achieve additional savings in 
fiscal year 1994 and in future fiscal years, the President 
should enter into a revised host-nation agreement with each 
foreign country described in paragraph (3)(A).
---------------------------------------------------------------------------
    \16\Sec. 1304(a) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2890) provided the 
following:
    ``(a) Goal for Allied Contributions.--In continuing efforts to 
enter into revised host-nation agreements as described in section 
1301(e) of the National Defense Authorization Act for Fiscal Year 1993 
(Public Law 102-484; 106 Stat. 2545) and section 1401(c) of the 
National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1824), the President shall seek to have European 
member nations of NATO assume an increased share of the nonpersonnel 
costs for United States military installations in those nations so that 
by September 30, 1996, those nations have assumed 37.5 percent of such 
costs.''.
---------------------------------------------------------------------------
    (2) For purposes of paragraph (1), a revised host-nation 
agreement is an agreement under which such foreign country, on 
or before September 30, 1994--
          (A) assumes an increased share of the costs of United 
        States military installations in that country, 
        including the costs of--
                  (i) labor, utilities, and services;
                  (ii) military construction projects and real 
                property maintenance;
                  (iii) leasing requirements associated with 
                United States military presence; and
                  (iv) actions necessary to meet local 
                environmental standards;
          (B) relieves the Armed Forces of the United States of 
        all tax liability that, with respect to forces located 
        in such country, is incurred by the Armed Forces under 
        the laws of that country and the laws of the community 
        where those forces are located; and
          (C) ensures that goods and services furnished in that 
        country to the Armed Forces of the United States are 
        provided at minimum cost and without imposition of user 
        fees.
    (3)(A) Except as provided in subparagraph (B), paragraph 
(1) applies with respect to--
          (i) each country of the North Atlantic Treaty 
        Organization (other than the United States); and
          (ii) each other foreign country with which the United 
        States has a bilateral or multilateral defense 
        agreement that provides for the assignment of combat 
        units of the Armed Forces of the United States to 
        permanent duty in that country or the placement of 
        combat equipment of the United States in that country.
    (B) Paragraph (1) does not apply with respect to--
          (i) a foreign country that receives assistance under 
        section 23 of the Arms Export Control Act (22 U.S.C. 
        2673) (relating to the foreign military financing 
        program) or under the provisions of chapter 4 of part 
        II of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2346 et seq.); or
          (ii) a foreign country that has agreed to assume, not 
        later than September 30, 1996, at least 75 percent of 
        the non-personnel costs of United States military 
        installations in that country.

SEC. 1302.\17\ OVERSEAS MILITARY END STRENGTH. * * * [REPEALED--1994]
---------------------------------------------------------------------------

    \17\Formerly at 10 U.S.C. 113 note. Sec. 1312(c) of the National 
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 
Stat. 2894) repealed sec. 1302. That section also enacted a new section 
at 10 U.S.C. 123b, relating to ``Forces Stationed Abroad; Limitation on 
Number'', effective fiscal year 1996. See page 370.
    Sec. 1302 previously read as follows:
    ``sec. 1302. overseas military end strength.
    ``(a) Reduction in United States Force Levels Abroad.--On and after 
September 30, 1996, no appropriated funds may be used to support an end 
strength level of members of the Armed Forces of the United States 
assigned to permanent duty ashore in nations outside the United States 
at any level in excess of 60 percent of the end strength level of such 
members on September 30, 1992.
    ``(b) Exceptions.--(1) Subsection (a) shall not apply in the event 
of a declaration of war or an armed attack on any member nation of the 
North Atlantic Treaty Organization, Japan, the Republic of Korea, or 
any other ally of the United States.
    ``(2) The President may waive the operation of subsection (a) if 
the President declares an emergency and immediately notifies 
Congress.''.
---------------------------------------------------------------------------

SEC. 1303.\18\ REDUCTION IN THE AUTHORIZED END STRENGTH FOR MILITARY 
                    PERSONNEL IN EUROPE. * * * [REPEALED--1994]
---------------------------------------------------------------------------

    \18\Sec. 1303(c) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2890) repealed sec. 
1303, which had amended sec. 1002(c)(1) of the National Defense 
Authorization Act, 1985 (22 U.S.C. 1928 note), effective October 1, 
1995, to set U.S. military personnel levels in Europe at 100,000. Sec. 
1303 of Public Law 103-337 further amended sec. 1002(c)(1) the 1985 
Act.
---------------------------------------------------------------------------

SEC. 1304.\19\ REPORTS ON OVERSEAS BASING.

    (a) Annual Report.--The Secretary of Defense shall, not 
later than March 31 of each year through 1997, submit to the 
Committees on Armed Services\20\ of the Senate and House of 
Representatives, either separately or as part of another 
relevant report, a report that specifies--
---------------------------------------------------------------------------
    \19\10 U.S.C. 113 note.
    \20\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) the stationing and basing plan by 
        installation\21\ for United States military forces 
        outside the United States;
---------------------------------------------------------------------------
    \21\Sec. 2924(a)(1) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1931) inserted ``by 
installation''.
---------------------------------------------------------------------------
          (2) the status of closures of United States military 
        installations located outside the United States;
          (3)\22\ both--
---------------------------------------------------------------------------
    \22\Sec. 2924(a)(2) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1931) struck out par. 
(3), which read ``(3) the schedule for the negotiation of such 
closures;'', and inserted the par. (3) as shown.
---------------------------------------------------------------------------
                  (A) the status of negotiations, if any, 
                between the United States and the host 
                government as to (i) United States claims for 
                compensation for the fair market value of the 
                improvements made by the United States at each 
                installation referred to in paragraph (2), and 
                (ii) any claims of the host government for 
                damages or restoration of the installation; and
                  (B) the representative of the United States 
                in any such negotiations;
          (4) the potential savings to the United States 
        resulting from such closures;
          (5)\23\ the cost to the United States of any 
        improvements made at each installation referred to in 
        paragraph (2) and the fair market value of such 
        improvements, expressed in constant dollars based on 
        the date of completion of the improvements;
---------------------------------------------------------------------------
    \23\Sec. 2924(a)(4) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1931) struck out par. 
(5), which read: ``(5) the potential amount of receipts from residual 
value negotiations; and'', and inserted new pars. (5) and (6).
---------------------------------------------------------------------------
          (6)\23\ in each case in which negotiations between 
        the United States and a host government have resulted 
        in an agreement for the payment to the United States by 
        the host government of the value of improvements to an 
        installation made by the United States, the amount of 
        such payment, the form of such payment, and the 
        expected date of such payment; and
          (7)\24\ efforts and progress toward achieving host 
        nation offsets under section 1301(e) and reduced end 
        strength levels under section 1302.
---------------------------------------------------------------------------
    \24\Sec. 2924(a)(3) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1931) redesignated par. 
(6) as par. (7).
---------------------------------------------------------------------------
    (b) Report on Budget Implications of Overseas Basing 
Agreements.--Whenever the Secretary of Defense enters into a 
basing agreement between the United States and a foreign 
country with respect to United States military forces outside 
the United States, the Secretary of Defense shall, in advance 
of the signing of the agreement, submit to the congressional 
defense committees a report on the Federal budget implications 
of the agreement.

SEC. 1305.\25\ BURDENSHARING CONTRIBUTIONS BY KUWAIT. * * *
---------------------------------------------------------------------------

    \25\Sec. 1305 amended sec. 1045 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 
105 Stat. 1465); see 10 USC 2350j.
---------------------------------------------------------------------------

 Subtitle B--Cooperative Agreements and Other Matters Concerning Allies

SEC. 1311.\26\ COOPERATIVE MILITARY AIRLIFT AGREEMENTS. * * *
---------------------------------------------------------------------------

    \26\Sec. 1311 amended 10 U.S.C. 2350c.
---------------------------------------------------------------------------

SEC. 1312.\27\ COOPERATIVE AGREEMENTS WITH ALLIES. * * *
---------------------------------------------------------------------------

    \27\Sec. 1312(a) amended 10 U.S.C. 2341, relating to the authority 
to acquire logistic support, supplies, and services for elements of the 
armed forces deployed outside the United States. Sec. 1312 (b) amend 10 
U.S.C. 2347, relating to limiting liabilities that may be obligated or 
accrued by the United States during hostilities involving U.S. armed 
forces overseas.
---------------------------------------------------------------------------

SEC. 1313.\28\ AUTHORITY FOR GOVERNMENT OF OMAN TO RECEIVE EXCESS 
                    DEFENSE ARTICLES. * * *
---------------------------------------------------------------------------

    \28\Sec. 1313 amended sec. 516(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2321j(a)); see Legislation on Foreign Relations Through 
1997, vol. I-A.
---------------------------------------------------------------------------

SEC. 1314. REPORT ON POSSIBLE REVISIONS TO THE NORTH ATLANTIC TREATY.

    (a) Findings.--The Congress finds that--
          (1) when the North Atlantic Treaty was signed in 
        1949, the clear military threat to the security of 
        Western Europe was the Soviet Union and its allies in 
        Eastern Europe;
          (2) since 1949 it has been clearly understood by the 
        people of the Western World that the primary mission of 
        NATO was to deter an attack from the Soviet Bloc;
          (3) the dramatic changes in Europe since the fall of 
        the Berlin Wall in 1989, and the subsequent dissolution 
        of the Warsaw Pact and the Soviet Union have 
        fundamentally changed the security situation in Europe;
          (4) one of the consequences of the breakdown of 40 
        years of Communist rule in Eastern Europe and the 
        former Soviet Union has been ethnic conflict throughout 
        the region, particularly in the Balkans and the 
        Republics of the former Soviet Union;
          (5) those fundamental changes in the security threats 
        facing NATO member nations have caused confusion 
        concerning the mission of NATO in the post-cold war 
        world and the role of NATO military forces outside of 
        the NATO Theater, particularly in the former Soviet 
        Union;
          (6) if NATO is to continue to be relevant to the 
        security interests of Western Europe and North America 
        through the 1990's and beyond, the alliance's mission 
        must be recrafted in order to enable it to address 
        common transatlantic security concerns, including those 
        beyond NATO's geographic boundaries; and
          (7) a fundamental review of the North Atlantic Treaty 
        is necessary, in light of the new security situation in 
        Europe.
    (b) Report.--Not later than April 1, 1993, the President 
shall submit to Congress a report on the North Atlantic Treaty 
of 1949. The report shall include--
          (1) a detailed analysis of the forseeable threats to 
        the security of NATO member nations;
          (2) a determination whether the North Atlantic Treaty 
        of 1949 should be revised to meet the future challenges 
        to peace and security; and
          (3) the extent to which the NATO charter permits the 
        use of NATO forces for peacekeeping purposes, given the 
        steadily increased use of military forces for such 
        purposes, and the range of missions that should be 
        considered for such peacekeeping to protect the 
        interests of member nations

  Subtitle C--Matters Relating to the Former Soviet Union and Eastern 
                                 Europe

SEC. 1321.\29\ NUCLEAR WEAPONS REDUCTION.

    (a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
    \29\22 U.S.C. 5901 note.
---------------------------------------------------------------------------
          (1) On February 1, 1992, the President of the United 
        States and the President of the Russian Federation 
        agreed in a Joint Statement that ``Russia and the 
        United States do not regard each other as potential 
        adversaries'' and stated further that, ``We will work 
        to remove any remnants of cold war hostility, including 
        taking steps to reduce our strategic arsenals''.
          (2) In the Treaty on the Non-Proliferation of Nuclear 
        Weapons, in exchange for the non-nuclear-weapon states 
        agreeing not to seek a nuclear weapons capability nor 
        to assist other non-nuclear-weapon states in doing so, 
        the United States agreed to seek the complete 
        elimination of all nuclear weapons worldwide, as 
        declared in the preamble to the Treaty, which states 
        that it is a goal of the parties to the Treaty to 
        ``facilitate the cessation of the manufacture of 
        nuclear weapons, the liquidation of all their existing 
        stockpiles, and the elimination from national arsenals 
        of nuclear weapons and the means of their delivery'' as 
        well as in Article VI of the Treaty, which states that 
        ``each of the parties to the Treaty undertakes to 
        pursue negotiations in good faith on effective measures 
        relating to the cessation of the nuclear arms race at 
        an early date and to nuclear disarmament''.
          (3) Carrying out a policy of seeking further 
        significant and continuous reductions in the nuclear 
        arsenals of all countries, besides reducing the 
        likelihood of the proliferation of nuclear weapons and 
        increasing the likelihood of a successful extension and 
        possible strengthening of the Treaty on the Non-
        Proliferation of Nuclear Weapons in 1995, when the 
        Treaty is scheduled for review and possible extension, 
        has additional benefits to the national security of the 
        United States, including--
                  (A) a reduced risk of accidental enablement 
                and launch of a nuclear weapon, and
                  (B) a defense cost savings which could be 
                reallocated for deficit reduction or other 
                important national needs.
          (4) The Strategic Arms Reduction Talks (START) Treaty 
        and the agreement by the President of the United States 
        and the President of the Russian Federation on June 17, 
        1992, to reduce the strategic nuclear arsenals of each 
        country to a level between 3,000 and 3,500 weapons are 
        commendable intermediate stages in the process of 
        achieving the policy goals described in paragraphs (1) 
        and (2).
          (5) The current international era of cooperation 
        provides greater opportunities for achieving worldwide 
        reduction and control of nuclear weapons and material 
        than any time since the emergence of nuclear weapons 50 
        years ago.
          (6) It is in the security interests of both the 
        United States and the world community for the President 
        and the Congress to begin the process of reducing the 
        number of nuclear weapons in every country through 
        multilateral agreements and other appropriate means.
          (7) In a 1991 study, a committee of the National 
        Academy of Sciences concluded that: ``The appropriate 
        new levels of nuclear weapons cannot be specified at 
        this time, but it seems reasonable to the committee 
        that U.S. strategic forces could in time be reduced to 
        1,000-2,000 nuclear warheads, provided that such a 
        multilateral agreement included appropriate levels and 
        verification measures for the other nations that 
        possess nuclear weapons. This step would require 
        successful implementation of our proposed post-START 
        U.S.-Soviet reductions, related confidence-building 
        measures in all the countries involved, and 
        multilateral security cooperation in areas such as 
        conventional force deployments and planning.''.
    (b) United States Policy.--It shall be the goal of the 
United States--
          (1) to encourage and facilitate the denuclearization 
        of Ukraine, Byelarus, and Kazakhstan, as agreed upon in 
        the Lisbon ministerial meeting of May 23, 1992;
          (2) to rapidly complete and submit for ratification 
        by the United States the treaty incorporating the 
        agreement of June 17, 1992, between the United States 
        and the Russian Federation to reduce the number of 
        strategic nuclear weapons in each country's arsenal to 
        a level between 3,000 and 3,500;
          (3) to facilitate the ability of the Russian 
        Federation, Ukraine, Byelarus, and Kazakhstan to 
        implement agreed mutual reductions under the START 
        Treaty, and under the Joint Understanding of June 16-
        17, 1992 between the United States and the Russian 
        Federation, on an accelerated timetable, so that all 
        such reductions can be completed by the year 2000;
          (4) to build on the agreement reached in the Joint 
        Understanding of June 16-17, 1992, by entering into 
        multilateral negotiations with the Russian Federation, 
        the United Kingdom, France, and the People's Republic 
        of China, and, at an appropriate point in that process, 
        enter into negotiations with other nuclear armed states 
        in order to reach subsequent stage-by-stage agreements 
        to achieve further reductions in the number of nuclear 
        weapons in all countries;
          (5) to continue and extend cooperative discussions 
        with the appropriate authorities of the former Soviet 
        military on means to maintain and improve secure 
        command and control over nuclear forces;
          (6) in consultation with other member countries of 
        the North Atlantic Treaty Organization and other 
        allies, to initiate discussions to bring tactical 
        nuclear weapons into the arms control process; and
          (7) to ensure that the United States assistance to 
        securely transport and store, and ultimately dismantle, 
        former Soviet nuclear weapons and missiles for such 
        weapons is being properly and effectively utilized.
    (c) Annual Report.--By February 1 of each year, the 
President shall submit to the Congress a report on--
          (1) the actions that the United States has taken, and 
        the actions the United States plans to take during the 
        next 12 months, to achieve each of the goals set forth 
        in paragraphs (1) through (6) of subsection (b); and
          (2) the actions that have been taken by the Russian 
        Federation, by other former Soviet republics, and by 
        other countries to achieve those goals.
Each such report shall be submitted in unclassified form, with 
a classified appendix if necessary.

SEC. 1322.\30\ VOLUNTEERS INVESTING IN PEACE AND SECURITY (VIPS) 
                    PROGRAM.

    (a) Establishment of Program.--(1) Part II of subtitle A of 
title 10, United States Code, is amended by adding at the end 
the following new chapter: * * *
---------------------------------------------------------------------------
    \30\This subsection added new secs. 1801-1805 to 10 U.S.C. The 
sections were subsequently repealed by sec. 1061(a)(1) of Public Law 
104-106 (110 Stat. 442).
---------------------------------------------------------------------------
    (b)\31\ Reimbursement of Other Agencies.--The Secretary of 
Defense shall reimburse other departments and agencies for all 
costs, direct or indirect, of participation in the program 
established under chapter 89 of title 10, United States Code, 
as added by subsection (a).
---------------------------------------------------------------------------
    \31\10 U.S.C. 1801 note.
---------------------------------------------------------------------------
    (c)\31\ Study To Determine Program Need and Availability of 
Volunteers.--The Secretary of Defense shall conduct a study to 
assess the need for the program under chapter 89 of title 10, 
United States Code, as added by subsection (a), and the 
availability of volunteers to participate in that program. The 
Secretary shall--
          (1) in consultation with the Secretary of State, 
        conduct a survey, of a scope considered necessary by 
        the Secretary, to determine what technical skills may 
        be required within the independent states of the former 
        Soviet Union and the degree of need for these skills;
          (2) determine the potential availability of former 
        service members who are qualified in the required 
        technical skills in a manner and of a duration 
        considered necessary by the Secretary; and
          (3) maintain a registry of the skills and former 
        service members who volunteer to participate during the 
        study required in paragraphs (1) and (2).
    (d)\31\ Effective Date.--Chapter 89 of title 10, United 
States Code, as added by subsection (a), shall take effect on 
October 1, 1992.

Subtitle D--Matters Relating to the Middle East and Persian Gulf Region

SEC. 1331. REPORT ON THE UNITED STATES STRATEGIC POSTURE IN THE MIDDLE 
                    EAST AND PERSIAN GULF REGION.

    (a) Requirement for Report.--Not later than February 1, 
1993, the Secretary of Defense, together with the Secretary of 
State and the Director for Central Intelligence, shall submit 
to Congress a report on the United States strategic posture in 
the Middle East and Persian Gulf region.
    (b) Content of Report.--The report shall include an 
assessment of the following matters:
          (1) The adequacy of United States power projection 
        forces, strategic lift, forward deployed forces, 
        prepositioned materiel, and force sustainability 
        capabilities for protecting United States strategic 
        interests in the Middle East and the Persian Gulf 
        region in order to ensure the security needs of Israel, 
        Egypt, and Persian Gulf states friendly to the United 
        States.
          (2) United States policy, plans, and programs for 
        ensuring Israel's military and technological 
        superiority over potential threats.
          (3) United States capabilities for assisting Israel 
        in a military emergency and the adequacy of United 
        States military assistance and technology transfer for 
        ensuring that Israel has the capability to deter war 
        and to defend its territory with minimal risk and loss 
        of life.
          (4) The state of strategic cooperation between the 
        United States and Israel, including--
                  (A) a thorough assessment of options for 
                prepositioning in Israel appropriate defense 
                articles for use by the United States in the 
                region; and
                  (B) an assessment of United States policies, 
                plans, and programs for ensuring that maximum 
                advantage is taken of Israel's strategic 
                location and Israel's ability to provide unique 
                options regarding military technologies and 
                production.
          (5) The adequacy of United States power projection 
        forces, military assistance, arms transfers, and 
        cooperation arrangements for addressing Egypt's 
        security arrangements to deter outside threats and to 
        participate in regional security efforts with the 
        United States and other nations.
          (6) The adequacy of United States power projection 
        forces, military assistance, and arms transfers for 
        addressing the security requirements of the Gulf 
        Cooperation Council States.
          (7) The adequacy of the capabilities of the United 
        States and countries friendly to the United States for 
        deterring and defending against long-range missile 
        threats and the use of weapons of mass destruction in 
        the Middle East and the Persian Gulf region.
    (c) Intelligence Assessment.--As part of the report 
submitted pursuant to subsection (a), the Secretary of Defense 
shall provide a military threat assessment for the Middle East 
and Persian Gulf region. The intelligence assessment shall 
include a description of--
          (1) the overall military threat to United States 
        strategic interests in the Persian Gulf region;
          (2) the overall military threat to Israel and the 
        military threats to Israel from individual countries, 
        including an assessment of the Arab-Israeli military 
        balance and a discussion of the changes taking place in 
        that balance;
          (3) the military threats to Egypt;
          (4) the military threats to the Gulf Cooperation 
        Council States; and
          (5) the threats to United States interests and to 
        regional States friendly to the United States that 
        result from the proliferation of long-range missiles 
        and weapons of mass destruction.
    (d) Form of Report.--The report may be submitted in 
classified and unclassified forms.

SEC. 1332.\32\ PROHIBITION ON CONTRACTING WITH ENTITIES THAT COMPLY 
                    WITH THE SECONDARY ARAB BOYCOTT OF ISRAEL. * * *
---------------------------------------------------------------------------

    \32\Sec. 1332(a) added a new 10 U.S.C. 2410i, relating to the 
secondary boycott of Israel.
---------------------------------------------------------------------------

           Subtitle E--International Peacekeeping Activities

SEC. 1341. UNITED NATIONS PEACEKEEPING AND ENFORCEMENT REPORT.

    (a) Report Requested.--Not later than the date on which the 
President submits to Congress the budget for fiscal year 1994 
under section 1105 of title 31, United States Code, the 
President shall transmit to Congress a report on the proposals 
of the Secretary General of the United Nations contained in his 
report to the Security Council entitled ``Preventive Diplomacy, 
Peacemaking and Peacekeeping'', dated June 19, 1992.
    (b) Content of President's Report.--The President's report 
shall contain a comprehensive analysis and discussion of the 
proposals of the Secretary General, including, in particular, 
the following:
          (1) The proposal that contributions for peacekeeping 
        and related enforcement activities be funded out of the 
        National Defense function of the budget rather than the 
        ``Contributions to International Peacekeeping 
        Activities'' account of the Department of State.
          (2) The assignment of responsibilities within the 
        Executive branch if such contributions are funded, in 
        whole or in part, out of the National Defense function.
          (3) The proposal that the United States and other 
        member states of the United Nations negotiate special 
        agreements under Article 43 of the United Nations 
        Charter to provide for those states to make armed 
        forces, assistance, and facilities available to the 
        Security Council of the United Nations for the purposes 
        stated in Article 42 of that Charter, not only on an ad 
        hoc basis but on a permanent on-call basis for rapid 
        deployment under Security Council authorization.
          (4) The proposal that member states of the United 
        Nations commit to keep equipment specified by the 
        Secretary General available for immediate sale, loan, 
        or donation to the United Nations when required.
          (5) The proposal that member states of the United 
        Nations make airlift and sealift capacity available to 
        the United Nations free of cost or at lower than 
        commercial rates.
          (6) Such other information as may be necessary to 
        inform Congress on matters relating to the Secretary 
        General's proposals.

SEC. 1342.\33\ SUPPORT FOR PEACEKEEPING ACTIVITIES.

    (a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
    \33\10 U.S.C. 403 note.
---------------------------------------------------------------------------
          (1) International peacekeeping activities contribute 
        to the national interests of the United States in 
        maintaining global stability and order.
          (2) International peacekeeping activities take many 
        forms and include observer missions, ceasefire 
        monitoring, human rights monitoring, refugee and 
        humanitarian assistance, monitoring and conducting 
        elections, monitoring of police in the demobilization 
        of former combatants, and reforming judicial and other 
        civil and administrative systems of government.
          (3) International peacekeeping activities 
        traditionally involve the presence of military troops, 
        police forces, and, in recent years, civilian experts 
        in transportation, logistics, medicine, electoral 
        systems, human rights, land tenure, other economic and 
        social issues, and other areas of expertise.
          (4) International peacekeeping activities serve both 
        the foreign policy interests and defense policy 
        interests of the United States.
          (5) The normal budget process of authorizing and 
        appropriating funds a year in advance and reprogramming 
        such funds is insufficient to satisfy the need for 
        funds for peacekeeping efforts arising from an 
        unanticipated crisis.
          (6) Greater flexibility is needed to ensure the 
        timely availability of funding to provide for 
        peacekeeping activities.
    (b) Authorized Support for Fiscal Year 1993.--(1) Subject 
to paragraph (2), the Secretary may provide assistance for 
international peacekeeping activities during fiscal year 1993 
in an amount not to exceed $300,000,000 in accordance with 
section 403 of title 10, United States Code, as added by 
subsection (c). Notwithstanding subsection (b) of that section, 
the assistance so provided may be derived from funds 
appropriated to the Department of Defense for fiscal year 1993 
for operation and maintenance or from balances in working 
capital accounts.
    (2) No amount may be obligated pursuant to paragraph (1) 
unless the expenditure of such amount has been determined by 
the Director of the Office of Management and Budget to be 
counted against the defense category of the discretionary 
spending limits for fiscal year 1993 (as defined in section 
601(a)(2) of the Congressional Budget Act of 1974) for purposes 
of part C of the Balanced Budget and Emergency Deficit Control 
Act of 1985.
    (c)\34\ Authorization.--(1) Chapter 20 of title 10, United 
States Code, is amended by adding at the end the following new 
section: * * *
---------------------------------------------------------------------------
    \34\Sec. 1342(c)(1) added a new 10 U.S.C. 403. Sec. 403 was 
subsequently repealed by sec. 1061(g)(1) of Public Law 104-106 (110 
Stat. 443).
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       Subtitle F--Overseas Operation and Maintenance Activities

SEC. 1351.\35\ PROHIBITION ON PAYMENT OF SEVERANCE PAY TO CERTAIN 
                    FOREIGN NATIONALS IN THE PHILIPPINES.

    (a) Prohibition.--Funds available to the Department of 
Defense may not be used to pay severance pay to a foreign 
national employed by the Department of Defense in the Republic 
of the Philippines if the discontinuation of the employment of 
the foreign national is the result of the termination of basing 
rights of the United States military in the Republic of the 
Philippines.
---------------------------------------------------------------------------
    \35\10 U.S.C. 1592 note.
---------------------------------------------------------------------------
    (b) Prohibition on Allowance of Certain Severance Pay as 
Contract Costs.--Funds available to the Department of Defense 
may not be used to pay the costs of severance pay paid by a 
contractor to a foreign national employed by the contractor 
under a defense service contract in the Philippines if the 
discontinuation of the employment of the foreign national is 
the result of the termination of basing rights of the United 
States military in the Philippines.
          * * * * * * *

                       Subtitle G--Other Matters

SEC. 1363.\36\ REPORT ON PROLIFERATION OF MILITARY-BASED SATELLITES.

    (a) Report.--The Secretary of Defense shall submit to 
Congress a report on the foreign development of, acquisition 
of, or access to satellites with capabilities for military 
applications and the implications of such development, 
acquisition, or access for the United States. The report shall 
include the following:
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    \36\Sec. 220(d) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2697) provided the 
following:
    ``(d) Report.--The Secretary shall submit to Congress the report 
required by section 1363 of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2560).''.
    Sec. 1506 of the same Act (108 Stat. 2919), furthermore, provided 
the following:
    ``sec. 1506. restriction relating to submission of report on 
proliferation of foreign military satellites.
    ``None of the funds available to the Department of Defense may be 
expended for travel by the Assistant Secretary of Defense for 
International Security Policy until the Secretary of Defense submits to 
Congress the report required by section 1363 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 
2560).''.
    Sec. 211 of the National Defense Authorization Act for Fiscal Year 
1994 (Public Law 103-160; 107 Stat. 1584) provided the following:
    ``Sec. 211. kinetic energy antisatellite program.
    ``(a) Conversion of Program.--The Secretary of Defense shall 
convert the Kinetic Energy Antisatellite (KE-ASAT) Program to a 
tactical antisatellite technologies program.
    ``(b) Level Funding.--Of the amounts authorized to be appropriated 
in this title, $10,000,000 shall be available for fiscal year 1994 for 
engineering development under the program.
    ``(c) Development of Most Critical Technologies.--The amount 
referred to in subsection (b) shall be available for engineering 
development of the most critical antisatellite technologies.
    ``(d) Limitation Pending Submission of Report.--No funds 
appropriated to the Department of Defense for fiscal year 1994 may be 
obligated for the Kinetic Energy Antisatellite (KE-ASAT) program until 
the Secretary of Defense submits to Congress the report required by 
section 1363 of the National Defense Authorization Act for Fiscal Year 
1993 (Public Law 102-484; 106 Stat. 2560) that contains, in addition to 
the matter required by such section, the Secretary's certification that 
there is a requirement for an antisatellite program.''.
---------------------------------------------------------------------------
          (1) A description of the current military satellite 
        capability of Third World countries and other 
        countries, including the projected threat posed by such 
        capabilities to the United States in the future.
          (2) A description of the current and planned efforts 
        by the United States to develop an antisatellite 
        capability to counter the global proliferation of 
        satellites with capability for military applications.
          (3) A review of other measures that the United States 
        might use to counter the proliferation of such 
        satellites.
          (4) An assessment of the likelihood of any Third 
        World country capable of ownership or control of 
        satellites with capabilities for military applications 
        of being able to obtain or develop an effective 
        antisatellite capability.
          (5) An assessment of the military requirement of the 
        United States for antisatellite capabilities and a 
        description of the existing management structure in the 
        Government for the coordination of United States 
        antisatellite programs.
    (b) Submission of Report.--The report required by 
subsection (a) shall be submitted not later than 180 days after 
the date of the enactment of this Act. The report shall be 
submitted in unclassified form and, as necessary, in classified 
form.

SEC. 1364.\37\ REPORT ON INTERNATIONAL MINE CLEARING EFFORTS IN REFUGEE 
                    SITUATIONS.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \37\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. * * *
    ``(c) Reporting Requirements. The authority and duties vested in me 
to make certain reports to the Congress as provided in section 1097 of 
the National Defense Authorization Act for Fiscal Years 1992 and 1993 
and section 1364 of the National Defense Authorization Act for Fiscal 
Year 1993 are delegated to the Secretary of State.
    ``(d) Coordination Among Agencies. The Secretaries designated in 
this section shall exercise all functions delegated to them by this 
section in consultation with the Secretary of State, the Secretary of 
Defense, the Secretary of the Treasury, the Secretary of Commerce, the 
Director of the Arms Control and Disarmament Agency, and other 
departments and agencies as appropriate, utilizing the appropriate 
interagency groups prior to any determination to exercise prohibition 
authority delegated hereby.''.
    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).
---------------------------------------------------------------------------
          (1) an estimated 10-20 million mines are scattered 
        across Cambodia, Afghanistan, Somalia, Angola, and 
        other countries which have experienced conflict; and
          (2) refugee repatriation and other humanitarian 
        programs are being seriously hampered by the widespread 
        use of anti-personnel mines in regional conflicts and 
        civil wars.
    (b) Report.--(1) The President shall provide a report on 
international mine clearing efforts in situations involving the 
repatriation and resettlement of refugees and displaced 
persons.
    (2) The report shall include the following:
          (A) An assessment of mine clearing needs in countries 
        to which refugees and displaced persons are now 
        returning, or are likely to return within the near 
        future, including Cambodia, Angola, Afghanistan, 
        Somalia and Mozambique, and an assessment of current 
        international efforts to meet the mine clearing needs 
        in the countries covered by the report.
          (B) An analysis of the specific types of mines in the 
        individual countries assessed and the availability of 
        technology and assets within the international 
        community for their removal.
          (C) An assessment of what additional technologies and 
        assets would be required to complete, expedite or 
        reduce the costs of mine clearing efforts.
          (D) An evaluation of the availability of technologies 
        and assets within the United States Government which, 
        if called upon, could be employed to augment or 
        complete mine clearing efforts in the countries covered 
        by the report.
          (E) An evaluation of the desirability, feasibility 
        and potential cost of United States assistance on 
        either a unilateral or multilateral basis in such mine 
        clearing operations.
    (3) The report shall be submitted to the Congress not later 
than 180 days after the date of the enactment of this Act.

SEC. 1365.\38\ LANDMINE EXPORT MORATORIUM.

    (a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
    \38\22 U.S.C. 2778 note. Effective November 25, 1992, the 
Department of State suspended ``all licenses, approvals, sales or 
transfers of landmines specifically designed for anti-personnel use, 
regardless of method of delivery'', and furthermore, ``all existing 
authorizations for the sale, export, or transfer of such defense 
articles are revoked until further notice'' pursuant to this section 
and to secs. 2, 38, and 42 of the AECA [Department of State Public 
Notice 1727; November 25, 1992; 57 F.R. 55614].
    See also sec. 1423 of Public Law 103-160.
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          (1) Anti-personnel landmines, which are specifically 
        designed to maim and kill people, have been used 
        indiscriminately in dramatically increasing numbers, 
        primarily in insurgencies in poor developing countries. 
        Noncombatant civilians, including tens of thousands of 
        children, have been the primary victims.
          (2) Unlike other military weapons, landmines often 
        remain implanted and undiscovered after conflict has 
        ended, causing untold suffering to civilian 
        populations. In Afghanistan, Cambodia, Laos, Vietnam, 
        and Angola, tens of millions of unexploded landmines 
        have rendered whole areas uninhabitable. In 
        Afghanistan, an estimated hundreds of thousands of 
        people have been maimed and killed by landmines during 
        the 14-year civil war. In Cambodia, more than 20,000 
        civilians have lost limbs and another 60 are being 
        maimed each month from landmines.
          (3) Over 35 countries are known to manufacture 
        landmines, including the United States. However, the 
        United States is not a major exporter of landmines. 
        During the past ten years the Department of State has 
        approved ten licenses for the commercial export of 
        anti-personnel landmines valued at $980,000, and during 
        the past five years the Department of Defense has 
        approved the sale of 13,156 anti-personnel landmines 
        valued at $841,145.
          (4) The United States signed, but has not ratified, 
        the 1981 Convention on Prohibitions or Restrictions on 
        the Use of Certain Conventional Weapons Which May Be 
        Deemed To Be Excessively Injurious or To Have 
        Indiscriminate Effects. The Convention prohibits the 
        indiscriminate use of landmines.
          (5) When it signed the Convention, the United States 
        stated: ``We believe that the Convention represents a 
        positive step forward in efforts to minimize injury or 
        damage to the civilian population in time of armed 
        conflict. Our signature of the Convention reflects the 
        general willingness of the United States to adopt 
        practical and reasonable provisions concerning the 
        conduct of military operations, for the purpose of 
        protecting noncombatants.''.
          (6) The President should submit the Convention to the 
        Senate for its advice and consent to ratification, and 
        the President should actively negotiate under United 
        Nations auspices or other auspices an international 
        agreement, or a modification of the Convention, to 
        prohibit the sale, transfer or export of anti-personnel 
        landmines. Such an agreement or modification would be 
        an appropriate response to the end of the Cold War and 
        the promotion of arms control agreements to reduce the 
        indiscriminate killing and maiming of civilians.
          (7) The United States should set an example for other 
        countries in such negotiations, by implementing a one-
        year moratorium on the sale, transfer or export of 
        anti-personnel landmines.
    (b) Statement of Policy.--(1) It shall be the policy of the 
United States to seek verifiable international agreements 
prohibiting the sale, transfer, or export, and further limiting 
the use, production, possession, and deployment of anti-
personnel landmines.
    (2) It is the sense of the Congress that the President 
should actively seek to negotiate under United Nations auspices 
or other auspices an international agreement, or a modification 
of the Convention, to prohibit the sale, transfer, or export of 
anti-personnel landmines.
    (c) Moratorium on Transfers of Anti-Personnel Landmines 
Abroad.--During the eight-year period beginning on October 23, 
1992--\39\
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    \39\Sec. 1423(c) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1832) struck out ``For 
a period of one year beginning on the date of the enactment of this 
Act'' and inserted in lieu thereof ``During the four-year period 
beginning on October 23, 1992''.
    Sec. 558 of Public Law 104-107 (110 Stat. 743) struck out ``During 
the four-year period beginning on October 23, 1992--'' and inserted in 
lieu thereof ``During the five-year period beginning on October 23, 
1992--''. Sec. 556 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 ``During the five-year period beginning on 
October 23, 1992'' and inserted in lieu thereof ``During the eight-year 
period beginning on October 23, 1992''. That section also provided the 
following:
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                              ``LANDMINES
---------------------------------------------------------------------------
    ``Sec. 556. 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 clearing 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, * * *''.
---------------------------------------------------------------------------
          (1) no sale may be made or financed, no transfer may 
        be made, and no license for export may be issued, under 
        the Arms Export Control Act, with respect to any anti-
        personnel landmine; and
          (2) no assistance may be provided under the Foreign 
        Assistance Act of 1961, with respect to the provision 
        of any anti-personnel landmine.
    (d)\40\ Definition.--For purposes of this section, the term 
``anti-personnel landmine'' means--
---------------------------------------------------------------------------
    \40\Sec. 1182(c)(3) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1772) struck out ``(e) 
Definition.--'' and inserted in lieu thereof ``(d) Definition.--''.
---------------------------------------------------------------------------
          (1) any munition placed under, on, or near the ground 
        or other surface area, or delivered by artillery, 
        rocket, mortar, or similar means or dropped from an 
        aircraft and which is designed to be detonated or 
        exploded by the presence, proximity, or contact of a 
        person;
          (2) any device or material which is designed, 
        constructed, or adapted to kill or injure and which 
        functions unexpectedly when a person disturbs or 
        approaches an apparently harmless object or performs an 
        apparently safe act;
          (3) any manually-emplaced munition or device designed 
        to kill, injure, or damage and which is actuated by 
        remote control or automatically after a lapse of time.

         TITLE XIV--DEMILITARIZATION OF THE FORMER SOVIET UNION

                        Subtitle A--Short Title

SEC. 1401.\41\ SHORT TITLE.

    This title may be cited as the ``Former Soviet Union 
Demilitarization Act of 1992''.
---------------------------------------------------------------------------
    \41\22 U.S.C. 5901 note.
---------------------------------------------------------------------------

               Subtitle B--Findings and Program Authority

SEC. 1411.\42\ DEMILITARIZATION OF THE INDEPENDENT STATES OF THE FORMER 
                    SOVIET UNION.

    The Congress finds that it is in the national security 
interest of the United States--
---------------------------------------------------------------------------
    \42\22 U.S.C. 5901.
---------------------------------------------------------------------------
          (1) to facilitate, on a priority basis--
                  (A) the transportation, storage, 
                safeguarding, and destruction of nuclear and 
                other weapons of the independent states of the 
                former Soviet Union, including the safe and 
                secure storage of fissile materials, 
                dismantlement of missiles and launchers, and 
                the elimination of chemical and biological 
                weapons capabilities;
                  (B) the prevention of proliferation of 
                weapons of mass destruction and their 
                components and destabilizing conventional 
                weapons of the independent states of the former 
                Soviet Union, and the establishment of 
                verifiable safeguards against the proliferation 
                of such weapons;
                  (C) the prevention of diversion of weapons-
                related scientific expertise of the former 
                Soviet Union to terrorist groups or third 
                countries; and
                  (D) other efforts designed to reduce the 
                military threat from the former Soviet Union;
          (2) to support the demilitarization of the massive 
        defense-related industry and equipment of the 
        independent states of the former Soviet Union and 
        conversion of such industry and equipment to civilian 
        purposes and uses; and
          (3) to expand military-to-military contacts between 
        the United States and the independent states of the 
        former Soviet Union.

SEC. 1412.\43\ AUTHORITY FOR PROGRAMS TO FACILITATE DEMILITARIZATION.

    (a) In General.--Notwithstanding any other provision of 
law, the President is authorized,\44\ in accordance with this 
title, to establish and conduct programs described in 
subsection (b) to assist the demilitarization of the 
independent states of the former Soviet Union.
---------------------------------------------------------------------------
    \43\22 U.S.C. 5902. See also sec. 1203 of Public Law 103-160.
    \44\In a memorandum of December 30, 1992, for the Secretaries of 
State and Defense, and the Director, OMB, the President delegated 
authority established in sec. 502 of the FREEDOM Support Act and in 
sec. 1412(d) of Public Law 102-484 to the Secretary of State. The 
President further delegated authority in secs. 1412(a), 1431, and 1432 
of this Act, and in secs. 503 and 508 of the FREEDOM Support Act to the 
Secretary of Defense. That memorandum further provided that: ``The 
Secretary of Defense shall not exercise authority delegated * * * with 
respect to any former Soviet republic unless the Secretary of State has 
exercised his authority and performed the duty delegated * * * with 
respect to that former Soviet Republic. The Secretary of Defense shall 
not obligated funds in the exercise of authority delegated * * * unless 
the Director of the Office of Management and Budget has determined that 
expenditures during fiscal year 1993 pursuant to such obligation shall 
be counted against the defense category of discretionary spending 
limits for that fiscal year (as defined in section 601(a)(2) of the 
Congressional Budget Act of 1974) for purposes of Part C of the 
Balanced Budget and Emergency Deficit Control Act of 1985.'' (58 F.R. 
3193; January 8, 1993).
---------------------------------------------------------------------------
    (b) Types of Programs.--The programs referred to in 
subsection (a) are limited to--
          (1) transporting, storing, safeguarding, and 
        destroying nuclear, chemical, and other weapons of the 
        independent states of the former Soviet Union, as 
        described in section 212(b) of the Soviet Nuclear 
        Threat Reduction Act of 1991 (title II of Public Law 
        102-228);
          (2) establishing verifiable safeguards against the 
        proliferation of such weapons and their components;
          (3) preventing diversion of weapons-related 
        scientific expertise of the former Soviet Union to 
        terrorist groups or third countries;
          (4) facilitating the demilitarization of the defense 
        industries of the former Soviet Union and the 
        conversion of military technologies and capabilities 
        into civilian activities;
          (5) establishing science and technology centers in 
        the independent states of the former Soviet Union for 
        the purpose of engaging weapons scientists, engineers, 
        and other experts previously involved with nuclear, 
        chemical, and other weapons in productive, nonmilitary 
        undertakings; and
          (6) expanding military-to-military contacts between 
        the United States and the independent states of the 
        former Soviet Union.
    (c) United States Participation.--The programs described in 
subsection (b) should, to the extent feasible, draw upon United 
States technology and expertise, especially from the United 
States private sector.
    (d) Restrictions.--United States assistance authorized by 
subsection (a) may not be provided unless the President 
certifies to the Congress,\44\ on an annual basis, that the 
proposed recipient country is committed to--
          (1) making a substantial investment of its resources 
        for dismantling or destroying such weapons of mass 
        destruction, if such recipient has an obligation under 
        a treaty or other agreement to destroy or dismantle any 
        such weapons;
          (2) forgoing any military modernization program that 
        exceeds legitimate defense requirements and forgoing 
        the replacement of destroyed weapons of mass 
        destruction;
          (3) forgoing any use in new nuclear weapons of 
        fissionable or other components of destroyed nuclear 
        weapons;
          (4) facilitating United States verification of any 
        weapons destruction carried out under this title or 
        section 212 of the Soviet Nuclear Threat Reduction Act 
        of 1991 (title II of Public Law 102-228);
          (5) complying with all relevant arms control 
        agreements; and
          (6) observing internationally recognized human 
        rights, including the protection of minorities.

           Subtitle C--Administrative and Funding Authorities

SEC. 1421.\45\ ADMINISTRATION OF DEMILITARIZATION PROGRAMS.

    (a) Funding.--(1) In recognition of the direct 
contributions to the national security interests of the United 
States of the activities specified in section 1412, funds 
transferred under sections 108 and 109 of Public Law 102-229 
(105 Stat. 1708)\46\ are authorized to be made available to 
carry out this title. Of the amount available to carry out this 
title--
---------------------------------------------------------------------------
    \45\22 U.S.C. 5911.
    \46\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. F.
---------------------------------------------------------------------------
          (A) not more than $40,000,000 may be made available 
        for programs referred to in section 1412(b)(4) relating 
        to demilitarization of defense industries;
          (B) not more than $15,000,000 may be made available 
        for programs referred to in section 1412(b)(6) relating 
        to military-to-military contacts;
          (C) not more than $25,000,000 may be made available 
        for joint research development programs pursuant to 
        section 1441;
          (D) not more than $10,000,000 may be made available 
        for the study, assessment, and identification of 
        nuclear waste disposal activities by the former Soviet 
        Union in the Arctic region;
          (E) not more than $25,000,000 may be made available 
        for Project PEACE; and
          (F) not more than $10,000,000 may be made available 
        for the Volunteers Investing in Peace and Security 
        (VIPS) program under chapter 89 of title 10, United 
        States Code, as added by section 1322.
    (2) Section 221(a) of the Soviet Nuclear Threat Reduction 
Act of 1991 (title II of Public Law 102-228; 105 Stat. 
1695)\46\ is amended--
          (A) by striking out ``fiscal year 1992'' and 
        inserting ``fiscal years 1992 and 1993''; and
          (B) by striking out ``$400,000,000'' and inserting in 
        lieu thereof ``$800,000,000''.
    (3) Section 221(e) of such Act is amended--
          (A) by inserting ``for fiscal year 1992 or fiscal 
        year 1993'' after ``under part B'';
          (B) by inserting ``for that fiscal year'' after ``for 
        that program''; and
          (C) by striking out ``for fiscal year 1992'' and 
        inserting in lieu thereof ``for that fiscal year''.
    (b) Technical Revisions to Public Law 102-229.--Public Law 
102-229\46\ is amended--
          (1) in section 108 (105 Stat. 1708), by striking out 
        ``contained in H.R. 3807, as passed the Senate on 
        November 25, 1991'' and inserting in lieu thereof 
        ``(title II of Public Law 102-228)''; and
          (2) in section 109 (105 Stat. 1708)--
                  (A) by striking out ``H.R. 3807, as passed 
                the Senate on November 25, 1991'' and inserting 
                in lieu thereof ``Public Law 102-228 (105 Stat. 
                1696)''; and
                  (B) by striking ``of H.R. 3807''.

                   Subtitle D--Reporting Requirements

SEC. 1431.\47\ PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.

    (a) In General.--Not less than 15 days before obligating 
any funds made available for a program under this title, the 
President shall transmit to the Congress a report\48\ on the 
proposed obligation. Each such report shall specify--
---------------------------------------------------------------------------
    \47\22 U.S.C. 5921.
    \48\In a memorandum of December 30, 1992, for the Secretaries of 
State and Defense, and the Director, OMB, the President delegated 
authority established in sec. 502 of the FREEDOM Support Act and in 
sec. 1412(d) of Public Law 102-484 to the Secretary of State. The 
President further delegated authority in secs. 1412(a), 1431, and 1432 
of this Act, and in secs. 503 and 508 of the FREEDOM Support Act to the 
Secretary of Defense. That memorandum further provided that: ``The 
Secretary of Defense shall not exercise authority delegated * * * with 
respect to any former Soviet republic unless the Secretary of State has 
exercised his authority and performed the duty delegated * * * with 
respect to that former Soviet Republic. The Secretary of Defense shall 
not obligated funds in the exercise of authority delegated * * * unless 
the Director of the Office of Management and Budget has determined that 
expenditures during fiscal year 1993 pursuant to such obligation shall 
be counted against the defense category of discretionary spending 
limits for that fiscal year (as defined in section 601(a)(2) of the 
Congressional Budget Act of 1974) for purposes of Part C of the 
Balanced Budget and Emergency Deficit Control Act of 1985.'' (58 F.R. 
3193; January 8, 1993).
---------------------------------------------------------------------------
          (1) the account, budget activity, and particular 
        program or programs from which the funds proposed to be 
        obligated are to be derived and the amount of the 
        proposed obligation; and
          (2) the activities and forms of assistance under this 
        title for which the President plans to obligate such 
        funds, including the projected involvement of United 
        States Government departments and agencies and the 
        United States private sector.
    (b) Industrial Demilitarization.--Any report under 
subsection (a) that covers proposed industrial demilitarization 
projects shall contain additional information to assist the 
Congress in determining the merits of the proposed projects. 
Such information shall include descriptions of--
          (1) the facilities to be demilitarized;
          (2) the types of activities conducted at those 
        facilities and of the types of nonmilitary activities 
        planned for those facilities;
          (3) the forms of assistance to be provided by the 
        United States Government and by the United States 
        private sector;
          (4) the extent to which military production 
        capability will consequently be eliminated at those 
        facilities; and
          (5) the mechanisms to be established for monitoring 
        progress on those projects.

SEC. 1432.\49\ QUARTERLY REPORTS ON PROGRAMS.

    Not later than 30 days after the end of the last fiscal 
year quarter of fiscal year 1992 and not later than 30 days 
after the end of each fiscal year quarter of fiscal year 1993, 
the President shall transmit to the Congress a report\48\ on 
the activities carried out under this title. Each such report 
shall set forth, for the preceding fiscal year quarter and 
cumulatively, the following:
---------------------------------------------------------------------------
    \49\22 U.S.C. 5922.
---------------------------------------------------------------------------
          (1) The amounts expended for such activities and the 
        purposes for which they were expended.
          (2) The source of the funds obligated for such 
        activities, specified by program.
          (3) A description of the participation of all United 
        States Government departments and agencies and the 
        United States private sector in such activities.
          (4) A description of the activities carried out under 
        this title and the forms of assistance provided under 
        this title, including, with respect to proposed 
        industrial demilitarization projects, additional 
        information on the progress toward demilitarization of 
        facilities and the conversion of the demilitarized 
        facilities to civilian activities.
          (5) Such other information as the President considers 
        appropriate to fully inform the Congress concerning the 
        operation of the programs authorized under this title.

          Subtitle E--Joint Research and Development Programs

SEC. 1441.\50\ PROGRAMS WITH STATES OF FORMER SOVIET UNION.

    The Congress encourages the Secretary of Defense to 
participate actively in joint research and development programs 
with the independent states of the former Soviet Union through 
the nongovernmental foundation established for this purpose by 
section 511 of the Freedom for Russia and Emerging Eurasian 
Democracies and Open Markets Support Act of 1992 (Public Law 
102-511; 106 Stat. 3345; 22 U.S.C. 5861).\51\ To that end, the 
Secretary of Defense may spend those funds authorized in 
section 1421(a)(1)(C) for support, technical cooperation, in-
kind assistance, and other activities with the following 
purposes:
---------------------------------------------------------------------------
    \50\22 U.S.C. 5931.
    \51\Sec. 1182(c)(4) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1772) struck out ``the 
FREEDOM Support Act of 1992'' and inserted in lieu thereof ``the 
Freedom for Russia and Emerging Eurasian Democracies and Open Markets 
Support Act of 1992 (Public Law 102-511; 106 Stat. 3345; 22 U.S.C. 
5861)''.
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          (1) To advance defense conversion by funding civilian 
        collaborative research and development projects between 
        scientists and engineers in the United States and in 
        the independent states of the former Soviet Union.
          (2) To assist the establishment of a market economy 
        in the independent states of the former Soviet Union by 
        promoting, identifying, and partially funding joint 
        research, development, and demonstration ventures 
        between United States businesses and scientists, 
        engineers, and entrepreneurs in those independent 
        states.
          (3) To provide a mechanism for scientists, engineers, 
        and entrepreneurs in the independent states of the 
        former Soviet Union to develop an understanding of 
        commercial business practices by establishing linkages 
        to United States scientists, engineers, and businesses.
          (4) To provide access for United States businesses to 
        sophisticated new technologies, talented researchers, 
        and potential new markets within the independent states 
        of the former Soviet Union.
          (5) To provide productive research and development 
        opportunities within the independent states of the 
        former Soviet Union that offer scientists and engineers 
        alternatives to emigration and help prevent 
        proliferation of weapons technologies and the 
        dissolution of the technological infrastructure of 
        those states.

                       TITLE XV--NONPROLIFERATION

SEC. 1501. SHORT TITLE.

    This title may be cited as the ``Weapons of Mass 
Destruction Control Act of 1992''.

SEC. 1502. SENSE OF CONGRESS.

    It is the sense of the Congress that--
          (1) the proliferation (A) of nuclear, biological, and 
        chemical weapons (hereinafter in this title referred to 
        as ``weapons of mass destruction'') and related 
        technology and knowledge and (B) of missile delivery 
        systems remains one of the most serious threats to 
        international peace and the national security of the 
        United States in the post-cold war era;
          (2) the proliferation of nuclear weapons, given the 
        extraordinary lethality of those weapons, is of 
        particularly serious concern;
          (3) the nonproliferation policy of the United States 
        should continue to seek to limit both the supply of and 
        demand for weapons of mass destruction and to reduce 
        the existing threat from proliferation of such weapons;
          (4) substantial funding of nonproliferation 
        activities by the United States is essential to 
        controlling the proliferation of all weapons of mass 
        destruction, especially nuclear weapons and missile 
        delivery systems;
          (5) the President's nonproliferation policy statement 
        of June 1992, and his September 10, 1992, initiative to 
        increase funding for nonproliferation activities in the 
        Department of Energy are praiseworthy;
          (6) the Congress is committed to cooperating with the 
        President in carrying out an effective policy designed 
        to control the proliferation of weapons of mass 
        destruction;
          (7) the President should identify a full range of 
        appropriate, high priority nonproliferation activities 
        that can be undertaken by the United States and should 
        include requests for full funding for those activities 
        in the budget submission for fiscal year 1994;
          (8) the Department of Defense and the Department of 
        Energy have unique expertise that can further enhance 
        the effectiveness of international nonproliferation 
        activities;
          (9) under the guidance of the President, the 
        Secretary of Defense and the Secretary of Energy should 
        continue to actively assist in United States 
        nonproliferation activities and in formulating and 
        executing United States nonproliferation policy, 
        emphasizing activities such as improved capabilities 
        (A) to detect and monitor proliferation, (B) to respond 
        to terrorism, theft, and accidents involving weapons of 
        mass destruction, and (C) to assist with interdiction 
        and destruction of weapons of mass destruction and 
        related weapons material; and
          (10) in a manner consistent with United States 
        nonproliferation policy, the Department of Defense and 
        the Department of Energy should continue to maintain 
        and to improve their capabilities to identify, monitor, 
        and respond to proliferation of weapons of mass 
        destruction and missile delivery systems.

SEC. 1503. REPORT ON DEPARTMENT OF DEFENSE AND DEPARTMENT OF ENERGY 
                    NONPROLIFERATION ACTIVITIES.

    (a) Report Required.--The Secretary of Defense and the 
Secretary of Energy shall jointly submit to the committees of 
Congress named in subsection (d)(1) a report describing the 
role of the Department of Defense and the Department of Energy 
with respect to the nonproliferation policy of the United 
States.
    (b) Matters To Be Covered in Report.--The report shall--
          (1) address how the Secretary of Defense integrates 
        and coordinates existing intelligence and military 
        capabilities of the Department of Defense and how the 
        Secretary of Energy integrates and coordinates the 
        intelligence and emergency response capabilities of the 
        Department of Energy in support of the nonproliferation 
        policy of the United States;
          (2) identify existing and planned capabilities within 
        the Department of Defense, including particular 
        capabilities of the military services, and the 
        Department of Energy to (A) detect and monitor 
        clandestine weapons of mass destruction programs, (B) 
        respond to terrorism or accidents involving such 
        weapons and to theft of related weapons materials, and 
        (C) assist with interdiction and destruction of weapons 
        of mass destruction and related weapons materials;
          (3) describe, for the Department of Defense, the 
        degree to which the Secretary of Defense has 
        incorporated a nonproliferation mission into the 
        overall mission of the unified combatant commands and 
        how the Special Operations Command might support the 
        commanders of the unified and specified commands in 
        that mission;
          (4) consider the appropriate roles of the Defense 
        Advance Research Projects Agency (DARPA), the Defense 
        Nuclear Agency (DNA), the On-Site-Inspection Agency 
        (OSIA), and other Department of Defense agencies, as 
        well as the national laboratories of the Department of 
        Energy, in providing technical assistance and support 
        for the efforts of the Department of Defense and the 
        Department of Energy with respect to nonproliferation; 
        and
          (5) identify existing and planned mechanisms for 
        improving the integration of Department of Defense and 
        Department of Energy nonproliferation activities with 
        those of other Federal departments and agencies.
    (c) Coordination With Other Agencies.--The report required 
by subsection (a) shall, for purposes of subsection (b)(5), be 
coordinated with the heads of other appropriate departments and 
agencies.
    (d) Submission of Report.--(1) The report required by 
subsection (a) shall be submitted--
          (A) to the Committee on Armed Services and the 
        Committee on Foreign Relations of the Senate; and
          (B) to the Committee on Armed Services, the Committee 
        on Foreign Affairs, and the Committee on Energy and 
        Commerce of the House of Representatives.\52\
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    \52\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. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations; 
and sec. 1(a)(4) provided that references to the Committee on Energy 
and Commerce shall be treated as referring to the Committee on 
Commerce.
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    (2) The report shall be submitted not later than 180 days 
after the date of enactment of this Act and shall be submitted 
in unclassified form and, as necessary, in classified form.

SEC. 1504. NONPROLIFERATION TECHNOLOGY INITIATIVE.

    (a) Funds for Department of Defense Activities.--
          (1) Of the amount appropriated pursuant to section 
        103(3) for Other Procurement, Air Force, $5,000,000 
        shall be available for the AFTAC Chem/Biological 
        Collection/Processing program.
          (2) Of the amount appropriated pursuant to section 
        201(3) for Research, Development, Test, and Evaluation, 
        Air Force, $6,500,000 shall be available for the Joint 
        Seismic Program.
          (3) Of the amount appropriated pursuant to section 
        201(4) for Research, Development, Test, and Evaluation, 
        Defense Agencies--
                  (A) $11,600,000 shall be available for LIDAR,
                  (B) $5,000,000 shall be available for Seismic 
                programs of the Defense Advanced Research 
                Projects Agency, and
                  (C) $15,000,000 shall be available for 
                Nuclear Proliferation Detection Technology 
                programs of the Defense Advanced Research 
                Projects Agency.
    (b) Funds for Department of Energy Activities.--Of the 
amount appropriated pursuant to section 3104(a)(2) for 
Verification and Control Technologies, $86,000,000 shall be 
available for nuclear nonproliferation detection technologies 
and activities. Of such amount, not more than $30,000,000 may 
be obligated until the report required by section 1503 is 
submitted.

SEC. 1505.\53\ INTERNATIONAL NONPROLIFERATION INITIATIVE.

    (a) Assistance for International Nonproliferation 
Activities.--Subject to the limitations and requirements 
provided in this section,\54\ the Secretary of Defense, under 
the guidance of the President, may provide assistance to 
support international nonproliferation activities.
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    \53\22 U.S.C. 5859a.
    \54\Sec. 1602(a) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1843) struck out 
``fiscal year 1993'' and inserted in lieu thereof ``fiscal year 1994'' 
in subsecs. (a), (d)(1), and (e). Sec. 1501(a)(1) of the National 
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 
Stat. 2914) struck out ``during fiscal year 1994'' in subsec. (a) and 
inserted in lieu thereof ``during fiscal years 1994 and 1995'', and in 
subsec. (e)(1) struck out ``fiscal year 1994'' and inserted in lieu 
thereof ``fiscal years 1994 and 1995''. Sec. 1403(a)(1) of Public Law 
104-106 (110 Stat. 489) struck out ``during fiscal years 1994 and 
1995'', and sec. 1403(a)(2) of that Act amended sec. (e)(1) by striking 
out ``fiscal years 1994 and 1995'' and inserting in lieu thereof ``a 
fiscal year during which the authority of the Secretary of Defense to 
provide assistance under this section is in effect''.
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    (b) Activities for Which Assistance May Be Provided.--
Activities for which assistance may be provided under this 
section are activities such as the following:
          (1) Activities carried out by international 
        organizations\55\ that are designed to ensure more 
        effective safeguards against\56\ proliferation and more 
        effective\57\ verification of compliance with 
        international agreements on nonproliferation.\58\
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    \55\Sec. 1501(b)(1)(A) of Public Law 103-337 (108 Stat. 2914) 
struck out ``the International Atomic Energy Agency (IAEA)'' and 
inserted in lieu thereof ``international organizations''.
    \56\Sec. 1501(b)(1)(B) of Public Law 103-337 (108 Stat. 2914) 
struck out ``nuclear'' before ``proliferation''.
    \57\Sec. 1501(b)(1)(C) of Public Law 103-337 (108 Stat. 2914) 
struck out ``aggressive'' and inserted in lieu thereof ``effective''.
    \58\Sec. 1501(b)(1)(D) of Public Law 103-337 (108 Stat. 2914) 
struck out ``the Treaty on the Non-Proliferation of Nuclear Weapons, 
done on July 1, 1968.'' and inserted in lieu thereof ``international 
agreements on nonproliferation.''.
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          (2) Activities of the Department of Defense\59\ in 
        support of the United Nations Special Commission on 
        Iraq.
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    \59\Sec. 1403(b)(1) of Public Law 104-106 (110 Stat. 489) struck 
out ``the On-Site Inspection Agency'' and inserted ``the Department of 
Defense'' in subsecs. (b)(2) and (d)(3).
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          (3) Collaborative international nuclear security and 
        nuclear safety projects to combat the threat of nuclear 
        theft, terrorism, or accidents, including joint 
        emergency response exercises, technical assistance, and 
        training.
          (4) Efforts to improve international cooperative 
        monitoring of nuclear, biological, chemical, and 
        missile proliferation through technical projects and 
        improved information sharing.\60\
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    \60\Sec. 1501(b)(2) of Public Law 103-337 (108 Stat. 2914) struck 
out ``nuclear proliferation through joint technical projects and 
improved intelligence sharing'' and inserted in lieu thereof ``nuclear, 
biological, chemical, and missile proliferation through technical 
projects and improved information sharing''.
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    (c) Form of Assistance.--(1) Assistance under this section 
may include funds and in-kind contributions of supplies, 
equipment, personnel, training, and other forms of assistance.
    (2) Assistance under this section may be provided to 
international organizations in the form of funds only if the 
amount in the ``Contributions to International Organizations'' 
account of the Department of State is insufficient or otherwise 
unavailable to meet the United States fair share of assessments 
for international nuclear nonproliferation activities.
    (3) No amount may be obligated for an expenditure under 
this section unless the Director of the Office of Management 
and Budget determines that the expenditure will be counted as 
discretionary spending in the national defense budget function 
(function 050).\61\
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    \61\Sec. 1403(b)(2) of Public Law 104-106 (110 Stat. 490) struck 
out ``will be counted against the defense category of the discretionary 
spending limits for fiscal year 1993 (as defined in section 601(a)(2) 
of the Congressional Budget Act of 1974) for purposes of part C of the 
Balanced Budget and Emergency Deficit Control Act of 1985.'' and 
inserted in lieu thereof ``will be counted as discretionary spending in 
the national defense budget function (function 050).''.
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    (4) No assistance may be furnished under this section 
unless the Secretary of Defense determines and certifies to the 
Congress 30 days in advance that the provision of such 
assistance--
          (A) is in the national security interest of the 
        United States; and
          (B) will not adversely affect the military 
        preparedness of the United States.
    (5) The authority to provide assistance under this section 
in the form of funds may be exercised only to the extent and in 
the amounts provided in advance in appropriations Act.
    (d) Sources of Assistance.--(1) Funds provided as 
assistance under this section for any fiscal year shall be 
derived from amounts made available to the Department of 
Defense for that fiscal year.\62\ Funds provided as assistance 
under this section for a fiscal year\63\ may also be derived 
from balances in working capital accounts of the Department of 
Defense.
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    \62\Sec. 1403(c)(1)(A) of Public Law 104-106 (110 Stat. 490) 
amended and restated the first two sentences of subsec. (d)(1). 
Previously, sec. 1501(c)(1) of Public Law 103-337 (108 Stat. 2914) 
amended the subsection.
    See also footnote 51.
    \63\Sec. 1403(c)(1)(B) of Public Law 104-106 (110 Stat. 490) struck 
out `` referred to in this paragraph'' after ``for a fiscal year''.
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    (2) Supplies and equipment provided as assistance under 
this section may be provided, by loan or donation, from 
existing stocks of the Department of Defense and the Department 
of Energy.
    (3) The total amount of the assistance provided in the form 
of funds under this section,\64\ including funds used for 
activities of the Department of Defense\59\ in support of the 
United Nations Special Commission on Iraq,\65\ may not exceed 
$25,000,000 for fiscal year 1994, $20,000,000 for fiscal year 
1995, $15,000,000 for fiscal year 1996, $15,000,000 for fiscal 
year 1997, or $15,000,000 for fiscal year 1998.
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    \64\Sec. 1501(c)(2) of Public Law 103-337 (108 Stat. 2914) inserted 
``for fiscal year 1994 or $20,000,000 for fiscal year 1995'' after 
``$25,000,000''. Sec. 1403(c)(2)(A) of Public Law 104-106 (110 Stat. 
490) subsequently struck out ``may not exceed $25,000,000 for fiscal 
year 1994 or $20,000,000 for fiscal year 1995'' and inserted `, may not 
exceed $25,000,000 for fiscal year 1994, $20,000,000 for fiscal year 
1995, or $15,000,000 for fiscal year 1996'' at the end of the sentence. 
Subsequent to that, sec. 1301(a) of the National Defense Authorization 
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2700) struck 
out ``or'' after ``fiscal year 1995'' and added ``, or $15,000,000 for 
fiscal year 1997'' at the end of the sentence. Subsequent to that, sec. 
1308(1) of the National Defense Authorization Act for Fiscal Year 1998 
(Public Law 105-85; 111 Stat. 1956) struck out ``or'' after ``fiscal 
year 1996'' and added ``, or $15,000,000 for fiscal year 1998'' at the 
end of the sentence.
    \65\Sec. 1602(b)(1) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1843) struck out 
``$40,000,000'' and inserted in lieu thereof ``$25,000,000, including 
funds used for activities of the On-Site Inspection Agency in support 
of the United Nations Special Commission on Iraq''.
    Sec. 1602(b)(2) of that Act, furthermore, struck out a second 
sentence in par. (3), which read as follows: ``Of such amount, not more 
than $20,000,000 may be used for the activities of the On-Site 
Inspection Agency in support of the United Nations Special Commission 
on Iraq.''.
    Sec. 1602(c) of that Act struck out par. (4), which read as 
follows:
    ``(4) Not less than 30 days before obligating any funds to provide 
assistance under this section, the Secretary of Defense shall transmit 
to the committees of Congress named in subsection (e)(2) a report on 
the proposed obligation. Each such report shall specify--
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          ``(A) the account, budget activity, and particular program or 
        programs from which the funds proposed to be obligated are to 
        be derived and the amount of the proposed obligation; and
          ``(B) the activities and forms of assistance for which the 
        Secretary of Defense plans to obligate the funds.''.
    (4)\66\ (A) In the event of a significant unforeseen 
development related to the activities of the United Nations 
Special Commission on Iraq for which the Secretary of Defense 
determines that financial assistance under this section is 
required at a level which would result in the total amount of 
assistance provided under this section during the then-current 
fiscal year exceeding the amount specified with respect to that 
year under paragraph (3), the Secretary of Defense may provide 
such assistance notwithstanding the limitation with respect to 
that fiscal year under paragraph (3). Funds for such purpose 
may be derived from any funds available to the Department of 
Defense for that fiscal year.
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    \66\Sec. 1301(b) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2700) added para. (4).
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    (B) Financial assistance may be provided under subparagraph 
(A) only after the Secretary of Defense provides notice in 
writing to the committees of Congress named in subsection 
(e)(2) of the significant unforeseen development and of the 
Secretary's intent to provide assistance in excess of the 
limitation for that fiscal year under paragraph (3). However, 
if the Secretary determines in any case that under the specific 
circumstances of that case advance notice is not possible, such 
notice shall be provided as soon as possible and not later than 
15 days after the date on which the assistance is provided. Any 
notice under this subparagraph shall include a description of 
the development, the amount of assistance provided or to be 
provided, and the source of the funds for that assistance.
    (e) Quarterly Report.--(1) Not later than 30 days after the 
end of each quarter of a fiscal year during which the authority 
of the Secretary of Defense to provide assistance under this 
section is in effect,\54\ the Secretary of Defense shall 
transmit to the committees of Congress named in paragraph (2) a 
report of the activities to reduce the proliferation threat 
carried out under this section. Each report shall set forth 
(for the preceding quarter and cumulatively)--
          (A) the amounts spent for such activities and the 
        purposes for which they were spent;
          (B) a description of the participation of the 
        Department of Defense and the Department of Energy and 
        the participation of other Government agencies in those 
        activities; and
          (C) a description of the activities for which the 
        funds were spent.
    (2) The committees of Congress to which reports under 
paragraph (1)\67\ are to be transmitted are--
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    \67\Sec. 1070(c)(1) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2857) struck out ``and 
under subsection (d)(4)'' after ``paragraph (1)''. Previously, sec. 
1182(c)(5) of the National Defense Authorization Act for Fiscal Year 
1994 (Public Law 103-160; 107 Stat. 1772) struck out ``(d)(2)'' and 
inserted in lieu thereof ``(d)(4)''.
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          (A) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations 
        of the Senate; and
          (B)\68\ the Committee on National Security, the 
        Committee on Appropriations, the Committee on 
        International Relations, and the Committee on Commerce 
        of the House of Representatives.
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    \68\Sec. 1502(c)(2)(B) of Public Law 104-106 (110 Stat. 507) struck 
out ``the Committee on Armed Services, the Committee on Appropriations, 
the Committee on Foreign Affairs, and the Committee on Energy and 
Commerce'' and inserted in lieu thereof ``the Committee on National 
Security, the Committee on Appropriations, the Committee on 
International Relations, and the Committee on Commerce''.
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    (f)\69\ Termination of Authority.--The authority of the 
Secretary of Defense to provide assistance under this section 
terminates at the close of fiscal year 1998.\70\
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    \69\Sec. 1403(a)(3) of Public Law 104-106 (110 Stat. 489) added 
subsec. (f).
    \70\Sec. 1301(a)(2) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2700) struck out 
``1996'' and inserted in lieu thereof ``1997''. Sec. 1308(2) of the 
National Defense Authorization Act for Fiscal Year 1998 (Public Law 
105-85; 111 Stat. 1956) struck out ``1997'' and inserted in lieu 
thereof ``1998''.
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      TITLE XVI--IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992\71\

SEC. 1601. SHORT TITLE.

    This title may be cited as the ``Iran-Iraq Arms Non-
Proliferation Act of 1992''.
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    \71\50 U.S.C. 1701 note. In a September 27, 1994, memorandum for 
the Secretary of State, the President delegated all functions vested in 
the President by this title to the Secretary of State, in consultation 
with the Secretaries of Defense, Treasury, Commerce, the Director of 
the Arms Control and Disarmament Agency, and other heads of appropriate 
departments and agencies (59 F.R. 50685).
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SEC. 1602. UNITED STATES POLICY.

    (a) In General.--It shall be the policy of the United 
States to oppose, and urgently to seek the agreement of other 
nations also to oppose, any transfer to Iran or Iraq of any 
goods or technology, including dual-use goods or technology, 
wherever that transfer could materially contribute to either 
country's acquiring chemical, biological, nuclear, or 
destabilizing numbers and types of advanced conventional 
weapons.
    (b) Sanctions.--(1) In the furtherance of this policy, the 
President shall apply sanctions and controls with respect to 
Iran, Iraq, and those nations and persons who assist them in 
acquiring weapons of mass destruction in accordance with the 
Foreign Assistance Act of 1961, the Nuclear Non-Proliferation 
Act of 1978, the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991, chapter 7 of the Arms Export 
Control Act,\72\ and other relevant statutes, regarding the 
non-proliferation of weapons of mass destruction and the means 
of their delivery.
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    \72\Foreign Assistance Act of 1961 (Public Law 87-195), see 
Legislation on Foreign Relations Through 1997, vol. I-A; Nuclear Non-
Proliferation Act of 1978 (Public Law 95-242), see Legislation on 
Foreign Relations Through 1997, vol. IV, sec. L; Chemical and 
Biological Weapons Control and Warfare Elimination Act of 1991 (Public 
Law 101-182), see Legislation on Foreign Relations Through 1997, vol. 
II, sec. F; chapter 7 of the Arms Export Control Act, see Legislation 
on Foreign Relations Through 1997, vol. I-A.
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    (2) The President should also urgently seek the agreement 
of other nations to adopt and institute, at the earliest 
practicable date, sanctions and controls comparable to those 
the United States is obligated to apply under this subsection.
    (c) Public Identification.--The Congress calls on the 
President to identify publicly (in the report required by 
section 1607) any country or person that transfers goods or 
technology to Iran or Iraq contrary to the policy set forth in 
subsection (a).

SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.

    The sanctions against Iraq specified in paragraphs (1) 
through (4) of section 586G(a) of the Iraq Sanctions Act of 
1990 (as contained in Public Law 101-513), including denial of 
export licenses for United States persons and prohibitions on 
United States Government sales, shall be applied to the same 
extent and in the same manner with respect to Iran.

SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.

    (a) Prohibition.--If any person transfers or retransfers 
goods or technology so as to contribute knowingly and 
materially to the efforts by Iran or Iraq (or any agency or 
instrumentality of either such country) to acquire chemical, 
biological, or nuclear weapons or\73\ to acquire destabilizing 
numbers and types of advanced conventional weapons, then the 
sanctions described in subsection (b) shall be imposed.
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    \73\Sec. 1408(a) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 494), inserted ``to 
acquire chemical, biological, or nuclear weapons or'' before ``to 
acquire''.
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    (b) Mandatory Sanctions.--The sanctions to be imposed 
pursuant to subsection (a) are as follows:
          (1) Procurement sanction.--For a period of two years, 
        the United States Government shall not procure, or 
        enter into any contract for the procurement of, any 
        goods or services from the sanctioned person.
          (2) Export sanction.--For a period of two years, the 
        United States Government shall not issue any license 
        for any export by or to the sanctioned person.

SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.

    (a) Prohibition.--If the President determines that the 
government of any foreign country transfers or retransfers 
goods or technology so as to contribute knowingly and 
materially to the efforts by Iran or Iraq (or any agency or 
instrumentality of either such country) to acquire chemical, 
biological, or nuclear weapons or\74\ to acquire destabilizing 
numbers and types of advanced conventional weapons, then--
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    \74\Sec. 1408(b) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 494) inserted ``to 
acquire chemical, biological, or nuclear weapons or'' before ``to 
acquire''.
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          (1) the sanctions described in subsection (b) shall 
        be imposed on such country; and
          (2) in addition, the President may apply, in the 
        discretion of the President, the sanction described in 
        subsection (c).
    (b) Mandatory Sanctions.--Except as provided in paragraph 
(2), the sanctions to be imposed pursuant to subsection (a)(1) 
are as follows:
          (1) Suspension of united states assistance.--The 
        United States Government shall suspend, for a period of 
        one year, United States assistance to the sanctioned 
        country.
          (2) Multilateral development bank assistance.--The 
        Secretary of the Treasury shall instruct the United 
        States Executive Director to each appropriate 
        international financial institution to oppose, and vote 
        against, for a period of one year, the extension by 
        such institution of any loan or financial or technical 
        assistance to the sanctioned country.
          (3) Suspension of codevelopment or coproduction 
        agreements.--The United States shall suspend, for a 
        period of one year, compliance with its obligations 
        under any memorandum of understanding with the 
        sanctioned country for the codevelopment or 
        coproduction of any item on the United States Munitions 
        List (established under section 38 of the Arms Export 
        Control Act), including any obligation for 
        implementation of the memorandum of understanding 
        through the sale to the sanctioned country of technical 
        data or assistance or the licensing for export to the 
        sanctioned country of any component part.
          (4) Suspension of military and dual-use technical 
        exchange agreements.--The United States shall suspend, 
        for a period of one year, compliance with its 
        obligations under any technical exchange agreement 
        involving military and dual-use technology between the 
        United States and the sanctioned country that does not 
        directly contribute to the security of the United 
        States, and no military or dual-use technology may be 
        exported from the United States to the sanctioned 
        country pursuant to that agreement during that period.
          (5) United states munitions list.--No item on the 
        United States Munitions List (established pursuant to 
        section 38 of the Arms Export Control Act) may be 
        exported to the sanctioned country for a period of one 
        year.
    (c) Discretionary Sanction.--The sanction referred to in 
subsection (a)(2) is as follows:
          (1) Use of authorities of international emergency 
        economic powers act.--Except as provided in paragraph 
        (2), the President may exercise, in accordance with the 
        provisions of that Act, the authorities of the 
        International Emergency Economic Powers Act with 
        respect to the sanctioned country.
          (2) Exception.--Paragraph (1) does not apply with 
        respect to urgent humanitarian assistance.

SEC. 1606. WAIVER.

    The President may waive the requirement to impose a 
sanction described in section 1603, in the case of Iran, or a 
sanction described in section 1604(b) or 1605(b), in the case 
of Iraq and Iran, 15 days after the President determines and so 
reports to the Committees on Armed Services and Foreign 
Relations of the Senate and the Committees on Armed Services 
and Foreign Affairs\75\ of the House of Representatives that it 
is essential to the national interest of the United States to 
exercise such waiver authority. Any such report shall provide a 
specific and detailed rationale for such determination.
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    \75\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. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------

SEC. 1607. REPORTING REQUIREMENT.

    (a) Annual Report.--Beginning one year after the date of 
the enactment of this Act, and every 12 months thereafter, the 
President shall submit to the Committees on Armed Services and 
Foreign Relations of the Senate and the Committees on Armed 
Services and Foreign Affairs\75\ of the House of 
Representatives a report detailing--
          (1) all transfers or retransfers made by any person 
        or foreign government during the preceding 12-month 
        period which are subject to any sanction under this 
        title; and
          (2) the actions the President intends to undertake or 
        has undertaken pursuant to this title with respect to 
        each such transfer.
    (b) Report on Individual Transfers.--Whenever the President 
determines that a person or foreign government has made a 
transfer which is subject to any sanction under this title, the 
President shall, within 30 days after such transfer, submit to 
the Committees on Armed Services and Foreign Relations of the 
Senate and the Committees on Armed Services and Foreign 
Affairs\75\ of the House of Representatives a report--
          (1) identifying the person or government and 
        providing the details of the transfer; and
          (2) describing the actions the President intends to 
        undertake or has undertaken under the provisions of 
        this title with respect to each such transfer.
    (c) Form of Transmittal.--Reports required by this section 
may be submitted in classified as well as in unclassified form.

SEC. 1608. DEFINITIONS.

    For purposes of this title:
          (1) The term ``advanced conventional weapons'' 
        includes--
                  (A) such long-range precision-guided 
                munitions, fuel air explosives, cruise 
                missiles, low observability aircraft, other 
                radar evading aircraft, advanced military 
                aircraft, military satellites, electromagnetic 
                weapons, and laser weapons as the President 
                determines destabilize the military balance or 
                enhance offensive capabilities in destabilizing 
                ways;
                  (B) such advanced command, control, and 
                communications systems, electronic warfare 
                systems, or intelligence collection systems as 
                the President determines destabilize the 
                military balance or enhance offensive 
                capabilities in destabilizing ways; and
                  (C) such other items or systems as the 
                President may, by regulation, determine 
                necessary for purposes of this title.
          (2) The term ``cruise missile'' means guided missiles 
        that use aerodynamic lift to offset gravity and 
        propulsion to counteract drag.
          (3) The term ``goods or technology'' means--
                  (A) any article, natural or manmade 
                substance, material, supply, or manufactured 
                product, including inspection and test 
                equipment; and
                  (B) any information and know-how (whether in 
                tangible form, such as models, prototypes, 
                drawings, sketches, diagrams, blueprints, or 
                manuals, or in intangible form, such as 
                training or technical services) that can be 
                used to design, produce, manufacture, utilize, 
                or reconstruct goods, including computer 
                software and technical data.
          (4) The term ``person'' means any United States or 
        foreign individual, partnership, corporation, or other 
        form of association, or any of their successor 
        entities, parents, or subsidiaries.
          (5) The term ``sanctioned country'' means a country 
        against which sanctions are required to be imposed 
        pursuant to section 1605.
          (6) The term ``sanctioned person'' means a person 
        that makes a transfer described in section 1604(a).
          (7) The term ``United States assistance'' means--
                  (A)\76\ any assistance under the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2151 et 
                seq.), other than urgent humanitarian 
                assistance or medicine.
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    \76\Sec. 1408(c) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 494) amended and 
restated subpara. (A). It formerly read as follows:
    ``(A) any assistance under the Foreign Assistance Act of 1961, 
other than--
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          ``(i) urgent humanitarian assistance or medicine, and
          ``(ii) assistance under chapter 11 of part I (as enacted by 
        the Freedom for Russia and Emerging Eurasian Democracies and 
        Open Markets Support Act of 1992);''.
                  (B) sales and assistance under the Arms 
                Export Control Act;
                  (C) financing by the Commodity Credit 
                Corporation for export sales of agricultural 
                commodities; and
                  (D) financing under the Export-Import Bank 
                Act.

                TITLE XVII--CUBAN DEMOCRACY ACT OF 1992

SEC. 1701.\77\ SHORT TITLE.

    This title may be cited as the ``Cuban Democracy Act of 
1992''.
---------------------------------------------------------------------------
    \77\22 U.S.C. 6001 note.
---------------------------------------------------------------------------

SEC. 1702.\78\ FINDINGS.

    The Congress makes the following findings:
---------------------------------------------------------------------------
    \78\22 U.S.C. 6001.
---------------------------------------------------------------------------
          (1) The government of Fidel Castro has demonstrated 
        consistent disregard for internationally accepted 
        standards of human rights and for democratic values. It 
        restricts the Cuban people's exercise of freedom of 
        speech, press, assembly, and other rights recognized by 
        the Universal Declaration of Human Rights adopted by 
        the General Assembly of the United Nations on December 
        10, 1948. It has refused to admit into Cuba the 
        representative of the United Nations Human Rights 
        Commission appointed to investigate human rights 
        violations on the island.
          (2) The Cuban people have demonstrated their yearning 
        for freedom and their increasing opposition to the 
        Castro government by risking their lives in organizing 
        independent, democratic activities on the island and by 
        undertaking hazardous flights for freedom to the United 
        States and other countries.
          (3) The Castro government maintains a military-
        dominated economy that has decreased the well-being of 
        the Cuban people in order to enable the government to 
        engage in military interventions and subversive 
        activities throughout the world and, especially, in the 
        Western Hemisphere. These have included involvement in 
        narcotics trafficking and support for the FMLN 
        guerrillas in El Salvador.
          (4) There is no sign that the Castro regime is 
        prepared to make any significant concessions to 
        democracy or to undertake any form of democratic 
        opening. Efforts to suppress dissent through 
        intimidation, imprisonment, and exile have accelerated 
        since the political changes that have occurred in the 
        former Soviet Union and Eastern Europe.
          (5) Events in the former Soviet Union and Eastern 
        Europe have dramatically reduced Cuba's external 
        support and threaten Cuba's food and oil supplies.
          (6) The fall of communism in the former Soviet Union 
        and Eastern Europe, the now universal recognition in 
        Latin America and the Caribbean that Cuba provides a 
        failed model of government and development, and the 
        evident inability of Cuba's economy to survive current 
        trends, provide the United States and the international 
        democratic community with an unprecedented opportunity 
        to promote a peaceful transition to democracy in Cuba.
          (7) However, Castro's intransigence increases the 
        likelihood that there could be a collapse of the Cuban 
        economy, social upheaval, or widespread suffering. The 
        recently concluded Cuban Communist Party Congress has 
        underscored Castro's unwillingness to respond 
        positively to increasing pressures for reform either 
        from within the party or without.
          (8) The United States cooperated with its European 
        and other allies to assist the difficult transitions 
        from Communist regimes in Eastern Europe. Therefore, it 
        is appropriate for those allies to cooperate with 
        United States policy to promote a peaceful transition 
        in Cuba.

SEC. 1703.\79\ STATEMENT OF POLICY.

    It should be the policy of the United States--
---------------------------------------------------------------------------
    \79\22 U.S.C. 6002.
---------------------------------------------------------------------------
          (1) to seek a peaceful transition to democracy and a 
        resumption of economic growth in Cuba through the 
        careful application of sanctions directed at the Castro 
        government and support for the Cuban people;
          (2) to seek the cooperation of other democratic 
        countries in this policy;
          (3) to make clear to other countries that, in 
        determining its relations with them, the United States 
        will take into account their willingness to cooperate 
        in such a policy;
          (4) to seek the speedy termination of any remaining 
        military or technical assistance, subsidies, or other 
        forms of assistance to the Government of Cuba from any 
        of the independent states of the former Soviet Union;
          (5) to continue vigorously to oppose the human rights 
        violations of the Castro regime;
          (6) to maintain sanctions on the Castro regime so 
        long as it continues to refuse to move toward 
        democratization and greater respect for human rights;
          (7) to be prepared to reduce the sanctions in 
        carefully calibrated ways in response to positive 
        developments in Cuba;
          (8) to encourage free and fair elections to determine 
        Cuba's political future;
          (9) to request the speedy termination of any military 
        or technical assistance, subsidies, or other forms of 
        assistance to the Government of Cuba from the 
        government of any other country; and
          (10) to initiate immediately the development of a 
        comprehensive United States policy toward Cuba in a 
        post-Castro era.

SEC. 1704.\80\,\81\ INTERNATIONAL COOPERATION.

    (a) Cuban Trading Partners.--The President should encourage 
the governments of countries that conduct trade with Cuba to 
restrict their trade and credit relations with Cuba in a manner 
consistent with the purposes of this title.
---------------------------------------------------------------------------
    \80\22 U.S.C. 6003. Authority in this section was delegated to the 
Secretary of State, pursuant to sec. 2 of Executive Order 12854 (58 
F.R. 36587; July 4, 1993).
    \81\Sec. 204 of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 810) authorized 
the President to take steps to suspend the economic embargo of Cuba 
upon submitting a determination to the appropriate congressional 
committees that a transition government is in power in Cuba. The 
section, furthermore, repealed the following sections of law upon the 
issuance of a Presidential determination that a democratically elected 
government is in power in Cuba:
    (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); and
    (4) section 902(c) of the Food Security Act of 1985.
    Congress, until such a transition to democracy in Cuba is attained, 
reaffirmed the intent of section 1704, and other sections, of the Cuban 
Democracy Act. See Public Law 104-114.
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    (b) Sanctions Against Countries Assisting Cuba.--
          (1) Sanctions.--The President may apply the following 
        sanctions to any country that provides assistance to 
        Cuba:
                  (A) The government of such country shall not 
                be eligible for assistance under the Foreign 
                Assistance Act of 1961 or assistance or sales 
                under the Arms Export Control Act.
                  (B) Such country shall not be eligible, under 
                any program, for forgiveness or reduction of 
                debt owed to the United States Government.
          (2) Definition of assistance.--For purposes of 
        paragraph (1), the term ``assistance to Cuba''--
                  (A) means assistance to or for the benefit of 
                the Government of Cuba that is provided by 
                grant, concessional sale, guaranty, or 
                insurance, or by any other means on terms more 
                favorable than that generally available in the 
                applicable market, whether in the form of a 
                loan, lease, credit, or otherwise, and such 
                term includes subsidies for exports to Cuba and 
                favorable tariff treatment of articles that are 
                the growth, product, or manufacture of 
                Cuba;\82\
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    \82\Sec. 102(f) of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 793) struck out 
``and'' at the end of subpara. (A); redesignated subpara. (B) as 
subpara. (C); inserted a new subpara. (B); and added the flush sentence 
at the end of para. (2).
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                  (B)\82\ includes an exchange, reduction, or 
                forgiveness of Cuban debt owed to a foreign 
                country in return for a grant of an equity 
                interest in a property, investment, or 
                operation of the Government of Cuba (including 
                the government of any political subdivision of 
                Cuba, and any agency or instrumentality of the 
                Government of Cuba) or of a Cuban national; and
                  (C)\82\ does not include--
                          (i) donations of food to 
                        nongovernmental organizations or 
                        individuals in Cuba, or
                          (ii) exports of medicines or medical 
                        supplies, instruments, or equipment 
                        that would be permitted under section 
                        1705(c).
        As used in this paragraph, 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''.
          (3) Applicability of section.--This section, and any 
        sanctions imposed pursuant to this section, shall cease 
        to apply at such time as the President makes and 
        reports to the Congress a determination under section 
        1708(a).

SEC. 1705.\83\ SUPPORT FOR THE CUBAN PEOPLE.

    (a) Provisions of Law Affected.--The provisions of this 
section apply notwithstanding any other provision of law, 
including section 620(a) of the Foreign Assistance Act of 1961, 
and notwithstanding the exercise of authorities, before the 
enactment of this Act, under section 5(b) of the Trading With 
the Enemy Act, the International Emergency Economic Powers Act, 
or the Export Administration Act of 1979.
---------------------------------------------------------------------------
    \83\22 U.S.C. 6004.
---------------------------------------------------------------------------
    (b) Donations of Food.--Nothing in this or any other Act 
shall prohibit donations of food to nongovernmental 
organizations or individuals in Cuba.
    (c) Exports of Medicines and Medical Supplies.--Exports of 
medicines or medical supplies, instruments, or equipment to 
Cuba shall not be restricted--
          (1) except to the extent such restrictions would be 
        permitted under section 5(m) of the Export 
        Administration Act of 1979 or section 203(b)(2) of the 
        International Emergency Economic Powers Act;\84\
---------------------------------------------------------------------------
    \84\For text, see Legislation on Foreign Relations Through 1997, 
vol. III, sec. J.
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          (2) except in a case in which there is a reasonable 
        likelihood that the item to be exported will be used 
        for purposes of torture or other human rights abuses;
          (3) except in a case in which there is a reasonable 
        likelihood that the item to be exported will be 
        reexported; and
          (4) except in a case in which the item to be exported 
        could be used in the production of any biotechnological 
        product.
    (d)\81\ Requirements for Certain Exports.--
          (1) Onsite verifications.--(A) Subject to 
        subparagraph (B), an export may be made under 
        subsection (c) only if the President determines that 
        the United States Government is able to verify, by 
        onsite inspections and other appropriate means, that 
        the exported item is to be used for the purposes for 
        which it was intended and only for the use and benefit 
        of the Cuban people.
          (B) Subparagraph (A) does not apply to donations to 
        nongovernmental organizations in Cuba of medicines for 
        humanitarian purposes.
          (2) Licenses.--Exports permitted under subsection (c) 
        shall be made pursuant to specific licenses issued by 
        the United States Government.
    (e) Telecommunications Services and Facilities.--
          (1) Telecommunications services.--Telecommunications 
        services between the United States and Cuba shall be 
        permitted.
          (2) Telecommunications facilities.--
        Telecommunications facilities are authorized in such 
        quantity and of such quality as may be necessary to 
        provide efficient and adequate telecommunications 
        services between the United States and Cuba.
          (3) Licensing of payments to cuba.--(A) The President 
        may provide for the issuance of licenses for the full 
        or partial payment to Cuba of amounts due Cuba as a 
        result of the provision of telecommunications services 
        authorized by this subsection, in a manner that is 
        consistent with the public interest and the purposes of 
        this title, except that this paragraph shall not 
        require any withdrawal from any account blocked 
        pursuant to regulations issued under section 5(b) of 
        the Trading With the Enemy Act.
          (B) If only partial payments are made to Cuba under 
        subparagraph (A), the amounts withheld from Cuba shall 
        be deposited in an account in a banking institution in 
        the United States. Such account shall be blocked in the 
        same manner as any other account containing funds in 
        which Cuba has any interest, pursuant to regulations 
        issued under section 5(b) of the Trading With the Enemy 
        Act.
          (4) Authority of federal communications commission.--
        Nothing in this subsection shall be construed to 
        supersede the authority of the Federal Communications 
        Commission.
          (5)\85\ Prohibition on investment in domestic 
        telecommunications services.--Nothing in this 
        subsection shall be construed to authorize the 
        investment by any United States person in the domestic 
        telecommunications network within Cuba. For purposes of 
        this paragraph, an ``investment'' in the domestic 
        telecommunications network within Cuba includes the 
        contribution (including by donation) of funds or 
        anything of value to or for, and the making of loans to 
        or for, such network.
---------------------------------------------------------------------------
    \85\Sec. 102(g) of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 793) added paras. 
(5) and (6).
---------------------------------------------------------------------------
          (6)\85\ Reports to congress.--The President shall 
        submit to the Congress on a semiannual basis a report 
        detailing payments made to Cuba by any United States 
        person as a result of the provision of 
        telecommunications services authorized by this 
        subsection.
    (f) Direct Mail Delivery to Cuba.--The United States Postal 
Service shall take such actions as are necessary to provide 
direct mail service to and from Cuba, including, in the absence 
of common carrier service between the 2 countries, the use of 
charter service providers.
    (g) Assistance To Support Democracy in Cuba.--The United 
States Government may provide assistance, through appropriate 
nongovernmental organizations, for the support of individuals 
and organizations to promote nonviolent democratic change in 
Cuba.

SEC. 1706.\81\,\86\ SANCTIONS.

    (a) Prohibition on Certain Transactions Between Certain 
United States Firms and Cuba.--
---------------------------------------------------------------------------
    \86\22 U.S.C. 6005.
---------------------------------------------------------------------------
          (1) Prohibition.--Notwithstanding any other provision 
        of law, no license may be issued for any transaction 
        described in section 515.559 of title 31, Code of 
        Federal Regulations, as in effect on July 1, 1989.
          (2) Applicability to existing contracts.--Paragraph 
        (1) shall not affect any contract entered into before 
        the date of the enactment of this Act.
    (b) Prohibitions on Vessels.--
          (1) Vessels engaging in trade.--Beginning on the 61st 
        day after the date of the enactment of this Act, a 
        vessel which enters a port or place in Cuba to engage 
        in the trade of goods or services may not, within 180 
        days after departure from such port or place in Cuba, 
        load or unload any freight at any place in the United 
        States, except pursuant to a license issued by the 
        Secretary of the Treasury.
          (2) Vessels carrying goods or passengers to or from 
        cuba.--Except as specifically authorized by the 
        Secretary of the Treasury, a vessel carrying goods or 
        passengers to or from Cuba or carrying goods in which 
        Cuba or a Cuban national has any interest may not enter 
        a United States port.
          (3) Inapplicability of ship stores general license.--
        No commodities which may be exported under a general 
        license described in section 771.9 of title 15, Code of 
        Federal Regulations, as in effect on May 1, 1992, may 
        be exported under a general license to any vessel 
        carrying goods or passengers to or from Cuba or 
        carrying goods in which Cuba or a Cuban national has an 
        interest.
          (4) Definitions.--As used in this subsection--
                  (A) the term ``vessel'' includes every 
                description of water craft or other contrivance 
                used, or capable of being used, as a means of 
                transportation in water, but does not include 
                aircraft;
                  (B) the term ``United States'' includes the 
                territories and possessions of the United 
                States and the customs waters of the United 
                States (as defined in section 401 of the Tariff 
                Act of 1930 (19 U.S.C. 1401)); and
                  (C) the term ``Cuban national'' means a 
                national of Cuba, as the term ``national'' is 
                defined in section 515.302 of title 31, Code of 
                Federal Regulations, as of August 1, 1992.
    (c) Restrictions on Remittances to Cuba.--The President 
shall establish strict limits on remittances to Cuba by United 
States persons for the purpose of financing the travel of 
Cubans to the United States, in order to ensure that such 
remittances reflect only the reasonable costs associated with 
such travel, and are not used by the Government of Cuba as a 
means of gaining access to United States currency.
    (d) Clarification of Applicability of Sanctions.--The 
prohibitions contained in subsections (a), (b), and (c) shall 
not apply with respect to any activity otherwise permitted by 
section 1705 or section 1707 of this Act or any activity which 
may not be regulated or prohibited under section 5(b)(4) of the 
Trading With the Enemy Act (50 U.S.C. App. 5(b)(4)).

SEC. 1707.\87\ POLICY TOWARD A TRANSITIONAL CUBAN GOVERNMENT.

    Food, medicine, and medical supplies for humanitarian 
purposes should be made available for Cuba under the Foreign 
Assistance Act of 1961 and the Agricultural Trade Development 
and Assistance Act of 1954 if the President determines and 
certifies to the Committee on Foreign Affairs\88\ of the House 
of Representatives and the Committee on Foreign Relations of 
the Senate that the government in power in Cuba--
---------------------------------------------------------------------------
    \87\22 U.S.C. 6006.
    \88\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.
---------------------------------------------------------------------------
          (1) has made a public commitment to hold free and 
        fair elections for a new government within 6 months and 
        is proceeding to implement that decision;
          (2) has made a public commitment to respect, and is 
        respecting, internationally recognized human rights and 
        basic democratic freedoms; and
          (3) is not providing weapons or funds to any group, 
        in any other country, that seeks the violent overthrow 
        of the government of that country.

SEC. 1708.\89\ POLICY TOWARD A DEMOCRATIC CUBAN GOVERNMENT.

    (a) Waiver of Restrictions.--The President may waive the 
requirements of section 1706 if the President determines and 
reports to the Congress that the Government of Cuba--
---------------------------------------------------------------------------
    \89\22 U.S.C. 6007.
---------------------------------------------------------------------------
          (1) has held free and fair elections conducted under 
        internationally recognized observers;
          (2) has permitted opposition parties ample time to 
        organize and campaign for such elections, and has 
        permitted full access to the media to all candidates in 
        the elections;
          (3) is showing respect for the basic civil liberties 
        and human rights of the citizens of Cuba;
          (4) is moving toward establishing a free market 
        economic system; and
          (5) has committed itself to constitutional change 
        that would ensure regular free and fair elections that 
        meet the requirements of paragraph (2).
    (b) Policies.--If the President makes a determination under 
subsection (a), the President shall take the following actions 
with respect to a Cuban Government elected pursuant to 
elections described in subsection (a):
          (1) To encourage the admission or reentry of such 
        government to international organizations and 
        international financial institutions.
          (2) To provide emergency relief during Cuba's 
        transition to a viable economic system.
          (3) To take steps to end the United States trade 
        embargo of Cuba.

SEC. 1709.\90\ EXISTING CLAIMS NOT AFFECTED.

    Except as provided in section 1705(a), nothing in this 
title affects the provisions of section 620(a)(2) of the 
Foreign Assistance Act of 1961.\91\
---------------------------------------------------------------------------
    \90\22 U.S.C. 6008.
    \91\For text, see Legislation on Foreign Relations Through 1997, 
vol. I-A.
---------------------------------------------------------------------------

SEC. 1710.\92\ ENFORCEMENT.

    (a) Enforcement Authority.--The authority to enforce this 
title shall be carried out by the Secretary of the Treasury. 
The Secretary of the Treasury shall exercise the authorities of 
the Trading With the Enemy Act in enforcing this title. In 
carrying out this subsection, the Secretary of the Treasury 
shall take the necessary steps to ensure that activities 
permitted under section 1705 are carried out for the purposes 
set forth in this title and not for purposes of the 
accumulation by the Cuban Government of excessive amounts of 
United States currency or the accumulation of excessive profits 
by any person or entity.
---------------------------------------------------------------------------
    \92\22 U.S.C. 6009.
---------------------------------------------------------------------------
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of the Treasury such sums 
as may be necessary to carry out this title.
    (c) Penalties Under the Trading With the Enemy Act.--
Section 16 of the Trading With the Enemy Act (50 U.S.C. App. 
16)\93\ is amended--
---------------------------------------------------------------------------
    \93\For text, see Legislation on Foreign Relations Through 1997, 
vol. III, sec. J.
---------------------------------------------------------------------------
          (1) by striking ``That whoever'' and inserting ``(a) 
        Whoever''; and
          (2) by adding at the end the following:
     ``(b)(1) The Secretary of the Treasury may impose a civil 
penalty of not more than $50,000 on any person who violates any 
license, order, rule, or regulation issued under this Act.
    ``(2) Any property, funds, securities, papers, or other 
articles or documents, or any vessel, together with its tackle, 
apparel, furniture, and equipment, that is the subject of a 
violation under paragraph (1) shall, at the discretion of the 
Secretary of the Treasury, be forfeited to the United States 
Government.
    ``(3) The penalties provided under this subsection may not 
be imposed for--
          ``(A) news gathering, research, or the export or 
        import of, or transmission of, information or 
        informational materials; or
          ``(B) clearly defined educational or religious 
        activities, or activities of recognized human rights 
        organizations, that are reasonably limited in 
        frequency, duration, and number of participants.
    ``(4) The penalties provided under this subsection may be 
imposed only on the record after opportunity for an agency 
hearing in accordance with sections 554 through 557 of title 5, 
United States Code, with the right to prehearing discovery.
    ``(5) Judicial review of any penalty imposed under this 
subsection may be had to the extent provided in section 702 of 
title 5, United States Code.''.
    (d) Applicability of Penalties.--The penalties set forth in 
section 16 of the Trading With the Enemy Act shall apply to 
violations of this title to the same extent as such penalties 
apply to violations under that Act.
    (e) Office of Foreign Assets Control.--The Department of 
the Treasury shall establish and maintain a branch of the 
Office of Foreign Assets Control in Miami, Florida, in order to 
strengthen the enforcement of this title.

SEC. 1711.\94\ DEFINITION.

    As used in this title, the term ``United States person'' 
means any United States citizen or alien admitted for permanent 
residence in the United States, and any corporation, 
partnership, or other organization organized under the laws of 
the United States.
---------------------------------------------------------------------------
    \94\22 U.S.C. 6010.
---------------------------------------------------------------------------

SEC. 1712.\95\ EFFECTIVE DATE.

    This title shall take effect on the date of the enactment 
of this Act.
---------------------------------------------------------------------------
    \95\22 U.S.C. 6001 note.
---------------------------------------------------------------------------
          * * * * * * *

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

     Subtitle D--International Fissile Material and Warhead Control

SEC. 3151. NEGOTIATIONS.

    (a) In General.--The Congress urges the President to enter 
into negotiations with member states of the Commonwealth of 
Independent States, to complement ongoing and future arms 
reduction negotiations and agreements, with the goal of 
achieving verifiable agreements in the following areas:
          (1) Dismantlement of nuclear weapons.
          (2) The safeguard and permanent disposal of nuclear 
        materials.
          (3) An end by the United States and member states of 
        the Commonwealth of Independent States to the 
        production of plutonium and highly enriched uranium for 
        nuclear weapons.
          (4) The extension of negotiations on these issues to 
        all nations capable of producing nuclear weapons 
        materials.
    (b) Exchanges of Information.--The Congress urges the 
President, in order to establish a data base on production 
capabilities of member states of the Commonwealth of 
Independent States and their stockpiles of fissile materials 
and nuclear weapons, to seek to achieve agreements with such 
states to reciprocally release information on--
          (1) United States and the member states nuclear 
        weapons stockpiles, including the number of warheads 
        and bombs by type, and schedules for weapons production 
        and dismantlement;
          (2) the location, mission, and maximum annual 
        production capacity of United States and member states 
        facilities that are essential to the production of 
        tritium for replenishment of that nation's tritium 
        stockpile;
          (3) the inventory of United States and member states 
        facilities dedicated to the production of plutonium and 
        highly enriched uranium for weapons purposes; and
          (4) United States and members states stockpiles of 
        plutonium and highly enriched uranium used for nuclear 
        weapons.
    (c) Technical Working Groups.--The Congress urges the 
President, in order to facilitate the achievement of agreements 
referred to in subsection (a), to establish with member states 
of the Commonwealth of Independent States and with other 
nations capable of producing nuclear weapons material bilateral 
or multilateral technical working groups to examine and 
demonstrate cooperative technical monitoring and inspection 
arrangements that could be applied to the verification of--
          (1) information on mission, location, and maximum 
        annual production capacity of nuclear material 
        production facilities and the size of stockpiles of 
        plutonium and highly enriched uranium;
          (2) nuclear arms reduction agreements that would 
        include provisions requiring the verifiable 
        dismantlement of nuclear warheads; and
          (3) bilateral or multilateral agreements to halt the 
        production of plutonium and highly enriched uranium for 
        nuclear weapons.
    (d) Report.--The President shall submit to the Congress, 
not later than March 31, 1993, a report on the progress made by 
the President in implementing the actions called for in 
subsections (a) through (c).
    (e) Production by Commonwealth of Independent States.--The 
Congress urges the Presidents of the member states of the 
Commonwealth of Independent States--
          (1) to institute a moratorium on production of 
        plutonium and highly enriched uranium for nuclear 
        weapons; and
          (2) to pledge to continue such moratorium for so long 
        as the United States does not produce such materials.

SEC. 3152. AUTHORITY TO RELEASE CERTAIN RESTRICTED DATA.

    Section 142 of the Atomic Energy Act of 1954 (42 U.S.C. 
2162)\96\ is amended by adding at the end the following new 
subsection:
---------------------------------------------------------------------------
    \96\For text, see Legislation on Foreign Relations Through 1997, 
vol. IV, sec. L.
---------------------------------------------------------------------------
    ``f. Notwithstanding any other law, the President may 
publicly release Restricted Data regarding the nuclear weapons 
stockpile of the United States if the United States and member 
states of the Commonwealth of Independent States reach 
reciprocal agreement on the release of such data.''.

SEC. 3153. DEVELOPMENT AND DEMONSTRATION PROGRAM.

    (a) Program.--Of funds authorized to be appropriated in 
section 3104 for fiscal year 1993 for verification and control 
activities, $10,000,000 shall be available only to carry out a 
program--
          (1) to develop and demonstrate a means for verifiable 
        dismantlement of nuclear warheads;
          (2) to safeguard and dispose of nuclear materials; 
        and
          (3) to develop reliable techniques and procedures for 
        verifying a global ban on the production of fissile 
        materials for weapons purposes.
  (b) Report.--The Secretary shall include a report on such 
program in budget justification documents submitted to Congress 
in support of the budget of the Department of Energy for fiscal 
year 1994. The report shall be submitted in both classified and 
unclassified form.

SEC. 3154. PRODUCTION OF TRITIUM.

    Nothing in this part may be construed as intending to 
affect the production of tritium.
          * * * * * * *

                      TITLE XXXII--NATIONAL SAFETY

          * * * * * * *

SEC. 3202. NUCLEAR SAFETY IN EASTERN EUROPE AND THE FORMER SOVIET 
                    UNION.

    (a) Findings.--The Congress finds that--
          (1) the Chernobyl nuclear reactor accident on April 
        26, 1986, has resulted in $283 to $352 billion worth of 
        damage, with more than 4,000,000 people still living on 
        land contaminated with radiation;
          (2) there are 16 Chernobyl-type RBMK reactors now 
        operating in Russia, Ukraine, and Lithuania, all of 
        which have faulty designs, poor construction, and 
        dangerously lax and outdated operating procedures;
          (3) there are dozens of Soviet-designed reactors now 
        operating in Eastern Europe and the former Soviet Union 
        with poor construction and lax and outdated operating 
        procedures;
          (4) a serious nuclear reactor accident in one of the 
        newly freed states of Eastern Europe and the former 
        Soviet Union would seriously exacerbate these states' 
        difficult progress towards economic recovery and could 
        lead to political instability;
          (5) retrofitting the RBMK reactors with modern 
        Western safety equipment will result in only marginal 
        safety improvements at great expense; and
          (6) alternative power sources, such as natural gas 
        turbines, and modern energy efficiency measures and 
        technologies could displace the need for much of the 
        power which these reactors provide.
    (b) United States Policy.--It is the sense of Congress that 
the President should undertake bilateral and multilateral 
initiatives, including trade initiatives, to--
          (1) assist in bringing on line enough replacement 
        power and modern energy efficiency measures and 
        technologies in the states of Eastern Europe and the 
        former Soviet Union so that the RBMK reactors may be 
        shut down as soon as possible and placed in stable 
        condition to prevent radiological contamination;
          (2) assist the states of Eastern Europe and the 
        former Soviet Union in upgrading their other nuclear 
        reactors to Western standards of safety and in ensuring 
        that all of their nuclear reactors receive routine 
        maintenance and repairs;
          (3) encourage and provide technical assistance to 
        Russia and Ukraine to enact domestic legislation 
        governing nuclear reactor safety;
          (4) negotiate formal agreements for nuclear 
        cooperation with Russia and Ukraine;
          (5) identify nuclear safety research as a principal 
        focus of the soon-to-be created nuclear science centers 
        in Ukraine and Russia; and
          (6) make greater resources available to the 
        International Atomic Energy Agency to promote programs 
        of nuclear safety in Eastern Europe and the former 
        Soviet Union.
    (c)\97\ Reporting Requirement.--Not later than 60 days 
after the date of enactment of this Act, the President shall 
submit to Congress a report with a systematic assessment of the 
nuclear reactor safety situation in Eastern Europe and the 
former Soviet Union, with a description of specific bilateral 
and multilateral initiatives the Administration is taking and 
plans to take to address these nuclear safety issues.
---------------------------------------------------------------------------
    \97\In a Memorandum of March 4, 1993, for the Secretary of State, 
the President delegated to the Secretary of State all functions 
authorized in sec. 3202(c) (58 F.R. 14303; March 17, 1993).
---------------------------------------------------------------------------
          * * * * * * *

DIVISION D--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE

SEC. 4001.\98\ SHORT TITLE.

    This division may be cited as the ``Defense Conversion, 
Reinvestment, and Transition Assistance Act of 1992''.
---------------------------------------------------------------------------
    \98\10 U.S.C. 2491 note.
---------------------------------------------------------------------------

                          TITLE XLI--FINDINGS

SEC. 4101.\98\ FINDINGS.

    Congress makes the following findings:
          (1) The collapse of communism in Eastern Europe and 
        the dissolution of the Soviet Union have fundamentally 
        changed the military threat that formed the basis for 
        the national security policy of the United States since 
        the end of World War II.
          (2) The change in the military threat presents a 
        unique opportunity to restructure and reduce the 
        military requirements of the United States.
          (3) As the United States proceeds with the post-Cold 
        War defense build down, the Nation must recognize and 
        address the impact of reduced defense spending on the 
        military personnel, civilian employees, and defense 
        industry workers who have been the foundation of the 
        national defense policies of the United States.
          (4) The defense build down will have a significant 
        impact on communities as procurements are reduced and 
        military installations are closed and realigned.
          (5) Despite the changes in the military threat, the 
        United States must maintain the capability to respond 
        to regional conflicts that threaten the national 
        interests of the United States, and to reconstitute 
        forces in the event of an extended conflict.
          (6) The skills and capabilities of military 
        personnel, civilian employees of the Department of 
        Defense, defense industry workers, and defense 
        industries represent an invaluable national resource 
        that can contribute to the economic growth of the 
        United States and to the long-term vitality of the 
        national technology and industrial base.
          (7) Prompt and vigorous implementation of defense 
        conversion, reinvestment, and transition assistance 
        programs is essential to ensure that the defense build 
        down is structured in a manner that--
                  (A) enhances the long-term ability of the 
                United States to maintain a strong and vibrant 
                national technology and industrial base; and
                  (B) promotes economic growth.
          * * * * * * *

  TITLE XLIII--COMMUNITY ADJUSTMENT AND ASSISTANCE PROGRAMS AND YOUTH 
                            SERVICE PROGRAMS

          * * * * * * *
---------------------------------------------------------------------------
    \99\Sec. 4304 added 10 U.S.C. 2552.
---------------------------------------------------------------------------

SEC. 4304.\99\ LIMITATION ON USE OF EXCESS CONSTRUCTION OR FIRE 
                    EQUIPMENT FROM DEPARTMENT OF DEFENSE STOCKS IN 
                    FOREIGN ASSISTANCE OR MILITARY SALES PROGRAMS. * * 
                    *

          * * * * * * *
           k. Department of Defense Appropriations Act, 1993

    Partial text of Public Law 102-396 [H.R. 5504], 106 Stat. 1876, 
approved October 6, 1992; amended by Public Law 103-139 [Department of 
Defense Appropriations Act, 1994; H.R. 3116], 107 Stat. 1418, approved 
 November 11, 1993; Public Law 103-160 [National Defense Authorization 
Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November 
                                30, 1993

  AN ACT Making appropriations for the Department of Defense 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 the fiscal year ending 
September 30, 1993, for military functions administered by the 
Department of Defense, and for other purposes, namely:
          * * * * * * *

                                TITLE II

                       OPERATION AND MAINTENANCE

          * * * * * * *

                        Humanitarian Assistance

    * * *Provided further,\1\ That where required and 
notwithstanding any other provision of law, funds made 
available under this heading for fiscal year 1993 or 
thereafter, shall be available for emergency transportation of 
United States or foreign nationals or the emergency 
transportation of humanitarian relief personnel in conjunction 
with humanitarian relief operations.
---------------------------------------------------------------------------
    \1\10 U.S.C. 401 note.
---------------------------------------------------------------------------
          * * * * * * *

                                TITLE IX

                           GENERAL PROVISIONS

          * * * * * * *
    Sec. 9005.\2\ During the current fiscal year and hereafter, 
no part of any appropriation or any other funds available to 
the Department of Defense,\3\ except for small purchases 
covered by section 2304(g) of title 10, United States Code, 
shall be available for the procurement of any article or item 
of food, clothing, tents, tarpaulins, covers, cotton and other 
natural fiber products, woven silk or woven silk blends, spun 
silk yarn for cartridge cloth, synthetic fabric or coated 
synthetic fabric, canvas products, or wool (whether in the form 
of fiber or yarn or contained in fabrics, materials, or 
manufactured articles), or any item of individual equipment 
manufactured from or containing such fibers, yarns, fabrics, or 
materials, or specialty metals including stainless steel 
flatware, or hand or measuring tools, not grown, reprocessed, 
reused, or produced in the United States or its possessions, 
except to the extent that the Secretary of the Department 
concerned shall determine that satisfactory quality and 
sufficient quantity of any articles or items of food, 
individual equipment, tents, tarpaulins, covers, or clothing or 
any form of cotton or other natural fiber products, woven silk 
and woven silk blends, spun silk yarn for cartridge cloth, 
synthetic fabric or coated synthetic fabric, canvas products, 
wool, or specialty metals including stainless steel flatware, 
grown, reprocessed, reused, or produced in the United States or 
its possessions cannot be procured as and when needed at United 
States market prices and except procurements outside the United 
States in support of combat operations, procurements by vessels 
in foreign waters, and emergency procurements or procurements 
of perishable foods by establishments located outside the 
United States for the personnel attached thereto: Provided, 
That nothing herein shall preclude the procurement of specialty 
metals or chemical warfare protective clothing produced outside 
the United States or its possessions when such procurement is 
necessary to comply with agreements with foreign governments 
requiring the United States to purchase supplies from foreign 
sources for the purposes of offsetting sales made by the United 
States Government or United States firms under approved 
programs serving defense requirements or where such procurement 
is necessary in furtherance of agreements with foreign 
governments in which both governments agree to remove barriers 
to purchases of supplies produced in the other country or 
services performed by sources of the other country, so long as 
such agreements with foreign governments comply, where 
applicable, with the requirements of section 36 of the Arms 
Export Control Act and with section 2457 of title 10, United 
States Code: Provided further, That nothing herein shall 
preclude the procurement of foods manufactured or processed in 
the United States or its possessions.
---------------------------------------------------------------------------
    \2\10 U.S.C. 2241 note. Sec. 8109 of The Department of Defense 
Appropriations Act, 1997 (sec. 101(b) of title I of Public Law 104-208; 
110 Stat. 3009) provided the following:
    ``Sec. 8109. In applying section 9005 of the Department of Defense 
Appropriations Act, 1993, Public Law 102-396 (10 U.S.C. 2241 note), 
during the current fiscal year and thereafter--
---------------------------------------------------------------------------

          ``(1) the term `synthetic fabric and coated synthetic fabric' 
        shall be deemed to include all textile fabrics and yarns that 
        are for use in such fabrics; and
          ``(2) such section shall be treated, notwithstanding section 
        34 of Public Law 93-400 (41 U.S.C. 430), as being applicable to 
        contracts and subcontracts for the procurement of commercial 
        items that are articles or items, specialty metals, or tools 
        covered by that section 9005.''.
---------------------------------------------------------------------------
    \3\Sec. 8005 of Public Law 103-139 (107 Stat. 1438) struck out 
``contained in this Act'' and inserted in lieu thereof ``or any other 
funds available to the Department of Defense''.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
    This Act may be cited as the ``Department of Defense 
Appropriations Act, 1993''.
l. National Defense Authorization Act for Fiscal Years 1992 and 1993\1\

    Partial text of Public Law 102-190 [H.R. 2100], 105 Stat. 1290, 
  approved December 5, 1991; amended by Public Law 102-484 [National 
 Defense Authorization Act for Fiscal Year 1993; H.R. 5006], 106 Stat. 
 2315, approved October 23, 1992; Public Law 103-160 [National Defense 
  Authorization Act for Fiscal Year 1994; H.R. 5006], 107 Stat. 1547, 
   approved November 30, 1993; Public Law 103-337 [National Defense 
  Authorization Act for Fiscal Year 1995; H.R. 4650], 108 Stat. 2663, 
    approved October 5, 1994; Public Law 104-106 [National Defense 
   Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
approved February 10, 1996; and by Public Law 105-85 [National Defense 
  Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, 
                       approved November 18, 1997

 AN ACT To authorize appropriations for fiscal years 1992 and 1993 for 
    military activities of the Department of Defense, for military 
 construction, and for defense activities of the Department of Energy, 
 to prescribe personnel strengths for such fiscal years for the Armed 
                    Forces, 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.

  This Act may be cited as the ``National Defense Authorization 
Act for Fiscal Years 1992 and 1993''.
---------------------------------------------------------------------------
    \1\See also partial text of the Persian Gulf Conflict Supplemental 
Authorization and Personnel Benefits Act of 1991 (Public Law 102-25; 
105 Stat. 75).
---------------------------------------------------------------------------

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

  (a) Divisions.--This Act is organized into three divisions as 
follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
  (b) Table of Contents.--The table of contents for this Act is 
as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

  For purposes of this Act, the term ``congressional defense 
committees'' means the Committees on Armed Services and the 
Committees on Appropriations of the Senate and House of 
Representatives.\2\
---------------------------------------------------------------------------
    \2\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.
---------------------------------------------------------------------------

SEC. 4. EXPIRATION OF AUTHORIZATIONS FOR FISCAL YEARS AFTER 1992.

  Authorizations of appropriations, and of personnel strength 
levels, in this Act for any fiscal year after fiscal year 1992 
are effective only with respect to appropriations made during 
the first session of the One Hundred Second Congress.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

                     Part A--Funding Authorizations

          * * * * * * *

SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

  (a) Funding.--Funds are hereby authorized to be appropriated 
for fiscal year 1992 for the destruction of lethal chemical 
agents and munitions in accordance with section 1412 of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), 
in the amount of $472,602,000.
          * * * * * * *

                         Part F--Other Matters

SEC. 151.\3\ CHEMICAL WEAPONS STOCKPILE DISPOSAL PROGRAM. * * *
---------------------------------------------------------------------------

    \3\Sec. 151 amended sec. 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521).
---------------------------------------------------------------------------
          * * * * * * *

SEC. 153. LIMITATIONS RELATING TO REDEPLOYMENT OF MINUTEMAN III ICBMS.

  (a) Prohibition Regarding Operationally Deployed Missiles.--
Funds appropriated for fiscal year 1992 or any fiscal year 
preceding fiscal year 1992 pursuant to an authorization 
contained in this or any other Act may not be obligated or 
expended for the redeployment or transfer of operationally 
deployed Minuteman III intercontinental ballistic missiles from 
one Air Force ICBM base to another Air Force ICBM base.
  (b) Limitation Regarding Stored Missiles.--No Minuteman III 
missile in storage may be transferred to a Minuteman II silo 
until the Secretary of Defense submits to Congress a plan for 
the restructuring of the United States strategic forces 
consistent with the strategic arms reduction talks (START) 
treaty signed by the United States and the Soviet Union. Such 
plan shall include--
          (1) a discussion of the force structure options that 
        were considered in developing the plan;
          (2) for each option, the locations for the Minuteman 
        III ICBMs and Small ICBMs and the number of each such 
        type of missile for each location;
          (3) the cost of each such option; and
          (4) the reasons for selecting the force structure 
        provided for in the plan.
          * * * * * * *

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

          * * * * * * *

      Part B--Program Requirements, Restrictions, and Limitations

          * * * * * * *

SEC. 222. ICBM MODERNIZATION PROGRAM.

  (a) Funding.--Of the amounts appropriated pursuant to section 
201 for fiscal year 1992, not more than $566,444,000 shall be 
available for the intercontinental ballistic missile (ICBM) 
modernization program, of which--
          (1) not more than $548,838,000 shall be available for 
        the small ICBM (SICBM) program; and
          (2) none shall be available for the rail garrison MX 
        (RGMX) program.
  (b) Limitation.--(1) The funds described in subsection (a)(1) 
may not be obligated until the Secretary of Defense certifies 
to the congressional defense committees that a sufficient 
amount of such funds will be obligated to conduct a viable 
program of research and development of mobile basing options 
for the SICBM program consistent with the sense of Congress set 
forth in section 231(b)(4) of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 
Stat. 1516).
  (2) Not later than 90 days after the date on which the 
Secretary makes a certification under paragraph (1), the 
Secretary shall submit to the congressional defense committees 
a report describing--
          (A) the revised research and development program for 
        SICBM mobile basing options;
          (B) the amount of the funds that the Secretary 
        intends to obligate in each of fiscal years 1992 
        through 1997 for such program; and
          (C) the earliest date on which a SICBM mobile basing 
        option will be available in the event that conditions 
        warrant a rebasing of the missile from existing 
        Minuteman ICBM silos.
  (c) Report.--Not later than March 1, 1992, the Secretary of 
Defense shall submit to the congressional defense committees a 
report on the cost and practicality of extending the service 
life of existing Minuteman III ICBMs beyond the year 2010.
  (d) Availability of Unobligated Fiscal Year 1991 Funds.--(1) 
Of the balance of the amount appropriated for the Air Force for 
fiscal year 1991 for research, development, test, and 
evaluation for ICBM modernization that remains available for 
obligation, $17,500,000 may, to the extent provided in 
appropriations Acts, be used during fiscal year 1992 for 
obligation for the procurement of MX missiles.
  (2) The authority provided in paragraph (1) does not extend 
the period of the availability for obligation of the funds 
referred to in that paragraph.
  (3) The authority provided in paragraph (1) is in addition to 
any other transfer authority provided in this or any other Act.
---------------------------------------------------------------------------
    \4\Formerly at 10 U.S.C. 2431 note. Sec. 238 of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 
Stat. 233) repealed part C--the Missile Defense Act of 1991. See the 
Ballistic Missile Defense Act of 1995 at secs. 231-238 of Public Law 
104-106 (110 Stat. 228).
---------------------------------------------------------------------------

       Part C--Missile Defense Program * * * [Repealed--1996]\4\

                 Part D--Other Missile Defense Matters

SEC. 241. ARROW TACTICAL ANTI-MISSILE PROGRAM.

  (a) Cooperative Research and Development.--Congress endorses 
a continuing program of cooperative research and development, 
jointly funded by the United States and the government of 
Israel, on the Arrow Tactical Anti-Missile program with a view 
to proving out (through such cooperative research and 
development) the feasibility and practicality of the system.
  (b) Arrow Deployability Initiative.--(1) Subject to 
paragraphs (2) and (3), the Secretary of Defense may obligate 
from funds appropriated pursuant to section 201 for fiscal year 
1992 up to $54,400,000 for the purpose of initiating research 
and development of systems to deploy the Arrow missile in the 
future, such as battle management, lethality, system 
integration, test bed, and fire control radar. Funds for such 
purpose may not be derived from funds available for the 
Strategic Defense Initiative.
  (2) The authority under paragraph (1) is in addition to any 
other authority provided in this Act regarding the Arrow 
Tactical Anti-Missile program.
  (3) Funds may not be obligated for the purpose described in 
paragraph (1) unless--
          (A) the United States and the government of Israel 
        enter into a Memorandum of Understanding governing the 
        conduct and funding of such an effort;
          (B) the Secretary of Defense certifies to the 
        congressional defense committees that the Arrow missile 
        has successfully completed the current four-test proof-
        of-principle flight test program; and
          (C)\5\ the President has certified to Congress--
---------------------------------------------------------------------------
    \5\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 
delegating the authority in sec. 241(b)(3)(C) to make certain 
certifications to the Secretary of State.
---------------------------------------------------------------------------
                  (i) with respect to any waiver of activities 
                sanctionable under the laws described in 
                paragraph (4) granted on or before the date of 
                the enactment of this Act to any firm involved 
                in the Arrow program at the time of such 
                certification, that such activities have been 
                terminated and the government of the nation in 
                which such firm is located has given assurances 
                to the United States that such activities by 
                such firm will not be repeated; and
                  (ii) that the government of Israel has 
                undertaken to adopt export controls pursuant to 
                the Guidelines and Annex of the Missile 
                Technology Control Regime (MTCR).
  (4) The laws referred to in paragraph (3)(C)(i) are section 
73(a)(1) of the Arms Export Control Act, section 11B(b)(1) of 
the Export Administration Act of 1979, and sections 1702 and 
1703 of the National Defense Authorization Act for Fiscal Year 
1991 (Public Law 101-510).

SEC. 242. DEVELOPMENT AND TESTING OF ANTI-BALLISTIC MISSILE SYSTEMS OR 
                    COMPONENTS.

  (a) Use of Funds.--
          (1) Limitation.--Funds appropriated to the Department 
        of Defense for fiscal year 1992, or otherwise made 
        available to the Department of Defense from any funds 
        appropriated for fiscal year 1992 or for any fiscal 
        year before 1992, may not be obligated or expended--
                  (A) for any development or testing of anti-
                ballistic missile systems or components except 
                for development and testing consistent with the 
                development and testing described in the May 
                1991 SDIO Report; or
                  (B) for the acquisition of any material or 
                equipment (including any long lead materials, 
                components, piece parts, test equipment, or any 
                modified space launch vehicle) required or to 
                be used for the development or testing of anti-
                ballistic missile systems or components, except 
                for material or equipment required for 
                development or testing consistent with the 
                development and testing described in the May 
                1991 SDIO Report.
          (2) Exception.--The limitation under paragraph (1) 
        shall not apply to funds transferred to or for the use 
        of the Strategic Defense Initiative for fiscal year 
        1992 if the transfer is made in accordance with section 
        1001 of this Act.
  (b) Definition.--In this section, the term ``May 1991 SDIO 
Report'' means the report entitled, ``1991 Report to Congress 
on the Strategic Defense Initiative,'' dated May 16, 1991, 
prepared by the Strategic Defense Initiative Organization and 
submitted to certain committees of the Senate and House of 
Representatives by the Secretary of Defense pursuant to section 
224 of the National Defense Authorization Act for Fiscal Years 
1990 and 1991 (Public Law 101-189; 103 Stat. 1398; 10 U.S.C. 
2431).

                         Part E--Other Matters

SEC. 251. MEDICAL COUNTERMEASURES AGAINST BIOWARFARE THREATS.

  (a) Funding.--Of the amounts appropriated pursuant to section 
201 for fiscal year 1992, not more than $53,800,000 shall be 
available for the medical component of the Biological Defense 
Research Program (BDRP) of the Department of Defense.
  (b) Limitations.--(1) No funds appropriated or otherwise made 
available for the Department of Defense for fiscal year 1992 
may be obligated or expended for product development, or for 
research, development, testing, or evaluation, of medical 
countermeasures against a biowarfare threat except for medical 
countermeasures against a validated biowarfare threat agent or 
a potential (far-term) biowarfare threat agent.
  (2) Of the funds made available pursuant to subsection (a), 
not more than $10,000,000 may be obligated or expended for 
research, development, testing, and evaluation of medical 
countermeasures against potential (far-term) biowarfare 
threats.
  (c) Definitions.--In this section:
          (1) The term ``biowarfare threat agent'' means a 
        biological agent that--
                  (A) is named in the biological warfare threat 
                list published jointly by the Defense 
                Intelligence Agency (DIA) and the Armed Forces 
                Medical Intelligence Center (AFMIC); or
                  (B) is identified as a biowarfare agent by 
                the Deputy Chief of Staff of the Army for 
                Intelligence in accordance with Army 
                regulations applicable to intelligence support 
                for the medical component of the Biological 
                Defense Research Program.
          (2) The term ``validated biowarfare threat agent'' 
        means a biowarfare threat agent that is being or has 
        been developed or produced for weaponization within 10 
        years, as assessed and determined jointly by the 
        Defense Intelligence Agency and the Armed Forces 
        Medical Intelligence Center.
          (3) The term ``potential (far-term) biowarfare threat 
        agent'' means a biowarfare threat agent that is an 
        emerging or future biowarfare threat, is the object of 
        research by a foreign threat country, and will be ready 
        for weaponization in more than 10 years and less than 
        20 years, as assessed and determined jointly by the 
        Defense Intelligence Agency and the Armed Forces 
        Medical Intelligence Center.
          (4) The term ``weaponization'' means incorporation 
        into usable ordnance or other militarily useful means 
        of delivery.
          * * * * * * *

SEC. 255. CONTINUED COOPERATION WITH JAPAN ON TECHNOLOGY RESEARCH AND 
                    DEVELOPMENT.

  Of the funds authorized to be appropriated pursuant to 
section 201 for research, development, test, and evaluation for 
fiscal year 1992, and made available for basic research, 
exploratory development, and advanced technology, $10,000,000 
shall be available for such fiscal year for research and 
development projects conducted jointly by the United States and 
Japan in accordance with section 1454(d) of the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
510; 104 Stat. 1695).
          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

                Part A--Authorizations of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

  (a) Authorization of Appropriations.--Funds are hereby 
authorized to be appropriated for fiscal year 1992 for the use 
of the Armed Forces and other activities and agencies of the 
Department of Defense for expenses, not otherwise provided for, 
for operation and maintenance in amounts as follows:
           * * *
          (14) For Drug Interdiction and Counter-Drug 
        Activities, Defense, $1,158,600,000.
           * * *
          (17) For Humanitarian Assistance, $13,000,000.
  (b) * * *
  (c) Authorization of Appropriations for Fiscal Year 1993.--
Funds are hereby authorized to be appropriated for fiscal year 
1993 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance in 
amounts as follows:
           * * *
          (13) For Drug Interdiction and Counter-Drug 
        Activities, Defense, $1,249,400,000.
           * * *
          (16) For Humanitarian Assistance, $13,000,000.
          * * * * * * *

SEC. 304.\6\ HUMANITARIAN ASSISTANCE.

  (a) Purpose.--(1) Funds appropriated pursuant to the 
authorization in section 301(a)(17) for humanitarian assistance 
shall be used for the purpose of providing transportation for 
humanitarian relief for persons displaced or who are refugees 
because of the invasion of Afghanistan by the Soviet Union.
---------------------------------------------------------------------------
    \6\See 10 U.S.C. 2551. See also sec. 304 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 
2361). Sec. 304(e) of that Act struck out subsec. (f) of this sec., 
relating to reports to Congress.
---------------------------------------------------------------------------
  (2) Of the funds authorized to be appropriated for fiscal 
year 1992 pursuant to such section for such purpose, not more 
than $3,000,000 shall be available for distribution of 
humanitarian relief supplies to displaced persons or refugees 
who are noncombatants, including those affiliated with the 
Cambodian non-Communist resistance, at or near the border 
between Thailand and Cambodia.
  (b) Authority To Transfer Funds.--The Secretary of Defense 
may transfer to the Secretary of State not more than $3,000,000 
of the funds appropriated pursuant to such section for fiscal 
year 1992 for humanitarian assistance, other than the funds 
described in subsection (a)(2), to provide for--
          (1) the payment of administrative costs incurred in 
        providing the transportation described in subsection 
        (a); and
          (2) the purchase or other acquisition of 
        transportation assets for the distribution of 
        humanitarian relief supplies in the country of 
        destination.
  (c) Transportation Under Direction of the Secretary of 
State.--Transportation for humanitarian relief provided with 
funds appropriated pursuant to such section for humanitarian 
assistance shall be provided under the direction of the 
Secretary of State.
  (d) Means of Transportation To Be Used.--Transportation for 
humanitarian relief provided with funds appropriated pursuant 
to such section for humanitarian assistance shall be provided 
by the most economical commercial or military means available, 
unless the Secretary of State determines that it is in the 
national interest of the United States to provide 
transportation other than by the most economical means 
available. The means used to provide such transportation may 
include the use of aircraft and personnel of the reserve 
components of the Armed Forces.
  (e) Availability of Funds.--Funds appropriated pursuant to 
such section for humanitarian assistance shall remain available 
until expended, to the extent provided in appropriation Acts.
          * * * * * * *

                         Part D--Other Matters

SEC. 341.\7\ ANNUAL REPORT ON DEFENSE CAPABILITIES AND PROGRAMS OF THE 
                    ARMED FORCES. * * *
---------------------------------------------------------------------------

    \7\Sec. 341 amended 10 U.S.C. 113(i)(2).
---------------------------------------------------------------------------
          * * * * * * *

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

          * * * * * * *

       Part C--Defense Industrial and Technology Base Initiatives

SEC. 821.\8\ DEVELOPMENT OF CRITICAL TECHNOLOGIES. * * *
---------------------------------------------------------------------------

    \8\Sec. 821 added secs. 2521, 2523-2526, and redesignated sec. 2508 
as 2522 of 10 U.S.C., as chapter 150--Development of Dual-Use Critical 
Technologies. Secs. 2525 and 2526, establishing the Office for Foreign 
Defense Critical Technology Monitoring and Assessment, and the Overseas 
foreign critical technology monitoring and assessment financial 
assistance program, have been redesignated as secs. 2517-18, 
respectively.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 828.\9\ UNITED STATES-JAPAN MANAGEMENT TRAINING PROGRAMS. * * *
---------------------------------------------------------------------------

    \9\Sec. 828 added 10 U.S.C. 2198--Management training program in 
Japanese language and culture.
---------------------------------------------------------------------------
          * * * * * * *

             Part D--Other Defense Industrial Base Matters

SEC. 831. REQUIREMENT FOR SUBMITTAL OF PLANS RELATING TO THE 
                    IMPROVEMENT OF THE DEFENSE INDUSTRIAL BASE.

    (a) Evaluation of Use of Foreign Components by Defense 
Industrial Base.--(1) The Secretary of Defense shall submit to 
the congressional defense committees a plan for the collection 
and assessment of information on the extent to which the 
defense industrial base of the United States--
          (A) procures subsystems of weapon systems, components 
        of weapon systems, and components of subsystems of 
        weapon systems from foreign sources; and
          (B) is dependent upon those foreign sources for the 
        procurement of such subsystems and components.
    (2) The report shall be prepared in coordination with the 
Secretary of Commerce and the United States Trade 
Representative.
    (3) The report shall be submitted not later than March 15, 
1992.
    (b) Identification of Barriers to Integration of Commercial 
and Defense Industrial Base.--(1) The Secretary of Defense 
shall submit to the congressional defense committees a plan for 
the removal of barriers to the effective integration of the 
commercial and defense sectors of the industrial base of the 
United States.
  (2) The plan shall include--
          (A) the Secretary's recommendations for any 
        legislation necessary to remove those barriers;
          (B) a discussion of the actions to be taken by the 
        Secretary to remove those barriers; and
          (C) a summary of the information relied on in the 
        development of the plan.
  (3) The Secretary shall designate an official within the 
Office of the Secretary of Defense to develop the plan. In 
developing the plan, that official shall, in consultation with 
appropriate representatives of other departments and agencies 
of the Federal Government, State and local governments, and the 
private sector, identify and evaluate--
          (A) the areas of industrial production in which a 
        greater integration of commercial and defense 
        activities would be beneficial for national defense 
        purposes;
          (B) any Federal, State, and local statutes, 
        regulations, and policies that are barriers to the 
        integration of those activities; and
          (C) the actions necessary to remove the barriers to 
        the integration of those activities.
  (4) The report shall be submitted not later than September 
30, 1992.

SEC. 832.\10\ REQUIREMENTS RELATING TO EUROPEAN MILITARY PROCUREMENT 
                    PRACTICES.
---------------------------------------------------------------------------

    \10\10 U.S.C. 113 note.
---------------------------------------------------------------------------
  (a) European Procurement Practices.--The Secretary of Defense 
shall--
          (1) compute the total value of American-made military 
        goods and services procured each year by European 
        governments or companies;
          (2) review defense procurement practices of European 
        governments to determine what factors are considered in 
        the selection of contractors and to determine whether 
        American firms are discriminated against in the 
        selection of contractors for purchases by such 
        governments of military goods and services; and
          (3) establish a procedure for discussion with 
        European governments about defense contract awards made 
        by them that American firms believe were awarded 
        unfairly.
  (b) Defense Trade and Cooperation Working Group.--The 
Secretary of Defense shall establish a defense trade and 
cooperation working group. The purpose of the group is to 
evaluate the impact of, and formulate United States positions 
on, European initiatives that affect United States defense 
trade, cooperation, and technology security. In carrying out 
the responsibilities of the working group, members of the group 
shall consult, as appropriate, with personnel in the 
Departments of State and Commerce and in the Office of the 
United States Trade Representative.
  (c) GAO Review.--The Comptroller General shall conduct a 
review to determine how the members of the North Atlantic 
Treaty Organization are implementing their bilateral reciprocal 
defense procurement memoranda of understanding with the United 
States. The Comptroller General shall complete the review, and 
submit to Congress a report on the results of the review, not 
later than February 1, 1992.

SEC. 833.\11\ BUY AMERICAN ACT WAIVER RESCISSIONS.
---------------------------------------------------------------------------

    \11\Former 41 U.S.C. 10b-2. See new 41 U.S.C. 10b-2 at sec. 8042 of 
Department of Defense Appropriations Act, 1997 (sec. 101(b) of title I 
of Public Law 104-208; 110 Stat. 3009).
---------------------------------------------------------------------------
  (a) Determination by the Secretary of Defense.--(1) If the 
Secretary of Defense, after consultation with the United States 
Trade Representative, determines that a foreign country which 
is party to an agreement described in paragraph (2) has 
violated the terms of the agreement by discriminating against 
certain types of products produced in the United States that 
are covered by the agreement, the Secretary of Defense shall 
rescind the Secretary's blanket waiver of the Buy American Act 
with respect to such types of products produced in that foreign 
country.
  (2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of understanding 
between the United States and a foreign country pursuant to 
which the Secretary of Defense has prospectively waived the Buy 
American Act for certain products in that country.
  (b) Report to Congress.--The Secretary of Defense shall 
submit to Congress a report on the amount of Department of 
Defense purchases from foreign entities in fiscal years 1992 
and 1993. Such report shall separately indicate the dollar 
value of items for which the Buy American Act was waived 
pursuant to any agreement described in subsection (a)(2), the 
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a party.
  (c) Buy American Act Defined.--For purposes of this section, 
the term ``Buy American Act'' means title III of the Act 
entitled ``An Act making appropriations for the Treasury and 
Post Office Departments for the fiscal year ending June 30, 
1934, and for other purposes'', approved March 3, 1933 (41 
U.S.C. 10a et seq.).
          * * * * * * *

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

          * * * * * * *

                      Part C--Intelligence Matters

          * * * * * * *

SEC. 924.\12\ DEPARTMENT OF DEFENSE USE OF NATIONAL INTELLIGENCE 
                    COLLECTION SYSTEMS.

  (a) Procedures for Use.--The Secretary of Defense, after 
consultation with the Director of Central Intelligence, shall 
prescribe procedures for regularly and periodically exercising 
national intelligence collection systems and exploitation 
organizations that would be used to provide intelligence 
support, including support of the combatant commands, during a 
war or threat to national security.
---------------------------------------------------------------------------
    \12\10 U.S.C. 113 note.
---------------------------------------------------------------------------
  (b) Use in Joint Training Exercises.--In accordance with 
procedures prescribed under subsection (a), the Chairman of the 
Joint Chiefs of Staff shall provide for the use of the national 
intelligence collection systems and exploitation organizations 
in joint training exercises to the extent necessary to ensure 
that those systems and organizations are capable of providing 
intelligence support, including support of the combatant 
commands, during a war or threat to national security.
  (c) Report.--Not later than May 1, 1992, the Secretary of 
Defense and the Director of Central Intelligence shall submit 
to the congressional defense committees, the Select Committee 
on Intelligence of the Senate, and the Permanent Select 
Committee on Intelligence of the House of Representatives a 
joint report--
          (1) describing the procedures prescribed under 
        subsection (a); and
          (2) stating the assessment of the Chairman of the 
        Joint Chiefs of Staff of the performance in joint 
        training exercises of the national intelligence 
        collection systems and the Chairman's recommendations 
        for any changes that the Chairman considers appropriate 
        to improve that performance.

                      TITLE X--GENERAL PROVISIONS

                  Part A--Financial and Budget Matters

SEC. 1001. TRANSFER AUTHORITY.

  (a) Authority To Transfer Authorizations.--(1) Upon 
determination by the Secretary of Defense that such action is 
necessary in the national interest, the Secretary may transfer 
amounts of authorizations made available to the Department of 
Defense in this division for fiscal year 1992 between any such 
authorizations for that fiscal year (or any subdivisions 
thereof). Amounts of authorizations so transferred shall be 
merged with and be available for the same purposes as the 
authorization to which transferred.
  (2) The total amount of authorizations that the Secretary of 
Defense may transfer under the authority of this section may 
not exceed $2,250,000,000.
  (b) Limitations.--The authority provided by this section to 
transfer authorizations--
          (1) may only be used to provide authority for items 
        that have a higher priority than the items from which 
        authority is transferred; and
          (2) may not be used to provide authority for an item 
        that has been denied authorization by Congress.
  (c) Effect on Authorization Amounts.--A transfer made from 
one account to another under the authority of this section 
shall be deemed to increase the amount authorized for the 
account to which the amount is transferred by an amount equal 
to the amount transferred.
  (d) Notice to Congress.--The Secretary of Defense shall 
promptly notify Congress of transfers made under the authority 
of this section.
          * * * * * * *

               Part B--Naval Vessels and Related Matters

          * * * * * * *

SEC. 1014. REPORT ON CRITERIA USED BY NAVY FOR RECOMMENDING APPROVAL OF 
                    SUBMARINE EXPORT LICENSE.

  Not later than four months after the date of the enactment of 
this Act, the Secretary of the Navy shall submit to the 
congressional defense committees a report on the matters that 
would be taken into account and the criteria that would be used 
by the Secretary in determining whether to recommend to the 
Secretary of State that a license for the export of a submarine 
constructed in the United States be granted to the applicant 
for the license.
          * * * * * * *

          Part D--Matters Related to Allies and Other Nations

SEC. 1041. SENSE OF CONGRESS REGARDING UNITED STATES TROOPS IN EUROPE.

  It is the sense of Congress that--
          (1) the United States has a strong interest in 
        continuing and strengthening the North Atlantic Treaty 
        Organization (NATO) to preserve world peace and 
        security and to aid in the transition to a Europe that 
        is whole and free;
          (2) the United States should work with its NATO 
        allies to adapt NATO to better respond to the changing 
        world situation, which includes--
                  (A) the dissolution of the Warsaw Pact as a 
                military and political alliance;
                  (B) the reduction in the threat of attack on 
                western Europe posed by the Soviet Union;
                  (C) the reduction in the amount of financial 
                resources that the United States is able to 
                devote to defense spending; and
                  (D) the improved ability of other member 
                nations of NATO to carry a greater share of the 
                common NATO defense burden;
          (3) barring unforeseen developments which result in a 
        substantial increase in the threat to the national 
        security of the United States, the Armed Forces should 
        plan for an end strength level of members of the Armed 
        Forces assigned to permanent duty ashore in European 
        member nations of NATO that should not exceed 
        approximately 100,000 members by the end of fiscal year 
        1995; and
          (4) a principal function of the members so assigned 
        should be to facilitate the rapid and large-scale 
        reception of reinforcing United States troops in the 
        event of a military necessity.

SEC. 1042.\13\ REDUCTION IN AUTHORIZED END STRENGTH FOR THE NUMBER OF 
                    MILITARY PERSONNEL IN EUROPE. * * *
---------------------------------------------------------------------------

    \13\Sec. 1042 amended sec. 1002(c)(1) of the Department of Defense 
Authorization Act, 1985 (22 U.S.C. 1928 note).
---------------------------------------------------------------------------

SEC. 1043. STRATEGIC FRAMEWORK AND DISTRIBUTION OF RESPONSIBILITIES FOR 
                    THE SECURITY OF ASIA AND THE PACIFIC.

  (a) Findings.--Congress makes the following findings:
          (1) The alliance between the United States and its 
        allies in East Asia contributes greatly to the security 
        of that region.
          (2) It is in the national interest of the United 
        States to maintain a forward military and naval 
        presence in East Asia.
          (3) The pace of economic, political, and social 
        advances in many of the East Asian countries, 
        particularly Japan and South Korea, continues to 
        accelerate.
          (4) As a result of such advances the capacity of 
        those countries to contribute to the responsibilities 
        for their own defense has increased dramatically.
          (5) While the level of defense burdensharing by Japan 
        and South Korea has increased, continued acceleration 
        of the rate of transfer of that burden is desirable.
          (6) The United States remains committed to the 
        security of its friends and allies in Asia and the 
        Pacific Rim region.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the United States should regularly review the 
        missions, force structure, and locations of its 
        military forces in Asia and the Pacific, including 
        Hawaii;
          (2) the United States should also regularly review 
        its basing structure in the Pacific and Asia, with 
        special attention to developments in the Philippines, 
        Japan, and South Korea, and determine basing, forward 
        deployments, maritime and land base prepositioning, 
        amphibious forces, and strategic lift to meet evolving 
        strategic needs;
          (3) the United States should regularly review the 
        threats and potential threats to regional peace, the 
        United States, and its friends and allies;
          (4) the United States should continue to assess the 
        feasibility and desirability of the ongoing partial, 
        gradual reduction of military forces in Asia and the 
        Pacific;
          (5) in view of the advances referred to in subsection 
        (a)(3), Japan and South Korea should continue to assume 
        increased responsibility for their own security and the 
        security of the region;
          (6) Japan and South Korea should continue to offset 
        the direct costs incurred by the United States in 
        deploying military forces for the defense of those 
        countries including costs related to the presence of 
        United States military forces in those countries; and
          (7) Japan should continue to contribute to 
        improvements to global stability by contributing to 
        countries in regions of importance to world stability 
        through the Official Development Assistance Program of 
        Japan.
  (c) Report Required.--Not later than April 1, 1992, the 
President shall submit to the congressional defense committees, 
the Committee on Foreign Relations of the Senate, and the 
Committee on Foreign Affairs\14\ of the House of 
Representatives a report on the strategic posture and military 
force structure of the United States in Asia and the Pacific, 
including the forces in Hawaii. The President shall include in 
such report a strategic plan relating to the continued United 
States presence in that region.
---------------------------------------------------------------------------
    \14\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.
---------------------------------------------------------------------------
  (d) Content of Report.--The report required by subsection (c) 
shall specifically include the following matters:
          (1) An assessment of the trends in the regional 
        military balance involving potential threats to the 
        United States and its allies and friends in Asia and 
        the Pacific, with special attention to--
                  (A) the implications of recent developments 
                in the Soviet Union and the People's Republic 
                of China for United States and allied security 
                planning in Asia and the Pacific; and
                  (B) regional conflicts, such as the struggle 
                in Cambodia.
          (2) An assessment of the trends in acquiring and 
        deploying nuclear, biological, and chemical weapons and 
        long range missiles and other delivery systems and 
        other destabilizing transfers of arms and technology.
          (3) An assessment of the extent to which a 
        requirement continues to exist for a regional security 
        role for the United States in East Asia.
          (4) An identification of any changes--
                  (A) in the missions, force structure, and 
                locations of United States military forces in 
                Asia and the Pacific that could strengthen the 
                capabilities of such forces and lower the costs 
                of maintaining such forces; and
                  (B) in contingency and reserve armed forces 
                in the United States and other areas.
          (5) A review of the United States basing structure in 
        the Pacific and Asia with special attention to 
        developments in the Philippines, Japan, and South 
        Korea, including a review of the implications for 
        basing, forward deployments, maritime, and land base 
        prepositioning, amphibious forces, and strategic lift 
        to meet evolving strategic needs.
          (6) A discussion of the strategic implications of the 
        departure of United States forces from Clark Air Force 
        Base and of the remaining facilities in the 
        Philippines.
          (7) A discussion of the need for expanding the United 
        States access to facilities in Singapore and other 
        states in East Asia that are friendly to the United 
        States.
          (8) A discussion of the recent trends in the 
        contributions to burdensharing and the common defense 
        being made by the friends and allies of the United 
        States in Asia and the ways in which increased defense 
        responsibilities and costs presently borne by the 
        United States can be transferred to the friends and 
        allies of the United States in Asia and the Pacific.
          (9) An assessment of the feasibility of relocating 
        United States military personnel and facilities in 
        Japan and South Korea to reduce friction between such 
        personnel and the people of those countries.
          (10) A discussion of any changes in bilateral command 
        arrangements that would facilitate a transfer of 
        military missions and command to allies of the United 
        States in East Asia.
          (11) A discussion of the changes in--
                  (A) the flow of arms and military technology 
                between the United States and its friends and 
                allies;
                  (B) the balance of trade in arms and 
                technology; and
                  (C) the dependence and interdependence 
                between the United States and its friends and 
                allies in military technology.

SEC. 1044. UNITED STATES TROOPS IN KOREA.

  (a) Findings.--Congress makes the following findings:
          (1) The United States plans to reduce its troop 
        presence in the Republic of Korea to 36,500 personnel 
        by the end of 1992.
          (2) The Department of Defense has not announced 
        specific plans for further personnel reductions below 
        that level.
          (3) The National Unification Board of South Korea 
        estimates the gross national product (GNP) of North 
        Korea to have been $21,000,000,000 in 1989, while the 
        Bank of Korea estimates that the size of the Republic 
        of Korea's economy in that year was $210,000,000,000, a 
        factor of 10 larger. At its current growth rate, as 
        estimated by the Economic Planning Board of the 
        Republic of Korea, the annual expansion of the economy 
        of the Republic of Korea is nearly equivalent in size 
        to the entire North Korean economy.
          (4) The Republic of Korea continues to face a 
        substantial military threat from North Korea that 
        requires a vigorous response on both military and 
        diplomatic levels.
          (5) The Republic of Korea has decided to increase its 
        level of host nation support, although such support 
        still falls short of the actual cost involved and short 
        of the relative level provided by the Government of 
        Japan.
          (6) While recognizing that the Republic of Korea has 
        consistently increased its defense budget in real terms 
        by an average of about 6 percent annually for the past 
        five years, to a current level of 4.2 percent of gross 
        national product, the Republic of Korea devotes a 
        smaller share of its economy to defense than does the 
        United States, at 4.9 percent of gross national 
        product.
  (b) Sense of Congress.--It is the sense of the Congress 
that--
          (1) the Republic of Korea remains an important ally 
        of the United States, with the two countries sharing 
        important political, economic, and security interests;
          (2) commensurate with the security situation on the 
        Korean peninsula and the size and vitality of the 
        economy of the Republic of Korea--
                  (A) the Department of Defense should consider 
                whether future reductions of United States 
                military forces from the Republic of Korea 
                beyond those now planned to be completed by the 
                end of 1992 can be made in a way that does not 
                undermine the credibility or effectiveness of 
                those forces against an attack by North Korea; 
                and
                  (B) the Republic of Korea should undertake 
                greater efforts to meet its security 
                requirements, particularly in the area of force 
                modernization; and
          (3) the Government of the Republic of Korea should 
        increase the level of host nation support it provides 
        to United States forces in the area so that its 
        relative level more closely approximates that of Japan.
  (c) Presidential Report.--(1) The President shall transmit to 
Congress, either separately or as part of another relevant 
report, a report on the overall security situation on the 
Korean peninsula, the implications of relevant political and 
economic developments in the area for the security situation 
there, and United States policy for the area.
  (2) Issues covered in the report shall include--
          (A) a qualitative and quantitative assessment of the 
        military balance on the Korean peninsula;
          (B) a description of the material requirements of the 
        armed forces of the Republic of Korea;
          (C) a description of United States military personnel 
        requirements;
          (D) a description of the state of United States-
        Republic of Korea relations, the state of China-
        Republic of Korea relations, and the state of Soviet-
        Republic of Korea relations; and
          (E) a description of prospects for change in North 
        Korea.
  (3) The report shall be transmitted not later than June 30, 
1992, and shall be transmitted in both classified and 
unclassified form.

SEC. 1045.\15\ BURDENSHARING CONTRIBUTIONS BY JAPAN, KUWAIT, AND THE 
                    REPUBLIC OF KOREA.* * * [REDESIGNATED TO 10 USC 
                    2350J--1993]
---------------------------------------------------------------------------

    \15\The revised text of sec. 1045 was incorporated into 10 USC at 
section 2350j by sec. 1402(a) of the National Defense Authorization Act 
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1825).
---------------------------------------------------------------------------

SEC. 1046.\16\ DEFENSE COST-SHARING.
---------------------------------------------------------------------------

    \16\22 U.S.C. 1928 note.
---------------------------------------------------------------------------
  (a) Defense Cost-Sharing Agreements.--(1) The President shall 
consult with the foreign nations described in paragraph (2) to 
seek to achieve, within 12 months after the date of the 
enactment of this Act, an agreement on equitable defense cost-
sharing with each such nation.
  (2) The foreign nations referred to in paragraph (1) are--
          (A) each member nation of the North Atlantic Treaty 
        Organization (other than the United States); and
          (B) every other foreign nation with which the United 
        States has a bilateral or multilateral defense 
        agreement that provides for the assignment of combat 
        units of the Armed Forces of the United States to 
        permanent duty in the nation or the placement of combat 
        equipment of the United States in the nation.
  (3) Each defense cost-sharing agreement entered into under 
paragraph (1) should provide that the foreign nation agrees to 
share equitably with the United States, through cash 
compensation or in-kind contributions, or a combination 
thereof, the costs to the United States that arise solely from 
the implementation of the provisions of the bilateral or 
multilateral defense agreement with that nation.
  (b) Exception.--The provisions of subsection (a) shall not 
apply to those foreign nations that receive assistance under 
section 23 of the Arms Export Control Act (22 U.S.C. 2763) 
relating to the foreign military financing program or under 
chapter 4 of part II of the Foreign Assistance Act of 1961 (22 
U.S.C. 2346 et seq.) relating to the Economic Support Fund.
  (c) Consultations.--In conducting the consultations required 
under subsection (a), the President should make maximum 
feasible use of the Department of Defense and the post of 
Ambassador-at-Large created by section 8125(c) of the 
Department of Defense Appropriations Act, 1989 (10 U.S.C. 113 
note).
  (d) Allies Mutual Defense Payments Account.--The Secretary of 
Defense shall maintain an accounting for defense cost-sharing 
under each agreement entered into with a foreign nation 
pursuant to subsection (a). The accounting shall show for each 
foreign nation the amount and nature of the--
          (1) cost-sharing contributions agreed to by the 
        nation;
          (2) cost-sharing contributions delivered by the 
        nation;
          (3) additional contributions by the nation to any 
        commonly funded multilateral programs providing for 
        United States participation in the common defense;
          (4) contributions by the United States to any such 
        commonly funded multilateral programs;
          (5) contributions of all other nations to any such 
        commonly funded multilateral programs; and
          (6) costs to the United States that arise solely from 
        the implementation of the provisions of the bilateral 
        or multilateral defense agreement with the nation.
  (e) Reporting Requirements.--The Secretary of Defense shall 
include in each Report on Allied Contributions to the Common 
Defense prepared under section 1003 of Public Law 98-525 (22 
U.S.C. 1928 note) information, in classified and unclassified 
form--
          (1) describing the efforts undertaken and the 
        progress made by the President in carrying out 
        subsections (a) and (c) during the period covered by 
        the report;
          (2) specifying the accounting of defense cost-sharing 
        contributions maintained under subsection (d) during 
        that period;\17\
---------------------------------------------------------------------------
    \17\Sec. 1412(b) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1829) struck out 
``and'' at the end of par. (2); struck out a period at the end of par. 
(3), inserting in lieu thereof ``; and'', and added a new par. (4).
---------------------------------------------------------------------------
          (3) assessing how equitably foreign nations not 
        described in subsection (a) or excepted under 
        subsection (b) are sharing the costs and burdens of 
        implementing defense agreements with the United States 
        and how those defense agreements serve the national 
        security interests of the United States; and\17\
          (4)\17\ specifying the incremental costs to the 
        United States associated with the permanent stationing 
        ashore of United States forces in foreign nations.
    (f)\18\ Incremental Costs Defined.--In this section, the 
term ``incremental costs'', with respect to permanent 
stationing ashore of United States forces in foreign nations, 
means the difference between the costs associated with 
maintaining United States military forces in assignments to 
permanent duty ashore in the foreign nations and the costs 
associated with maintaining those same military forces at 
military bases in the United States.
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    \18\Sec. 1313(e) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2895) added subsec. 
(f).
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SEC. 1047.\19\ USE OF CONTRIBUTIONS OF FRIENDLY FOREIGN COUNTRIES AND 
                    NATO FOR COOPERATIVE DEFENSE PROJECTS. * * *
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    \19\Sec. 1047(a) added a new 10 U.S.C. 2350i--Foreign Contributions 
for Cooperative Projects.
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          * * * * * * *

SEC. 1049.\20\ EXTENSION OF AUTHORITY FOR TRANSFER OF EXCESS DEFENSE 
                    ARTICLES TO CERTAIN COUNTRIES. * * *
---------------------------------------------------------------------------

    \20\Sec. 1049(a) amended the authority of sec. 516 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321j). For text, see Legislation on 
Foreign Relations Through 1997, vol. I-A.
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SEC. 1050.\21\ AUTHORITY OF SECRETARY OF DEFENSE IN CONNECTION WITH 
                    COOPERATIVE AGREEMENTS ON AIR DEFENSE IN ITALY.

  (a) Authority To Carry Out Agreements.--The Secretary of 
Defense is authorized to carry out the Italian air defense 
agreements. In carrying out those agreements, the Secretary--
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    \21\Sec. 8119 of the Department of Defense Appropriations Act, 1994 
(Public Law 103-139; 107 Stat. 1466), provided the following:
    ``Sec. 8119. The Secretary of Defense is authorized to use, for 
foreign military sales otherwise authorized under Chapter 39, title 22, 
United States Code, or for transfer to United States Army, Army 
National Guard, or Army Reserves, articles and services procured for 
the implementation of the Italian air defense agreements: Provided, 
That the term `Italian air defense agreements' has the meaning given 
such term in section 1050 of Public Law 102-190 (105 Stat. 1469): 
Provided further, That upon notification of the Government of the 
United States by the Government of Italy of its desire to withdraw from 
the Italian air defense agreement or 180 days from the enactment of 
this Act [enacted November 11, 1993], section 1050 of Public Law 102-
190 (105 Stat. 1469) is repealed.''.
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          (1) may provide without monetary charge to the 
        Republic of Italy articles and services as specified in 
        the agreements; and
          (2) may accept from the Republic of Italy (in return 
        for the articles and services provided under paragraph 
        (1)) articles and services as specified in the 
        agreements.
  (b) Administration of Agreements.--In connection with the 
administration of the Italian 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 (22 U.S.C. 2761(e)(1)(A));
          (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 or components thereof to 
        the Republic of Italy contemplated in the agreements; 
        and
          (3) use, to the extent contemplated in the 
        agreements, the North Atlantic Treaty Organization 
        (NATO) Maintenance and Supply Agency--
                  (A) for the supply of logistic support in 
                Europe for the Patriot missile system; and
                  (B) for the acquisition of such logistic 
                support, to the extent that the Secretary 
                determines that the procedures of that agency 
                governing such supply and acquisition are 
                appropriate.
  (c) Authority Subject to Availability of Appropriations.--The 
authority of the Secretary of Defense to enter into contracts 
under the Italian air defense agreements is available only to 
the extent that appropriated funds are otherwise available for 
that purpose.
  (d) Definition.--For the purposes of this section, the term 
``Italian air defense agreements'' means--
          (1) the agreement entitled ``Memorandum of 
        Understanding Between the Secretary of Defense of the 
        United States of America and the Minister of Defense of 
        the Italian Republic on Cooperative Measures for 
        Enhancing Air Defense in Italy'', signed on March 24, 
        1988; and
          (2) the agreement entitled ``Implementing Agreement 
        to the Memorandum of Understanding Between the 
        Secretary of Defense of the United States of America 
        and the Minister of Defense of the Italian Republic on 
        Cooperative Measures for Enhancing Air Defense in 
        Italy'', signed on April 20, 1990.

SEC. 1051.\22\ EXTENSION OF AWACS AUTHORITY. * * *
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    \22\Sec. 1051 amended 10 U.S.C. 2350e.
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SEC. 1052. TRAINING OF SPECIAL OPERATIONS FORCES WITH FRIENDLY FOREIGN 
                    FORCES.

    (a)\23\ Authority to Pay Training Expenses.-- * * *
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    \23\Sec. 1052(a) added a new 10 U.S.C. 2011--Special Operations 
Forces: Training With Friendly Foreign Forces.
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  (b)\24\ Budgeting for Training.-- * * *
---------------------------------------------------------------------------
    \24\Sec. 1052(b) amended 10 U.S.C. 166.
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SEC. 1053.\25\ EXPANSION OF COUNTRIES ELIGIBLE TO PARTICIPATE IN 
                    FOREIGN COMPARATIVE TESTING PROGRAM. * * *
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    \25\Sec. 1053 amended 10 U.S.C. 2350a(g).
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SEC. 1054. LIMITATION ON EMPLOYMENT OF FOREIGN NATIONALS AT MILITARY 
                    INSTALLATIONS OUTSIDE THE UNITED STATES.

  (a) Authorization.--The number of employment positions on the 
last day of fiscal years 1992 and 1993 at United States 
military installations located outside the United States that 
may be filled by foreign nationals who are employed pursuant to 
an indirect-hire civilian personnel agreement and are paid by 
the United States may not exceed the following:
          (1) For fiscal year 1992, 60,000.
          (2) For fiscal year 1993, 47,750.
  (b) Waiver Authority.--The Secretary of Defense may waive the 
requirement of subsection (a) for a fiscal year if the 
Secretary determines that the national security interests of 
the United States require waiver of such requirement. The 
Secretary shall notify Congress of any use of this waiver 
authority and the reasons for the waiver.
  (c) Sense of Congress.--It is the sense of Congress that, 
beginning with fiscal year 1994, the President should achieve 
reductions (below fiscal year 1993 levels) in the cost to the 
United States of salaries and other remuneration of foreign 
nationals employed at United States military installations 
located outside the United States through agreements under 
which the host countries assume a greater share of these costs.
          * * * * * * *

      Part F--Congressional Findings, Policies, and Commendations

SEC. 1071. SENSE OF CONGRESS RELATING TO THE CONTRIBUTIONS TO OPERATION 
                    DESERT STORM MADE BY THE DEFENSE-RELATED INDUSTRIES 
                    OF THE UNITED STATES.

  (a) Findings.--Congress makes the following findings:
          (1) The United States and its coalition allies 
        achieved a great victory in Operation Desert Storm, 
        carried out in the Persian Gulf region in the winter of 
        1991.
          (2) The outstanding success of Operation Desert Storm 
        was due in great measure to the ready availability of 
        weapons and weapon systems exhibiting remarkable 
        accuracy through advanced technological design.
          (3) These weapons and weapon systems were designed 
        and produced by the defense-related industries of the 
        United States.
          (4) The battle plan for Operation Desert Storm 
        formulated by the commander of the United States 
        Central Command relied on the availability and 
        performance of these weapons and weapon systems.
          (5) The successful use of these weapons and weapon 
        systems in accordance with that plan resulted in 
        astonishingly small numbers of killed and wounded among 
        the Armed Forces of the United States and of allied 
        coalition forces in general.
  (b) Sense of Congress.--It is the sense of Congress--
          (1) that the defense-related industries of the United 
        States, and the men and women who work in those 
        industries, deserve the gratitude and appreciation of 
        the Congress and of the United States for the design 
        and production of the technologically-advanced weapons 
        and weapon systems that helped to ensure victory in 
        Operation Desert Storm;
          (2) that future decisions relating to the national 
        security of the United States must take into account 
        the need to maintain strong defense-related industries 
        in the United States; and
          (3) that it is vitally important to the United States 
        that the defense-related industries of the United 
        States be capable of responding to the national 
        security requirements of the United States.
          * * * * * * *

SEC. 1074. SENSE OF CONGRESS RELATING TO THE CHEMICAL DECONTAMINATION 
                    TRAINING FACILITY, FORT MCCLELLAN, ALABAMA.

  (a) Findings.--Congress makes the following findings:
          (1) The possibility of use of chemical weapons by 
        Iraqi forces was the most significant military threat 
        confronted by members of the Armed Forces of the United 
        States who served in the Persian Gulf region in 
        connection with Operation Desert Storm.
          (2) There continues to be extreme concern with 
        respect to the ever more rapid proliferation of 
        chemical weapons and agents, especially among nations 
        in the Middle East.
          (3) This proliferation makes it increasingly 
        necessary that members of the Armed Forces have the 
        capability of self-defense against chemical weapons and 
        agents.
          (4) Combat training with live chemical agents 
        directly promotes this capability by reducing the life-
        threatening fear and self doubt that some soldiers 
        experience on a battlefield contaminated by chemical 
        weapons or agents.
          (5) Such training further promotes this capability by 
        enhancing the professional credibility of the members 
        of the Armed Forces who train others with respect to 
        chemical weapons and agents.
          (6) The Chemical Decontamination Training Facility 
        (CDTF) located at Fort McClellan, Alabama, is the only 
        facility for conducting combat training with live 
        chemical agents in the Western Hemisphere.
          (7) The operations of the Chemical Decontamination 
        Training Facility depend upon the support activities of 
        the Army Chemical School which is also located at Fort 
        McClellan, Alabama.
          (8) The Defense Base Closure and Realignment 
        Commission has reported that the closure or diminished 
        operation of the Chemical Decontamination Training 
        Facility could have an adverse impact on the capability 
        of the Armed Forces to defend against the use of 
        chemical weapons and agents and, thus, on the national 
        security of the United States.
          (9) The capability of members of the Armed Forces to 
        defend against chemical weapons and agents depends upon 
        maintaining a fully operating facility for conducting 
        combat training with live chemical agents located in 
        the Western Hemisphere including maintaining associated 
        support activities.
  (b) Sense of Congress.--It is the sense of Congress that the 
necessity for the Armed Forces to have an effective live 
chemical agent training facility requires that the Chemical 
Decontamination Training Facility and the Army Chemical School 
be continued in operation at Fort McClellan, Alabama, unless a 
new facility for conducting combat training with live chemical 
agents is constructed.

SEC. 1075. POLICY REGARDING CONTRACTING WITH FOREIGN FIRMS THAT 
                    PARTICIPATE IN THE SECONDARY ARAB BOYCOTT.

  (a) Restatement of Policy Regarding Trade Boycotts.--As 
stated in section 3(5)(A) of the Export Administration Act of 
1979 (50 U.S.C. App. 2402(5)(A)), it is the policy of the 
United States to oppose restrictive trade practices or boycotts 
fostered or imposed by foreign countries against other 
countries friendly to the United States or against any other 
United States person.
  (b) Sense of Congress.--Consistent with the policy referred 
to in subsection (a), it is the sense of Congress that--
          (1) no Department of Defense prime contract should be 
        awarded to a foreign person unless that person 
        certifies to the Secretary of Defense that it does not 
        comply with the secondary Arab boycott of Israel; and
          (2) the Secretary of Defense should consider 
        developing a procurement policy to implement the policy 
        expressed in paragraph (1).
          * * * * * * *

                     Part G--Miscellaneous Matters

          * * * * * * *

SEC. 1082.\26\ DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR 
                    UNITED STATES PERSONNEL OF THE COLD WAR, THE KOREAN 
                    CONFLICT, AND THE VIETNAM ERA.

  (a) Public Availability of Information.--(1) Except as 
provided in subsection (b), the Secretary of Defense shall, 
with respect to any information referred to in paragraph (2), 
place the information in a suitable library-like location 
within a facility within the National Capital region for public 
review and photocopying.
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    \26\50 U.S.C. 401 note. Originally enacted with a catchline that 
read ``Disclosure of Information Concerning United States Personnel 
Classified As Prisoner of War or Missing in Action During Vietnam 
Conflict''; restated by sec. 1036(4) of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 
2842).
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    (2)\27\ Paragraph (1) applies to any record, live-sighting 
report, or other information in the custody of the official 
custodian referred to in subsection (d)(3) that may pertain to 
the location, treatment, or condition of (A) United States 
personnel who remain not accounted for as a result of service 
in the Armed Forces or other Federal Government service during 
the Korean conflict, the Vietnam era, or the Cold War, or (B) 
their remains.
---------------------------------------------------------------------------
    \27\Sec. 1036(1) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2841) amended and 
restated para. (2). It previously referred only to Vietnam-era POW/MIA.
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  (B) For purposes of this section, a Vietnam-era POW/MIA is 
any member of the Armed Forces or civilian employee of the 
United States who was at any time classified as a prisoner of 
war or missing in action during the Vietnam era and whose 
person or remains have not been returned to United States 
control.
  (b) Exceptions.--(1) The Secretary of Defense may not make a 
record or other information available to the public pursuant to 
subsection (a) if--
          (A) the record or other information is exempt from 
        the disclosure requirements of section 552 of title 5, 
        United States Code, by reason of subsection (b) of that 
        section; or
          (B) the record or other information is in a system of 
        records exempt from the requirements of subsection (d) 
        of section 552a of such title pursuant to subsection 
        (j) or (k) of that section.
  (2) The Secretary of Defense may not make a record or other 
information available to the public pursuant to subsection (a) 
if the record or other information specifically mentions a 
person by name unless--
          (A) in the case of a person who is alive (and not 
        incapacitated) and whose whereabouts are known, that 
        person expressly consents in writing to the disclosure 
        of the record or other information; or
          (B) in the case of a person who is dead or 
        incapacitated or whose whereabouts are unknown, a 
        family member or family members of that person 
        determined by the Secretary of Defense to be 
        appropriate for such purpose expressly consent in 
        writing to the disclosure of the record or other 
        information.
  (3)(A) The limitation on disclosure in paragraph (2) does not 
apply in the case of a person who is dead or incapacitated or 
whose whereabouts are unknown if the family member or members 
of that person determined pursuant to subparagraph (B) of that 
paragraph cannot be located by the Secretary of Defense--\28\
---------------------------------------------------------------------------
    \28\Sec. 1085(1) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 457) struck out 
``cannot be located after a reasonable effort.'' and inserted in lieu 
thereof ``cannot be located by the Secretary of Defense--'' and clauses 
(i) and (ii).
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                  (i) in the case of a person missing from the 
                Vietnam era, after a reasonable effort; and
                  (ii) in the case of a person missing from the 
                Korean Conflict or Cold War, after a period of 
                90 days from the date on which any record or 
                other information referred to in paragraph (2) 
                is received by the Department of Defense for 
                disclosure review from the Archivist of the 
                United States, the Library of Congress, or the 
                Joint United States-Russian Commission on POW/
                MIAs.
  (B) Paragraph (2) does not apply to the access of an adult 
member of the family of a person to any record or information 
to the extent that the record or other information relates to 
that person.
  (C) The authority of a person to consent to disclosure of a 
record or other information for the purposes of paragraph (2) 
may be delegated to another person or an organization only by 
means of an express legal power of attorney granted by the 
person authorized by that paragraph to consent to the 
disclosure.
  (c) Deadlines.--(1) In the case of records or other 
information originated by the Department of Defense, the 
official custodian shall make such records and other 
information available to the public pursuant to this section 
not later than January 2, 1996.\29\ Such records or other 
information shall be made available as soon as a review carried 
out for the purposes of subsection (b) is completed.
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    \29\Sec. 1036(2)(A) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2841) struck out ``In 
the case of records or other information that are required by 
subsection (a) to be made available to the public and that are in the 
custody of the Department of Defense on the date of the enactment of 
this Act, the Secretary shall make such records and other information 
available to the public pursuant to this section not later than three 
years after that date.'' and inserted in lieu thereof ``In the case of 
records or other information originated by the Department of Defense, 
the official custodian shall make such records and other information 
available to the public pursuant to this section not later than 
September 30, 1995.'' Sec. 1085(2) of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 
457) subsequently extended this date to January 2, 1996.
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  (2) Whenever\30\ a department or agency of the Federal 
Government receives any record or other information referred to 
in subsection (a) that is required by this section to be made 
available to the public, the head of that department or agency 
shall ensure that such record or other information is provided 
to the Secretary of Defense, and the Secretary shall make such 
record or other information available in accordance with 
subsection (a) as soon as possible and, in any event, not later 
than one year after the date on which the record or information 
is received by the department or agency of the Federal 
Government.
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    \30\Sec. 1036(2)(B) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2841) struck out 
``after March 1, 1992,'' after ``Whenever''.
---------------------------------------------------------------------------
  (3) If the Secretary of Defense determines that the 
disclosure of any record or other information referred to in 
subsection (a) by the date required by paragraph (1) or (2) may 
compromise the safety of any United States personnel referred 
to in subsection (a)(2) who remain not accounted for but who 
may still be alive in captivity,\31\ then the Secretary may 
withhold that record or other information from the disclosure 
otherwise required by this section. Whenever the Secretary 
makes a determination under the preceding sentence, the 
Secretary shall immediately notify the President and the 
Congress of that determination.
---------------------------------------------------------------------------
    \31\Sec. 1036(2)(C) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2842) struck out ``a 
Vietnam-era POW/MIA who may still be alive in Southeast Asia,'' and 
inserted in lieu thereof ``any United States personnel referred to in 
subsection (a)(2) who remain not accounted for but who may still be 
alive in captivity,''.
---------------------------------------------------------------------------
    (d)\32\ Definitions.--For purposes of this section:
---------------------------------------------------------------------------
    \32\Sec. 1036(3) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2842) amended and 
restated subsec. (d). It previously referred only to ``Vietnam era''.
---------------------------------------------------------------------------
          (1) The terms ``Korean conflict'' and ``Vietnam era'' 
        have the meanings given those terms in section 101 of 
        title 38, United States Code.
          (2) The term ``Cold War'' means the period from the 
        end of World War II to the beginning of the Korean 
        conflict and the period from the end of the Korean 
        conflict to the beginning of the Vietnam era.
          (3) The term ``official custodian'' means--
                  (A) in the case of records, reports, and 
                information relating to the Korean conflict or 
                the Cold War, the Archivist of the United 
                States; and
                  (B) in the case of records, reports, and 
                information relating to the Vietnam era, the 
                Secretary of Defense.

SEC. 1083.\33\ FAMILY SUPPORT CENTER FOR FAMILIES OF PRISONERS OF WAR 
                    AND PERSONS MISSING IN ACTION.
---------------------------------------------------------------------------

    \33\10 U.S.C. 113 note.
---------------------------------------------------------------------------
  (a) Request for Establishment.--The President is authorized 
and requested to establish in the Department of Defense a 
family support center to provide information and assistance to 
members of the families of persons who at any time while 
members of the Armed Forces were classified as prisoners of war 
or missing in action in Southeast Asia and who have not been 
accounted for. Such a support center should be located in a 
facility in the National Capital region.
  (b) Duties.--The center should be organized and provided with 
such personnel as necessary to permit the center to assist 
family members referred to in subsection (a) in contacting the 
departments and agencies of the Federal Government having 
jurisdiction over matters relating to such persons.

SEC. 1084.\34\ * * * [REPEALED--1998]
---------------------------------------------------------------------------

    \34\Formerly at 36 U.S.C. 189 note. See 36 U.S.C. 189a--Display of 
POW/MIA Flag--enacted as sec. 1082 of Public Law 105-85 (111 Stat. 
1917). Subsec. (j) of that sec. repealed sec. 1084.
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SEC. 1085.\35\ EXTENSION OF OVERSEAS WORKLOAD PROGRAM. * * *
---------------------------------------------------------------------------

    \35\Sec. 1085 extended the authority of sec. 1465(b) of the 
National Defense Authorization Act for Fiscal Year 1991 (Public Law 
101-510; 104 Stat. 1700). See 10 USC 2349.
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          * * * * * * *

SEC. 1088.\36\ ADDITIONAL DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-
                    DRUG ACTIVITIES. * * *
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    \36\Sec. 1088(a) amended sec. 1004 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 
1629). Subsec. (b) amended 10 U.S.C. 124.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1095.\37\ IRAQ AND THE REQUIREMENTS OF SECURITY COUNCIL RESOLUTION 
                    687.
---------------------------------------------------------------------------

    \37\See other legislation concerning U.S. policy toward Iraq, 
beginning at page 5.
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  (a) Finding.--The Congress finds that the Government of Iraq 
continues to violate United Nations Security Council Resolution 
687, which required Iraq to submit within 15 days of its 
adoption on April 3, 1991, a declaration of the locations, 
amounts, and types of all weapons of mass destruction and to 
``unconditionally accept the destruction, removal or rendering 
harmless'' of chemical weapons, biological weapons, and 
missiles with a range greater than 150 kilometers and the 
removal of nuclear weapons-usable material.
  (b) Sense of Congress.--It is the sense of the Congress 
that--
          (1) Iraq's noncompliance with United Nations Security 
        Council Resolution 687 constitutes a continuing threat 
        to the peace, security, and stability of the Persian 
        Gulf region;
          (2) the President should consult closely with the 
        partners of the United States in the Desert Storm 
        coalition and with the members of the United Nations 
        Security Council in order to present a united front of 
        opposition to Iraq's continuing noncompliance with 
        Security Council Resolution 687; and
          (3) the Congress supports the use of all necessary 
        means to achieve the goals of Security Council 
        Resolution 687 as being consistent with the 
        Authorization for Use of Military Force Against Iraq 
        Resolution (Public Law 102-1).

SEC. 1096.\37\ IRAQ AND THE REQUIREMENTS OF SECURITY COUNCIL RESOLUTION 
                    688.

  (a) Finding.--The Congress finds that the Government of Iraq, 
through its ongoing suppression of the political opposition, 
including Kurds and Shias, continues to violate the Universal 
Declaration of Human Rights and United Nations Security Council 
Resolution 688 which demanded that Iraq ``ensure that the human 
and political rights of all Iraqi citizens are respected''.
  (b) Sense of Congress.--It is the sense of the Congress 
that--
          (1) Iraq's noncompliance with United Nations Security 
        Council Resolution 688 constitutes a continuing threat 
        to the peace, security, and stability of the Persian 
        Gulf region;
          (2) the President should consult closely with the 
        partners of the United States in the Desert Storm 
        coalition and with the members of the United Nations 
        Security Council in order to present a united front of 
        opposition to Iraq's continuing noncompliance with 
        Security Council Resolution 688; and
          (3) the Congress supports the use of all necessary 
        means to achieve the goals of United Nations Security 
        Council Resolution 688 consistent with all relevant 
        United Nations Security Council Resolutions and the 
        Authorization for Use of Military Force Against Iraq 
        Resolution (Public Law 102-1).

SEC. 1097.\38\ ANNUAL REPORT ON THE PROLIFERATION OF MISSILES AND 
                    ESSENTIAL COMPONENTS OF NUCLEAR, BIOLOGICAL, AND 
                    CHEMICAL WEAPONS.

  (a) Report Required.--(1) The President shall submit to the 
Committee on National Security and the Committee on 
International Relations\39\ of the House of Representatives and 
the Committees on Armed Services and Foreign Relations of the 
Senate an annual report on the transfer by any country of 
weapons, technology, or materials that can be used to deliver, 
manufacture, or weaponize nuclear, biological, or chemical 
weapons (hereinafter in this section referred to as ``NBC 
weapons'') to any country other than a country referred to in 
subsection (d) that is seeking to acquire such weapons, 
technology, or materials, or other system that the Secretary of 
Defense has reason to believe could be used to deliver NBC 
weapons.
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    \38\22 U.S.C. 2751 note. 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. * * *
    ``(c) Reporting Requirements. The authority and duties vested in me 
to make certain reports to the Congress as provided in section 1097 of 
the National Defense Authorization Act for Fiscal Years 1992 and 1993 
and section 1364 of the National Defense Authorization Act for Fiscal 
Year 1993 are delegated to the Secretary of State.
    ``(d) Coordination Among Agencies. The Secretaries designated in 
this section shall exercise all functions delegated to them by this 
section in consultation with the Secretary of State, the Secretary of 
Defense, the Secretary of the Treasury, the Secretary of Commerce, the 
Director of the Arms Control and Disarmament Agency, and other 
departments and agencies as appropriate, utilizing the appropriate 
interagency groups prior to any determination to exercise prohibition 
authority delegated hereby.''.
    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).
    \39\Sec. 1502(c)(3) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 507) struck out ``the 
Committees on Armed Services and Foreign Affairs'' and inserted in lieu 
thereof ``the Committee on National Security and the Committee on 
International Relations''.
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  (2) The first such report shall be submitted not later than 
90 days after the date of the enactment of this Act.
  (b) Matters To Be Covered.--Each such report shall cover--
          (1) the transfer of all aircraft, cruise missiles, 
        artillery weapons, unguided rockets and multiple rocket 
        systems, and related bombs, shells, warheads and other 
        weaponization technology and materials that the 
        Secretary has reason to believe may be intended for the 
        delivery of NBC weapons;
          (2) international transfers of MTCR equipment or 
        technology to any country that is seeking to acquire 
        such equipment or any other system that the Secretary 
        has reason to believe may be used to deliver NBC 
        weapons; and
          (3) the transfer of technology, test equipment, 
        radioactive materials, feedstocks and cultures, and all 
        other specialized materials that the Secretary has 
        reason to believe could be used to manufacture NBC 
        weapons.
  (c) Content of Report.--Each such report shall include the 
following:
          (1) The status of missile, aircraft, and other 
        weapons delivery and weaponization programs in any such 
        country, including efforts by such country to acquire 
        MTCR equipment, NBC-capable aircraft, or any other 
        weapon or major weapon component which is dedicated to 
        the delivery of NBC weapons, whose primary use is the 
        delivery of NBC weapons, or that the Secretary has 
        reason to believe could be used to deliver NBC weapons.
          (2) The status of NBC weapons development, 
        manufacture, and deployment programs in any such 
        country, including efforts to acquire essential test 
        equipment, manufacturing equipment and technology, 
        weaponization equipment and technology, and radioactive 
        material, feedstocks or components of feedstocks, and 
        biological cultures and toxins.
          (3) A description of assistance provided by any 
        person or government, after the date of the enactment 
        of this Act, to any such country in the development 
        of--
                  (A) missile systems, as defined in the MTCR 
                or that the Secretary has reason to believe may 
                be used to deliver NBC weapons;
                  (B) aircraft and other delivery systems and 
                weapons that the Secretary has reason to 
                believe could be used to deliver NBC weapons; 
                and
                  (C) NBC weapons.
          (4) A listing of those persons and countries which 
        continue to provide such equipment or technology 
        described in paragraph (3) to any country as of the 
        date of submission of the report.
          (5) A description of the diplomatic measures that the 
        United States, and that other adherents to the MTCR and 
        other agreements affecting the acquisition and delivery 
        of NBC weapons, have made with respect to activities 
        and private persons and governments suspected of 
        violating the MTCR and such other agreements.
          (6) An analysis of the effectiveness of the 
        regulatory and enforcement regimes of the United States 
        and other countries that adhere to the MTCR and other 
        agreements affecting the acquisition and delivery of 
        NBC weapons in controlling the export of MTCR and other 
        NBC weapons and delivery system equipment or 
        technology.
          (7) A summary of advisory opinions issued under 
        section 11B(b)(4) of the Export Administration Act of 
        1979 (50 U.S.C. App. 2401b(b)(4)) and under section 
        73(d) of the Arms Export Control Act (22 U.S.C. 
        2797b(d)) .
          (8) An explanation of United States policy regarding 
        the transfer of MTCR equipment or technology to foreign 
        missile programs, including programs involving launches 
        of space vehicles.
  (d) Exclusions.--The countries excluded under subsection (a) 
are Australia, Belgium, Canada, Denmark, Germany, France,\40\ 
Greece, Iceland, Israel, Italy, Japan, Luxembourg, the 
Netherlands, Norway, Portugal, Spain, Turkey, the United 
Kingdom, and the United States.
---------------------------------------------------------------------------
    \40\Sec. 1504(d) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 514) struck out ``the 
Federal Republic of Germany, France'' and inserted in lieu thereof 
``France, Germany''.
---------------------------------------------------------------------------
  (e) Classification of Report.--The President shall make every 
effort to submit all of the information required by this 
section 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 
concurrently a detailed summary, in unclassified form, of that 
classified information.
  (f) Definitions.--For purposes of this section:
          (1) The terms ``missile'', ``MTCR'', and ``MTCR 
        equipment or technology'' have the meanings given those 
        terms in section 74 of the Arms Export Control Act (22 
        U.S.C. 2797c).\41\
---------------------------------------------------------------------------
    \41\For text, see Legislation on Foreign Relations Through 1997, 
vol. I-A.
---------------------------------------------------------------------------
          (2) The term ``weaponize'' or ``weaponization'' means 
        to incorporate into, or the incorporation into, usable 
        ordnance or other militarily useful means of delivery.
  (g) Repeal of Superseded Law.--Section 1704 of the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
510; 104 Stat. 1749; 22 U.S.C. 2797) is repealed.
          * * * * * * *

 TITLE XII--SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR OPERATION 
                              DESERT STORM

SEC. 1201. EXTENSION OF SUPPLEMENTAL AUTHORIZATIONS.

  (a) Applicability of Public Law 102-25 Authorizations to 
Fiscal Year 1992.--Sections 101 and 102(c) of Public Law 102-25 
(105 Stat. 78) are each amended by striking out ``fiscal year 
1991'' each place it appears and inserting in lieu thereof 
``fiscal years 1991 and 1992''.
  (b) Limitation on Applicability of Notice-and-Wait 
Requirement.--The provisions of section 105 of Public Law 102-
25 (105 Stat. 79) shall apply only to appropriations provided 
in Public Law 102-28 (105 Stat. 161).\42\
---------------------------------------------------------------------------
    \42\See text of Public Law 102-28 at 105 Stat. 161.
---------------------------------------------------------------------------
  (c) Increased Limitation on Authority for Transfer of Fiscal 
Year 1992 Authorizations.--The amount of the transfer authority 
provided in section 1001 is increased by the amount of the 
transfers of funds made to fiscal year 1992 appropriations 
accounts pursuant to sections 101 and 102(c) of Public Law 102-
25, as amended by subsection (a).
  (d) Technical Amendments.-- * * *
          * * * * * * *

SEC. 1203. DEFINITIONS.

  (a) Inclusion of Operation Provide Comfort.--Section 3(1) of 
Public Law 102-25 (105 Stat. 77) is amended by striking out 
``Operation Desert Shield and Operation Desert Storm'' and 
inserting in lieu thereof ``Operation Desert Shield, Operation 
Desert Storm, and Operation Provide Comfort''.
  (b) Incremental Costs Associated With Operation Desert 
Storm.--In this title, the term ``incremental costs associated 
with Operation Desert Storm'' has the meaning given such term 
in section 3(2) of Public Law 102-25 (105 Stat. 77).

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

  This division may be cited as the ``Military Construction 
Authorization Act for Fiscal Year 1992''.
          * * * * * * *

      TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

  The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Infrastructure program as provided 
in section 2806 of title 10, United States Code, in an amount 
not to exceed the sum of the amount authorized to be 
appropriated for this purpose in section 2502 and the amount 
collected from the North Atlantic Treaty Organization as a 
result of construction previously financed by the United 
States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

  Funds are hereby authorized to be appropriated for fiscal 
years beginning after September 30, 1991, for contributions by 
the Secretary of Defense under section 2806 of title 10, United 
States Code, for the share of the United States of the cost of 
projects for the North Atlantic Treaty Organization 
Infrastructure program as authorized by section 2501, in the 
amount of $225,000,000.
          * * * * * * *

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

SEC. 2701. EXPIRATION OF AUTHORIZATIONS.

  (a) Expiration of Authorizations After Three Years in Certain 
Cases.--Except as provided in subsection (b), all 
authorizations contained in titles XXI, XXII, XXIII, XXIV, XXV, 
and XXVI for military construction projects, land acquisition, 
family housing projects and facilities, and contributions to 
the North Atlantic Treaty Organization Infrastructure program 
(and authorizations of appropriations therefor) shall expire on 
the later of--
          (1) October 1, 1994; or
          (2) the date of the enactment of an Act authorizing 
        funds for military construction for fiscal year 1995.
  (b) Exception.--Subsection (a) shall not apply with respect 
to authorizations for military construction projects, land 
acquisition, family housing projects and facilities, and 
contributions to the North Atlantic Treaty Organization 
Infrastructure program (and authorizations of appropriations 
therefor), for which appropriated funds have been obligated 
before the later of--
          (1) October 1, 1994; or
          (2) the date of the enactment of an Act authorizing 
        funds for fiscal year 1995 for military construction 
        projects, land acquisitions, family housing projects 
        and facilities, or contributions to the North Atlantic 
        Treaty Organization Infrastructure program.
          * * * * * * *

                    TITLE XXVIII--GENERAL PROVISIONS

          * * * * * * *

              Part D--Prohibition on Certain Construction

SEC. 2851. PROHIBITION ON CONSTRUCTION AT CROTONE, ITALY.

  None of the funds available to the Department of Defense, 
including contributions for the North Atlantic Treaty 
Organization Infrastructure program pursuant to section 2806 of 
title 10, United States Code, may be obligated in connection 
with relocating functions of the Department of Defense located 
at Torrejon Air Force Base, Madrid, Spain, on June 15, 1989, to 
Crotone, Italy.
          * * * * * * *

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

                         Part C--Miscellaneous

          * * * * * * *

SEC. 3140. REPORT ON SCHEDULE FOR RESUMPTION OF NUCLEAR TESTING TALKS 
                    AND TEST BAN READINESS PROGRAM.

  (a) Sense of Congress.--It is the sense of Congress that the 
United States and the Soviet Union share a special 
responsibility to resume the Nuclear Testing Talks to continue 
negotiations toward additional limitations on nuclear weapons 
testing.
  (b) Report.--Not later than 60 days after the date of the 
enactment of this Act, the President shall submit to Congress a 
report containing a proposed schedule for resumption of the 
Nuclear Testing Talks and identifying the goals to be pursued 
in those talks.
  (c) Nuclear Test Ban Readiness Program.--Of the funds 
appropriated to the Department of Energy for fiscal year 1992 
for weapons activities, $20,000,000 shall be available to 
conduct the nuclear test ban readiness program established 
pursuant to section 1436 of the National Defense Authorization 
Act, Fiscal Year 1989 (Public Law 100-456; 42 U.S.C. 2121 
note).

SEC. 3141. WARHEAD DISMANTLEMENT AND MATERIAL DISPOSAL.

  (a) Findings.--The Congress makes the following findings:
          (1) On September 27, 1991, the President announced as 
        part of a unilateral initiative designed to ``enhance 
        stability and reduce the risk of nuclear war,'' that 
        the United States should explore with the Soviet Union 
        ``joint technical cooperation on the safe and 
        environmentally responsible storage, transportation, 
        dismantling, and destruction of nuclear weapons''.
          (2) On October 5, 1991, the President of the Soviet 
        Union stated in response that ``We hereby stress 
        readiness to embark on a specific dialogue with the 
        United States on the elaboration of safe and 
        ecologically responsible technologies for the storage 
        and transportation of nuclear warheads and nuclear 
        charges, and to design jointly measures to enhance 
        nuclear safety''.
          (3) The President's initiative and the Soviet 
        response hold out the prospect of enhancing stability 
        and reducing the risk of nuclear war.
  (b) Congressional Endorsement.--Congress strongly endorses 
the initiative proposed by the President and the Soviet 
response and looks forward--
          (1) to hearing the proposed initiatives of the 
        President during the congressional review of the 
        President's proposed budget for fiscal year 1993; and
          (2) to helping facilitate such initiatives through 
        appropriate legislative measures which are requested by 
        the President.
  (c) Warhead Dismantlement.--Of the funds appropriated to the 
Department of Energy for fiscal year 1992 for weapons 
activities, $10,000,000 shall be available to conduct a program 
to develop and demonstrate a means for verifiable dismantlement 
of nuclear warheads.

SEC. 3142. REPORT ON NUCLEAR WEAPONS MATTERS.

  (a) Report.--Not later than April 1, 1992, the President 
shall submit to the congressional defense committees a report 
containing the following:
          (1) Information on the national security requirements 
        of each of the following items, for the period 
        beginning on September 30, 1991, and ending on 
        September 30, 2001:
                  (A) The planned stockpile of nuclear weapons.
                  (B) The amount of tritium necessary to 
                maintain the planned stockpile, including--
                          (i) the amount of tritium available 
                        from inventory;
                          (ii) the amount of tritium that must 
                        be produced and when; and
                          (iii) an assessment of the need for 
                        and duration of operation of the K-
                        reactor, located at the Savannah River 
                        Site in South Carolina.
                  (C) The feasibility and desirability of use 
                of W-76 warheads in place of W-88 warheads in 
                the Trident II missiles carried by Trident 
                Fleet Ballistic Missile submarines.
                  (D) The need for and duration of operation of 
                the Rocky Flats Plant facilities (other than 
                Building 559) located at Golden, Colorado, for 
                the purposes of--
                          (i) production of W-88 warheads; and
                          (ii) plutonium operations other than 
                        warhead production.
                  (E) The earliest practicable date for the 
                commencement of operation of facilities that 
                replace the K-reactor and the Rocky Flats 
                Plant, including an assessment of the effect of 
                a delay (beyond the second quarter of fiscal 
                year 1992) in the selection of the site and the 
                technology for the new production reactor.
          (2) A plan for assistance to the workforce at Rocky 
        Flats and the K-reactor, including retraining for new 
        employment opportunities at the sites, that could be 
        provided in the event that either facility ceases 
        production.
  (b) Form of Report.--The report required by subsection (a) 
shall be submitted in classified and unclassified form.
          * * * * * * *

                TITLE XXXV--PANAMA CANAL COMMISSION\43\

          * * * * * * *
---------------------------------------------------------------------------
    \43\See Legislation on Foreign Relations Through 1997, vol. II.
       m. National Defense Authorization Act for Fiscal Year 1991

    Partial text of Public Law 101-510 [H.R. 4739], 104 Stat. 1485, 
 approved November 5, 1990; amended by 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 102-190 
  [National Defense Authorization Act for Fiscal Years 1992 and 1993; 
 H.R. 2100], 105 Stat. 1290, approved December 5, 1991; Public Law 102-
  484 [National Defense Authorization Act for Fiscal Year 1993; H.R. 
 5006], 106 Stat. 2315, approved October 23, 1992; Public Law 103-160 
 [National Defense Authorization Act for Fiscal Year 1994; H.R. 2401], 
    107 Stat. 1547, approved November 30, 1993; Public Law 103-335 
[National Defense Authorization Act for Fiscal Year 1995; S. 2182], 108 
  Stat. 2663, approved October 5, 1994; Public Law 104-106 [National 
  Defense Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 
 186, approved February 10, 1996; Public Law 104-201 [National Defense 
  Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, 
approved September 23, 1996; and by Public Law 105-85 [National Defense 
  Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, 
                       approved November 18, 1997

 AN ACT To authorize appropriations for fiscal year 1991 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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

  This Act may be cited as the ``National Defense Authorization 
Act for Fiscal Year 1991''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS

  (a) Divisions.--This Act is organized into four divisions as 
follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
          (4) Division D--Economic Adjustment, Diversification, 
        Conversion, and Stabilization.
          * * * * * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED

  For purposes of this Act, the term ``congressional defense 
committees'' means the Committees on Armed Services and the 
Committees on Appropriations of the Senate and House of 
Representatives.\1\
---------------------------------------------------------------------------
    \1\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.
---------------------------------------------------------------------------

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

                     Part A--Funding Authorizations

          * * * * * * *

SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM

  Funds are hereby authorized to be appropriated for fiscal 
year 1991 for the destruction of lethal chemical weapons in 
accordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (Public Law 99-145; 99 Stat. 747) in 
the amount of $382,600,000.
          * * * * * * *

                Part F--Nonstrategic Air Force Programs

          * * * * * * *

SEC. 163. CHEMICAL-BIOLOGICAL COLLECTIVE PROTECTION SYSTEMS

  (a) Termination of Procurement of Survivable Collective 
Protection System.--After the date of the enactment of this 
Act, no funds may be obligated for procurement of the 
Survivable Collective Protection System.
  (b) Limitation on Procurement of Transportable Collective 
Protection System.--None of the funds appropriated pursuant to 
this Act may be obligated for procurement of the Transportable 
Collective Protection System until the Secretary of Defense 
submits to the congressional defense committees a report 
setting forth--
          (1) the overall requirements for the program;
          (2) the rationale for the program in light of the 
        chemical weapons arms control agreement between the 
        United States and the Soviet Union and the efforts to 
        achieve a multilateral ban on all chemical weapons;
          (3) the anticipated distribution of assets to be 
        procured under the program, shown by geographic region 
        and by military forces; and
          (4) total program costs.
  (c) Exception for Operation Desert Shield.--The limitation in 
subsection (b) shall not apply with respect to any procurement 
in connection with Operation Desert Shield.
          * * * * * * *

                       Part G--Chemical Munitions

SEC. 171.\2\ ANNUAL REPORT ON SAFETY OF CHEMICAL WEAPONS STOCKPILE * * 
                    *
---------------------------------------------------------------------------

    \2\Sec. 171 amended sec. 1412 of Public Law 99-145 (50 U.S.C. 
1521), at subsecs. (a)(1), (g)(3), and (h)(1).
---------------------------------------------------------------------------

SEC. 172.\3\ FUNDING CLARIFICATION FOR CHEMICAL WEAPONS STOCKPILE 
                    DISPOSAL PROGRAM * * *
---------------------------------------------------------------------------

    \3\Sec. 172 amended sec. 1412(c) of Public Law 99-145 (50 U.S.C. 
1521).
---------------------------------------------------------------------------

SEC. 173.\4\ CHEMICAL WEAPONS STOCKPILE SAFETY CONTINGENCY PLAN
---------------------------------------------------------------------------

    \4\50 U.S.C. 1511 note.
---------------------------------------------------------------------------
  (a) Development of Plan.--The Secretary of Defense shall 
develop a plan setting forth the steps the Department of 
Defense would take if the chemical weapons stockpile of the 
United States began an accelerated rate of deterioration (or 
experienced any other event which called into question its 
continued safe storage) before a comprehensive full-scale 
chemical weapons disposal capability is developed. The plan 
shall address--
          (1) the schedule that would have to be followed to 
        put the plan into effect;
          (2) the level of funding that would be required to 
        put the plan into effect;
          (3) the equipment and other resources that would be 
        required to put the plan into effect; and
          (4) an assessment of how quickly the plan could be 
        placed into effect in the event of an emergency.
  (b) Updates.--The Secretary shall periodically update the 
plan developed pursuant to subsection (a) as needed.
  (c) Submission to Congress.--The Secretary shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives\5\ a copy of the plan developed pursuant to 
subsection (a). The submission shall be made not later than 180 
days after the date of the enactment of this Act.
---------------------------------------------------------------------------
    \5\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.
---------------------------------------------------------------------------
          * * * * * * *

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

          * * * * * * *

                  Part C--Strategic Defense Initiative

SEC. 221.\6\ STRATEGIC DEFENSE INITIATIVE PROGRAM STRUCTURE AND 
                    LIMITATIONS ON SPENDING
---------------------------------------------------------------------------

    \6\10 U.S.C. 2431 note.
---------------------------------------------------------------------------
  (a) Program Elements.--(1) The following program elements 
shall be the exclusive program elements for the Strategic 
Defense Initiative:
          (A) Phase I Defenses.
          (B) Limited Protection Systems.
          (C) Theater and ATBM Defenses.
          (D) Follow-On Systems.
          (E) Research and Support Activities.
  (2) The program elements in paragraph (1) shall be the only 
program elements used in the program and budget information 
concerning the Strategic Defense Initiative submitted to 
Congress by the Secretary of Defense in support of the budget 
submitted to Congress by the President under section 1105 of 
title 31, United States Code, for any fiscal year after fiscal 
year 1991.
  (b) Research, Development, Test, and Evaluation Objectives.--
          (1) Phase i defenses.--The Phase I Defenses program 
        element shall include programs, projects, and 
        activities which have as a primary objective the 
        development of systems, components, and architectures 
        for a strategic defense system capable of providing low 
        to moderate defensive capabilities against a large-
        scale ballistic missile attack against the United 
        States. Such activities may include those necessary to 
        develop systems, components, and architectures capable 
        of providing an early deployment option against limited 
        attacks, including accidental, unauthorized, or 
        deliberate launch of a small number of ballistic 
        missiles.
          (2) Limited protection systems.--The Limited 
        Protection Systems program element shall include 
        programs, projects, and activities which have as a 
        primary objective the development of systems and 
        components which, if deployed as a limited defense, 
        would not be in violation of the 1972 ABM Treaty. For 
        purposes of planning, evaluation, design, and 
        effectiveness studies, such programs, projects, and 
        activities may take into consideration both the current 
        numerical limitations of the 1972 ABM Treaty and modest 
        changes to those numerical limitations.
          (3) Theater and atbm defenses.--The Theater and ATBM 
        Defenses program element shall include programs, 
        projects, and activities which have as a primary 
        objective--
                  (A) the development of deployable and rapidly 
                relocatable anti-tactical ballistic missile 
                (ATBM) defenses for forward deployed and 
                expeditionary United States armed forces, and
                  (B) cooperation with friendly and allied 
                nations in the development of theater defenses 
                against tactical ballistic missiles.
          (4) Follow-on systems.--The Follow-On Systems program 
        element shall include programs, projects, and 
        activities which have as a primary objective the 
        development of technologies capable of supporting 
        systems, components, and architectures that could 
        produce highly effective defenses for deployment after 
        the beginning of the twenty-first century.
          (5) Research and support activities.--The Research 
        and Support Activities program element shall include 
        programs, projects, and activities which have as a 
        primary objective--
                  (A) the provision of basic research and 
                technical, engineering, and managerial support 
                to the programs, projects, and activities 
                within the program elements in paragraphs (1) 
                through (4);
                  (B) innovative science and technology 
                projects;
                  (C) the provision of test and evaluation 
                services; and
                  (D) program management.
  (c) Funding Limitations.--(1) Of the amounts appropriated 
pursuant to section 201 or otherwise made available to the 
Department of Defense for research, development, test, and 
evaluation for fiscal year 1991, not more than $2,890,000,000 
may be obligated for the Strategic Defense Initiative.
  (2) Of the amount described in paragraph (1)--
          (A) not more than $817,300,000 shall be available for 
        programs, projects, and activities within the Phase I 
        Defenses program element;
          (B) not more than $389,000,000 shall be available for 
        programs, projects, and activities within the Limited 
        Protection Systems program element;
          (C) not more than $180,000,000 shall be available for 
        programs, projects, and activities within the Theater 
        and ATBM Defenses program element;
          (D) not more than $754,300,000 shall be available for 
        programs, projects, and activities within the Follow-On 
        Systems program element; and
          (E) not more than $749,400,000 shall be available for 
        programs, projects, and activities within the Research 
        and Support Activities program element.
  (3) Funds may be obligated for programs, projects, and 
activities which have as their primary purpose the support of 
the Brilliant Pebbles space-based interceptor system only 
through programs, projects, and activities within the Phase I 
Defenses program element.
  (4) Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the allocation of 
funds appropriated for the Strategic Defense Initiative for 
fiscal year 1991. The report shall specify the amount of such 
funds allocated for each program, project, and activity of the 
Strategic Defense Initiative and shall list each program, 
project, and activity under the appropriate program element.
  (5)(A) Before the submission of the report required under 
paragraph (4) and notwithstanding the limitations in paragraph 
(2), the Secretary of Defense may transfer funds among the 
program elements described in paragraph (2).
  (B) The total amount that may be transferred to or from any 
program element described in paragraph (2)--
          (i) may not exceed 10 percent of the amount provided 
        in such paragraph for the program element from which 
        the transfer is made; and
          (ii) may not result in an increase of more than 10 
        percent of the amount provided in such paragraph for 
        the program element to which the transfer is made.
  (C) Amounts transferred pursuant to subparagraph (A) shall be 
merged with and be available for the same purposes as the 
amounts to which transferred.
  (d) Definition.--In this section, the term ``1972 ABM 
Treaty'' means the Treaty Between the United States of America 
and the Union of Soviet Socialist Republics on the Limitations 
of Anti-Ballistic Missiles, signed at Moscow on May 26, 1972.

SEC. 222. LIMITATION ON DEVELOPMENT AND TESTING OF ANTI-BALLISTIC 
                    MISSILE SYSTEMS OR COMPONENTS

  (a) Use of Funds.--(1) Funds appropriated or otherwise made 
available to the Department of Defense for fiscal year 1991, or 
for any fiscal year before 1991, shall be subject to the 
limitations prescribed in paragraph (2).
  (2) Funds described in paragraph (1) may not be obligated or 
expended--
          (A) for the development or testing of any 
        antiballistic missile system or component, except for 
        development and testing consistent with the development 
        and testing described in the May 1990 SDIO Report; or
          (B) for the acquisition of any material or equipment 
        (including any long lead materials, components, piece 
        parts, test equipment, or any modified space launch 
        vehicle) required or to be used for the development or 
        testing of antiballistic missile systems or components, 
        except for material or equipment required for 
        development or testing consistent with the development 
        and testing described in the May 1990 SDIO Report.
  (3) The limitations in paragraph (2) shall not apply to funds 
transferred to or for the use of the Strategic Defense 
Initiative for fiscal year 1991 if the transfer is made in 
accordance with section 1501 of this Act.
  (b) Definition.--As used in this section, the term ``May 1990 
SDIO Report'' means the report entitled ``1990 Report to 
Congress on the Strategic Defense Initiative'', dated May 1990, 
prepared by the Strategic Defense Initiative Organization and 
submitted to certain committees of the Senate and House of 
Representatives by the Secretary of Defense on June 7, 1990, 
pursuant to section 224 of the National Defense Authorization 
Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 
Stat. 1398; 10 U.S.C. 2431 note).

SEC. 223. PROHIBITION ON OPERATIONAL TEST AND EVALUATION OF STRATEGIC 
                    DEFENSE SYSTEMS

  (a) Prohibition.--Funds appropriated or otherwise made 
available to the Department of Defense for fiscal year 1991, or 
for any fiscal year before fiscal year 1991, may not be 
obligated for any operational test and evaluation activity in 
support of--
          (1) a strategic defense system; or
          (2) a program, project, or activity of the Strategic 
        Defense Initiative.
  (b) Rule of Construction.--Notwithstanding subsection (a), 
the Strategic Defense Initiative Organization may engage in 
planning activities (including studies, design activities, and 
computer simulations) related to testing of Strategic Defense 
Initiative systems or elements.

SEC. 224. BOOST SURVEILLANCE AND TRACKING SYSTEM

  (a) Prohibition on Full-Scale Development.--None of the 
amounts appropriated pursuant to section 201 or otherwise made 
available to the Department of Defense for fiscal year 1991 for 
research, development, test, and evaluation may be obligated 
for full-scale development of the Boost Surveillance and 
Tracking System (BSTS).
  (b) Transfer of BSTS System to Air Force.--The Secretary of 
Defense shall transfer immediately responsibility for the 
direction, management, and funding for the development and 
procurement of the Boost Surveillance and Tracking System from 
the Strategic Defense Initiative Organization to the Secretary 
of the Air Force.

SEC. 225. THEATER MISSILE DEFENSE PROGRAMS

  (a) Sense of Congress.--It is the sense of Congress that--
          (1) The proliferation of ballistic missiles and 
        chemical and nuclear weapons technology applicable to 
        missile warhead development is potentially 
        destabilizing, is a threat to United States forces, and 
        poses a significant threat to the national security of 
        friends and allies of the United States around the 
        world.
          (2) Of the funds authorized for the Strategic Defense 
        Initiative (SDI) for fiscal year 1991, $198,000,000 
        should be made available for the development of anti-
        tactical ballistic missiles (ATBM) systems to counter 
        such threats. In this regard, development of systems 
        such as the Extended Range Interceptor and the Theater 
        High Altitude Air Defense should be accelerated.
          (3) The SDI organization should ensure that the Navy 
        and Marine Corps are involved in developmental programs 
        for future ATBM systems suitable for deployment with 
        their projection and expeditionary forces.
          (4) The Secretary of the Army should establish a 
        vigorous program to develop and test a rapidly 
        deployable ATBM capability for United States military 
        forces with the near-term focus of that development and 
        test effort on the Patriot II system.
          (5) Congress endorses a continuing program of 
        cooperative research and development, jointly funded by 
        the United States and the government of Israel, on the 
        Arrow Tactical Anti-Missile program with a view to 
        proving out (through such cooperative research and 
        development) the feasibility and practicality of the 
        system.
  (b) Direction on ATBM Technology Programs.--
          (1) Arrow tactical anti-missile program.--(A) Subject 
        to subparagraph (B), the Secretary of Defense may 
        obligate, from funds made available for fiscal year 
        1991 for the Strategic Defense Initiative, up to 
        $42,000,000 for the purpose of initiating the Tactical 
        Demonstration Program (constituting Phase II of 
        research and development work on the Arrow program).
          (B) Funds may not be obligated for the purpose 
        described in subparagraph (A) until the United States 
        and the government of Israel enter into a memorandum of 
        agreement governing the conduct and funding of the 
        Technical Demonstration Program.
          (2) Patriot ii atbm development program.--(A) The 
        Secretary of the Army may obligate from funds made 
        available for fiscal year 1991 for Research, 
        Development, Test, and Evaluation for the Army up to 
        $50,000,000 to conduct additional tests of the Patriot 
        II system against existing types of ballistic missile 
        threats. The authority under the preceding sentence is 
        in addition to any other authority provided in this Act 
        regarding the Patriot II system.
          (B) From within the funds referred to in subparagraph 
        (A), the Army may obligate part of such funds for the 
        development of support systems (such as tracking and 
        attack assessment radars) for existing and future ATBM 
        systems.

                       Part D--Strategic Programs

SEC. 231. FUNDING AND SENSE OF CONGRESS FOR ICBM MODERNIZATION PROGRAM

  (a) Program Funding.--Of the amount appropriated for the 
Department of Defense for fiscal year 1991, not more than 
$687,671,000 shall be available for the intercontinental 
ballistic missile (ICBM) modernization program, of which not 
more than $680,208,000 shall be available for the rail garrison 
MX (RGMX) program and the small ICBM (SICBM) program.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) research and development of the RGMX and SICBM is 
        a prudent and necessary hedge (A) against the robust 
        Soviet strategic nuclear modernization program and, in 
        particular, Soviet rail- and road-mobile ICBM programs, 
        (B) against possible future threats to the 
        invulnerability of the sea-based leg of the strategic 
        Triad, and (C) to help ensure the continued stability 
        of the strategic balance as the United States 
        negotiates reductions in its strategic forces under the 
        prospective Strategic Arms Reduction Talks (START) 
        agreement and the planned follow-on negotiations for 
        further reductions;
          (2) the two-missile mobile ICBM modernization program 
        has failed to achieve the political consensus necessary 
        for deployment of both systems;
          (3) as long as peaceful trends continue in the Soviet 
        Union, the defense budget of the United States is 
        likely to continue to decline in the future, making the 
        deployment of both the RGMX system and the SICBM system 
        unaffordable;
          (4) at a minimum the United States should continue to 
        develop the SICBM system for deployment in silos to 
        meet future United States ICBM modernization 
        requirements and arms control objectives, while 
        preserving a realistic option for subsequent mobile 
        basing should future strategic or arms control 
        developments so require; and
          (5) any funds obligated or expended for the RGMX 
        system should be used only to conduct critical 
        activities needed to complete research, development, 
        test, and evaluation and maintain the key technologies 
        for that system on a stand-by or ``moth ball'' status.

SEC. 232. DEPRESSED TRAJECTORY BALLISTIC MISSILES AND OTHER SHORT-TIME-
                    OF-FLIGHT BALLISTIC MISSILES

  Congress commends the President for proposing to the Soviet 
Union that the United States and the Soviet Union observe an 
interim mutual restraint on the flight testing of depressed 
trajectory and other short-time-of-flight ballistic missiles 
and expresses disappointment that the Soviet Union has not 
agreed to this proposal. Congress urges the President to 
continue to pursue such interim restraint and to further 
explore the possibility of a permanent agreement banning flight 
tests of such missiles.

                         Part E--Other Matters

SEC. 241.\7\ BIOLOGICAL DEFENSE RESEARCH PROGRAM * * *
---------------------------------------------------------------------------

    \7\Sec. 241 added a new sec. 2370 to 10 U.S.C.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 248. ESTABLISHMENT OF DEPARTMENT OF DEFENSE TECHNOLOGY OFFICE IN 
                    JAPAN

  (a) In General.--The Secretary of Defense shall establish an 
office of the Department of Defense in Japan to investigate, 
evaluate, and facilitate opportunities for cooperation between 
the United States and Japan for the development of technologies 
of interest to the Department of Defense.
  (b) Deadline.--The Secretary of Defense shall establish such 
office no later than September 30, 1991.

SEC. 249. GRANT FOR STUDY AND ANALYSIS OF THE SOVIET UNION AND CERTAIN 
                    OTHER COUNTRIES

  Of the amounts authorized to be appropriated pursuant to 
section 201, $600,000 shall be available for making a grant to 
one or more qualified nonprofit organizations for the support 
of research and analyses by emigrants from the Soviet Union, 
the countries of Eastern Europe (including Albania), and Cuba 
regarding political, economic, social, and other developments 
in those countries.

                  TITLE III--OPERATION AND MAINTENANCE

                Part A--Authorization of Appropriations

          * * * * * * *

SEC. 303. HUMANITARIAN ASSISTANCE

  (a) Purpose.--(1) Funds appropriated pursuant to the 
authorization in section 301(a)(17)\8\ for humanitarian 
assistance shall be used for the purpose of providing 
transportation for humanitarian relief for persons displaced or 
who are refugees because of the invasion of Afghanistan by the 
Soviet Union.
---------------------------------------------------------------------------
    \8\Sec. 301(a)(17) authorized ``For Humanitarian Assistance, 
$13,000,000.''.
---------------------------------------------------------------------------
  (2) Of the funds authorized to be appropriated for fiscal 
year 1991 pursuant to such section for such purpose, not more 
than $3,000,000 shall be available for distribution of 
humanitarian relief supplies to displaced persons or refugees 
who are noncombatants, including those affiliated with the 
Cambodian nonCommunist resistance, at or near the border 
between Thailand and Cambodia.
  (b) Authority To Transfer Funds.--The Secretary of Defense 
may transfer to the Secretary of State not more than $3,000,000 
of the funds appropriated pursuant to such section for fiscal 
year 1991 for humanitarian assistance, other than the funds 
described in subsection (a)(2), to provide for--
          (1) the payment of administrative costs incurred in 
        providing the transportation described in subsection 
        (a); and
          (2) the purchase or other acquisition of 
        transportation assets for the distribution of 
        humanitarian relief supplies in the country of 
        destination.
  (c) Transportation Under Direction of the Secretary of 
State.--Transportation for humanitarian relief provided with 
funds appropriated pursuant to such section for humanitarian 
assistance shall be provided under the direction of the 
Secretary of State.
  (d) Means of Transportation To Be Used.--Transportation for 
humanitarian relief provided with funds appropriated pursuant 
to such section for humanitarian assistance shall be provided 
by the most economical commercial or military means available, 
unless the Secretary of State determines that it is in the 
national interest of the United States to provide 
transportation other than by the most economical means 
available. The means used to provide such transportation may 
include the use of aircraft and personnel of the reserve 
components of the Armed Forces.
  (e) Availability of Funds.--Funds appropriated pursuant to 
such section for humanitarian assistance shall remain available 
until expended, to the extent provided in appropriation 
Acts.\9\
---------------------------------------------------------------------------
    \9\Sec. 304(f)(5) of Public Law 102-190 (105 Stat. 1334) struck out 
subsec. (f).
---------------------------------------------------------------------------
          * * * * * * *

                    Part C--Changes to Existing Law

          * * * * * * *

SEC. 330.\10\ OPERATION OF THE INTER-AMERICAN AIR FORCES ACADEMY * * *
---------------------------------------------------------------------------

    \10\Sec. 330 added a new sec. 9415 to 10 U.S.C.
---------------------------------------------------------------------------
          * * * * * * *

                    Part D--Environmental Provisions

SEC. 341. ADDITIONAL REQUIREMENTS FOR ENVIRONMENTAL REPORT

  Subsection (b) of section 2706 of title 10, United States 
Code, is amended to read as follows:
  ``(b) Report on Environmental Compliance.--(1) Each year, at 
the same time the President submits to Congress the budget for 
a fiscal year (pursuant to section 1105 of title 31), the 
Secretary of Defense shall submit to Congress a report 
containing the following:
          ``(A) A statement of the funding levels and full-time 
        personnel required for the Department of Defense to 
        comply with applicable environmental laws during the 
        fiscal year for which the budget is submitted. The 
        statement shall set forth separately the funding levels 
        and personnel required for the Department of Defense as 
        a whole and for each military installation.
          ``(B) A statement of the funding levels and full-time 
        personnel requested for such purposes in the budget as 
        submitted by the President, together with an 
        explanation of any differences between the funding 
        level and personnel requirements and the funding level 
        and personnel requests in the budget. The statement 
        shall set forth separately the funding levels and full-
        time personnel requested for the Department of Defense 
        as a whole and for each military installation.
          ``(C) A projection of the funding levels and full-
        time personnel that will be required over the next five 
        fiscal years for the Department of Defense to comply 
        with applicable environmental laws, set forth 
        separately for the Department of Defense as a whole and 
        for each military installation.
          ``(D) An analysis of the effect that compliance with 
        such environmental laws may have on the operations and 
        mission capabilities of the Department of Defense as a 
        whole and of each military installation.
          ``(E) A statement of the funding levels requested in 
        the budget for carrying out research, development, 
        testing, and evaluation for environmental purposes or 
        environmental activities of the Department of Defense. 
        The statement shall set forth separately the funding 
        levels requested for the Department of Defense as a 
        whole and for each military department and Defense 
        Agency.
          ``(F) A description of the number and duties of 
        current full-time personnel, both civilian and 
        military, who carry out environmental activities 
        (including research) for the Department of Defense, 
        including a description of the organizational structure 
        of such personnel from the Secretary of Defense down to 
        the military installation level.
  ``(2) In this subsection, the term `military installation' 
means a base, camp, post, station, yard, center, or other 
activity under the jurisdiction of the Secretary of a military 
department which is located within any of the several States, 
the District of Columbia, the Commonwealth of Puerto Rico, 
American Samoa, the Virgin Islands, or Guam. Such term does not 
include any facility used primarily for civil works, rivers and 
harbors projects, or flood control projects.''.

SEC. 342. REPORTING REQUIREMENTS ON ENVIRONMENTAL COMPLIANCE AT 
                    OVERSEAS MILITARY INSTALLATIONS

  (a) Additional Information in Environmental Budget Report.--
Paragraph (1) of section 2706(b) of title 10, United States 
Code, as amended by section 341, is amended by adding at the 
end the following new subparagraph:
          ``(G) A statement of the funding levels and personnel 
        required for the Department of Defense to comply with 
        applicable environmental requirements for military 
        installations located outside the United States during 
        the fiscal year for which the budget is submitted.''.
  (b) Policies and Report on Overseas Environmental 
Compliance.--(1) The Secretary of Defense shall develop a 
policy for determining applicable environmental requirements 
for military installations located outside the United States. 
In developing the policy, the Secretary shall ensure that the 
policy gives consideration to adequately protecting the health 
and safety of military and civilian personnel assigned to such 
installations.
  (2) The Secretary of Defense shall develop a policy for 
determining the responsibilities of the Department of Defense 
with respect to cleaning up environmental contamination that 
may be present at military installations located outside the 
United States. In developing the policy, the Secretary shall 
take into account applicable international agreements (such as 
Status of Forces agreements), multinational or joint use and 
operation of such installations, relative share of the 
collective defense burden, and negotiated accommodations.
  (3) The Secretary of Defense shall develop a policy and 
strategy to ensure adequate oversight of compliance with 
applicable environmental requirements and responsibilities of 
the Department of Defense determined under the policies 
developed under paragraphs (1) and (2). In developing the 
policy, the Secretary shall consider using the Inspector 
General of the Department of Defense to ensure active and 
forceful oversight.
  (4) At the same time the President submits to Congress his 
budget for fiscal year 1993 pursuant to section 1105 of title 
31, United States Code, the Secretary of Defense shall submit 
to Congress a report describing the policies developed under 
paragraphs (1), (2), and (3). The report also shall include a 
discussion of the role of the Inspector General of the 
Department of Defense in overseeing environmental compliance at 
military installations outside the United States.
  (5) For purposes of this subsection, the term ``military 
installation'' means a base, camp, post, station, yard, center, 
or other activity under the jurisdiction of the Secretary of a 
military department which is located outside the United States 
and outside any territory, commonwealth, or possession of the 
United States.
          * * * * * * *

                         Part E--Miscellaneous

          * * * * * * *

SEC. 357. SENSE OF CONGRESS REGARDING THE TRANSFER TO EUROPE OF 
                    MILITARY EQUIPMENT THAT WOULD THEN BE DESTROYED OR 
                    REMOVED AS A RESULT OF AN ARMS CONTROL AGREEMENT

  (a) Findings.--Congress finds the following:
          (1) The Secretary of Defense has announced 
        commencement of substantial withdrawals of United 
        States military personnel from Europe in anticipation 
        of concluding an agreement that will reduce 
        conventional forces in Europe and in recognition of the 
        reduced threat in Europe.
          (2) The anticipated arms control agreement on 
        conventional forces in Europe will require destruction 
        or demilitarization of certain military equipment in 
        excess of limits specified in the agreement.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) funds appropriated for the Department of Defense 
        should not be used to transfer to Europe any military 
        equipment that would have to be destroyed as a result 
        of the anticipated arms control agreement on 
        conventional forces in Europe; and
          (2) the Department of Defense should make every 
        effort to avoid transferring to Europe any military 
        equipment that would, after only a short period of time 
        in Europe, have to be returned to the United States as 
        a result of further withdrawals of United States 
        military personnel from Europe.
          * * * * * * *

                      Part F--Studies and Reports

          * * * * * * *

SEC. 364. REPORT ON THE TRANSPORTATION OF CHEMICAL WEAPONS FROM THE 
                    FEDERAL REPUBLIC OF GERMANY TO JOHNSTON ISLAND

  (a) Report Required.--The Secretary of the Army shall prepare 
a report analyzing the safety aspects of the project to remove 
and transport chemical weapons stored in the Federal Republic 
of Germany to Johnston Island, with special emphasis on 
measures undertaken to ensure safety during the actual 
transportation of the weapons.
  (b) Use of Report.--The report required by subsection (a) 
shall be used as part of each Phase I site specific 
environmental impact statement study of chemical weapons 
storage sites in the United States (including the Aberdeen 
Proving Ground, Maryland, and the Lexington-Blue Grass Army 
Depot, Kentucky) that is initiated on or after the date of the 
enactment of this Act. These Phase I studies are being used to 
assist in determining the validity of the programmatic on-site 
disposal decisions that have been made for those sites. 
Information from the report shall be incorporated in any Phase 
I assessment of transportation alternatives for those sites.
  (c) Submission of Report.--The report required by subsection 
(a) shall be submitted to Congress not later than 60 days after 
the date the transportation project referred to in that 
subsection is completed.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                         Part A--Active Forces

          * * * * * * *

SEC. 406.\11\ REDUCTION IN THE AUTHORIZED END STRENGTH FOR THE NUMBER 
                    OF MILITARY PERSONNEL IN EUROPE * * *
---------------------------------------------------------------------------

    \11\Sec. 406 amended sec. 1002 of the Department of Defense 
Authorization Act, 1985 (22 U.S.C. 1928 note), and repealed sec. 911 of 
the National Defense Authorization Act for Fiscal Years 1990 and 1991 
(Public Law 101-189; 103 Stat. 1523).
---------------------------------------------------------------------------
          * * * * * * *

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

               Part A--Acquisition Management Improvement

          * * * * * * *

SEC. 801.\12\ AUTHORITY GOVERNING OPERATION OF WORKING-CAPITAL FUNDED 
                    ACTIVITIES * * *
---------------------------------------------------------------------------

    \12\Sec. 801 amended 10 USC 2208(i); redesignated as 10 USC 4543.
---------------------------------------------------------------------------
          * * * * * * *

  TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT MATTERS

                   Part A--General Management Matters

SEC. 901.\13\ NATIONAL MILITARY STRATEGY REPORTS
---------------------------------------------------------------------------

    \13\10 U.S.C. 113 note.
---------------------------------------------------------------------------
  (a) Reports by the Secretary of Defense.--(1) The Secretary 
of Defense shall submit to Congress a national military 
strategy report during each of fiscal years 1992, 1993, and 
1994. Each such report shall be submitted with the Secretary's 
annual report to Congress for that year under section 113(j) of 
title 10, United States Code.
  (b) Matters To Be Covered in Reports.--Each such report shall 
cover a period of at least ten years and shall address the 
following:
          (1) The threats facing the United States and its 
        allies.
          (2) The degree to which military forces can 
        contribute to the achievement of national objectives.
          (3) The strategic military plan for applying those 
        forces to the achievement of national objectives.
          (4) The risk to the national security of the United 
        States and its allies that ensues.
          (5) The organization and structure of military forces 
        to implement the strategy.
          (6) The broad mission areas for various components of 
        the forces and the broad support requirements to 
        implement the strategy.
          (7) The functions for which each military department 
        should organize, train, and equip forces for the 
        combatant commands responsible for implementing the 
        strategy.
          (8) The priorities assigned to major weapons and 
        equipment acquisitions and to research and development 
        programs in order to fill the needs and eliminate 
        deficiencies of the combatant commands.
  (c) Relationship of Plans to Budget.--The strategic military 
plans and other matters covered by each report shall be 
fiscally constrained and shall relate to the current Department 
of Defense Multiyear Defense Plan and resource levels projected 
by the Secretary of Defense to be available over the period 
covered by the report.
  (d) Effects of Alternative Budget Levels.--Each such report 
shall also include an assessment of the effect on the risk and 
the other components of subsection (b) in the event that (1) an 
additional $50,000,000,000 is available in budget authority in 
the fiscal year which is addressed by the budget request that 
the report accompanies, and (2) budget authority for that 
fiscal year is reduced by $50,000,000,000. For these 
assessments the Secretary of Defense shall make appropriate 
assumptions about the funds available for the remainder of the 
period covered by the report.
  (e) Role of Chairman of Joint Chiefs of Staff.--In accordance 
with his role as principal military adviser to the Secretary of 
Defense, the Chairman of the Joint Chiefs of Staff shall 
participate fully in the development of each such report. The 
Secretary of Defense shall provide the Chairman such additional 
guidance as is necessary to enable the Chairman to develop and 
recommend fiscally constrained strategic plans for the 
Secretary's consideration in accordance with section 153(a)(2) 
of title 10, United States Code. In accordance with additional 
responsibilities of the Chairman set out in section 153, the 
Chairman shall provide recommendations to the Secretary on the 
other components of paragraph (2).
  (f) Classification of Reports.--The reports submitted to 
Congress under subsection (a) shall be submitted in both 
classified and (to the extent practicable) unclassified 
versions.
          * * * * * * *

SEC. 909. STUDY AND PLAN REGARDING MOBILITY REQUIREMENTS

  (a) Study and Plan Required.--The Secretary of Defense, with 
the advice and assistance of the Chairman of the Joint Chiefs 
of Staff, shall conduct a study to determine mobility 
requirements for the Armed Forces and shall develop an 
integrated plan to meet those requirements.
  (b) Reports Required.--(1) The Secretary shall submit to the 
congressional defense committees two reports regarding the 
study required by subsection (a).
  (2) The first report shall cover intertheater requirements, 
shall contain a copy of the integrated plan regarding such 
requirements, and shall be submitted not later than March 29, 
1991.
  (3) The second report shall cover intratheater requirements, 
surface requirements, and requirements for mobility within the 
continental United States, shall contain a copy of the 
integrated plan regarding such requirements, and shall be 
submitted not later than June 28, 1991.
  (c) Format and Content of Reports.--(1) Each report shall be 
in the same format as the report submitted to Congress under 
section 203(b) of the Department of Defense Authorization Act, 
1981 (Public Law 96-342; 94 Stat. 1080), and shall cover (in 
addition to the matters specified in paragraphs (2) and (3)) 
the same matters required under such section and the Joint 
Explanatory Statement of the Committee of Conference relating 
to such Act, as set out in Senate Report 96-895, 96th Congress, 
second session.
  (2) The two reports together shall include an analysis of the 
total mix of airlift, sealift, amphibious lift, surface 
transportation, and prepositioned war material (both at sea and 
on land) necessary for the United States to respond to 
contingent threats against the national security interests of 
the United States during the remainder of the current decade 
and beyond. The analysis of prepositioned war material should 
identify where such material should be located. The analysis 
may not be limited to consideration of a single requirement for 
lift and material based upon the most demanding case, but shall 
include an assessment of a range of requirements for lift and 
material based upon various military contingencies and 
scenarios. The Operation Just Cause and Operation Desert Shield 
deployments shall be included among the scenarios examined. The 
analysis shall also include--
          (A) an assessment of both intratheater and 
        intertheater lift requirements; and
          (B) an assessment of the total requirements for 
        mobility, including support equipment and the equipment 
        necessary for strategic mobility at unimproved ports, 
        airfields, and other facilities.
  (3) The two reports together shall also include the 
following:
          (A) An assessment of how the total mix of mobility 
        and prepositioning requirements has been affected by 
        changing circumstances in Europe and elsewhere, 
        including--
                  (i) an increase in the opportunities to 
                detect any planned attack by the Soviet Union;
                  (ii) an increase in the time likely to be 
                available to prepare for such an attack after 
                detection;
                  (iii) a reduced level of Soviet threat to the 
                national security interests of the United 
                States;
                  (iv) the decreasing level of Armed Forces 
                personnel deployed overseas;
                  (v) the changing threat in Northeast Asia; 
                and
                  (vi) the changing threat in Southwest Asia.
          (B) An assessment of how such requirements are being 
        affected by the changing need for power projection 
        capability in low-intensity and medium-intensity 
        conflicts.
          (C) An assessment of how such requirements would be 
        affected by the loss of United States military bases, 
        and the loss of access to other military bases, in such 
        overseas locations as the Philippines.
          (D) An assessment of how the reduced reliance 
        expected to be placed by the Armed Forces on NATO and 
        other allied shipping and military bases for employment 
        of the Armed Forces unilaterally in contingent actions 
        affects the requirements for airlift, sealift, 
        amphibious lift, and prepositioned war material.
          (E) An assessment of whether increased dependence 
        should be placed upon sealift capabilities in view of 
        the factors assessed pursuant to subparagraphs (A) 
        through (D) and the potential benefits of sealift 
        vessels which might be developed that would be faster 
        than the sealift vessels currently available from 
        commercial sources.
          (F) A discussion of initiatives that can be 
        undertaken to reduce the time required to move forces 
        and material from home bases to combat areas, including 
        measures that can be undertaken to reduce (i) the time 
        necessary for loading and unloading personnel and 
        equipment at airports and seaports, (ii) the time 
        necessary for moving ground forces to airports and 
        seaports, and (iii) the delivery times from points of 
        debarkation to final destinations.
          * * * * * * *

         TITLE X--DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES

SEC. 1001. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES FUNDING

  Funds authorized to be appropriated pursuant to section 
301(a)(14) for drug interdiction and counter-drug activities of 
the Department of Defense shall be available for the purposes 
and in the amounts specified as follows:
          (1) For operation and maintenance, $585,600,000.
          (2) For procurement, $345,300,000.
          (3) For National Guard pay and allowances, 
        $105,500,000.
          (4) For research, development, test, and evaluation, 
        $47,700,000.

SEC. 1002. OVER-THE-HORIZON RADAR

  (a) Study.--(1) The Secretary of Defense, acting through the 
Joint Electronics Warfare Center, shall conduct a study to 
examine the need for an over-the-horizon radar in the central 
part of the United States directed toward Mexico.
  (2) In carrying out such study, the Secretary shall assess--
          (A) the capability of the over-the-horizon radar 
        against small targets, including single engine aircraft 
        of the type used in drug trafficking;
          (B) the ability of the over-the-horizon radar to 
        correlate such targets with existing civilian air 
        traffic; and
          (C) the relative cost and operational effectiveness 
        of an over-the-horizon radar compared with continued 
        investment in other types of radars, such as the Small 
        Aerostat System, land based aerostats, and the 
        Caribbean based radar system.
  (3) The Secretary shall submit the results of the study 
required by paragraph (1) to the congressional defense 
committees not later than 180 days after the date of the 
enactment of this Act.
  (4) Of the amount made available for procurement under 
section 1001(2), $3,000,000 shall be available to carry out the 
study required by paragraph (1).
  (b) Testbed Facility.--Of the amount made available for 
procurement under section 1001(2) for the over-the-horizon 
radar, $6,000,000 shall be used for the procurement of a 
commercial testbed facility for the over-the-horizon radar to 
serve as an interim facility until the study required by 
subsection (a) is completed and the need for an over-the-
horizon radar for drug interdiction is determined.
  (c) Limitation on Other Spending.--The balance of other funds 
made available for procurement under section 1001(2) for the 
over-the-horizon radar may not be obligated until 30 days 
after--
          (1) the Secretary of Defense certifies to Congress, 
        after conclusion of the study required by subsection 
        (a), that such a system is needed, meets the 
        requirements of the drug interdiction program, and 
        would be the most cost effective system when compared 
        with the cost of additional investment in other radar 
        systems or other intelligence programs; and
          (2) in the event the Over-The-Horizon Backscatter 
        radar (OTH-B) is determined to be the most suitable 
        over-the-horizon radar system, the Office of Test and 
        Evaluation certifies to Congress that the East Coast 
        System of the OTH-B meets all contract requirements and 
        performance specifications contained in the Test and 
        Evaluation Master Plan and the Operation Test Plan for 
        that system.

SEC. 1003. CIVIL AIR PATROL

  Of the amount made available for operation and maintenance 
under section 1001(1), $1,000,000 shall be available to the 
Secretary of Defense for the purpose of paying expenses 
incurred by the Civil Air Patrol in conducting drug 
surveillance flights.

SEC. 1004.\14\ ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES

  (a) Support to Other Agencies.--During fiscal years 1991 
through 1999,\15\ the Secretary of Defense may provide support 
for the counter-drug activities of any other department or 
agency of the Federal Government or of any State, local, or 
foreign law enforcement agency for any of the purposes set 
forth in subsection (b) if such support is requested--
---------------------------------------------------------------------------
    \14\10 U.S.C. 374 note. Sec. 1121(c) of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 
1753) provided the following:
    ``(c) Funding of Support Activities.--Of the amount authorized to 
be appropriated for fiscal year 1994 under section 301(15) for 
operation and maintenance with respect to drug interdiction and 
counter-drug activities, $40,000,000 shall be available to the 
Secretary of Defense for the purposes of carrying out section 1004 of 
the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 
374 note).''.
    \15\Sec. 1011(a) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2836) struck out 
``through 1995'' and inserted in lieu thereof ``through 1999''.
    Previously, sec. 1088(a)(1) of Public Law 102-190 (105 Stat. 1484) 
struck out ``During fiscal year 1991'' and inserted in lieu thereof 
``During fiscal years 1991, 1992, and 1993,''. Subsequently, sec. 
1041(a) of Public Law 102-484 (106 Stat. 2491) extended the authority 
through FY 1994. Sec. 1121(a) of the National Defense Authorization Act 
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1754) extended the 
authority through FY 1995.
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          (1) by the official who has responsibility for the 
        counter-drug activities of the department or agency of 
        the Federal Government, in the case of support for 
        other departments or agencies of the Federal 
        Government;
          (2) by the appropriate official of a State or local 
        government, in the case of support for State or local 
        law enforcement agencies; or
          (3) by an appropriate official of a department or 
        agency of the Federal Government that has counter-drug 
        responsibilities, in the case of support for foreign 
        law enforcement agencies.
  (b) Types of Support.--The purposes for which the Secretary 
may provide support under subsection (a) are the following:
          (1) The maintenance and repair of equipment that has 
        been made available to any department or agency of the 
        Federal Government or to any State or local government 
        by the Department of Defense for the purposes of--
                  (A) preserving the potential future utility 
                of such equipment for the Department of 
                Defense; and
                  (B) upgrading such equipment to ensure 
                compatibility of that equipment with other 
                equipment used by the Department of Defense.
          (2) The maintenance, repair, or upgrading of 
        equipment (including computer software), other than 
        equipment referred to in subparagraph (A) for the 
        purpose of--
                  (A) ensuring that the equipment being 
                maintained or repaired is compatible with 
                equipment used by the Department of Defense; 
                and
                  (B) upgrading such equipment to ensure the 
                compatibility of that equipment with equipment 
                used by the Department of Defense.
          (3) The transportation of personnel of the United 
        States and foreign countries (including per diem 
        expenses associated with such transportation), and the 
        transportation of supplies and equipment, for the 
        purpose of facilitating counter-drug activities within 
        or outside the United States.
          (4) The establishment (including unspecified minor 
        construction) and operation of bases of operations or 
        training facilities for the purpose of facilitating 
        counter-drug activities within or outside the United 
        States.
          (5) Counter-drug related training of law enforcement 
        personnel of the Federal Government, of State and local 
        governments, and of foreign countries, including 
        associated support expenses for trainees and the 
        provision of materials necessary to carry out such 
        training.
          (6)\16\ The detection, monitoring, and communication 
        of the movement of--
---------------------------------------------------------------------------
    \16\Sec. 1041(b)(1) of Public Law 102-484 (106 Stat. 2491) struck 
out ``(6) Aerial and ground reconnaissance outside, at, or near the 
borders of the United States.''; and inserted a new par. (6).
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                  (A) air and sea traffic within 25 miles of 
                and outside the geographic boundaries of the 
                United States; and
                  (B) surface traffic outside the geographic 
                boundary of the United States and within the 
                United States not to exceed 25 miles of the 
                boundary if the initial detection occurred 
                outside of the boundary.
          (7) Construction of roads and fences and installation 
        of lighting to block drug smuggling corridors across 
        international boundaries of the United States.
          (8) Establishment of command, control, 
        communications, and computer networks for improved 
        integration of law enforcement, active military, and 
        National Guard activities.
          (9)\17\ The provision of linguist and intelligence 
        analysis services.
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    \17\Sec. 1041(b)(2) of Public Law 102-484 (106 Stat. 2491) added a 
new par. (9).
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          (10)\18\ Aerial and ground reconnaissance.
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    \18\Sec. 1121(b) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1753) added a new par. 
(10).
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    (c)\19\ Limitation on Counter-Drug Requirements.--The 
Secretary of Defense may not limit the requirements for which 
support may be provided under subsection (a) only to critical, 
emergent, or unanticipated requirements.
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    \19\Sec. 1041(c) of Public Law 102-484 (106 Stat. 2491) 
redesignated subsecs. (c) through (g) as (d) through (h), and inserted 
a new subsec. (c).
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  (d)\19\ Contract Authority.--In carrying out subsection (a), 
the Secretary of Defense may acquire services or equipment by 
contract for support provided under that subsection if the 
Department of Defense would normally acquire such services or 
equipment by contract for the purpose of conducting a similar 
activity for the Department of Defense.
  (e)\19\ Limited Waiver of Prohibition.--Notwithstanding 
section 376 of title 10, United States Code, the Secretary of 
Defense may provide support pursuant to subsection (a) in any 
case in which the Secretary determines that the provision of 
such support would adversely affect the military preparedness 
of the United States in the short term if the Secretary 
determines that the importance of providing such support 
outweighs such short-term adverse effect.
  (f)\19\ Conduct of Training or Operation to Aid Civilian 
Agencies.--In providing support pursuant to subsection (a), the 
Secretary of Defense may plan and execute otherwise valid 
military training or operations (including training exercises 
undertaken pursuant to section 1206(a) of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 
101-189; 103 Stat. 1564)) for the purpose of aiding civilian 
law enforcement agencies.
  (g)\19\ Relationship to Other Laws.--(1) The authority 
provided in this section for the support of counter-drug 
activities by the Department of Defense is in addition to, and 
except as provided in paragraph (2), not subject to the 
requirements of chapter 18 of title 10, United States Code.
  (2) Support under this section shall be subject to the 
provisions of section 375 and, except as provided in subsection 
(e),\20\ section 376 of title 10, United States Code.
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    \20\Sec. 1041(c)(2) of Public Law 102-484 (106 Stat. 2491) struck 
out ``subsection (d)'' and inserted in lieu thereof ``subsection (e)''.
---------------------------------------------------------------------------
  (h)\21\ * * * [Repealed--1992]
---------------------------------------------------------------------------
    \21\Sec. 1041(d)(1) of Public Law 102-484 (106 Stat. 2491) struck 
out subsec. (h), relating to the availability of funds. Par. (2) of 
that sec. provided the following:
    ``(2) Of the amount authorized to be appropriated for fiscal year 
1993 under section 301(14) for operation and maintenance with respect 
to drug interdiction and counter-drug activities, $40,000,000 shall be 
available to the Secretary of Defense for the purposes of carrying out 
section 1004 of the National Defense Authorization Act for Fiscal Year 
1991 (10 U.S.C. 374 note).''.
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SEC. 1005. TRANSFER OF EXCESS DEFENSE ARTICLES

  Pursuant to sections 372 and 2576a\22\ of title 10, United 
States Code, the Secretary of Defense shall review the 
availability of equipment resulting from the withdrawal of 
United States forces from Europe and Asia for the purpose of 
identifying excess equipment that may be suitable for drug 
enforcement activities for transfer to appropriate Federal, 
State, or local civilian law enforcement authorities.
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    \22\Sec. 1033(b)(2) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2640) struck out 
``section 1208 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (10 U.S.C. 372 note) and section 372'' and inserted 
in lieu thereof ``sections 372 and 2576a''.
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SEC. 1006. SENSE OF CONGRESS REGARDING THE EFFECTIVE USE OF COUNTER-
                    DRUG FUNDS

  It is the sense of Congress that the Secretary of Defense and 
the Chairman of the Joint Chiefs of Staff should continue to 
emphasize the commitment of the Department of Defense to its 
extremely important mission of combating illegal drugs so that 
the entire chain of command of the Department of Defense fully 
and effectively uses funds of the Department to ensure the 
maximum contribution of the Armed Forces to the national 
counter-drug effort.

SEC. 1007. REPORT ON DEFENSE SPENDING FOR COUNTER-DRUG ACTIVITIES

  (a) Report Required.--Not later than six months after the 
date of the enactment of this Act, the Comptroller General of 
the United States shall submit to the congressional defense 
committees, the Senate Caucus on International Narcotics 
Control, and the Select Committee on Narcotics Abuse and 
Control of the House of Representatives a report examining the 
counter-drug budget and expenditures of the Department of 
Defense.
  (b) Contents.--The report required by subsection (a) shall 
include the following:
          (1) An analysis of the funds authorized and 
        appropriated in fiscal years 1989 and 1990 for the 
        counter-drug activities of the Department of Defense, 
        including--
                  (A) an examination of how those funds were 
                obligated and expended, including a month-by-
                month breakdown of obligations and 
                expenditures;
                  (B) a determination of whether there were 
                delays in obligating and expending those funds 
                and the reasons for any such delays; and
                  (C) an accounting of the amount of funds 
                available for counter-drug activities that 
                lapsed at the end of each of the fiscal years.
          (2) A determination of whether there has been a 
        systemic failure in the timely obligation and 
        expenditure of funds appropriated for the counter-drug 
        activities of the Department of Defense for fiscal 
        years 1989 and 1990.
          (3) An analysis of the effectiveness of the role of 
        the Department of Defense Coordinator for Drug 
        Enforcement Policy and Support, including--
                  (A) a determination whether the 
                responsibility of serving as both the Assistant 
                Secretary of Defense for Reserve Affairs and 
                Coordinator for Drug Enforcement Policy and 
                Support complicates the ability of the 
                Assistant Secretary to coordinate all entities 
                within the Department of Defense in the 
                counter-drug mission; and
                  (B) a determination regarding the adequacy of 
                personnel levels in the Office of the Assistant 
                Secretary to meet his responsibility for 
                coordinating counter-drug activities within the 
                Department of Defense and ensuring that funds 
                appropriated for such activities are obligated 
                and expended in a timely manner.
          (4) Recommendations for correcting any problems found 
        in the course of the review.

SEC. 1008. STUDY OF UTILITY OF OH-58D HELICOPTER IN DETECTION OF CROSS-
                    BORDER INTRUSIONS BY DRUG SMUGGLERS

  (a) Study Required.--The Secretary of Defense shall conduct a 
study on the feasibility and effectiveness of using the OH-58D 
Scout helicopters for detecting, monitoring, and conducting 
surveillance of the ground movements of drug smugglers along 
the southwest border of the United States. In carrying out such 
study, the Secretary shall consider in particular the following 
matters:
          (1) The suitability of the OH-58D helicopter for 
        performing the missions described in the first 
        sentence.
          (2) The feasibility of having personnel of the Army 
        National Guard operate and maintain OH-58D helicopters 
        when such personnel are not in Federal service.
  (b) Interagency Coordination.--The Secretary shall carry out 
the study required by subsection (a) in consultation with the 
Commissioner of the United States Customs Service.
  (c) Submission of Report.--The Secretary shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives\23\ a report containing the results of the 
study required by subsection (a) not more than 180 days after 
the date of the enactment of this Act. The Secretary shall 
include in the report the conclusions of the Secretary based on 
the study together with such comments and recommendation as the 
Secretary considers appropriate.
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    \23\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.
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SEC. 1009. ANDEAN ANTI-DRUG EFFORTS

  (a) Findings.--Congress makes the following findings:
          (1) The support for democratic process and civilian 
        governance in the Andean countries of Peru, Bolivia, 
        and Colombia, the first two of which have only recently 
        emerged from periods of military rule, is a necessary 
        precondition for long-term stability in those countries 
        and for the successful fight against the production and 
        traffic of illegal drugs in those countries.
          (2) The separation of military and civilian law 
        enforcement functions has historically been a critical 
        element in democracies around the world, including the 
        United States.
          (3) There is a need to determine whether the current 
        policies of the United States unduly emphasize 
        assistance to military entities of those countries 
        rather than civilian law enforcement entities in 
        carrying out anti-drug efforts in those countries and 
        whether such policies might tend to undermine the dual 
        long-term policy goals of the United States of stopping 
        the traffic of drugs at their sources and the 
        preservation of civilian control over the newly 
        established democracies of the Andean countries.
          (4) There is a need to assess the impact that United 
        States assistance in the Andean anti-drug effort will 
        have on reducing drug activity and supporting 
        democratic processes in the Andean countries.
  (b) Report Required.--(1) Not later than 90 days after the 
date of the enactment of this Act, the Secretary of State and 
the Secretary of Defense shall, in consultation with the 
Director of the Office of National Drug Control Policy, jointly 
submit to Congress a report detailing current United States 
policies with respect to the Andean countries in general and 
with respect to the counter-drug enforcement activities and 
associated training programs of the United States in such 
countries in particular.
  (2) Such report shall include an analysis of the impact that 
the involvement of the military forces of the Andean countries 
in counter-drug enforcement activities has on the democratic 
institutions of those countries and how the civilian 
institutions of those countries might be strengthened in order 
to assure the successful pursuit of a counter-drug strategy.
  (3) Such report shall contain specific legislative 
recommendations for improving the assistance activities of the 
United States in the Andean countries in order to avoid 
unnecessary duplications and contradictions in meeting United 
States policy goals in those countries.

SEC. 1010. CREATION OF A MULTILATERAL COUNTER-DRUG STRIKE FORCE

  (a) Findings.--Congress makes the following findings:
          (1) Congress has in the past sought approval for a 
        multilateral strike force dedicated to the war on 
        drugs.
          (2) The proposal by the Prime Minister of Jamaica for 
        the creation of a multilateral, international counter-
        drug strike force is the first operative proposal for 
        the use of a multilateral force against the drug 
        cartels in Latin America by a government leader in the 
        Western Hemisphere and should be given serious 
        consideration.
  (b) Sense of the Congress.--It is the sense of Congress 
that--
          (1) the Prime Minister of Jamaica is to be commended 
        for his proposal;
          (2) the President should call for international 
        negotiations for the purpose of discussing the 
        establishment of an international strike force to 
        counter international drug traffickers; and
          (3) the United States should work through the United 
        Nations and other multilateral organizations to 
        determine the feasibility of establishing and using a 
        force and should assist in the establishment of such a 
        force if the President determines the proposal to be 
        feasible.

SEC. 1011.\24\ COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER * * *
---------------------------------------------------------------------------

    \24\Sec. 1011 added a new sec. 1003A to title I of the Anti-Drug 
Abuse Act of 1988 (21 U.S.C. 1501 et seq.).
---------------------------------------------------------------------------

                 TITLE XI--OPERATION DESERT SHIELD\25\

          * * * * * * *
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    \25\Title XI authorized appropriations and transfers made by Public 
Law 101-403 for Operation Desert Shield, and addressed military 
personnel and procurement matters arising from Operation Desert Shield. 
See legislation relating to Iraq beginning at page 5.
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                     TITLE XIV--GENERAL PROVISIONS

                  Part A--Financial and Budget Matters

          * * * * * * *

SEC. 1405.\26\ CONTROLS ON THE AVAILABILITY OF APPROPRIATION ACCOUNTS
---------------------------------------------------------------------------

    \26\The President determined ``* * * it to be in furtherance of the 
purposes of the [Foreign Assistance] Act [of 1961] that the functions 
authorized by the Act be performed without regard to section 1405 of 
the National Defense Authorization Act for Fiscal Year 1991 (Public Law 
101-510), and amendments contained therein.''.
    Furthermore, ``[t]his determination shall apply only to funds 
appropriated to carry out the provisions of the Act that were 
appropriated for fiscal year 1984 and for prior fiscal years, and shall 
suspend the application of the provisions of section 1405 of the 
National Defense Authorization Act for Fiscal Year 1991, and amendments 
contained therein, through September 30, 1992.'' (Presidential 
Determination 91-21 of February 27, 1991; 56 F.R. 10771).
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  (a)\27\ Procedures for Closing Appropriation Accounts.--(1) 
Subchapter IV of chapter 15 of title 31, United States Code, 
(other than section 1558), is amended to read as follows: * * *
---------------------------------------------------------------------------
    \27\See 31 USC 1551-1557, relating to DOD accounts.
---------------------------------------------------------------------------
  (b)\28\ Transition.--* * *
---------------------------------------------------------------------------
    \28\31 U.S.C. 1551 note.
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          * * * * * * *

                  Part C--Guard and Reserve Initiative

          * * * * * * *

SEC. 1432. FINDINGS AND SENSE OF CONGRESS REGARDING THE IMPORTANCE OF 
                    THE READY RESERVE

  (a) Findings.--The Congress finds that--
          (1) as a result of the recent dramatic changes in 
        Eastern Europe and the Soviet Union, the active 
        military forces of the United States will be 
        significantly reduced; and
          (2) as a consequence of that reduction it will be 
        necessary to rely increasingly, in the event of a 
        threat to the national security, on the immediate 
        availability of trained personnel of the Ready Reserve 
        of the reserve components of the Armed Forces.
  (b) Sense of Congress.--In light of the finding in subsection 
(a), it is the sense of Congress that--
          (1) the Secretary of Defense should take appropriate 
        action to ensure that members of the Ready Reserve are 
        made fully aware of their continuing obligation for 
        immediate service in the active military forces in the 
        event of a war or national emergency;
          (2) the Secretary should use the annual muster 
        provided for under section 687 of title 10, United 
        States Code, as a means of alerting such personnel to 
        that obligation; and
          (3) the Secretary should ensure that adequate funds 
        are made available, out of funds appropriated for the 
        reserve components, to carry out the annual muster of 
        such personnel.
          * * * * * * *

SEC. 1434. SENSE OF CONGRESS CONCERNING UNITED STATES ARMORED FORCES

  (a) Findings.--Congress makes the following findings:
          (1) Dramatic political and military changes have 
        occurred recently in Eastern Europe.
          (2) The Warsaw Pact is no longer a credible military 
        threat to the North Atlantic Treaty Organization 
        (NATO).
          (3) It appears that the heavy armored armies of both 
        NATO and the Warsaw Pact will be substantially reduced 
        as the result of arms control agreements or unilateral 
        actions.
          (4) There is a continued need for armor forces and 
        many countries possess large inventories of modern 
        tanks.
          (5) The Soviet Union will still produce 1,400 new 
        tanks in 1990.
          (6) With significantly increased warning times of 
        enemy attack, greater reliance will be placed on United 
        States reserve component forces for armored heavy force 
        reinforcement missions.
          (7) There is a need to enhance the capabilities of 
        armored forces of the reserve components to assume 
        increased responsibilities for armored heavy force 
        reinforcement missions.
  (b) Sense of Congress.--In light of the findings in 
subsection (a), it is the sense of the Congress that--
          (1) the Army should take timely and necessary steps 
        to enhance the capabilities of armored forces of the 
        reserve components;
          (2) the United States Army Armor Center should 
        continue as the center for training, education, 
        doctrine, and combat development for the armored forces 
        of the United States, both active and reserve; and
          (3) the United States Army Armor Center should ensure 
        that the armored forces of the reserve components are 
        adequately prepared to accept the increased role in 
        armored heavy force reinforcement missions that will be 
        assigned to them.
          * * * * * * *

                    Part D--Arms Control Matters\29\

          * * * * * * *
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    \29\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. F.
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          Part E--Matters Relating to Allies and Other Nations

SEC. 1451.\30\ RECIPROCAL LOGISTICAL SUPPORT * * *

SEC. 1452.\31\ DEPARTMENT OF DEFENSE OMBUDSMAN FOR FOREIGN SIGNATORIES 
                    OF INTER-GOVERNMENTAL MEMORANDUMS OF AGREEMENT 
                    CONCERNING ACQUISITION MATTERS * * *

SEC. 1453.\32\ EXPANSION OF SCOPE OF REQUIREMENTS RELATING TO DEFENSE 
                    MEMORANDA OF UNDERSTANDING AND RELATED AGREEMENTS * 
                    * *

      
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    \30\Sec. 1451(a) amended sec. 2342(a) of title 10, United States 
Code, relating to cross-servicing agreements. Subsec. (b) added a new 
sec. 2350g to 10 U.S.C., relating to mutual defense agreements and 
occupational arrangements. Subsec. (c) made conforming amendments to 
earlier Defense appropriations.
    \31\Sec. 1452 added a new 10 U.S.C. 2350h, relating to memorandums 
of agreement and DOD ombudsman for foreign signatories.
    \32\Sec. 1453 amended sec. 2504(a) of title 10, U.S.C., 
redesignated as 10 U.S.C. 2531.
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SEC. 1454. COOPERATION WITH JAPAN ON TECHNOLOGICAL RESEARCH AND 
                    DEVELOPMENT

  (a) Findings.--Congress makes the following findings:
          (1) Japan has developed highly sophisticated research 
        and manufacturing capabilities.
          (2) Those capabilities have produced technologies 
        that can be usefully applied to the development and 
        manufacture of both commercial products and defense 
        equipment.
          (3) The availability of those technologies to the 
        United States would greatly enhance the development and 
        manufacture of defense equipment for the Armed Forces 
        of the United States.
          (4) Since the exchange of notes between the United 
        States and Japan on the transfer of Japanese military 
        technologies in 1983, the level and quality of 
        technological cooperation between the two countries 
        have been unsatisfactory.
          (5) Effective cooperation in technology research and 
        development between the United States and Japan would 
        enhance the security of both countries.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the United States and Japan should strengthen 
        their cooperation with regard to technology that would 
        contribute to the security of both countries;
          (2) technological cooperation between the two 
        countries should be based upon an equitable and mutual 
        sharing of the costs and benefits of that cooperation; 
        and
          (3) the Secretary of Defense should improve the 
        staffing, funding, and organization of those activities 
        within the Department of Defense responsible for 
        implementing and overseeing technological cooperation 
        with Japan.
  (c) Cooperation on Research and Development.--In light of the 
expressions in subsections (a) and (b), Congress urges and 
requests the President and directs the Secretary of Defense to 
pursue vigorously opportunities for the United States and Japan 
to cooperate in the development of technologies that benefit 
the security of both countries, particularly those technologies 
that have both commercial and military applications, commonly 
referred to as ``dual-use'' technologies.
  (d) Cooperative Research and Development Projects.--(1) 
Subject to paragraphs (2) and (3), of the funds authorized to 
be appropriated pursuant to section 201 for basic research, 
exploratory development, and advanced technology, $10,000,000 
shall be available for research and development projects 
conducted jointly by the United States and Japan, pursuant to a 
memorandum of understanding or other formal agreement, for the 
purpose of--
          (A) developing new conventional defense equipment; or
          (B) modifying existing defense equipment to meet 
        United States defense requirements.
  (2)(A) Funds made available for research and development 
projects under paragraph (1) may be obligated and expended for 
a particular research project only if the Secretary of Defense 
determines that--
          (i) the particular project will improve, through the 
        application of emerging technology, the conventional 
        defense capabilities of the United States and Japan; 
        and
          (ii) the applicable memorandum of understanding or 
        other formal agreement provides for the sharing of 
        costs on an equitable basis.
  (B) The Secretary may delegate the performance of the 
responsibility to make determinations under subparagraph (A) 
only to the Deputy Secretary of Defense or the Under Secretary 
of Defense for Acquisition.
  (3) None of the funds made available for research and 
development projects under paragraph (1) may be used for 
research and development under the Strategic Defense 
Initiative.
  (e) Staffing.--The Secretary of Defense is urged to increase 
the number of personnel assigned to the Office of the Deputy 
Under Secretary of Defense (International Programs) for the 
specific purpose of providing oversight of the joint research 
and development projects of the United States and Japan for 
which funds are made available under subsection (d).

SEC. 1455.\33\ PERMANENT CEILING ON UNITED STATES ARMED FORCES IN JAPAN 
                    AND CONTRIBUTIONS BY JAPAN TO THE SUPPORT OF UNITED 
                    STATES FORCES IN JAPAN

  (a)\34\ Purpose.--It is the purpose of this section to 
require Japan to offset the direct costs (other than pay and 
allowances for United States military and civilian personnel) 
incurred by the United States related to the presence of United 
States military personnel in Japan.
---------------------------------------------------------------------------
    \33\10 U.S.C. 113 note.
    \34\Sec. 8105 of the Department of Defense Appropriations Act, 1991 
(Public Law 101-511; 104 Stat. 1902), provided the following:
    ``Sec. 8105. Contributions by Japan to the Support of United States 
Forces in Japan.--
    ``(a) Permanent Ceiling on United States Armed Forces in Japan.--
After September 30, 1990, funds appropriated pursuant to an 
appropriation contained in this Act or any subsequent Act may not be 
used to support an end strength level of all personnel of the Armed 
Forces of the United States stationed in Japan at any level in excess 
of 50,000.
    ``(b) Annual Reduction in Ceiling Unless Support Furnished.--Unless 
the President certifies to Congress before the end of each fiscal year 
that Japan has agreed to offset for that fiscal year the direct costs 
incurred by the United States related to the presence of all United 
States military personnel in Japan, excluding the military personnel 
title costs, the end strength level for that fiscal year of all 
personnel of the Armed Forces of the United States stationed in Japan 
may not exceed the number that is 5,000 less than such end strength 
level for the preceding fiscal year.
    ``(c) Sense of Congress.--It is the sense of Congress that all 
those countries that share the benefits of international security and 
stability should share in the responsibility for that stability and 
security commensurate with their national capabilities. The Congress 
also recognizes that Japan has made a substantial pledge of financial 
support to the effort to support the United Nations Security Council 
resolutions on Iraq. The Congress also recognizes that Japan has a 
greater economic capability to contribute to international security and 
stability than any other member of the international community and 
wishes to encourage Japan to contribute commensurate with that 
capability.
    ``(d) Exceptions.--(1) This section shall not apply in the event of 
a declaration of war or an armed attack on Japan.
    ``(2) The President may waive the limitation in this section for 
any fiscal year if he declares that it is in the national interest to 
do so and immediately informs Congress of the waiver and the reasons 
for the waiver.
    ``(e) Effective Date.--This section shall take effect on the date 
of enactment of this Act.''.
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  (b) Permanent Ceiling on United States Armed Forces in 
Japan.--Funds appropriated pursuant to an authorization 
contained in this Act or any subsequent Act may not be used to 
support an end strength level of all personnel of the Armed 
Forces of the United States stationed in Japan at any level in 
excess of 50,000.
  (c) Sense of Congress on Allied Burden Sharing.--(1) Congress 
recognizes that Japan has made a substantial pledge of 
financial support to the effort to support the United Nations 
Security Council resolutions on Iraq.
  (2) It is the sense of Congress that--
          (A) all countries that share the benefits of 
        international security and stability should, 
        commensurate with their national capabilities, share in 
        the responsibility for maintaining that security and 
        stability; and
          (B) given the economic capability of Japan to 
        contribute to international security and stability, 
        Japan should make contributions commensurate with that 
        capability.
  (d) Negotiations.--At the earliest possible date after the 
date of the enactment of this Act, the President shall enter 
into negotiations with Japan for the purpose of achieving an 
agreement before September 30, 1991, under which Japan offsets 
all direct costs (other than pay and allowances for United 
States military and civilian personnel) incurred by the United 
States related to the presence of all United States military 
personnel stationed in Japan.
  (e) Exceptions.--(1) This section shall not apply in the 
event of a declaration of war or an armed attack on Japan.
  (2) This section may be waived by the President if the 
President--
          (A) declares an emergency or determines that such a 
        waiver is required by the national security interests 
        of the United States; and
          (B) immediately informs the Congress of the waiver 
        and the reasons for the waiver.

SEC. 1456. LIMITATION ON THE COSTS TO THE UNITED STATES FOR PAYMENTS TO 
                    FOREIGN NATIONALS EMPLOYED AT BASES OUTSIDE THE 
                    UNITED STATES

  (a) Limitation.--The costs incurred by the United States 
during fiscal year 1991 for the payment of salaries and other 
remuneration to foreign nationals who are employed at United 
States military installations located outside the United States 
shall be reduced by the Secretary of Defense at a rate 
necessary to achieve a 25 percent reduction in such costs by 
the end of fiscal year 1991 below the amount that was requested 
for such costs in the budget for fiscal year 1991 submitted by 
the President to Congress under section 1105 of title 31, 
United States Code.
  (b) Waiver Authority and Requirement of Notification.--The 
Secretary of Defense may waive the requirement of subsection 
(a) if the Secretary determines that the national security 
interests of the United States require such action. If the 
requirement of subsection (a) is waived, the Secretary shall 
notify Congress of that action and include in that notification 
the reasons for such waiver.

SEC. 1457.\35\ ANNUAL REPORT ON UNITED STATES SECURITY ARRANGEMENTS AND 
                    COMMITMENTS WITH OTHER NATIONS

  (a) Report Requirements.--The President shall submit to the 
congressional committees specified in subsection (d) each 
year\36\ a report (in both classified and unclassified form) on 
United States security arrangements with, and commitments to, 
other nations.
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    \35\50 U.S.C. 404c.
    \36\Sec. 1504(c)(4)(C)(i) of the National Defense Authorization Act 
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 507) struck out 
``shall submit to the Committees on Armed Services and on Foreign 
Affairs of the House of Representatives and the Committees on Armed 
Services and Foreign Relations of the Senate each year'' and inserted 
in lieu thereof ``shall submit to the congressional committees 
specified in subsection (d) each year''.
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  (b) Matters To Be Included.--The President shall include in 
each such report the following:
          (1) A description of--
                  (A) each security arrangement with, or 
                commitment to, other nations, whether based 
                upon (i) a formal document (including a mutual 
                defense treaty, a pre-positioning arrangement 
                or agreement, or an access agreement), or (ii) 
                an expressed policy; and
                  (B) the historical origins of each such 
                arrangement or commitment.
          (2) An evaluation of the ability of the United States 
        to meet its commitments based on the projected 
        reductions in the defense structure of the United 
        States.
          (3) A plan for meeting each of those commitments with 
        the force structure projected for the future.
          (4) An assessment of the need to continue, modify, or 
        discontinue each of those arrangements and commitments 
        in view of the changing international security 
        situation.
  (c) Deadline for Report.--The President\37\ shall submit the 
report required by subsection (a) not later than February 1 of 
each year.
---------------------------------------------------------------------------
    \37\Sec. 1504(c)(4)(C)(ii) of the National Defense Authorization 
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 507) struck out 
``(1) Except as provided in paragraph (2), the President'' and inserted 
in lieu thereof ``The President''; and struck out para. (2), relating 
to the due date of the 1991 report.
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    (d)\38\ Specified Congressional Committees.--The 
congressional committees referred to in subsection (a) are the 
following:
---------------------------------------------------------------------------
    \38\Sec. 1504(c)(4)(C)(iii) of the National Defense Authorization 
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 507) added 
subsec. (d).
---------------------------------------------------------------------------
          (1) The Committee on Armed Services, the Committee on 
        Appropriations, and the Select Committee on 
        Intelligence of the Senate.
          (2) The Committee on National Security, the Committee 
        on Appropriations, and the Permanent Select Committee 
        on Intelligence of the House of Representatives.

SEC. 1458.\39\ ECONOMIC SANCTIONS AGAINST THE REPUBLIC OF IRAQ

  If the President considers that the taking of such action 
would promote the effectiveness of the economic sanctions of 
the United Nations and the United States imposed with respect 
to Iraq, and is consistent with the national interest, the 
President may prohibit, for such a period of time as he 
considers appropriate, the importation into the United States 
of any or all products of any foreign country that has not--
---------------------------------------------------------------------------
    \39\50 U.S.C. 1701 note.
---------------------------------------------------------------------------
          (1) prohibited--
                  (A) the importation of products of Iraq into 
                its customs territory, and
                  (B) the export of its products to Iraq; or
          (2) given assurances satisfactory to the President 
        that such import and export sanctions will be promptly 
        implemented.

SEC. 1459. HUMANITARIAN ASSISTANCE FOR LITHUANIA

  (a) Sense of Congress.--It is the sense of Congress that the 
President should provide appropriate forms of humanitarian 
assistance for Lithuania. Such assistance is necessary as a 
result of the courageous efforts of the Lithuanian people to 
rebuild an independent society and state.
  (b) Agency for International Development.--The Administrator 
of the Agency for International Development should--
          (1) furnish such humanitarian assistance through the 
        International Committee of the Red Cross, the 
        Lithuanian Red Cross, CARITAS, and other voluntary 
        relief agencies;
          (2) solicit private sector donations of humanitarian 
        assistance for Lithuania;
          (3) cooperate with private relief agencies attempting 
        to provide humanitarian assistance to Lithuania; and
          (4) make all necessary arrangements to ensure that 
        Lithuanians begin to receive critical humanitarian 
        assistance as soon as possible.
  (c) Humanitarian Assistance for Latvia, Estonia, Etc.--Where 
possible, appropriate humanitarian assistance should also be 
extended to Latvia and Estonia as well as needy republics of 
the Soviet Union.
  (d) Definition.--As used in this section, the term 
``humanitarian assistance'' includes--
          (1) medical supplies;
          (2) oil, gas, and fuel for emergency vehicles and 
        medical facilities;
          (3) water purification supplies, materials for 
        immunization, and other materials needed to prevent the 
        outbreak of contagious diseases and to safeguard public 
        health;
          (4) food and clothing; and
          (5) transportation of private donations of 
        humanitarian assistance.

                     Part F--Miscellaneous Matters

          * * * * * * *

SEC. 1465.\40\ OVERSEAS WORKLOAD PROGRAM * * * [Repealed--1993]
---------------------------------------------------------------------------

    \40\Formerly at 10 U.S.C. 2341 note. Repealed by sec. 1431(b)(1) of 
the National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1833). See 10 U.S.C. 2349.
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          * * * * * * *

SEC. 1469. ANNUAL PRESENTATION FOR CONGRESSIONAL DEFENSE LEADERSHIP ON 
                    UNITED STATES NATIONAL MILITARY STRATEGY

  (a) Sense of Congress.--It is the sense of Congress that the 
President should provide for an annual presentation to be given 
to the congressional defense leaders named in subsection (b) on 
the national military strategy of the United States. That 
presentation should particularly cover the theater and 
strategic nuclear components of the national military strategy 
and should include a discussion of (1) nuclear targeting policy 
and requirements, and (2) the implications of such nuclear 
targeting policy and requirements for (A) theater and strategic 
nuclear force structure and operations, and (B) defense 
resources and their allocation.
  (b) Definition.--The congressional defense leaders referred 
to in subsection (a) are--
          (1) the chairmen and ranking minority members of the 
        Committees on Armed Services of the Senate and House of 
        Representatives;\41\ and
---------------------------------------------------------------------------
    \41\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.
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          (2) the chairmen and ranking minority members of the 
        Defense Subcommittees of the Committees on 
        Appropriations of the Senate and House of 
        Representatives.

      Part G--Congressional Findings, Policies, and Commendations

          * * * * * * *

SEC. 1472. COMMENDATION OF UNITED STATES MILITARY PERSONNEL FOR 
                    PHILIPPINE EARTHQUAKE RELIEF EFFORT

  (a) Findings.--Congress makes the following findings:
          (1) The members of the United States Air Force, 
        Marine Corps, and Navy serving in the Pacific region 
        have given substantial and significant assistance to 
        the Government and people of the Republic of the 
        Philippines following a severe earthquake on July 16, 
        1990, in the Philippines which resulted in the deaths 
        of over 1,600 people and severe dislocation and 
        devastation.
          (2) United States military personnel stationed in the 
        Philippines have traditionally exhibited a strong 
        respect and admiration for the people of the 
        Philippines.
          (3) A Marine Corps pilot was killed in a helicopter 
        crash during an earthquake relief mission on July 20, 
        1990.
          (4) The United States Air Force has flown over 220 
        sorties, including medical evacuations, to assist in 
        earthquake relief.
          (5) The Marine Corps has flown over 250 aircraft 
        missions and has transported via helicopter over 1,000 
        Philippine nationals and more than 500,000 pounds of 
        cargo.
          (6) Navy medical personnel from the Subic Bay naval 
        facility have provided critical medical assistance to 
        those injured in the earthquake.
          (7) More than 1,140 tons of supplies and equipment 
        have been airlifted to the Philippines or transported 
        over land to Baguio City and Cabanatuan City, areas 
        devastated by the earthquake.
          (8) Military civil engineering teams have restored 
        more than half the damaged water systems and all of the 
        electrical systems and have provided heavy equipment to 
        aid in rescue operations.
          (9) 650 units of blood were donated by personnel of 
        Clark Air Force Base and other Pacific Air Force bases 
        and 120 units of blood were donated by personnel of the 
        Subic Bay Naval Facility.
  (b) Sense of Congress.--It is the sense of Congress--
          (1) that the earthquake relief assistance provided by 
        United States military forces has played an essential 
        role in the Philippine recovery from the July 16, 1990, 
        earthquake; and
          (2) that those members of the United States Armed 
        Forces and their dependents who have assisted in 
        Philippine earthquake relief should be commended by 
        Congress for their considerable efforts on behalf of 
        the Philippine people in their recovery efforts.
          * * * * * * *

                TITLE XVII--MISSILE TECHNOLOGY CONTROLS

Sec. 1701. Policy.
Sec. 1702. Amendment to the Export Administration Act of 1979.
Sec. 1703. Amendment to the Arms Export Control Act of 1979.
Sec. 1704. Report on missile proliferation.\42\

SEC. 1701.\43\ POLICY

  It should be the policy of the United States to take all 
appropriate measures--
---------------------------------------------------------------------------
    \42\Sec. 1704 was superseded by sec. 1097 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 
105 Stat. 1489), and repealed by sec. 1097(g) of that Act.
    \43\50 U.S.C. app. 2402 note.
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          (1) to discourage the proliferation, development, and 
        production of the weapons, material, and technology 
        necessary to produce or acquire missiles that can 
        deliver weapons of mass destruction;
          (2) to discourage countries and private persons in 
        other countries from aiding and abetting any states 
        from acquiring such weapons, material, and technology;
          (3) to strengthen United States and existing 
        multilateral export controls to prohibit the flow of 
        materials, equipment, and technology that would assist 
        countries in acquiring the ability to produce or 
        acquire missiles that can deliver weapons of mass 
        destruction, including missiles, warheads and 
        weaponization technology, targeting technology, test 
        and evaluation technology, and range and weapons effect 
        measurement technology; and
          (4) with respect to the Missile Technology Control 
        Regime (``MTCR'') and its participating governments--
                  (A) to improve enforcement and seek a common 
                and stricter interpretation among MTCR members 
                of MTCR principles;
                  (B) to increase the number of countries that 
                adhere to the MTCR; and
                  (C) to increase information sharing among 
                United States agencies and among governments on 
                missile technology transfer, including export 
                licensing, and enforcement activities.

SEC. 1702.\44\ AMENDMENT TO THE EXPORT ADMINISTRATION ACT OF 1979 * * *

SEC. 1703.\45\ AMENDMENT TO THE ARMS EXPORT CONTROL ACT * * *

SEC. 1704.\46\ * * * [Repealed--1991]

     TITLE XVIII--STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT 
                              PROGRAM\47\

          * * * * * * *
---------------------------------------------------------------------------
    \44\For text of amendment to sec. 6 and the addition of new sec. 
11B of the Export Administration Act of 1979, see Legislation on 
Foreign Relations Through 1997, vol. III, sec. J.
    \45\Sec. 1703 added chapter 7, secs. 71-74 to the Arms Export 
Control Act. For text, see Legislation on Foreign Relations Through 
1997, vol. I-A.
    \46\Sec. 1704 was superseded by sec. 1097 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 
105 Stat. 1489), and repealed by sec. 1097(g) of that Act.
    \47\For text of title XVIII, see Legislation on Foreign Relations 
Through 1997, vol. IV, sec. L.
---------------------------------------------------------------------------

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE

  This division may be cited as the ``Military Construction 
Authorization Act for Fiscal Year 1991''.
          * * * * * * *

      TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS

  (a) In General.--The Secretary of Defense may make 
contributions for the North Atlantic Treaty Organization 
Infrastructure program as provided in section 2806 of title 10, 
United States Code, in an amount not to exceed the sum of the 
amount authorized to be appropriated for this purpose in 
section 2502 and the amount collected from the North Atlantic 
Treaty Organization as a result of construction previously 
financed by the United States.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) funds made available for the North Atlantic 
        Treaty Organization Infrastructure program should be 
        used primarily for--
                  (A) verifying or implementing the terms of 
                conventional arms control agreements;
                  (B) recoupment owed by the United States for 
                projects completed before the date of the 
                enactment of this Act; and
                  (C) the completion of any construction 
                project the construction of which began before 
                October 1, 1990; and
          (2) the United States should work in consultation 
        with the other countries of the North Atlantic Treaty 
        Organization to restructure such program in such a 
        manner that the funds provided to the program by the 
        Secretary of Defense will be expended primarily for the 
        purposes referred to in paragraph (1).

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO

  Funds are hereby authorized to be appropriated for fiscal 
years beginning after September 30, 1990, for contributions by 
the Secretary of Defense under section 2806 of title 10, United 
States Code, for the share of the United States of the cost of 
projects for the North Atlantic Treaty Organization 
Infrastructure program as authorized by section 2501, in the 
amount of $192,700,000.

SEC. 2503. STUDY AND REPORT BY THE SECRETARY OF DEFENSE

  (a) In General.--(1) The Secretary of Defense shall conduct a 
study to determine the feasibility and desirability of 
permitting the North Atlantic Treaty Organization to utilize, 
for training and exercise purposes, military installations in 
the United States being closed by the Department of Defense 
under other provisions of law.
  (2) In carrying out such a study, the Secretary shall 
consider--
          (A) the exact purposes for which such installations 
        could be appropriately and effectively used by NATO; 
        and
          (B) the manner in which NATO would pay for the use of 
        such installations.
  (b) Report.--The Secretary shall transmit, by not later than 
March 15, 1991, to the Committees on Armed Services of the 
Senate and House of Representatives\48\ a report containing the 
results of the study required by subsection (a), together with 
such comments and recommendations as the Secretary considers 
appropriate.
---------------------------------------------------------------------------
    \48\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.
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          * * * * * * *

               TITLE XXVII--EXPIRATION OF AUTHORIZATIONS

SEC. 2701. EXPIRATION OF AUTHORIZATIONS

  (a) Expiration of Authorizations After Two Years.--Except as 
provided in subsection (b), all authorizations contained in 
titles XXI, XXII, XXIII, XXIV, and XXV for military 
construction projects, land acquisition, family housing 
projects and facilities, and contributions to the NATO 
Infrastructure program (and authorizations of appropriations 
therefor) shall expire on October 1, 1993,\49\ or the date of 
the enactment of an Act authorizing funds for military 
construction for fiscal year 1994,\50\ whichever is later.
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    \49\Sec. 2702(a)(1) of Public Law 102-190 (105 Stat. 1535) struck 
out ``October 1, 1992'' and inserted in lieu thereof ``October 1, 
1993''.
    \50\Sec. 2702(a)(2) of Public Law 102-190 (105 Stat. 1535) struck 
out ``fiscal year 1993,'' and inserted in lieu thereof ``fiscal year 
1994,''.
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  (b) Exception.--The provisions of subsection (a) do not apply 
to authorizations for military construction projects, land 
acquisition, family housing projects and facilities, and 
contributions to the NATO Infrastructure program (and 
authorizations of appropriations therefor) for which 
appropriated funds have been obligated before October 1, 1992, 
or the date of the enactment of an Act authorizing funds for 
military construction for fiscal year 1993, whichever is later, 
for construction contracts, land acquisition, family housing 
projects and facilities, or contributions to the NATO 
Infrastructure program.

                    TITLE XXVIII--GENERAL PROVISIONS

Part A--Construction, Leasing, Improvements, Disposal, and Utilization 
                of Military Installations and Facilities

SEC. 2801. DUAL BASING

  (a) Definition.--In this section--
          (1) the term ``dual basing'' means the stationing of 
        units of the Armed Forces on a permanent basis at 
        military installations inside the United States with 
        rotating short-term assignments to military 
        installations outside the United States for purposes of 
        training, carrying out exercises, meeting obligations 
        to other nations, or carrying out other international 
        security responsibilities of the United States; and
          (2) the term ``United States'' means the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, Guam, the Virgin Islands, American Samoa, 
        and any other commonwealth, territory, or possession of 
        the United States.
  (b) Sense of Congress.--It is the sense of the Congress that 
dual basing has significant potential for being an effective 
and efficient method by which this Nation can reduce its 
defense spending and also meet its world-wide security 
responsibilities and assist in reducing tension and increasing 
stability internationally.
  (c) Report.--The Secretary of Defense shall carry out a study 
of the manner in which dual basing could be implemented and 
shall transmit, by no later than March 15, 1991, to the 
Committees on Armed Services of the Senate and the House of 
Representatives\51\ a report containing a detailed description 
of how dual basing could be implemented, together with an 
assessment of the scheduling, costs, benefits, and difficulties 
involved in such an implementation as compared to the methods 
of basing military personnel used by the military departments 
on the date of the enactment of this Act.
---------------------------------------------------------------------------
    \51\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.
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SEC. 2802. LIMITATION ON CONSTRUCTION AT CROTONE, ITALY

  (a) In General.--None of the funds available to the 
Department of Defense, including contributions for the North 
Atlantic Treaty Organization Infrastructure program pursuant to 
section 2806 of title 10, United States Code, may be obligated 
or expended (whether obligated before the date of enactment of 
this Act or not) in connection with relocating functions of the 
Department of Defense located at Torrejon Air Force Base, 
Madrid, Spain, on June 15, 1989, to Crotone, Italy, or any 
other location outside the United States until the Secretary of 
Defense makes the certification and files the information 
required in subsection (b)(2).
  (b) Consideration and Certification.--(1) Promptly after the 
date of enactment of this Act, the President shall notify the 
other member nations of the North Atlantic Treaty Organization 
that the United States seeks to have placed on the agenda of 
the next meeting of the North Atlantic Council of NATO the 
following questions:
          (A) In light of the changed threat to NATO, is the 
        retention of the 401st Tactical Fighter Wing in the 
        Southern Region of NATO necessary?
          (B) In light of the changes in Europe, is 
        continuation of construction of a new airbase at 
        Crotone, Italy, desirable?
          (C) Are there existing airbases in NATO, and 
        particularly in the Southern Region of NATO, which 
        could serve as an adequate base for the 401st Tactical 
        Fighter Wing, rendering construction of a new base 
        unnecessary?
          (D) Will the United States be authorized to use 
        American aircraft based at Crotone, Italy, for military 
        missions outside of the European theatre?
  (2) After the North Atlantic Council of NATO meets, considers 
the questions listed in paragraph (1), and passes a resolution 
endorsing continuation of construction of a new airbase at 
Crotone, Italy, the Secretary of Defense shall certify to the 
congressional defense committees that such has occurred and 
shall transmit, along with such certification, a copy of the 
resolution adopted by the North Atlantic Council and a summary 
of the debate concerning each of the questions contained in 
paragraph (1).
          * * * * * * *

           TITLE XXIX--DEFENSE BASE CLOSURES AND REALIGNMENTS

          * * * * * * *

    Part B--Other Provisions Relating to Defense Base Closures and 
                              Realignments

SEC. 2921.\52\ CLOSURE OF FOREIGN MILITARY INSTALLATIONS

  (a) Sense of Congress.--It is the sense of the Congress 
that--
---------------------------------------------------------------------------
    \52\10 U.S.C. 2687 note.
---------------------------------------------------------------------------
          (1) the termination of military operations by the 
        United States at military installations outside the 
        United States should be accomplished at the discretion 
        of the Secretary of Defense at the earliest 
        opportunity;
          (2) in providing for such termination, the Secretary 
        of Defense should take steps to ensure that the United 
        States receives, through direct payment or otherwise, 
        consideration equal to the fair market value of the 
        improvements made by the United States at facilities 
        that will be released to host countries;
          (3) the Secretary of Defense, acting through the 
        military component commands or the sub-unified commands 
        to the combatant commands, should be the lead official 
        in negotiations relating to determining and receiving 
        such consideration; and
          (4) the determination of the fair market value of 
        such improvements released to host countries in whole 
        or in part by the United States should be handled on a 
        facility-by-facility basis.
  (b) Residual Value.--(1) For each installation outside the 
United States at which military operations were being carried 
out by the United States on October 1, 1990, the Secretary of 
Defense shall transmit, by no later than June 1, 1991, an 
estimate of the fair market value, as of January 1, 1991, of 
the improvements made by the United States at facilities at 
each such installation.
  (2) For purposes of this section:
          (A) The term ``fair market value of the 
        improvements'' means the value of improvements 
        determined by the Secretary on the basis of their 
        highest use.
          (B) The term ``improvements'' includes new 
        construction of facilities and all additions, 
        improvements, modifications, or renovations made to 
        existing facilities or to real property, without regard 
        to whether they were carried out with appropriated or 
        nonappropriated funds.
  (c) Establishment of Special Account.--(1) There is 
established on the books of the Treasury a special account to 
be known as the ``Department of Defense Overseas Military 
Facility Investment Recovery Account''. Except as provided in 
subsection (d),\53\ amounts paid to the United States, pursuant 
to any treaty, status of forces agreement, or other 
international agreement to which the United States is a party, 
for the residual value of real property or improvements to real 
property used by civilian or military personnel of the 
Department of Defense shall be deposited into such account.
---------------------------------------------------------------------------
    \53\Sec. 344(b)(2)(A) of Public Law 102-190 (105 Stat. 1345) struck 
out ``Any'' and inserted in lieu thereof ``Except as provided in 
subsection (d),''. Sec. 344(c) of that Act further provided:
    ``(c) Effective Date.--The amendments made by this section shall 
apply with regard to the transfer or disposal of any real property or 
facility pursuant to title II of the Defense Authorization Amendments 
and Base Closure and Realignment Act or the Defense Base Closure and 
Realignment Act of 1990 occurring on or after the date of the enactment 
of this Act.''.
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  (2) Money deposited in the Department of Defense Overseas 
Military Facility Investment Recovery Account shall be 
available to the Secretary of Defense for payment, as provided 
in appropriation Acts, of costs incurred by the Department of 
Defense\54\ in connection with--
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    \54\Sec. 2827(a)(1) of Public Law 102-484 (106 Stat. 2610) struck 
out ``in connection with facility maintenance and repair and 
environmental restoration at military installations in the United 
States.'' and inserted text beginning with ``in connection with--'' 
through subpar. (B). Par. (2) of that subsection struck out a second 
sentence in this par. which read: ``Funds in the Account shall remain 
available until expended.''. Par. (3) of that subsection added a new 
par. (3) here.
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          (A) facility maintenance and repair and environmental 
        restoration at military installations in the United 
        States; and
          (B) facility maintenance and repair and compliance 
        with applicable environmental laws at military 
        installations outside the United States that the 
        Secretary anticipates will be occupied by the Armed 
        Forces for a long period.
    (3)\54\ Funds in the Department of Defense Overseas 
Facility Investment Recovery Account shall remain available 
until expended.
  (d)\55\ Amounts Corresponding to the Value of Property 
Purchased With Nonappropriated Funds.--(1) In the case of a 
payment referred to in subsection (c)(1) for the residual value 
of real property or improvements at an overseas military 
facility, the portion of the payment that is equal to the 
depreciated value of the investment made\56\ with 
nonappropriated funds shall be deposited in the reserve account 
established under section 204(b)(7)(C)\57\ of the Defense 
Authorization Amendments and Base Closure and Realignment Act. 
The Secretary may use amounts in the account (in such an 
aggregate amount as is provided in advance by appropriation 
Acts) for the purpose of acquiring, constructing, or improving 
commissary stores and nonappropriated fund instrumentalities.
---------------------------------------------------------------------------
    \55\Sec. 344(b)(2)(B) of Public Law 102-190 (105 Stat. 1345) added 
subsec. (d). Sec. 344(c) of that Act further provided:
    ``(c) Effective Date.--The amendments made by this section shall 
apply with regard to the transfer or disposal of any real property or 
facility pursuant to title II of the Defense Authorization Amendments 
and Base Closure and Realignment Act or the Defense Base Closure and 
Realignment Act of 1990 occurring on or after the date of the enactment 
of this Act.'' [December 5, 1991].
    \56\Sec. 2821(c) of Public Law 101-510 (106 Stat. 2608) struck out 
``the value of the improvements carried out'' and inserted in lieu 
thereof ``the depreciated value of the investment made''.
    \57\Sec. 1505(e)(2) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 515) struck out 
``section 204(b)(4)(C)'' and inserted in lieu thereof ``section 
204(b)(7)(C)''.
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  (2) As used in this subsection:
          (A) The term ``nonappropriated funds'' means funds 
        received from--
                  (i) the adjustment of, or surcharge on, 
                selling prices at commissary stores fixed under 
                section 2685 of title 10, United States Code; 
                or
                  (ii) a nonappropriated fund instrumentality.
          (B) The term ``nonappropriated fund instrumentality'' 
        means an instrumentality of the United States under the 
        jurisdiction of the Armed Forces (including the Army 
        and Air Force Exchange Service, the Navy Resale and 
        Services Support Office, and the Marine Corps 
        exchanges) which is conducted for the comfort, 
        pleasure, contentment, or physical or mental 
        improvement of members of the Armed Forces.
    (e)\58\ Negotiations for Payments-in-Kind.--(1)\59\ Before 
the Secretary of Defense enters into negotiations with a host 
country regarding the acceptance by the United States of any 
payment-in-kind in connection with the release to the host 
country of improvements made by the United States at military 
installations in the host country, the Secretary shall submit 
to the appropriate congressional committees a written notice 
regarding the intended negotiations.\60\
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    \58\Sec. 2827(b) of Public Law 102-484 (106 Stat. 2610) added 
subsec. (e).
    \59\Sec. 1305(c)(1)(A) of the National Defense Authorization Act 
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2891) added para. 
designation ``(1)''.
    \60\Sec. 1305(c)(1)(B) of the National Defense Authorization Act 
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2891) struck out 
``a written notice to the congressional defense committees containing a 
justification for entering into negotiations for payments-in-kind with 
the host country and the types of benefit options to be pursued by the 
Secretary in the negotiations.'', and inserted in lieu thereof ``to the 
appropriate congressional committees a written notice regarding the 
intended negotiations.''.
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    (2)\61\ The notice shall contain the following:
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    \61\Sec. 1305(c)(1)(C) of the National Defense Authorization Act 
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2891) added paras. 
(2) and (3).
---------------------------------------------------------------------------
          (A) A justification for entering into negotiations 
        for payments-in-kind with the host country.
          (B) The types of benefit options to be pursued by the 
        Secretary in the negotiations.
          (C) A discussion of the adjustments that are intended 
        to be made in the future-years defense program or in 
        the budget of the Department of Defense for the fiscal 
        year in which the notice is submitted or the following 
        fiscal year in order to reflect costs that it may no 
        longer be necessary for the United States to incur as a 
        result of the payments-in-kind to be sought in the 
        negotiations.
  (3) For purposes of this subsection, the appropriate 
congressional committees are--
          (A) the Committee on Armed Services,\62\ the 
        Committee on Appropriations, and the Defense 
        Subcommittees of the Committee on Appropriations of the 
        House of Representatives; and
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    \62\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.
---------------------------------------------------------------------------
          (B) the Committee on Armed Services, the Committee on 
        Appropriations, and the Subcommittee on Defense\63\ of 
        the Committee on Appropriations of the Senate.
---------------------------------------------------------------------------
    \63\Sec. 1073(d)(4)(C)(i) of Public Law 105-85 (111 Stat. 1905) 
struck out ``Defense Subcommittees'' and inserted in lieu thereof 
``Subcommittee on Defense''.
---------------------------------------------------------------------------
    (f)\64\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \64\Sec. 2827(c) of Public Law 102-484 (106 Stat. 2610) added 
subsec. (f), which had required the Secretary of Defense to report 
annually on the status and use of the Overseas Military Facility 
Investment Recovery Account, was repealed by sec. 1063(b)(1) of the 
National Defense Authorization Act for Fiscal Year 1996 (Public Law 
104-106; 110 Stat. 444).
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    (f)\65\ OMB Review of Proposed Settlements.--(1)\66\ The 
Secretary of Defense may not enter into an agreement of 
settlement with a host country regarding the release to the 
host country of improvements made by the United States to 
facilities at an installation located in the host country until 
30 days after the date on which the Secretary submits the 
proposed settlement to the Director of the Office of Management 
and Budget. The prohibition set forth in the preceding sentence 
shall apply only to agreements of settlement for improvements 
having a value in excess of $10,000,000.\67\ The Director shall 
evaluate the overall equity of the proposed settlement. In 
evaluating the proposed settlement, the Director shall consider 
such factors as the extent of the United States capital 
investment in the improvements being released to the host 
country, the depreciation of the improvements, the condition of 
the improvements, and any applicable requirements for 
environmental remediation or restoration at the installation.
---------------------------------------------------------------------------
    \65\Originally added as subsec. (g) by sec. 2924(b) of the National 
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 
Stat. 1931). Redesignated as subsec. (f) by sec. 1063(b)(2) of the 
National Defense Authorization Act for Fiscal Year 1996 (Public Law 
104-106; 110 Stat. 444).
    \66\Sec. 2817(b) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3057) added para. 
designation ``(1)'' and added para. (2).
    \67\Sec. 2817(a) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3057) inserted ``The 
prohibition set forth in the preceding sentence shall apply only to 
agreements of settlement for improvements having a value in excess of 
$10,000,000.'' after the first sentence.
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    (2)\66\ Each year, the Secretary shall submit to the 
Committee on Armed Services of the Senate and the Committee on 
National Security of the House of Representatives\68\ a report 
on each proposed agreement of settlement that was not submitted 
by the Secretary to the Director of the Office of Management 
and Budget in the previous year under paragraph (1) because the 
value of the improvements to be released pursuant to the 
proposed agreement did not exceed $10,000,000.
---------------------------------------------------------------------------
    \68\Sec. 1073(d)(4)(C)(ii) of Public Law 105-85 (111 Stat. 1906) 
struck out ``the Committees on Armed Services of the Senate and House 
of Representatives'' and inserted in lieu thereof ``the Committee on 
Armed Services of the Senate and the Committee on National Security of 
the House of Representatives''.
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    (g)\69\ Congressional Oversight of Payments-In-Kind.--(1) 
Not less than 30 days before concluding an agreement for 
acceptance of military construction or facility improvements as 
a payment-in-kind, the Secretary of Defense shall submit to 
Congress a notification on the proposed agreement. Any such 
notification shall contain the following:
---------------------------------------------------------------------------
    \69\Sec. 1305(c)(2) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2892) added this 
subsec. as subsec. (h). Redesignated as subsec. (g) by sec. 1063(b)(2) 
of the National Defense Authorization Act for Fiscal Year 1996 (Public 
Law 104-106; 110 Stat. 44).
---------------------------------------------------------------------------
          (A) A description of the military construction 
        project or facility improvement project, as the case 
        may be.
          (B) A certification that the project is needed by 
        United States forces.
          (C) An explanation of how the project will aid in the 
        achievement of the mission of those forces.
          (D) A certification that, if the project were to be 
        carried out by the Department of Defense, 
        appropriations would be necessary for the project and 
        it would be necessary to provide for the project in the 
        next future-years defense program.
  (2) Not less than 30 days before concluding an agreement for 
acceptance of host nation support or host nation payment of 
operating costs of United States forces as a payment-in-kind, 
the Secretary of Defense shall submit to Congress a 
notification on the proposed agreement. Any such notification 
shall contain the following:
          (A) A description of each activity to be covered by 
        the payment-in-kind.
          (B) A certification that the costs to be covered by 
        the payment-in-kind are included in the budget of one 
        or more of the military departments or that it will 
        otherwise be necessary to provide for payment of such 
        costs in a budget of one or more of the military 
        departments.
          (C) A certification that, unless the payment-in-kind 
        is accepted or funds are appropriated for payment of 
        such costs, the military mission of the United States 
        forces with respect to the host nation concerned will 
        be adversely affected.
          * * * * * * *

           DIVISION C--OTHER NATIONAL DEFENSE AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

                Part B--Recurring General Provisions\70\

          * * * * * * *
---------------------------------------------------------------------------
    \70\Sec. 803 of Public Law 102-25 provided the following:
    ``sec. 803. applicability of recurring general provisions
    ``The provisions contained in part B of title XXXI of the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 
Stat. 1829) shall apply with respect to the authorizations provided in 
this title in the same manner as such provisions apply with respect to 
the authorizations provided in title XXXI of such Act.''.
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SEC. 3124. FUND TRANSFER AUTHORITY

  (a) In General.--Funds appropriated pursuant to this title 
may be transferred to other agencies of the Government for the 
performance of the work for which the funds were appropriated, 
and funds so transferred may be merged with the appropriations 
of the agency to which the funds are transferred.
  (b) Nuclear Directed Energy Weapons Concepts.--The Secretary 
of Defense may transfer to the Secretary of Energy not more 
than $100,000,000 of the funds appropriated for fiscal year 
1991 to the Department of Defense for research, development, 
test, and evaluation for the Defense Agencies for the 
performance of work on the Strategic Defense Initiative. Funds 
so transferred--
          (1) may be used only for research and testing for 
        nuclear directed energy weapons concepts, including 
        plant and capital equipment related thereto; and
          (2) shall be merged with funds appropriated to the 
        Department of Energy.
  (c) Inertial Confinement Fusion Programs.--The Secretary of 
Defense may transfer to the Secretary of Energy not more than 
$12,000,000 of the funds appropriated to the Department of 
Defense for the inertial confinement fusion program. Funds so 
transferred shall be merged with funds appropriated to the 
Department of Energy national security programs for research 
and development.
          * * * * * * *

                         Part C--Miscellaneous

SEC. 3131. REMANUFACTURE OF NUCLEAR STOCKPILE WEAPONS

  (a) Report on Remanufacture of Nuclear Stockpile Weapons.--
The Secretary of Energy, in consultation with the Secretary of 
Defense, shall prepare a report on remanufacture of nuclear 
stockpile weapons that will require replacement at the end of 
their stockpile life. The report shall include the following 
information:
          (1) A specification of the nuclear warheads and bombs 
        now in the stockpile which will not be replaced at the 
        end of their stockpile life.
          (2) A case-by-case analysis of the technical 
        requirements and estimated costs to prepare for the 
        remanufacture of each certified nuclear weapon design 
        scheduled for retention in the stockpile.
          (3) A specification of certified weapons designs 
        designated for retention in paragraph (2) that could be 
        remanufactured and recertified for the stockpile 
        without conducting a nuclear explosive test.
          (4) Identification of those certified weapons designs 
        included in paragraph (2) requiring changes to permit 
        remanufacture which could be recertified with a single 
        nuclear explosive proof test to demonstrate proper 
        performance, and the minimum essential yield for each 
        such test.
          (5) Identification of those certified weapon designs 
        planned for retention in paragraph (2) requiring 
        modification for remanufacture to the degree that more 
        than one test is indicated to assure proper 
        performance, and the minimum essential number and yield 
        of tests required for each design so modified.
          (6) A description of other options that may be 
        employed in the event of reduced reliance on nuclear 
        test explosions, ranging from increasingly extensive 
        modifications of existing designs to the introduction 
        of entirely new designs, and the costs in time, funds, 
        numbers, and yields of tests, and the postulated 
        national security benefits of each of these options 
        clearly set forth in a manner which allows the relative 
        costs and benefits of all the options presented to be 
        directly compared.
  (b) Submission of Report.--The Secretary of Energy shall 
submit an unclassified report with a classified appendix not 
later than February 1, 1991.
          * * * * * * *

SEC. 3142. SENSE OF CONGRESS ON NEGOTIATING AGREEMENTS TO ACHIEVE A 
                    COMPREHENSIVE TEST BAN

  The Congress, mindful of the commitment of the United States, 
the Soviet Union, and Great Britain in the Limited Test Ban 
Treaty of 1963 and in the Non-Proliferation Treaty of 1968 to 
seek the discontinuance of all test explosions of nuclear 
weapons for all time and of the commitment which shall be 
legally binding on the parties upon ratification of the Treaty 
on the Limitation of Underground Nuclear Weapons Tests to 
``continue their negotiations with a view toward achieving a 
solution to the problem of the cessation of all underground 
nuclear weapons tests'', states that it is the sense of 
Congress that the United States shares a special responsibility 
with the Soviet Union to continue the bilateral Nuclear Testing 
Talks to achieve further limitations on nuclear testing, 
including the achievement of a verifiable comprehensive test 
ban.

       Part D--International Fissile Material and Warhead Control

SEC. 3151. PRODUCTION OF PLUTONIUM AND HIGHLY ENRICHED URANIUM FOR 
                    NUCLEAR WEAPONS AND DISPOSAL OF NUCLEAR STOCKPILES

  (a) Production by the Soviet Union.--Congress urges the 
President of the Soviet Union and the Supreme Soviet of the 
Soviet Union--
          (1) to cease production by the Soviet Union of 
        plutonium;
          (2) to maintain the cessation in production by the 
        Soviet Union of highly-enriched uranium for weapons 
        that was announced on April 7, 1989.
  (b) Technical Aspects of Fissile Material Monitoring and 
Nuclear Warhead Dismantlement.--Should the President determine 
that future international agreements should provide for 
dismantlement of nuclear warheads and a ban on further 
production of fissile materials for weapons, then the Congress 
urges the President to seek to establish with the Soviet Union 
a joint technical working group to examine and demonstrate 
cooperative technical monitoring and inspection arrangements 
that could be applied to the design and verification of these 
potential provisions.
  (c) Report on Verification Techniques.--(1) The President 
shall prepare a comprehensive technical report on the 
verification matters described in paragraph (2).
  (2) The report shall describe the on-site monitoring 
techniques, inspection arrangements, and national technical 
means that could be used by the United States to verify the 
actions of other nations with respect to the following:
          (A) Dismantlement of nuclear warheads in the event 
        that a future agreement between the United States and 
        the Soviet Union should provide for such dismantlement 
        to be carried out in a mutually verifiable manner.
          (B) A mutual United States-Soviet ban, leading to a 
        multilateral, global ban, on the production of 
        additional quantities of plutonium and highly-enriched 
        uranium for nuclear weapons.
          (C) The end use or ultimate disposal of any plutonium 
        and highly enriched uranium recovered from the 
        dismantlement of nuclear warheads.
  (3) In order to prepare the report required by paragraph (1), 
the President shall establish a Technical Advisory Committee on 
Verification of Fissile Material and Nuclear Warhead Controls, 
to be composed of preeminent government and nongovernment 
experts in the fields of radiation detection, nondestructive 
examination, nuclear safeguards, nuclear materials production, 
and nuclear warhead dismantlement. Such committee, which shall 
be established not later than December 31, 1990, shall advise 
the President on the availability, use, and further development 
of techniques which could be applied to the verification of the 
prospective actions described in paragraph (2).
  (4) The report required by paragraph (1) shall be submitted 
to Congress not later than April 30, 1991. The report shall be 
submitted in unclassified form with such classified appendices 
as may be necessary.

SEC. 3152. DEVELOPMENT AND DEMONSTRATION OF MEANS FOR WARHEAD 
                    DISMANTLEMENT VERIFICATION

  The Secretary of Energy may use funds available to the 
Secretary for national security programs of the Department of 
Energy for fiscal year 1991 to carry out a program to develop 
and demonstrate a means for verifiable dismantlement of nuclear 
warheads.
          * * * * * * *

   DIVISION D--ECONOMIC ADJUSTMENT, DIVERSIFICATION, CONVERSION, AND 
                             STABILIZATION

SEC. 4001.\71\ SHORT TITLE

  This division may be cited as the ``Defense Economic 
Adjustment, Diversification, Conversion, and Stabilization Act 
of 1990''.
---------------------------------------------------------------------------
    \71\10 U.S.C. 2391 note.
---------------------------------------------------------------------------
          * * * * * * *

     TITLE XLIII--EXPANSION OF BUSINESS CAPITAL ASSISTANCE PROGRAMS

          * * * * * * *

SEC. 4303. EXPANSION OF EXPORT FINANCING FOR GOODS AND SERVICES 
                    PRODUCED BY FIRMS AND EMPLOYEES FORMERLY ENGAGED IN 
                    DEFENSE PRODUCTION

  (a) Export-Import Bank.--
          (1) Sense of congress on plan for expansion.--It is 
        the sense of Congress that the United States businesses 
        undergoing transition from defense production to 
        nondefense production will need assistance in seizing 
        export markets overseas. Therefore, in order to provide 
        financial support for such businesses, as well as 
        meeting other normal demands on its resources, the 
        annual direct lending authority of the Export-Import 
        Bank of the United States should be increased by at 
        least 150 percent from the fiscal year 1990 level over 
        the five-year period beginning October 1, 1990.
          (2) Report of feasibility.--Before September 30, 
        1990, the President, acting with the assistance of the 
        Committee and after consulting the Board of Directors 
        of the Export-Import Bank of the United States and 
        other experts in government and the private sector, 
        shall transmit to the Congress a report assessing the 
        feasibility and desirability of a program for 
        increasing the amount of direct loan authority in the 
        manner described in paragraph (1) and the factors 
        considered in making such assessment.
          (3) Transition to nondefense production required to 
        be considered.--In determining whether to provide 
        financial support for an export transaction, the 
        Export-Import Bank of the United States shall take into 
        account, to the extent feasible and in accordance with 
        applicable standards and procedures established by the 
        bank in consultation with the Committee, the fact that 
        the product or service is produced or provided by any 
        business or group of workers which--
                  (A) was substantially and seriously affected 
                by defense budget reductions; and
                  (B) is in transition from defense to 
                nondefense production.
  (b) SBA Use of Authority for Export Financing Assistance.--In 
determining whether to provide financial or other assistance 
under the Small Business Act, title VIII of the Omnibus Trade 
and Competitiveness Act of 1988, or any program referred to in 
section 4301 to any small business involved in, or attempting 
to become involved in, the export of any product or service, 
the Administrator of the Small Business Administration shall 
take into account the fact that such product or service is 
produced or provided by any business or group of workers 
which--
          (1) has been substantially and seriously affected by 
        defense budget reductions; and
          (2) is in transition from defense to nondefense 
        production.
  (c) Coordination and Integration of Activities and Assistance 
with Other Agencies.--In providing additional financial 
assistance pursuant to any increase in loan authority under 
this division--
          (1) Federal agencies concerned with international 
        trade shall participate in the process of coordination 
        conducted by the Committee pursuant to section 
        4004(c)(1);\72\ and
---------------------------------------------------------------------------
    \72\Sec. 1062(c)(1) of Public Law 102-190 (105 Stat. 1475) struck 
out ``section 4003(b)'' and inserted in lieu thereof ``section 
4004(c)(1)''.
---------------------------------------------------------------------------
          (2) such Federal agencies shall attempt, to the 
        maximum extent practicable, to coordinate and integrate 
        the activities and assistance of the agencies in 
        support of exports, including financial assistance in 
        the form of direct loans, loan guarantees, and 
        insurance, general trade promotion, marketing 
        assistance, and marketing and commercial information, 
        in a manner consistent with the purposes of this 
        division (and the amendments made by this division to 
        other provisions of law).
  (d) Reporting.--The annual reports made by the Export-Import 
Bank of the United States and the Administrator of the Small 
Business Administration and the annual economic stabilization 
and adjustment report under section 4004(c)(3)\73\ of this 
division shall include a description of the extent to which the 
bank and the Administrator are--
---------------------------------------------------------------------------
    \73\Sec. 1062(c)(2) of Public Law 102-190 (105 Stat. 1475) struck 
out ``section 4003'' and inserted in lieu thereof ``section 
4004(c)(3)''.
---------------------------------------------------------------------------
          (1) providing financing described in subsections 
        (a)(2) and (b), respectively, to businesses or groups 
        of workers which were substantially and seriously 
        affected by defense budget reductions; and
          (2) coordinating and integrating export support and 
        financing activities with other Federal agencies.
          * * * * * * *
  n. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Partial text of Public Law 101-189 [H.R. 2461], 103 Stat. 1352, 
     approved November 29, 1989; as amended by Public Law 101-165 
[Department of Defense Appropriations Act, 1990; H.R. 3072], 103 Stat. 
1112, approved November 21, 1989; Public Law 101-510 [National Defense 
  Authorization Act for Fiscal Year 1991, H.R. 4739], 104 Stat. 1485, 
    approved November 5, 1990; Public Law 102-484 [National Defense 
  Authorization Act for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, 
    approved October 23, 1992; Public Law 103-160 [National Defense 
  Authorization Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, 
   approved November 30, 1993; Public Law 104-106 [National Defense 
   Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
approved February 10, 1996; and by Public Law 104-201 [National Defense 
  Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, 
                      approved September 23, 1996

 AN ACT To authorize appropriations for fiscal years 1990 and 1991 for 
    military activities of the Department of Defense, for military 
 construction, and for defense activities of the Department of Energy, 
 to prescribe personnel strengths for such fiscal years for the Armed 
                    Forces, 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

  This Act may be cited as the ``National Defense Authorization 
Act for Fiscal Years 1990 and 1991''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS

  (a) Organization of Act Into Divisions.--This Act is 
organized into three divisions as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
          * * * * * * *

SEC. 3. EXPIRATION OF AUTHORIZATIONS FOR FISCAL YEARS AFTER 1990

  Authorizations of appropriations, and of personnel strength 
levels, in this Act for any fiscal year after fiscal year 1990 
are effective only with respect to appropriations made during 
the first session of the One Hundred First Congress.

SEC. 4. CONGRESSIONAL DEFENSE COMMITTEES DEFINED

  For purposes of this Act, the term ``congressional defense 
committees'' means the Committees on Armed Services and the 
Committees on Appropriations of the Senate and House of 
Representatives.\1\
---------------------------------------------------------------------------
    \1\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.
---------------------------------------------------------------------------
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

                     Part A--Funding Authorizations

          * * * * * * *

SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM

  Funds are hereby authorized to be appropriated for the 
destruction of lethal chemical weapons in accordance with 
section 1412 of the Department of Defense Authorization Act, 
1986 (Public Law 99-145; 99 Stat. 747) as follows:
          (1) $263,700,000 for fiscal year 1990.
          (2) $317,700,000 for fiscal year 1991.
          * * * * * * *

                       Part H--Chemical Munitions

          * * * * * * *

SEC. 172. CHEMICAL MUNITIONS EUROPEAN RETROGRADE PROGRAM

  (a) Limitations on Retrograde Program.--The Secretary of 
Defense may not obligate any funds appropriated for fiscal year 
1990 for the purpose of carrying out the chemical munitions 
European retrograde program involving the withdrawal from 
Europe of chemical munitions until each of the following 
occurs:
          (1) The Secretary submits to the Committees on Armed 
        Services of the Senate and House of Representatives\1\ 
        a certification--
                  (A) that an adequate United States binary 
                chemical munitions stockpile will exist before 
                any withdrawal of the existing stockpile from 
                its present location in Europe is carried out; 
                and
                  (B) that the plan for such retrograde program 
                is based on--
                          (i) minimum technical risk;
                          (ii) minimum operational risk; and
                          (iii) maximum safety to the public.
          (2) The Secretary submits to those committees a 
        revised concept plan for such retrograde program that 
        includes a description of--
                  (A) the full budgetary effect of the 
                retrograde program; and
                  (B) the potential effect of the retrograde 
                program on the chemical demilitarization 
                program.
  (b) Limitation on Transfer of Funds.--The Secretary of 
Defense may not transfer any funds from the chemical 
demilitarization emergency response program for the retrograde 
program referred to in subsection (a).

SEC. 173. CHEMICAL DEMILITARIZATION CRYOFRACTURE PROGRAM

  (a)\2\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \2\Sec. 151 of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 214) repealed subsec. (a), 
which read as follows:
    ``(a) Program.--The Secretary of Defense, to the extent funds are 
available for the purpose, shall proceed as expeditiously as possible 
with the project to develop an operational cryofracture facility at the 
Tooele Army Depot, Utah.''.
---------------------------------------------------------------------------
  (b) Use of Fiscal Year 1989 Funds.--Of the amount authorized 
and appropriated for fiscal year 1989 for the chemical 
demilitarization program, $16,300,000 shall be obligated 
immediately for continued research and development testing of 
the cryofracture program.

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

          * * * * * * *

                  Part C--Strategic Defense Initiative

SEC. 221. FUNDING FOR THE STRATEGIC DEFENSE INITIATIVE FOR FISCAL YEAR 
                    1990

  (a) Amount Authorized.--Of the amounts appropriated pursuant 
to section 201 for fiscal year 1990 or otherwise made available 
to the Department of Defense for research, development, test, 
and evaluation for fiscal year 1990, not more than 
$3,573,202,000 may be obligated for the Strategic Defense 
Initiative.
  (b) Management Headquarters Support.--Of the amount available 
for the Strategic Defense Initiative pursuant to subsection 
(a), not more than $23,000,000 shall be available for 
Management Headquarters Support.
  (c) Funds for Support of Medical Free Electron Laser 
Program.--Of the amounts appropriated for fiscal years 1990 and 
1991 that are available for the Strategic Defense Initiative, 
not more than $20,000,000 of that amount for each such year may 
be used to support the medical free electron laser program.

SEC. 222. REPORT ON ALLOCATION OF FISCAL YEAR 1990 SDI FUNDING

  (a) Report.--The Secretary of Defense shall submit to the 
congressional defense committees a report on the allocation of 
funds appropriated for the Strategic Defense Initiative for 
fiscal year 1990. The report shall specify the amount of such 
funds allocated for each program, project, or activity of the 
Strategic Defense Initiative.
  (b) Deadline for Report.--The report required by subsection 
(a) shall be submitted not later than 90 days after the date of 
the enactment of legislation appropriating funds for the 
Strategic Defense Initiative for fiscal year 1990.

SEC. 223. LIMITATION ON DEVELOPMENT AND TESTING OF ANTIBALLISTIC 
                    MISSILE SYSTEMS OR COMPONENTS

  (a) Use of Funds.--(1) Funds appropriated or otherwise made 
available to the Department of Defense for fiscal year 1990, or 
any fiscal year before 1990, shall be subject to the 
limitations prescribed in paragraph (2).
  (2) Funds described in paragraph (1) may not be obligated or 
expended--
          (A) for the development or testing of any 
        antiballistic missile system or component, except for 
        development and testing consistent with the development 
        and testing described in the 1989 SDIO Report; or
          (B) for the acquisition of any material or equipment 
        (including any long lead materials, components, piece 
        parts, test equipment, or any modified space launch 
        vehicle) required or to be used for the development or 
        testing of antiballistic missile systems or components, 
        except for material or equipment required for 
        development or testing consistent with the development 
        and testing described in the 1989 SDIO Report.
  (3) The limitation in paragraph (2) shall not apply to funds 
transferred to or for the use of the Strategic Defense 
Initiative for fiscal year 1990 if the transfer is made in 
accordance with section 1601 of this Act.
  (b) Definition.--As used in this section, the term ``1989 
SDIO Report'' means the report entitled, ``1989 Report to 
Congress on the Strategic Defense Initiative,'' dated January 
19, 1989, prepared by the Strategic Defense Initiative 
Organization and submitted to certain committees of the Senate 
and House of Representatives by the Secretary of Defense 
pursuant to section 231 of the National Defense Authorization 
Act for Fiscal Years 1988 and 1989 (Public Law 100-180; 101 
Stat. 1059; 10 U.S.C. 2431 note).

SEC. 224.\3\ ANNUAL REPORT ON BALLISTIC MISSILE DEFENSE\4\ PROGRAM.

  (a) Report Required.--Not later than March 15 of each year, 
the Secretary of Defense shall transmit to Congress a report 
(in both unclassified and classified form) on the programs and 
projects that constitute the Ballistic Missile Defense 
program\4\ and on any other program or project relating to 
defense against ballistic missiles.
---------------------------------------------------------------------------
    \3\10 U.S.C. 2341 note. See also sec. 235 of Public Law 103-160 
(107 Stat. 1595), which required new reports and findings on various 
aspects of the Theater Missile Defense Initiative, and sec. 236, which 
required a new report on the Limited Defense System.
    Sec. 234(e) of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 230) required the following:
    ``(e) Program Accountability Report.--(1) As part of the annual 
report of the Ballistic Missile Defense Organization required by 
section 224 of Public Law 101-189 (10 U.S.C. 2431 note), the Secretary 
of Defense shall describe the technical milestones, the schedule, and 
the cost of each phase of development and acquisition (together with 
total estimated program costs) for each core and follow-on theater 
missile defense program.
    ``(2) As part of such report, the Secretary shall describe, with 
respect to each program covered in the report, any variance in the 
technical milestones, program schedule milestones, and costs for the 
program compared with the information relating to that program in the 
report submitted in the previous year and in the report submitted in 
the first year in which that program was covered.''.
    \4\Sec. 240 of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1603) replaced all references 
to the ``Strategic Defense Initiative'', or ``SDI'', with references to 
the ``Ballistic Missile Defense'', ``BMD'', or ``Ballistic Missile 
Defense program'' throughout sec. 224.
---------------------------------------------------------------------------
  (b)\5\ Content of Report.--Each such report shall include the 
following:
---------------------------------------------------------------------------
    \5\Sec. 244 of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104-201; 110 Stat. 2463) struck out paras. (3), 
(4), and (10) of this subsec. and redesignated paras. (5) through (9) 
as paras. (3) through (7), respectively.
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          (1) A statement of the basic strategy for research 
        and development being pursued by the Department of 
        Defense under the Ballistic Missile Defense program 
        (BMD),\4\ including the relative priority being given, 
        respectively, to the development of near-term 
        deployment options and research on longer-term 
        technological approaches.
          (2) A detailed description of each program or project 
        which is included in the Ballistic Missile Defense 
        program\4\ or which otherwise relates to defense 
        against strategic ballistic missiles, including a 
        technical evaluation of each such program or project 
        and an assessment as to when each can be brought to the 
        stage of full-scale engineering development (assuming 
        funding as requested or programmed).
          (3)\5\ The status of consultations with other member 
        nations of the North Atlantic Treaty Organization, 
        Japan, and other appropriate allies concerning research 
        being conducted in the Ballistic Missile Defense 
        program.\4\
          (4)\5\ A statement of the compliance of the planned 
        BMD\2\ development and testing programs with existing 
        arms control agreements, including the 1972 Anti-
        Ballistic Missile Treaty.
          (5)\5\ A review of possible countermeasures\6\ to 
        specific BMD\4\ programs, an estimate of the time and 
        cost required\6\ to develop each such countermeasure, 
        and an evaluation of the adequacy of the BMD\4\ 
        programs described in the report to respond to such 
        countermeasures.
---------------------------------------------------------------------------
    \6\Sec. 244(3) of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104-201; 110 Stat. 2463) struck out ``of the 
Soviet Union'' after ``countermeasures'' and ``for the Soviet Union'' 
after ``cost required''.
---------------------------------------------------------------------------
          (6)\5\ Details regarding funding of programs and 
        projects for the Ballistic Missile Defense program\4\ 
        (including the amounts authorized, appropriated, and 
        made available for obligation after undistributed 
        reductions or other offsetting reductions were carried 
        out), as follows:
                  (A) The level of requested and appropriated 
                funding provided for the current fiscal year 
                for each program and project in the Ballistic 
                Missile Defense program\4\ budgetary 
                presentation materials provided to Congress.
                  (B) The aggregate amount of funding provided 
                for previous fiscal years (including the 
                current fiscal year) for each such program and 
                project.
                  (C) The amount requested to be appropriated 
                for each such program and project for the next 
                fiscal year.
                  (D) The amount programmed to be requested for 
                each such program and project for the following 
                fiscal year.
                  (E) The amount required to reach the next 
                significant milestone for each demonstration 
                program and each major technology program.
          (7)\5\ Details on what Ballistic Missile Defense 
        program\4\ technologies can be developed or deployed 
        within the next 5 to 10 years to defend against 
        significant military threats and help accomplish 
        critical military missions. The missions to be 
        considered include the following:
                  (A) Defending elements of the Armed Forces 
                abroad and United States allies against 
                tactical ballistic missiles, particularly new 
                and highly accurate shorter-range ballistic 
                missiles\7\ armed with conventional, chemical, 
                or nuclear warheads.
---------------------------------------------------------------------------
    \7\Sec. 244(5)(A) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2463) struck out ``of 
the Soviet Union'' after ``ballistic missiles''.
---------------------------------------------------------------------------
                  (B) Defending against an accidental launch of 
                strategic ballistic missiles against the United 
                States.
                  (C)\8\ Any other significant near-term 
                military mission that the application of BMD\4\ 
                technologies might help to accomplish.
---------------------------------------------------------------------------
    \8\Sec. 244(5)(B) and (C) of the National Defense Authorization Act 
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2463) struck out 
subparas. (C) through (F) and redesignated subpara. (G) as subpara. 
(C).
---------------------------------------------------------------------------
          * * * * * * *

            Part E--Chemical and Biological Warfare Programs

SEC. 241. PROGRAM FOR MONITORING COMPLIANCE WITH POSSIBLE CHEMICAL 
                    WEAPONS CONVENTION

  Of the amount authorized to be appropriated pursuant to 
section 201 for the Defense Agencies for fiscal year 1990, 
$15,000,000 shall be available for use only by the Office of 
the Secretary of Defense to conduct a program to develop and 
demonstrate compliance monitoring capabilities in support of 
efforts by the United States in the Conference on Disarmament 
at Geneva to achieve a verifiable convention on the prohibition 
of chemical weapons.

SEC. 242. REPORT ON BIOLOGICAL DEFENSE RESEARCH PROGRAM

  (a) Report.--The Secretary of Defense shall submit to the 
Congress a report on research, development, test, and 
evaluation conducted by the Department of Defense during fiscal 
year 1989 under the Biological Defense Research Program. The 
report shall be submitted in both classified and unclassified 
form in conjunction with the submission of the budget to 
Congress for fiscal 1991.
  (b) Content of Report.--The report shall address the 
following matters:
          (1) Each biological or infectious agent used in, or 
        the subject of, research, development, test, and 
        evaluation conducted under that program during that 
        fiscal year and not previously listed in the Center for 
        Disease Control Guidelines.
          (2) The biological properties of each such agent.
          (3) With respect to each agent, the location at which 
        research, development, test, and evaluation under that 
        program involving that agent is conducted and the 
        amount of funds expended during that fiscal year under 
        the program at that location.
          (4) The biosafety level used in conducting that 
        research, development, test, and evaluation.
  (c) Types of Research Affected.--Subsection (a) applies to 
all research, development, test, and evaluation conducted under 
the Biological Defense Research Program by the Department of 
Defense.
  (d) Definition.--In this section the term ``biosafety level'' 
means the applicable biosafety level described in the 
publication entitled ``Biosafety in Microbiological and 
Biomedical Laboratories'' (CDC-NIH, 1984).

SEC. 243.\9\ RESTORATION OF CERTAIN REPORTING REQUIREMENTS RELATING TO 
                    CHEMICAL AND BIOLOGICAL WARFARE AGENTS * * *

          * * * * * * *
---------------------------------------------------------------------------
    \9\Sec. 243 amended the Goldwater-Nichols Department of Defense 
Reorganization Act of 1986. See 100 Stat. 1066; 10 U.S.C. 111 note.
---------------------------------------------------------------------------

                  TITLE III--OPERATION AND MAINTENANCE

                Part A--Authorization of Appropriations

          * * * * * * *

SEC. 304. HUMANITARIAN ASSISTANCE

  (a) Purpose.--Funds appropriated pursuant to the 
authorizations in subsections (a)(16) and (b)(16) of section 
301\10\ for humanitarian assistance shall be used for the 
purpose of providing transportation for humanitarian relief for 
persons displaced or who are refugees because of the invasion 
of Afghanistan by the Soviet Union. Of the funds appropriated 
for each of fiscal years 1990 and 1991 pursuant to such 
subsections for such purpose, not more than $3,000,000 may be 
used for distribution of humanitarian relief supplies to the 
non-Communist resistance organization at or near the border 
between Thailand and Cambodia.
---------------------------------------------------------------------------
    \10\Sec. 301 authorized $13,000,000 for humanitarian assistance for 
each fiscal year 1990 ((a)(16)) and 1991 ((b)(16)).
---------------------------------------------------------------------------
  (b) Authority To Transfer Funds.--The Secretary of Defense 
may transfer to the Secretary of State not more than $3,000,000 
of the funds appropriated pursuant to such subsections for each 
of fiscal years 1990 and 1991 for humanitarian assistance to 
provide for--
          (1) the payment of administrative costs incurred in 
        providing the transportation described in subsection 
        (a); and
          (2) the purchase or other acquisition of 
        transportation assets for the distribution of 
        humanitarian relief supplies in the country of 
        destination.
  (c) Transportation Under Direction of the Secretary of 
State.--Transportation for humanitarian relief provided with 
funds appropriated pursuant to such subsections for 
humanitarian assistance shall be provided under the direction 
of the Secretary of State.
  (d) Means of Transportation To Be Used.--Transportation for 
humanitarian relief provided with funds appropriated pursuant 
to such subsections for humanitarian assistance shall be 
provided by the most economical commercial or military means 
available, unless the Secretary of State determines that it is 
in the national interest of the United States to provide 
transportation other than by the most economical means 
available. The means used to provide such transportation may 
include the use of aircraft and personnel of the reserve 
components of the Armed Forces.
  (e) Availability of Funds.--Funds appropriated pursuant to 
such subsections for humanitarian assistance shall remain 
available until expended, to the extent provided in 
appropriation Acts.
  (f)\11\ Reports to Congress.-- * * * [Repealed--1990]
---------------------------------------------------------------------------
    \11\Sec. 303(f)(5) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1526) repealed subsec. 
(f), which had required the Secretary of Defense to submit to the 
Committees on Armed Services and Foreign Relations of the Senate and 
the Committees on Armed Services and Foreign Affairs of the House of 
Representatives several reports on the funds obligated for humanitarian 
relief under various humanitarian relief laws.
---------------------------------------------------------------------------
          * * * * * * *

                          Part B--Limitations

          * * * * * * *

SEC. 311. PROHIBITION ON PAYMENT OF SEVERANCE PAY TO FOREIGN NATIONALS 
                    IN THE EVENT OF CERTAIN BASE CLOSURES

  (a) * * *
  (b) * * *
  (c) Sense of Congress.--It is the sense of Congress that--
          (1) in the event a United States military facility 
        located in a foreign country is closed (or activities 
        at the facility are curtailed) at the request of the 
        government of that country, such government should be 
        responsible for the payment of severance pay to foreign 
        nationals in the country whose employment by the United 
        States or by a contractor under a contract with the 
        United States is terminated as a result of the closure 
        or curtailment; and
          (2) in negotiating a status-of-forces agreement or 
        other country-to-country agreement with the government 
        of a foreign country, the President should endeavor to 
        include in the agreement a provision that would require 
        the government of that country to pay severance pay to 
        foreign nationals in that country whose employment is 
        terminated as a result of the closing of, or the 
        curtailment of activities at, a United States military 
        facility in that country, if the closing or curtailment 
        is at the request of the government of that country.
          * * * * * * *

SEC. 314. REDUCTION IN THE NUMBER OF CIVILIAN PERSONNEL AUTHORIZED FOR 
                    DUTY IN EUROPE

  (a) Reduction Required.--The number of civilian employees of 
the Department of Defense authorized for duty in Europe on the 
date of the enactment of this Act shall be reduced by a number 
equal to the number of remaining authorizations for employees 
of the department that--
          (1) were related to intermediate-range nuclear forces 
        on December 8, 1987; and
          (2) are unnecessary as a result of the Treaty between 
        the United States of America and the Union of Soviet 
        Socialist Republics on the Elimination of their 
        Intermediate-range and Shorter-range Missiles, signed 
        on December 8, 1987 (commonly referred to as the ``INF 
        Treaty'').
  (b) Deadline for Reduction.--The reduction in the number of 
employees authorized for duty in Europe required by subsection 
(a) shall be completed not later than October 1, 1991.
          * * * * * * *

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

          * * * * * * *

                Part B--Changes to Acquisition Statutes

SEC. 815.\12\ DEFENSE MEMORANDA OF UNDERSTANDING AND RELATED AGREEMENTS 
                    * * *

          * * * * * * *

                Part C--Other Acquisition Policy Matters

          * * * * * * *

SEC. 823. LIMITATION ON AUTHORITY TO WAIVE BUY AMERICAN ACT REQUIREMENT

  (a)\13\ Determination by Secretary of Defense.--(1) If the 
Secretary of Defense, after consultation with the United States 
Trade Representative, determines that a foreign country which 
is party to an agreement described in paragraph (2) has 
violated the terms of that agreement by discriminating against 
certain types of products produced in the United States that 
are covered by the agreement, the Secretary of Defense shall 
rescind the Secretary's blanket waiver of the Buy American Act 
with respect to such types of products produced in that foreign 
country.
---------------------------------------------------------------------------
    \12\Sec. 815 amended sec. 2504 of 10 U.S.C.
    \13\41 U.S.C. 10b-2.
---------------------------------------------------------------------------
  (2) An agreement referred to in paragraph (1) is any 
agreement, including any reciprocal defense procurement 
memorandum of understanding, between the United States and a 
foreign country pursuant to which the Secretary of Defense has 
prospectively waived the Buy American Act for certain products 
produced in that country.
  (b) Report to Congress.--The Secretary of Defense shall 
submit to Congress a report on the amount of Department of 
Defense purchases from foreign entities in fiscal years 1990 
and 1991. Such report shall separately indicate the dollar 
value of items for which the Buy American Act was waived 
pursuant to any agreement described in subsection (a)(2), the 
Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a party.
  (c) Buy American Act Defined.--For purposes of this section, 
the term ``Buy American Act'' means title III of the Act 
entitled ``An Act making appropriations for the Treasury and 
Post Office Departments for the fiscal year ending June 30, 
1934, and for other purposes'', approved March 3, 1933 (41 
U.S.C. 10a et seq.).
          * * * * * * *

SEC. 825.\14\ STUDY AND REPORT ON DEFENSE EXPORT FINANCING

  (a) Study.--The President shall conduct a study of export 
financing of defense articles. In the course of the study, the 
President shall--
---------------------------------------------------------------------------
    \14\In a memorandum for the Director of the Office of Management 
and Budget of March 7, 1990 (55 F.R. 10033), the President delegated 
``to the Director of the Office of Management and Budget the authority 
for conducting a study of export financing of defense articles and 
reporting to the Congress on the findings of such study as required by 
section 825''.
---------------------------------------------------------------------------
          (1) examine the effect of export financing on the 
        ability of United States industry to compete in the 
        international market for defense products;
          (2) determine the extent to which other countries 
        support commercial financing for defense exports 
        through official government credit programs;
          (3) determine the extent to which United States 
        private capital is used to support defense exports and 
        the obstacles that United States lending institutions 
        face in providing additional support; and
          (4) determine the feasibility and desirability of 
        using existing or new Government export guarantee 
        programs to provide greater private capital support for 
        United States defense exports.
  (b) Report.--Not later than 120 days after the date of 
enactment of this Act, the President shall submit to Congress a 
report on the findings of the study under subsection (a).
          * * * * * * *

                         Part F--Miscellaneous

          * * * * * * *

SEC. 852.\15\ PROCUREMENT FROM COUNTRIES THAT DENY ADEQUATE AND 
                    EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY 
                    RIGHTS

  (a) Sense of Congress.--It is the sense of Congress that it 
should be a very important consideration in the procurement of 
property, services, or technology by the Department of Defense 
whether such procurement is from any person of any country 
which has been identified by the United States Trade 
Representative, on the advice of the Commissioner of Patents 
and Trademarks in the Department of Commerce and the Register 
of Copyrights, pursuant to section 182(a)(2) of the Trade Act 
of 1974 (19 U.S.C. 2242)\16\ as denying adequate and effective 
protection of intellectual property rights or fair and 
equitable market access to United States persons that rely upon 
intellectual property protection.
---------------------------------------------------------------------------
    \15\Sec. 1302(a) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1668) struck out 
subsec. 852(b), which had required the Secretary of Defense to report 
to the Committees on Armed Services, on Finance, and on the Judiciary 
of the Senate and the Committees on Armed Services, on Ways and Means, 
and on the Judiciary of the House of Representatives, on this matter.
    \16\For text, see Legislation on Foreign Relations Through 1997, 
vol. III, sec. J.
---------------------------------------------------------------------------
          * * * * * * *

   TITLE IX--MATTERS RELATING TO NATO MEMBER NATIONS AND OTHER ALLIES

            Part A--Conventional Force Reductions in Europe

SEC. 901. FRAMEWORK FOR DETERMINING CONVENTIONAL FORCE REQUIREMENTS IN 
                    A CHANGING THREAT ENVIRONMENT

  (a) Evaluation of Effect of Warsaw Pact Reductions and of 
Possible CFE Agreement.--The Secretary of Defense shall submit 
to the congressional defense committees a report providing the 
Secretary's evaluation of the effect upon requirements of the 
United States for conventional forces and for military spending 
that could be anticipated under the following assumptions:
          (1) The full implementation of the unilateral force 
        reductions in, and subsequent reorganization of, forces 
        of the Soviet Union described by the President of the 
        Soviet Union on December 7, 1988, and the unilateral 
        force reductions subsequently announced by the other 
        members of the Warsaw Pact.
          (2) Entry into force of a conventional arms control 
        agreement establishing rough parity in conventional 
        forces in Europe between forces of the North Atlantic 
        Treaty Organization and the Warsaw Pact at equal levels 
        (at approximately 85 to 90 percent of NATO's current 
        inventory) of tanks, artillery, armored troop carriers, 
        combat helicopters, and land-based combat aircraft.
  (b) Matters To Be Included in Evaluation.--In carrying out 
the evaluation required by subsection (a) of the unilateral 
force reductions referred to in paragraph (1) of that 
subsection and the potential effect of an agreement referred to 
in paragraph (2) of that subsection, the Secretary shall 
include in the evaluation (at a minimum) the following (stated 
for both the near-term and mid-term):
          (1) An assessment of the threat to NATO under the 
        assumptions specified in each of paragraphs (1) and (2) 
        of subsection (a).
          (2) The effect on the defense strategy of the United 
        States for meeting its NATO commitments in the changing 
        threat environment, including the effect on the ability 
        of NATO to defend against an attack by the Warsaw Pact 
        (A) on short warning, or (B) during a crisis in Europe.
          (3) The effect on--
                  (A) the mix of active and reserve forces of 
                the United States;
                  (B) the ratio of (i) conventional forces of 
                the United States deployed in the European 
                theater, to (ii) conventional forces of the 
                United States deployed in the continental 
                United States; and
                  (C) air and sea lift requirements.
          (3) The effect on operational military concepts of 
        the United States and NATO (such as Follow-on Forces 
        Attack (FOFA), AirLand Battle, Maritime Strategy, and 
        Rapid Reinforcement) that were initially developed to 
        counter the large advantage of the Warsaw Pact in 
        conventional land forces in the European theater.
          (4) The effect on equipment requirements of the 
        United States for meeting its commitments to NATO in 
        the 1990s.
  (c) Time for Submission.--The report required by subsection 
(a) shall be submitted concurrently with the submission to 
Congress of the President's budget for fiscal year 1991 
pursuant to section 1105 of title 31, United States Code. The 
report shall be submitted in both classified and unclassified 
form.

SEC. 902. IMPLICATIONS OF MUTUAL REDUCTIONS IN CONVENTIONAL FORCES IN 
                    EUROPE BY NATO AND WARSAW PACT MEMBER NATIONS

  (a) Commendation of President's Conventional Arms Reduction 
Initiative.--Congress commends and supports the President's 
conventional arms control initiative announced in Brussels on 
May 29, 1989, in which the President proposed, and the North 
Atlantic Treaty Organization (NATO) agreed, that NATO expand 
its negotiating position at the negotiations on reductions in 
conventional forces in Europe (begun in Vienna on March 9, 
1989, and known as the ``CFE Talks'') to include--
          (1) substantial reductions by each side to equal 
        ceilings of helicopters and combat aircraft; and
          (2) a reduction to a common ceiling of United States 
        military personnel stationed in Western Europe and 
        Soviet military personnel stationed in Eastern Europe.
  (b) Presidential Report.--(1) Not later than six months after 
the date of the enactment of this Act, the President shall 
submit to Congress an unclassified report, with classified 
annexes as necessary, on the foreign policy and military 
implications to NATO and to the Warsaw Pact of significant 
reductions of conventional forces by NATO and Warsaw Pact 
countries to a ceiling which is the same for both sides.
  (2) The report shall address possible force reduction 
scenarios for a second round of CFE negotiations and shall be 
based upon two different assumptions with regard to the level 
of reductions in personnel and equipment to be made. Under the 
first assumption, personnel and equipment would be reduced to a 
level 25 percent below current NATO levels. Under the second 
assumption, personnel and equipment would be reduced to a level 
50 percent below current NATO levels.
  (3) The report shall include the following:
          (A) A comprehensive net assessment of the current 
        balance between NATO forces and Warsaw Pact forces and 
        of the overall trends in that balance, including an 
        assessment of the trends in active and reserve forces 
        and in total equipment holdings in stationed and 
        indigenous forces.
          (B) A description of the likely alternative force 
        postures that could be adopted by member nations of 
        both alliances (particularly by the United States and 
        the Soviet Union) under each of the assumptions 
        analyzed, together with a description of the possible 
        effects of restructuring of both NATO and Warsaw Pact 
        forces in Europe for defensive purposes.
          (C) A statement of the costs (or savings) to the 
        United States, over at least a seven-year period, 
        estimated to be associated with each force posture 
        described under subparagraph (B), together with an 
        analysis of how those costs (or savings) were 
        determined.
          (D) An analysis of the implications for NATO 
        strategy, security, and military policy under each of 
        the reduction levels referred to in paragraph (2), 
        including a net assessment of the resulting balance 
        between NATO forces and Warsaw Pact forces.
          (E) An assessment of the effects under each of the 
        reduction levels referred to in paragraph (2) 
        (including the alternative force postures under each 
        assumption) upon the stability of the conventional 
        balance of forces in Europe.
          (F) An assessment of the ability of NATO to defend 
        Europe under each of the assumed reduction levels in 
        the event of an attack by the Warsaw Pact (i) on short 
        warning, or (ii) during a crisis in Europe.
          (G) An assessment of the effects under each of the 
        reduction levels referred to in paragraph (2) on--
                  (i) the short-range nuclear force 
                requirements of NATO;
                  (ii) the requirements of the United States 
                for POMCUS and war-reserve stocks;
                  (iii) the requirements of NATO for airlift 
                and sealift based in the United States and for 
                reinforcing units from the United States; and
                  (iv) the ability of the United States to meet 
                global military requirements.

SEC. 903. REPORT ON VERIFICATION MEASURES FOR POSSIBLE CONVENTIONAL 
                    ARMS CONTROL AGREEMENT

  (a) Report.--The President shall submit to Congress a report 
on the types of measures that would be required to verify the 
proposal for reductions in conventional forces in Europe 
adopted by the member nations of the North Atlantic Treaty 
Organization (NATO) on May 30, 1989.
  (b) Matters To Be Included in Report.--The President shall 
include in the report under subsection (a) the following:
          (1) A discussion of the types of information that it 
        would be necessary for the parties to such an agreement 
        to exchange for such verification.
          (2) A discussion of the range of options under 
        consideration by the executive branch for defining what 
        constitutes a militarily significant violation of a 
        conventional arms control agreement.
          (3) A description of the national technical means, 
        on-site inspections, and other cooperative measures 
        that would be necessary to detect violations of such an 
        agreement, including--
                  (A) an analysis of the measures that would be 
                required to monitor (i) the withdrawal and 
                demobilization of military personnel, and (ii) 
                the withdrawal and (if required by the 
                agreement) the destruction of military 
                equipment provided for in any such agreement; 
                and
                  (B) the President's judgment on those on-site 
                inspections and confidence building measures 
                under consideration that are the most 
                acceptable, and the least acceptable, to the 
                NATO alliance and the Warsaw Pact, including an 
                assessment of the counterintelligence aspects 
                of such measures for NATO.
          (4) A discussion of the procedures the NATO alliance 
        would follow in the event of a violation of such an 
        agreement by a member of the Warsaw Treaty 
        Organization.
  (c) Data Base Analysis.--(1) The report under subsection (a) 
shall also include a comprehensive analysis of--
          (A) the uncertainties in the data bases to be used by 
        United States intelligence with respect to the military 
        forces of NATO member nations and Warsaw Pact member 
        nations located in the proposed areas of reduction;
          (B) the uncertainties in the estimates of the trends 
        in such forces; and
          (C) the differences in the data bases and counting 
        rules used by the United States, the allies of the 
        United States, and the Warsaw Pact member nations.
  (2) The analysis under paragraph (1) shall address separately 
the uncertainties in the estimates of each of the following:
          (A) Active forces.
          (B) Reserve forces.
          (C) Equipment subject to reductions and ceilings.
          (D) Indigenous forces.
          (E) Stationed forces.
  (d) Submission of Report.--The report required by subsection 
(a) shall be submitted not later than March 1, 1990. The report 
shall include such comments and recommendations as the 
President determines appropriate. The report shall be submitted 
in both classified and unclassified versions.

                         Part B--Burden Sharing

SEC. 911.\17\ REDUCTION IN AUTHORIZED END STRENGTH FOR THE NUMBER OF 
                    MILITARY PERSONNEL IN EUROPE * * * [REPEALED--1990]
---------------------------------------------------------------------------

    \17\Sec. 911, which would have amended sec. 1002(c)(1) of the 
Department of Defense Authorization Act, 1985 (22 U.S.C. 1928 note), to 
reduce end strength of U.S. military personnel in Europe, effective 
September 30, 1991, was repealed by sec. 406(c) of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 
1546). Sec. 406 of that Act amended sec. 1002(c)(1) of the Department 
of Defense Authorization Act, 1985, and provided further criteria for 
military force reduction.
---------------------------------------------------------------------------

SEC. 912.\18\ ACTIVE-DUTY FORCES IN EUROPE OF MEMBER NATIONS OF NATO

  (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \18\22 U.S.C. 1928 note.
---------------------------------------------------------------------------
          (1) Member nations of the North Atlantic Treaty 
        Organization (NATO), at the initiative of the 
        President, have presented to the nations of the Warsaw 
        Pact a comprehensive proposal concerning reductions in 
        conventional forces in Europe for consideration in the 
        negotiations on Conventional Armed Forces in Europe 
        (CFE).
          (2) An agreement based on that proposal would 
        significantly enhance security and stability in Europe 
        and the cause of peace worldwide.
          (3) Irrespective of developments in the CFE 
        negotiations, several member nations of NATO are 
        considering making significant unilateral reductions 
        over the next several years in the number of their 
        active-duty forces in Europe.
          (4) Such unilateral reductions in active-duty forces 
        before an agreement on CFE enters into force would--
                  (A) undercut efforts by NATO to improve its 
                conventional defense posture in Europe, 
                increase reliance by NATO on the threat of the 
                early use of nuclear weapons to deter 
                aggression, and undermine the NATO arms control 
                negotiating posture in the CFE negotiations; 
                and
                  (B) exacerbate longstanding burdensharing 
                tensions among member nations of NATO.
          (5) Despite shifts in relative economic power from 
        the United States to some of the major allies of the 
        United States, the costs of mutual defense continue to 
        be borne disproportionately by the United States.
          (6) Adjustments in burdensharing are long overdue.
  (b) Definitions.--For purposes of this section:
          (1) The term ``active-duty forces in Europe'' means 
        those active-duty military personnel assigned to 
        permanent duty ashore in European member nations of 
        NATO, except that such term does not include INF-
        related forces.
          (2) The term ``INF-related forces'' means those 
        active-duty military personnel assigned to permanent 
        duty ashore in European member nations of NATO who are 
        to be demobilized or withdrawn from Europe as a result 
        of the elimination of the intermediate-range nuclear 
        weapons of the United States pursuant to the Treaty 
        between the United States of America and the Union of 
        Soviet Socialist Republics on the Elimination of their 
        Intermediate-range and Shorter-range Missiles, signed 
        on December 8, 1987 (commonly referred to as the ``INF 
        Treaty'').
          (3) The term ``U.S. end-strength level in Europe'' 
        means the actual number of active-duty forces in Europe 
        of the Armed Forces of the United States at the end of 
        a fiscal year.
          (4) The term ``allied forces end-strength level in 
        Europe'' means the actual number of active-duty forces 
        in Europe of the armed forces of member nations of NATO 
        (other than the United States) in Europe at the end of 
        a fiscal year.
  (c) Baseline Report on Active-Duty Forces in Europe.--(1) Not 
later than 60 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the congressional 
defense committees, the Committee on Foreign Relations of the 
Senate, and the Committee on Foreign Affairs\19\ of the House 
of Representatives a report on the number of the active-duty 
forces in Europe of the member nations of NATO. The report 
shall identify the following:
---------------------------------------------------------------------------
    \19\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.
---------------------------------------------------------------------------
          (1) The U.S. end-strength level in Europe for fiscal 
        year 1989.
          (2) The allied forces end-strength level in Europe 
        for fiscal year 1989.
          (3) The actual number of active-duty forces in Europe 
        of the armed forces of each member nation of NATO 
        (other than the United States) at the end of fiscal 
        year 1989.
          (4) The ratio (expressed in terms of a percentage) 
        of--
                  (A) the U.S. end-strength level in Europe; to
                  (B) the allied forces end-strength level in 
                Europe.
  (d) U.S.-Allied Forces Ratio.--(1) The ratio identified for 
fiscal year 1989 under subsection (c)(4) is hereinafter in this 
section referred to as the ``baseline U.S.-allied forces 
ratio''.
  (2) The ratio identified in an annual report under subsection 
(e) is hereinafter in this section referred to as the ``U.S.-
allied forces ratio''.
  (e) Annual Report on Maintaining Active-Duty Forces in 
Europe.--(1) During each of the fiscal years 1991, 1992, and 
1993, the Secretary of Defense shall prepare a report 
identifying for the preceding fiscal year the following:
          (A) The U.S. end-strength level in Europe for the 
        fiscal year covered by the report.
          (B) The allied forces end-strength level in Europe 
        for such fiscal year.
          (C) The ratio (expressed in terms of a percentage) of 
        the U.S. end-strength level in Europe to the allied 
        forces end-strength level in Europe for the fiscal year 
        covered by the report.
  (2) The Secretary shall include in each such report the 
following:
          (A) A statement of whether there has been any change 
        in the U.S.-allied forces ratio for such fiscal year 
        compared with--
                  (i) the baseline U.S.-allied forces ratio; 
                and
                  (ii) after fiscal year 1991, the U.S.-allied 
                forces ratio for the fiscal year immediately 
                preceding the fiscal year covered by such 
                report.
          (B) In the case of a change in the U.S.-allied forces 
        ratio for such fiscal year, a description of the amount 
        of such change and any explanation of the cause for 
        such change.
          (C) A discussion of any action taken by the United 
        States during such fiscal year to encourage member 
        nations of NATO (other than the United States) to 
        increase the number of their active-duty forces in 
        Europe and the results of that action.
  (3)(A) Except as provided in subparagraph (B), the report 
required by paragraph (1) shall be submitted to the 
congressional defense committees, the Committee on Foreign 
Relations of the Senate, and the Committee on Foreign 
Affairs\20\ of the House of Representatives not later than 
April 1 of each fiscal year referred to in such paragraph.
---------------------------------------------------------------------------
    \20\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) The Secretary shall be considered to have complied with 
subparagraph (A) in a fiscal year if the Secretary includes the 
information required by paragraphs (1) and (2) in the report 
submitted in such year pursuant to section 1002(d)(2) of the 
Department of Defense Authorization Act, 1985 (22 U.S.C. 1928 
note).
  (f) Limitation on Obligation of Funds.--(1) If the Secretary 
of Defense states in a report prepared under subsection (e) 
that the U.S.-allied forces ratio for the fiscal year covered 
by such report is greater than the baseline U.S.-allied forces 
ratio by more than one-tenth of one percentage point--
          (A) the President shall undertake appropriate 
        diplomatic initiatives to persuade the member nations 
        of NATO (other than the United States) to increase the 
        number of their active-duty forces in Europe so that 
        the U.S.-allied forces ratio no longer exceeds the 
        baseline U.S.-allied forces ratio; and
          (B) funds appropriated to or for the use of the 
        Department of Defense may not be obligated or expended 
        for the next fiscal year to support active-duty forces 
        in Europe of the Armed Forces of the United States at 
        an end-strength level that would cause the U.S.-allied 
        forces ratio in such fiscal year to exceed the baseline 
        U.S.-allied forces ratio by more than one-tenth of one 
        percentage point.
  (2) The President may waive the provisions of paragraph (1) 
if the President determines that such action is critical to the 
national security of the United States. The President shall 
immediately notify Congress of such a waiver and the reasons 
for such waiver.
  (3) Paragraph (1) shall not apply in the event of a 
declaration of war or an armed attack on any member nation of 
NATO or in the event that a comprehensive arms reduction 
agreement enters into force as a result of the negotiations on 
Conventional Armed Forces in Europe (CFE).
  (g) End-Strength Permanent Ceiling.--Nothing in this section 
shall be construed to permit the obligation or expenditure of 
funds to support an end-strength level of members of the Armed 
Forces of the United States assigned to permanent duty ashore 
in European member nations of NATO at any level in excess of 
the permanent ceiling specified in section 1002(c)(1) of the 
Department of Defense Authorization Act, 1985 (22 U.S.C. 1928 
note).

SEC. 913. CONTRIBUTIONS BY JAPAN TO GLOBAL SECURITY

  (a) Findings.--Congress finds--
          (1) that extraordinary political, economic, and 
        social changes have occurred in Japan since World War 
        II; and
          (2) that, as a result of such changes, Japan is 
        capable of assuming increased responsibility for its 
        own security.
  (b) Sense of Congress.--It is the sense of Congress that, in 
view of the changes referred to in subsection (a), Japan 
should--
          (1) assume increased responsibility for its own 
        security;
          (2) offset the direct costs incurred by the United 
        States in deploying military forces for the defense of 
        Japan, including costs (other than pay and allowances) 
        related to the presence of United States military 
        personnel in Japan; and
          (3) make a contribution to the common defense that is 
        more commensurate with its economic status by taking 
        the following actions:
                  (A) Increasing expenditures for its Official 
                Development Assistance program and its defense 
                programs so that, by 1992, the level of 
                spending by Japan on those programs (stated as 
                a percentage of gross national product) will 
                approximate the average of the levels of 
                spending by the member nations of the North 
                Atlantic Treaty Organization (NATO) on official 
                development assistance and defense programs 
                (stated as a percentage of their respective 
                gross national products).
                  (B) Devoting any increase in its spending for 
                such Official Development Assistance program 
                primarily to the Republic of the Philippines 
                and to countries in regions of importance to 
                global stability outside of East Asia, 
                particularly to countries in Latin America, the 
                Caribbean area, and the Mediterranean area.
                  (C) Devoting any increase in spending for 
                that program primarily to untied grants and 
                increasing the portion of total expenditures 
                made in that program for those multilateral 
                financial institutions of which Japan is a 
                member.
                  (D) Designating those nations that are to be 
                recipients of increased development assistance 
                referred to in subparagraphs (A) through (C) 
                after consultation with Japan's security 
                partners.
                  (E) Completing, after consultation with the 
                United States, the 5-year defense program of 
                Japan for fiscal years 1986 through 1990 and, 
                at the earliest possible date after the 
                completion of that program, fulfilling the 
                pledge made by the Prime Minister of Japan in 
                May 1981 to defend the territory, airspace, and 
                sea lanes of Japan to a distance of 1,000 
                nautical miles.
                  (F) Acquiring ``off-the-shelf'' military 
                equipment from the United States (including 
                completely equipped, long-range early warning 
                aircraft, additional AEGIS weapon systems, 
                refueling aircraft, munitions, and spare parts) 
                in developing the capabilities called for in 
                Japan's current and subsequent 5-year defense 
                programs.
  (c) Negotiations and Consultations.--At the earliest 
practicable date after the enactment of this Act, the President 
shall--
          (1) enter into negotiations with Japan for the 
        purpose of achieving an agreement under which Japan 
        agrees to make contributions sufficient in value to 
        meet the direct cost of deploying United States forces 
        for the defense of Japan; and
          (2) issue an invitation to the Government of Japan 
        and other governments of Pacific allies of the United 
        States to engage in annual multilateral consultations 
        on security concerns, consistent with the constitutions 
        and national defense requirements of the respective 
        countries.
  (d) Reports.--(1) In order that Congress may determine 
whether further action is appropriate, not later than April 1, 
1990, the President shall submit to the congressional 
committees described in paragraph (3) an initial report on the 
status and results of--
          (A) the negotiations with Japan referred to in 
        subsection (c)(1); and
          (B) the invitation required under subsection (c)(2), 
        including any consultations resulting from such 
        invitation.
  (2) Not later than one year after the date of the enactment 
of this Act, the President shall submit to such congressional 
committees a second report on the status and results of the 
matters referred to in paragraph (1).
  (3) The congressional committees referred to in this 
subsection are the congressional defense committees, the 
Committee on Foreign Relations of the Senate, and the Committee 
on Foreign Affairs\21\ of the House of Representatives.
---------------------------------------------------------------------------
    \21\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. 915. UNITED STATES-REPUBLIC OF KOREA SECURITY RELATIONSHIP AND 
                    OTHER SECURITY MATTERS IN EAST ASIA

  (a) Findings.--Congress makes the following findings:
          (1) Since the end of the Korean conflict, the 
        Republic of Korea has made tremendous progress in 
        rebuilding its economic and military strength.
          (2) Despite this progress, an indigenous military 
        balance has not yet been achieved on the Korean 
        peninsula, and the Democratic People's Republic of 
        Korea continues to pose a serious threat to the 
        security of the Republic of Korea.
          (3) The alliance between the United States and the 
        Republic of Korea has contributed greatly to the 
        security of both countries.
          (4) The Republic of Korea has dedicated a large share 
        of its national resources to its security, as shown by 
        the fact that defense expenditures comprise 
        approximately one-third of the national budget of the 
        Republic of Korea.
          (5) The United States has contributed a large amount 
        of national resources, including approximately 44,000 
        military personnel, to protecting the security 
        interests that it shares with the Republic of Korea.
          (6) The presence of United States military personnel 
        in the Republic of Korea contributes to the 
        preservation of peace on the Korean peninsula, serves 
        as a military deterrent, and is a tangible 
        manifestation of the commitment of the United States to 
        the defense of the Republic of Korea.
          (7) In accordance with its obligations under the 1954 
        Mutual Defense Treaty with the Republic of Korea, the 
        United States remains committed to the security and 
        territorial integrity of the Republic of Korea.
  (b) Sense of Congress on the United States-Republic of Korea 
Security Relationship.--(1) It is the sense of Congress that--
          (A) the United States should review the missions, 
        force structure, and locations of its military forces 
        in the Republic of Korea and East Asia;
          (B) the Republic of Korea should assume increased 
        responsibility for its own security;
          (C) the Republic of Korea should offset more of the 
        direct costs incurred by the United States in deploying 
        military forces for the defense of the Republic of 
        Korea; and
          (D) the United States and the Republic of Korea 
        should consult on the feasibility and desirability of 
        partial, gradual reductions of United States military 
        forces in the Republic of Korea.
  (2) In order that Congress may determine whether further 
action is appropriate, not later than April 1, 1990, the 
President shall submit to the congressional committees 
described in subsection (d) an initial report on the status and 
results of any consultations held by the United States and the 
Republic of Korea on the matter referred to in paragraph 
(1)(D).
  (3) Not later than one year after the date of the enactment 
of this Act, the President shall submit to such congressional 
committees a second report on the status and results of the 
consultations referred to in paragraph (1)(D).
  (c) Report on Military Presence in East Asia.--(1) Not later 
than April 1, 1990, the President shall submit to the 
congressional committees described in subsection (d) a report 
on the military presence of the United States in East Asia, 
including the Republic of Korea. The President shall include in 
such report a strategic plan relating to the continued United 
States military presence in East Asia.
  (2) The report required by this subsection shall specifically 
include the following:
          (A) An assessment of the implications of recent 
        developments in the Soviet Union and the People's 
        Republic of China for United States and allied security 
        planning in East Asia.
          (B) Identification of any changes in the missions, 
        force structure, and locations of United States forces 
        in East Asia that could strengthen the capabilities of 
        such forces and lower the costs of maintaining such 
        forces.
          (C) A discussion of ways in which increased defense 
        responsibilities and costs presently borne by the 
        United States can be transferred to the allies of the 
        United States in East Asia.
          (D) Identification of the additional actions that the 
        Republic of Korea can take to contribute more to its 
        own security.
          (E) A discussion of the feasibility of restructuring 
        United States military forces stationed in Okinawa with 
        the objective of improving civil-military relations and 
        increasing United States training opportunities.
          (F) A discussion of the status and prospects of 
        negotiations between the United States and the Republic 
        of the Philippines on the continued use of United 
        States military installations in the Republic of the 
        Philippines.
          (G) An assessment of whether a requirement still 
        exists for a regional security role for United States 
        forces stationed in the Republic of Korea.
  (3) The report required by this subsection shall also include 
a five-year plan with respect to the United States military 
presence in the Republic of Korea, including a discussion of 
the feasibility and desirability of the following:
          (A) Partial, gradual reductions in the number of 
        United States military personnel stationed in the 
        Republic of Korea.
          (B) Larger offsets by the Republic of Korea for the 
        direct costs incurred by the United States in deploying 
        military forces in defense of the Republic of Korea.
          (C) The relocation of United States military 
        personnel and facilities within the Republic of Korea 
        that can be made to reduce friction between such 
        personnel and the people of the Republic of Korea.
          (D) Changes in the United Nations and United States-
        Republic of Korea bilateral command arrangements that 
        would facilitate a transfer of certain military 
        missions and command to the Republic of Korea.
          (E) Confidence-building measures that could be 
        promoted in northeast Asia to lessen tensions in the 
        region.
          (F) Additional actions the Republic of Korea could 
        take to assume more responsibility for its own 
        security.
  (d) Congressional Committees To Receive Reports.--The 
congressional committees referred to in this section are the 
congressional defense committees, the Committee on Foreign 
Relations of the Senate, and the Committee on Foreign 
Affairs\22\ of the House of Representatives.
---------------------------------------------------------------------------
    \22\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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                     Part C--Expenditures in Europe

SEC. 921. LIMITATION ON EXPENDITURES FOR RELOCATION OF FUNCTIONS 
                    LOCATED AT TORREJON AIR BASE, MADRID, SPAIN

  (a) Limitation.--During the period beginning on June 27, 
1989, and ending on October 1, 1993, not more than $360,000,000 
may be obligated or expended from funds available to the 
Department of Defense for the purpose of relocating functions 
of the Department of Defense located at Torrejon Air Base, 
Madrid, Spain, on June 15, 1989, to any other location outside 
the United States.
  (b) Counting of NATO Infrastructure Contributions.--For 
purposes of subsection (a), contributions for the North 
Atlantic Treaty Organization Infrastructure program pursuant to 
section 2806 of title 10, United States Code, that are used 
(directly or indirectly) for the purpose of relocations 
described in subsection (a) shall be included in determining 
the amount expended on such relocations.
  (c) Counting of Repayments for NATO Infrastructure Family 
Housing Commitments.--(1) All amounts which the United States 
is obligated to pay under a housing reimbursement agreement 
described in paragraph (2) shall be deemed to be amounts 
obligated for purposes of subsection (a), regardless of when 
the agreement is entered into or when payments pursuant to the 
agreement are to be made.
  (2) A housing reimbursement agreement for purposes of 
paragraph (1) is an agreement calling for the United States to 
make a series of annual payments as repayment for advances for 
the cost of construction, through the NATO Infrastructure 
program, of military family housing in connection with the 
relocations described in subsection (a).
  (d) Exclusion for Personnel Expenses.--There shall be 
excluded from the determination of amounts expended on 
relocations described in subsection (a) amounts spent for 
expenses associated with permanent change of station moves and 
other personnel-related expenses.

SEC. 922. SENSE OF CONGRESS CONCERNING UNITED STATES MILITARY 
                    FACILITIES IN NATO MEMBER COUNTRIES

  (a) NATO Policy.--It is the sense of Congress that the North 
Atlantic Treaty Organization (NATO) should adopt as its policy 
the following views expressed by the North Atlantic Assembly in 
its 1987 report entitled ``NATO in the 1990s'':
          (1) The member nations of NATO should examine further 
        measures that could be taken to relieve the United 
        States from the burdens of its military presence in 
        Europe.
          (2) Such nations should consider the provision of 
        base facilities for allied forces and equipment as a 
        part of their national contributions to Western 
        security.
          (3) Such nations should not expect compensation for 
        providing facilities that the NATO alliance decides are 
        essential to implement NATO security strategy.
          (4) All wealthier member nations of NATO should 
        assist Portugal, Greece, and Turkey to ensure that NATO 
        remains politically, economically, and militarily 
        strong in its southern region as well as in its central 
        and northern regions.
  (b) United States Payment for Use of Base Facilities in NATO 
Countries.--It is further the sense of Congress that the United 
States should not provide economic or security assistance to 
any NATO member nation as compensation or rent for the use of 
base facilities in that nation.

                   Part D--Cooperative Agreements\23\

          * * * * * * *
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    \23\Secs. 931 through 933 of Part D added or redesignated secs. 
2350a-2350f to title 10, United States Code, and made conforming 
amendments to previous years' defense authorization legislation.
---------------------------------------------------------------------------

SEC. 934.\24\ TWO-YEAR EXTENSION OF AUTHORITY TO PROVIDE EXCESS DEFENSE 
                    ARTICLES FOR THE MODERNIZATION OF DEFENSE 
                    CAPABILITIES OF COUNTRIES ON NATO SOUTHERN AND 
                    SOUTHEASTERN FLANKS * * *

SEC. 935. AUTHORITY FOR EXCHANGE TRAINING THROUGH SPECIFIED 
                    PROFESSIONAL MILITARY EDUCATION INSTITUTION OUTSIDE 
                    THE UNITED STATES

  (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.
---------------------------------------------------------------------------
    \24\Sec. 934 amended sec. 516(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2321j(a)).
---------------------------------------------------------------------------
  (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).
          * * * * * * *

             TITLE X--MATTERS RELATING TO ARMS CONTROL\25\

          * * * * * * *
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    \25\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. F.
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   TITLE XII--MILITARY DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES

SEC. 1201. FUNDING FOR MILITARY DRUG INTERDICTION AND COUNTER-DRUG 
                    ACTIVITIES

  (a) In General.--(1) Of the amounts appropriated pursuant to 
this Act for the Department of Defense for fiscal year 1990, 
not more than $450,000,000 shall be available from the sources 
and in the amounts specified in paragraph (2) for carrying out 
the drug interdiction and counter-drug activities provided for 
in this title.
  (2) The amounts and sources referred to in paragraph (1) are 
as follows:
          (A) $182,000,000 of the amounts appropriated pursuant 
        to title I for fiscal year 1990.
          (B) $28,000,000 of the amounts appropriated pursuant 
        to title II for fiscal year 1990.
          (C) $235,000,000 of the amounts appropriated pursuant 
        to title III for fiscal year 1990.
          (D) $5,000,000 of the amounts appropriated pursuant 
        to division B for land acquisition and construction.
  (b) Operations of the Department of Defense.--Of the amount 
made available under subsection (a), $284,000,000 shall be 
available to carry out the mission of the Department of Defense 
relating to drug interdiction and counter-drug activities 
(other than purposes specified in subsections (c) through (g)).
  (c) National Guard.--Of the amount made available under 
subsection (a), $70,000,000 shall be available to provide funds 
under section 1207 for the purpose of drug interdiction by, and 
counter-drug activities of, the National Guard.
  (d) Integration of C3I Assets.--Of the amount made available 
under subsection (a), $27,000,000 shall be available to carry 
out the activities of the Department of Defense under section 
1204.
  (e) Research and Development.--Of the amount made available 
under subsection (a), $28,000,000 shall be available to carry 
out research and development activities referred to in section 
1205.
  (f) Civil Air Patrol.--Of the amount made available under 
subsection (a), $1,000,000 shall be available to support Civil 
Air Patrol activities under section 1209.
  (g) Other Assistance.--Of the amount made available under 
subsection (a), $40,000,000 shall be available to carry out the 
authority of the Secretary under section 1212 to provide 
additional counter-drug support to civilian agencies.

SEC. 1202.\26\ DEPARTMENT OF DEFENSE AS LEAD AGENCY FOR THE DETECTION 
                    AND MONITORING OF AERIAL AND MARITIME TRANSIT OF 
                    ILLEGAL DRUGS * * *

SEC. 1203. BUDGET PROPOSALS RELATING TO DRUG INTERDICTION AND COUNTER-
                    DRUG ACTIVITIES

  The budget of the United States Government submitted to 
Congress under section 1105 of title 31, United States Code, 
for fiscal years 1991 and 1992 shall set forth separately the 
amount requested for the mission of the Department of Defense 
related to drug interdiction and counter-drug activities in 
support of civilian agencies.
---------------------------------------------------------------------------
    \26\Sec. 1202 added sec. 124 to 10 U.S.C. Sec. 1202 also repealed 
sec. 1102 of the National Defense Authorization Act, Fiscal Year 1989 
(Public Law 100-456; 102 Stat. 2042).
---------------------------------------------------------------------------

SEC. 1204. COMMUNICATIONS NETWORK

  (a) Integration of Network.--(1) The Secretary of Defense 
shall integrate into an effective communications network the 
command, control, communications, and technical intelligence 
assets of the United States that are dedicated (in whole or in 
part) to the interdiction of illegal drugs into the United 
States.
  (2) The Secretary shall carry out this subsection in 
consultation with the Director of National Drug Control Policy.
  (b) Conforming Repeal.--Section 1103 of the National Defense 
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 
Stat. 2042), is repealed.

SEC. 1205. RESEARCH AND DEVELOPMENT

  The Secretary of Defense shall ensure that adequate research 
and development activities of the Department of Defense, 
including research and development activities of the Defense 
Advanced Research Projects Agency, are devoted to technologies 
designed to improve--
          (1) the ability of the Department to carry out the 
        detection and monitoring function of the Department 
        under section 124 of title 10, United States Code, as 
        added by section 1202; and
          (2) the ability to detect illicit drugs and other 
        dangerous and illegal substances that are concealed in 
        containers.

SEC. 1206. TRAINING EXERCISES IN DRUG-INTERDICTION AREAS

  (a) Exercises Required.--The Secretary of Defense shall 
direct that the armed forces, to the maximum extent 
practicable, shall conduct military training exercises 
(including training exercises conducted by the reserve 
components) in drug-interdiction areas.
  (b) Report.--(1) Not later than February 1 of 1991 and 1992, 
the Secretary shall submit to Congress a report on the 
implementation of subsection (a) during the preceding fiscal 
year.
  (2) The report shall include--
          (A) a description of the exercises conducted in drug-
        interdiction areas and the effectiveness of those 
        exercises in the national counter-drug effort; and
          (B) a description of those additional actions that 
        could be taken (and an assessment of the results of 
        those actions) if additional funds were made available 
        to the Department of Defense for additional military 
        training exercises in drug-interdiction areas for the 
        purpose of enhancing interdiction and deterrence of 
        drug smuggling.
  (c) Drug-Interdiction Areas Defined.--For purposes of this 
section, the term ``drug-interdiction areas'' includes land and 
sea areas in which, as determined by the Secretary, the 
smuggling of drugs into the United States occurs or is believed 
by the Secretary to have occurred.

SEC. 1207.\27\ DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES OF THE 
                    NATIONAL GUARD * * *
---------------------------------------------------------------------------

    \27\Sec. 1207 added a new 32 U.S.C. 112.
    \28\Sec. 1033(b) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2640) repealed sec. 
1208, which had authorized the transfer of excess Department of Defense 
personal property for other Federal and State agencies' counter-drug 
activities. See 10 U.S.C. 2576a.
---------------------------------------------------------------------------

SEC. 1208.\28\ * * * [REPEALED--1996]

SEC. 1209. CIVIL AIR PATROL

  To the extent funds are available under section 1201(f), the 
Secretary of Defense shall pay for expenses incurred by the 
Civil Air Patrol in conducting drug surveillance flights.

SEC. 1210.\29\ OPERATION OF EQUIPMENT USED TO TRANSPORT CIVILIAN LAW 
                    ENFORCEMENT PERSONNEL * * *

SEC. 1211.\30\ RESTRICTION ON DIRECT PARTICIPATION BY MILITARY 
                    PERSONNEL * * *

SEC. 1212. ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES

  At the request of the head of a Federal agency with counter-
drug responsibilities, the Secretary of Defense during fiscal 
year 1990 may provide support for the counter-drug activities 
of that agency as follows:
---------------------------------------------------------------------------
    \29\Sec. 1210 amended sec 374(b)(2)(E) of 10 U.S.C.
    \30\Sec. 1211 amended sec. 375 of 10 U.S.C.
---------------------------------------------------------------------------
          (1) Maintenance and repair of equipment that has been 
        made available by the Department of Defense under 
        chapter 18 of title 10, United States Code, in order to 
        preserve the potential future utility of such equipment 
        to the Department of Defense.
          (2) Transportation of personnel, supplies, and 
        equipment for purposes of facilitating a counter-drug 
        operation.
          (3) Establishment and operation of a base of 
        operations for purposes of facilitating a counter-drug 
        operation.
          (4) Loan of National Guard equipment, subject to such 
        minimum standards of care and maintenance and such 
        minimum training and proficiency requirements for 
        persons who are to use such equipment as the Secretary 
        considers appropriate.
          (5) Training of personnel.

SEC. 1213. REPORTS

  (a) By the President.--Not later than April 1, 1990, the 
President shall submit to Congress a report--
          (1) describing the progress made on implementation of 
        the plan required by section 1103 of the National 
        Defense Authorization Act, Fiscal Year 1989 (10 U.S.C. 
        374 note);
          (2) containing an analysis of the feasibility of 
        establishing a National Drug Operations Center for the 
        integration, coordination, and control of all drug 
        interdiction operations; and
          (3) describing how intelligence activities relating 
        to narcotics trafficking can be integrated, including--
                  (A) coordinating the collection and analysis 
                of intelligence information;
                  (B) ensuring the dissemination of relevant 
                intelligence information to officials with 
                responsibility for narcotics policy and to 
                agencies responsible for interdiction, 
                eradication, law enforcement, and other 
                counter-drug activities; and
                  (C) coordinating and controlling all 
                intelligence activities relating to counter-
                drug activities.
  (b) By the Secretary of Defense.--(1) Not later than February 
1, 1990, the Secretary of Defense shall submit a report to 
Congress--
          (A) on the specific drug-related research and 
        development projects to be funded, and the planned 
        allocation of funding for such projects, under section 
        1205;
          (B) on the feasibility of detailing officers in the 
        Judge Advocate General's Corps of the military 
        departments to the Department of Justice to assist in 
        the prosecution of drug cases in areas in which there 
        is a lack of sufficient prosecutorial resources;
          (C) on the feasibility of increasing the use of the 
        resources and personnel of the Special Operations 
        Command in drug interdiction and counter-drug 
        activities; and
          (D) on the desirability and feasibility of assigning 
        active-duty members of the Armed Forces, at the request 
        of the Secretary of the Treasury and with the approval 
        of the Secretary of Defense, to assist the United 
        States Customs Service in the inspection of cargo, 
        vehicles, vessels, and aircraft at points of entry into 
        the United States.
In preparing the report required by this paragraph, the 
Secretary shall consult with the Director of National Drug 
Control Policy and other appropriate heads of agencies.
  (2) Not later than April 1, 1990, the Secretary of Defense 
shall submit a report to Congress on--
          (A) the feasibility of establishing aerial and 
        maritime navigational corridors by which civilian 
        aircraft and vessels may travel through drug 
        interdiction areas, as defined in section 1206(c);
          (B) the feasibility of requiring the submission of 
        navigational plans for all civilian aircraft and 
        vessels that will travel in such areas; and
          (C) the funding considered necessary to implement a 
        plan to carry out the matters referred to in 
        subparagraphs (A) and (B).
In preparing the report required by this paragraph, the 
Secretary shall consult with the Secretary of Transportation 
and the Director of National Drug Control Policy.
  (3) Not later than February 1 of 1990 and 1991, the Secretary 
of Defense shall submit to Congress a report on the drug 
interdiction and counter-drug activities of the Department of 
Defense under chapter 18 of title 10,\31\ United States Code, 
and other applicable provisions of law during the preceding 
fiscal year. The report shall include--
---------------------------------------------------------------------------
    \31\Sec. 1484(h)(8) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1718), inserted ``of 
title 10'' here.
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          (A) specific information as to the size, scope, and 
        results of Department of Defense drug interdiction 
        operations;
          (B) specific information on the nature and terms of 
        interagency agreements with other agencies relating to 
        drug interdiction; and
          (C) any recommendations for additional legislation 
        that the Secretary determines would assist in 
        furthering the ability of the Department to perform its 
        mission under that chapter or to assist other agencies.

SEC. 1214. SENSE OF CONGRESS ON NATIONAL NARCOTICS BORDER INTERDICTION 
                    SYSTEM

  (a) Findings.--Congress finds the following:
          (1) The Anti-Drug Abuse Act of 1988 (Public Law 100-
        690) terminated the National Narcotics Border 
        Interdiction System (NNBIS).
          (2) The National Narcotics Border Interdiction System 
        provided valuable information and support to State and 
        local law enforcement agencies involved in drug 
        interdiction activities.
  (b) Sense of Congress.--In light of the findings specified in 
subsection (a), it is the sense of Congress that the 
cooperation that existed between State and local law 
enforcement officials and the Federal agencies participating in 
the National Narcotics Border Interdiction System should, to 
the extent possible, be continued and enhanced by the 
President.
          * * * * * * *

                     TITLE XVI--GENERAL PROVISIONS

                  Part A--Financial and Budget Matters

          * * * * * * *

SEC. 1606. THREE-MONTH\32\ DELAY IN ANY CHANGE IN POLICY RESPECTING 
                    REIMBURSEMENT OF DEPARTMENT OF DEFENSE FUNDS FOR 
                    SALARIES OF MEMBERS OF THE ARMED FORCES ASSIGNED TO 
                    DUTY IN CONNECTION WITH FOREIGN MILITARY SALES 
                    PROGRAMS

  (a) Three-Month\32\ Delay.--Charges for administrative 
services calculated under section 21(e) of the Arms Export 
Control Act (22 U.S.C. 2761(e))\33\ in connection with the sale 
of defense articles or defense services may not exclude 
recovery of administrative expenses incurred by the Department 
of Defense before January 1, 1990,\32\ that are attributable to 
salaries of members of the Armed Forces if the recovery of such 
administrative expenses would have been allowed under the law 
in effect on September 30, 1989. Reimbursement of Department of 
Defense military personnel appropriation accounts for the value 
of services provided during the first quarter of fiscal year 
1990\32\ in connection with the sale of defense articles or 
defense services may not be denied or limited except to the 
extent permitted under the law in effect on September 30, 1989.
---------------------------------------------------------------------------
    \32\Sec. 9104(d) of the Department of Defense Appropriations Act, 
1990 (Public Law 101-165; 103 Stat. 1152), amended this section by 1) 
striking out ``one-year'' and inserting in lieu thereof ``three-
month''; 2) striking out ``October 1, 1990'' and inserting in lieu 
thereof ``January 1, 1990''; and 3) striking out ``fiscal year 1990'' 
and inserting in lieu thereof ``the first quarter of fiscal year 
1990''.
    \33\For text, see Legislation on Foreign Relations Through 1997, 
vol. I-A.
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  (b) Statutory Construction.--A provision of law enacted after 
the date of the enactment of this Act may not be construed as 
modifying or superseding this section unless that provision 
specifically refers to this section and specifically states 
that such provision of law modifies or supersedes this section.
          * * * * * * *

   Part C--Technical Corrections and General Technical and Clerical 
                               Amendments

          * * * * * * *

SEC. 1624. REPORT ON RECURRING PROVISIONS OF DEFENSE APPROPRIATIONS ACT

  (a) Report.--Not later than April 1, 1990, the Secretary of 
Defense shall submit to the defense committees of Congress a 
report on recurring provisions of law enacted in the General 
Provisions title of the Department of Defense Appropriations 
Act, 1990.
  (b) Matters To Be Included.--With respect to each provision 
covered by the report, the report shall indicate the following:
          (1) When the provision (or a substantially similar 
        provision) was first included in an annual Department 
        of Defense Appropriations Act.
          (2) The original policy reason (as nearly as the 
        Secretary can determine) for the inclusion of such a 
        provision.
          (3) The Secretary's assessment as to whether that 
        reason still pertains and whether there are additional 
        policy reasons for the continuing inclusion of the 
        provision in annual Acts making appropriations for the 
        Department of Defense.
          (4) The Secretary's recommendation as to whether the 
        policy of that provision should continue to be provided 
        by law and, if the recommendation is that the policy 
        should not continue to be provided by law, a detailed 
        statement of the reasons for such recommendation.
          (5) In the case of each provision which the Secretary 
        recommends under paragraph (4) should continue to be 
        provided by law, the recommendation of the Secretary as 
        to whether such provision should continue to be 
        included in annual Acts making appropriations for the 
        Department of Defense or whether it would be desirable 
        for Congress to enact such provision as permanent law 
        and, if the recommendation is that the policy should 
        not be enacted as permanent law, a detailed statement 
        of the reasons for such recommendation.
  (c) Draft of Proposed Legislation.--The report shall include 
a draft of proposed legislation for the codification into title 
10, United States Code, or other appropriate statutes of those 
provisions covered by the report which the Secretary recommends 
(under subsection (b)(5)) would be desirable for Congress to 
enact as permanent law.
  (d) Update of Earlier Report.--The report shall be an update 
of the report submitted by the General Counsel of the 
Department of Defense pursuant to section 1267 of the 
Department of Defense Authorization Act, 1984 (Public Law 98-
94; 97 Stat. 705).
  (e) Definitions.--For purposes of this section:
          (1) The term ``defense committees of Congress'' means 
        the Committees on Armed Services and the Committees on 
        Appropriations of the Senate and House of 
        Representatives.\34\
---------------------------------------------------------------------------
    \34\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.
---------------------------------------------------------------------------
          (2) The term ``recurring provision'' means a 
        provision of an appropriations Act which (1) is not 
        permanent law, and (2) has been enacted in 
        substantially the same form in previous Acts making 
        appropriations for the same purpose.

                         Part D--Miscellaneous

SEC. 1631. STUDY OF PROTECTION OF UNITED STATES CIVIL AVIATION FROM 
                    TERRORIST ACTIVITIES OVERSEAS

  (a) Study.--The Secretary of Defense shall conduct a study on 
the feasibility and desirability of the United States, at the 
request of a foreign government, deploying military personnel 
or providing military equipment in areas under the jurisdiction 
of that government to assist that government in the protection 
of United States civil aviation interests from terrorist 
activity. The study should also undertake to determine what 
programs of the Department of Defense (1) have application to 
enhancing civil aviation security, and (2) could be quickly 
adopted by the Federal Aviation Administration for that 
purpose.
  (b) Research and Development Matters To Be Studied.--The 
study shall include a review of United States Government 
programs concerning research and development in areas relating 
to explosives detection, terrorist identification, and anti-
terrorist operations.
  (c) Interagency Coordination.--The study shall be conducted 
in consultation with the Secretary of State and the 
Administrator of the Federal Aviation Administration.
  (d) Submission of Report.--The Secretary shall submit to 
Congress a report on the study (including the Secretary's 
findings, conclusions, and recommendations) within six months 
after the date of enactment of this Act.
          * * * * * * *

SEC. 1638. CONGRESSIONAL FINDINGS AND SENSE OF CONGRESS CONCERNING 
                    KIDNAPPING AND MURDER OF LIEUTENANT COLONEL HIGGINS

  (a) Findings.--Congress makes the following findings:
          (1) The radical, Lebanese-based terrorist 
        organization which calls itself the ``Organization of 
        the Oppressed of the Earth'' announced on July 31, 
        1989, that it had executed Lieutenant Colonel William 
        R. Higgins, a United States Marine assigned for service 
        with the United Nations in the U.N. Truce Supervision 
        Organization (UNTSO), who was kidnapped in southern 
        Lebanon on February 17, 1988.
          (2) That organization claimed to have executed 
        Lieutenant Colonel Higgins in response to the capture 
        on July 28, 1989, by Israeli commandos of a radical 
        Muslim Shiite leader, Sheik Abdul Karim Obeid, believed 
        to be associated with that organization.
          (3) That organization released to certain news 
        agencies a videotape showing Lieutenant Colonel Higgins 
        killed by hanging, though many forensic experts believe 
        the videotape indicates that the person shown did not 
        die from hanging.
          (4) The kidnapping of Lieutenant Colonel Higgins, who 
        was engaged only in carrying out the legitimate United 
        Nations peacekeeping activities to which he had been 
        assigned, was wholly unjustified.
          (5) It is absolutely clear that the kidnapping and 
        the murder of Lieutenant Colonel Higgins were 
        outrageous acts of terrorism that deserve the 
        condemnation of all civilized people.
          (6) There is strong evidence that the Government of 
        Iran has supported the organization responsible for 
        Lieutenant Colonel Higgins' kidnapping and murder, as 
        well as other terrorist and extremist forces inside 
        Lebanon and throughout the Middle East.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) Congress is outraged by the kidnapping and murder 
        of Lieutenant Colonel Higgins and condemns those 
        actions as barbaric, cowardly, and utterly incompatible 
        with the standards of conduct upheld by civilized 
        people;
          (2) the President should use all available resources 
        of the United States Government, including diplomatic 
        and intelligence channels, to determine the identity of 
        those persons responsible for the kidnapping and murder 
        and the details regarding those terrorist acts;
          (3) the President should determine whether it would 
        be possible to identify and bring to justice, or to 
        retaliate against, those persons responsible for the 
        kidnapping and murder in a manner consistent with 
        United States and international legal requirements that 
        would reduce the risk to Americans from terrorism;
          (4) the President should take strong and decisive 
        action, possibly including the use of military force, 
        to prevent or respond to acts of international 
        terrorism. Such actions should be taken in concert with 
        other nations where practicable, but the President 
        should be prepared to act unilaterally, if necessary;
          (5) the United States should make clear to the new 
        leadership in Iran (A) that the United States will not 
        tolerate a continuation of past policies of support of 
        groups which undertake terrorist actions against 
        American citizens or direct assaults on American vital 
        interests in the Middle East or elsewhere, and (B) that 
        if such support should continue, the United States will 
        hold the authorities in Iran accountable for that 
        support and act accordingly;
          (6) the Secretary General of the United Nations 
        should take all necessary steps to help ensure that the 
        body of Lieutenant Colonel Higgins is returned to his 
        country and family and that those responsible for his 
        kidnapping and murder are immediately brought to 
        justice;
          (7) the President should engage in urgent and 
        continuing diplomatic contacts with all other 
        governments concerning their policies and actions which 
        might have relevance to the interests of the United 
        States Government or increase the vulnerability of the 
        United States citizens to attacks by terrorists; and
          (8) the President should continue to consult with 
        other nations to ensure international cooperation and 
        coordination to end terrorist attacks.

SEC. 1639. REPORTS ON CONTROLS ON TRANSFER OF MISSILE TECHNOLOGY AND 
                    CERTAIN WEAPONS TO OTHER NATIONS

  (a) * * *
  (b) Report on Manpower Required To Implement Export Controls 
on Certain Weapons Transfers.--(1) Not later than February 1, 
1990, the Secretary of Defense shall submit to Congress a 
report relating to Department of Defense manpower required to 
implement export controls on certain weapons transfers. In the 
report, the Secretary shall--
          (A) identify the role of the Department of Defense in 
        implementing export controls on nuclear, chemical, and 
        biological weapons;
          (B) describe the number and skills of personnel 
        currently available in the Department of Defense to 
        perform such role; and
          (C) assess the adequacy of the level of personnel 
        resources described in subparagraph (B) for the 
        effective performance of such role.
  (2) The report required by paragraph (1) shall identify the 
total number of current Department of Defense full-time 
employees or military personnel, and the grades of such 
personnel and the special knowledge, experience, and expertise 
of such personnel, required to carry out each of the following 
activities of the Department in implementing export controls on 
nuclear, chemical, and biological weapons:
          (A) Review of private-sector export license 
        applications and government-to-government cooperative 
        activities.
          (B) Intelligence analysis and activities.
          (C) Policy coordination.
          (D) International liaison activity.
          (E) Technology security operations.
          (F) Technical review.
  (3) The report shall include the Secretary's assessment of 
the adequacy of staffing in each of the categories specified in 
subparagraphs (A) through (F) of paragraph (2) and shall make 
recommendations concerning measures, including legislation if 
necessary, to eliminate any identified staffing deficiencies 
and to improve interagency coordination with respect to 
implementing export controls on nuclear, chemical, and 
biological weapons.
  (c) Report on Missile Technology Control Regime 
Enforcement.--(1) The Secretary of Defense shall include in the 
report under subsection (b) information concerning the Missile 
Technology Control Regime (MTCR). In the report, the Secretary 
shall review the existing regulations covering the issues 
addressed by the MTCR and shall assess whether those 
regulations--
          (A) appropriately cover each item listed in the MTCR 
        annex; and
          (B) sufficiently stress consideration of ultimate end 
        use of an item as a factor in issuance of export 
        licenses with respect to that item.
  (2) In the report, the Secretary shall also assess whether, 
in the case of a request for an export license involving a 
country that is considered to be a suspect country for purposes 
of the regime, or involving a commodity that is considered to 
be a suspect commodity for purposes of the regime, sufficient 
information on that request is brought to the attention of the 
Department of Defense before such a license is issued and, if 
not, what measures could be taken to improve Department of 
Defense oversight of the issuance of export licenses in such 
cases.
  (3) In the report, the Secretary may also address whatever 
other initiatives for the enforcement of the regime the 
Secretary considers would help strengthen the regime.

SEC. 1640. REVIEWS AND REPORTS ON DECONTROL OF CERTAIN PERSONAL 
                    COMPUTERS

  (a) Reviews.--The Secretary of Defense and the Secretary of 
Commerce shall each conduct an independent review on the 
foreign availability of the personal computers known as AT-
compatible microcomputers. Each Secretary, in conducting his 
review, shall, at a minimum, determine the availability of such 
microcomputers from sources other than member nations of the 
Coordinating Committee for Multilateral Export Controls or 
other nations that control the export of such computers. The 
Secretary of Defense, in conducting his review, also shall 
assess the military significance of such microcomputers for the 
Soviet Union and its Warsaw Pact allies.
  (b) Reports.--The Secretary of Defense and the Secretary of 
Commerce shall each submit to the Committee on Banking, 
Housing, and Urban Affairs of the Senate, the Committee on 
Foreign Affairs of the House of Representatives, and the 
Committees on Armed Services of the Senate and House of 
Representatives\35\ a report containing the results of the 
respective reviews required by subsection (a).
---------------------------------------------------------------------------
    \35\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. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------
  (c) Deadline for Reports.--The reports required by subsection 
(b) shall be submitted not later than January 1, 1990.
          * * * * * * *
           o. Department of Defense Appropriations Act, 1991

    Partial text of Public Law 101-511 [H.R. 5803], 104 Stat. 1856, 
approved November 5, 1990; amended by Public Law 102-172 [Department of 
Defense Appropriations Act, 1992; H.R. 2521], 105 Stat. 1150, approved 
    November 26, 1991; and by Public Law 102-190 [National Defense 
  Authorization for Fiscal Years 1992 and 1993; H.R. 2100], 105 Stat. 
                    1290, approved December 5, 1991

  AN ACT Making appropriations for the Department of Defense 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 the fiscal year ending 
September 30, 1991, for military functions administered by the 
Department of Defense, and for other purposes, namely:
          * * * * * * *

                               TITLE VIII

                           GENERAL PROVISIONS

          * * * * * * *

                     (including transfer of funds)

  Sec. 8104.\1\ SECTION 1. This section establishes the 
National Commission on Defense and National Security.
---------------------------------------------------------------------------
    \1\50 U.S.C. 401 note.
---------------------------------------------------------------------------

SEC. 2. FINDINGS.

  The Congress makes the following findings:
          (1) Recent revolutionary world events require a 
        fundamental reassessment of the defense and national 
        security policies of the United States.
          (2) Emerging democracies around the world will 
        require political, technical, and economic assistance, 
        as well as military assistance, from the developed free 
        nations in order to thrive and to become productive 
        members of the world community.
          (3) Real and potential military threats to the United 
        States and its allies will continue to exist for the 
        foreseeable future from not just the Soviet Union but 
        also from terrorism and from Third World nations.
          (4) Proliferation of both sophisticated conventional 
        weapons and of nuclear weapons could produce a world 
        more dangerous than we have faced in the past.
          (5) Ethnic rivalries as well as economic inequalities 
        may produce instabilities that could spark serious 
        conflict.
          (6) In order to formulate coherent national policies 
        to meet these challenges of a new world environment, it 
        is essential for the United States to achieve a 
        bipartisan consensus such as that which emerged 
        following World War II.
          (7) Such a consensus can be fostered by the 
        development of policy recommendations from a highly 
        respected group of individuals who do not bear a 
        partisan label and who possess critical expertise and 
        experience.

SEC. 3. ESTABLISHMENT.

  There is established a commission to be known as National 
Commission on Defense and National Security (hereinafter in 
this Act referred to as the ``Commission''). The Commission is 
established until 30 days following submission of the final 
report required by section 6 of this section.\2\
---------------------------------------------------------------------------
    \2\The second sentence was added by sec. 8078(1) of Public Law 102-
172 (105 Stat. 1190).
---------------------------------------------------------------------------

SEC. 4. DUTIES OF COMMISSION.

  (a) In General.--The Commission shall analyze and make 
recommendations to the President and Congress concerning the 
national security and national defense policies of the United 
States.
  (b) Matters To Be Analyzed.--Matters to be analyzed by the 
Commission shall include the following:
          (1) The world-wide interests, goals, and objectives 
        of the United States that are vital to the national 
        security of the United States.
          (2) The political, economic, and military 
        developments around the world and the implications of 
        those developments for United States national security 
        interests, including--
                  (A) the developments in Eastern Europe and 
                the Soviet Union;
                  (B) the question of German unification;
                  (C) the future of NATO and European economic 
                integration;
                  (D) the future of the Pacific Basin; and
                  (E) potential instability resulting from 
                regional conflicts or economic problems in the 
                developing world.
          (3) The foreign policy, world-wide commitments, and 
        national defense capabilities of the United States 
        necessary to deter aggression and implement the 
        national security strategy of the United States, 
        including the contribution that can be made by 
        bilateral and multilateral political and economic 
        associations in promoting interests that the United 
        States shares with other members of the world 
        community.
          (4) The proposed short-term uses of the political, 
        economic, military, and other elements of national 
        power for the United States to protect or promote the 
        interests and to achieve the goals and objectives 
        referred to in paragraph (1).
          (5) Long-term options that should be considered 
        further for a number of potential courses of world 
        events over the remainder of the century and into the 
        next century.

SEC. 5. MEMBERSHIP.

  (a) Number and Appointment.--The Commission shall be composed 
of 10 members, as follows:
          (1) Three appointed by the President.
          (2) Three appointed by the Speaker of the House of 
        Representatives.
          (3) One appointed by the minority leader of the House 
        of Representatives.
          (4) Two appointed by the majority leader of the 
        Senate.
          (5) One appointed by the minority leader of the 
        Senate.
  (b) Qualifications.--Persons appointed to the Commission 
shall be persons who are not officers or employees of the 
Federal Government (including Members of Congress) and who are 
specially qualified to serve on the Commission by virtue of 
their education, training, or experience.
  (c) Terms.--Members shall be appointed for the life of the 
Commission. A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made.
  (d) Basic Pay.--Members of the Commission shall serve without 
pay.
  (e) Quorum.--A majority of the members of the Commission 
shall constitute a quorum, but a lesser number may hold 
hearings.
  (f) Chairman and Vice Chairman.--The Chairman of the 
Commission shall be designated by the President from among the 
members appointed by the President. The Vice Chairman of the 
Commission shall be designated by the Speaker of the House of 
Representatives from among the members appointed by the 
Speaker.
  (g) Meetings.--The Commission shall meet at the call of the 
Chairman or a majority of its members.
  (h) Deadline for Appointments.--Members of the Commission 
shall be appointed not later than the end of the 30-day period 
beginning on the date of the enactment of this Act.

SEC. 6. REPORTS.

  (a) Initial Report.--The Commission shall transmit to the 
President and to Congress an initial report not later than six 
months after the date on which the Commission is first 
constituted with a quorum.
  (b)\3\ Final Report.--The Commission shall transmit to the 
President and to Congress a final report one year following\4\ 
submission of the initial report under subsection (a).
---------------------------------------------------------------------------
    \3\Sec. 8078(2)(i)(A) of Public Law 102-172 (105 Stat. 1190) struck 
out ``Subsequent Annual Reports'' and inserted in lieu thereof ``Final 
Report''.
    \4\Sec. 8078(2)(i)(B) of Public Law 102-172 (105 Stat. 1190) struck 
out ``an annual report for each of the first five years following the'' 
and inserted in lieu thereof ``a final report one year following''. 
Sec. 8078(2)(C) struck out a second sentence in subsec. (b), which had 
read: ``Each such report shall update the previous report under this 
section.''
---------------------------------------------------------------------------
  (c) Contents of Reports.--The report under subsection (b)\5\ 
shall contain a detailed statement of the findings and 
conclusions of the Commission concerning the matters to be 
studied by the Commission under section 4, together with its 
recommendations for such legislation and administrative actions 
as it considers appropriate. Such\5\ report shall include a 
comprehensive description and discussion of the matters set 
forth in section 4.
---------------------------------------------------------------------------
    \5\Sec. 8078(2)(ii)(A) of Public Law 102-172 (105 Stat. 1190) 
struck out ``Each report under this section'' and inserted in lieu 
thereof ``The report under subsection (b)'' in the first sentence. Sec. 
8078(2)(ii)(B) struck out ``Each such'' and inserted in lieu thereof 
``such'' in the second sentence.
---------------------------------------------------------------------------
  (d) Reports To Be Unclassified.--Each such report shall be 
submitted in unclassified form.
  (e) Additional and Minority Views.--Each report may include 
such additional and minority views as individual members of the 
Commission may request be included.

SEC. 7. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

  (a) Director.--The Commission shall, without regard to 
section 5311(b) of title 5, United States Code, have a Director 
who shall be appointed by the Chairman and who shall be paid at 
a rate not to exceed the maximum rate of basic pay payable for 
GS-18 of the General Schedule.
  (b) Staff.--The Chairman may appoint and fix the pay of such 
additional personnel as the Chairman considers appropriate.
  (c) Applicability of Certain Civil Service Laws.--The 
Director and staff of the Commission may be appointed without 
regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service, and may be 
paid without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, except that no 
individual so appointed may receive pay in excess of the annual 
rate of basic pay payable for GS-18 of the General Schedule.
  (d) Experts and Consultants.--Subject to such rules as may be 
prescribed by the Commission, the Chairman may procure 
temporary and intermittent services under 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 payable for GS-18 of the General Schedule.
  (e) Staff of Federal Agencies.--Upon request of the 
Commission, the head of any Federal agency may detail, on a 
reimbursable basis, any of the personnel of such agency to the 
Commission to assist the Commission in carrying out its duties 
under this Act.

SEC. 8. POWERS OF COMMISSION.

  (a) Hearings and Sessions.--The Commission may, for the 
purpose of carrying out this Act, hold such hearings, sit and 
act at such times and places, take such testimony, and receive 
such evidence, as the Commission considers appropriate.
  (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if so authorized by the Commission, take any 
action which the Commission is authorized to take by this 
section.
  (c)\6\ Obtaining Official Data.--The Chairman or a designee 
on behalf of the Commission may request information necessary 
to enable the Commission to carry out this Act directly from 
any department or agency of the United States.
---------------------------------------------------------------------------
    \6\Sec. 8078(3) of Public Law 102-172 (105 Stat. 1190) amended and 
restated subsec. (c).
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  (d) Gifts.--The Commission may accept, use, and dispose of 
gifts or donations of services or property.
  (e) Mails.--The Commission may use the United States mails in 
the same manner and under the same conditions as other 
departments and agencies of the United States.
  (f) Administrative Support Services.--The Administrator of 
General Services shall provide to the Commission on a 
reimbursable basis such administrative support services as the 
Commission may request.

SEC. 9. INITIAL FUNDING OF COMMISSION.

  If funds are not otherwise available for the necessary 
expenses of the Commission for fiscal year 1991, the Secretary 
of Defense shall make available to the Commission, from funds 
available to the Secretary for the fiscal year concerned, such 
funds as the Commission requires. When funds are specifically 
appropriated for the expenses of the Commission, the Commission 
shall reimburse the Secretary from such funds for any funds 
provided to it under the preceding sentence.
  Sec. 8105.\7\ Contributions by Japan to the Support of United 
States Forces in Japan.--
---------------------------------------------------------------------------
    \7\10 U.S.C. 113 note. See also sec. 1455 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 
1695).
---------------------------------------------------------------------------
  (a) Permanent Ceiling on United States Armed Forces in 
Japan.--After September 30, 1990, funds appropriated pursuant 
to an appropriation contained in this Act or any subsequent Act 
may not be used to support an end strength level of all 
personnel of the Armed Forces of the United States stationed in 
Japan at any level in excess of 50,000.
  (b) Annual Reduction in Ceiling Unless Support Furnished.--
Unless the President certifies to Congress before the end of 
each fiscal year that Japan has agreed to offset for that 
fiscal year the direct costs incurred by the United States 
related to the presence of all United States military personnel 
in Japan, excluding the military personnel title costs, the end 
strength level for that fiscal year of all personnel of the 
Armed Forces of the United States stationed in Japan may not 
exceed the number that is 5,000 less than such end strength 
level for the preceding fiscal year.
  (c) Sense of Congress.--It is the sense of Congress that all 
those countries that share the benefits of international 
security and stability should share in the responsibility for 
that stability and security commensurate with their national 
capabilities. The Congress also recognizes that Japan has made 
a substantial pledge of financial support to the effort to 
support the United Nations Security Council resolutions on 
Iraq. The Congress also recognizes that Japan has a greater 
economic capability to contribute to international security and 
stability than any other member of the international community 
and wishes to encourage Japan to contribute commensurate with 
that capability.
  (d) Exceptions.--(1) This section shall not apply in the 
event of a declaration of war or an armed attack on Japan.
  (2) The President may waive the limitation in this section 
for any fiscal year if he declares that it is in the national 
interest to do so and immediately\8\ informs Congress of the 
waiver and the reasons for the waiver.\9\
---------------------------------------------------------------------------
    \8\Sec. 1063(b) of Public Law 102-190 (105 Stat. 1476) corrected 
the spelling of ``immediately''.
    \9\In a memorandum of May 14, 1991, for the Secretary of Defense, 
the President stated: ``Consistent with section 8105(d)(2) of the 
Department of Defense Appropriation Act, 1991 (Public Law 101-511; 104 
Stat. 1856), I hereby waive the limitation in section 8105(b) which 
states that the end strength level for each fiscal year of all 
personnel of the Armed Forces of the United States stationed in Japan 
may not exceed the number that is 5,000 less than such end strength 
level for the preceding fiscal year, and declare that it is in the 
national interest to do so.'' (56 F.R. 23991; May 28, 1991).
---------------------------------------------------------------------------
  (e) Effective Date.--This section shall take effect on the 
date of enactment of this Act.
          * * * * * * *
  This Act may be cited as the ``Department of Defense 
Appropriations Act, 1991''.
        p. National Defense Authorization Act, Fiscal Year 1989

    Partial text of Public Law 100-456 [H.R. 4481], 102 Stat. 1918, 
     approved September 29, 1988; as amended by Public Law 100-463 
   [Department of Defense Appropriations Act, Fiscal Year 1989; H.R. 
  4781], 102 Stat. 2270, approved October 1, 1988; Public Law 100-526 
[Defense Authorization Amendments and Base Closure and Realignment Act, 
S. 2749], 102 Stat. 2623, approved October 24, 1988; 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 102-
  484 [National Defense Authorization Act for Fiscal Year 1993; H.R. 
 5006], 106 Stat. 2315, approved October 23, 1992; Public Law 103-199 
  [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 17, 
1993; and by Public Law 105-85 [National Defense Authorization Act for 
  Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, approved November 18, 
                                  1997

 AN ACT To authorize appropriations for fiscal year 1989 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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

    This Act may be cited as the ``National Defense 
Authorization Act, Fiscal Year 1989''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS

    This Act is organized into two divisions as follows:
          (1) Division A--Department of Defense and other 
        National Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          * * * * * * *

SEC. 4. STATUTORY CONSTRUCTION

    (a) Order of Enactment With Appropriations Act.--In 
applying any rule of statutory construction, the provisions of 
this Act shall be deemed to have been enacted before the 
provisions of the Department of Defense Appropriations Act, 
1989, (regardless of the actual dates of enactment 
concerned).\1\
---------------------------------------------------------------------------
    \1\The Department of Defense Appropriations Act, 1989, was enacted 
October 1, 1989.
---------------------------------------------------------------------------
    (b) Termination of Referenced Authorization Provision.--If 
this Act is enacted after the Department of Defense 
Appropriations Act, 1989--
          (1) section 10001 of that Act shall cease to be 
        effective upon the enactment of this Act; and
          (2) subject to subsection (a), this Act shall be 
        deemed for all purposes to have been enacted on the 
        date of the enactment of such Act.

     DIVISION A--DEPARTMENT OF DEFENSE AND OTHER NATIONAL DEFENSE 
                             AUTHORIZATIONS

                          TITLE I--PROCUREMENT

                     Part A--Funding Authorizations

          * * * * * * *

SEC. 105. CHEMICAL DEMILITARIZATION PROGRAM

    Funds are hereby authorized to be appropriated for fiscal 
year 1989 for the chemical demilitarization program under 
section 1412 of the Department of Defense Authorization Act, 
1986 (50 U.S.C. 1521) in the amount of $179,500,000, of which--
          (1) $44,300,000 is for procurement;
          (2) $17,900,000 is for research, development, test, 
        and evaluation; and
          (3) $117,300,000 is for operation and maintenance.
          * * * * * * *

      Part B--Program Requirements, Restrictions, and Limitations

          * * * * * * *

SEC. 116. BIGEYE BINARY CHEMICAL BOMB

    (a) Authorized Procurement for Testing.--(1) Except as 
provided in paragraph (2), funds appropriated or otherwise made 
available to the Department of Defense for fiscal years before 
fiscal year 1989 for procurement under the BIGEYE binary 
chemical bomb program may be obligated or expended in 
connection with such program only for procurement of 
production-configured bombs. Any bombs procured under the 
preceding sentence may be used only in conducting required 
follow-on operational testing scheduled to be performed during 
fiscal years 1989 and 1990.
    (2) Any such funds not obligated for the purpose described 
in paragraph (1) may be used for the purpose of maintaining 
program continuity for the BIGEYE bomb program.
    (3) None of the funds referred to in paragraphs (1) and (2) 
may be used for low-rate initial production.
    (b) Conditions for Obligation of Funds for Procurement.--
Except as provided in subsection (f), funds appropriated or 
otherwise made available to the Department of Defense after the 
date of the enactment of this Act may not be obligated or 
expended for procurement of the BIGEYE binary chemical bomb, or 
for any component of such bomb or the assembly of such bomb, 
until the reports required by subsections (c) and (d) have been 
submitted in accordance with those subsections and only then if 
neither of those reports includes a certification that one or 
more of the production certification conditions has not been 
met.
    (c) Certification by Director, OT&E.--Upon the completion 
of operational and developmental tests conducted in connection 
with the BIGEYE binary chemical bomb program, the Director of 
Operational Test and Evaluation of the Department of Defense 
shall submit to Congress a report certifying, with respect to 
each of the production certification conditions, whether or 
not, in the judgment of the Director, such condition has been 
met.
    (d) Certification by Comptroller General.--Upon the 
submission of the report under subsection (c), the Comptroller 
General of the United States shall submit to Congress a report 
certifying, with respect to each of the production 
certification conditions, whether or not, in the judgment of 
the Comptroller General, such condition has been met.
    (e) Production Certification Conditions.--For purposes of 
this section, the term ``production certification conditions'' 
means, with respect to the operational and developmental tests 
of the BIGEYE bomb, each of the following:
          (1) That the operational and developmental tests 
        conducted in connection with such program after the 
        date of the enactment of this Act were realistic and 
        adequate.
          (2) That the plan and objectives for those tests were 
        clear, well defined, and properly quantifiable.
          (3) That the design of those tests supports a valid 
        statistical analysis of data.
          (4) That the criteria for a no-test were adequately 
        defined in the plan for those tests.
          (5) That the performance of such bomb in those tests 
        met or exceeded the standards established for the 
        tests.
          (6) That the BIGEYE bomb program is otherwise ready 
        to proceed into full-scale production.
    (f) Fiscal Year 1989 Authorized Activities.--Of amounts 
appropriated or otherwise made available to the Department of 
Defense for fiscal year 1989, $15,000,000 may be obligated or 
expended for procurement for the BIGEYE program without regard 
to the limitations contained elsewhere in this section, but 
only for the purposes of maintaining program continuity, 
maintaining the subcontractor base, and procuring piece parts 
and components. Such funds may not be obligated or expended for 
low-rate initial production or for final assembly.
          * * * * * * *

SEC. 118.\2\ MODIFICATIONS IN CHEMICAL DEMILITARIZATION PROGRAM * * *
---------------------------------------------------------------------------

    \2\Sec. 118 amended sec. 1412 of the Department of Defense 
Authorization Act, 1986 (Public Law 99-145; 99 Stat. 583).
---------------------------------------------------------------------------
          * * * * * * *

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

        Part A--Authorizations and Funding for Specific Programs

          * * * * * * *

SEC. 208. CHEMICAL WEAPONS CONVENTION COMPLIANCE MONITORING PROGRAM

    Of the amounts appropriated pursuant to section 201, 
$6,800,000 shall be available only to conduct a program to 
develop and demonstrate compliance monitoring capabilities in 
support of the Convention on the Prohibition of Chemical 
Weapons proposed by the United States in the Conference on 
Disarmament.
          * * * * * * *

      Part B--Program Requirements, Restrictions, and Limitations

          * * * * * * *

SEC. 216. PROHIBITION ON OBLIGATION OF FUNDS FOR CANCELLED 
                    ANTISATELLITE WEAPON PROGRAM

    (a) Prohibition.--Residual fiscal year 1988 ASAT funds may 
not be obligated for the ASAT program.
    (b) Residual Fiscal Year 1988 ASAT Funds Defined.--For 
purposes of this section, the term ``residual fiscal year 1988 
ASAT funds'' means funds in the amount of $16,000,000 which 
were appropriated to the Department of Defense for fiscal year 
1988 for research, development, test, and evaluation for the 
Air Force which--
          (1) were originally made available for the ASAT 
        program; and
          (2) which remain available for obligation following 
        cancellation of that program by the Secretary of 
        Defense.
    (c) ASAT Program Defined.--For purposes of subsections (a) 
and (b), the term ``ASAT program'' means the program of the Air 
Force to develop an F-15 launched miniature homing vehicle 
antisatellite weapon.
          * * * * * * *

                  Part C--Strategic Defense Initiative

SEC. 221. FUNDING FOR THE STRATEGIC DEFENSE INITIATIVE FOR FISCAL YEAR 
                    1989

    (a) Amounts Authorized.--Of the amounts appropriated 
pursuant to section 201 or otherwise made available to the 
Department of Defense for research, development, test and 
evaluation for fiscal year 1989, not more than $3,738,000,000 
may be obligated for the Strategic Defense Initiative.
    (b) Restriction on Use of Funds.--Amounts appropriated to 
or for the use of the Department of Defense for fiscal year 
1989 may not be used to establish a Strategic Defense System 
Operational Test and Evaluation activity.
    (c) Report by Secretary of Defense.--Before the adjournment 
sine die of the second session of the One-Hundredth Congress, 
the Secretary of Defense shall submit to the Committees on 
Armed Services\3\ and the Committees on Appropriations of the 
Senate and House of Representatives a report on the Space-Based 
Interceptor (SBI) program of the Strategic Defense Initiative. 
The report shall include a discussion of the following matters 
with respect to the SBI program:
---------------------------------------------------------------------------
    \3\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) Role of SBI in the Phase One architecture.
          (2) SBI performance in the current system concept.
          (3) SBI cost projections.
          (4) Technology progress and plans.
          (5) Launch requirements.
          (6) Other programmatic details.

SEC. 222. REPORT ON ALLOCATION OF SDI FUNDING FOR FISCAL YEAR 1989

    (a) Report.--The Secretary of Defense shall submit to the 
Committees on Armed Services\4\ and the Committees on 
Appropriations of the Senate and the House of Representatives a 
report on the allocation of funds appropriated or otherwise 
made available for the Strategic Defense Initiative for fiscal 
year 1989. The report shall specify the amount of such funds 
allocated for each program, project, or activity of the 
Strategic Defense Initiative within each appropriation account.
---------------------------------------------------------------------------
    \4\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.
---------------------------------------------------------------------------
    (b) Deadline for Report.--The report required by subsection 
(a) shall be submitted not later than 90 days after the date of 
the enactment of this Act.

SEC. 223. DEVELOPMENT AND TESTING OF ANTIBALLISTIC MISSILE SYSTEMS OR 
                    COMPONENTS

    (a) Use of Funds.--(1) Funds appropriated to the Department 
of Defense for fiscal year 1989, or otherwise made available to 
the Department of Defense from any funds appropriated for 
fiscal year 1989 or for any fiscal year before 1989, shall be 
subject to the limitations prescribed in paragraph (2).
    (2) The funds described in paragraph (1) may not be 
obligated or expended--
          (A) for any development or testing of antiballistic 
        missile systems or components except for development 
        and testing consistent with the development and testing 
        described in the March 1988 SDIO Report; or
          (B) for the acquisition of any material or equipment 
        (including any long lead materials, components, piece 
        parts, test equipment, or any modified space launch 
        vehicle) required or to be used for the development or 
        testing of antiballistic missile systems or components, 
        except for material or equipment required for 
        development or testing consistent with the development 
        and testing described in the March 1988 SDIO Report.
    (3) The limitation under paragraph (2) shall not apply to 
funds transferred to or for the use of the Strategic Defense 
Initiative for fiscal year 1989 if the transfer is made in 
accordance with section 1201 of this Act.
    (b) Definition.--As used in this section, the term ``March 
1988 SDIO Report'' means the report entitled, ``Report to 
Congress on the Strategic Defense Initiative'', dated March 23, 
1988, prepared by the Strategic Defense Initiative Organization 
and submitted to certain committees of the Senate and House of 
Representatives pursuant to section 1102 of the Department of 
Defense Authorization Act, 1985 (Public Law 98-525; 10 U.S.C. 
2431 note).

SEC. 224. ACCIDENTAL LAUNCH PROTECTION

    (a) Findings.--Congress makes the following findings:
          (1) The United States is a signatory to the 1972 
        Anti-Ballistic Missile Treaty.
          (2) The Soviet Union has deployed approximately 1,400 
        land-based intercontinental ballistic missiles and 
        approximately 900 sea-based ballistic missiles.
          (3) There have been several accidents involving 
        ballistic missiles, including the loss of a submarine 
        of the Soviet Union due to inadvertent missile ignition 
        and the inadvertent landing in China of a test missile 
        of the Soviet Union.
          (4) Proliferation of ballistic missile technology, 
        such as the action of the People's Republic of China in 
        providing ballistic missiles to Saudi Arabia, raises 
        the possibility of future nuclear threats.
    (b)\5\ Sense of Congress.--It is the sense of Congress--
---------------------------------------------------------------------------
    \5\Sec. 1005(b) and (c) of the National Defense Authorization Act 
for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1542), 
reaffirmed this sense of the Congress and required the same report as 
subsec. (c).
---------------------------------------------------------------------------
          (1) that the Secretary of Defense should direct the 
        Strategic Defense Initiative Organization to give 
        priority to development of technologies and systems for 
        a system capable of protecting the United States from 
        the accidental launch of a strategic ballistic missile 
        against the continental United States; and
          (2) that such development of an accidental launch 
        protection system should be carried out with an 
        objective of ensuring that such system is in compliance 
        with the 1972 Anti-Ballistic Missile Treaty.
    (c)\5\ Report.--Not later than March 1, 1989, the Secretary 
of Defense shall submit to Congress a report on the status of 
planning for development of a deployment option for such an 
accidental launch protection system.
          * * * * * * *

                         Part E--Other Programs

          * * * * * * *

SEC. 243. REPORT ON SPACE CONTROL CAPABILITIES

    (a) Report.--Not later than the date on which the President 
submits the budget for fiscal year 1990 to Congress under 
section 1105 of title 31, United States Code, the Secretary of 
Defense shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives\6\ a comprehensive 
report on space control capabilities of the Armed Forces.
---------------------------------------------------------------------------
    \6\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.
---------------------------------------------------------------------------
    (b) Content of Report.--The report shall include the 
following matters:
          (1) A description of requirements for space control 
        capabilities related to deterrence and warfighting 
        objectives, including space surveillance and anti-
        satellite capabilities, that have been validated by the 
        Chairman of the Joint Chiefs of Staff and transmitted 
        to the commander of the United States Space Command.
          (2) A net assessment of the space control 
        capabilities of the United States and the Soviet Union.
          (3) An assessment of current deficiencies in United 
        States space control capabilities and recommendations 
        for overcoming those deficiencies.
          (4) A 5-year plan for improving ground- and space-
        based surveillance systems and their associated 
        command, control, and communications systems and the 
        cost and schedule for implementing the plan.
          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

                Part A--Authorizations of Appropriations

          * * * * * * *

SEC. 303. HUMANITARIAN ASSISTANCE

    (a) Purpose.--The amount authorized in section 301\7\ for 
humanitarian assistance shall be used for the purpose of 
providing transportation for humanitarian relief for persons 
displaced or who are refugees because of the invasion of 
Afghanistan by the Soviet Union. Of the amount authorized in 
such section for such purpose, not more than $3,000,000 may be 
used for distribution of humanitarian relief supplies to the 
non-Communist resistance organization at or near the border 
between Thailand and Cambodia.
---------------------------------------------------------------------------
    \7\Sec. 301 of this Act authorized $13,000,000 for humanitarian 
assistance. Sec. 301 of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1352), 
authorized $13,000,000 for humanitarian assistance, and sec. 304 
reiterated this section and required the Secretary of Defense to 
annually report on the provision of humanitarian assistance under this 
law.
---------------------------------------------------------------------------
    (b) Authority To Transfer Funds.--The Secretary of Defense 
may transfer to the Secretary of State not more than $3,000,000 
of the funds appropriated pursuant to the authorization in 
section 301 for humanitarian assistance to provide for (1) 
paying for administrative costs of providing the transportation 
described in subsection (a), and (2) the purchase or other 
acquisition of transportation assets for the distribution of 
relief supplies in the country of destination.
    (c) Transportation Under Direction of the Secretary of 
State.--Transportation provided with funds appropriated 
pursuant to the authorization in section 301 for humanitarian 
assistance shall be under the direction of the Secretary of 
State.
    (d) Means of Transportation To Be Used.--Transportation for 
humanitarian relief provided with funds appropriated pursuant 
to the authorization in section 301 for humanitarian assistance 
shall be by the most economical commercial or military means 
available, unless the Secretary of State determines that it is 
in the national interest of the United States to use means 
other than the most economical means available. Such means may 
include the use of aircraft and personnel of the reserve 
components of the Armed Forces.
    (e) Availability of Funds.--Amounts appropriated pursuant 
to the authorization in section 301 for humanitarian assistance 
shall remain available until expended, to the extent provided 
in appropriation Acts.
    (f)\8\ Reports.-- * * * [Repealed--1989]
---------------------------------------------------------------------------
    \8\Sec. 304(f)(5) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1410) 
repealed subsec. (f), which had required the Secretary of Defense to 
submit to the Committees on Armed Services and Foreign Relations of the 
Senate and the Committees on Armed Services and Foreign Affairs of the 
House of Representatives several reports on the funds obligated for 
humanitarian relief under various humanitarian relief laws. Similar 
reports are now required by sec. 303 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 
1525).
---------------------------------------------------------------------------
          * * * * * * *

                          Part B--Limitations

          * * * * * * *

SEC. 313.\9\ PROHIBITION ON PURCHASE OF TOSHIBA PRODUCTS FOR RESALE IN 
                    MILITARY EXCHANGE STORES

    (a) Prohibition.--During the three-year period beginning on 
the date of the enactment of this Act, no product manufactured 
or assembled by Toshiba America, Incorporated, or Toshiba 
Corporation (or any of its affiliates or subsidiaries) may be 
purchased by the Department of Defense for the purpose of 
resale of such product in a military exchange store or in any 
other morale, welfare, recreation, or resale activity operated 
by the Department of Defense (either directly or by 
concessionaire).
---------------------------------------------------------------------------
    \9\50 U.S.C. app. 2410a note.
---------------------------------------------------------------------------
    (b) Exception.--The prohibition in subsection (a) shall not 
apply to microwave ovens manufactured or assembled in the 
United States.

SEC. 314. LIMITATION ON FUNDING FOR UNITED STATES SOUTHERN COMMAND 
                    AIRLIFT

    Funds appropriated for operation and maintenance for the 
Air Force for fiscal year 1989 may not be obligated or expended 
in connection with any contract for aircraft with short takeoff 
and landing capability until--
          (1) the Secretary of Defense approves a requirements 
        document and an acquisition plan, including costs and 
        schedule information, for an aircraft with short 
        takeoff and landing capability for the United States 
        Southern Command; and
          (2) the Secretary of Defense submits both the 
        document and the plan to the Committees on Armed 
        Services of the Senate and the House of 
        Representatives.\10\
---------------------------------------------------------------------------
    \10\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.
---------------------------------------------------------------------------
          * * * * * * *

             TITLE VIII--ACQUISITION POLICY AND MANAGEMENT

          * * * * * * *

                    Part B--Defense Industrial Base

          * * * * * * *

SEC. 825. DEPARTMENT OF DEFENSE OFFSET POLICY

    (a)\11\ Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \11\10 U.S.C. 2505 note.
---------------------------------------------------------------------------
          (1) Many contracts entered into by United States 
        firms for the supply of weapon systems or defense-
        related items to foreign countries and foreign firms 
        are subject to contractual arrangements under which 
        United States firms must agree--
                  (A) to have a specified percentage of work 
                under, or monetary amount of, the contract 
                performed by one or more foreign firms;
                  (B) to purchase a specified amount or 
                quantity of unrelated goods or services from 
                domestic sources of such foreign countries; or
                  (C) to invest a specified amount in domestic 
                businesses of such foreign countries.
        Such contractual arrangements, known as ``offsets'', 
        are a component of international trade and could have 
        an impact on United States defense industry 
        opportunities in domestic and foreign markets.
          (2) Some United States contractors and subcontractors 
        may be adversely affected by such contractual 
        arrangements.
          (3) Many contracts which provide for or are subject 
        to offset arrangements require, in connection with such 
        arrangements, the transfer of United States technology 
        to foreign firms.
          (4) The use of such transferred technology by foreign 
        firms in conjunction with foreign trade practices 
        permitted under the trade policies of the countries of 
        such firms can give foreign firms a competitive 
        advantage against United States firms in world markets 
        for products using such technology.
          (5) A purchase of defense equipment pursuant to an 
        offset arrangement may increase the cost of the defense 
        equipment to the purchasing country and may reduce the 
        amount of defense equipment that a country may 
        purchase.
          (6) The exporting of defense equipment produced in 
        the United States is important to maintain the defense 
        industrial base of the United States, lower the unit 
        cost of such equipment to the Department of Defense, 
        and encourage the standardized utilization of United 
        States equipment by the allies of the United States.
    (b) Amendment to Title 10.\12\ * * *
---------------------------------------------------------------------------
    \12\Sec. 825(b) added a new sec. 2505 to title 10, U.S.C., 
concerning U.S. defense technology transfer and notifications.
---------------------------------------------------------------------------
    (c)\13\ Negotiations.--(1) The President shall enter into 
negotiations with foreign countries that have a policy of 
requiring an offset arrangement in connection with the purchase 
of defense equipment or supplies from the United States. The 
negotiations should be conducted with a view to achieving an 
agreement with the countries concerned that would limit the 
adverse effects that such arrangements have on the defense 
industrial base of each such country. Every effort shall be 
made to achieve such agreements within two years after 
September 29, 1988;\14\
---------------------------------------------------------------------------
    \13\10 U.S.C. 2505 note.
    \14\Sec. 816 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1501) amended sec. 
825(c) by transferring the text of para. (2) to the end of para. (1); 
by striking ``the date of the enactment of this Act.'' at the end of 
that sentence and inserting in lieu thereof ``September 29, 1988''; and 
by inserting a new para. (2).
---------------------------------------------------------------------------
    (2)\14\ In the negotiation or renegotiation of any 
memorandum of understanding between the United States and one 
or more foreign countries relating to the reciprocal 
procurement of defense equipment and supplies or research and 
development, the President shall make every effort to achieve 
an agreement with the country or countries concerned that would 
limit the adverse effects that offset arrangements have on the 
defense industrial base of the United States.
    (d) Reports.--(1) Not later than November 15, 1988, the 
President shall submit to Congress a comprehensive report on 
contractual offset arrangements required of United States firms 
for the supply of weapon systems or defense-related items to 
foreign countries or foreign firms. Such report shall include, 
at a minimum, the following:
          (A) An analysis of the amount and type of contractual 
        offsets required of United States firms by the 
        governments of foreign countries or by foreign firms.
          (B) An assessment of the benefits for and costs to 
        United States manufacturers of defense products at all 
        tiers that result from requirements of foreign 
        governments for contractual offset arrangements in the 
        case of products procured from United States firms.
          (C) An assessment of the benefits for and the costs 
        to United States manufacturers of defense products at 
        all tiers that would result from restriction of the 
        ability of foreign governments or foreign firms to 
        require contractual offsets in the case of defense 
        products procured from United States firms.
          (D) An assessment of the benefits and costs of a 
        United States policy that requires reciprocal offsets 
        in the procurement of defense products from those 
        countries whose governments have a policy of requiring 
        contractual offsets in the case of defense products 
        procured from United States firms.
          (E) An assessment of the impact that elimination of 
        contractual offset requirements in international sales 
        of defense products would have on the national security 
        of the United States.
          (F) Recommendations for a national policy with 
        respect to contractual offset arrangements.
          (G) A preliminary discussion of the actions referred 
        to in paragraph (2).
    (2) Not later than March 15, 1990, the President shall 
transmit to Congress a report containing a discussion of 
appropriate actions to be taken by the United States with 
respect to purchases from United States firms by a foreign 
country (or a firm of that country) when that country or firm 
requires an offset arrangement in connection with the purchase 
of defense equipment or supplies in favor of such country. The 
report shall include a discussion of the following possible 
actions:
          (A) A requirement for an offset in favor of the 
        United States or United States firms in any case in 
        which the Department of Defense or any other department 
        or agency of the United States purchases goods from 
        such foreign country or a firm of such country.
          (B) A demand for offset credits from such foreign 
        country to be used, to the extent practicable, to meet 
        offset obligations of United States firms to such 
        foreign country or to a firm of such country.
          (C) A reduction in assistance furnished such foreign 
        country by the United States.
          (D) A requirement for alternative equivalent 
        advantages in the case of any such foreign country or a 
        firm of such country if the United States does not 
        purchase a sufficient volume of goods from such country 
        or firm for a requirement described in subparagraph (A) 
        to be effective.
    (3) The President shall report to Congress at least once 
each year, for a period of 4 years, on the progress of the 
negotiations referred to in subsection (c). The first such 
report shall be submitted not later than one year after the 
date of the enactment of this Act.
    (4) In this subsection, the terms ``United States firm'' 
and ``foreign firm'' have the same meanings as are provided in 
section 2505(d) of title 10, United States Code, as added by 
subsection (b).
          * * * * * * *

             TITLE IX--MATTERS RELATING TO ARMS CONTROL\15\
---------------------------------------------------------------------------

    \15\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec F.
---------------------------------------------------------------------------
          * * * * * * *

      TITLE X--MATTERS RELATING TO NATO COUNTRIES AND OTHER ALLIES

SEC. 1001. INCREASE IN ANNUAL DOLLAR LIMITATION ON ACQUISITION AND 
                    CROSS-SERVICING AGREEMENTS WITH ALLIED COUNTRIES * 
                    * *

          * * * * * * *

SEC. 1002.\16\ AUTHORITY TO WAIVE SURCHARGES ON CERTAIN SALES TO NORTH 
                    ATLANTIC TREATY ORGANIZATION * * *
---------------------------------------------------------------------------

    \16\Sec. 1002 amended sec. 21(e) of the Arms Export Control Act (22 
U.S.C. 2761(e)). For text, see Legislation on Foreign Relations Through 
1997, vol. I-A.
---------------------------------------------------------------------------

SEC. 1003.\17\ AUTHORITY OF MILITARY DEPARTMENTS TO LOAN AND BORROW 
                    FROM CERTAIN ALLIES MATERIALS, SUPPLIES, AND 
                    EQUIPMENT FOR RESEARCH AND DEVELOPMENT PURPOSES * * 
                    *
---------------------------------------------------------------------------

    \17\Sec. 1003 amended chapter 6 of the Arms Export Control Act (22 
U.S.C. 2796c). For text, see Legislation on Foreign Relations Through 
1997, vol. I-A.
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SEC. 1004.\18\ SENSE OF CONGRESS ON NEED FOR MODERNIZATION OF THEATER 
                    NUCLEAR CAPABILITIES OF NATO

    (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \18\22 U.S.C. 1928 note.
---------------------------------------------------------------------------
          (1) The security of the North Atlantic Treaty 
        Organization (NATO) alliance will continue for the 
        foreseeable future to rely on a modern and credible 
        nuclear deterrent.
          (2) NATO should make every effort to achieve the goal 
        of raising the threshold for the use of nuclear weapons 
        in the event of a conflict in Europe.
          (3) While recognizing that there is a critical need 
        for improvements in conventional forces, Congress also 
        recognizes that the United States will have to devote 
        defense resources in the future to the continuing 
        modernization of the theater nuclear capabilities of 
        NATO.
          (4) The modernization of the theater nuclear 
        capabilities of NATO is a continuing process and stems 
        from the 1983 Montebello decision by NATO to reduce the 
        stockpile of nuclear weapons in Europe while taking 
        steps to ensure that the remaining nuclear weapons of 
        the alliance are responsive, survivable, and effective.
          (5) Programs to modernize theater nuclear forces, 
        which had a high priority for NATO before the 
        ratification of the Intermediate-range Nuclear Forces 
        (INF) Treaty, are at least as important following the 
        ratification of that treaty in May 1988.
          (6) The NATO Nuclear Planning Group recently 
        reaffirmed its endorsement of development by the United 
        States of a new missile for delivery of theater nuclear 
        weapons as a follow-on to the current Lance missile, 
        with a view toward an eventual decision on deployment 
        of such a follow-on missile.
    (b) Sense of Congress.--In light of the findings in 
subsection (a), it is the sense of Congress that--
          (1) modernization of the theater nuclear capabilities 
        of the North Atlantic Treaty Organization is essential 
        to the deterrence strategy of the NATO alliance, 
        particularly in light of the requirements of the 
        Intermediate-range Nuclear Forces (INF) Treaty for the 
        destruction of intermediate-range nuclear weapons;
          (2) continued modernization by the United States of 
        theater nuclear capabilities should be undertaken in 
        close consultation with other NATO member nations; and
          (3) the United States should proceed with ongoing 
        activities to meet the identified requirement of the 
        NATO alliance for development of a new missile for 
        delivery of theater nuclear weapons as a follow-on to 
        the Lance missile.

SEC. 1005. REPORT ON NATO DEFENSE PROGRAM FOR FISCAL YEAR 1990

    (a) Report.--The Secretary of Defense shall submit to 
Congress a report setting forth in detail the programs of the 
Department of Defense in support of the North Atlantic Treaty 
Organization (referred to as the ``NATO Defense Program'') for 
fiscal year 1990. The report shall include--
          (1) an identification of each such program by program 
        element; and
          (2) a description of each such program and the level 
        of funding requested by the President for each such 
        program in the budget for fiscal year 1990.
    (b) Submission of Report.--The report under subsection (a) 
shall be submitted in conjunction with the submission to 
Congress of the President's budget for fiscal year 1990 
pursuant to section 1105 of title 31, United States Code.

SEC. 1006.\19\ IMPROVEMENT IN DEFENSE RESEARCH AND PROCUREMENT LIAISON 
                    WITH ISRAEL

    The Secretary of Defense, in consultation with the Under 
Secretary of Defense for Acquisition, shall designate for duty 
in Israel an individual or individuals to serve as the primary 
liaison between the procurement and research and development 
activities of the United States Armed Forces and those of the 
State of Israel.
---------------------------------------------------------------------------
    \19\10 U.S.C. 133 note.
---------------------------------------------------------------------------

SEC. 1007.\20\ MODIFICATION OF REQUIREMENT CONCERNING DESIGNATION OF 
                    MAJOR NON-NATO ALLIES * * *
---------------------------------------------------------------------------

    \20\Sec. 1007 amended sec. 1105(f) of the National Defense 
Authorization Act for Fiscal Year 1987 (22 U.S.C. 2767a). Sec. 1105 was 
repealed in 1989.
---------------------------------------------------------------------------

SEC. 1008. CALL FOR CONTINUED DEFENSE BURDENSHARING DISCUSSIONS WITH 
                    ALLIES

    It is the sense of Congress that the President should 
continue the discussions (called for by Congress in section 
1254(b)(1) of Public Law 100-204) with countries which 
participate in mutual defense alliances with the United States, 
especially the member nations of the North Atlantic Treaty 
Organization and Japan, for the purpose of reaching an 
agreement for a more equitable distribution of the burden of 
financial support for the alliances.

SEC. 1009. CONTRIBUTIONS BY JAPAN TO GLOBAL STABILITY

    (a) Findings.--The Congress makes the following findings:
          (1) As noted by Congress in section 1012(a)(1) of 
        Public Law 100-180 and in section 812(a)(1) of Public 
        Law 99-93,\21\ the alliance of the United States and 
        Japan is the foundation for the security of Japan and 
        peace in the Far East and is a major contributing 
        factor to the democratic freedoms and the economic 
        prosperity enjoyed by both the United States and Japan.
---------------------------------------------------------------------------
    \21\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. D.
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          (2) In keeping with the declaration made at the 1983 
        meeting in Williamsburg, Virginia, of the leaders of 
        the leading industrialized democracies that ``the 
        security of our countries is indivisible and must be 
        approached on a global basis'', the Government of 
        Japan, in actions welcomed by the United States--
                  (A) continues to fulfill the pledge made by 
                the Prime Minister of Japan in May 1981 to 
                develop the capabilities to defend the 
                territory of Japan and the airspace and 
                sealanes around Japan to a distance of 1,000 
                nautical miles by 1990,
                  (B) has increased the amount of assistance 
                provided to other countries during fiscal year 
                1988 by 6.5 percent over the amount of such 
                assistance provided during fiscal year 1987, 
                and
                  (C) is, according to recent reports, actively 
                involved in increasing its contributions to the 
                stability of the Republic of the Philippines.
          (3) Japan could, because of its recent history and 
        economic status, best fulfill a politically acceptable 
        and significant role in maintaining the security of the 
        leading industrialized democracies by increasing 
        spending for its Official Development Assistance 
        program in the manner described by Congress in section 
        1012(b) of Public Law 100-180.
          (4) The failure of the United States and Japan to 
        agree on the appropriate level of the contribution by 
        Japan to maintaining the security of the leading 
        industrialized democracies could weaken the long-term 
        vitality, effectiveness, and cohesion of the alliance 
        between the United States and Japan.
    (b)\22\ Annual Report.--The Secretary of Defense shall 
include with the annual report submitted pursuant to section 
1003 of Public Law 98-525 (22 U.S.C. 1928 note) a report on the 
Official Development Assistance program of the Government of 
Japan. Such report shall be prepared each year in coordination 
with the Secretary of State and the Administrator of the Agency 
for International Development and shall include a description 
of the amount and nature of spending under such program by 
recipient, including distinguishing between grant aid, loans, 
and credits.
---------------------------------------------------------------------------
    \22\22 U.S.C. 1928 note.
---------------------------------------------------------------------------
    (c) Policy on Discussions With Japan.--It is the sense of 
Congress that in the discussions with Japan referred to in 
section 1008 for the purpose of reaching a more equitable 
distribution of the burden of financial support for the 
security of the leading industrialized democracies, the 
objective of such discussions should include the establishment 
of a schedule for increases in spending under Japan's Official 
Development Assistance program and its defense programs so 
that, by 1992, the level of spending on those programs (stated 
as a percentage of gross national product) will approximate the 
average of the levels of spending by the member nations of the 
North Atlantic Treaty Organization on official development 
assistance and defense programs (stated as a percentage of 
their respective gross national products).
    (d) Report.--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to Congress a 
report on the progress of the discussions described in 
subsection (c) with respect to Japan.
    (e) Further Congressional Action.--It is the sense of 
Congress that if, in the judgment of Congress, the report of 
the President under subsection (d) does not reflect substantial 
progress toward a more equitable distribution of the burden of 
maintaining the security of the leading industrialized 
democracies, Congress should review the extent of the 
distribution of the mutual security burden between the United 
States and Japan and should consider whether additional 
legislation is appropriate.

        TITLE XI--DRUG INTERDICTION AND LAW ENFORCEMENT SUPPORT

SEC. 1101.\23\ ANNUAL GUIDELINES TO THE MILITARY DEPARTMENTS * * *
---------------------------------------------------------------------------

    \23\Sec. 1101 amended sec. 113 of title 10, United States Code, by 
adding to the end a new subsec. (l).
---------------------------------------------------------------------------

SEC. 1102.\24\ LEAD AGENCY FOR DETECTION * * * [REPEALED--1989]
---------------------------------------------------------------------------

    \24\Sec. 1202 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1563) inserted a new 
sec. 124 to title 10, U.S.C., titled ``Detection and Monitoring of 
aerial and maritime transit of illegal drugs; Department of Defense to 
be lead agency'', and repealed sec. 1102.
---------------------------------------------------------------------------

SEC. 1103.\25\ COMMUNICATIONS NETWORK * * * [REPEALED--1989]
---------------------------------------------------------------------------

    \25\Sec. 1204 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1564) repealed sec. 
1103.
---------------------------------------------------------------------------

SEC. 1104.\26\ ENHANCED DRUG INTERDICTION AND LAW ENFORCEMENT SUPPORT 
                    BY THE DEPARTMENT OF DEFENSE * * *
---------------------------------------------------------------------------

    \26\Sec. 1104 amended chapter 18 of 10 U.S.C., secs. 371-380.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1107. REPORTS

    (a) Proposals.--Not later than December 1, 1988, the 
President shall submit to Congress a report containing--
          (1) legislative proposals to enhance the capability 
        of the Department of Defense to perform the functions 
        provided for in this title and in the amendments made 
        by this title; and
          (2) estimates of the amounts necessary to carry out 
        such proposals.
    (b) Radar Coverage and Southern Border.--(1) The President 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives\27\ a report assessing the 
potential effect on drug interdiction and on the drug abuse 
problem in the United States of--
---------------------------------------------------------------------------
    \27\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.
---------------------------------------------------------------------------
          (A) carrying out radar coverage along the southern 
        border of the United States; and
          (B) pursuing drug smugglers detected by such radar 
        coverage with rotor-wing and fixed-wing aircraft of the 
        Department of Defense and of civilian law enforcement 
        agencies.
    (2) The President shall include in such report an 
assessment of the relative effectiveness--
          (A) of carrying out the operations described in 
        clauses (A) and (B) of paragraph (1) on a full-time 
        basis;
          (B) of carrying out such operations only during the 
        hours of darkness; and
          (C) the feasibility and cost of carrying out such 
        operations under each of the conditions specified in 
        clauses (A) and (B).
    (3) The report under paragraph (1) shall be submitted not 
later than 30 days after the date of the enactment of this Act.
    (c) Pursuit by Aircraft.--(1) Not later than 15 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives\28\ a report containing the 
following information:
---------------------------------------------------------------------------
    \28\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.
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          (A) The total number of times suspected drug 
        smugglers flying aircraft into the United States have 
        been pursued by aircraft operated by or with the 
        support of personnel of the Department of Defense under 
        the authority of section 374(c)(2)(B) of title 10, 
        United States Code, as in effect on the day before the 
        date of the enactment of this Act.
          (B) The number of times civilian law enforcement 
        officials were present at the location and at the time 
        the suspected drug smugglers were forced to land their 
        aircraft in the United States as a result of the 
        pursuit of the aircraft operated by or with the support 
        of Department of Defense personnel.
          (C) The number of times such officials were not 
        present at the location and at the time such suspected 
        smugglers were forced to land their aircraft in the 
        United States.
    (2) Not later than one year after the date of the enactment 
of this Act, the Secretary of Defense shall submit to such 
committees a report containing the following information:
          (A) The total number of times suspected drug 
        smugglers described in paragraph (1) have been pursued 
        into the United States by aircraft operated by or with 
        the support of Department of Defense personnel under 
        the authority of section 374(b)(2)(C) of title 10, as 
        amended by section 1104.
          (B) The number of times civilian law enforcement 
        officials were present at the location and at the time 
        the suspected drug smugglers were forced to land their 
        aircraft in the United States as a result of the 
        pursuit of the aircraft operated by or with the support 
        of Department of Defense personnel.
          (C) The number of times such officials were not 
        present at the location and at the time such suspected 
        smugglers were forced to land their aircraft in the 
        United States as a result of the pursuit of the 
        aircraft operated by or with the support of Department 
        of Defense personnel.
          (D) Such other information and such recommendations 
        as the Secretary considers appropriate regarding the 
        use of Department of Defense personnel for purposes 
        authorized in section 374(b) of title 10, United States 
        Code, as amended by section 1104.

                     TITLE XII--GENERAL PROVISIONS

          * * * * * * *

                         Part D--Miscellaneous

          * * * * * * *

SEC. 1232.\29\ REASSESSMENT OF SOVIET ELECTRONIC ESPIONAGE CAPABILITY 
                    FROM MOUNT ALTO EMBASSY SITE * * * [REPEALED--1993]
---------------------------------------------------------------------------

    \29\Repealed by sec. 502(d) of the FRIENDSHIP Act (Public Law 103-
199; 107 Stat. 2326).
---------------------------------------------------------------------------
          * * * * * * *

                 TITLE XIII--FOREIGN RELATIONS MATTERS

SEC. 1301. SENSE OF CONGRESS CONCERNING THE PANAMA CANAL AND THE UNITED 
                    STATES SOUTHERN COMMAND

    (a) Findings.--The Congress finds that--
          (1) the security of, and the free flow of shipping 
        through, the Panama Canal are vital interests of the 
        United States; and
          (2) the continued ability of the United States 
        Southern Command (which currently has its headquarters 
        in the Republic of Panama) to carry out assigned 
        missions, especially the mission of defense of the 
        Panama Canal, is essential to protecting and promoting 
        the interests of the United States.
    (b) Sense of Congress.--In light of the findings in 
subsection (a), it is the sense of Congress that the President 
should take all steps necessary to ensure the continued ability 
of the United States Southern Command (or any successor 
command) to carry out assigned missions, especially the mission 
of defense of the Panama Canal.

SEC. 1302.\30\ LIMITATION ON ASSISTANCE TO PANAMANIAN DEFENSE FORCE

    (a) Limitation.--The President may not use any funds 
appropriated to or for the use of any department, agency, or 
other entity of the United States for the purpose of providing 
assistance to the Panamanian Defense Force. The limitation in 
the preceding sentence shall cease to apply upon the submission 
by the President to Congress of a certification by the 
President--
---------------------------------------------------------------------------
    \30\22 U.S.C. 2151 note.
---------------------------------------------------------------------------
          (1) that no armed forces of the Soviet Union, the 
        Republic of Cuba, or the Republic of Nicaragua are 
        present in the Republic of Panama (other than military 
        attaches accredited to the Republic of Panama); and
          (2) that General Manuel Noriega has relinquished 
        command of the Panamanian Defense Force and no longer 
        holds any official position of leadership (either 
        military or civilian) in the Republic of Panama.
    (b) Clarification.--Subsection (a) does not prohibit the 
President from obligating or expending any funds necessary 
for--
          (1) the defense of the Panama Canal,
          (2) the collection of intelligence,
          (3) the maintenance of United States Armed Forces in 
        the Republic of Panama, or
          (4) the protection of United States interests in the 
        Republic of Panama.
    (c) Report.--Not later than 30 days after the date of the 
enactment of this Act, the President shall submit to Congress a 
detailed report, in both classified and unclassified form, 
indicating--
          (1) whether (and to what extent) military, 
        paramilitary, or intelligence personnel of the Soviet 
        Union, Cuba, or Nicaragua are present in the Republic 
        of Panama; and
          (2) whether (and to what extent) the Panamanian 
        Defense Force has coordinated with, cooperated with, 
        supported, or received support from, any such 
        personnel.

SEC. 1303. SENSE OF CONGRESS CONCERNING INDICTMENT OF GENERAL NORIEGA 
                    OF PANAMA ON DRUG-RELATED CHARGES

    (a) Findings.--The Congress finds that--
          (1) General Manuel Noriega, the commander of the 
        Panamanian Defense Force, was indicted on February 5, 
        1988, in the United States District Courts for the 
        Southern District and for the Middle District of 
        Florida on a number of serious drug-related charges 
        against the laws of the United States, including 
        charges involving trafficking in illegal drugs, 
        protecting and supporting drug traffickers, and 
        laundering of drug-related money; and
          (2) there have been reports in the news media and 
        from other sources that discussions between officials 
        of the United States and General Noriega may have 
        occurred concerning arrangements under which General 
        Noriega would give up political power and leave the 
        Republic of Panama in exchange for which the United 
        States would file a motion to dismiss the indictments 
        referred to in paragraph (1).
    (b) Sense of Congress.--It is the sense of Congress--
          (1) that the United States should not conduct or 
        authorize any negotiations or discussions, and should 
        not make any arrangements, with General Manuel Noriega 
        which would involve any effort by the United States to 
        dismiss the indictments referred to in subsection 
        (a)(1); and
          (2) that any such negotiation, discussion, or 
        arrangement--
                  (A) would be incompatible with the high 
                priority that the United States places on the 
                war on drugs;
                  (B) would not further the prospects for 
                restoring noncorrupt, democratic government to 
                the Republic of Panama; and
                  (C) would not serve the interests of the 
                United States.

SEC. 1304. SENSE OF CONGRESS ON INTRODUCTION OF ARMED FORCES INTO 
                    NICARAGUA FOR COMBAT

    Congress hereby reaffirms the sense of Congress expressed 
in the first session of the 99th Congress (in section 1451 of 
the Department of Defense Authorization Act, 1986 (Public Law 
99-145; 99 Stat. 760)), that United States Armed Forces should 
not be introduced into or over Nicaragua for combat. However, 
nothing in this section shall be construed as affecting the 
authority and responsibility of the President or Congress under 
the Constitution, statutes, or treaties of the United States in 
force.

SEC. 1305. HUMAN RIGHTS VIOLATIONS BY THE GOVERNMENT OF POLAND

    (a) Findings.--Congress makes the following findings:
          (1) The government of Poland, headed by General 
        Wojciech Jaruzelski, has violated internationally 
        recognized human rights of the people of Poland, 
        including the right to peaceably assemble, the right to 
        strike, the right to freely associate, and the right to 
        due process.
          (2) The Jaruzelski government has retaliated against 
        the justified, peaceful protests of workers at Nowa 
        Huta, Poland, through the use of violence and force.
          (3) The Jaruzelski government has prosecuted and 
        imprisoned a number of persons for politically related 
        offenses.
          (4) The Jaruzelski government has to date refused to 
        take steps which would guarantee the right of the 
        people of Poland to participate in the management of 
        the economy of Poland and has refused to accept the 
        principle of pluralism in the national life of Poland.
    (b) Sense of Congress.--It is, therefore, the sense of 
Congress--
          (1) that the use of force against the workers of Nowa 
        Huta and intimidation against other strikers in Poland 
        should be condemned; and
          (2) that improvement in relations between the United 
        States and Poland must be predicated on an improvement 
        in internationally recognized human rights in Poland, 
        including the release of political prisoners, steps 
        toward trade union pluralism and the rights of 
        independent trade unions to organize, and steps toward 
        genuine national reconciliation and dialogue.

SEC. 1306. CONDITIONS FOR SALE OR OTHER TRANSFER OF F-15 AIRCRAFT TO 
                    SAUDI ARABIA

    (a) Notwithstanding any other provision of law, any sale or 
other transfer to Saudi Arabia by the United States of F-15 
aircraft shall be subject to the following conditions:
          (1) Any such F-15 aircraft sold or otherwise 
        transferred to Saudi Arabia shall be limited to models 
        A, B, C, and D.
          (2) The United States shall not sell or otherwise 
        transfer to Saudi Arabia the F-15-E with a ground 
        attack capability and shall not upgrade existing Saudi 
        aircraft to that capability.
          (3) Saudi Arabia shall not possess more than 60 F-15 
        aircraft at any time, except that additional 
        replacement F-15 aircraft may be held in the United 
        States, at the expense of Saudi Arabia, for shipment to 
        Saudi Arabia only after the President notifies Congress 
        that the existing inventory of F-15 aircraft held by 
        Saudi Arabia is less than 60 and, then, only on a one-
        for-one replacement basis as each F-15 aircraft is 
        totally removed from the inventory of Saudi Arabia.
    (b)\31\ The President may waive subsection (a) if the 
President certifies to Congress that such action is in the 
national interest.
---------------------------------------------------------------------------
    \31\In a memorandum for the Secretary of State of August 8, 1990 
(55 F.R. 32591), the President certified ``that it is in the national 
interest of the United States to waive section 1306(a)''.
---------------------------------------------------------------------------

SEC. 1307. RESTRICTION ON SALE OF DEFENSE ARTICLES TO CERTAIN NATIONS

    (a) Restriction.--During fiscal year 1989, the United 
States may not make any sale of defense articles subject to 
section 36(b) of the Arms Export Control Act (22 U.S.C. 
2776(b)) to any nation which has acquired intermediate-range 
ballistic missiles made by the People's Republic of China.
    (b) Presidential Certification.--(1) The restriction in 
subsection (a) shall cease to apply with respect to any nation 
which has acquired such missiles upon certification by the 
President to Congress that that nation does not have chemical, 
biological, or nuclear warheads for those missiles.
    (2) If the President makes a certification under paragraph 
(1) in the case of any nation, the President shall notify 
Congress promptly of any evidence that, after the date of such 
certification, such nation has acquired chemical, biological, 
or nuclear warheads for those missiles.

SEC. 1308. UNITED STATES BASES IN THE REPUBLIC OF THE PHILIPPINES

    (a) Congressional Findings.--Congress makes the following 
findings:
          (1) The United States has maintained military bases 
        in the Philippines since 1947 pursuant to the United 
        States-Philippine Military Bases Agreement and 
        maintained military bases in the Philippines for many 
        years before that under other arrangements.
          (2) Clark Air Force Base, Subic Bay Naval Base, and 
        the other United States military installations in the 
        Philippines significantly promote the mutual interests 
        of the United States and the Philippines and contribute 
        to regional and global security.
          (3) These installations are also important to the 
        development of democratic institutions and to economic 
        progress in the Western Pacific and Southeast Asia.
          (4) The United States military installations in the 
        Philippines employ a loyal and highly skilled cadre of 
        Filipinos and make a substantial contribution to the 
        Philippine economy.
          (5) The Military Bases Agreement as currently in 
        effect has a fixed term lasting until September 16, 
        1991, after which it continues in effect subject to 
        termination by either party on one year's notice.
          (6) Pursuant to a 1979 amendment to that agreement, 
        the President of the United States pledged to the 
        Government of the Republic of the Philippines to 
        undertake ``best efforts'' to obtain security 
        assistance for the Philippines, and such pledge was 
        reiterated by the President of the United States in 
        1983 as part of a five-year review of the agreement.
          (7) The United States and the Republic of the 
        Philippines are currently engaged in a second five-year 
        review of the Military Bases Agreement.
          (8) Officials of the Government of the Republic of 
        the Philippines have indicated to officials of the 
        United States that the United States should 
        significantly increase compensation for the use by the 
        United States of military bases in the Philippines.
          (9) The provision of multilateral economic assistance 
        to the Republic of the Philippines should be considered 
        separately from the provision of security assistance by 
        the United States to the Republic of the Philippines in 
        return for United States basing rights in the 
        Philippines.
    (b) Report on Facilities.--(1) The Secretary of Defense 
shall submit to Congress a report on the existing United States 
military facilities in the Republic of the Philippines. The 
report shall include analysis of the following:
          (A) The costs and benefits of maintaining those 
        facilities, including the costs to the United States of 
        the operation and maintenance of those facilities and 
        any other costs associated with those facilities and 
        the economic and social benefits and other benefits of 
        those facilities to the Republic of the Philippines.
          (B) Potential alternative locations for those 
        facilities.
          (C) The strategic value to the United States of 
        having military facilities located in the Philippines 
        and of having such facilities at the potential 
        alternative locations considered.
          (D) The costs and benefits of relocating those 
        facilities to the potential alternative locations, 
        including--
                  (i) the cost to the United States of 
                operation and maintenance and other costs,
                  (ii) the economic, social, and other costs to 
                the Philippines, and
                  (iii) the economic, social, and other 
                benefits to the government and community at 
                each alternative location.
          (E) The availability of skilled indigenous personnel 
        at the potential alternative locations and the cost of 
        training such personnel to work at such installations.
    (2) The report shall be prepared in consultation with the 
Secretary of State and shall be submitted to Congress not later 
than six months after the date of the enactment of this Act.

SEC. 1309.\32\ * * * [REPEALED--1992]
---------------------------------------------------------------------------

    \32\Sec. 1074 of Public Law 102-484 (106 Stat. 2511) repealed sec. 
1309, which required an annual assessment of security at U.S. bases in 
the Philippines.
---------------------------------------------------------------------------

SEC. 1310. ECONOMIC SANCTIONS AGAINST ETHIOPIA

    (a) Statements of Policy.--The Congress--
          (1) condemns the Government of Ethiopia for its 
        blatant disregard for human life as demonstrated by its 
        use of food as a weapon, its forced resettlement 
        program, and its human rights record;
          (2) in the strongest terms possible, urges the 
        Government of Ethiopia to allow foreign relief 
        personnel to return to the north and to allow the 
        international relief campaign to resume operations at 
        its own risk, while retaining full control over its 
        assets and having access to adequate aircraft and fuel;
          (3) in the strongest terms possible, urges rebel 
        groups to cease attacks upon relief vehicles and relief 
        distribution points and to respect the impartiality of 
        the international relief campaign;
          (4) urges the President and the Secretary of State 
        (through direct representations to the Government of 
        Ethiopia and certain rebel groups and through sustained 
        multilateral initiatives involving other Western 
        donors, the United Nations, and the Organization of 
        African Unity) to focus world pressure and opinion upon 
        the combatants in northern Ethiopia, to press for an 
        ``open roads/own risk'' policy that will facilitate the 
        resumption of international relief efforts in the 
        north, to press the Government of Ethiopia and the 
        rebel groups to reach a pragmatic, enduring political 
        settlement, and to press the Government of Ethiopia to 
        implement genuine and effective reform of its failed 
        agricultural policies; and
          (5) urges the President and the Secretary of State to 
        engage in direct discussion with the Soviet Union in 
        order that the peaceful resolution of the crisis in 
        northern Ethiopia becomes a high priority of the Soviet 
        Union and that the approach of the Soviet Union is 
        consistent with that of the West.
    (b) Sanctions.--(1) Notwithstanding any other provision of 
law, the President is authorized to, and is hereby strongly 
urged to, impose such economic sanctions upon Ethiopia as the 
President determines to be appropriate (subject to paragraphs 
(2) and (3)) if, at any time after the date of the enactment of 
this Act, the Government of Ethiopia engages in any of the 
following outrages:
          (A) Forced resettlement.
          (B) Forced confinement in any resettlement camp.
          (C) Diversion of international relief to the 
        military.
          (D) Denial of international relief to any persons at 
        risk because of famine.
          (E) Seizure of international relief assets provided 
        by the United States.
          (F) Prohibition of end-use monitoring of food 
        distribution by international relief personnel.
    (2) In imposing sanctions pursuant to paragraph (1) on 
imports from Ethiopia, the President shall give priority 
consideration to those products which constitute major imports 
from Ethiopia, unless the President determines that sanctions 
against such products would have an adverse effect on economic 
interests of the United States.
    (3) If a sanction imposed pursuant to paragraph (1) 
involves the prohibition or curtailment of exports to Ethiopia, 
that sanction may only be imposed under the authority and 
subject to the requirements of section 6 of the Export 
Administration Act of 1979.
    (c) Reports to Congress.--Not more than 15 days after the 
date of the enactment of this Act and at the end of each 90-day 
period thereafter, the President shall submit to Congress a 
report stating whether or not, during the 90-day period 
preceding the date of the report, the Government of Ethiopia 
engaged in any conduct described in subsection (b). Each such 
report shall describe the response of the United States to any 
such conduct.
    (d) Regulation Authority.--The President shall issue such 
regulations, licenses, and orders as are necessary to implement 
any sanction imposed under this section.
    (e) Expiration.--The authority provided by subsection (b) 
shall expire on June 1, 1990.
          * * * * * * *

       TITLE XIV--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

                    Part C--Miscellaneous Provisions

          * * * * * * *

SEC. 1436.\33\ NUCLEAR TEST BAN READINESS PROGRAM
---------------------------------------------------------------------------

    \33\42 U.S.C. 2121 note.
    Sec. 3140 of Public Law 102-190 (105 Stat. 1580) provided the 
following:
    ``sec. 3140. report on schedule for resumption of nuclear testing 
talks and test ban readiness program.
    ``(a) Sense of Congress.--It is the sense of Congress that the 
United States and the Soviet Union share a special responsibility to 
resume the Nuclear Testing Talks to continue negotiations toward 
additional limitations on nuclear weapons testing.
    ``(b) Report.--Not later than 60 days after the date of the 
enactment of this Act, the President shall submit to Congress a report 
containing a proposed schedule for resumption of the Nuclear Testing 
Talks and identifying the goals to be pursued in those talks.
    ``1(c) Nuclear Test Ban Readiness Program.--Of the funds 
appropriated to the Department of Energy for fiscal year 1992 for 
weapons activities, $20,000,000 shall be available to conduct the 
nuclear test ban readiness program established pursuant to section 1436 
of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 
100-456; 42 U.S.C. 2121 note).''.
---------------------------------------------------------------------------
    (a) Findings.--The Congress makes the following findings:
          (1) On September 17, 1987, the United States and the 
        Soviet Union announced that they would resume full-
        scale, stage-by-stage negotiations on issues relating 
        to nuclear testing, including further intermediate 
        limitations on nuclear testing leading to the ultimate 
        objective of a comprehensive nuclear test ban.
          (2) It was agreed that the first step in these 
        negotiations would be to reach agreement on 
        verification measures that will make possible the 
        ratification of the Threshold Test Ban Treaty of 1974 
        and the Peaceful Nuclear Explosions Treaty of 1976.
          (3) To achieve the agreement on verification 
        measures, the United States and the Soviet Union have 
        agree to design and conduct a Joint Verification 
        Experiment at the test sites of each country during the 
        summer of 1988.
          (4) At the Moscow summit in May 1988, President 
        Reagan and General Secretary Gorbachev reaffirmed their 
        commitment to negotiations on ``effective verification 
        measures which will make it possible to ratify the 
        Threshold Test Ban Treaty of 1974 and Peaceful Nuclear 
        Explosions Treaty of 1976, and proceed to negotiating 
        further intermediate limitations on nuclear testing 
        leading to the ultimate objective of the complete 
        cessation of nuclear testing as part of an effective 
        disarmament process''.
    (b) Establishment of Program.--The Secretary of Energy 
shall establish and support a program to assure that the United 
States is in a position to maintain the reliability, safety, 
and continued deterrent effect of its stockpile of existing 
nuclear weapons designs in the event that a low-threshold or 
comprehensive ban on nuclear explosives testing is negotiated 
and ratified within the framework agreed to by the United 
States and the Soviet Union.
    (c) Purposes of Program.--The purposes of the program under 
subsection (b) shall be the following:
          (1) To assure that the United States maintains a 
        vigorous program of stockpile inspection and non-
        explosive testing so that, if a low-threshold or 
        comprehensive test ban is entered into, the United 
        States remains able to detect and identify potential 
        problems in stockpile reliability and safety in 
        existing designs of nuclear weapons.
          (2) To assure that the specific materials, 
        components, processes, and personnel needed for the 
        remanufacture of existing nuclear weapons or the 
        substitution of alternative nuclear warheads are 
        available to support such remanufacture or substitution 
        if such action becomes necessary in order to satisfy 
        reliability and safety requirements under a low-
        threshold or comprehensive test ban agreement.
          (3) To assure that a vigorous program of research in 
        areas related to nuclear weapons science and 
        engineering is supported so that, if a low-threshold 
        comprehensive test ban agreement is entered into, the 
        United States is able to maintain a base of technical 
        knowledge about nuclear weapons design and nuclear 
        weapons effects.
    (d) Conduct of Program.--The Secretary of Energy shall 
carry out the program provided for in subsection (b). The 
program shall be carried out with the participation of 
representatives of the Department of Defense, the nuclear 
weapons production facilities, and the national nuclear weapons 
laboratories.
    (e)\34\ * * * [Repealed--1997]
---------------------------------------------------------------------------
    \34\Sec. 3152(i) of Public Law 105-85 (111 Stat. 2042) struck out 
subsec. (e), which had read as follows:
    ``(e) Annual Report.--The Secretary of Energy shall submit to 
Congress each year an unclassified report (with a classified annex as 
necessary) that describes the progress made to the date of the report 
in achieving the purposes of the program required to be established 
under subsection (b).''.
---------------------------------------------------------------------------
          * * * * * * *
           q. Department of Defense Appropriations Act, 1989

    Partial text of Public Law 100-463 [H.R. 4781], 102 Stat. 2270, 
  approved October 1, 1988; as amended by Public Law 100-526 [Defense 
   Authorization Amendments and Base Closure and Realignment Act, S. 
 2749], 102 Stat. 2623, approved October 24, 1988; Public Law 100-690 
   [Anti-Drug Abuse Act of 1988, H.R. 5210], 102 Stat 4181, approved 
    November 18, 1988; and by Public Law 104-106 [National Defense 
   Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
                       approved February 10, 1996

  AN ACT Making appropriations for the Department of Defense for the 
     fiscal year ending September 30, 1989, 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, 1989, for military functions administered by the 
Department of Defense, and for other purposes, namely:
          * * * * * * *

                               TITLE VIII

                           GENERAL PROVISIONS

          * * * * * * *
  Sec. 8125.\1\ (a)(1) Not later than March 1, 1989, the 
Secretary of Defense shall submit to Congress a report on the 
assignment of military missions among the member countries of 
North Atlantic Treaty Organization (NATO) and on the prospects 
for the more effective assignment of such missions among such 
countries.
---------------------------------------------------------------------------
    \1\10 U.S.C. 113 note.
---------------------------------------------------------------------------
  (2) The report shall include a discussion of the following:
          (A) The current assignment of military missions among 
        the member countries of NATO.
          (B) Military missions for which there is duplication 
        of capability or for which there is inadequate 
        capability within the current assignment of military 
        missions within NATO.
          (C) Alternatives to the current assignment of 
        military missions that would maximize the military 
        contributions of the member countries of NATO.
          (D) Any efforts that are underway within NATO or 
        between individual member countries of NATO at the time 
        the report is submitted that are intended to result in 
        a more effective assignment of military missions within 
        NATO.
  (b) The Secretary of Defense and the Secretary of State shall 
(1) conduct a review of the long-term strategic interests of 
the United States overseas and the future requirements for the 
assignment of members of the Armed Forces of the United States 
to permanent duty ashore outside the United States, and (2) 
determine specific actions that, if taken, would result in a 
more balanced sharing of defense and foreign assistance 
spending burdens by the United States and its allies. Not later 
than August 1, 1989, the Secretary of Defense and the Secretary 
of State shall transmit to Congress a report containing the 
findings resulting from the review and their determinations.
  (c) The President shall appoint an Ambassador at Large 
responsible to the President who shall have the responsibility 
for ensuring a more balanced sharing of defense costs by the 
NATO members, Japan, the Republic of Korea, and other countries 
allied to the United States. Such responsibilities shall 
include negotiations for burdensharing including increased in-
kind and financial support by such countries for Department of 
Defense military units and personnel assigned to permanent duty 
ashore outside the United States in support of the security of 
such countries, and multi-lateral foreign assistance costs: 
Provided, That the Ambassador at Large should review (1) trade 
restrictions that require German utilities to purchase German-
produced coal to the exclusion of foreign coal, including 
United States coal, and (2) the extent to which the tax on 
electricity used to subsidize German coal producers is borne by 
American military installations, American military dependents, 
or American civilians who support our military installations. 
The Ambassador at Large should prepare an economic analysis on 
the comparison of using German versus United States coal at 
defense facilities in Europe. This analysis should address the 
issues of all direct subsidies provided on German coal and 
restrictions imposed on imported coal and should be submitted 
to the Department of Defense, State, and Commerce for use in 
their study on the economic benefits of using coal at defense 
facilities in Europe.
  (d) The President shall specify (separately by appropriation 
account) in the Department of Defense items included in the 
budgets submitted to Congress under section 1105 of title 31, 
United States Code, for fiscal years after fiscal year 1989 the 
amounts necessary for payment of all personnel, operations, 
maintenance, facilities, and support costs for Department of 
Defense overseas military units, and the costs for all 
dependents who accompany Department of Defense personnel 
outside the United States.
  (e) Not later than May 1, 1989, the Secretary of Defense 
shall submit to the Committees on Armed Services and on 
Appropriations of the Senate and the House of 
Representatives\2\ a report that sets forth the total costs 
required to support the dependents who accompany Department of 
Defense personnel assigned to permanent duty overseas.
---------------------------------------------------------------------------
    \2\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.
---------------------------------------------------------------------------
  (f) As of September 30 of each fiscal year after fiscal year 
1989, the number of members of the Armed Forces on active duty 
assigned to permanent duty ashore in Japan and the Republic of 
Korea may not exceed 94,450 (the number of members of the Armed 
Forces on active duty assigned to permanent duty ashore in 
Japan and the Republic of Korea on September 30, 1987). The 
limitation provided for the preceding sentence may be increased 
if and when a major reduction of United States forces in the 
Republic of the Philippines is required because of a loss of 
basing rights in that nation, and the President determines and 
certifies to Congress that, as a consequence of such loss, an 
increase in United States forces stationed in Japan and the 
Republic of Korea is necessary.
  (g)(1) After fiscal year 1990, Department of Defense budget 
submissions to Congress under section 1105 of title 31, United 
States Code, shall identify funds requested for Department of 
Defense personnel and units in permanent duty stations ashore 
outside the United States that exceed the amount of such costs 
incurred in fiscal year 1989, and shall detail: (A) a 
description of the types of expenditures increased, by 
appropriation account, activity and program; and (B) specific 
efforts to obtain allied host nations' financing for these cost 
increases.
  (2) The Secretary of Defense shall notify in advance the 
Committee on Appropriations and the Committee on Armed Services 
of the Senate and the Committee on Appropriations and the 
Committee on National Security of the House of 
Representatives\3\ through existing notification procedures, 
when costs of maintaining Department of Defense personnel and 
units in permanent duty stations ashore will exceed the amounts 
as defined in the Department of Defense budget as enacted for 
that fiscal year. Such notification shall describe: (A) the 
type of expenditures that increased; and (B) the source of 
funds (including prior year unobligated balances) by 
appropriation account, activity and program, proposed to 
finance these costs.
---------------------------------------------------------------------------
    \3\Sec. 1502(f)(1) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 509) struck out 
``Committees on Appropriations and Armed Services of the Senate and 
House of Representatives'' and inserted in lieu thereof ``Committee on 
Appropriations and the Committee on Armed Services of the Senate and 
the Committee on Appropriations and the Committee on National Security 
of the House of Representatives''.
---------------------------------------------------------------------------
  (3) In computing the costs incurred for maintaining 
Department of Defense personnel and forces in permanent duty 
stations ashore outside the United States compared with the 
amount of such costs incurred in fiscal year 1989, the 
Secretary shall--
          (A) exclude increased costs resulting from increases 
        in the rates of pay provided for members of the Armed 
        Forces and civilian employees of the United States 
        Government and exclude any cost increases in supplies 
        and services resulting from inflation; and
          (B) include (i) the costs of operation and 
        maintenance and of facilities for the support of 
        Department of Defense overseas personnel, and (ii) 
        increased costs resulting from any decline in the 
        foreign exchange rate of the United States dollar.
  (h) The provisions of subsections (f) and (g) shall not apply 
in time of war or during a national emergency declared by the 
President or Congress.
  (i) In this section--
          (1) the term ``personnel'' means members of the Armed 
        Forces of the United States and civilian employees of 
        the Department of Defense;
          (2) the term ``Department of Defense overseas 
        personnel'' means those Department of Defense personnel 
        who are assigned to permanent duty ashore outside the 
        United States; and
          (3) the term ``United States'' includes the District 
        of Columbia, the Commonwealth of Puerto Rico, and the 
        territories and possessions of the United States.
          * * * * * * *
  r. National Defense Authorization Act for Fiscal Years 1988 and 1989

    Partial text of Public Law 100-180 [H.R. 1748], 101 Stat. 1019, 
 approved December 4, 1987; as amended by Public Law 100-456 [National 
  Defense Authorization Act, Fiscal Year 1989; H.R. 4481], 102 Stat. 
1918, approved September 29, 1988; Public Law 103-199 [FRIENDSHIP Act; 
 H.R. 3000], 107 Stat. 2317, approved December 17, 1993; and by Public 
 Law 104-106 [National Defense Authorization Act for Fiscal Year 1996; 
          S. 1124], 110 Stat. 186, approved February 10, 1996

 AN ACT To authorize appropriations for fiscal years 1988 and 1989 for 
    military activities of the Department of Defense, for military 
 construction, and for defense activities of the Department of Energy, 
 to prescribe personnel strengths for such fiscal years for the Armed 
                    Forces, and for other purposes.

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

                          TITLE I--PROCUREMENT

                     Part A--Funding Authorizations

          * * * * * * *

SEC. 107. AUTHORIZATION OF FUNDS FOR CHEMICAL DEMILITARIZATION PROGRAM

    Funds are hereby authorized to be appropriated to the 
Secretary of Defense for fiscal year 1988 for the destruction 
of lethal chemical agents and munitions in accordance with 
section 1412 of the Department of Defense Authorization Act, 
1986 (Public Law 99-145; 99 Stat. 747), in the amount of 
$125,100,000, of which--
          (1) $94,100,000 shall be for operation and 
        maintenance;
          (2) $11,500,000 shall be for research, development, 
        test and evaluation; and
          (3) $19,500,000 shall be for procurement.
          * * * * * * *

                    Part C--Miscellaneous Provisions

          * * * * * * *

SEC. 125.\1\ REVISION OF CHEMICAL DEMILITARIZATION PROGRAM

    (a) Definition.--For purposes of this section, the term 
``chemical stockpile demilitarization program'' means the 
program established by section 1412 of the Department of 
Defense Authorization Act, 1986 (50 U.S.C. 1521), to provide 
for the destruction of the United States' stockpile of lethal 
chemical agents and munitions.
---------------------------------------------------------------------------
    \1\50 U.S.C. 1521 note.
---------------------------------------------------------------------------
    (b) Environmental Impact Statement.--The Secretary of 
Defense shall issue the final Programmatic Environmental Impact 
Statement on the chemical stockpile demilitarization program by 
January 1, 1988. The Environmental Impact Statement shall be 
prepared in accordance with all applicable laws.
    (c) Disposal Technologies.--(1) Funds appropriated pursuant 
to this Act or otherwise made available for fiscal year 1988 
for the chemical stockpile demilitarization program may not be 
obligated for procurement or for an Army military construction 
project at a military installation or facility inside the 
continental United States until the Secretary of Defense 
certifies to Congress in writing that the concept plan under 
the program includes the following:
          (A) Evaluation of alternate technologies for disposal 
        of the existing stockpile and selection of the 
        technology or technologies to be used for such purpose.
          (B) Full-scale operational verification of the 
        technology or technologies selected for such disposal.
          (C) Maximum protection for public health and the 
        environment.
    (2) The limitation in paragraph (1) shall not apply with 
respect to the obligation of funds for the technology 
evaluation or development program.
    (d) Alternative Concept Plan.--The Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives\2\ an alternative concept plan for 
the chemical stockpile demilitarization program. The 
alternative concept plan shall--
---------------------------------------------------------------------------
    \2\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) incorporate the requirements of subsections (b) 
        and (c); and
          (2) specify any revised schedule or revised funding 
        requirement necessary to enable the Secretary to meet 
        the requirements of subsections (b) and (c).
The alternative concept plan shall be submitted by March 15, 
1988.
    (e) Surveillance and Assessment Program.--The Secretary of 
Defense shall conduct an ongoing comprehensive program of--
          (1) surveillance of the existing United States 
        stockpile of chemical weapons; and
          (2) assessment of the condition of the stockpile.

SEC. 126.\3\ WITHDRAWAL OF EUROPEAN CHEMICAL STOCKPILE

    Chemical munitions of the United States stored in Europe on 
the date of the enactment of this Act should not be removed 
from Europe unless such munitions are replaced 
contemporaneously with binary chemical munitions stationed on 
the soil of at least one European member nation of the North 
Atlantic Treaty Organization.
---------------------------------------------------------------------------
    \3\50 U.S.C. 1513 note.
---------------------------------------------------------------------------
          * * * * * * *

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

             Part A--Authorizations and Program Limitations

          * * * * * * *

SEC. 207. FUNDS FOR COOPERATIVE PROJECTS WITH MAJOR NON-NATO ALLIES

    Of the funds appropriated pursuant to the authorizations of 
appropriations for fiscal year 1988 in section 201, up to 
$40,000,000 shall be available for cooperative research and 
development projects with major non-NATO allies under section 
1105 of the National Defense Authorization Act for Fiscal Year 
1987 (Public Law 99-961).\4\
---------------------------------------------------------------------------
    \4\Should read Public Law 99-661. Sec. 1105 was repealed in 1989.
---------------------------------------------------------------------------

SEC. 208.\5\ ONE-YEAR UNITED STATES MORATORIUM ON TESTING ANTISATELLITE 
                    WEAPONS

    (a) Testing Moratorium.--The Secretary of Defense may not 
carry out a test of the Space Defense System (antisatellite 
weapon) involving the F-15 launched miniature homing vehicle 
against an object in space until the President certifies to 
Congress that the Soviet Union has conducted, after the date of 
the enactment of this Act, a test against an object in space of 
a dedicated antisatellite weapon.
---------------------------------------------------------------------------
    \5\10 U.S.C. 2431 note.
---------------------------------------------------------------------------
    (b) Expiration.--The prohibition in subsection (a) expires 
on October 1, 1988.

                        Part B--Program Policies

          * * * * * * *

SEC. 220. SENSE OF CONGRESS ON STRATEGIC MISSILE MODERNIZATION PROGRAMS

    (a) Findings.--The Congress makes the following findings:
          (1) It is essential that the nation's defense 
        priorities be carefully analyzed so as to properly fund 
        the Armed Forces.
          (2) The capabilities of the conventional forces of 
        the United States and its allies will become more 
        important if an agreement with respect to intermediate- 
        range nuclear forces (INF) is concluded between the 
        United States and the Soviet Union.
          (3) It is both desirable and possible to reduce the 
        reliance of the North Atlantic Treaty Organization on 
        nuclear weapons for the defense of all members of the 
        alliance if the member nations of the alliance assert 
        the political will to reduce such reliance and 
        establish sound defense priorities.
          (4) The United States is currently procuring and 
        deploying one land- based intercontinental ballistic 
        missile system (the MX system) at significant cost 
        while developing another such system (the so-called 
        Midgetman system) at significant additional cost.
          (5) Efforts to reduce the Federal budget deficit, 
        which are imperative for the economic well being of the 
        United States, will continue for the foreseeable future 
        to require limits on all discretionary Federal 
        spending, including defense spending.
    (b) Sense of Congress.--In light of the findings in 
subsection (a), it is the sense of Congress that the 
authorization of funds in this Act for research and development 
for both the new small mobile intercontinental ballistic 
missile (commonly known as the ``Midgetman'' missile) and the 
proposed rail-mobile basing mode for the MX missile does not 
constitute a commitment or express an intent by Congress to 
provide funds to procure and deploy the Midgetman missile or to 
deploy any MX missiles in a rail-mobile basing mode or both.

                  Part C--Strategic Defense Initiative

    Subpart 1--SDI Funding and Program Limitations and Requirements

SEC. 221. FISCAL YEAR 1988 FUNDING LEVEL FOR THE STRATEGIC DEFENSE 
                    INITIATIVE

    (a) Amount Authorized.--Of the amounts appropriated 
pursuant to section 201 or otherwise made available to the 
Department of Defense for research, development, test, and 
evaluation for fiscal year 1988, not more than $3,621,000,000 
may be obligated for the Strategic Defense Initiative.
    (b) Specified Activities.--Of the funds available for the 
Strategic Defense Initiative program under subsection (a)--
          (1) $27,000,000 shall be available only for a 
        classified laser program;
          (2) $15,000,000 shall be available only for medical 
        applications of the free electron laser program for 
        medical research and material; and
          (3) $17,000,000 is available for defense-wide mission 
        support for the Strategic Defense Initiative.
    (c) Defense-Wide Mission Support.--Of the amount 
appropriated for Defense Agencies for fiscal year 1987, 
$16,000,000 may be used for defense-wide mission support for 
the Strategic Defense Initiative.

SEC. 222.\6\ PROHIBITION OF CERTAIN CONTRACTS WITH FOREIGN ENTITIES

    (a) SDI Contracts With Foreign Entities.--Funds 
appropriated to or for the use of the Department of Defense may 
not be used for the purpose of entering into or carrying out 
any contract with a foreign government or a foreign firm if the 
contract provides for the conduct of research, development, 
test, or evaluation in connection with the Strategic Defense 
Initiative program.
---------------------------------------------------------------------------
    \6\10 U.S.C. 2431 note.
---------------------------------------------------------------------------
    (b) Temporary Suspension of Prohibition Upon Certification 
of the Secretary of Defense.--The prohibition in subsection (a) 
shall not apply to a contract in any fiscal year if the 
Secretary of Defense certifies to Congress in writing at any 
time during such fiscal year that the research, development, 
testing, or evaluation to be performed under such contract 
cannot be competently performed by a United States firm at a 
price equal to or less than the price at which the research, 
development, testing, or evaluation would be performed by a 
foreign firm.
    (c) Exceptions for Certain Contracts.--The prohibition in 
subsection (a) shall not apply to a contract awarded to a 
foreign government or foreign firm if--
          (1) the contract is to be performed within the United 
        States;
          (2) the contract is exclusively for research, 
        development, test, or evaluation in connection with 
        antitactical ballistic missile systems; or
          (3) that foreign government or foreign firm agrees to 
        share a substantial portion of the total contract cost.
    (d) Definitions.--In this section:
          (1) The term ``foreign firm'' means a business entity 
        owned or controlled by one or more foreign nationals or 
        a business entity in which more than 50 percent of the 
        stock is owned or controlled by one or more foreign 
        nationals.
          (2) The term ``United States firm'' means a business 
        entity other than a foreign firm.
    (e) Transition.--The prohibition in subsection (a) shall 
not apply to a contract entered into before the date of the 
enactment of this Act.

SEC. 223.\6\,\7\ LIMITATION ON TRANSFER OF CERTAIN MILITARY 
                    TECHNOLOGY TO INDEPENDENT STATES OF THE FORMER 
                    SOVIET UNION.

    Military technology developed with funds appropriated or 
otherwise made available for the Ballistic Missile Defense 
Program may not be transferred (or made available for transfer) 
to Russia or any other independent state of the former Soviet 
Union by the United States (or with the consent of the United 
States) unless the President determines, and certifies to the 
Congress at least 15 days prior to any such transfer, that such 
transfer is in the national interest of the United States and 
is to be made for the purpose of maintaining peace.
---------------------------------------------------------------------------
    \7\Sec. 203(a)(1) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2321) amended and restated sec. 223. It formerly read as follows:
    ``sec. 223. limitation on transfer of sdi technology to soviet 
union
    ``Military technology developed with funds appropriated or 
otherwise made available for the Strategic Defense Initiative may not 
be transferred, or made available for transfer, to the Soviet Union by 
the United States (or with the consent of the United States) unless--
---------------------------------------------------------------------------

          ``(1) the President determines, and certifies to Congress, 
        that the transfer is in the national interest of the United 
        States and is to be made for the purpose of maintaining peace; 
        and
          ``(2) Congress approves that determination by a joint 
        resolution.''.

SEC. 224.\6\ SDI ARCHITECTURE TO REQUIRE HUMAN DECISION MAKING

    No agency of the Federal Government may plan for, fund, or 
otherwise support the development of command and control 
systems for strategic defense in the boost or post-boost phase 
against ballistic missile threats that would permit such 
strategic defenses to initiate the directing of damaging or 
lethal fire except by affirmative human decision at an 
appropriate level of authority.

SEC. 225. DEVELOPMENT AND TESTING OF ANTI-BALLISTIC MISSILE SYSTEMS OR 
                    COMPONENTS

    (a) Use of Funds.--(1) Funds appropriated to the Department 
of Defense for fiscal year 1988, or otherwise made available to 
the Department of Defense from any funds appropriated for 
fiscal year 1988 or for any fiscal year before fiscal year 
1988, shall be subject to the limitations prescribed in 
paragraph (2).
    (2) The funds described in paragraph (1) may not be 
obligated or expended--
          (A) for any development or testing of anti-ballistic 
        missile systems or components except for development 
        and testing consistent with the development and testing 
        described in the April 1987 SDIO Report; or
          (B) for the acquisition of any material or equipment 
        (including any long lead materials, components, piece 
        parts, test equipment, or any modified space launch 
        vehicle) required or to be used for the development or 
        testing of anti- ballistic missile systems or 
        components, except for material or equipment required 
        for development or testing consistent with the 
        development and testing described in the April 1987 
        SDIO Report.
    (3) The limitation under paragraph (2) shall not apply to 
funds transferred to or for the use of the Strategic Defense 
Initiative for fiscal year 1988 if the transfer is made in 
accordance with section 1201 of this Act and any comparable 
provision in legislation appropriating funds for military 
functions of the Department of Defense for fiscal year 1988.
    (b) Definition.--As used in this section, the term ``April 
1987 SDIO Report'' means the report entitled ``Report to 
Congress on the Strategic Defense Initiative'', dated April 
1987, prepared by the Strategic Defense Initiative Organization 
and submitted to certain committees of the Senate and House of 
Representatives pursuant to section 1102 of the Department of 
Defense Authorization Act, 1985 (Public Law 98-525; 10 U.S.C. 
2431 note).
---------------------------------------------------------------------------
    \8\Sec. 253(3) of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 234) repealed sec. 226, which 
had prohibited the Secretary of Defense from deploying any anti-
ballistic missile system unless such deployment was specifically 
authorized by law.
---------------------------------------------------------------------------

SEC. 226.\8\ * * * [Repealed--1996]

SEC. 227.\6\ ESTABLISHMENT OF A FEDERALLY FUNDED RESEARCH AND 
                    DEVELOPMENT CENTER TO SUPPORT THE STRATEGIC DEFENSE 
                    INITIATIVE PROGRAM

    (a) Findings.--The Congress makes the following findings:
          (1) The Department of Defense requires technical 
        support for issues of system integration related to the 
        Strategic Defense Initiative program.
          (2) The Strategic Defense Initiative Organization, 
        after assessing alternative types of organizations for 
        the provision of such technical support to the 
        Strategic Defense Initiative program (including 
        Government organizations, profit and nonprofit entities 
        (including existing federally funded research and 
        development centers), a new division within an existing 
        federally funded research and development center, a new 
        federally funded research and development center, 
        colleges and universities, and private nonprofit 
        laboratories), determined that a new federally funded 
        research and development center (hereinafter in this 
        section referred to as an ``FFRDC'') would be the type 
        of organization most appropriate for the provision of 
        such technical support to the Strategic Defense 
        Initiative program.
          (3) In providing such technical support to the SDI 
        program, the new FFRDC should provide critical 
        evaluation and rigorous and objective analysis of 
        technologies, systems, and architectures that are 
        candidates for use in the SDI program.
          (4) Competitive selection of a contractor to 
        establish and operate such an FFRDC to support the 
        Strategic Defense Initiative program is one way to 
        enhance the prospects for independent and objective 
        evaluation of system integration issues within the 
        Strategic Defense Initiative program.
    (b) Authority To Contract for FFRDC.--The Secretary of 
Defense, using funds appropriated to the Department of Defense 
for the Strategic Defense Initiative program, may enter into a 
contract to provide for the establishment and operation of a 
federally funded research and development center to provide 
independent and objective technical support to the Strategic 
Defense Initiative program. Such a contract may not be awarded 
before October 1, 1989.
    (c) Contract Award Requirements.--(1) A contract under 
subsection (b) shall be awarded using competitive procedures 
which emphasize cost considerations.
    (2) The Secretary of Defense shall solicit proposals for 
such contract from existing federally funded research and 
development centers, from universities, from commercial 
entities, and from appropriate new organizations and shall make 
maximum efforts to obtain more than one proposal for such 
contract.
    (3) The Secretary shall submit the three best contract 
proposals (as determined by the Secretary), together with a 
copy of the proposed sponsoring agreement for the new FFRDC, 
for review by three persons designated by the Defense Science 
Board from a list of six or more persons submitted by the 
National Academy of Sciences. The persons performing the 
review--
          (A) shall evaluate the extent to which each proposal 
        and the proposed sponsoring agreement would foster 
        competent and objective technical advice for the 
        Strategic Defense Initiative Program; and
          (B) shall report their evaluation of each such 
        proposal and of the proposed sponsoring agreement to 
        the Secretary.
    (4) Before awarding a contract under subsection (b), and 
not sooner than March 30, 1989, the Secretary shall submit to 
Congress--
          (A) a copy of the proposed final contract; and
          (B) a copy of the proposed final sponsoring agreement 
        relating to the operation of the new FFRDC.
    (5)(A) The Secretary shall then withhold the award of such 
contract and the approval of such sponsoring agreement for a 
period of at least 30 days of continuous session of Congress 
beginning on the day after the date on which Congress receives 
the copies referred to in paragraph (4).
    (B) For purposes of subparagraph (A), the continuity of a 
session of Congress is broken only by an adjournment sine die 
at the end of the second regular session of that Congress. In 
computing the 30-day period for such purposes, days on which 
either House of Congress is not in session because of an 
adjournment of more than three days to a day certain shall be 
excluded.
    (d) Requirements Applicable to FFRDC.--The Secretary of 
Defense shall--
          (1) require that the contract referred to in 
        subsection (b) include a provision stating that no 
        officer or employee of the Department of Defense shall 
        have the authority to veto the employment of any person 
        selected to serve as an officer or employee of the new 
        FFRDC;
          (2) require that at least 5 percent of the total 
        amount of funds available for the new FFRDC shall be 
        set aside for independent research to be performed by 
        the staff of the new FFRDC under the direction of the 
        chief executive officer of the new FFRDC;
          (3) impose a limitation on the compensation payable 
        to each senior executive of the new FFRDC for services 
        performed for the new FFRDC so that such compensation 
        shall be comparable to the amount of compensation 
        payable to senior executives of comparable federally 
        funded research and development centers for similar 
        services;
          (4) require that the new FFRDC publicly disclose the 
        salary of its chief executive officer;
          (5) prohibit current or former members of the 
        Strategic Defense Initiative Advisory Committee from 
        serving as members of the Board of Trustees of the 
        FFRDC if such members constitute 10 or more percent of 
        the Board of Trustees or from serving as officers of 
        the new FFRDC;
          (6) require that the contract referred to in 
        subsection (b) include a provision prohibiting members 
        of such Board of Trustees from serving as officers of 
        the new FFRDC, except that a Board member may serve as 
        the President of the new FFRDC if the Board is 
        comprised of 10 or more members;
          (7) require that the contract referred to in 
        subsection (b) include a provision prohibiting the new 
        FFRDC from employing any person who, as a Federal 
        employee or member of the Armed Forces, served in the 
        Strategic Defense Initiative Organization within two 
        years before the date on which such person is to be 
        employed by the new FFRDC; and
          (8) require that any contract referred to in 
        subsection (b) require that the Board of Trustees of 
        the new FFRDC be comprised of individuals who represent 
        a reasonable cross-section of views on the engineering 
        and scientific issues associated with the Strategic 
        Defense Initiative Program.
    (e) Funding.--The Secretary of Defense shall provide that 
all funds for the new FFRDC within the Department of Defense 
budget for any fiscal year shall be separately identified and 
set forth in the budget presentation materials submitted to 
Congress for that fiscal year.
    (f) Sunset Provision.--No Federal funds may be provided to 
the new FFRDC after the end of the five-year period beginning 
on the date of the award of the first contract awarded to the 
FFRDC under this section.

                     Subpart 2--Report Requirements

SEC. 231.\6\ ANNUAL REPORT ON SDI PROGRAMS

    (a) In General.--Not later than March 15, 1988, and March 
15, 1989, the Secretary of Defense shall transmit to Congress a 
report (in both an unclassified and a classified form) on the 
programs that constitute the Strategic Defense Initiative and 
on any other program relating to defense against ballistic 
missiles. Each such report shall include the following:
          (1) A detailed description of each program or project 
        included in the Strategic Defense Initiative (SDI) or 
        which otherwise relates to defense against strategic 
        ballistic missiles, including a technical evaluation of 
        each such program or project and an assessment as to 
        when each can be brought to the stage of full-scale 
        engineering development (assuming funding as requested 
        or programmed).
          (2) A clear definition of the objectives of each 
        phase of the Strategic Defense Initiative Organization 
        plan approved by the Defense Acquisition Board.
          (3) An explanation of the relationship between each 
        such objective and each program and project associated 
        with the Strategic Defense Initiative or defense 
        against strategic ballistic missiles.
          (4) The status of consultations with other member 
        nations of the North Atlantic Treaty Organization, 
        Japan, and other appropriate allies concerning research 
        being conducted in the Strategic Defense Initiative 
        program.
          (5) A statement of the compliance of the planned SDI 
        development and testing programs with existing arms 
        control agreements, including the Antiballistic Missile 
        Treaty.
          (6) A review of possible countermeasures of the 
        Soviet Union to specific SDI programs, an estimate of 
        the time and cost required for the Soviet Union to 
        develop each such countermeasure, and an evaluation of 
        the adequacy of the SDI programs described in the 
        report to respond to such countermeasures.
          (7) Details regarding funding of programs and 
        projects for the Strategic Defense Initiative, 
        including--
                  (A) the level of funding provided for the 
                current fiscal year and for previous fiscal 
                years for each program and project in the 
                Strategic Defense Initiative budgetary 
                presentation materials provided to Congress;
                  (B) the amount requested to be appropriated 
                for each such program and project for the next 
                fiscal year;
                  (C) the amount programmed to be requested for 
                each such program and project for the following 
                fiscal year; and
                  (D) the amount required to reach the next 
                significant milestone for each demonstration 
                program and each major technology program.
          (8) Details on what Strategic Defense Initiative 
        technologies can be developed or deployed within the 
        next 5 to 10 years to defend against significant 
        military threats and help accomplish critical military 
        missions. The missions to be considered include--
                  (A) defending elements of the Armed Forces 
                abroad and United States allies against 
                tactical ballistic missiles, particularly new 
                and highly accurate Soviet shorter range 
                ballistic missiles armed with conventional, 
                chemical, or nuclear warheads;
                  (B) defending against an accidental launch of 
                strategic ballistic missiles against the United 
                States;
                  (C) defending against a limited but 
                militarily effective Soviet attack aimed at 
                disrupting the National Command Authority or 
                other valuable military assets;
                  (D) providing sufficient warning and tracking 
                information to defend or effectively evade 
                possible Soviet attacks against military 
                satellites, including those in high orbits;
                  (E) providing early warning and attack 
                assessment information and the necessary 
                survivable command, control, and communications 
                to facilitate the use of United States military 
                forces in defense against possible Soviet 
                conventional or strategic attacks;
                  (F) providing protection of United States 
                population from a Soviet nuclear attack; and
                  (G) any other significant near-term military 
                mission that the application of SDI 
                technologies might help to accomplish.
          (9) For each of the near-term military missions 
        listed in paragraph (8), the report shall include--
                  (A) a list of specific program elements of 
                the Strategic Defense Initiative that are 
                pertinent to these applications;
                  (B) the Secretary's estimate of the initial 
                operating capability dates for the 
                architectures or systems to accomplish such 
                missions;
                  (C) the Secretary's estimate of the level of 
                funding necessary for each program to reach 
                those operating capability dates; and
                  (D) the Secretary's estimate of the 
                survivability and cost effectiveness at the 
                margin of such architectures or systems against 
                current and projected Soviet threats.
          * * * * * * *

SEC. 232. REPORT ON SDI DEVELOPMENT PLANS AND COSTS

    (a) Report Requirement.--The Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives\9\ a report on the total cost to 
develop, produce, deploy, operate, and maintain the ballistic 
missile defense system that would incorporate the technologies 
approved by the Secretary of Defense in authorizing proceeding 
into the demonstration/validation phase of the acquisition 
process. Should this system not be sufficiently defined, the 
system described in the 1987 report entitled ``Report of the 
Technical Panel on Missile Defense in the 1990s'', prepared by 
the George C. Marshall Institute, should be used as a basis for 
determining cost.
---------------------------------------------------------------------------
    \9\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.
---------------------------------------------------------------------------
    (b) Deadline for Report; Classification.--The report under 
subsection (a) shall be submitted no later than six months 
after the date of the enactment of this Act and shall be 
submitted in unclassified form.

SEC. 233. REPORT ON HOW ABSENCE OF THE ABM TREATY WOULD AFFECT 
                    STRATEGIC OFFENSIVE AND DEFENSIVE PROGRAMS

    (a) Report on No ABM Treaty Limitations.--The Secretary of 
Defense shall submit to Congress a report concerning what the 
effect would be on strategic offensive and defensive programs 
of the United States if there were no limitations on strategic 
defensive systems in force under the 1972 ABM Treaty.
    (b) Matters To Be Included.--The report shall include the 
following:
          (1) An analysis of the ramifications of there being 
        no limitation in force under the 1972 ABM Treaty on 
        development under the Strategic Defense Initiative 
        (SDI) program of strategic defenses, including 
        comprehensive strategic defense systems and more 
        limited defenses designed to protect vital military and 
        command and control assets of the United States.
          (2) A comparison (based on the analysis made under 
        paragraph (1)) of the research and development programs 
        that could be pursued under the SDI program under the 
        limitations applicable under the restrictive 
        interpretation of the 1972 ABM Treaty, under the less 
        restrictive interpretation of such treaty, and under a 
        case in which there were no such limitations, including 
        a comparative analysis of--
                  (A) the overall cost of such research and 
                development programs;
                  (B) the schedule of such research and 
                development programs; and
                  (C) the level of confidence attained in such 
                research and development programs with respect 
                to supporting a decision to commence full-scale 
                engineering development under such programs in 
                the early-to-mid 1990s.
          (3) A list of options for the SDI program, assuming 
        that there are no limitations in force under the 1972 
        ABM Treaty, that meet one or more of the following 
        objectives:
                  (A) Reduction of overall development cost.
                  (B) Advancement of the schedule for making a 
                decision to commence full-scale engineering 
                development.
                  (C) Increase in the level of confidence in 
                the results of the research by the original 
                scheduled date for the commencement of full-
                scale development.
          (4) An analysis of how rapidly, in the absence of 
        limitations under the 1972 ABM Treaty, the Soviet Union 
        could deploy a nationwide anti-ballistic missile 
        defense of military and nonmilitary targets and the 
        consequences of such a deployment. The analysis should 
        include an assessment of the following:
                  (A) The effect of such deployment on the 
                confidence of the United States that, should 
                deterrence that depends increasingly on 
                defensive forces fail, the planned strategic 
                nuclear forces of the United States would be 
                sufficient to hold assets that the leaders of 
                the Soviet Union value at risk following a 
                first strike by the Soviet Union against the 
                United States.
                  (B) The changes that must be made to the 
                strategic offensive forces of the United States 
                to hold assets that the leaders of the Soviet 
                Union value at risk in the presence of 
                strategic defenses. The analysis should include 
                both the cost of those changes and the time 
                period scale over which they could be 
                accomplished.
                  (C) The consistency of the required changes 
                to United States strategic offensive forces of 
                the United States described under subparagraph 
                (B) with the current United States negotiating 
                position in the Strategic Arms Reduction 
                (START) negotiations.
                  (D) The degree to which crisis stability 
                would be affected during the transition period 
                between the appearance of nationwide anti-
                ballistic missile defenses by both the United 
                States and the Soviet Union and the completion 
                of the changes that the United States would 
                make to its strategic offensive forces in 
                response to such defenses by the Soviet Union.
          (5) An analysis of the effect on deterrence of 
        nuclear conflict if both the United States and Soviet 
        Union deploy strategic defenses of comparable 
        capability, considering both less capable and highly 
        capable strategic defenses, as well as appropriate 
        transition issues (including the effect on deterrence 
        of the potential vulnerability of strategic defenses).
    (c) Deadline for Report.--The report under subsection (a) 
shall be submitted not later than March 1, 1988.
    (d) Report Classification.--The report under subsection (a) 
shall be submitted in both classified and unclassified 
versions.
    (e) 1972 ABM Treaty Defined.--In this section, the term 
``1972 ABM Treaty'' means the Treaty Between the United States 
of America and the Union of Soviet Socialist Republics on the 
Limitation of Anti-Ballistic Missiles, signed at Moscow on May 
26, 1972.

SEC. 234. REPORT ON ALLOCATION OF FY88 FUNDING

    (a) In General.--The Secretary of Defense shall submit to 
the Committees on Armed Services and on Appropriations of the 
Senate and the House of Representatives\10\ a report on the 
allocation of funds appropriated for the Strategic Defense 
Initiative for fiscal year 1988. The report shall set out the 
amount of such funds allocated for each program, project, or 
activity of the Strategic Defense Initiative within each 
appropriation account.
---------------------------------------------------------------------------
    \10\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.
---------------------------------------------------------------------------
    (b) Deadline for Report.--The report required by subsection 
(a) shall be submitted not later than 90 days after the date of 
the enactment of legislation appropriating funds for the 
Strategic Defense Initiative for fiscal year 1988.
          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

               Part C--Humanitarian and Other Assistance

SEC. 331. EXTENSION OF AUTHORIZATION FOR HUMANITARIAN ASSISTANCE

    (a) Authorization of Funds.--There is authorized to be 
appropriated to the Department of Defense for fiscal year 1988 
the sum of $13,000,000 for the purpose of providing 
transportation for humanitarian relief for persons displaced or 
who are refugees because of the invasion of Afghanistan by the 
Soviet Union. Of this sum, not more than $3,000,000 is 
authorized to be used for distribution of humanitarian relief 
supplies to the non-Communist resistance organizations at or 
near the border between Thailand and Cambodia.
    (b) Authority to Transfer Funds.--The Secretary of Defense 
is authorized to transfer to the Secretary of State not more 
than $3,000,000 of the funds appropriated pursuant to the 
authorization in this section to provide for (1) paying for 
administrative costs of providing the transportation described 
in subsection (a), and (2) the purchase or other acquisition of 
transportation assets for the distribution of relief supplies 
in the country of destination.
    (c) Transportation Under Direction of the Secretary of 
State.--Transportation provided with funds appropriated 
pursuant to the authorization in this section shall be under 
the direction of the Secretary of State.
    (d) Means of Transportation To Be Used.--Transportation for 
humanitarian relief provided with funds appropriated pursuant 
to the authorization in this section shall be by the most 
economical commercial or military means available, unless the 
Secretary of State determines that it is in the national 
interest of the United States to use means other than the most 
economical available. Such means may include the use of 
aircraft and personnel of the reserve components of the Armed 
Forces.
    (e) Availability of Funds.--Amounts appropriated pursuant 
to the authorization in subsection (a) shall remain available 
until expended, to the extent provided in appropriations Acts.
    (f) Reports.--The Secretary of Defense shall submit to the 
Committees on Armed Services and Foreign Relations of the 
Senate and the Committees on Armed Services and Foreign Affairs 
of the House of Representatives\11\ two reports, one of which 
shall be submitted not later than 60 days after the date of the 
enactment of this Act and the other not later than June 1, 
1988. Each such report shall contain (as of the date on which 
the report is submitted) the following information:
---------------------------------------------------------------------------
    \11\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. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------
          (1) The total amount of funds obligated for 
        humanitarian relief under this section and section 331 
        of the National Defense Authorization Act for Fiscal 
        Year 1987 (Public Law 99-661; 100 Stat. 3856).
          (2) The number of scheduled and completed flights for 
        purposes of providing humanitarian relief under this 
        section and section 331 of such Act.
          (3) A description of any transfer (including to whom 
        the transfer is made) of excess nonlethal supplies of 
        the Department of Defense made available for 
        humanitarian relief purposes under section 2547 of 
        title 10, United States Code.

SEC. 332.\12\ * * *
---------------------------------------------------------------------------

    \12\Sec. 332 added a new section 402 to title 10, U.S.C., and made 
other technical changes to sec. 401.
---------------------------------------------------------------------------
          * * * * * * *

             TITLE IX--MATTERS RELATING TO ARMS CONTROL\13\
---------------------------------------------------------------------------

    \13\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. F.
---------------------------------------------------------------------------
          * * * * * * *

      TITLE X--MATTERS RELATING TO NATO COUNTRIES AND OTHER ALLIES

                        Part A--NATO Deterrence

SEC. 1001. REPORT ON REQUIREMENTS FOR MAINTAINING NATO'S STRATEGY OF 
                    DETERRENCE

    (a) Requirement.--The Secretary of Defense shall submit to 
Congress a report regarding the ability of the North Atlantic 
Treaty Organization (NATO) to maintain its strategy of 
deterrence through the 1990s. The report shall include a 
specific discussion of the implications for such deterrence if 
the United States and the Soviet Union agree to a treaty which 
requires the elimination of all intermediate-range nuclear 
force (INF) missiles having a range between 500 and 5,500 
kilometers. The report shall be prepared in consultation with 
the Supreme Allied Commander, Europe, and the Chairman of the 
Joint Chiefs of Staff.
    (b) Form and Content of Report.--The Secretary shall submit 
the report required by subsection (a) in both classified and 
unclassified forms and shall include in the report the 
following:
          (1) A discussion of the effect that the elimination 
        under an INF treaty of intermediate range missiles 
        deployed by the United States and the Soviet Union 
        would likely have on the ability of NATO to maintain an 
        effective flexible response strategy and credible 
        deterrence.
          (2) The appropriate numbers and types of nuclear 
        weapons and nuclear-capable delivery systems of the 
        United States not limited by the proposed INF treaty 
        which the Secretary of Defense recommends for 
        deployment in or redeployment to the European theater 
        if an INF treaty is ratified and enters into force, 
        including a description of any nuclear modernization 
        program the Secretary has recommended or proposes to 
        recommend as necessary to ensure that NATO will be able 
        to maintain a credible and effective military strategy.
          (3) A discussion of the balance between the 
        nonnuclear forces of NATO and the Warsaw Pact in the 
        European theater, the likelihood of NATO making 
        significant improvements in that balance over the next 
        few years, the potential effect of conventional force 
        balance alternatives currently under consideration by 
        the United States Government, and the likelihood and 
        potential effect of a new agreement between NATO and 
        the Warsaw Pact limiting nonnuclear forces on that 
        balance.
          (4) A discussion of the feasibility and cost 
        effectiveness of substituting advanced conventional 
        munitions for nuclear weapons currently deployed by 
        NATO, including a discussion of the costs of such 
        weapons and prospects for sharing such costs among NATO 
        allies.
          (5) A description of nonnuclear forces that would be 
        needed to support the operational concept of Follow-on 
        Forces Attack (FOFA).
          (6) The status of improvements being made in the air 
        defenses of NATO in Europe.
          (7) A discussion of the views of the leaders of 
        member nations of NATO (other than the United States) 
        and of the Supreme Allied Commander, Europe (SACEUR), 
        on the matters described in paragraphs (1) through (5).
    (c) Deadline of Report.--The report required by subsection 
(a) shall be submitted not later than the earlier of--
          (1) 90 days after the date of the enactment of this 
        Act; or
          (2) the date on which the President submits to the 
        Senate for its advice and consent a treaty described in 
        subsection (a).   

SEC. 1002. SENSE OF CONGRESS ON LEVEL OF UNITED STATES FORCES 
                    PERMANENTLY STATIONED IN EUROPE IN SUPPORT OF NATO

    (a) Findings.--The Congress makes the following findings 
with respect to the level of United States military forces 
permanently stationed in Europe:
          (1) The agreement in principle between the United 
        States and the Soviet Union to eliminate all 
        intermediate-range nuclear missiles has important 
        implications for the defense posture of the North 
        Atlantic Treaty Organization alliance.
          (2) The presence of United States forces in Europe 
        constitutes the most visible and meaningful evidence of 
        the continuing strong commitment of the United States 
        to the integrity of the alliance.
          (3) NATO Defense Ministers stated in May 1987 that 
        the ``continued presence of United States forces at 
        existing levels in Europe plays an irreplaceable role 
        in the defense of North America as well as Europe''.
    (b) Sense of Congress.--(1) In light of the findings in 
subsection (a), it is the sense of Congress that--
          (A) the stationing in Europe of United States 
        military forces in support of NATO at the level of 
        military personnel permanently stationed in Europe in 
        support of NATO on the date of the enactment of this 
        Act plays an indispensable role for peace and 
        deterrence; and
          (B) the commitment of United States forces should be 
        continued at that level (assuming all existing basing 
        agreements remain in effect).
    (2) It is further the sense of Congress that it would not 
be inconsistent with the sense of Congress expressed in 
paragraph (1) if the actual number of United States military 
personnel permanently stationed in Europe in support of NATO at 
any time falls below the level of such personnel on the date of 
the enactment of this Act because of administrative 
fluctuations or if such level is reduced following a 
determination by the President that national security 
considerations require such a reduction.

SEC. 1003. STUDY OF FUTURE OF NATO

    The Secretary of Defense shall contribute, from funds 
appropriated for fiscal year 1988 for operation and maintenance 
of Defense Agencies, the amount of $50,000 to the North 
Atlantic Assembly for a study on the future of the North 
Atlantic Treaty Organization.

                         Part B--Burden Sharing

SEC. 1011. STUDY OF DEFENSE EXPENDITURES IN JAPAN

    (a) In General.--The Secretary of Defense shall conduct a 
study of the ways in which the United States may further its 
national security interests in the Far East.
    (b) Report.--Within 90 days after the date of the enactment 
of this Act, the Secretary shall transmit to Congress a report 
on such study. The report shall contain--
          (1) the plans of the Department of Defense in the 
        current five-year defense plan for defense expenditures 
        for each fiscal year covered by the plan to be made in 
        support of United States security interests in the Far 
        East and, of such planned expenditures in each such 
        fiscal year, how much is attributable to projected 
        increases in defense outlays for that fiscal year;
          (2) the projections for national defense expenditures 
        by Japan for each such fiscal year;
          (3) the projections for national defense expenditures 
        by the United States directly in support of United 
        States forces, facilities, and equipment stationed or 
        located in Japan for each such fiscal year; and
          (4) the projections for national defense expenditures 
        by Japan directly in support of United States forces 
        stationed in Japan for each such fiscal year.

SEC. 1012. SENSE OF CONGRESS REGARDING JAPAN'S CONTRIBUTIONS TO GLOBAL 
                    STABILITY

    (a) Findings.--The Congress makes the following findings:
          (1) The alliance of the United States and Japan is 
        the foundation for the security of Japan and peace in 
        the Far East and is a major contributing factor to the 
        democratic freedoms and economic prosperity enjoyed by 
        both the United States and Japan.
          (2) Threats to the security of both the United States 
        and Japan have increased significantly since 1976, 
        principally as the result of--
                  (A) the occupation of Afghanistan by the 
                Soviet Union;
                  (B) the continued expansion and buildup of 
                military forces of the Soviet Union 
                (particularly the expansionist efforts by the 
                Soviet Union in the South Pacific and the 
                buildup of the Soviet Pacific fleet);
                  (C) the occupation of Cambodia by Vietnam; 
                and
                  (D) instability in the Persian Gulf region 
                (from which Japan receives 60 percent of its 
                petroleum and one-third of its total energy 
                requirements).
          (3) In keeping with the declaration made at the 1983 
        meeting in Williamsburg, Virginia, of the leaders of 
        the leading industrialized democracies that ``the 
        security of our countries is indivisible and must be 
        approached on a global basis'', the government of 
        Japan--
                  (A) has raised its defense spending by an 
                average of 5 percent per year since 1981;
                  (B) has rescinded a limit on annual 
                expenditures for defense of 1 percent of the 
                gross national product of Japan; and
                  (C) is fulfilling the pledge of Prime 
                Minister Suzuki to defend the territory, 
                airspace, and sea lanes of Japan to a distance 
                of 1,000 miles by 1990.
          (4) While recognizing and applauding the actions by 
        the government of Japan referred to in paragraph (3), 
        Congress notes that Japan has the second largest gross 
        national product in the world, is a major creditor 
        nation, and has a large private savings rate, but 
        nevertheless lags far behind other industrialized 
        democracies in terms of the percentage of its gross 
        national product that it spends for national defense 
        and programs to promote global security and stability.
    (b) Sense of Congress.--It is the sense of Congress that 
the United States would welcome an initiative by Japan to 
assume a politically acceptable and significant global security 
role consistent with its economic status by taking the 
following actions:
          (1) Increasing spending for its Official Development 
        Assistance program and its defense programs so that, by 
        1992, the level of spending by Japan on those programs 
        (stated as a percentage of gross national product) will 
        approximate the average of the levels of spending by 
        the member nations of the North Atlantic Treaty 
        Organization on official development assistance and 
        defense programs (stated as a percentage of their 
        respective gross national products).
          (2) Devoting increased spending for its Official 
        Development Assistance program primarily to the 
        Republic of the Philippines and regions of importance 
        to global stability outside of East Asia, particularly 
        Oceania, Latin America, and the Caribbean and 
        Mediterranean nations.
          (3) Devoting any increase in spending for that 
        program primarily to concessional, untied grants and 
        increasing the portion of total expenditures made for 
        that program for those multilateral financial 
        institutions of which Japan is a member.
          (4) Designating those nations that are to be 
        recipients of increased development assistance as 
        described in paragraphs (1) through (3) through 
        consultation with its security partners.
          (5) Completing its five-year defense program for 
        fiscal years 1986 through 1990 and, at the earliest 
        possible date after the completion of that program, 
        further enhancing the fulfillment of the pledge of 
        Prime Minister Suzuki referred to in subsection (a)(3).

                      Part C--Procurement Matters

SEC. 1021.\14\ OVERSEAS WORKLOAD PROGRAM

    (a) In General.--A firm of any member nation of the North 
Atlantic Treaty Organization (NATO) or of any major non-NATO 
ally shall be eligible to bid on any contract for the 
maintenance, repair, or overhaul of equipment of the Department 
of Defense to be awarded under competitive procedures as part 
of the program of the Department of Defense known as the 
Overseas Workload Program.
---------------------------------------------------------------------------
    \14\10 U.S.C. 2341 note.
---------------------------------------------------------------------------
    (b) Site for Performance of Work.--A contract awarded 
during fiscal year 1988 or 1989 to a firm described in 
subsection (a) may be performed in the theater in which the 
equipment is normally located or in the country in which the 
firm is located.
    (c) Exceptions.--The Secretary of a military department may 
restrict the geographic region in which a contract referred to 
in subsection (a) may be performed if the Secretary determines 
that performance of the contract outside that specific region--
          (1) could adversely affect the military preparedness 
        of the Armed Forces of the United States; or
          (2) would violate the terms of an international 
        agreement to which the United States is a party.
    (d) Report Requirement.--(1) Not later than December 1, 
1988, the Secretary of Defense shall submit to Congress a 
report on the nature of the maintenance, repair, and overhaul 
work of the Department of Defense performed under the program 
of the Department of Defense known as the Overseas Workload 
Program.
    (2) The report shall include the following:
          (A) A description of the categories of work performed 
        under that program and the costs associated with those 
        categories of work.
          (B) A description of the capabilities of facilities 
        that United States firms have established in Europe to 
        perform work under that program.
          (C) A description of the capabilities to perform work 
        under that program by firms in the United States, 
        Canada, and countries that are major non-NATO allies of 
        the United States.
          (D) A description of the maintenance, repair, and 
        overhaul work under that program that could be 
        performed in the United States or Canada, or in a 
        country that is a major non-NATO ally, on a cost-
        effective basis and without a significant adverse 
        effect on the readiness of the Armed Forces of the 
        United States.
          (E) A list and detailed explanation of each of the 
        instances, through October 31, 1988, in which the 
        Secretary of a military department exercised the 
        authority provided in subsection (c).
    (e) Definition.--For purposes of this section, the term 
``major non-NATO ally'' has the meaning given that term by 
section 1105(g)(1) of the National Defense Authorization Act 
for Fiscal Year 1987 (Public Law 99-661).\15\
---------------------------------------------------------------------------
    \15\Sec. 1105(g)(1) of Public Law 99-661 defined ``major non-NATO 
ally'' as a country designated such by the Secretary of Defense with 
the concurrence of the Secretary of State.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1023. REPORT ON CO-PRODUCTION OR CO-ASSEMBLY OF M1A1 TANK

    (a) In General.--The Secretary of Defense shall submit to 
Congress a detailed report on any plans of the Department of 
Defense as of the time of the submission of the report 
regarding co-production or co-assembly of the M1 or M1A1 Abrams 
tank with a foreign country. The Secretary shall include in 
such report the following:
          (1) The status of any current negotiations by the 
        Secretary of Defense with any foreign country regarding 
        the co-production or co-assembly of the M1 or M1A1 tank 
        by the United States and that country.
          (2) A comparison of the long-term effects on the 
        United States mobilization base of production of such 
        tank under a co-production or co-assembly arrangement 
        with a foreign country.
          (3) The effect an arrangement with a foreign country 
        for the co-production or co-assembly of such tank would 
        have on the national security of the United States.
    (b) Deadline for Report.--The Secretary shall submit the 
report required under subsection (a) not later than 90 days 
after the date of the enactment of this Act.
    (c) Classification of Report.--The Secretary shall submit 
the report required under subsection (a) in both classified and 
unclassified form.

SEC. 1024. WEAPONS STORAGE AND SECURITY SYSTEMS

    (a) Limitation on Installation.--Funds appropriated or 
otherwise made available to the Department of Defense for 
fiscal years 1988 and 1989 may not be expended for installation 
of Weapons Storage and Security Systems (WSSS) in the territory 
of any European member nation of the North Atlantic Treaty 
Organization until the Secretary of Defense certifies to 
Congress that the construction program with respect to such 
systems is eligible for common financing under the NATO 
Infrastructure program.
    (b) Effect of INF Treaty.--If a treaty on Intermediate 
Range Nuclear Forces (INF) is ratified before the certification 
under subsection (a) is made, the Secretary shall submit with 
the certification a plan for revising the installation of those 
systems in order to reflect any additional requirements 
resulting from that treaty.\16\
---------------------------------------------------------------------------
    \16\For text of INF treaty, ratified on June 1, 1988, see 
Legislation on Foreign Relations, vol. V, sec. F.
---------------------------------------------------------------------------
    (c) Milestones.--The Secretary shall submit with the 
certification under subsection (a) a description of the key 
milestones for entering into contracts under the program and 
for reaching an agreement concerning NATO financing and shall 
include a certification that all available steps are being 
taken to accelerate agreement with NATO on a final plan for 
recoupment of advance funding by the United States for the 
installation of such systems.
          * * * * * * *

               TITLE XI--DEPARTMENT OF DEFENSE MANAGEMENT

          * * * * * * *

            Part C--Security and Counterintelligence Matters

          * * * * * * *

SEC. 1122.\17\ * * * [Repealed--1993]
---------------------------------------------------------------------------

    \17\Sec. 1122, repealed by sec. 502(f)(1) of the FRIENDSHIP Act 
(Public Law 103-199; 107 Stat. 2326), had required the Secretary of 
Defense to submit to Congress a report assessing Soviet electronic 
espionage capabilities from the Mount Alto embassy site.
---------------------------------------------------------------------------
          * * * * * * *

                     TITLE XII--GENERAL PROVISIONS

                     Part C--Miscellaneous Reports

          * * * * * * *

SEC. 1222. REPORT ON CONTINGENCY PLANS TO DEAL WITH DISRUPTIONS IN 
                    PERSIAN GULF CRUDE OIL SUPPLY

    (a) Report Requirement.--(1) Not later than 120 days after 
the date of the enactment of this Act, the Secretary of Defense 
and the Secretary of Energy shall submit to Congress a joint 
report on contingency plans of the Department of Defense and 
the Department of Energy for dealing with significant 
disruptions in the supply to the United States of crude oil 
produced by the nations of the Persian Gulf region. The report 
shall be prepared with the assistance of the Secretary of 
State.
    (2) If the Secretary of Defense and the Secretary of Energy 
find it necessary to classify the report (or any portion of the 
report), a nonclassified version containing all energy policy 
recommendations made by the two Secretaries shall be 
transmitted with the report.
    (b) Matters To Be Studied.--In preparing the report 
required by this section, and any periodic update to that 
report, the Secretaries shall--
          (1) ascertain the extent to which the Armed Forces of 
        the United States, the civilian economy of the United 
        States, and the nations of the free world (with 
        specific reference to the NATO allies and to other 
        strategic allies of the United States) currently depend 
        on crude oil produced in the Persian Gulf region;
          (2) prepare a range of estimates on the types of 
        disruptions that could occur in the supply of crude oil 
        from the Persian Gulf region and the effect of each 
        such disruption (including duration) on reduced 
        availability of crude oil supply from the oil producing 
        nations of the Persian Gulf;
          (3) develop a range of plans for dealing with supply 
        disruptions and shortages of crude oil from the Persian 
        Gulf region, including--
                  (A) the role and use of existing domestic 
                crude oil production, other non-Persian Gulf 
                sources of the world supply of crude oil, and 
                the Strategic Petroleum Reserve; and
                  (B) the use of any emergency power or 
                authority provided for by existing law; and
          (4) identify and review any bilateral or multilateral 
        agreement (including the International Energy 
        Agreement) which commits or obligates the United States 
        to furnish crude oil or petroleum products to other 
        nations.
    (c) Recommendations.--The report under subsection (a) shall 
set forth the policy and legislative recommendations of the 
Secretaries for improving the ability of the United States to 
respond effectively to problems created by significant 
disruptions in the production, transportation, and supply of 
crude oil in the Persian Gulf region.
    (d) Cost Estimates.--The report under subsection (a) shall 
include estimates of the total annual and per barrel cost of 
Persian Gulf crude oil to the world economy and to the United 
States economy.
          * * * * * * *

                     Part E--Miscellaneous Matters

SEC. 1241.\18\ GAO STUDY OF THE CAPABILITIES OF THE UNITED STATES TO 
                    CONTROL DRUG SMUGGLING INTO THE UNITED STATES

    (a) Study Requirement.--The Comptroller General of the 
United States shall conduct a comprehensive study regarding 
smuggling of illegal drugs into the United States and the 
current capabilities of the United States to deter such 
smuggling. In carrying out such study, the Comptroller General 
shall--
---------------------------------------------------------------------------
    \18\21 U.S.C. 801 note.
---------------------------------------------------------------------------
          (1) assess the national security implications of the 
        smuggling of illegal drugs into the United States;
          (2) assess the magnitude, nature, and operational 
        impact that current resource limitations have on the 
        drug smuggling interdiction efforts of Federal law 
        enforcement agencies and the capability of the 
        Department of Defense to respond to requests for 
        assistance from those law enforcement agencies;
          (3) assess the effect on military readiness, the 
        costs that would be incurred, the operational effects 
        on military and civilian agencies, the potential for 
        improving drug interdiction operations, and the methods 
        for implementing increased drug law enforcement 
        assistance by the Department of Defense under section 
        825 of H.R. 1748 as passed the House of Representatives 
        on May 20, 1987,\19\ as if such section were enacted 
        into law and were to become effective on January 1, 
        1988;
---------------------------------------------------------------------------
    \19\H.R. 1748 provided, in part, the following:
    ``Sec. 825. Enhanced Authority of Members of the Armed Forces in 
Drug Interdiction Activities
    ``(a) In General.--Section 374 of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ```(e)(1) Subject to paragraph (2), the Secretary of Defense, upon 
request from the head of a Federal agency with jurisdiction to enforce 
the Controlled Substance Act (21 U.S.C. 801 et seq.) or the Controlled 
Substance Import and Export Act (21 U.S.C. 951 et seq.), may assign 
members of the armed forces under the Secretary's jurisdiction to 
assist drug enforcement officials of that agency in searches, seizures, 
and arrests outside the land area of the United States (or of any 
territory or possession of the United States) in connection with the 
enforcement of those Acts.
    ```(2) Members may be assigned to provide assistance under 
paragraph (1) only if--
---------------------------------------------------------------------------

          ```(A) the Attorney General certifies that there are 
        insufficient law enforcement resources available to ensure the 
        success of the operation;
          ```(B) the assistance is approved by the Secretary of Defense 
        with the concurrence of the Secretary of State; and
          ```(C) Federal drug enforcement officials maintain control 
        over the activities and direction of any drug enforcement 
        operation.'''.
---------------------------------------------------------------------------
    The text of sec. 825, as it appeared in the House passed version on 
May, 20, 1987, was not retained when H.R. 1748 was enacted into law as 
Public Law 100-180.
---------------------------------------------------------------------------
          (4) assess results of a cooperative drug enforcement 
        operation between the United States Customs Service and 
        National Guard units from the States of Arizona, Utah, 
        Missouri, and Wisconsin conducted along the United 
        States-Mexico border beginning on August 29, 1987, and 
        include in the assessment information relating to the 
        cost of conducting the operation, the personnel and 
        equipment used in such operation, the command and 
        control relationships in such operation, and the legal 
        issues involved in such operation;
          (5) determine whether giving the Armed Forces a more 
        direct, active role in drug interdiction activities 
        would enhance the morale and readiness of the Armed 
        Forces;
          (6) determine what assets are currently available to 
        and under consideration for the Department of Defense, 
        the Department of Transportation, the Department of 
        Justice, and the Department of the Treasury for the 
        detection of airborne drug smugglers;
          (7) assess the current plan of the Customs Service 
        for the coordinated use of such assets;
          (8) determine the cost effectiveness and the 
        capability of the Customs Service to use effectively 
        the information generated by the systems employed by or 
        planned for the Department of Defense, the Coast Guard, 
        and the Customs Service, respectively, to detect 
        airborne drug smugglers;
          (9) determine the availability of current and 
        anticipated tracking, pursuit, and apprehension 
        resources to use the capabilities of such systems; and
          (10) at a minimum, assess the detection capabilities 
        of the Over-the-Horizon Backscatter radar (OTH-B), 
        ROTHR, aerostats, airships, and the E-3A, E-2C, P-3, 
        and P-3 Airborne Early Warning aircraft (including any 
        variant of the P-3 Airborne Early Warning aircraft).
    (b) Reports.--(1) Not later than April 30, 1988, the 
Comptroller General shall, as provided in paragraph (3), submit 
a report on the results of the study required by subsection (a) 
with respect to the elements of the study specified in 
paragraphs (1) through (5) of that subsection.
    (2) As soon as practicable after the report under paragraph 
(1) is submitted, and not later than March 31, 1989, the 
Comptroller General shall, as provided in paragraph (3), submit 
a report on the results of the study required by subsection (a) 
with respect to the elements of the study specified in 
paragraphs (6) through (10) of that subsection.
    (3) The reports under paragraphs (1) and (2) shall be 
submitted to--
          (A) the Committees on Armed Services, the Judiciary, 
        Foreign Relations, and Appropriations of the Senate;
          (B) the Committees on Armed Services, the Judiciary, 
        Foreign Affairs, and Appropriations of the House of 
        Representatives;\20\
---------------------------------------------------------------------------
    \20\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. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------
          (C) the members of the Senate Caucus on International 
        Narcotics Control; and
          (D) the Select Committee on Narcotics Abuse and 
        Control of the House of Representatives.
    (4) The reports under this subsection shall be submitted in 
both classified and unclassified forms and shall include such 
comments and recommendations as the Comptroller General 
considers appropriate.

SEC. 1242. TRANSFER OF FUNDS TO THE COAST GUARD

    Of the amounts appropriated to the Department of Defense 
for fiscal years 1988 and 1989, the Secretary of Defense shall 
transfer to the Secretary of Transportation funds to assist in 
providing for the Law Enforcement Detachment program of the 
Coast Guard as follows:
          (1) $3,000,000 from amounts appropriated for fiscal 
        year 1988.
          (2) $6,000,000 from amounts appropriated for fiscal 
        year 1989.
          * * * * * * *

                  TITLE XIV--FOREIGN RELATIONS MATTERS

SEC. 1401. COMMENDATION OF ARMED FORCES IN PERSIAN GULF FOR SUCCESS OF 
                    CERTAIN OPERATIONS

    (a) Findings.--Congress makes the following findings:
          (1) The Armed Forces of the United States are 
        currently engaged in operations in the Persian Gulf, 
        including operations to escort United States flag 
        vessels moving through the Gulf, in order to protect 
        national security interests of the United States and 
        the principle of freedom of navigation in international 
        waters.
          (2) The government of Iran, through the use of its 
        armed forces and revolutionary guards, is engaging in 
        ongoing activities, including the laying of mines in 
        international waters, to disrupt shipping in the 
        Persian Gulf.
          (3) During the night of September 21-22, 1987, Army 
        and Naval forces of the United States detected an 
        Iranian mine-laying activity underway in international 
        waters in the Persian Gulf and, in an outstanding 
        instance of joint military operations, tracked and 
        neutralized the boat carrying out the mine laying.
          (4) On October 8, 1987, elements of the Armed Forces 
        of the United States, acting jointly, successfully 
        defended themselves against an attack by Iranian forces 
        in the Persian Gulf.
          (5) The success of those joint operations (A) serves 
        notice to Iran that the United States will react 
        decisively and effectively to such hostile activities, 
        and (B) may result in reduced risk to United States 
        interests in the Persian Gulf.
          (6) There is precedent throughout the history of the 
        United States for Congress to recognize and commend 
        similar operations by the Armed Forces of the United 
        States, including Congressional praise on February 3, 
        1802, of ``the gallant conduct'' of certain members of 
        a United States Naval force in the Wars with the 
        Barbary Powers.
    (b) Congressional Commendations.--The Congress hereby--
          (1) declares that those members of the Armed Forces 
        who participated in the joint operations of September 
        21-22, 1987, and October 8, 1987, in the Persian Gulf 
        acted in the finest military and naval traditions of 
        the United States and displayed exemplary 
        professionalism, skill, and dedication; and
          (2) commends those members, and all members of the 
        Armed Forces who acted in support of those operations, 
        for their participation in those important and 
        successful operations.

SEC. 1402. SENSE OF THE SENATE REGARDING JUSTIFICATION FOR SINKING 
                    IRANIAN VESSELS

    It is the sense of the Senate that the Armed Forces of the 
United States are fully justified in sinking any Iranian vessel 
which threatens the safe passage of (1) any warship of the 
United States, or (2) any other vessel known to have on board 
any citizen of the United States. This section shall not in 
itself be construed as legislative authority for any specific 
military operation.

SEC. 1403. UNITED STATES POLICY TOWARD PANAMA

    (a) Findings.--The Congress makes the following findings:
          (1) The executive, judicial, and legislative branches 
        of the Government of Panama are now under the influence 
        and control of the Panamanian Defense Forces.
          (2) A broad coalition of church, business, labor, 
        civic, and political groups in Panama has called for an 
        objective and thorough investigation of allegations 
        concerning serious violations of law by certain 
        officials of the Government of Panama and the 
        Panamanian Defense Forces and has insisted that General 
        Noriega and others involved relinquish their official 
        positions until such an investigation has been 
        completed.
          (3) The Panamanian people continue to be denied the 
        full rights and protections guaranteed by their 
        constitution, as evidenced by continuing censorship and 
        the closure of the independent media, arrests without 
        due process, and instances of the use of excessive 
        force by the Panamanian Defense Forces.
          (4) Political unrest and social turmoil in Panama can 
        only be resolved if the Government of Panama begins to 
        demonstrate respect for and adherence to all provisions 
        of the Panamanian constitution.
    (b) Policy.--Therefore, it is the sense of Congress that, 
subject to the condition expressed in subsection (c), the 
United States should take the following actions:
          (1) Cease all economic and military assistance 
        provided to the Government of Panama under the Foreign 
        Assistance Act of 1961 and the Arms Export Control Act, 
        other than assistance to meet immediate humanitarian 
        concerns.
          (2) Suspend all shipments of military equipment 
        (including spare parts for military equipment) to the 
        Government of Panama or to any of its agencies or 
        institutions.
          (3) Reassess whether the United States should 
        terminate the importation into the United States of 
        sugar, syrup, and molasses produced in Panama and 
        reallocate among other foreign countries the quantities 
        of such products that otherwise would be imported from 
        Panama.
    (c) Conditions.--It is further the sense of Congress that 
the United States should take the actions described in 
subsection (b) unless, within 45 days after the date of the 
enactment of this Act--
          (1) the Government of Panama has demonstrated 
        substantial progress in the effort to assure civilian 
        control of the armed forces and that the Panama Defense 
        Forces and its leaders have been removed from 
        nonmilitary activities and institutions;
          (2) the Government of Panama has established an 
        independent investigation into allegations of illegal 
        actions by members of the Panama Defense Forces;
          (3) a nonmilitary transitional government is in 
        power; and
          (4) all constitutional guarantees, including freedom 
        of the press, have been restored to the people of 
        Panama.

SEC. 1404. CONGRESSIONAL STATEMENTS CONCERNING VIETNAMESE OCCUPATION OF 
                    CAMBODIA AND JAPANESE TRADE WITH VIETNAM

    (a) Findings.--The Congress finds that--
          (1) during the nine years since Vietnam invaded 
        Cambodia in late 1978, most Western countries have 
        pledged to maintain an embargo on trade with and 
        developmental aid to Vietnam until Vietnamese troops 
        are withdrawn from Cambodia;
          (2) Japan joined in this embargo by freezing 
        approximately $135,000,000 in grants and concessionary 
        loans to Vietnam and reducing trade levels with Vietnam 
        from $220,000,000 in 1978 to $120,000,000 the following 
        year;
          (3) despite the fact that 140,000 Vietnamese troops 
        continue to occupy Cambodia, Japan's economic ties with 
        Vietnam have grown steadily since 1982, reaching a 
        current annual trade level of $230,000,000;
          (4) this trade has included trade in goods and 
        technology which enhances the productive capacity and 
        the infrastructure base of Vietnam; and
          (5) the 65,000,000 people of Vietnam are a tempting 
        lure for investors seeking low wages and for traders 
        seeking new markets.
    (b) Condemnation of Vietnamese Occupation of Cambodia.--The 
Congress hereby--
          (1) reaffirms its condemnation of the continued 
        Vietnamese occupation of the sovereign State of 
        Cambodia, an activity which violates all standards of 
        conduct befitting a responsible nation and contravenes 
        all recognized principles of international law; and
          (2) reaffirms its call for Vietnam to withdraw from 
        Cambodia as the only way Vietnam can expect to end its 
        self-induced economic isolation.
    (c) Statement on Japanese Trade With Vietnam.--The Congress 
hereby strongly urges the Government of Japan to--
          (1) continue to refrain from granting to Vietnam any 
        official economic assistance;
          (2) refrain from granting to Vietnam any form of 
        trade financing, including export credits, trade-
        related credit insurance, and extended loans for 
        infrastructure development;
          (3) continue to discourage its private business 
        sector from exporting to Vietnam goods and technology 
        which enhance the productive capacity and the 
        infrastructure base of Vietnam, including in particular 
        equipment for--
                  (A) oil exploration and development,
                  (B) forestry and fishery production,
                  (C) development of raw materials for light 
                industries, and
                  (D) the upgrading of export productive 
                capacities; and
          (4) strongly discourage the private business sector 
        of Japan from providing financing which in any way 
        facilitates trade with Vietnam.

SEC. 1405. SENSE OF CONGRESS ON INTRODUCTION OF ARMED FORCES INTO 
                    NICARAGUA FOR COMBAT

    Congress hereby reaffirms the sense of Congress expressed 
in the first session of the 99th Congress (in section 1451 of 
the Department of Defense Authorization Act, 1986 (Public Law 
99-145; 99 Stat. 760)), that United States Armed Forces should 
not be introduced into or over Nicaragua for combat. However, 
nothing in this section shall be construed as affecting the 
authority and responsibility of the President or Congress under 
the Constitution, statutes, or treaties of the United States in 
force.
          * * * * * * *
       s. National Defense Authorization Act for Fiscal Year 1987

 Partial text of Public Law 99-661 [S. 2638], 100 Stat. 3816, approved 
 November 14, 1986; as amended by Public Law 100-456 [National Defense 
   Authorization Act, Fiscal Year 1989; H.R. 4481], 102 Stat. 1918, 
   approved September 29, 1988; 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 103-199 [FRIENDSHIP Act; 
 H.R. 3000], 107 Stat. 2317, approved December 17, 1993; and by Public 
 Law 104-106 [National Defense Authorization Act for Fiscal Year 1996; 
          S. 1124], 110 Stat. 186, approved February 10, 1996

 AN ACT To authorize appropriations for fiscal year 1987 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
   personnel strengths for such fiscal year for the Armed Forces, to 
    improve the defense acquisition process, and for other purposes

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

                          TITLE I--PROCUREMENT

          * * * * * * *

                     Part A--Funding Authorizations

          * * * * * * *

SEC. 106. EXTENSION OF CERTAIN AUTHORITY PROVIDED THE SECRETARY OF 
                    DEFENSE IN CONNECTION WITH THE NATO AIRBORNE 
                    WARNING AND CONTROL SYSTEM (AWACS) PROGRAM

    Effective on October 1, 1986, section 103(a) of the 
Department of Defense Authorization Act, 1982 (Public Law 97-
86; 95 Stat. 1100), is amended by striking out ``fiscal year 
1986'' both places it appears and inserting in lieu thereof 
``fiscal year 1987''.
          * * * * * * *

          TITLE II--RESEARCH, DEVELOPMENT, TEXT AND EVALUATION

          * * * * * * *

                  Part B--Strategic Defense Initiative

SEC. 211. FISCAL YEAR 1987 FUNDING LEVEL FOR STRATEGIC DEFENSE 
                    INITIATIVE

    Of the amount authorized in section 201 for research, 
development, test, and evaluation for the Defense Agencies, not 
more than $3,213,000,000 is available for the Strategic Defense 
Initiative (SDI) Program.

SEC. 212. JOINT DEVELOPMENT OF ANTITACTICAL BALLISTIC MISSILE SYSTEM

    Of the funds available for the Strategic Defense Initiative 
under section 211, not more than $50,000,000 shall be available 
for the joint development, on a matching fund basis, of an 
anti-tactical ballistic missile system for deployment with NATO 
allies and other countries that the United States has invited 
to participate in the Strategic Defense Initiative Program.

SEC. 213.\1\ LIMITATION ON ESTABLISHMENT OF A FEDERALLY FUNDED RESEARCH 
                    AND DEVELOPMENT CENTER FOR THE STRATEGIC DEFENSE 
                    INITIATIVE PROGRAM

    (a) Limitation.--The Secretary of Defense may not obligate 
or expend any funds for the purpose of operating a Federally 
funded research and development center that is established for 
the support of the Strategic Defense Initiative Program after 
the date of the enactment of this Act unless--
---------------------------------------------------------------------------
    \1\10 U.S.C. 2431 note.
---------------------------------------------------------------------------
          (1) the Secretary submits to the Committees on Armed 
        Services of the Senate and House of Representatives\2\ 
        a report with respect to such proposed center that 
        provides the information described in subsection (b); 
        and
---------------------------------------------------------------------------
    \2\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.
---------------------------------------------------------------------------
          (2) funds are specifically authorized to be 
        appropriated for such purpose after the date of the 
        enactment of this Act in and Act other than--
                  (A) an appropriations Act; or
                  (B) a continuing resolution.
    (b) Content of Report.--A report submitted under subsection 
(a)(1) with respect to a proposed center shall include a 
discussion of--
          (1) the ability of existing Federally funded research 
        and development centers, Federal research laboratories, 
        and private contractors to perform the objectives of 
        technological integration and evaluation required by 
        the Strategic Defense Initiative Organization;
          (2) the comparative cost of having the proposed work 
        performed by--
                  (A) the Strategic Defense Initiative 
                Organization;
                  (B) Federally funded research and development 
                centers in existence on the date of the 
                enactment of this Act;
                  (C) by Federal research laboratories; or
                  (D) by private research laboratories;
                  (E) by such center;
          (3) whether such center is intended to be--
                  (A) primarily a study and analysis center; or
                  (B) primarily a system engineering/system 
                integration center;
          (4) whether such center will be required or 
        authorized to enter into contracts under which research 
        projects would be performed by other Federally funded 
        research and development centers, Federal research 
        laboratories, or private contractors;
          (5) whether the contract to operate such center will 
        be awarded on a competitive basis;
          (6) whether proposals with respect to the operation 
        of such center--
                  (A) will be considered by the appropriate 
                Defense Agency; and
                  (B) will be subjected to review by persons to 
                be elected by the National Academy of Sciences;
          (7) whether such center will be designed to prevent 
        even the possibility of an appearance of conflict of 
        interest--
                  (A) by prohibiting any officer, employee, or 
                member of the governing body of such center 
                from holding any position with--
                          (i) the Strategic Defense Initiative 
                        Organization; or
                          (ii) a private contractor that has a 
                        substantial interest in the development 
                        of the Strategic Defense Initiative; 
                        and
                  (B) by prohibiting more than one-half of the 
                members of the governing body of the proposed 
                Federally Funded Research Center from 
                simultaneously holding any position with the 
                Strategic Defense Initiative Advisory Committee 
                or any similar body which provides 
                technologies, scientific, or strategic advice 
                to the Department of Defense about the 
                Strategic Defense Initiative;
          (8) whether other actions will be taken to avoid 
        possible conflict of interest situations within such 
        center;
          (9) the role of the Department of Defense in--
                  (A) the selection of the staff of such 
                center; and
                  (B) the internal organization of such center; 
                and
          (10) whether a prescribed minimum percentage of the 
        annual budget of such center will be set aside for 
        research to be conducted independently of the 
        Department of Defense.
    (c) Comptroller General Report.--The Comptroller General of 
the United States shall also submit a report to Congress 
providing an analysis of the items in subsection (b) as 
appropriate.

SEC. 214.\3\ REPORT ON PROJECTED COSTS OF SDI PROGRAM * * *

SEC. 215.\4\ REPORT ON STRATEGIC DEFENSE INITIATIVE DEPLOYMENT 
                    SCHEDULE--* * * [REPEALED--1987]

SEC. 216. EFFECT OF STRATEGIC DEFENSE INITIATIVE ON COMPLIANCE WITH THE 
                    ANTI-BALLISTIC MISSILE TREATY

    (a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
    \3\Sec. 214 amended sec. 223(b) of the Department of Defense 
Authorization Act, 1986 (Public Law 99-145; 99 Stat. 613).
    \4\Sec. 215 was repealed by sec. 231 of Public Law 100-180 (101 
Stat. 1019).
---------------------------------------------------------------------------
          (1) The President's Commission on Strategic Forces 
        declared in its report to the President, dated March 
        21, 1984, that ``One of the most successful arms 
        control agreements is the Anti-Ballistic Missile Treaty 
        of 1972''.
          (2) The Secretary of State has stated that the ``ABM 
        Treaty requires consultations and the President has 
        explicitly recognized that any ABM-related deployments 
        arising from research into ballistic missile defenses 
        would be a matter for consultations and negotiations 
        between the Parties''.
          (3) The Secretary of State declared on October 14, 
        1985, that ``our research program has been structured 
        and, as the President has reaffirmed, will continue to 
        be conducted in accordance with a restrictive 
        interpretation of the treaty's obligations''.
          (4) The President has determined that the Krasnoyarsk 
        rather is a violation of the ABM Treaty.
          (5) The Krasnoyarsk radar therefore erodes the 
        integrity of the ABM Treaty and is a matter of serious 
        concern.
    (b) Congressional Declarations.--The Congress therefore 
declares--
          (1) that it fully supports the declared policy of the 
        President that a principal objective of the United 
        States in negotiations with the Soviet Union on nuclear 
        and space arms is to reverse the erosion of the Treaty 
        between the United States of America and the Union of 
        Soviet Socialist Republics on the Limitation of Anti-
        Ballistic Missile Systems, signed on May 26, 1972 
        (commonly referred to as the ``ABM Treaty''); and
          (2) that action by the Congress in approving funds in 
        this Act for research on the Strategic Defense 
        Initiative--
                  (A) does not express or imply an intention on 
                the part of Congress that the United States 
                should abrogate, violate, or otherwise erode 
                such treaty; and
                  (B) does not express or imply any 
                determination or commitment on the part of 
                Congress that the United States develop, test, 
                or deploy ballistic missile strategic defense 
                weaponry that would contravene such treaty.

SEC. 217. REPORT ON THE ANTI-BALLISTIC MISSILE TREATY

    (a) Report on Less Restrictive Interpretation.--The 
Secretary of Defense shall submit to Congress a report 
concerning the effect of the less restrictive interpretation of 
the Anti-Ballistic Missile Treaty on the Strategic Defense 
Initiative program.
    (b) Matters To Be Included.--The report shall include the 
following:
          (1) An analysis of the ramifications of the less 
        restrictive interpretation on the development under the 
        Strategic Defense Initiative Program, of strategic 
        defenses, including comprehensive strategic defense 
        systems, and more limited defenses designed to protect 
        vital United States military and command and control 
        assets, based on ``other physical principles''. This 
        analysis should compare research and development 
        programs pursued under both the restrictive and less 
        restrictive interpretations of such treaty including a 
        comparative analysis of--
                  (A) the overall cost of the research and 
                development programs.
                  (B) the schedule of the research and 
                development programs, and
                  (C) the level of confidence attained in the 
                research and development programs with respect 
                to supporting a full-scale engineering 
                development decision in the early 1990's.
          (2) A list of options under the less restrictive 
        interpretation of such treaty that meet one or more of 
        the following objectives:
                  (A) Reduction of the overall development 
                cost.
                  (B) Advancement of the schedule for a full-
                scale engineering development decision.
                  (C) Increase in the level of confidence in 
                the results of the research by the original 
                full-scale development date.
    (c) Deadline for Report.--The report under subsection (a) 
shall be submitted not later than February 1, 1987.
          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

           Part B--Program changes and Permanent Law Changes

          * * * * * * *

SEC. 316.\5\ PROHIBITION OF PURCHASE OF ANGOLAN PETROLEUM PRODUCTS FROM 
                    COMPANIES PRODUCING OIL IN ANGOLA

    (a) General Rule.--The Secretary of Defense may not enter 
into a contract with a company for the purchase of petroleum 
products which originated in Angola if the company (or a 
subsidiary or partnership of the company) is engaged in the 
production of petroleum products in Angola.
---------------------------------------------------------------------------
    \5\10 U.S.C. 2304 note. Sec. 842 of Public Law 102-484 (106 Stat. 
2468) provided the following termination:
    ``sec. 842. purchase of angolan petroleum products.
    ``The prohibition in section 316 of the National Defense 
Authorization Act for Fiscal Year 1987 (100 Stat. 3855; 10 U.S.C. 2304 
note) shall cease to be effective on the date on which the President 
certifies to Congress that free, fair, and democratic elections have 
taken place in Angola.''.
---------------------------------------------------------------------------
    (b) Waiver Authority.--The Secretary of Defense may waive 
the limitation in subsection (a) if the Secretary determines 
that such action is in the best interest of the United States.
    (c) Petroleum Product Defined.--For purposes of this 
section, the term ``petroleum product'' means--
          (1) natural or synthetic crude;
          (2) blends of natural or synthetic crude; and
          (3) products refined or derived from natural or 
        synthetic crude or form such blends.
    (d) Effective Date.--This section shall take effect six 
months after the date of the enactment of this Act.
          * * * * * * *

               Part C--Humanitarian and Other Assistance

SEC. 331. EXTENSION OF AUTHORIZATION FOR HUMANITARIAN ASSISTANCE

    (a)\6\ Transportation, Administration, and Distribution of 
Humanitarian Relief Supplies to Afghan Refugees. * * *
---------------------------------------------------------------------------
    \6\Sec. 331(a) amended sec. 305 of the Department of Defense 
Authorization Act, 1986 (Public Law 99-145; 99 Stat. 617).
---------------------------------------------------------------------------
    (b) Reports.--The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives\7\ two reports, one of which shall be submitted 
not later than 60 days after the date of the enactment of this 
Act and the other not later than June 1, 1987. Each such report 
shall contain (as of the date on which the report is submitted) 
the following information:
---------------------------------------------------------------------------
    \7\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) The total amount of funds obligated for 
        humanitarian relief under section 305 of the Department 
        of Defense Authorization Act, 1986 (Public Law 99-145; 
        99 Stat. 617) (as amended by subsection (a)).\6\
          (2) the number of scheduled and completed flights for 
        purposes of providing humanitarian relief under section 
        305 of such Act.
          (3) A description of any transfer (including to whom 
        the transfer is made) of excess nonlethal supplies of 
        the Department of Defense made available for 
        humanitarian relief purposes under section 2547 of 
        title 10, United States Code.
          * * * * * * *

                  TITLE IX--PROCUREMENT POLICY REFORM

          * * * * * * *
---------------------------------------------------------------------------
    \8\Sec. 951 added 10 U.S.C. 2327. See 10 U.S.C., this volume.
---------------------------------------------------------------------------

SEC. 951.\8\ CONTRACTING WITH FIRMS OWNED OR CONTROLLED BY GOVERNMENTS 
                    THAT SUPPORT TERRORISM. * * *

                    TITLE X--ARMS CONTROL MATTERS\9\
---------------------------------------------------------------------------

    \9\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. F.
---------------------------------------------------------------------------
          * * * * * * *

          TITLE XI--MATTERS RELATING TO NATO AND OTHER ALLIES

SEC. 1101.\10\ MODERNIZATION OF DEFENSE CAPABILITIES OF COUNTRIES OF 
                    NATO'S SOUTHERN FLANK * * *

SEC. 1102.\11\ NATO COOPERATIVE LOGISTIC SUPPORT AGREEMENTS-- * * * 
                    [REPEALED --1989]
---------------------------------------------------------------------------

    \10\Sec. 1101 amended chapter 2 of part II of the Foreign 
Assistance Act of 1961, by adding a new section 516. For text, see 
Legislation on Foreign Relations Through 1997, vol. I-A.
    \11\Sec. 931 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1531) codified 
several sections of title 10 relating to cooperative agreements with 
NATO and other countries (see secs. 2350a-f), and repealed secs. 1102 
and 1105.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1105.\10\ COOPERATIVE RESEARCH AND DEVELOPMENT WITH MAJOR NON-NATO 
                    ALLIES--* * * [REPEALED--1989]

          * * * * * * *

                     TITLE XIII--GENERAL PROVISIONS

                       Part A--Financial Matters

          * * * * * * *

SEC. 1303. AUTHORIZATION OF APPROPRIATIONS FOR FOREIGN CURRENCY 
                    PURCHASES

    There is hereby authorized to be appropriated for fiscal 
year 1987 the amount of $3,500,000 for the purchase of foreign 
currencies from the Treasury Department to pay expenses 
incurred in carrying out programs of the Department of Defense.
          * * * * * * *

                         Part F--Miscellaneous

SEC. 1351.\12\ LIMITATION ON SOURCE OF FUNDS FOR NICARAGUAN DEMOCRATIC 
                    RESISTANCE

    Notwithstanding title II of the Military Construction 
Appropriations Act, 1987, or any other provision of law, funds 
appropriated or otherwise made available to the Department of 
Defense for any fiscal year for operation and maintenance may 
not be used to provide assistance for the democratic resistance 
forces in Nicaragua. If funds appropriated or otherwise made 
available to the Department of Defense for any fiscal year are 
authorized by law to be used for such assistance, funds for 
such purpose may only be derived from amounts appropriated or 
otherwise made available to the Department for procurement 
(other than ammunition).
---------------------------------------------------------------------------
    \12\10 U.S.C. 114 note. Sec. 1063(a) of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 
444) struck out subsec. (b), which had required the Secretary of 
Defense to report to Congress on the source of funds used for this 
section, and struck out ``(a) limitation'' preceding 
``Notwithstanding''.
---------------------------------------------------------------------------

SEC. 1352. BUDGET ACCOUNTING FOR NEW SPACE SHUTTLE

    Funds appropriated for the procurement of a shuttle orbiter 
by the National Aeronautics and Space Administration to replace 
the Challenger space shuttle orbiter may not be charged by any 
official of the executive or legislative branch against major 
budget function category 050 (National Defense).

SEC. 1353. PROMPT REPORTING OF INTELLIGENCE ON TERRORIST THREATS

    (a) In General.--(1) Subject to subsection (b), the 
Secretary of Defense shall instruct all appropriate officials 
of the Department of Defense to take such action as may be 
necessary to ensure that all credible, time-sensitive 
intelligence received by or otherwise available to United 
States officials concerning potential terrorist threats to--
          (A) United States citizens or facilities (including 
        citizens and facilities overseas); or
          (B) any other potential target for terrorist 
        activities designated by the Secretary,
is reported promptly to the headquarters or office of the 
Department of Defense concerned.
          * * * * * * *

SEC. 1364.\13\ FOREIGN ESPIONAGE ACTIVITIES IN THE UNITED STATES

    The Congress declares that it is the policy of the United 
States to impose appropriate restrictions (including travel 
restrictions) on the official representatives of any foreign 
country, as well upon the nationals of such country who are 
employed by international organizations, when the President 
determines that a pattern of abuses by that nation exists.
---------------------------------------------------------------------------
    \13\Sec. 502(h) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2327) repealed subsecs. (a) and (c) of this section, relating to 
espionage activities of the Soviet Union, and struck subsec. 
designation ``(b) Congressional Policy.--'' before the remaining text.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1368. SENSE OF CONGRESS REGARDING THE DEATH OF LIEUTENANT COLONEL 
                    ARTHUR D. NICHOLSON, JUNIOR

    (a) Findings.--The Congress finds the following:
          (1) On March 24, 1985, Lieutenant Colonel Arthur D. 
        Nicholson, Junior, of the United States Army (then 
        holding the grade of major) was carrying out his 
        official duties as a liaison officer of the United 
        States Military Liaison Mission.
          (2) On that date, Lieutenant Colonel Nicholson was 
        performing his duties in uniform and in an open and 
        direct manner, according to orders, and was conducting 
        himself in a way which was neither provocative nor 
        beyond the limits of proper conduct for members of the 
        United States Military Liaison Mission, and which was 
        well understood and accepted by the Soviet Union.
          (3) On that date, a member or members of the armed 
        forces of the Soviet Union shot and fatally wounded 
        Lieutenant Colonel Nicholson without warning and 
        without provocation.
          (4) After having shot Lieutenant Colonel Nicholson, 
        members of the armed forces of the Soviet Union 
        forcibly restrained Lieutenant Colonel Nicholson's aide 
        and prevented him from providing medical assistance to 
        Lieutenant Colonel Nicholson, so that Lieutenant 
        Colonel Nicholson died slowly and with great suffering, 
        which death and suffering might have been prevented had 
        Lieutenant Colonel Nicholson been permitted to receive 
        assistance.
          (5) The death of Lieutenant Colonel Nicholson was an 
        untimely, unnecessary, cold-blooded murder committed 
        against a United States military officer in pursuit of 
        his official duties by a member or members of the armed 
        forces of the Soviet Union, in a painful and degrading 
        manner.
    (b) Sense of Congress.--The Congress deplores and condemns 
the cold-blooded murder of Lieutenant Colonel Arthur D. 
Nicholson, Junior. It is the sense of Congress that the 
Government of the Soviet Union should--
          (1) apologize for and renounce the murder of 
        Lieutenant Colonel Nicholson; and
          (2) indemnify the family of Lieutenant Colonel 
        Nicholson financially.
          * * * * * * *

SEC. 1371. NUCLEAR WINTER STUDY AND REPORT

    (a) Study.--The Secretary of Defense shall conduct a 
comprehensive study on the atmospheric, climatic, biological, 
health, and environmental consequences of nuclear explosions 
and nuclear exchanges and the implications that such 
consequences have for the nuclear weapons, arms control, and 
civil defense policies of the United States.
    (b) Report.--Not later than November 1, 1987, the Secretary 
shall submit to the President and the Congress an unclassified 
report suitable for release to the public, with classified 
addenda if necessary, on the study conducted under subsection 
(a). The report shall contain the following:
          (1) A detailed review and assessment of the findings 
        in the current body of domestic and international 
        scientific literature on the atmospheric, climatic, 
        biological, health, and environmental consequences of 
        nuclear explosions and nuclear exchanges.
          (2) A thorough evaluation of the implications that 
        such findings have on--
                  (A) the nuclear weapons policy of the United 
                States, especially with regard to strategy, 
                targeting, planning, command, control, 
                procurement, and deployment;
                  (B) the nuclear arms control policy of the 
                United States; and
                  (C) the civil defense policy of the United 
                States.
          (3) A discussion of the manner in which the results 
        of such evaluation of policy implications will be 
        incorporated into the nuclear weapons, arms control, 
        and civil defense policies of the United States.
          (4) An analysis of the extent to which current 
        scientific findings on the consequences of nuclear 
        explosions are being studied, disseminated, and used in 
        the Soviet Union.
          (5) A plan for a five-year research program to 
        advance understanding of nuclear winter and an estimate 
        of the funding necessary to carry out such a research 
        program.
    (c) Evaluation of Report.--Upon submission of the report 
under subsection (b), the Secretary shall contract with the 
National Academy of Sciences to--
          (1) make an independent evaluation of the material 
        contained in the report; and
          (2) not later than April 1, 1988, submit a report to 
        the Secretary of Defense and to the Committees on Armed 
        Services of the Senate and of the House of 
        Representatives,\14\ setting forth the results of the 
        evaluation and may recommendations pertaining to the 
        contents of the report, including the plan for the 
        five-year research program.
---------------------------------------------------------------------------
    \14\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.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1373. DRUG INTERDICTION

    (a) Comprehensive Program.--Not later than 180 days after 
the date of the enactment of this Act, the President shall 
submit to Congress a comprehensive program designed to 
interdict aircraft, vessels, and vehicles carrying illegal 
drugs into the United States. The program shall include the 
following:
          (1) A clear division of authority in drug 
        interdiction and drug enforcement efforts among all 
        Federal law enforcement agencies involved in those 
        efforts and a mechanism which will insure maximum 
        coordination and cooperation among those agencies.
          (2) Designation of a lead agency principally 
        responsible for each of the following areas: marine and 
        air drug interdiction beyond the borders of the United 
        States; domestic and border drug interdiction efforts; 
        and domestic and foreign drug law enforcement efforts.
          (3) A requirement that such lead agency shall be 
        advised where possible in advance of activities by any 
        other agency in its area of responsibility and that, 
        upon objection by the lead agency, the matter shall be 
        referred to the National Drug Enforcement Policy Board 
        for resolution.
          (4) A comprehensive plan to enhance the capabilities, 
        manpower and equipment of the United States Coast Guard 
        by the end of fiscal year 1989 in order to 
        substantially increase the role of the Coast Guard in 
        drug interdiction and enforcement efforts. Such plan 
        shall specify requirements for command and control 
        between the Coast Guard and the Department of Defense 
        and civilian drug law enforcement and interdiction 
        agencies.
          (5) A comprehensive plan to maximize, to the extent 
        it does not adversely affect military preparedness and 
        consistent with the provisions of chapter 18 of title 
        10, United States Code, assistance by the Department of 
        Defense to other agencies in the drug enforcement and 
        interdiction effort.
          (6) A requirement that maximum use be made of 
        existing Department of Defense and Coast Guard command 
        and control networks as well as other available 
        military resources, including equipment, intelligence, 
        and training capabilities.
    (b) Report--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to Congress a 
report discussing the following:
          (1) Recommendations for amendments to chapter 18 of 
        title 10, United States Code, to allow more efficient 
        use of the Armed Forces in combating illegal drug 
        trafficking.
          (2) The legal consequences of amending chapter 18 of 
        title 10, United States Code, to permit the direct 
        participation of members of the Armed Forces in the 
        interdiction of vessels or aircraft, search and 
        seizure, arrest, or other similar activity in the 
        assistance of civilian law enforcement officials.
          (3) The amount of training, the cost of training, and 
        the number of military personnel required to effectuate 
        the changes referred to in paragraph (2).
          (4) The effect on military preparedness of a drug 
        interdiction program that would require the Armed 
        Forces to halt the unlawful penetration of the United 
        States borders by aircraft and vessels carrying 
        narcotics and that would use military personnel to 
        locate, pursue, and seize such vessels and aircraft and 
        to arrest their crews.
          (5) The costs in the areas of procurement, operation 
        and maintenance, and personnel which would be necessary 
        to restore military preparedness to the level existing 
        before commencement of the program described in 
        paragraph (4).
          (6) The cost and number of aircraft, vessels, and 
        personnel needed to seal the borders of the United 
        States, including Alaska and Hawaii, to interdict the 
        unlawful penetration of aircraft, vessels, and ground 
        traffic carrying narcotics.
          (7) The cost and number of aircraft and personnel 
        needed to provide continuous aerial radar coverage of 
        the United States in order to interdict the unlawful 
        penetration of aircraft carrying narcotics.
          (8) The cost and number of rotor wing and fixed wing 
        aircraft needed to pursue and seize intruding aircraft 
        detected by the radar coverage referred to in paragraph 
        (7) including a plan for the deployment of such rotor 
        wing and fixed wing aircraft.
          (9) The effect of carrying out the program referred 
        to in paragraph (4) of the United States' ability to 
        meet its defense responsibilities, particularly to 
        members of the North Atlantic Treaty Organization, 
        Japan, Korea, and Australia.
          * * * * * * *
            t. Department of Defense Authorization Act, 1986

  Partial text of Public Law 99-145 [S. 1160], 99 Stat. 583, approved 
 November 8, 1985; as amended by Public Law 99-190 [Further Continuing 
Appropriations, 1985; H.J. Res. 465]; 99 Stat. 1185, approved December 
19, 1985; Public Law 99-661 [National Defense Authorization Act, Fiscal 
Year 1987; S. 2638], 100 Stat. 3816, approved November 14, 1986; Public 
Law 100-456 [National Defense Authorization Act, Fiscal Year 1989; H.R. 
4481], 102 Stat. 1918, approved September 29, 1988; 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-
  510 [National Defense Authorization Act for Fiscal Year 1991, H.R. 
 4739], 104 Stat. 1704, approved November 5, 1990; Public Law 102-190 
  [National Defense Authorization Act for Fiscal Years 1992 and 1993, 
 H.R. 2100], 105 Stat. 1290, approved December 5, 1991; Public Law 102-
  484 [National Defense Authorization Act for Fiscal Year 1993; H.R. 
 5006], 106 Stat. 2315, approved October 23, 1992; 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 103-337 [National Defense Authorization Act for Fiscal 
 Year 1995; S. 2182], 108 Stat. 2663, approved October 5, 1994; Public 
 Law 104-106 [National Defense Authorization Act for Fiscal Year 1996; 
S. 1124], 110 Stat. 186, approved February 10, 1996; and by Public Law 
 105-85 [National Defense Authorization Act for Fiscal Year 1998; H.R. 
           1119], 111 Stat. 1629, approved November 18, 1997

   AN ACT To authorize appropriations for military functions of the 
 Department of Defense and to prescribe military personnel levels for 
 the Department of Defense for fiscal year 1986, to revise and improve 
    military compensation programs, to improve defense procurement 
   procedures, to authorize appropriations for fiscal year 1986 for 
 national security programs of the Department of Energy, and for other 
                                purposes

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

                          TITLE I--PROCUREMENT

          * * * * * * *

                     Part A--Funding Authorizations

          * * * * * * *

SEC. 106. NATO COOPERATIVE PROGRAMS

    (a) Authorization of Appropriations for Cooperative Defense 
Programs.--(1) There is hereby authorized to be appropriated to 
the Secretary of Defense for fiscal year 1986 the amount of 
$75,000,000 for North Atlantic Treaty Organization cooperative 
defense programs as follows:
          For acquisition of point air defense of United States 
        airbases in the Federal Republic of Germany, 
        $30,000,000.
          For acquisition of point air defense of United States 
        airbases and other critical United States military 
        facilities in Italy, $15,000,000.
          For acquisition of point air defense and port defense 
        for facilities in Belgium, $15,000,000.
          For acquisition of point air defense of United States 
        airbases in Turkey, $15,000,000.
    (2) None of the amounts appropriated pursuant to the 
authorizations in paragraph (1) may be obligated\1\ for 
acquisitions in connection with a NATO cooperative defense 
program in which the financial obligations of the United States 
exceed the collective financial obligations of European 
countries in connection with such program.
---------------------------------------------------------------------------
    \1\Sec. 1302(e) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1669) struck out par. 
designations (A) and (B) here and accompanying text, including:
    ``(A) for implementation of a cooperative program until the 
Secretary of Defense submits to the Committees on Armed Services of the 
Senate and House of Representatives a copy of each government-to-
government agreement relating to that program; or''.
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    (b) Extension of Authority Provided Secretary of Defense in 
Connection With the NATO AWACS Program.--Effective on October 
1, 1985, section 103(a) of the Department of Defense 
Authorization Act, 1982 (Public Law 97-86; 95 Stat. 1100), is 
amended by striking out ``fiscal year 1985'' both places it 
appears and inserting in lieu thereof ``fiscal year 1986''.
          * * * * * * *

                  Part B--Strategic Defense Initiative

SEC. 221. FUNDING FOR FISCAL YEAR 1986

    Of the amount authorized in section 201 for the Defense 
Agencies, $2,750,000,000 is available for the Strategic Defense 
Initiative, of which $12,500,000 is available only for the 
medical application of free-electron lasers and associated 
material and physical science research.
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    \2\Formerly at 10 U.S.C. 139 note. Sec. 253(1) of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 
Stat. 234) repealed sec. 222, which had provided as follows:
    ``sec. 222. requirement for specific authorization for deployment 
of strategic defense initiative system
    ``A strategic defense system developed as a consequence of 
research, development, test, and evaluation conducted on the Strategic 
Defense Initiative program may not be deployed in whole or in part 
unless--
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          ``(1) the President determines and certifies to Congress in 
        writing that--

                  ``(A) the system is survivable (that is, the system 
                is able to maintain a sufficient degree of 
                effectiveness to fulfill its mission, even in the face 
                of determined attacks against it); and
                  ``(B) the system is cost effective at the margin to 
                the extent that the system is able to maintain its 
                effectiveness against the offense at less cost than it 
                would take to develop offensive countermeasures and 
                proliferate the ballistic missiles necessary to 
                overcome it; and

          ``(2) funding for the deployment of such system has been 
        specifically authorized by legislation enacted after the date 
        on which the President makes the certification to Congress.''.

SEC. 222.\2\ * * * [Repealed--1996]

SEC. 223. REPORTS ON STRATEGIC DEFENSE INITIATIVE

    (a) Report on Potential Responses to SDI and on RDT&E 
Cost.--(1) The Secretary of Defense shall submit to Congress a 
report as to--
          (A) what probable responses can be expected from 
        potential enemies should the Strategic Defense 
        Initiative programs be carried out to procurement and 
        deployment, such as what increase may be anticipated in 
        offensive enemy weapons in an enemy's attempt to 
        penetrate the defensive shield by increasing the number 
        or qualities of its offensive weapons:
          (B) what can be expected from potential enemies in 
        the deployment of weapons not endangered by the 
        Strategic Defense Initiative, such as cruise missiles 
        and low trajectory submarine missiles;
          (C) the degree of the dependency of success for the 
        Strategic Defense Initiative upon a potential enemy's 
        anti-satellite weapons capability; and
          (D) the cost estimates for the research, development, 
        test, and evaluation for the proposed Strategic Defense 
        Initiative.
    (2) The report required by paragraph (1) shall be submitted 
to Congress with the request of the Secretary of Defense for 
appropriations for the Strategic Defense Initiative for fiscal 
year 1987.
    (b) Report on Procurement and Deployment Cost.--The 
Secretary of Defense shall submit to Congress a report on the 
cost estimates for procurement and deployment of Strategic 
Defense Initiative programs. The report shall be submitted as 
soon as possible but not later than submission of the budget 
request of the Department of Defense for fiscal year 1989. The 
Secretary shall include in such report the following 
information:\3\
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    \3\Sec. 214 of Public Law 99-661 added the last sentence and 
subpar. (1) and (2).
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          (1)\3\ The cost goals or cost objectives for the 
        production and deployment of a Strategic Defense 
        Initiative System determined on the basis of 
        capabilities expected to be developed in the future and 
        the cost goals or cost objectives for the individual 
        components of such system (determined on the basis of 
        capabilities expected to be developed in the future).
          (2)\3\ The estimated cost for production and 
        deployment of the Strategic Defense Initiative System 
        referred to in paragraph (1) and determined on the 
        basis of prices in effect and capabilities in existence 
        at the time of the preparation of the report and the 
        estimated cost for the production and deployment of the 
        individual components of such system (determined on the 
        basis of prices in effect and capabilities in existence 
        at the time of the preparation of the report).

SEC. 224. CONGRESSIONAL POLICY REGARDING CONSULTATION WITH OTHER 
                    MEMBERS OF NATO ON THE STRATEGIC DEFENSE INITIATIVE

    (a) Commendation of President's Action.--The Congress 
commends the President's attempts to initiate cooperation 
between the United States and other member nations of the North 
Atlantic Treaty Organization (NATO) on the Strategic Defense 
Initiative.
    (b) Consultation and Cooperation With Other NATO Nations.--
It is the sense of Congress--
          (1) that the mutual defense of NATO member nations is 
        strengthened when there is a high degree of 
        consultation and cooperation among member nations; and
          (2) that the President should continue consultations 
        with other member nations of NATO on the Strategic 
        Defense Initiative program and, to the maximum extent 
        feasible and within national security guidelines, keep 
        such member nations informed of the progress, plans, 
        and potential proposals of the United States regarding 
        such program.
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    \4\Sec. 253(2) of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 234) repealed sec. 225, which 
stated congressional findings and a sense of the Congress regarding SDI 
and the ABM Treaty.
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SEC. 225.\4\ * * * [Repealed--1996]

SEC. 226. REPORT ON STRATEGIC AND THEATER BALLISTIC MISSILE DEFENSES

    (a) Requirement for Study.--The Secretary of Defense shall 
conduct a study to examine the feasibility and military value 
of the early application of defenses against ballistic missile 
attack from the standpoint of--
          (1) defending high value United States and allied 
        capabilities abroad; and
          (2) defending United States strategic deterrent 
        capabilities.
    (b) Matters To Be Included in Study.--The study shall 
specifically address--
          (1) the contribution such defenses could make to 
        deterrence stability;
          (2) the adequacy in this regard of existing programs, 
        including in particular the Strategic Defense 
        Initiative; and
          (3) the adequacy of the Army's Anti-Tactical Missile 
        (ATM) program for allied defense.
    (c) Report on Study.--The Secretary of Defense shall submit 
to Congress a report containing the results of such study not 
later than February 15, 1986.

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

SEC. 305. AUTHORIZATION OF APPROPRIATIONS FOR TRANSPORTATION OF 
                    HUMANITARIAN RELIEF SUPPLIES TO AFGHAN REFUGEES

    (a) Authorization of Funds.--(1) There is hereby authorized 
to be appropriated to the Department of Defense for fiscal year 
1986 the sum of $10,000,000 and for fiscal year 1987 the sum of 
$10,000,000 for the purpose of providing transportation for 
humanitarian relief for persons displaced or who are refugees 
because of the invasion of Afghanistan by the Soviet Union.\5\
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    \5\Sec. 331(a) of the Department of Defense Authorization Act, 1987 
(Public Law 99-661; 100 Stat. 3816), added the phrase "and for fiscal 
year 1987 the sum of $10,000,000".
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    (2)\6\ Of the funds appropriated by the Department of 
Defense Appropriations Act, 1986 (as contained in section 
101(b) of Public Law 99-190; 99 Stat. 1189), for operation and 
maintenance for the Air Force, $7,000,000 shall remain 
available for obligation until September 30, 1987, for the 
purpose described in paragraph (1) (including providing 
transportation of excess nonlethal supplies of the Department 
of Defense made available for humanitarian relief purposes 
under section 2547 of title 10, United States Code). Such funds 
shall be in addition to funds appropriated pursuant to the 
authorization in paragraph (1).
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    \6\This subsection was added by sec. 331(a) of the Department of 
Defense Authorization Act, 1987 (Public Law 99-661; 100 Stat. 3816).
---------------------------------------------------------------------------
    (b) Transportation Under Direction of the Secretary of 
State.--Transportation provided with funds appropriated 
pursuant to the authorization in this section shall be under 
the direction of the Secretary of State.
    (c) Means of Transportation To Be Used.--Transportation for 
humanitarian relief provided with funds appropriated pursuant 
to the authorization in this section shall be by the most 
economical commercial or military means available, unless the 
Secretary of State determines that it is in the national 
interest of the United States to use means other than the most 
economical available. Such means may include the use of 
aircraft and personnel of the reserve components of the Armed 
Forces.
    (d)\6\ Authorization To Transfer Funds.--The Secretary of 
Defense is authorized to transfer to the Secretary of State not 
more than $3,000,000 of the funds appropriated pursuant to the 
authorization in this section for fiscal year 1987 to provide 
for (1) paying administrative costs of providing the 
transportation described in subsection (a), and (2) providing 
for the acquisition of transportation assets for the 
distribution of supplies outside the United States to 
accomplish the purposes of this section.
    (e)\6\ Availability of Funds.--Amounts appropriated 
pursuant to the authorization in subsection (a) shall remain 
available until expended, to the extent provided in 
appropriation Acts.
          * * * * * * *

              TITLE X--MATTERS RELATING TO ARMS CONTROL\7\
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    \7\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. F.
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          * * * * * * *

                   TITLE XI--MATTERS RELATING TO NATO

          * * * * * * *

SEC. 1103.\8\ NATO COOPERATIVE RESEARCH AND DEVELOPMENT--* * * 
                    [Repealed--1989]
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    \8\Sec. 931 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1531) codified 
several sections of title 10 relating to cooperative agreements with 
NATO and other countries (see secs. 2350a-f), and repealed sec. 1103.
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          * * * * * * *

                     TITLE XIV--GENERAL PROVISIONS

          * * * * * * *

SEC 1411.\9\ CONDITIONS OF SPENDING FUNDS FOR BINARY CHEMICAL MUNITIONS

    (a) Limitation on Fiscal Year 1986 Funds.--Funds 
appropriated pursuant to authorizations of appropriations in 
title I may not be used--
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    \9\Sec. 1411 was amended and restated by sec. 8093 of the Further 
Continuing Appropriations, 1986 (Public Law 99-190; 99 Stat. 1217).
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          (1) for procurement or assembly of binary chemical 
        munitions (or components of such munitions); or
          (2) for establishment of production facilities 
        necessary for procurement or assembly of binary 
        chemical munitions (or components of such munitions), 
        except in accordance with subsections (b), (c), (d), 
        and (e).
    (b) NATO Consultation.--Subject to subsections (c), (d), 
and (e), funds referred to in subsection (a) may be used for 
procurement or assembly of binary chemical munitions or for the 
establishment of production facilities necessary for the 
procurement or assembly of binary chemical munitions (or 
components of such munitions) if the President certifies to 
Congress that the United States--
          (1) has submitted to the North Atlantic Treaty 
        Organization, a force goal stating the requirement for 
        modernization of the United States proportional share 
        of the NATO chemical deterrent with binary munitions 
        and said force goal has been formally adopted by the 
        North Atlantic Council;
          (2) has developed in coordination with the Supreme 
        Allied Commander, Europe, a plan under which United 
        States binary chemical munitions can be deployed under 
        appropriate contingency plans to deter chemical weapons 
        attacks against the United States and its allies; and
          (3) has consulted with other member nations of the 
        North Atlantic Treaty Organization (NATO) on that plan.
    (c) Conditions for Final Assembly.--Funds referred to in 
subsection (a) may not be used for the final assembly of 
complete binary chemical munitions before October 1, 1987, and, 
subject to subsections (d) and (e), may only be used for such 
purpose on or after that date if--
          (1) a mutually verifiable international agreement 
        concerning binary and other similar chemical munitions 
        has not been entered into by the United States by that 
        date;
          (2)\10\ the President, after that date, transmits to 
        Congress a certification that--
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    \10\The President transmitted to the Congress certification with 
respect to the 155mm Binary Chemical Artillery Projectile, on October 
16, 1987, as printed in House Document 100-118, October 19, 1987.
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                  (A) final assembly of such complete munitions 
                is necessitated by national security interests 
                of the United States and the interests of other 
                NATO member nations;
                  (B) handling and storage safety 
                specifications established by the Department of 
                Defense with respect to such munitions will be 
                met or exceeded;
                  (C) applicable Federal safety requirements 
                will be met or exceeded in the handling, 
                storage, and other use of such munitions; and
                  (D) the plan of the Secretary of Defense for 
                destruction of existing United States chemical 
                warfare stocks developed pursuant to section 
                1412 (which shall, if not sooner transmitted to 
                Congress, accompany such certification) is 
                ready to be implemented;
          (3) final assembly is carried out only after the end 
        of the 60-day period beginning on the date such 
        certification is received by the Congress;
          (4) the plan of the Secretary of Defense for land-
        based storage of such munitions within the United 
        States during peacetime provides that the two 
        components that constitute a binary chemical munition 
        are to be stored in separate States; and
          (5) the plan of the Secretary of Defense for the 
        transportation of such munitions within the United 
        States during peacetime provides that the two 
        components that constitute a binary munition are 
        transported separately.
    (d) Restrictions on Production of the BIGEYE Bomb.--Except 
as provided below, none of the funds appropriated pursuant to 
authorizations of appropriations in title I may be used for 
procurement or assembly of the BIGEYE binary chemical bomb or 
for procurement of components for the BIGEYE bomb until 60 days 
after the Secretary of Defense has submitted a report 
describing--
          (1) the specific operational requirements which must 
        be achieved by the BIGEYE system; and
          (2) the actual performance of the system during 
        operational testing with respect to each of the 
        operational test criteria; and
          (3) any exceptions to the operational criteria deemed 
        acceptable by the Department of Defense.
Subject to subsection (b) nothing in this subsection will 
prohibit the procurement of BIGEYE production facilities and 
associated equipment.
    (e) Restriction on Production of the GB-2 Artillery 
Projectile.--None of the funds appropriated pursuant to 
authorizations in title I for procurement or assembly of the 
GB-2 artillery projectile may be obligated or expended before 
October 1, 1986.
    (f) Sense of Congress.--It is the sense of Congress that 
existing unitary chemical munitions currently stored in the 
United States and in European member nations of NATO should be 
replaced by modern, safer binary chemical munitions.
    (g) Report.--Not later than October 1, 1986, the President 
shall submit to Congress a report describing the results of 
consultations among NATO member nations concerning the 
organization's chemical deterrent posture. The report shall 
include descriptions of any consultations concerning--
          (1) efforts to provide key civilian workers at 
        military support facilities in Europe--
                  (A) with personal and collective equipment to 
                protect against the use of chemical munitions; 
                and
                  (B) with the training required for the use of 
                such equipment;
          (2) efforts to upgrade the chemical reconnaissance, 
        decontamination, and protective capabilities of the 
        military forces of each NATO member nation to a level 
        adequate to meet the chemical threat identified in NATO 
        intelligence estimates;
          (3) efforts to initiate a NATO-wide study of measures 
        required to protect ports, airfields, logistics 
        centers, and command and control facilities in European 
        member nations of NATO against chemical attack; and
          (4) efforts to initiate a NATO-wide study of 
        equitable and efficient sharing among NATO member 
        nations of responsibilities with regard to deterring 
        the use of chemical munitions in Europe.

SEC. 1412.\11\ DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL 
                    AGENTS AND MUNITIONS

    (a)\12\ In General.--Notwithstanding any other provision of 
law, the Secretary of Defense (hereinafter in this section 
referred to as the ``Secretary'') shall, in accordance with the 
provisions of this section, carry out the destruction of the 
United States' stockpile of lethal chemical agents and 
munitions that exists on November 8, 1985.\13\
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    \11\50 U.S.C. 1521. See also subtitle G of Public Law 102-484 (106 
Stat. 2341).
    \12\Sec. 179(1) of Public Law 102-484 (106 Stat. 2347) struck out 
par. designation (1), and struck out par. (2) in subsec.(a).
    \13\Sec. 171(b) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1507) struck out ``the 
date of the enactment of this Act'' and inserted in lieu thereof 
``November 8, 1985''.
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    (b) Date for Completion.--(1) Except as provided by 
paragraphs (2) and (3), the destruction of such stockpile shall 
be completed by the stockpile elimination deadline.\14\
---------------------------------------------------------------------------
    \14\Sec. 118(a)(1) of the National Defense Authorization Act, 
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1934) struck out 
``September 30, 1994'' and inserted in lieu thereof ``the stockpile 
elimination deadline''.
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    (2) If a treaty banning the possession of chemical agents 
and munitions is ratified by the United States, the date for 
completing the destruction of the United States' stockpile of 
such agents and munitions shall be the date established by such 
treaty.
    (3)(A) In the event of a declaration of war by the Congress 
or of a national emergency by the President or the Congress or 
if the Secretary of Defense determines that there has been a 
significant delay in the acquisition of an adequate number of 
binary chemical weapons to meet the requirements of the Armed 
Forces (as defined by the Joint Chiefs of Staff as of September 
30, 1985), the Secretary may defer, beyond the stockpile 
elimination deadline,\14\ the destruction of not more than 10 
percent of the stockpile described in subsection (a)(1).
    (B) The Secretary shall transmit written notice to the 
Congress of any deferral made under subparagraph (A) not later 
than the earlier of (A) 30 days after the date on which the 
decision to defer is made, or (B) 30 days before the stockpile 
elimination deadline.\15\
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    \15\Sec. 118(a)(2) of the National Defense Authorization Act, 
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1934) struck out 
``within 30 days after the date on which the determination to defer is 
made or by August 31, 1994, whichever is earlier.'' and inserted in 
lieu thereof text beginning at ``not later than the earlier of * * *''.
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    (4)\16\ If the Secretary determines at any time that there 
will be a delay in meeting the requirement in paragraph (1) for 
the completion of the destruction of chemical weapons by the 
stockpile elimination deadline, the Secretary shall immediately 
notify the Committee on Armed Services of the Senate and the 
Committee on National Security of the House of 
Representatives\17\ of that projected delay.
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    \16\Sec. 118(a)(3) of the National Defense Authorization Act, 
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1934) added new par. 
(4) and (5).
    \17\Sec. 1502(b)(6) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 508) struck out 
``Committees on Armed Services of the Senate and House of 
Representatives'' and inserted in lieu thereof ``Committee on Armed 
Services of the Senate and the Committee on National Security of the 
House of Representatives''.
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    (5)\16\ For purposes of this section, the term ``stockpile 
elimination deadline'' means July 31, 1999.\18\
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    \18\Sec. 151(a) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1313) struck 
out ``April 30, 1997'' and inserted in lieu thereof ``July 31, 1999.
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    (c) Environmental Protection and Use of Facilities.--(1) In 
carrying out the requirement of subsection (a),\19\ the 
Secretary shall provide for--
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    \19\Sec. 179(2) of Public Law 102-484 (106 Stat. 2347) struck out 
``subsection (a)(1)'' and inserted in lieu thereof ``subsection (a)''.
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          (A) maximum protection for the environment, the 
        general public, and the personnel who are involved in 
        the destruction of the lethal chemical agents and 
        munitions referred to in subsection (a); and
          (B) adequate and safe facilities designed solely for 
        the destruction of lethal chemical agents and 
        munitions.
    (2) Facilities constructed to carry out this section may 
not be used for any purpose other than the destruction of 
lethal chemical weapons and munitions, and when no longer 
needed to carry out this section, such facilities shall be 
cleaned, dismantled, and disposed of in accordance with 
applicable laws and regulations.
  (3)\20\ In order to carry out subparagraph (A) of paragraph 
(1), the Secretary may make grants to State and local 
governments (either directly or through the Federal Emergency 
Management Agency) to assist those governments in carrying out 
functions relating to emergency preparedness and response in 
connection with the disposal of the lethal chemical agents and 
munitions referred to in subsection (a). Funds available to the 
Department of Defense for the purpose of carrying out this 
section may be used for such grants. Additionally, the 
Secretary may provide funds through cooperative agreements with 
State and local governments for the purpose of assisting them 
in processing, approving, and overseeing\21\ permits and 
licenses necessary for the construction and operation of 
facilities to carry out this section. The Secretary shall 
ensure that funds provided through such a cooperative agreement 
are used only for the purpose set forth in the preceding 
sentence.\22\
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    \20\Sec. 172 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1507) added par. (3).
    \21\Sec. 107(c) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1564) struck out ``and 
approving'' and inserted in lieu thereof ``, approving, and 
overseeing''.
    \22\Text beginning with ``Additionally, the Secretary may provide * 
* *'' was added by sec. 151(b) of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 
1313).
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    (d) Plan.--(1) The Secretary shall develop a comprehensive 
plan to carry out this section.
    (2) In developing such plan, the Secretary shall consult 
with the Secretary of Health and Human Services and the 
Administrator of the Environmental Protection Agency.
    (3) The Secretary shall transmit a copy of such plan to the 
Congress not later than March 15, 1986.
    (4) Such plan shall provide--
          (A) an evaluation of the comparison of onsite 
        destruction, regional destruction centers, and a 
        national destruction site both inside and outside of 
        the United States;
          (B) for technological advances in techniques used to 
        destroy chemical munitions;
          (C) for the maintenance of a permanent, written 
        record of the destruction of lethal chemical agents and 
        munitions carried out under this section; and
          (D) a description of--
                  (i) the methods and facilities to be used in 
                the destruction of agents and munitions under 
                this section;
                  (ii) the schedule for carrying out this 
                section; and
                  (iii) the management organization established 
                under subsection (e).
    (e) Management Organizations.--In carrying out this 
section, the Secretary shall provide for the establishment, not 
later than May 1, 1986, of a management organization within the 
Department of the Army.
    (2) Such organization shall be responsible for management 
of the destruction of agents and munitions under this section.
    (3) The Secretary shall designate a general officer or 
civilian equivalent\23\ as the director of the management 
organization established under paragraph (1). Such officer 
shall have--
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    \23\Sec. 153(c) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 216) inserted ``or 
civilian equivalent'' after ``general officer''.
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          (A) experience in the acquisition, storage, and 
        destruction of chemical agents and munitions;
          (B) training in chemical warfare defense operations; 
        and
          (C) outstanding qualifications regarding safety in 
        handling chemical agents and munitions.
    (f) Identification of Funds.--Funds for carrying out this 
section, including funds for military construction projects 
necessary to carry out this section,\24\ shall be set forth in 
the budget of the Department of Defense for any fiscal year as 
a separate account. Such funds shall not be included in the 
budget accounts for any military department.
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    \24\Sec. 142 of the National Defense Authorization Act for Fiscal 
Year 1995 (Public Law 103-337; 108 Stat. 2689) inserted ``, including 
funds for military construction projects necessary to carry out this 
section,'' after ``carrying out this section'', and struck out the last 
sentence of this subsection, which had read as follows: ``Funds for 
military construction projects necessary to carry out this section may 
be set out in the annual military construction budget separately from 
other funds for such project.''.
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    (g)\25\ Periodic Reports.--(1) Except as provided by 
paragraph (3),\26\ the Secretary shall transmit, by December 15 
of each year, a report to the Congress on the activities 
carried out under this section during the fiscal year ending on 
September 30 of the calendar year in which the report is to be 
made.
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    \25\Sec. 153(b)(1) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 216) struck out ``(g) 
Annual Report.--'' and inserted in lieu thereof ``(g) Periodic 
Reports.--''.
    \26\Sec. 179(3) of Public Law 102-484 (106 Stat. 2347) struck out 
``paragraph (4)'' and inserted in lieu thereof ``paragraph (3)''; 
struck out par. (2), which delineated the requirements of the first 
report to be filed by December 15, 1985; redesignated pars. (3) and (4) 
as (2) and (3), respectively.
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    (2)\27\ Each annual report shall contain--
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    \27\Sec. 153(b)(2)(A) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 216) struck out ``Each 
such report shall contain--'' and inserted in lieu thereof ``Each 
annual report shall contain--''. Previously, sec. 179(3) of Public Law 
102-484 (106 Stat. 2347) struck from par. (2) ``report other than the 
first one'' and inserted in lieu thereof ``such report''.
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          (A) a site-by-site description of the construction, 
        equipment, operation, and dismantling of facilities 
        (during the fiscal year for which the report is made) 
        used to carry out the destruction of agents and 
        munitions under this section, including any accidents 
        or other unplanned occurrences associated with such 
        construction and operation;\28\
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    \28\Sec. 171(a) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1507) struck out 
``and'' at the end of subpar. (A); inserted ``; and'' in lieu of a 
period at the end of subpar. (B); and added a new subpar. (C).
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          (B) an accounting of all funds expended (during such 
        fiscal year) for activities carried out under this 
        section, with a separate accounting for amounts 
        expended for--
                  (i) the construction of and equipment for 
                facilities used for the destruction of agents 
                and munitions;
                  (ii) the operation of such facilities;
                  (iii) the dismantling or other closure of 
                such facilities;
                  (iv) research and development;\29\
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    \29\Sec. 153(b)(2)(B) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 216) struck out ``and'' 
at the end of clause (iv); struck out a period and inserted ``; and'' 
at the end of clause (v); and added clause (vi). Clause (vi) should 
probably end with ``; and'' to lead into subparas. (C).
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                  (v) program management; and
                  (vi) travel and associated travel costs for 
                Citizens' Advisory Commissioners under section 
                172(g) of Public Law 102-484 (50 U.S.C. 1521 
                note).
          (C)\29\ an assessment of the safety status and the 
        integrity of the stockpile of lethal chemical agents 
        and munitions subject to this section, including--
                  (i) an estimate on how much longer that 
                stockpile can continue to be stored safely;
                  (ii) a site-by-site assessment of the safety 
                of those agents and munitions; and
                  (iii) a description of the steps taken (to 
                the date of the report) to monitor the safety 
                status of the stockpile and to mitigate any 
                further deterioration of that status.
    (3)\30\ The Secretary shall transmit the final report under 
paragraph (1)\31\ not later than 120 days following the 
completion of activities under this section.
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    \30\Sec. 1041(d) of Public Law 105-85 (111 Stat. 1885) struck out 
para. (3), struck out the last sentence in para. (4), and redesignated 
para. (4) as para. (3). These amendments, in effect, struck out 
amendments made previously by sec. 153(b) of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 
216). Former para. (3) read as follows:
    ``(3) The Secretary shall transmit to the Committee on Armed 
Services and the Committee on Appropriations of the Senate and the 
Committee on National Security and the Committee on Appropriations of 
the House of Representatives a quarterly report containing an 
accounting of all funds expended (during the quarter covered by the 
report) for travel and associated travel costs for Citizens' Advisory 
Commissioners under section 172(g) of Public Law 102-484 (50 U.S.C. 
1521 note). The quarterly report for the final quarter of the period 
covered by a report under paragraph (1) may be included in that 
report.''.
    The last sentence of para. (3), as redesignated from para. (4) and 
that sentence struck out by Public Law 105-85, read as follows: `No 
quarterly report is required under paragraph (3) after the transmittal 
of the final report under paragraph (1).''.
    \31\Sec. 153(b)(5)(A) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 216) struck out ``this 
subsection'' and inserted in lieu thereof ``paragraph (1)''.
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    (h) Prohibition on Acquiring Certain Lethal Chemical Agents 
and Munitions.--(1) Except as provided in paragraph (2), no 
agency of the Federal Government may, after November 8, 
1985,\32\ develop or acquire lethal chemical agents or 
munitions other than binary chemical weapons.
---------------------------------------------------------------------------
    \32\Sec. 171(b) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1507) struck out ``the 
date of the enactment of this Act'' and inserted in lieu thereof 
``November 8, 1985''.
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    (2)(A) The Secretary of Defense may acquire any chemical 
agent or munition at any time for purposes of intelligence 
analysis.
    (B) Chemical agents and munitions may be acquired for 
research, development, test, and evaluation purposes at any 
time, but only in quantities needed for such purposes and not 
in production quantities.
    (i) Reaffirmation of United States Position On First Use of 
Chemical Agents and Munitions.--It is the sense of Congress 
that the President should publicly reaffirm the position of the 
United States as set out in the Geneva Protocol of 1925, which 
the United States ratified with reservations in 1975.
    (j) Definitions.--For purposes of this section:
          (1) The term ``chemical agent and munition'' means an 
        agent or munition that, through its chemical 
        properties, produces lethal or other damaging effects 
        on human beings, except that such term does not include 
        riot control agents, chemical herbicides, smoke and 
        other obscuration materials.
          (2) The term ``lethal chemical agent and munition'' 
        means a chemical agent or munition that is designed to 
        cause death, through its chemical properties, to human 
        beings in field concentrations.
          (3) The term ``destruction'' means, with respect to 
        chemical munitions or agents--
                  (A) the demolishment of such munitions or 
                agents by incineration or by any other means; 
                or
                  (B) the dismantling or other disposal of such 
                munitions or agents so as to make them useless 
                for military purposes and harmless to human 
                beings under normal circumstances.
    (k)\33\ Operational Verification.--(1) Until the Secretary 
of the Army successfully completes (through the prove-out work 
to be conducted at Johnston Atoll) operational verification of 
the technology to be used for the destruction of live chemical 
agents and munitions under this section, the Secretary may not 
conduct any activity for equipment prove out and systems test 
before live chemical agents are introduced at a facility (other 
than the Johnston Atoll facility) at which the destruction of 
chemical agent and munitions weapons is to take place under 
this section. The limitation in the preceding sentence shall 
not apply with respect to the Chemical Agent Munition Disposal 
System in Tooele, Utah.
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    \33\Sec. 118(b) of the National Defense Authorization Act, Fiscal 
Year 1989 (Public Law 100-456; 102 Stat. 1934) struck out subsection 
(k), which had provided an effective date for the provisions of this 
section to be October 1, 1985, and inserted in lieu thereof subsec. (k) 
on ``Operational Verification''.
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    (2) Upon its successful completion of the prove out of the 
equipment and facility at Johnston Atoll, the Secretary of 
Defense shall submit to the Committee on Armed Services of the 
Senate and the Committee on National Security of the House of 
Representatives\34\ a report certifying that the prove out is 
completed.
---------------------------------------------------------------------------
    \34\Sec. 1502(b)(6) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 508) struck out 
``Committees on Armed Services of the Senate and House of 
Representatives'' and inserted in lieu thereof ``Committee on Armed 
Services of the Senate and the Committee on National Security of the 
House of Representatives''.
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    (3) If the Secretary determines at any time that there will 
be a delay in meeting the deadline of December 31, 1990, 
scheduled by the Department of Defense for completion of the 
operational verification at Johnston Atoll referred to in 
paragraph (1), the Secretary shall immediately notify the 
Committees of that projected delay.

SEC. 1413. REPORT CONCERNING THE TESTING OF CHEMICAL WARFARE AGENTS

    The Secretary of Defense shall, within 90 days after the 
date of enactment of this Act, transmit a report to the 
Committees on Armed Services of the Senate and House of 
Representatives\35\ describing the following matters concerning 
the testing of diluted or undiluted chemical warfare agents:
---------------------------------------------------------------------------
    \35\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.
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          (1) The criteria and process used for selecting sites 
        for such testing.
          (2) The nature and extent of any consultation carried 
        out with State and local officials before the site for 
        such testing is selected.
          (3) The consideration that is given to the proximity 
        of residential dwelling units, schools, child care 
        centers, nursing homes, hospitals, or other health care 
        facilities to the testing site.
          (4) Whether an environmental impact statement should 
        be required prior to the approval of a contract for 
        such testing.
          (5) Any costs that may have to be incurred by the 
        Federal Government to assist companies that carry out 
        such testing to relocate to more isolated areas.
          (6) The degree to which the Secretary estimates that 
        such testing will increase or decrease.
          (7) Any recurring problems associated with such 
        testing or the site selection process for such testing.
          (8) Any changes in site selection process that are to 
        be implemented by the Secretary or for which 
        legislative action is necessary.

Part C--Drug Interdiction, Law Enforcement, and Other Specific Programs

SEC. 1421.\36\ ENHANCED DRUG-INTERDICTION ASSISTANCE

    (a) Mandatory Assignment of Coast Guard Personnel on Naval 
Vessels.--The Secretary of Defense and the Secretary of 
Transportation shall provide that there be assigned on board 
each surface naval vessel at sea in a drug-interdiction area at 
least one member of the Coast Guard who is trained in law 
enforcement and has power to arrest, search, and seize property 
and persons suspected of violations of law.
---------------------------------------------------------------------------
    \36\14 U.S.C. 89 note.
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    (b) Law Enforcement Functions.--Members of the Coast Guard 
assigned to duty on board naval vessels under this section 
shall perform such law enforcement functions (including drug-
interdiction functions)--
          (1) as may be agreed upon by the Secretary of Defense 
        and the Secretary of Transportation; and
          (2) as are otherwise within the jurisdiction of the 
        Coast Guard.
    (c) Authorization of Necessary Coast Guard Personnel; 
Funding.--(1) The active-duty military strength level for the 
Coast Guard for fiscal year 1986 is increased by 500. 
Additional members of the Coast Guard who are on active duty by 
reason of this subsection shall be assigned to duty as provided 
in subsection (a).
    (2) Of the funds appropriated for operation and maintenance 
for the Navy for fiscal year 1986, the sum of $15,000,000 shall 
be transferred to the Secretary of Transportation and shall be 
available only for the additional personnel authorized by 
paragraph (1).
    (d) Definitions.--For the purposes of this section:
          (1) The term ``drug-interdiction area'' means an area 
        outside the land area of the United States in which the 
        Secretary of Defense (in consultation with the Attorney 
        General) determines that activities involving smuggling 
        of drugs into the United States are ongoing.
          (2) The term ``active-duty military strength level 
        for the Coast Guard for fiscal year 1986'' means the 
        full-time equivalent strength level for active- duty 
        military personnel of the Coast Guard for fiscal year 
        1986 required to be maintained by section 3 of the 
        Coast Guard Authorization Act of 1984 (Public Law 98-
        557; 98 Stat. 2860).

SEC. 1422. ESTABLISHMENT, OPERATION, AND MAINTENANCE OF DRUG LAW 
                    ENFORCEMENT ASSISTANCE ORGANIZATIONS OF THE 
                    DEPARTMENT OF DEFENSE

    (a) Authorization of Funds for Elements Assisting Civilian 
Drug Interdiction.--(1) There are authorized to be appropriated 
to the Department of Defense for fiscal year 1986 such sums as 
may be necessary for the establishment, operation, and 
maintenance of airborne surveillance, detection, and 
interdiction units in the Department of Defense.
    (2) There are authorized to be appropriated to the 
Department of Defense for fiscal year 1986 such sums as may be 
necessary for the operation and maintenance of the Directorate 
of the Department of Defense Task Force on Drug Law 
Enforcement.
    (b) Command, Control, and Coordination.--A special 
operations headquarters element shall provide necessary 
command, control, and coordination of appropriate active or 
Reserve Component special operations forces, combat rescue 
units, and other units for participation by such forces and 
units in drug law-enforcement assistance missions.
    (c) Report on Plans to Enhance Cooperation With Civilian 
Drug Enforcement Agencies.--Not later than December 1, 1985, 
the Secretary of Defense shall submit to the committees on 
Armed Services of the Senate and the House of 
Representatives\37\ a report on the manner in which the 
Department of Defense plans to obligate and expend funds 
appropriated or expected to be appropriated pursuant to the 
authorizations contained in this section. The report shall 
include a description of--
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    \37\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.
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          (1) actions or proposed actions to establish, 
        operate, and maintain reserve component forces, 
        airborne surveillance, detection, and interdiction 
        units, including--
                  (A) actions or proposed actions to 
                consolidate or establish, in a Special 
                Operations Wing of the Air Force (reserve or 
                active component), command, control, and 
                coordination of Air Force Special Operations 
                aircraft (including aircraft assigned to the 
                Special Operations Wing of the Regular Air 
                Force on or before March 1, 1985); and
                  (B) in the case of any such aircraft which 
                are not to remain assigned to a Special 
                Operation Wing of the Air Force, the 
                disposition or planned disposition of those 
                aircraft;
          (2) actions and proposed actions to use rotary-wing 
        and fixed-wing aircraft of the Department of Defense as 
        well as other measures necessary to furnish 
        (commensurate with military readiness and the 
        provisions of chapter 18 of title 10, United States 
        Code) optimal support to civilian law enforcement 
        agencies; and
          (3) actions and proposed actions to promote dual use 
        between the reserve component forces and civilian law 
        enforcement agencies of the Department of Defense 
        aircraft and other Department of Defense resources made 
        available to civilian law enforcement agencies for the 
        purpose of carrying out drug interdiction missions.
          * * * * * * *

SEC. 1424. STUDY ON THE USE OF THE E-2 AIRCRAFT FOR DRUG INTERDICTION 
                    PURPOSES

    (a) Study by Secretary of the Navy.--The Secretary of the 
Navy shall conduct a test of the use of E-2 aircraft of the 
Navy to determine the effectiveness of that aircraft in drug 
interdiction. The study shall be conducted along the border 
between the United States and Mexico and shall be carried out 
over a period of 6 months.
    (b) Collection of Data.--As part of the test, the Secretary 
shall collect data on the contribution on the use of the E-2 
aircraft to the apprehension of drug smugglers. This data shall 
include the number of intercepts which resulted in 
apprehensions.
    (c) Report.--Not later than September 30, 1986, the 
Secretary shall submit to Congress a report on the results of 
the study.

SEC. 1425. STRATEGIC BOMBER PROGRAMS

    (a) Sense of Congress Regarding the Advanced Technology 
Bomber and the Advanced Cruise Missile.--It is the sense of 
Congress that--
          (1) the capabilities inherent in the technologies 
        associated with the Advanced Technology Bomber program 
        and the Advanced Cruise Missile program are a critical 
        national security asset for maintaining an adequate and 
        credible deterrent posture;
          (2) such technologies and programs should be 
        developed as rapidly as feasible in order to produce 
        and deploy advanced systems which will complicate the 
        military planning of the Soviet Union and as a 
        consequence enhance the deterrent posture of the United 
        States;
          (3) such technologies and programs should be funded 
        at the levels authorized in this Act; and
          (4) all the funds appropriated for such programs 
        should be fully used for such programs.
    (b) Prohibition on Use of Funds for ATB and ACM for Any 
Other Purpose.--None of the funds appropriated pursuant to an 
authorization of appropriations in this Act to carry out the 
Advanced Technology Bomber program or the Advanced Cruise 
Missile program may be used for any other purpose.
    (c) Sense of Congress on B-1B Bomber Program.--It is the 
sense of Congress that, consistent with the stated policy of 
the Department of Defense, the B-1B bomber aircraft procurement 
program should be terminated after acquisition under such 
program of 100 aircraft.
    (d) Limitation on Number of B-1B Aircraft To Be Procured.--
None of the funds appropriated pursuant to an authorization 
contained in this Act may be obligated or expended for the 
conduct of research, design, demonstration, development, or 
procurement of more than 100 B-1B bomber aircraft (including 
any derivative or modified version of such aircraft).

SEC. 1426. RESTRICTIONS ON CERTAIN NUCLEAR PROGRAMS

    (a) Restriction on Funding for MX Missile Warhead.--None of 
the funds appropriated pursuant to an authorization provided in 
this or any other Act may be obligated or expended for the 
production of W-87 warheads for the MX missile program in 
excess of the numbers of warheads required to arm the number of 
such missiles authorized by the Congress to be deployed and 
determined by the President to be necessary for quality 
assurance and reliability testing.
    (b) Employment of the Standard Missile (SM-2(N)).--Except 
for the studies and report required by this section, none of 
the funds authorized to be appropriated by this Act may be 
expended for research, development, test, or procurement 
associated with a nuclear variant of the Standard Missile (SM-
2(N)) or any associated nuclear warhead until 30 calendar days 
after the Secretary of the Navy submits to the Committees on 
Armed Services of the Senate and House of Representatives\38\ a 
report which includes the following information:
---------------------------------------------------------------------------
    \38\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.
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          ((1) A description of the circumstances under which 
        the SM-2(N) would be used and an assessment of likely 
        enemy response (including countermeasures).
          (2) A description of the release procedures and 
        circumstances under which release would be authorized 
        for employment of the SM-2(N).
          (3) An analysis of conventional alternatives to the 
        SM-2(N), including any necessary modification to the 
        SM-2 or alternative to the Standard Missile or warhead, 
        and the associated costs of those alternatives.
          (4) A summary of all studies previously conducted 
        analyzing the impact of the use of nuclear naval 
        surface-to-air missiles on our own vessels and 
        electronics.
          (5) A list of all United States ships which may 
        receive the SM-2(N).
          (6) The number of additional conventional armed 
        missiles which could be carried by United States ships 
        if the SM-2(N) were not deployed and the impact on 
        fleet air defense from that reduced conventional load.
          (7) Any plans or programs for the development of a 
        nuclear naval surface- to-air or air-to-air missile for 
        fleet defense other than the SM-2(N).
    (c) Report on Requirements for Special Nuclear Materials.--
(1) Not later than March 1, 1986, the Secretary of Defense and 
the Secretary of Energy, after consultation with the Joint 
Chiefs of Staff and the Director of the Arms Control and 
Disarmament Agency, shall submit a report to the Committees on 
Armed Services of the Senate and House of Representatives\38\ 
detailing the military requirements for special nuclear 
materials through fiscal year 1991. The report shall include 
findings and recommendations concerning--
          (A) requirements for production of plutonium, highly 
        enriched uranium, and other special nuclear materials; 
        and
          (B) the recovery of special nuclear materials for 
        military uses that have been transferred from military 
        uses to civilian research and development uses.
    (2) The report should also--
          (A) address the availability of special nuclear 
        materials to be derived from the retirement of existing 
        nuclear weapons;
          (B) address the feasibility of meeting military needs 
        for special nuclear materials through the blending of 
        high grade and low grade materials stocks;
          (C) assess the impact of new materials separation, 
        purification, and production technologies on nuclear 
        proliferation; and
          (D) contain the views of the Joint Chiefs of Staff 
        and the Director of the Arms Control and Disarmament 
        Agency.
          * * * * * * *

                    Part E--Miscellaneous Provisions

SEC. 1451. SENSE OF CONGRESS ON INTRODUCTION OF ARMED FORCES INTO 
                    NICARAGUA FOR COMBAT

    It is the sense of Congress that United States Armed Forces 
should not be introduced into or over Nicaragua for combat. 
However, nothing in this section shall be construed as 
affecting the authority and responsibility of the President or 
Congress under the Constitution, statutes, or treaties of the 
United States in force.

SEC. 1452. SENSE OF CONGRESS CONCERNING PROTECTION OF UNITED STATES 
                    MILITARY PERSONNEL AGAINST TERRORISM

    (a) Finding.--The Congress finds that the protection of 
members of the Armed Forces against terrorist activity is among 
the highest national security concerns of the United States.
    (b) Sense of Congress.--Therefore, it is the sense of 
Congress that--
          (1) the President should be supported in the vigorous 
        exercise of his powers as Commander-in-Chief to protect 
        members of the Armed Forces against terrorist activity; 
        and
          (2) such exercise of power should include the use of 
        such measures as may be appropriate and consistent with 
        law.

SEC. 1453. READINESS OF SPECIAL OPERATIONS FORCES

    (a) Congressional Findings.--The Congress finds that--
          (1) the first duty of the Government is to provide 
        for the common defense, including safeguarding the 
        peace, safety, and security of the citizens of the 
        United States;
          (2) the incidence of terrorist, guerrilla, and other 
        violent threats to citizens and property of the United 
        States has rapidly increased;
          (3) the special operations forces of the Armed Forces 
        provide the United States with immediate and primary 
        capability to respond to terrorism; and
          (4) the special operations forces are the military 
        mainstay of the United States for the purposes of 
        nation-building and training friendly foreign forces in 
        order to preclude deployment or combat involving the 
        conventional or strategic forces of the United States.
    (b) Sense of the Congress.--In view of the findings in 
subsection (a), it is the sense of the Congress that--
          (1) the revitalization of the capability of the 
        special operations forces of the Armed Forces should be 
        pursued as a matter of the highest priority;
          (2) personnel and other resources allocations should 
        reflect the priority referred to in paragraph (1);
          (3) the political and military sensitivity and the 
        importance to national security of the special 
        operations forces require that the Office of the 
        Secretary of Defense should improve its management 
        supervision of such forces in all aspects of the 
        special operations mission area;
          (4) the joint command and control of the special 
        operations forces must permit direct and immediate 
        access by the President and Secretary of Defense; and
          (5) the commanders-in-chief of the unified commands 
        should have available, within their operational areas 
        of responsibility, sufficient special operations assets 
        to execute the operations plans for which they are 
        responsible or to support additional contingency 
        operations directed from the national level.
          * * * * * * *
            u. Department of Defense Authorization Act, 1985

Partial text of Public Law 98-525 [H.R. 5167], 98 Stat. 2492, Approved 
October 19, 1984 as amended by Public Law 99-145 [Department of Defense 
  Authorization Act, 1986; S. 1160], 99 Stat. 619, Public Law 99-661 
[National Defense Authorization Act for Fiscal Year 1987, S. 2368] 100 
 Stat. 3816, approved November 14, 1986; Public Law 100-456 [National 
  Defense Authorization Act, Fiscal Year 1989; H.R. 4481], 102 Stat. 
1918, approved September 29, 1988; 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 101-510 [National Defense 
  Authorization Act for Fiscal Year 1991, H.R. 4739], 104 Stat. 1485, 
    approved November 5, 1990; Public Law 102-190 [National Defense 
Authorization Act for Fiscal Years 1992 and 1993, H.R. 2100], 105 Stat. 
 1290, approved December 5, 1991; Public Law 102-484 [National Defense 
  Authorization Act for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, 
    approved October 23, 1992; Public Law 103-160 [National Defense 
  Authorization Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, 
   approved November 30, 1993; Public Law 103-337 [National Defense 
   Authorization Act for Fiscal Year 1995; S. 2182], 108 Stat. 2663, 
    approved October 5, 1994; Public Law 104-106 [National Defense 
   Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
approved February 10, 1996; and by Public Law 104-201 [National Defense 
  Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, 
                      approved September 23, 1996

    AN ACT To authorize appropriations for fiscal year 1985 for the 
military functions of the Department of Defense, to prescribe military 
 personnel levels for that fiscal year for the Department of Defense, 
                        and for other purposes.

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

                          TITLE I--PROCUREMENT

          * * * * * * *

 authorization of appropriations for certain nato cooperative programs

    Sec. 105. (a) Funds are hereby authorized to be 
appropriated for fiscal year 1985 for activities of the Under 
Secretary of Defense for Research and Engineering for 
acquisition in connection with cooperative programs of the 
North Atlantic Treaty Organization as follows:
          For acquisition of the Patriot missile system for the 
        Federal Republic of Germany, $150,000,000.
          For acquisition of point air defense of United States 
        airbases in the Federal Republic of Germany, 
        $65,000,000.
          For acquisition of point air defense of United States 
        airbases and other critical United States military 
        facilities in Italy, $15,000,000.
          For acquisition of point air defense for ground-
        launched cruise missile bases in Europe, $10,000,000.
          For acquisition of point air defense of United States 
        airbases in Turkey, $10,000,000.
    (b) None of the amounts appropriated pursuant to the 
authorizations in subsection (a) may be obligated--
          (1) for implementation of a cooperative program until 
        the Secretary of Defense submits to the Committees on 
        Armed Services of the Senate and House of 
        Representatives\1\ a copy of each government-to-
        government agreement relating to that program; or
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    \1\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.
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          (2) for acquisitions in connection with a NATO 
        cooperative program in which the financial obligations 
        of the United States exceed the collective financial 
        obligations of European countries in connection with 
        such program.
          * * * * * * *

 limitation on waivers of cost-recovery requirements under arms export 
                              control act

    Sec. 107.\2\ The authority of the President under section 
21(e)(2) of the Arms Export Control Act may be exercised 
without regard to the limitation imposed by section 762A of the 
Department of Defense Appropriations Act, 1984 (Public Law 98-
212).
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    \2\Although secs. 107 and 108 lifted these restrictions concerning 
certain provisions of the Arms Export Control Act as they applied 
during fiscal year 1984, similar restrictions were reenacted as secs. 
8036 and 8055 of the Department of Defense Appropriation Act, 1986.
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         waiver of limitation on foreign military sales program

    Sec. 108.\2\ The Arms Export Control Act shall be 
administered as if section 743A of the Department of Defense 
Appropriation Act, 1984 (Public Law 98-212; 96 Stat. 1858) had 
not been enacted into law.

  transfer of certain military equipment or data to foreign countries

    Sec. 109.\3\ Section 765(c) of the Department of Defense 
Appropriation Act, 1984 (Public Law 98-212), is hereby 
repealed.
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    \3\Sec. 765(c) had prohibited the use of funds provided in Public 
Law 98-212 to sell or otherwise provide the AN/SQR-19 Towed Array Sonar 
to any foreign country.
---------------------------------------------------------------------------

        policy concerning acquisition of additional mx missiles

    Sec. 110. (a) Subject to subsections (b) and (c), of the 
funds appropriated pursuant to the authorization of 
appropriations in section 103 for procurement of missiles for 
the Air Force, $2,500,000,000 may be used for the MX missile 
program, including acquisition of not more than 21 additional 
operational MX missiles.
    (b) Except as provided in subsection (c), none of the 
$2,500,000,000 described in subsection (a) may be obligated for 
the procurement of additional operational MX missiles unless--
          (a) after March 1, 1985, the President submits to 
        Congress a report described in subsection (e);
          (2) a joint resolution approving the obligation of 
        those funds is enacted as provided for in this section; 
        and
          (3) a second joint resolution is enacted as provided 
        for in the Department of Defense Appropriation Act, 
        1985 (or in a joint resolution providing funds for the 
        Department of Defense for fiscal year 1985), further 
        approving the obligation of those funds.
    (c) Of the $2,500,000,000 described in subsection (a), 
$1,000,000,000 may be obligated only for--
          (1) procurement related to the deployment of the 21 
        MX missiles for which funds were authorized and 
        appropriated for fiscal year 1984;
          (2) advance procurement of parts and materials for 
        the MX missile program and for the maintenance of the 
        MX missile program contractor base; and
          (3) spare parts for the MX missile program.
    (d)(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 Congress the matter after the resolving 
clause of which is as follows: ``That subject to the enactment 
(after the enactment of this joint resolution) of a joint 
resolution further approving the obligation of such funds, the 
Congress approves the obligation of funds appropriated for 
fiscal year 1985 for the procurement of additional operational 
MX missiles (in addition to the funds previously authorized to 
be obligated).''
    (2) A resolution described in paragraph (1) introduced in 
the House of Representatives shall be referred to the Committee 
on Armed Services of the House of Representatives.\4\ A 
resolution described in paragraph (1) introduced in the Senate 
shall be referred to the Committee on Armed Services of the 
Senate. Such a resolution may not be reported before the 8th 
day after its introduction.
---------------------------------------------------------------------------
    \4\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.
---------------------------------------------------------------------------
    (3) 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 15 calendar days after 
its introduction or at the end of the first day after there has 
been reported to the House involved a joint resolution 
approving the further obligation of funds for the procurement 
of operational MX missiles as provided for in the Department of 
Defense Appropriation Act, 1985 (or in a joint resolution 
providing funds for the Department of Defense for fiscal year 
1985), whichever is earlier, such committee shall be deemed to 
be discharged from further consideration of such resolution and 
such resolution shall be placed on the appropriate calendar of 
the House involved.
    (4)(A) When the committee to which a resolution is referred 
has reported, or has been deemed to be discharged (under 
paragraph (3)) from further consideration of, a resolution 
described in paragraph (1), 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 10 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 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.
    (5) If, before the passage by one House of a resolution of 
that House described in paragraph (1), that House receives from 
the other House a resolution described in paragraph (1), then 
the following procedures shall apply:
          (A) The resolution of the other House shall not be 
        referred to a committee.
          (B) With respect to a resolution described in 
        paragraph (1) of the House receiving the resolution--
                  (i) the procedure in that House shall be the 
                same as if no resolution had been received from 
                the other House; but
                  (ii) the vote on final passage shall be on 
                the resolution of the other House.
    (6) This subsection is enacted by Congress--
          (A) as an exercise of the rulemaking power of the 
        Senate and House of Representatives, respectively, and 
        as such it is deemed a part of the rules of each House, 
        respectively, but applicable only with respect to the 
        procedure to be followed in that House in the case of a 
        resolution described in paragraph (1), and it 
        supercedes other rules only to the extent that it is 
        inconsistent with such rules; and
          (B) with full recognition of the constitutional right 
        of either House to change the rules (so far as relating 
        to the procedure of that House) at any time, in the 
        same manner and to the same extent as in the case of 
        any other rule of that House.
    (e) A report under subsection (b)(1) shall include--
          (1) a statement that the President has determined 
        that further acquisition of operational missiles under 
        the MX missile program is in the national security 
        interest of the United States and is consistent with 
        United States arms control policy;
          (2) findings of the President concerning the effect 
        of the acquisition and deployment of such missiles on 
        the vulnerability of the United States land-based 
        intercontinental ballistic missile force;
          (3) a discussion of the basing mode for the MX 
        missile (and related improvements in silo-hardening 
        technology) and of proposals for the basing mode for 
        the small, single-warhead intercontinental ballistic 
        missile; and
          (4) to the extent not covered under paragraphs (1) 
        through (3), the assessment of the President submitted 
        pursuant to subsection (g)(2).
    (f) Obligation for the MX missile program of funds 
appropriated for fiscal year 1985 is subject to section 1231 of 
the Department of Defense Authorization Act, 1984 (Public Law 
98-94; 97 Stat. 693).
    (g)(1) Section 1231(e) of the Department of Defense 
Authorization Act, 1984 (Public Law 98-94; 97 Stat. 694) is 
amended--
          (A) by striking out ``the Committee on Armed Services 
        of the Senate and House of Representatives'' and 
        inserting in lieu thereof ``Congress'';
          (B) by striking out ``the date of the enactment of 
        this Act'' and inserting in lieu thereof ``September 
        24, 1983,'';
          (C) by striking out ``and'' at the end of clause (B);
          (D) by striking out the period at the end of clause 
        (C) and inserting in lieu thereof ``; and''; and
          (E) by adding at the end thereof the following new 
        clause:
          ``(D) the progress of efforts to develop more 
        survivable basing modes for the MX and other 
        intercontinental missiles, including a new small mobile 
        intercontinental ballistic missile.''.
    (2) The first assessment under section 1231(e) of the 
Department of Defense Authorization Act, 1985, submitted after 
the date of the enactment of this Act shall be submitted as 
part of the report described in subsection (e) (rather than 
coincident with any request for funds for the procurement of MX 
missiles submitted to Congress before the submission of that 
report).

      prohibition of spending funds for binary chemical munitions

    Sec. 111. None of the funds appropriated pursuant to 
authorizations of appropriations in this title may be used for 
procurement of binary chemical munitions, including advanced 
procurement of long-lead components or for the establishment of 
a production base for such munitions.
          * * * * * * *

      foreign military sales of air national guard oa-37 aircraft

    Sec. 113. It is the sense of Congress--
          (1) that the Air Force should, at the earliest 
        practicable date, provide modern replacement aircraft 
        for those Air National Guard units currently using OA-
        37 Dragonfly aircraft in order to fulfill Forward Air 
        Controller (FAC) mission of the Air National Guard; and
          (2) that the United States should not sell or 
        otherwise provide to any foreign country any OA-37 
        aircraft currently assigned to an Air National Guard 
        unit unless the unit to which such aircraft is assigned 
        is in the process of converting to the use of a more 
        modern aircraft or unless the OA-37 aircraft to be sold 
        or otherwise provided to a foreign country has been 
        replaced with an OA-37 from the stocks of the Air 
        Force.

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

          * * * * * * *

          policy governing the test of anti-satellite warheads

    Sec. 205.\5\ * * *
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    \5\Sec. 205 amended sec. 1235 of the Department of Defense 
Authorization Act, 1984.
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          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

sale of articles manufactured by certain arsenals; asset capitalization 
                                program

    Sec. 305.\6\ * * *
---------------------------------------------------------------------------
    \6\Sec. 305 added a new sec. 2208(i) to title 10, United States 
Code, concerning the sale of articles manufactured by certain arsenals 
(redesignated as sec. 4543).
---------------------------------------------------------------------------
          * * * * * * *

sense of congress concerning introduction of united states armed forces 
                    into central america for combat

    Sec. 310.\7\ (a) The Congress makes the following findings:
---------------------------------------------------------------------------
    \7\50 U.S.C. 1541 note.
---------------------------------------------------------------------------
          (1) The President has stated that there is no need to 
        introduce United States Armed Forces into Central 
        America for combat and that he has no intention of 
        doing so.
          (2) The President of El Salvador has stated that 
        there is no need for United States Armed Forces to 
        conduct combat operations in El Salvador and that he 
        has no intention of asking that they do so.
          (3) The possibility of the introduction of United 
        States Armed Forces into Central America for combat 
        raises very grave concern in the Congress and the 
        American people.
    (b) It is the sense of Congress that--
          (1) United States Armed Forces should not be 
        introduced into or over the countries of Central 
        America for combat; and
          (2) if circumstances change from those present on the 
        date of the enactment of this Act and the President 
        believes that those changed circumstances require the 
        introduction of United States Armed Forces into or over 
        a country of Central America for combat, the President 
        should consult with Congress before any decision to so 
        introduce United States Armed Forces and any such 
        introduction of United States Armed Forces must comply 
        with the War Powers Resolution.
          * * * * * * *

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

          * * * * * * *

     personal vehicles of united states military personnel in japan

    Sec. 653. (a) The Congress finds that--
          (1) the Government of Japan does not permit members 
        of the Armed Forces of the United States to take their 
        motor vehicles into Japan for their personal use while 
        assigned to a duty station in Japan unless such 
        vehicles are modified to satisfy certain requirements 
        of the Government of Japan;
          (2) as a result of the restriction referred to in 
        clause (1), members of the Armed Forces typically need 
        to sell their personal motor vehicles before departing 
        the United States to report to a duty station in Japan, 
        to purchase vehicles in Japan for personal use while 
        stationed in Japan, to sell such purchased vehicles 
        before departing Japan to return to the United States, 
        and to purchase vehicles in the United States upon 
        their return;
          (3) members of the Armed Forces incur a substantial 
        financial burden in connection with the repeated sale 
        and replacement of personal vehicles;
          (4) the United States permits members of the Armed 
        Forces of foreign nations to bring unmodified vehicles 
        into the United States for their personal use while 
        assigned to duty stations in the United States; and
          (5) the United States provides a substantial 
        contribution to the defense of Japan and the waters 
        surrounding Japan.
    (b) Considering the findings set out in subsection (a), it 
is the sense of the Congress that the President, acting through 
the Secretary of Defense and the Secretary of State, should 
enter into negotiations with the Government of Japan for the 
purpose of obtaining the agreement of such government not to 
require the modification of the personal motor vehicles of 
members of the Armed Forces of the United States brought into 
Japan for the personal use while stationed in Japan.
    (c) Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense and the Secretary of 
State shall transmit to the Congress a written report relating 
to the matters described in subsection (a). The report shall 
include--
          (1) a description of any negotiations carried out 
        with the Government of Japan; and
          (2) a description of the other actions the Government 
        of the United States can reasonably take to obtain an 
        agreement described in subsection (b).
          * * * * * * *

           TITLE X--MATTERS RELATING TO NATO AND OTHER ALLIES

 sense of congress relating to increase in defense spending by united 
                             states allies

    Sec. 1001.\8\ It is the sense of Congress that the 
President--
---------------------------------------------------------------------------
    \8\22 U.S.C. 1928 note. See also sec. 1046--Defense Cost-Sharing--
in Public Law 102-190 (105 Stat. 1466).
---------------------------------------------------------------------------
          (1) should call on the pertinent member nations of 
        the North Atlantic Treaty Organization to meet or 
        exceed their pledges for an annual increase in defense 
        spending during fiscal years 1984 and 1985 of at least 
        3 percent real growth; and
          (2) should call on Japan to further increase its 
        defense spending during fiscal years 1984 and 1985;
in furtherance of increased unity; equitable sharing of the 
common defense burden, and international stability.

              improvements to nato conventional capability

    Sec. 1002.\8\ (a) The Congress finds--
          (1) that the North Atlantic Treaty Organization 
        (NATO) should improve its conventional defense 
        capability so as to lengthen the period of time that 
        Western Europe can be defended by conventional forces 
        without the necessity of resorting to the early use of 
        nuclear weapons in the event of a non-nuclear attack on 
        any NATO member country;
          (2) that fulfillment by NATO member nations of their 
        goals and commitments to increase defense spending, 
        improve conventional sustainability, and provide 
        support facilities in Western Europe for rapid 
        reinforcements from the United States is crucial to 
        accomplishing that objective; and
          (3) that an increase over current United States 
        military personnel levels in European member nations of 
        NATO can be justified only if these goals and 
        commitments are substantially met by NATO member 
        nations (other than the United States).
    (b) The Congress urges the President and the Secretary of 
Defense to continue to encourage member nations of NATO (other 
than the United States) to work expeditiously to fulfill the 
following commitments they have undertaken:
          (1) To achieve and maintain an annual increase in 
        their defense spending of at least 3 percent after 
        inflation.
          (2) To acquire a 30-day supply of air and ground 
        munitions among those NATO members which have committed 
        forces to the Northern, Center, and Southern Regions.
          (3) To construction of the number of minimum 
        essential and emergency operating facilities and 
        semihardened aircraft shelters in Western Europe 
        required by NATO Ministerial Guidance to support, under 
        NATO/SHAPE standards, as a minimum, the annual 
        commitment of United States reinforcing tactical 
        aircraft.
    (c)\9\ (1) The end strength level of members of the Armed 
Forces of the United States assigned to permanent duty ashore 
in European member nations of the North Atlantic Treaty 
Organization may not exceed a permanent ceiling of 
approximately 100,000 in any fiscal year.
---------------------------------------------------------------------------
    \9\Sec. 1303(a) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2889) amended and 
restated subsec. (c)(1), effective October 1, 1995. The para. formerly 
read as follows, as amended:
    ``(c)(1) No appropriated funds may be used to support an end 
strength level of members of the Armed Forces of the United States 
assigned to permanent duty ashore in European member nations of NATO at 
any level exceeding a permanent ceiling of 235,700. The Secretary of 
Defense may exceed such permanent ceiling in any year by a number equal 
to not more than \1/2\ of 1 percent for the purpose of achieving sound 
management in the rotation of members of the Armed Forces of the United 
States to and from assignment to permanent duty ashore in European 
member nations of NATO, but only if the Secretary determines that the 
increase in such year is necessary for such purpose. In any fiscal year 
for which the permanent ceiling specified in the first sentence of this 
subsection is 235,700, the President may authorize an end strength 
level of members of the Armed Forces assigned to permanent duty ashore 
in European member nations of the North Atlantic Treaty Organization at 
a level not to exceed 261,855 if the President determines that the 
national security interests of the United States require such 
authorization. Whenever the President exercises the authority provided 
under the preceding sentence, the President shall notify Congress of 
that determination and of the necessity for exceeding such permanent 
ceiling.''.
    The paragraph had been previously amended by sec. 1101 of the 
Department of Defense Authorization Act of 1986 (Public Law 99-145; 99 
Stat. 707); sec. 911 of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1523); sec. 
406 of the National Defense Authorization Act for Fiscal Year 1991 
(Public Law 101-510; 104 Stat. 1546); and sec. 1042(a) and (b) of the 
National Defense Authorization Act for Fiscal Years 1992 and 1993 
(Public Law 102-190; 105 Stat. 1462);
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    (2) If the Secretary of Defense certifies to the Congress 
in writing during any fiscal year after fiscal year 1985 that 
during the previous fiscal year the member nations of NATO 
(other than the United States) have undertaken significant 
measures to improve their conventional defense capacity 
consistent with the goals set forth in subsection (b) which 
contributes to lengthening the time period between an armed 
attack on any NATO country and the time the Supreme Allied 
Commander, Europe, would have to request the release and use of 
nuclear weapons, the Congress would give strong consideration 
to authorizing an increase in the permanent ceiling prescribed 
in paragraph (1) for fiscal years after such fiscal year.
    (3)\10\ For purposes of this subsection, the following 
members of the Armed Forces are excluded in calculating the end 
strength level of members of the Armed Forces of the United 
States assigned to permanent duty ashore in European member 
nations of NATO:
---------------------------------------------------------------------------
    \10\Sec. 1303(b) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2889) added para. (3). 
It was amended and restated by sec. 1334(a) of Public Law 104-106 (110 
Stat. 484).
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          (A) Members assigned to permanent duty ashore in 
        Iceland, Greenland, and the Azores.
          (B) Members performing duties in Europe for more than 
        179 days under a military-to-military contact program 
        under section 168 of title 10, United States Code.
    (d)\11\ The Secretary of Defense shall submit to the 
Committee on Armed Services of the Senate, the Committee on 
National Security of the House of Representatives\12\ a report 
on the status, as of January 1 of the year in which the report 
is submitted, of the following matters:
---------------------------------------------------------------------------
    \11\Sec. 1412(a) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1828) struck out par. 
(2), which had required the Secretary of Defense file a biennial report 
on ``the status and cost of the United States commitment to NATO as 
reflected in the DPQ Response and in the defense budget request''; 
struck out par. designation (1) and the opening phrase ``(1) Not later 
than April 1, 1985, and each year thereafter,'' in subsec. (d); and 
redesignated former clauses (A) and (B) as pars. (1) and (2).
    Sec. 1313(c) of the National Defense Authorization Act for Fiscal 
Year 1995 (Public Law 103-337; 108 Stat. 2894) provided the following:
    ``(c) Report.--The Secretary of Defense shall include in the annual 
report required by section 1002(d) of the Department of Defense 
Authorization Act, 1985 (22 U.S.C. 1928 note) the following:
---------------------------------------------------------------------------

          ``(1) A description of the United States military forces 
        assigned to permanent duty ashore in European member nations of 
        NATO and an analysis of the cost of providing and maintaining 
        such forces in such assignment primarily for support of NATO 
        roles and missions.
          ``(2) A description of the United States military forces 
        assigned to permanent duty ashore in European member nations of 
        NATO primarily in support of other United States interests in 
        other regions of the world and an analysis of the cost of 
        providing and maintaining such forces in such assignment 
        primarily for that purpose.
          ``(3) A specific enumeration and description of the offsets 
        to United States costs of providing and maintaining United 
        States military forces in Europe that the United States 
        received from other NATO member nations in the fiscal year 
        covered by the report, set out by country and by type of 
        assistance, including both in-kind assistance and direct cash 
        reimbursement, and the projected offsets for the five fiscal 
        years following the fiscal year covered by the report.''.
---------------------------------------------------------------------------
    \12\Sec. 1502(c)(8) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 508) struck out ``the 
Committees on Armed Services of the Senate and the House of 
Representatives'' and inserted in lieu thereof ``the Committee on Armed 
Services of the Senate, the Committee on National Security of the House 
of Representatives''.
---------------------------------------------------------------------------
          (1) The number of days of supply of the ground and 
        aerial munitions in hand or on order of the member 
        nations of NATO (other than the United States) which 
        have committed forces to the Northern, Center, and 
        Southern Regions.
          (2) The number of facilities and semihardened 
        aircraft shelters completed or under construction as 
        they relate to the United States commitment of 
        reinforcing aircraft in the United States Defense 
        Planning Questionnaire (DPQ) Response of the previous 
        year.
    (e)(1) The Congress finds that a viable ``two-way street'' 
of defense procurement improves NATO interoperability and 
therefore is important to overall improvements in conventional 
defense.
    (2)(A) In addition to any funds appropriated pursuant to 
the authorization contained in section 201 for the activities 
of the Director of Test and Evaluation, Defense, the Director 
may use an additional amount, not to exceed $50,000,000, to 
acquire certain types of weapons, subsystems, and munitions of 
European NATO manufacture for side-by-side testing with 
comparable United States manufactured items. Such additional 
amount shall be derived from any funds appropriated pursuant to 
an authorization contained in this Act. (Items that may be 
acquired under this paragraph include submunitions and 
dispensers, anti-tank and anti-armor guided missiles, mines, 
runway-cratering devices, torpedoes, mortar systems, light 
armored vehicles, and high-velocity anti-tank guns.)
    (f)(1) This section shall not apply in the event of a 
declaration of war or an armed attack on any NATO member 
country.
    (2) This section may be waived by the President if he 
declares an emergency and immediately informs the Congress of 
his action and the reasons therefor.

          report on allied contributions to the common defense

    Sec. 1003.\13\ (a) In recognition of the increasing 
military threat faced by the Western World and in view of the 
growth, relative to the United States, in the economic strength 
of Japan, Canada, and a number of Western European countries 
which has occurred since the signing of the North Atlantic 
Treaty on April 4, 1949, and the Mutual Cooperation and 
Security Treaty between Japan and the United States on January 
19, 1960, it is the sense of the Congress that--
---------------------------------------------------------------------------
    \13\22 U.S.C. 1928 note. Sec. 324 of Public Law 102-484 (106 Stat. 
2367) provided the following:
    ``sec. 324. overseas environmental restoration.
    ``(a) Sense of Congress.--It is the sense of the Congress that in 
carrying out environmental restoration activities at military 
installations outside the United States, the President should seek to 
obtain an equitable division of the costs of environmental restoration 
with the nation in which the installation is located.
    ``(b) Report.--The Secretary of Defense shall include in each 
Report on Allied Contributions to the Common Defense prepared under 
section 1003 of Public Law 98-525 (22 U.S.C. 1928) information, in 
classified and unclassified form, describing the efforts undertaken and 
the progress made by the President in carrying out subsection (a) 
during the period covered by the report.''.
---------------------------------------------------------------------------
          (1) the burdens of mutual defense now assumed by some 
        of the countries allied with the United States under 
        those agreements are not commensurate with their 
        economic resources;
          (2) since May 1978, when each member nation of the 
        North Atlantic Treaty Organization (NATO) agreed to 
        increase real defense spending annually in the range of 
        3 percent, most NATO members, except for the United 
        States, have failed to meet the 3 percent real growth 
        commitment consistently;
          (3) since May 1981, when the Government of Japan 
        established its policy to defend the air and sea lines 
        of communication out to 1,000 nautical miles from the 
        coast of Japan, progress to develop the necessary self-
        defense capabilities to fulfill that pledge has been 
        extremely disappointing;
          (4) Japan is the ally of the United States with the 
        greatest potential for improving its self-defense 
        capabilities and should, therefore, rapidly increase 
        its annual defense spending to the levels required to 
        fulfill that pledge and to enable Japan to be capable 
        of an effective conventional self-defense capability by 
        1990, including the capability to carry out its 1,000-
        mile defense policy, a development that would be 
        consonant not only with Japan's current prominent 
        position in the family of nations but also with its 
        unique sensibilities on the issues of war and peace, 
        sensibilities that are recognized and respected by the 
        people of the United States; and
          (5) the continued unwillingness of such countries to 
        increase their contributions to the common defense to 
        more appropriate levels will endanger the vitality, 
        effectiveness, and cohesion of the alliances between 
        those countries and the United States.
    (b) It is further the sense of the Congress that the 
President should seek from each signatory country (other than 
the United States) of the two treaties referred to in 
subsection (a) acceptance of international security 
responsibilities and an agreement to make contributions to the 
common defense which are commensurate with the economic 
resources of such country, including, when appropriate, an 
increase in host nation support.
    (c)\14\ The Secretary of Defense shall submit to the 
Congress by March 1, 1998, and every other year thereafter, not 
later than April 1,\15\ a classified report containing--
---------------------------------------------------------------------------
    \14\Sec. 1412(c) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1829) provided the 
following:
    ``(c) Finding and Sense of Congress.--(1) The Congress finds that 
the Secretary of Defense did not submit to Congress in a timely manner 
the report on allied contributions to the common defense required under 
section 1003(c) of the National Defense Authorization Act, 1985 (Public 
Law 98-525; 22 U.S.C. 1928 note), to be submitted not later than April 
1, 1993.
    ``(2) It is the sense of Congress that the timely submission of 
such report to Congress each year is essential to the deliberation by 
Congress concerning the annual defense program.''.
    \15\Sec. 1312(c)(3) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1670) struck out 
``March 1'' and inserted in lieu thereof ``April 1''. Subsequently, 
sec. 1084(e) of the National Defense Authorization Act for Fiscal Year 
1997 (Public Law 104-201; 110 Stat. 2675) struck out ``each year'', and 
inserted in lieu thereof ``by March 1, 1998, and every other year 
thereafter''.
---------------------------------------------------------------------------
          (1) a comparison of the fair and equitable shares of 
        the mutual defense burdens of these alliances that 
        should be borne by the United States, by other member 
        nations of NATO, and by Japan based upon economic 
        strength and other relevant factors, and the actual 
        defense efforts of each nation together with an 
        explanation of disparities that currently exist and 
        their impact on mutual defense efforts;
          (2) a description of efforts by the United States and 
        the efforts of other members of the alliances to 
        eliminate any existing disparities;
          (3) projected estimates of the real growth in defense 
        spending for the fiscal year in which the report is 
        submitted for each NATO member nation;
          (4) a description of the defense-related initiatives 
        undertaken by each NATO member nation within the real 
        growth in defense spending of such nation in the fiscal 
        year immediately preceding the fiscal year in which the 
        report is submitted;
          (5) an explanation of those instances in which the 
        commitments to real growth in defense spending have not 
        been realized and a description of efforts being made 
        by the United States to ensure fulfillment of these 
        important NATO commitments;
          (6) a description of the activities of each NATO 
        member and Japan to enhance the security and stability 
        of the Southwest Asia region and to assume additional 
        missions for their own defense as the United States 
        allocates additional resources to the mission of 
        protecting Western interests in world areas not covered 
        by the system of Western Alliances; and
          (7) a description of what additional actions the 
        executive branch plans to take should the efforts by 
        the United States referred to in clauses (2) and (5) 
        fail, and, in those instances where such additional 
        actions do not include consideration of the 
        repositioning of American troops, a detailed 
        explanation as to why such repositioning is not being 
        so considered.
    (d) The Secretary of Defense shall also submit to the 
Congress not more than 30 days after the submission of the 
report required under subsection (a) an unclassified report 
containing the matters set forth in clauses (1) through (7) of 
such subsection.

                  nato seasparrow cooperative program

    Sec. 1004. The Secretary of the Navy is authorized to 
continue participation, in accordance with current operating 
procedures, in the North Atlantic Treaty Organization 
SEASPARROW Surface Missile System Cooperative Consortium, as 
described in the Memorandum of Understanding between the United 
States, Denmark, Norway, Italy, the Netherlands, Belgium, 
Canada, Greece, and Federal Republic of Germany, signed by the 
United States on June 6, 1968, and the Memorandum of 
Understanding between the same countries, signed by the United 
States on May 20, 1977.

procurement of communications support and related supplies and services

    Sec. 1005.\16\ * * *
---------------------------------------------------------------------------
    \16\Sec. 1005 added a new sec. 2401a to 10 U.S.C (redesignated as 
sec. 2350f).
---------------------------------------------------------------------------

       policy on armaments cooperation with nato member countries

    Sec. 1006. Not later than May 1, 1985, the Secretary of 
Defense shall transmit to Congress a report setting forth a 
comprehensive proposal by which the United States and NATO 
member countries may achieve the objectives described in 
section 1122(b) of the Department of Defense Authorization Act, 
1983 (Public Law 97-252; 96 Stat. 755).

   authority of secretary of defense in connection with cooperative 
              agreements on air defense in central europe

    Sec. 1007. (a) During fiscal year 1985, the Secretary of 
Defense may carry out the European air defense agreements. In 
carrying out those agreements during that year, 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) In connection with the administration of the European 
air defense agreements during fiscal year 1985, 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 (22 U.S.C. 2761(e)(1)(A));
          (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 logistic support in Europe for the 
        Patriot missile system, and (B) for the acquisition of 
        such logistic 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 set- up charges of facilities 
        for use by that agency to perform depot-level support 
        of Patriot missile fire units in Europe; and
          (5) deliver 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 (22 U.S.C. 2762) for payment in 
        advance of delivery for any purchase under that Act.
    (c) 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 the 14 Patriot 
missile fire units which the Federal Republic of Germany 
purchases from the United States under that 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) 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 Federal 
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.
    (e) 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 are 
otherwise available for that purpose.

             TITLE XI--MATTERS RELATING TO ARMS CONTROL\17\
---------------------------------------------------------------------------

    \17\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. F.
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          * * * * * * *

                      TITLE XV--GENERAL PROVISIONS

          * * * * * * *

            Part B--Provisions Relating to Specific Programs

                   chemical warfare review commission

    Sec. 1511. (a) The President shall establish a bipartisan 
commission to be known as the ``Chemical Warfare Review 
Commission''. The Commission shall review the overall adequacy 
of the chemical warfare posture of the United States with 
particular emphasis on the question of whether the United 
States should produce binary chemical munitions, and shall 
report its findings and recommendations to the President not 
later than April 1, 1985. In developing its recommendations, 
the Commission shall consider--
          (1) the relationship of chemical stockpile 
        modernization by the United States with the ultimate 
        goal of the United States of achieving a multilateral, 
        comprehensive, and verifiable ban on chemical weapons;
          (2) the adequacy of the existing United States 
        stockpile of unitary chemical weapons in providing a 
        credible deterrent to use by the Soviet Union of 
        chemical weapons against United States and allied 
        forces;
          (3) whether the binary chemical modernization program 
        proposed by the Department of Defense is adequate to 
        support United States national security policy by 
        posing a credible deterrent to chemical warfare; and
          (4) the ability of defensive measures alone to meet 
        the Soviet chemical warfare threat and the adequacy of 
        funding for current and projected defensive measure 
        programs.
    (b) The President shall submit to Congress the report of 
the Commission, together with the President's comments on the 
report, not later than April 1, 1985.
          * * * * * * *

          Part C--Miscellaneous Defense Reporting Requirements

          * * * * * * *

       study of foreign sales and procurement of defense articles

    Sec. 1522. (a)(1) The Secretary of Defense, in consultation 
with the heads of other appropriate Federal agencies, shall 
carry out a study to assess how the adequacy of the industrial 
base of the United States in the event of a war or national 
emergency is affected--
          (A) by procurement by the Department of Defense of 
        defense articles that are produced outside the United 
        States or that are assembled from components, or 
        fabricated from materials, produced outside the United 
        States; and
          (B) by sales by the Department of Defense or 
        commercial manufacturers of defense articles 
        manufactured in the United States to purchasers outside 
        the United States.
    (2) For the purposes of this section, the term ``foreign-
component defense article'' means a defense article--
          (A) that was produced outside the United States;
          (B) that was assembled from over 50 percent 
        components, or fabricated from over 50 percent 
        materials, produced outside the United States; or
          (C) that contains a major component that was produced 
        outside the United States.
    (b) The study under subsection (a) shall assess the effects 
of restrictions on the procurement of foreign-component defense 
articles on the overall United States balance of trade, on the 
balance of trade in defense articles, on treaties currently in 
effect, on the budgetary cost of national defense, on existing 
memoranda of understanding, on United States military 
alliances, and on efforts to increase the rationalization, 
standardization, and interoperability of articles used by North 
Atlantic Treaty Organizations forces.
    (c) Restrictions to be considered for the purposes of 
subsection (b) shall include--
          (1) a prohibition on procurement of foreign-component 
        defense articles;
          (2) a prohibition on procurement of a defense article 
        (or a major component of a defense article) from a 
        foreign source unless there is also a domestic producer 
        of the article;
          (3) a prohibition on procurement of defense articles 
        (and major components of defense articles) from a 
        country with which the United States has an unfavorable 
        balance of trade in defense articles; and
          (4) a prohibition on procurement of a defense article 
        (or a major component of a defense article) from a 
        foreign source of more than 50 percent of the total 
        quantity of the defense article (or major component) to 
        be procured.
    (d) The study under subsection (a) shall consider 
circumstances and requirements under a war or national 
emergency of both a brief duration and a long duration.
    (e) A report of the study under subsection (a) shall be 
submitted to the Committees on Armed Services of the Senate and 
House of Representatives\18\ not later than October 15, 1985.
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    \18\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.
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          * * * * * * *

      report on americans unaccounted for or missing in indochina

    Sec. 1525. (a) The Congress finds that--
          (1) the President has declared that the issue of the 
        2,483 Americans missing or otherwise unaccounted for 
        the Indochina is an issue of the highest national 
        priority and has initiated high level discussions with 
        the Governments of the Lao People's Democratic Republic 
        and the Socialist Republic of Vietnam on the issue;
          (2) the Congress, on a bipartisan basis, fully 
        supports these initiatives and realizes that the 
        fullest possible accounting of those Americans can only 
        be achieved with the cooperation of those governments;
          (3) the Government of the Lao People's Democratic 
        Republic has recently taken positive actions to assist 
        the United States Government in resolving the status of 
        those missing Americans; and
          (4) the Government of the Socialist Republic of 
        Vietnam has pledged to cooperate with the Government of 
        the United States in resolving this humanitarian issue, 
        separate from other issues dividing the two countries.
    (b) The Congress strongly urges the President--
          (1) to ensure that officials of the United States 
        Government conscientiously and fully carry out the 
        pledge of the President to commit the full resources of 
        the United States Government to resolve the issue of 
        the 2,483 Americans still missing or otherwise 
        unaccounted for in Indochina;
          (2) to pursue vigorously all reports concerning 
        sightings of live Americans who may be among those 
        missing or otherwise unaccounted for in Indochina;
          (3) to work to achieve the fullest possible 
        accounting of all Americans missing or otherwise 
        unaccounted for in Indochina;
          (4) to seek the immediate return of the remains of 
        all Americans who have died in Indochina and whose 
        remains have not been returned; and
          (5) to make every effort to secure the further 
        cooperation of the Lao People's Democratic Republic and 
        the Socialist Republic of Vietnam in resolving this 
        humanitarian issue of fundamental importance.
    (c) The Congress calls upon the Socialist Republic of 
Vietnam and the Lao People's Democratic Republic to accelerate 
cooperation with the United States in achieving the fullest 
possible accounting for Americans still missing in Indochina.
    (d) Not later than 180 days after the date of the enactment 
of this Act, the President shall submit to Congress a report 
detailing actions being taken by the United States Government 
described in subsection (b).
          * * * * * * *

              Part D--Miscellaneous Defense-Related Matter

          * * * * * * *

authorization for secretary of defense to transport humanitarian relief 
                   supplies to foreign countries\19\

    Sec. 1540. (a) Notwithstanding any other provision of law, 
during fiscal year 1987,\20\ the Secretary of Defense may 
transport on a space available basis, at no charge, to any 
country in any area of the world\19\ goods and supplies which 
have been furnished by a nongovernmental source and which are 
intended for humanitarian assistance.
---------------------------------------------------------------------------
    \19\Sec. 306 (a) and (b) of the Department of Defense Authorization 
Act, 1986 (Public Law 99-145; 99 Stat. 617), amended sec. 1540(a) and 
the caption above it by authorizing transport to ``foreign countries'' 
or to ``any area of the world'' in lieu of ``Central America''.
    \20\Sec. 332 of Public Law 99-661 (100 Stat. 3857) struck out 
``fiscal years 1985 and 1986'' and inserted in lieu thereof ``fiscal 
year 1987''.
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    (b)(1) The President shall institute procedures, including 
complete inspection prior to acceptance for transport, for 
determining that--
          (A) the transport of any goods and supplies 
        transported under this section is consistent with 
        foreign policy objectives;
          (B) the goods and supplies to be transported are 
        suitable for humanitarian purposes and are in usable 
        condition;
          (C) there is a legitimate humanitarian need for such 
        goods and supplies;
          (D) the goods and supplies will in fact be used for 
        humanitarian purposes; and
          (E) there are adequate arrangements for the 
        distribution of such goods and supplies in the country 
        of destination.
    (2) Goods and supplies determined not to meet the criteria 
of paragraph (1) may not be transported under this section.
    (3) It shall be the responsibility of the donor to ensure 
that goods or supplies to be transported under this section are 
suitable for transport.
    (c) Goods and supplies transported under this section may 
be distributed by an agency of the United States Government, a 
foreign government, or international organization, or a private 
nonprofit relief organization. The Secretary of Defense may not 
accept any goods or supplies for transportation under this 
section unless verification of adequate arrangements has been 
received in advance for distribution of such goods and 
supplies.
    (d) Goods or supplies transported under this section may 
not be distributed, directly or indirectly, to any individual, 
group, or organization engaged in military or paramilitary 
activity.
    (e) No later than 90 days after the date of the enactment 
of this section, and every 60 days thereafter, the Secretary of 
State shall report to the Congress concerning the origin, 
contents, destination, and disposition of all goods and 
supplies transported under this section.

                  Part E--Other Miscellaneous Matters

                    survivors of the glomar java sea

    Sec. 1541. (a) The Congress finds that--
          (1) on October 26, 1983, the United States registered 
        oil drilling ship Glomar Java Sea was reported missing 
        during stormy weather at its drilling site 60 miles off 
        Hainan Island in the South China Sea and was found 
        sunken near its drilling site on November 1, 1983;
          (2) no evidence has been found of 46 of the 81 
        crewmen, including citizens of the United States, or of 
        the lifeboats which, reportedly, were launched from the 
        Glomar Java Sea, despite an intensive cooperative 
        search involving United States military search and 
        rescue aircraft and commercial vessels;
          (3) the Chairman of the United States Coast Guard 
        Marine Board of Investigation has concluded that it is 
        possible that crewmembers of the Glomar Java Sea 
        survived and drifted into waters near the coast of 
        Vietnam; and
          (4) the Government of Vietnam has refused to allow an 
        independent search for the possible survivors to be 
        conducted in waters within 20 miles of such coast.
    (b) Considering the findings set out in subsection (a), it 
is the sense of the Congress that the President should, through 
all appropriate bilateral and multilateral channels, continue 
and accelerate the effort to obtain the cooperation of the 
Government of Vietnam in ascertaining the fate or locations of 
the 46 crewmen of the sunken United States registered vessel 
Glomar Java Sea.

    policy regarding the furnishing of food and medical supplies to 
                              afghanistan

    Sec. 1542. (a) The Congress finds--
          (1) that after more than four years of occupation by 
        the military forces of the Soviet Union, the freedom-
        loving people of Afghanistan continue to resist the 
        oppression of the Soviet Union;
          (2) that the current Soviet Union offensive has 
        resulted in great suffering and destruction in 
        Afghanistan and has intensified the Soviet policy which 
        targets civilian populations; and
          (3) that this ``scorched earth'' policy of the Soviet 
        Union, which has resulted in the destruction of crops, 
        food supplies, farms, hospitals, and other public 
        buildings in Afghanistan, has been a desperate attempt 
        on the part of the Soviet Union to subdue the 
        population of that country or to force the depopulation 
        of certain areas which the occupying forces of the 
        Soviet Union are unable to control.
    (b) It is, therefore, the sense of Congress that the free 
world should take all appropriate steps to ensure that the 
people of Afghanistan have the necessary food and medical 
supplies adequate to sustain themselves while they are being 
ravaged by the invading forces of the Soviet Union.

           reaffirmation of united states policy toward cuba

    Sec. 1543. (a) It is the policy of the Government of the 
United States to continue in its relations with the Government 
of Cuba the policy set forth in the joint resolution entitled 
``Joint resolution expressing the determination of the United 
States with respect to the situation in Cuba'', approved by the 
President on October 3, 1962 (Public Law 87-733; 76 Stat. 
697).\21\
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    \21\For text, see Legislation on Foreign Relations Through 1997, 
vol. II, sec. G.
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    (b) Nothing in this section shall be deemed to change or 
otherwise affect the standards and procedures provided in the 
National Security Act of 1947, the Foreign Assistance Act of 
1961, or the War Powers Resolution. This section does not 
constitute the statutory authorization for introduction of 
United States Armed Forces contemplated by the War Powers 
Resolution.

   report on use of cuban and russian nickel in defense procurements

    Sec. 1544. Not later than April 1, 1985, the Secretary of 
Defense shall submit to Congress a report on the effects on the 
national security of the United States of procurement by the 
Department of Defense of products containing nickel produced in 
Cuba or the Soviet Union. The report shall be prepared after 
consultation with the Secretaries of Commerce, the Interior, 
and the Treasury.
          * * * * * * *

            TITLE XVII--UNITED STATES INSTITUTE OF PEACE\22\
---------------------------------------------------------------------------

    \22\Title XVII, cited as the United States Institute of Peace Act, 
can be found in Legislation on Foreign Relations Through 1997, vol. II, 
sec. D.
---------------------------------------------------------------------------
          * * * * * * *
            v. Department of Defense Authorization Act, 1984

   Partial text of Public Law 98-94 [S. 675], 97 Stat. 614, approved 
  September 24, 1983; as amended by Public Law 98-525 [Department of 
  Defense Authorization Act, 1985; H.R. 5167], 98 Stat. 2492 at 2574, 
approved October 19, 1984; and by Public Law 100-456 [National Defense 
   Authorization Act, Fiscal Year 1989; H.R. 4481], 102 Stat. 1918, 
                      approved September 29, 1988

 AN ACT To authorize appropriations for fiscal year 1984 for the Armed 
     Forces for procurement, for research, development, test, and 
 evaluation, and for operation and maintenance, to prescribe personnel 
 strengths for such fiscal year for the Armed Forces and for civilian 
employees of the Department of Defense, to authorize appropriations for 
      such fiscal year for civil defense, and for other purposes.

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

                   TITLE XI--NATO AND RELATED MATTERS

              north atlantic defense cooperative programs

    Sec. 1101. In order to fulfill the international 
obligations incurred by the United States under the North 
Atlantic Treaty Organization's Long-Term Defense Program for 
the rapid reinforcement of Europe, and recognizing that such 
action is in the national interest of the United States, the 
Secretary of Defense shall carry out commitments of the United 
States under the United States-German Wartime Host Nation 
Support Agreement of April 15, 1982, and under the 
Prepositioned Materiel Configured in Unit Sets (POMCUS) program 
by the earliest practicable date. The Secretary of Defense 
shall include in his annual report to the Congress a statement 
describing the status of implementation of such agreement and 
program, including his assessment of whether our allies are 
bearing their equitable share under such agreement and program 
and whether the implementation of such agreement and program 
adversely affects the readiness of the reserve components of 
the Armed Forces of the United States.

          report on allied contributions to the common defense

    Sec. 1102.\1\ (a) In recognition of the increasing military 
threat faced by the Western World and in view of the growth, 
relative to the United States, in the economic strength of 
Japan, Canada, and a number of Western European countries which 
has occurred since the signing of the North Atlantic Treaty on 
April 4, 1949, and the Mutual Cooperation and Security treaty 
between Japan and the United States on January 19, 1960, it is 
the sense of the Congress that--
---------------------------------------------------------------------------
    \1\22 U.S.C. 1928 note.
---------------------------------------------------------------------------
          (1) the burdens of mutual defense now assumed by some 
        of the countries allied with the United States under 
        those agreements are not commensurate with their 
        economic resources;
          (2) since May 1978, when each NATO member nation 
        agreed to increase real defense spending annually in 
        the range of 3 percent, most NATO members, except for 
        the United States, have failed to meet the 3 percent 
        real growth commitment consistently and performance 
        toward this goal in 1983 is estimated to be the most 
        deficient, on average, since the goal was established;
          (3) since May 1981, when the Government of Japan 
        established its policy to defend the air and sea lines 
        of communication out to 1,000 nautical miles from the 
        coast of Japan, progress to develop the necessary self-
        defense capabilities to fulfill that pledge has been 
        extremely disappointing;
          (4) Japan is the ally of the United States with the 
        greatest potential for improving its self-defense 
        capabilities and should, therefore, rapidly increase 
        its annual defense spending to the levels required to 
        fulfill that pledge and to enable Japan to be capable 
        of an effective conventional self-defense capability by 
        1990, including the capability to carry out its 1,000-
        mile defense policy, a development that would be 
        consonant not only with Japan's current prominent 
        position in the family of nations but also with its 
        unique sensibilities on the issues of war and peace, 
        sensibilities that are recognized and respected by the 
        people of the United States; and
          (5) the continued unwillingness of such countries to 
        increase their contributions to the common defense to 
        more appropriate levels will endanger the vitality, 
        effectiveness, and cohesiveness of the alliances 
        between those countries and the United States.
    (b) It is further the sense of the Congress that the 
President should seek from each signatory country (other than 
the United States) of the two treaties referred to in 
subsection (a) acceptance of international security 
responsibilities and an agreement to make contributions to the 
common defense which are commensurate with the economic 
resources of such country, including, when appropriate, an 
increase in host nation support.
    (c)(1) The Secretary of Defense shall submit to the 
Congress not later than March 1, 1984, a classified report 
containing--
          (A) a comparison of the fair and equitable shares of 
        the mutual defense burdens of these alliances that 
        should be borne by the United States, by other member 
        nations of the North Atlantic Treaty Organization 
        (NATO), and by Japan, based upon economic strength and 
        other relevant factors, and the actual defense efforts 
        of each nation together with an explanation of 
        disparities that currently exist and their impact on 
        mutual defense efforts;
          (B) a description of efforts by the United States and 
        of other efforts to eliminate existing disparities;
          (C) estimates of the real growth in defense spending 
        in fiscal year 1983 projected for each NATO member 
        nation compared with the annual real growth goal in the 
        range of 3 percent set in May 1978;
          (D) a description of the defense-related initiatives 
        undertaken by each NATO member nation within the real 
        growth in defense spending of such nation in fiscal 
        year 1984;
          (E) an explanation of those instances in which the 
        commitments to real growth in defense spending have not 
        been realized and a description of efforts being made 
        by the United States to ensure fulfillment of these 
        important NATO commitments;
          (F) a description of the activities of each NATO 
        member and Japan to enhance the security and stability 
        of the Southwest Asia region and to assume additional 
        missions for their own defense as the United States 
        allocates additional resources to the mission of 
        protecting Western interests in world areas not covered 
        by the system of Western Alliances; and
          (G) a description of what additional actions the 
        executive branch plans to take should the efforts by 
        the United States referred to in clauses (B) and (E) 
        fail, and, in those instances where such additional 
        actions do not include consideration of the 
        repositioning of American troops, a detailed 
        explanation as to why such repositioning is not being 
        so considered.
    (2) The Secretary of Defense shall also submit to the 
Congress not more than 30 days after the submission of the 
report required under paragraph (1) an unclassified report 
containing the matters set forth in clauses (A) through (G) of 
such paragraph.

     limitation on number of military personnel stationed in europe

    Sec. 1103. (a) Except as provided in subsections (b) and 
(c), none of the funds authorized to be appropriated by this or 
any other Act may be used for the purpose of supporting an end-
strength level, as of September 30, 1984, of members of the 
Armed Forces of the United States assigned to permanent duty 
ashore in European member nations of the North Atlantic Treaty 
Organization (NATO) at any level in excess of 315,600.
    (b) A number of United States military personnel in excess 
of 315,600, but not in excess of 320,000, may be permanently 
assigned to duty ashore in such European nations as of 
September 30, 1984, if--
          (1) the Secretary of Defense determines and certifies 
        to the Congress in writing that on September 30, 1984, 
        the total number of military personnel of NATO member 
        nations, other than the United States, stationed in the 
        Federal Republic of Germany will not be less than the 
        total number of military personnel of such member 
        nations stationed in that country on the date of the 
        enactment of this Act;
          (2) the Secretary of Defense certifies to the 
        Congress in writing on or after June 1, 1984, that the 
        budget for the Department of Defense for fiscal year 
        1985 and the Five-Year Defense Plan of the Department 
        of Defense for fiscal years 1985 through 1989 give 
        significant priority to programs directly intended to 
        improve NATO's conventional capabilities, particularly 
        its capability for deep interdiction;
          (3) the Department of Defense has conducted a 
        thorough and detailed analysis of the United States 
        force and support structure in Europe which the 
        Secretary of Defense submits to Congress on or after 
        June 1, 1984, with his certification in writing that a 
        number of United States military personnel in excess of 
        315,600 is required to meet the United States 
        commitment to NATO; and
          (4) the studies required by sections 1104 through 
        1107 have been conducted and the reports and 
        recommendations resulting from such studies have been 
        submitted to the Congress.
    (c) A number of United States military personnel in excess 
of 315,600 or in excess of 320,000 may be assigned to permanent 
duty ashore in European member nations of NATO as of September 
30, 1984, without the conditions specified in subsection (b) 
having been met if the President (1) determines and certifies 
to the Congress in writing that overriding national security 
interests require a number of such personnel to be assigned to 
permanent duty ashore in such nations in excess of 315,600 or 
320,000, as the case may be, and (2) includes in the 
certification the total number of such personnel required and 
an explanation of the overriding national security interests 
that require such number of personnel.
    (d) In computing the limitation specified in subsections 
(a) and (b), there may be excluded not more than 2,600 military 
personnel assigned to the Ground Launched Cruise Missile 
program and the Pershing II Missile program.

          report on improvement of conventional forces of nato

    Sec. 1104. (a) At the same time the President submits the 
budget for fiscal year 1985 pursuant to section 1105 of title 
31, United States Code, but not later than May 1, 1984, the 
Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives\2\ a 
comprehensive report and plan for improving conventional 
defense capabilities of the North Atlantic Treaty Organization 
(NATO). The Secretary shall include in such report--
---------------------------------------------------------------------------
    \2\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) his recommendations on how NATO's strategy and 
        military program could and should be changed to improve 
        substantially the chances of a successful conventional 
        defense of Europe;
          (2) a statement and explanation of what the aggregate 
        NATO conventional defense requirements are;
          (3) a current assessment and statement of the status 
        of the Air-Land Battle concept within the Department of 
        Defense and NATO;
          (4) an explanation of how and to what extent the 
        various doctrines of NATO military forces are 
        coordinated, and how variations in doctrine can be 
        rectified or exploited to NATO's advantage;
          (5) his judgment on the most effective means by which 
        NATO military forces can be operationally integrated to 
        implement the Air-Land Battle concept;
          (6) the United States programs which are necessary to 
        support improved NATO conventional capabilities, the 
        changes which are needed, and what the fiscal year 1985 
        budget and Five-Year Defense Plan of the Department of 
        Defense for fiscal years 1985 through 1989 provide for 
        with respect to NATO conventional capabilities;
          (7) the United States conventional programs and 
        weapons that are provided for in the fiscal year 1985 
        budget and Five-Year Defense Plan of the Department of 
        Defense for fiscal years 1985 through 1989 to enhance 
        the disruption and destruction of Soviet follow-on 
        echelons as well as fixed-site military targets;
          (8) the new weapons or systems which are available 
        for such purpose that are not in the current budget or 
        Five-Year Defense Plan of the Department of Defense;
          (9) a determination of what are the achievable NATO-
        wide improvements in conventional defense capability; 
        and
          (10) a separate addendum and assessment by the 
        Supreme Allied Commander, Europe, on measures necessary 
        to improve NATO conventional defense capabilities 
        including a recommended plan for such measures.
    (b) The President shall submit to the Congress not later 
than June 1, 1984, his recommendations and plan for improving 
NATO conventional defense capabilities.

                 report on the nuclear posture of nato

    Sec. 1105. (a) The Secretary of Defense shall conduct a 
study on the tactical nuclear posture of the North Atlantic 
Treaty Organization (NATO) and submit a report on the results 
of such study to the Committees on Armed Services of the Senate 
and the House of Representatives\3\ not later than May 1, 1984. 
Such study shall include--
---------------------------------------------------------------------------
    \3\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) a detailed assessment of the current tactical 
        nuclear balance in Europe and that projected for 1990;
          (2) an assessment of the current, respective 
        operational doctrines for the use of tactical nuclear 
        weapons in Europe of the Warsaw Pact and NATO;
          (3) an explanation of how the threat of the use of 
        such weapons relates to deterrence and to conventional 
        defense;
          (4) an identification of the number and types of 
        nuclear warheads, if any, considered to be inessential 
        to the defense structure of Western Europe, the 
        quantity and type of such weapons that could be 
        eliminated from Europe under appropriate circumstances 
        without jeopardizing the security of NATO nations and 
        an assessment of what such circumstances might be;
          (5) an explanation of the steps that can be taken to 
        develop a rational and coordinated nuclear posture by 
        NATO in a manner that is consistent with proper 
        emphasis on conventional defense forces; and
          (6) an identification of any notable, relevant 
        developments that have occurred since the submission to 
        the Congress in April 1975 of the report entitled ``The 
        Theater Nuclear Force Posture in Europe'', prepared by 
        the Secretary of Defense pursuant to section 302 of the 
        Department of Defense Appropriation Authorization Act, 
        1975 (Public Law 93-365), which might cause the 
        findings and conclusions of that report to require 
        revision and such revisions in such report as the 
        Secretary considers appropriate.
    (b) The President shall submit a written report to the 
Congress on or before June 1, 1984, containing his views on the 
Department of Defense study and report required under 
subsection (a) together with such recommendations with respect 
to such study and report as he considers appropriate.

report on combat-to-support ratio of united states forces in europe in 
                            support of nato

    Sec. 1106. (a) The Secretary of Defense shall submit a 
report to the Committees on Armed Services of the Senate and 
House of Representatives\3\ not later than May 1, 1984, on the 
combat, combat support, combat service support, and noncombat 
components of the Armed Forces of the United States assigned to 
permanent duty in Europe in support of the North Atlantic 
Treaty Organization (NATO). The Secretary shall include in such 
report--
          (1) an analysis of the historical (since 1974), 
        current, and projected combat, combat support, combat 
        service support, and noncombat components of the Armed 
        Forces of the United States assigned to permanent duty 
        in Europe in support of NATO and their relationship to 
        each other;
          (2) a review of the requirements for such combat, 
        combat support, combat service support, and noncombat 
        components; and
          (3) his assessment of the current balance among units 
        of United States combat components, combat support 
        components, and combat service support components 
        forward deployed in Europe and his recommendations for 
        any changes needed to improve that balance in the 
        future.
    (b) For the purposes of the report required by subsection 
(a)--
          (1) the combat component of the Army includes only 
        the infantry, cavalry, artillery, armored, combat 
        engineers, special forces, attack assault helicopter 
        units, air defense, and missile combat units of 
        battalion or smaller size;
          (2) the combat component of the Navy includes only 
        the combatant ships (aircraft carrier, battleship, 
        cruiser, destroyer, frigate, submarine, and amphibious 
        assault ships) and combat aircraft wings (fighter, 
        attack, reconnaissance, and patrol); and
          (3) the combat component of the Air Force includes 
        only the tactical fighter, reconnaissance, tactical 
        airlift, fighter interceptor, and bomber units of wing 
        or smaller size.

        report on united states expenditures in support of nato

    Sec. 1107. (a) The Secretary of Defense shall review and 
analyze the fiscal year 1983 expenditures of the Department of 
Defense in fulfilling the United States commitment to the North 
Atlantic Treaty Organization (NATO) and the expenditures 
projected for such purpose for each of the fiscal years 1984 
through 1989.
    (b)(1) The Secretary of Defense shall submit a detailed 
written report to the Congress not later than June 1, 1984, on 
the review and analysis required under subsection (a). The 
Secretary shall set out in such report, in current and constant 
fiscal year 1983 dollar figures, the expenditures made in 
fiscal year 1983 and expenditures projected to be made in 
fiscal years 1984 through 1989 by the United States in 
fulfilling its commitment to NATO in each of the following 
categories:
          (A) Procurement.
          (B) Operations and maintenance.
          (C) Military construction.
          (D) Military personnel.
          (E) Research, development, test, and evaluation.
    (2) The Secretary of Defense shall also include in such 
report a separate breakout of the fiscal year 1983 Department 
of Defense expenditures in each of the categories specified in 
paragraph (1) for the Armed Forces of the United States 
assigned to permanent duty ashore in the European member 
nations of NATO and the expenditures projected to be incurred 
by the Department of Defense in each of those categories in 
each of the fiscal years 1984 through 1989 for personnel of the 
Armed Forces of the United States planned to be assigned to 
permanent duty ashore in such nations during each of those 
fiscal years. The Secretary of Defense shall also include in 
such report similar separate breakouts for all classes of 
United States forces reflected in the data submitted to the 
Committee on Armed Services of the Senate and printed in part 
1, pages 61-68, of that Committee's hearings on Department of 
Defense Authorization For Appropriations For Fiscal Year 1982.
    (3) The Secretary of Defense shall also include in such 
report the estimated percentage growth in each of the five 
categories specified in paragraph (1) of subsection (b), after 
allowing for inflation, from one year to the next for the 
fiscal years 1983 through 1989. In the case of each category of 
expenditures for which the annual projected rate of expenditure 
growth after fiscal year 1983 exceeds 3 percent, after allowing 
for inflation over the previous fiscal year, the Secretary 
shall include his assessment of the impact on NATO of limiting 
the growth of expenditures in that category to 3 percent real 
growth.

                     TITLE XII--GENERAL PROVISIONS

          * * * * * * *

          policy governing the test of anti-satellite warheads

    Sec. 1235.\4\ (a) Notwithstanding any other provision of 
law, none of the funds appropriated pursuant to an 
authorization contained in this or any other Act may be 
obligated or expended to test against an object in space the 
miniature homing vehicle (MHV) anti-satellite warhead launched 
from an F-15 aircraft unless the President determines and 
certifies to Congress--
---------------------------------------------------------------------------
    \4\Sec. 205 of the DOD Authorization Act, 1985 (Public Law 98-525; 
98 Stat. 2492 at 2509) amended and restated sec. 1235. It formerly read 
as follows:
---------------------------------------------------------------------------

  ``establishing criteria governing the test of antisatellite warheads
---------------------------------------------------------------------------
    ``Sec. 1235. Notwithstanding any other provision of law, none of 
the funds appropriated pursuant to an authorization contained in this 
or any other Act may be obligated or expended to test any explosive or 
insert antisatellite warheads against objects in space unless the 
President determines and certifies to the Congress--
    ``(1) that the United States is endeavoring, in good faith, to 
negotiate with the Soviet Union a mutual and verifiable ban on 
antisatellite weapons; and
    ``(2) that, pending agreement on such a ban, testing of explosive 
or inert antisatellite warheads against objects in space by the United 
States is necessary to avert clear and irrevocable harm to the national 
security.''.
---------------------------------------------------------------------------
          (1) that the United States is endeavoring, in good 
        faith, to negotiate with the Soviet Union a mutual and 
        verifiable agreement with the strictest possible 
        limitations on anti-satellite weapons consistent with 
        the national security interests of the United States;
          (2) that, pending agreement on such strict 
        limitations, testing against objects in space of the F-
        15 launched miniature homing vehicle anti-satellite 
        warhead by the United States is necessary to avert 
        clear and irrevocable harm to the national security.
          (3) that such testing would not constitute an 
        irreversible step that would gravely impair prospects 
        for negotiations on anti-satellite weapons; and
          (4) that such testing is fully consistent with the 
        rights and obligations of the United States under the 
        Anti-Ballistic Missile Treaty of 1972 as those rights 
        and obligations exist at the time of such testing.
    (b) During fiscal year 1985, funds appropriated for the 
purpose of testing the F-15 launched miniature homing vehicle 
anti-satellite warheads may not be used to conduct more than 
two successful tests of that warhead against objects in space.
    (c) The limitations on the expenditure of funds provided by 
this section shall cease to apply 15 calendar days after the 
date of the receipt by Congress of the certification referred 
to in subsection (a).
          * * * * * * *

 limitation on waivers of cost-recovery requirements under arms export 
                              control act

    Sec. 1237.\5\ The authority of the President under section 
21(e)(2) of the Arms Export Control Act may be exercised 
without regard to the limitation imposed by section 770 of the 
Department of Defense Appropriation Act, 1983 (as contained in 
Public Law 97-377; 96 Stat. 1862).
---------------------------------------------------------------------------
    \5\Although secs. 1237 and 1238 lifted these restrictions 
concerning certain provisions of the Arms Export Control Act as they 
applied during fiscal year 1983, similar restrictions were reenacted as 
secs. 743A and 762A of the Department of Defense Appropriation Act, 
1984.
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         waiver of limitation on foreign military sales program

    Sec. 1238.\5\ The Arms Export Control Act shall be 
administered as if section 747 of the Department of Defense 
Appropriation Act, 1983 (as contained in Public Law 97-377; 96 
Stat. 1858) had not been enacted into law.
          * * * * * * *
            w. Department of Defense Authorization Act, 1983

  Partial text of Public Law 97-252 [S. 2248], 96 Stat. 718, approved 
                           September 8, 1982

 AN ACT To authorize appropriations for fiscal year 1983 for the Armed 
     Forces for procurement, for research, development, test, and 
 evaluation, and for operation and maintenance, to prescribe personnel 
 strengths for such fiscal year for the Armed Forces and for civilian 
employees of the Department of Defense, to authorize appropriations for 
     such fiscal year for civil defense, to authorize supplemental 
      appropriations for fiscal year 1982, 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 ``Department of Defense Authorization 
Act, 1983''.

          * * * * * * *

                      TITLE XI--GENERAL PROVISIONS

          * * * * * * *

                  nato defense industrial cooperation

    Sec. 1122.\1\ (a) The Congress finds that--
---------------------------------------------------------------------------
    \1\22 U.S.C. 1928 note.
---------------------------------------------------------------------------
          (1) the United States remains firmly committed to 
        cooperating closely with its North Atlantic Treaty 
        Organization (hereinafter in this section referred to 
        as ``NATO'') allies in protecting liberty and 
        maintaining world peace;
          (2) the financial burden of providing for the defense 
        of Western Europe and for the protection of the 
        interests of NATO member countries in areas outside the 
        NATO treaty area has reached such proportions that new 
        cooperative approaches among the United States and its 
        NATO allies are required to achieve and maintain an 
        adequate collective defense at acceptable costs;
          (3) the need for a credible conventional deterrent in 
        Western Europe has long been recognized in theory but 
        has never been fully addressed in practice;
          (4) a more equitable sharing by NATO member countries 
        of both the burdens and the technological and economic 
        benefits of the common defense would do much to 
        reinvigorate the North Atlantic Treaty Organization 
        alliance with a restored sense of unity and common 
        purposes;
          (5) a decision to coordinate more effectively the 
        enormous technological, industrial, and economic 
        resources of NATO member countries will not only 
        increase the efficiency and effectiveness of NATO 
        military expenditures but also provide inducement for 
        the Soviet Union to enter into a meaningful arms 
        reduction agreement so that both Warsaw Pact countries 
        and NATO member countries can devote more of their 
        energies and resources to peaceful and economically 
        more beneficial pursuits.
    (b) It is the sense of the Congress that the President 
should propose to the heads of government of the NATO member 
countries that the NATO allies of the United States join the 
United States in agreeing--
          (1) to coordinate more effectively their defense 
        efforts and resources to create, at acceptable costs, a 
        credible, collective, conventional force for the 
        defense of the North Atlantic Treaty area;
          (2) to establish a cooperative defense-industrial 
        effort within Western Europe and between Western Europe 
        and North America that would increase the efficiency 
        and effectiveness of NATO expenditures by providing a 
        larger production base while eliminating unnecessary 
        duplication of defense-industrial efforts;
          (3) to share more equitably and efficiently the 
        financial burdens, as well as the economic benefits 
        (including jobs, technology, and trade) of NATO 
        defense; and
          (4) to intensify consultations promptly for the early 
        achievement of the objectives described in clauses (1) 
        through (3).

          study of improved control of use of nuclear weapons

    Sec. 1123. (a) The Secretary of Defense shall conduct a 
full and complete study and evaluation of possible initiatives 
for improving the containment and control of the use of nuclear 
weapons, particularly during crises. Such study and evaluation 
shall include consideration of the following:
          (1) Establishment of a multi-national military crisis 
        control center for monitoring and containing the use or 
        potential use of nuclear weapons by third parties or 
        terrorist groups.
          (2) Development of a forum through which the United 
        States and the Soviet Union could exchange information 
        pertaining to nuclear weapons that could potentially be 
        used by third parties or terrorist groups.
          (3) Development of measures for building confidence 
        between the United States and the Soviet Union for 
        improved crisis stability and arms control, including--
                  (A) an improved United States/Soviet Union 
                communications hotline for crisis control;
                  (B) improved procedures for verification of 
                any arms control agreements;
                  (C) measures to reduce the vulnerability of 
                command, control, and communications of both 
                nations; and
                  (D) measures to lengthen the warning time 
                each nation would have of potential nuclear 
                attack.
    (b) The Secretary of Defense shall submit a report of the 
study and evaluation under subsection (a) to the Committees on 
Armed Services and Foreign Relations of the Senate and the 
Committees on Armed Services and Foreign Affairs of the House 
of Representatives by February 1, 1983.\2\ Such report should 
be available in both a classified, if necessary, and 
unclassified format.
---------------------------------------------------------------------------
    \2\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. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------
    (c) The President shall report to the Committees on Armed 
Services and Foreign Relations of the Senate and the Committees 
on Armed Services and Foreign Affairs of the House of 
Representatives by March 1, 1983,\2\ on the merits to the arms 
control process of the initiatives developed under the study 
and evaluation required by subsection (a) and on the status of 
any such initiative as it may relate to any arms control 
negotiation with the Soviet Union.

              negotiations for banning of chemical weapons

    Sec. 1124. It is the sense of Congress that the President 
should--
          (1) continue to promote actively negotiations among 
        the member countries of the Ad Hoc Working Group on 
        Chemical Warfare of the Committee on Disarmament 
        established by the United Nations General Assembly and 
        meeting in Geneva, Switzerland for the purpose of 
        drafting a treaty for the complete, effective, and 
        verifiable prohibition of the development, production, 
        and stockpiling of all chemical weapons and for their 
        destruction;
          (2) press vigorously in every appropriate forum for a 
        full explanation of outstanding allegations concerning 
        Soviet and Soviet-proxy use of chemical weapons in 
        violation of international law; and
          (3) communicate to the Government of the Union of 
        Soviet Socialist Republics the earnest desire of the 
        Government of the United States for a comprehensive, 
        verifiable ban on chemical weaponry and the willingness 
        of the Government of the United States to participate 
        in negotiations toward this end as soon as the 
        Government of the United States can be satisfied that 
        the Soviet Union is not in violation of existing 
        international accords applying to the prohibition of 
        first use of chemical weapons and the production and 
        transfer of biological weapons and that the Soviet 
        Union is prepared to agree to provisions needed to 
        ensure the verifiability of an accord banning chemical 
        warfare.
          * * * * * * *
     x. Department of Defense Appropriation Authorization Act, 1979

  Partial text of Public Law 95-485 [S. 3486], 92 Stat. 1611 at 1625, 
                       approved October 20, 1978

AN ACT To authorize appropriations for fiscal year 1979 for procurement 
    of aircraft, missiles, naval vessels, tracked combat vehicles, 
 torpedoes, and other weapons and for research, development, test and 
evaluation for the Armed Forces, to prescribe the authorized personnel 
  strength for each active duty component and the Selected Reserve of 
 each Reserve component of the Armed Forces and for civilian personnel 
   of the Department of Defense, to authorize the military training 
 student loads, to authorize appropriations for civil defense, 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 ``Department of Defense Appropriation 
Authorization Act, 1979''.
          * * * * * * *

                     TITLE VIII--GENERAL PROVISIONS

          * * * * * * *

        realignment of military installations in the canal zone

    Sec. 817. None of the funds authorized to be appropriated 
by this Act shall be used for the realignment of any military 
installation in the Canal Zone unless such use is consistent 
with the responsibility of, and necessity for, the United 
States to defend the Panama Canal or with legislation which may 
be enacted to implement the Panama Canal Treaties of 1977.
          * * * * * * *
     y. Department of Defense Appropriation Authorization Act, 1975

Partial text of Public Law 93-365 [H.R. 14592], 88 Stat. 399, approved 
August 5, 1974; as amended by Public Law 94-106 [Department of Defense 
   Appropriation Authorization Act, 1976; H.R. 6674], 89 Stat. 531, 
  approved October 7, 1975; Public Law 97-252 [Department of Defense 
   Authorization Act, 1983; S. 2248], 96 Stat. 718 at 754, approved 
  September 8, 1982; and by Public Law 103-199 [FRIENDSHIP Act; H.R. 
           3000], 107 Stat. 2317, approved December 17, 1993

  AN ACT To authorize appropriations during the fiscal year 1975 for 
   procurement of aircraft, missiles, naval vessels, tracked combat 
vehicles, torpedoes, and other weapons, and research, development, test 
 and evaluation for the Armed Forces, and to prescribe the authorized 
 personnel strength for each active duty component and of the Selected 
 Reserve of each Reserve component of the Armed Forces and of civilian 
 personnel of the Department of Defense, and to authorize the military 
             training student loads and for other purposes.

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

                        TITLE III--ACTIVE FORCES

          * * * * * * *
    Sec. 302. (a) The United States military forces in Europe 
can reduce headquarters and noncombat military personnel 
relative to the number of combat personnel located in Europe. 
Therefore, except in the event of imminent hostilities in 
Europe, the noncombat component of the total United States 
military strength in Europe authorized as of June 30, 1974, 
shall be reduced by 18,000. Such reduction shall be completed 
not later than June 30, 1976, and not less than 6,000 of such 
reduction shall be completed on or before June 30, 1975; 
however, the Secretary of Defense is authorized to increase the 
combat component strength of United States forces in Europe by 
the amount of any such reduction made in noncombat personnel. 
The Secretary of Defense shall report semiannually to the 
Congress on all actions taken to improve the combat proportion 
of United States forces in Europe. The first report shall be 
submitted not later than March 31, 1975.
    (b) For purposes of this section, the combat component of 
the Army includes only the infantry, cavalry, artillery, 
armored, combat engineers, special forces, attack assault 
helicopter units, air defense, and missile combat units of 
battalion or smaller size; the combat component of the Navy 
includes only the combat ships (aircraft carrier, cruiser, 
destroyer, submarine, escort and amphibious assault ships) and 
combat aircraft wings (fighter, attack, reconnaissance, and 
patrol); the combat component of the Air Force includes only 
the tactical fighter reconnaissance, tactical airlift, fighter 
interceptor and bomber units of wing or smaller size.
    (c)\1\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \1\Subsec. (c), which had directed the Secretary of Defense to 
assess the costs and possible loss of nonnuclear combat effectiveness 
of NATO military forces due to failure to follow NATO standardization 
guidelines, was repealed by Public Law 97-295 (96 Stat. 1314). Public 
Law 97-295 reconstituted most of the text of subsec. (c) in 10 U.S.C. 
2457.
---------------------------------------------------------------------------
    (d) The total number of United States tactical nuclear 
warheads located in Europe on the date of enactment of this Act 
shall not be increased until after June 30, 1975, except in the 
event of imminent hostilities in Europe. The Secretary of 
Defense shall study the overall concept for use of tactical 
nuclear weapons in Europe; how the use of such weapons relates 
to deterrence and to a strong conventional defense; reductions 
in the number and type of nuclear warheads which are not 
essential for the defense structure for Western Europe; and the 
steps that can be taken to develop a rational and coordinated 
nuclear posture by the North Atlantic Treaty Organization 
Alliance that is consistent with proper emphasis on 
conventional defense forces. The Secretary of Defense shall 
report to the Committees on Armed Services and Foreign 
Relations of the Senate and the Committees on Armed Services 
and Foreign Affairs of the House of Representatives\2\ on the 
results of the above study on or before April 1, 1975.
---------------------------------------------------------------------------
    \2\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. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------
          * * * * * * *

                    TITLE VII--GENERAL PROVISIONS\3\

          * * * * * * *
    Sec. 704. Section 204 of Public Law 93-166 is amended by 
adding at the end thereof a new subsection as follows:
---------------------------------------------------------------------------
    \3\Sec. 702 amended Public Law 84-1028 (Restrictions on Disposal of 
Naval Vessels; 70A Stat. 1).
---------------------------------------------------------------------------
    ``(e) Notwithstanding any other provision of law, the 
conduct by the Department of the Navy of training operations at 
the Culebra complex involving the firing of any shells, 
missiles, or other projectiles from ships or the dropping of 
any bombs, strafing, firing of rockets or missiles, or the 
launching of any other projectiles from aircraft at Culebra or 
at any keys within three nautical miles thereof is prohibited 
during any period of time that the negotiations required by 
subsection (b) have been ended on the initiative of the United 
States Government prior to the conclusion of a satisfactory 
agreement. In the conduct of the negotiations required by 
subsection (b) the Secretary of the Navy shall not agree to any 
relocation of training operations from the Island of Culebra 
which would be rendered ineffective by any international 
agreement on the law of the sea which may become international 
law within three years after the date of the enactment of this 
Act.''
          * * * * * * *
    Sec. 707. (a) No funds authorized to be appropriated by 
this or any other Act may be obligated under a contract entered 
into by the Department of Defense after the date of the 
enactment of this Act for procurement of goods which are other 
than American goods unless, under regulations of the Secretary 
of Defense and subject to the determinations and exceptions 
contained in title III of the Act of March 3, 1933, as amended 
(47 Stat. 1520; 41 U.S.C. 10a, 10b), popularly known as the Buy 
American Act, there is adequate consideration given to--
          (1) the bids or proposals of firms located in labor 
        surplus areas in the United States as designated by the 
        Department of Labor which have offered to furnish 
        American goods;
          (2) the bids or proposals of small business firms in 
        the United States which have offered to furnish 
        American goods;
          (3) the bids or proposals of all other firms in the 
        United States which have offered to furnish American 
        goods;
          (4) the United States balance of payments;
          (5) the cost of shipping goods which are other than 
        American goods; and
          (6) any duty, tariff, or surcharge which may enter 
        into the cost of using goods which are other than 
        American goods.
    (b) For purposes of this section, the term ``goods which 
are other than American goods'' means (1) an end product which 
has not been mined, produced, or manufactured in the United 
States, or (2) an end product manufactured in the United States 
but the cost of the components thereof which are not mined, 
produced, or manufactured in the United States exceeds the cost 
of components mined, produced, or manufactured in the United 
States.
          * * * * * * *
    Sec. 709.\4\ * * * [Repealed--1993]
---------------------------------------------------------------------------
    \4\Formerly at 50 U.S.C. 2403-1. Sec. 709, relating to technology 
transfer to a controlled country, was repealed by sec. 202(b) of the 
FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2322).
---------------------------------------------------------------------------
          * * * * * * *
           z. Armed Forces Appropriation Authorization, 1971

Partial text of Public Law 91-441 [H.R. 17123], 84 Stat. 909, approved 
October 7, 1970, as amended by Public Law 95-79 [Department of Defense 
Appropriation Authorization Act, 1978; H.R. 5970], 91 Stat. 323 at 334, 
                         approved July 30, 1977

  AN ACT To authorize appropriations during the fiscal year 1971 for 
 procurement of aircraft, missiles, naval vessels, and tracked combat 
   vehicles, and other weapons, and research, development, test, and 
     evaluation for the Armed Forces, and to authorize real estate 
  acquisition and construction at certain installations in connection 
 with the Safeguard antiballistic missile system, and to prescribe the 
 authorized personnel strength of the Selected Reserve of each Reserve 
         component of the Armed Forces, and for other purposes.

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

          * * * * * * *

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Congress views with grave concern the 
deepening involvement of the Soviet Union in the Middle East 
and the clear and present danger to world peace resulting from 
such involvement which cannot be ignored by the United States. 
In order to restore and maintain the military balance in the 
Middle East, by furnishing to Israel for means of providing for 
its own security, the President is authorized to transfer to 
Israel, by sale, credit sale, or guaranty, such aircraft, and 
equipment appropriate to use, maintain, and protect such 
aircraft, as may be necessary to counteract any past, present, 
or future increased military assistance provided to other 
countries of the Middle East. Any such sale, credit sale, or 
guaranty shall be made on terms and conditions not less 
favorable than those extended to other countries which receive 
the same or similar types of aircraft and equipment. The 
authority contained in the second sentence of this section 
shall expire September 30, 1972.\1\ In any case in which 
aircraft or other equipment is transferred under authority of 
this section and such aircraft or equipment is taken from the 
inventory of the Armed Forces of the United States or is 
scheduled to be included in such inventory, the Secretary of 
Defense shall, as soon as practicable and as authorized
---------------------------------------------------------------------------
    \1\Sec. 807 of Public Law 95-79 (Department of Defense 
Appropriation Authorization Act, 1978; 91 Stat. 323 at 334) provided 
the following extension:
    ``Notwithstanding any other provision of law, the authority 
provided in section 501 of Public Law 91-441 (84 Stat. 909) is hereby 
extended until October 1, 1979; but no transfer of aircraft or other 
equipment may be made under the authority of such section 501 unless 
funds have been previously appropriated for such transfer.''.
---------------------------------------------------------------------------
by law, restock the inventory of the Armed Forces of the United 
States with equivalent quantities of aircraft and other 
equipment so transferred.\2\
---------------------------------------------------------------------------
    \2\The last sentence in sec. 501 was added by sec. 807(b) of the 
Department of Defense Appropriation Authorization Act, 1978 (Public Law 
95-79; 91 Stat. 334).
---------------------------------------------------------------------------
          * * * * * * *
aa. Authorization for an Improved U.S./Soviet Direct Communication Link

  Public Law 99-85 [S.J. Res. 108], 99 Stat. 286, approved August 8, 
 1985; amended by Public Law 103-199 [FRIENDSHIP Act; H.R. 3000], 107 
                 Stat. 2317, approved December 17, 1993

JOINT RESOLUTION\1\ Authorizing the Secretary of Defense to provide to 
   the Soviet Union, on a reimbursable basis, equipment and services 
  necessary for an improved United States/Soviet Direct Communication 
                        Link for crisis control.

Whereas section 1123(a) of the Department of Defense 
    Authorization Act, 1983 (Public Law 97-252), directed the 
    Secretary of Defense ``to conduct a full and complete study 
    and evaluation of possible initiatives for improving the 
    containment and control of the use of nuclear weapons, 
    particularly during crises;
---------------------------------------------------------------------------
    \1\10 U.S.C. 113 note.
---------------------------------------------------------------------------
Whereas the Congress directed that the same study should 
    address several specific measures for building confidence 
    between the United States and the Soviet Union, including 
    an improved Direct Communications Link for crisis control;
Whereas the Secretary of Defense responded to that 
    congressional mandate with a report entitled ``Report to 
    the Congress on Direct Communications Links and Other 
    Measures to Enhance Stability'' in which the Secretary 
    proposed several improvements to existing United States-
    Soviet mechanisms for the prevention and resolution of 
    crises, including the addition of a facsimile capability to 
    the United States/Soviet Union Direct Communications Link;
Whereas the President of the United States presented the 
    recommendations of the Secretary of Defense to the 
    Government of the Soviet Union in May 1983;
Whereas the United States and the Soviet Union commenced 
    negotiations on bilateral communications improvements in 
    August 1983, and on July 17, 1984, concluded the Exchange 
    of Notes Between the United States of America and the Union 
    of Soviet Socialist Republics Concerning the Direct 
    Communications Link Upgrade in which the two governments 
    agreed to add a facsimile capability to the Direct 
    Communications Link;
Whereas the Congress endorses that agreement and remains 
    committed to all possible measures to facilitate the 
    resolution of international crises and to limit the danger 
    of conflict;
Whereas the Secretary of Defense is responsible for the 
    installation, maintenance, and operation of the Direct 
    Communications Link equipment for the United States; and
Whereas the Exchange of Notes Between the United States of 
    America and the Union of Soviet Socialist Republics 
    Concerning the Direct Communications Link Upgrade provides 
    that the United States Government will provide to the Union 
    of Soviet Socialist Republics, at cost, the equipment and 
    services necessary for the Soviet Union part of the 
    improved Direct Communications Link: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
Secretary of Defense may provide to Russia,\2\ as provided in 
the Exchange of Notes Between the United States of America and 
the Union of Soviet Socialist Republics Concerning the Direct 
Communications Link Upgrade, concluded on July 17, 1984, such 
equipment and services as may be necessary to upgrade or 
maintain the Russian part\3\ of the Direct Communications Link 
agreed to in the Memorandum of Understanding between the United 
States and the Soviet Union signed June 20, 1963. The Secretary 
shall provide such equipment and services to Russia\2\ at the 
cost thereof to the United States.
---------------------------------------------------------------------------
    \2\Sec. 404(a)(1)(A) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2325) struck out ``to the Soviet Union'' and inserted in lieu 
thereof ``to Russia''.
    \3\Sec. 404(a)(1)(B) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2325) struck out ``Soviet Union part'' and inserted in lieu 
thereof ``Russian part''.
---------------------------------------------------------------------------
    Sec. 2. (a) The Secretary of Defense may use any funds 
available to the Department of Defense for the procurement of 
the equipment and providing the services referred to in the 
first section.
    (b) Funds received from Russia\4\ as payment for such 
equipment and services shall be credited to the appropriate 
account of Department of Defense.
---------------------------------------------------------------------------
    \4\Sec. 404(a)(2) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2325) struck out ``the Soviet Union'' and inserted in lieu 
thereof ``Russia''. Sec. 404(b) of that Act, however, provided that 
``The amendment made by subsection (a)(2) does not affect the 
applicability of section 2(b) of that joint resolution to funds 
received from the Soviet Union.''.
    4. Laws Relating to Loan or Sale of Vessels to Foreign Countries

            a. 10 U.S.C. 7307--Disposals to Foreign Nations

                      Chapter 633.--NAVAL VESSELS

          * * * * * * *

Sec. Sec. 7307.\1\ Disposals to foreign nations

    (a) Larger or Newer Vessels.--A naval vessel that is in 
excess of 3,000 tons or that is less than 20 years of age may 
not be disposed of to another nation (whether by sale, lease, 
grant, loan, barter, transfer, or otherwise) unless the 
disposition of that vessel is approved by law enacted after 
August 5, 1974. A lease or loan of such a vessel under such a 
law may be made only in accordance with the provisions of 
chapter 6 of the Arms Export Control Act (22 U.S.C. 2796 et 
seq.) or chapter 2 of part II of the Foreign Assistance Act of 
1961 (22 U.S.C. 2311 et seq.).
---------------------------------------------------------------------------
    \1\10 U.S.C. 7307 was originally enacted in Public Law 84-1028 (70A 
Stat. 1; August 10, 1956), and has been amended by Public Law 93-365 
(88 Stat. 399); Public Law 94-457 (90 Stat. 1938); Public Law 96-513 
(94 Stat. 2835); Public Law 99-83 (99 Stat. 190); and by Public Law 
101-510 (104 Stat. 1704).
    Sec. 824(b) of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1708) amended and restated 10 
U.S.C. 7307.
    Sec. 1025 of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105-85; 111 Stat. 1877) provides the following:
    ``SEC. 1025. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN 
COUNTRIES.
    ``(a) Authority.--The Secretary of the Navy is authorized to 
transfer vessels to foreign countries on a sales basis under section 21 
of the Arms Export Control Act (22 U.S.C. 2761) as follows:
---------------------------------------------------------------------------

          ``(1) To the Government of Brazil, the HUNLEY class submarine 
        tender HOLLAND (AS 32).
          ``(2) To the Government of Chile, the KAISER class oiler 
        ISHERWOOD (T-AO 191).
          ``(3) To the Government of Egypt:

                  ``(A) The following frigates of the KNOX class:
                      ``(i) The PAUL (FF 1080).
                      ``(ii) The MILLER (FF 1091).
                      ``(iii) The JESSE L. BROWN (FFT 1089).
                      ``(iv) The MOINESTER (FFT 1097).
                  ``(B) The following frigates of the OLIVER HAZARD 
                PERRY class:
                      ``(i) The FAHRION (FFG 22).
                      ``(ii) The LEWIS B. PULLER (FFG 23).

          ``(4) To the Government of Israel, the NEWPORT class tank 
        landing ship PEORIA (LST 1183).
          ``(5) To the Government of Malaysia, the NEWPORT class tank 
        landing ship BARBOUR COUNTY (LST 1195).
          ``(6) To the Government of Mexico, the KNOX class frigate 
        ROARK (FF 1053).
          ``(7) To the Taipei Economic and Cultural Representative 
        Office in the United States (the Taiwan instrumentality that is 
        designated pursuant to section 10(a) of the Taiwan Relations 
        Act), the following frigates of the KNOX class:

                  ``(A) The WHIPPLE (FF 1062).
                  ``(B) The DOWNES (FF 1070).

          ``(8) To the Government of Thailand, the NEWPORT class tank 
        landing ship SCHENECTADY (LST 1185).
---------------------------------------------------------------------------
    ``(b) Costs of Transfers.--Any expense incurred by the United 
States in connection with a transfer authorized by subsection (a) shall 
be charged to the recipient.
    ``(c) Repair and Refurbishment in United States Shipyards.--To the 
maximum extent practicable, the Secretary of the Navy shall require, as 
a condition of the transfer of a vessel under this section, that the 
country to which the vessel is transferred have such repair or 
refurbishment of the vessel as is needed, before the vessel joins the 
naval forces of that country, performed at a shipyard located in the 
United States, including a United States Navy shipyard.
    ``(d) Expiration of Authority.--The authority to transfer a vessel 
under subsection (a) shall expire at the end of the two-year period 
beginning on the date of the enactment of this Act.''.
---------------------------------------------------------------------------
    (b) Other Vessels.--(1) A naval vessel not subject to 
subsection (a) may be disposed of to another nation (whether by 
sale, lease, grant, loan, barter, transfer, or otherwise) in 
accordance with applicable provisions of law, but only after--
          (A) the Secretary of the Navy notifies the Committee 
        on Armed Services of the Senate and the Committee on 
        National Security of the House of Representatives\2\ in 
        writing of the proposed disposition; and
---------------------------------------------------------------------------
    \2\Sec. 1502(a)(1) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 502) struck out 
``Committees on Armed Services of the Senate and House of 
Representatives'' and inserted in lieu thereof ``Committee on Armed 
Services of the Senate and the Committee on National Security of the 
House of Representatives''.
---------------------------------------------------------------------------
          (B) 30 days of continuous session of Congress have 
        expired following the date on which such notice is sent 
        to those committees.
    (2) For purposes of paragraph (1)(B), 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 3 days to a day 
certain are excluded in the computation of such 30-day period.
=======================================================================


                          Executed Public Laws

          a.Netherlands--P.L.82-510 [S.3337], 66Stat.587, approved July 
        11, 1952.
          b.Italy and France; Far Eastern and European Nations--P.L.83-
        188 [S.2277], 67 Stat. 363, approved Aug. 5, 1953, as amended 
        by P.L.84-948 [H.R.11613], 70 Stat. 967, approved Aug. 3, 1956.
          c.Turkey--P.L.83-214 [S.2539], 67 Stat. 471, approved Aug. 7, 
        1953.
          d.Brazil--P.L.84-484 [H.R.8100], 70 Stat. 105, approved Apr. 
        6, 1956.
          e.Netherlands and Venezuela--P.L.85-220 [H.R.6952], 71 Stat. 
        495, approved Aug. 29, 1957.
          f.NATO and the European Area; the Latin American and Far 
        Eastern Areas--P.L.85-532 [S.3506], 72 Stat. 376; 50 U.S.C. 
        App. 1878e-1878i, approved July 18, 1958.
          g.Italy, Turkey, and the Republic of China--P.L.86-57 
        [H.R.3366], 73 Stat. 90; 50 U.S.C. App. 1878j-1878l, approved 
        June 23, 1959.
          h.Republic of China--P.L.86-482 [H.R.9465], 74 Stat. 153; 50 
        U.S.C. App. 1878m-1878p, approved June 1, 1960.
          i.Portugal, Spain, NATO, Southern Asia, and the Far Eastern 
        Area--P.L.87-387 [H.R.7726], 75 Stat. 815; 50 U.S.C. App. 
        1878q-1878x, approved Oct. 4, 1961.
          j.Argentina, Brazil, China, Germany, Greece, Italy, Japan, 
        The Netherlands, Peru, Spain, Thailand, and Turkey--P.L.88-437 
        [H.R.11035], 78 Stat. 444; 50 U.S.C. App. 1878y-1878bb, 
        approved Aug. 14, 1964.
          k.Italy, Spain, Argentina, Brazil, Turkey, and the 
        Philippines--P.L.89-324 [H.R.7812], 79 Stat. 1214; 50 U.S.C. 
        App. 1878cc-1878mm, approved Nov. 5, 1965.
          l.Republic of China--P.L.89-398 [H.R.7813], 80 Stat. 121; 50 
        U.S.C. App. 1878nn-1878ss, approved Apr. 16, 1966.
          m.Argentina, Brazil, Chile, Colombia, Federal Republic of 
        Germany, Greece, Republic of Korea, Portugal, Spain, and Peru--
        P.L.90-224 [H.R.6167], 81 Stat. 729; 50 U.S.C. App. 1878tt-
        1878xx approved Dec. 26, 1967.
          n.Greece, Pakistan, Republic of Vietnam, and Turkey--P.L.91-
        682 [H.R.15728], 84 Stat. 2066; 50 U.S.C. App. 1878yy-1878zz-3, 
        approved Jan. 12, 1971.
          o.Spain, Turkey, Greece, Republic of Korea and Italy--P.L.92-
        270 [H.R.9526], 86 Stat. 118; 50 U.S.C. App. 1878zz-4--1878zz-
        8, approved Apr. 6, 1972.
          p.Argentina, Republic of China, Colombia, Germany, Greece, 
        Iran, Republic of Korea, Pakistan, the Philippines, Spain, and 
        Venezuela--P.L.94-457 [S.3734], 90 Stat. 1938, approved Oct. 5, 
        1976.
          q.Brazil, Colombia, Ecuador, Greece, Indonesia, Republic of 
        Korea, Mexico, Peru, Philippines, and Spain--P.L.96-150 
        [H.R.5163], 93 Stat. 1091, approved Dec. 20, 1979.
          r.Colombia, Dominican Republic, Mexico, Pakistan, Turkey--
        P.L.97-342 [H.R.7115], 96 Stat. 1641, approved Oct. 15, 1982.
          s.Taiwan--P.L.99-661 [S.2638], 100 Stat. 4005, approved Nov. 
        14, 1986.
          t.Philippines--P.L.101-44 [H.R.2344], 103 Stat. 96, approved 
        June 30, 1989.
          u.Brazil--P.L.101-172 [H.R.3544], 103 Stat. 1291, approved 
        Nov. 22, 1989.
          v.Brazil--P.L.101-568 [S.3215], 104 Stat. 2804, approved Nov. 
        15, 1990.
          w.Greece--P.L.102-91 [H.R.2901], 105 Stat. 472, approved Aug. 
        14, 1991.
          x.Greece, Taiwan--P.L.102-322 [H.R.5412], 106 Stat. 443, 
        approved July 19, 1992.
          y.Argentina, Australia, Chile, Greece, Taiwan, Turkey--
        P.L.103-54 [H.R.2561], 107 Stat. 274, approved July 28, 1993.
          z.Brazil, Egypt, Morocco, Oman, Spain, Taiwan, Thailand, 
        Turkey, Venezuela--P.L.103-174 [H.R.3741], 107 Stat. 2000, 
        approved Dec. 2, 1993.
          aa.Australia, Brazil, Morocco, Spain--P.L.103-295 [H.R.4426], 
        108 Stat. 1462, approved Aug. 12, 1994.
          bb.Argentina, Chile, Malaysia, Spain, Taiwan, Venezuela--
        P.L.103-378 [H.R.5155], 108 Stat. 3508, approved Oct. 19, 1994.
_______________________________________________________________________
 b. Transfer of Naval Vessels to Egypt, Mexico, New Zealand, Portugal, 
                          Taiwan, and Thailand

 Title II of Public Law 104-164 [H.R. 3121], 110 Stat. 1421, approved 
                             July 21, 1996

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,
          * * * * * * *

    TITLE II--TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES

SEC. 201. AUTHORITY TO TRANSFER NAVAL VESSELS.

    (a) Egypt.--The Secretary of the Navy is authorized to 
transfer to the Government of Egypt the ``OLIVER HAZARD PERRY 
CLASS'' frigate GALLERY. Such transfer shall be on a sales 
basis under section 21 of the Arms Export Control Act (22 
U.S.C. 2761; relating to the foreign military sales program).
    (b) Mexico.--The Secretary of the Navy is authorized to 
transfer to the Government of Mexico the ``KNOX'' class 
frigates STEIN (FF 1065) and MARVIN SHIELDS (FF 1066). Such 
transfers shall be on a sales basis under section 21 of the 
Arms Export Control Act (22 U.S.C. 2761; relating to the 
foreign military sales program).
    (c) New Zealand.--The Secretary of the Navy is authorized 
to transfer to the Government of New Zealand the ``STALWART'' 
class ocean surveillance ship TENACIOUS. Such transfer shall be 
on a sales basis under section 21 of the Arms Export Control 
Act (22 U.S.C. 2761; relating to the foreign military sales 
program).
    (d) Portugal.--The Secretary of the Navy is authorized to 
transfer to the Government of Portugal the ``STALWART'' class 
ocean surveillance ship AUDACIOUS. Such transfer shall be on a 
grant basis under section 516 of the Foreign Assistance Act of 
1961 (22 U.S.C. 2321j; relating to transfers of excess defense 
articles).
    (e) Taiwan.--The Secretary of the Navy is authorized to 
transfer to the Taipei Economic and Cultural Representative 
Office in the United States (which is the Taiwan 
instrumentality designated pursuant to section 10(a) of the 
Taiwan Relations Act) the following:
          (1) The ``KNOX'' class frigates AYLWIN (FF 1081), 
        PHARRIS (FF 1094), and VALDEZ (FF 1096). Such transfers 
        shall be on a sales basis under section 21 of the Arms 
        Export Control Act (22 U.S.C. 2761; relating to the 
        foreign military sales program).
          (2) The ``NEWPORT'' class tank landing ship NEWPORT 
        (LST 1179). Such transfer shall be on a lease basis 
        under section 61 of the Arms Export Control Act (22 
        U.S.C. 2796).
    (f) Thailand.--The Secretary of the Navy is authorized to 
transfer to the Government of Thailand the ``KNOX'' class 
frigate OUELLET (FF 1077). Such transfer shall be on a sales 
basis under section 21 of the Arms Export Control Act (22 
U.S.C. 2761; relating to the foreign military sales program).

SEC. 202. COSTS OF TRANSFERS.

    Any expense of the United States in connection with a 
transfer authorized by this title shall be charged to the 
recipient.

SEC. 203. EXPIRATION OF AUTHORITY.

    The authority granted by section 201 shall expire at the 
end of the 2-year period beginning on the date of the enactment 
of this Act.

SEC. 204. REPAIR AND REFURBISHMENT OF VESSELS IN UNITED STATES 
                    SHIPYARDS.

    The Secretary of the Navy shall require, to the maximum 
extent possible, as a condition of a transfer of a vessel under 
this title, that the country to which the vessel is transferred 
have such repair or refurbishment of the vessel as is needed, 
before the vessel joins the naval forces of that country, 
performed at a shipyard located in the United States, including 
a United States Navy shipyard.
=======================================================================




                      B. AGRICULTURAL COMMODITIES

                                CONTENTS

                                                                   Page
1. Agricultural Trade Development and Assistance.................   921
      a. Agricultural Trade Development and Assistance Act of 
          1954, as amended (Public Law 480)......................   921
      b. Federal Agriculture Improvement and Reform Act of 1996 
          (Public Law 104-127) (partial text)....................   966
      c. Enterprise for the Americas Initiative Act of 1992 
          (Public Law 102-532) (partial text)....................   968
      d. Food, Agriculture, Conservation, and Trade Act of 1990 
          (Public Law 101-624) (partial text)....................   971
      e. Agricultural Development and Trade Act of 1990 (title XV 
          of Public Law 101-624).................................   976
      f. Agricultural Act of 1949 (Public Law 81-439) (partial 
          text)..................................................   987
      g. Agriculture, Rural Development, Food and Drug 
          Administration, and Related Agencies Appropriations 
          Act, 1998 (Public Law 105-86) (partial text)...........   996
      h. Food Security Act of 1985 (Public Law 99-198) (partial 
          text)..................................................   999
      i. President's Emergency Food Assistance Act of 1984 (title 
          III of Public Law 98-473)..............................  1014
      j. Agricultural Exports (Public Law 98-258) (partial text).  1016
      k. Food and Agriculture Act of 1977 (Public Law 95-113) 
          (partial text).........................................  1018
      l. Extension of Agricultural Trade Development and 
          Assistance Act of 1954, as amended (Public Law 85-931) 
          (partial text).........................................  1020
      m.  Implementation of the Enterprise for the Americas 
          Initiative (Executive Order 12757).....................  1022
      n. Implementation of the Agricultural Trade Development and 
          Assistance Act of 1954, as Amended, and the Food for 
          Progress Act of 1985, as Amended (Executive Order 
          12752).................................................  1025
2. Agricultural Trade............................................  1028
      a. Agricultural Competitiveness and Trade Act of 1988 
          (Public Law 100-418) (partial text)....................  1028
      b. Agricultural Trade Act of 1978 (Public Law 95-501)......  1042
3. Agricultural Act of 1980 and Related Material.................  1070
      a. Agricultural Trade Suspension Adjustment Act of 1980 
          (title II of Public Law 96-494) (partial text).........  1070
      b. Food Security Commodity Reserve Act of 1996 (title III 
          of Public Law 96-494)..................................  1078
      c. Food Security Wheat Reserve (Executive Order 12266).....  1082
4. Agriculture and Food Act of 1981 (Public Law 97-98) (partial 
    text)........................................................  1083
5. International Carriage of Perishable Foodstuffs Act (Public 
    Law 97-325)..................................................  1090
6. Pesticide Monitoring Improvements (Public Law 100-418) 
    (partial text)...............................................  1094

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

      
            1. Agricultural Trade Development and Assistance

   a. Agricultural Trade Development and Assistance Act of 1954, as 
                        amended (Public Law 480)

                                CONTENTS

                                                                   Page

Section 1--Short Title...........................................   924
Section 2--United States Policy..................................   924
Section 3--Food Aid to Developing Countries......................   924
Title I--Trade and Development Assistance........................   925
    Section 101--Trade and Development Assistance................   925
    Section 102--Agreements Regarding Eligible Countries and 
      Private Entities...........................................   925
    Section 103--Terms and Conditions of Sales...................   927
    Section 104--Use of Local Currency Payment...................   928
Title II --Emergency and Private Assistance Programs.............   930
    Section 201--General Authority...............................   930
    Section 202--Provision of Agricultural Commodities...........   930
    Section 203--Generation and Use of Foreign Currencies By 
      Private Voluntary Organizations and Cooperatives...........   932
    Section 204--Levels of Assistance............................   933
    Section 205--Food Aid Consultative Group.....................   934
    Section 206--Maximum Level of Expenditures...................   935
    Section 207--Administration..................................   935
Title III--Food for Development..................................   936
    Section 301--Bilateral Grant Program.........................   936
    Section 302--Eligible Countries..............................   937
    Section 303--Grant Programs..................................   937
    Section 304--Direct Uses or Sales of Commodities.............   937
    Section 305--Local Currency Accounts.........................   948
    Section 306--Use of Local Currency Proceeds..................   938
Title IV--General Authorities and Requirements...................   940
    Section 401--Commodity Determinations........................   940
    Section 402--Definitions.....................................   941
    Section 403--General Provisions..............................   942
    Section 404--Agreements......................................   944
    Section 405--Consultation....................................   946
    Section 406--Use of Commodity Credit Corporation.............   946
    Section 407--Administrative Provisions.......................   947
    Section 408--Expiration Date.................................   950
    Section 411--Debt Forgiveness................................   950
    Section 412--Authorization of Appropriations.................   951
    Section 413--Coordination of Foreign Assistance Programs.....   952
    Section 414--Assistance in Furtherance of Narcotics Control 
      Objectives of the United States............................   952
    Section 415--Micronutrient Fortification Pilot Program.......   953
    Section 416--Use of Certain Local Currency...................   953
Title V--Farmer-to-Farmer Program................................   953
    Section 501--Farmer-to-Farmer Program........................   953
Title VI--Enterprise for the Americas Initiative.................   955
    Section 601--Establishment of the Facility...................   955
    Section 602--Purpose.........................................   955
    Section 603--Eligibility for Benefits Under the Facility.....   955
    Section 604--Reduction of Certain Debt.......................   956
    Section 605--Repayment of Principal..........................   957
    Section 606--Interest of New Obligations.....................   957
    Section 607--Environmental Framework Agreements..............   957
    Section 608--Enterprise for the Americas Environmental Funds.   958
    Section 609--Disbursement of Environmental Funds.............   959
    Section 610--Enterprise for the Americas Board...............   959
    Section 611--Oversight.......................................   960
    Section 612--Eligible Activities and Grantees................   960
    Section 613--Encouraging Multilateral Debt Donations.........   960
    Section 614--Annual Report to Congress.......................   961
    Section 615--Consultations With Congress.....................   961
    Section 616--Sale of Qualified Debt to Eligible Countries....   961
    Section 617--Sale, Reduction, or Cancellation of Qualified 
      Debt to Facilitate Certain Debt Swaps......................   962
    Section 618--Notification to Congressional Committees........   963
    Section 619--Definition of Qualified Debt....................   964
   a. Agricultural Trade Development and Assistance Act of 1954, as 
               amended (Public Law 480)\1\,\2\

Public Law 83-480 [S. 2475], 68 Stat. 454, 7 U.S.C. 1691-1738r, 
    approved July 10, 1954; as amended by Public Law 84-25 [S. 752], 69 
    Stat. 44, approved April 25, 1955; Public Law 84-387 [S. 2253], 69 
    Stat. 721, approved August 12, 1955; Public Law 84-540 [H.R. 
    10875], 70 Stat. 188, approved May 28, 1956; Public Law 84-726 
    [H.R. 11356], 70 Stat. 555, approved July 18, 1956; Public Law 84-
    962 [S. 3903], 70 Stat. 988, approved August 3, 1956; Public Law 
    85-128 [S. 1314], 71 Stat. 345, approved August 13, 1957; Public 
    Law 85-141 [S. 2130], 71 Stat. 355, approved August 14, 1957; 
    Public Law 85-477 [H.R. 12181], 72 Stat. 261, approved June 30, 
    1958; Public Law 85-931 [S. 3420], 72 Stat. 1790, approved 
    September 6, 1958; Public Law 86-108 [H.R. 7500], 73 Stat. 246, 
    approved July 24, 1959; Public Law 86-341 [H.R. 8609], 733 Stat. 
    606, approved September 21, 1959; Public Law 86-472] H.R. 11510], 
    74 Stat. 134, approved May 14, 1960; Public Law 87-28 [S. 1027], 75 
    Stat. 64, approved May 4, 1961; Public Law 87-128 [S. 1643], 75 
    Stat. 294, approved August 8, 1961; Public Law 87-195 [S. 1983], 75 
    Stat. 424, approved September 4, 1961; Public Law 87-703 [H.R. 
    12391], 76 Stat. 605, approved September 27, 1962; Public Law 87-
    839 [S. 3389], 76 Stat. 1074, approved October 18, 1962; Public Law 
    88-205 [H.R. 7885], 77 Stat. 379, approved December 16, 1963; 
    Public Law 88-638 [S. 2687], 78 Stat. 1035, approved October 8, 
    1964; Public Law 89-106 [H.R. 5508], 79 Stat. 431, approved August 
    4, 1965; Public Law 89-171 [H.R. 7750], 79 Stat. 653, approved 
    September 6, 1965; Public Law 89-808 [H.R. 14929], 80 Stat. 1526, 
    approved November 11, 1966; Public Law 90-436 [S. 2986], 82 Stat. 
    450, approved July 29, 1968; Public Law 91-524 [H.R. 18546], 84 
    Stat. 1358, approved November 30, 1970; Public Law 92-42 [H.R. 
    1161], 85 Stat. 99, approved July 1, 1971; Public Law 93-86 [S. 
    1888], 87 Stat. 237, approved August 10, 1973; Public Law 94-161 
    [H.R. 9005], 89 Stat. 849, approved December 20, 1975; Public Law 
    95-88 [H.R. 6714], 91 Stat. 533, approved August 3, 1977; Public 
    Law 95-113 [S. 275], 91 Stat. 913, approved September 29, 1977; 
    Public Law 95-424 [International Development and Food Assistance 
    Act of 1978, H.R. 12222], 92 Stat. 937, approved October 6, 1978; 
    Public Law 96-53 [International Development Cooperation Act of 
    1979, H.R. 3324], 93 Stat. 359, approved August 14, 1979; Public 
    Law 96-72 [Export Administration Act of 1979, S. 737], 93 Stat. 503 
    at 536, approved September 29, 1979; Public Law 96-470 
    [Congressional Reports Elimination Act of 1980, H.R. 6686], 94 
    Stat. 2237 at 2246, approved October 19, 1980; Public Law 96-533 
    [International Security and Development Cooperation Act of 1980, 
    H.R. 6942], 94 Stat. 3131 at 3151, approved December 16, 1980; 
    Public Law 97-98 [S. 884], 95 Stat. 1213 at 1274, approved December 
    22, 1981; Public Law 97-113 [International Security and Development 
    Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 1537, approved 
    December 29, 1981; Public Law 98-473 [Continuing Appropriations 
    Act, 1985; H.J. Res. 648], 98 Stat. 1837 at 2194, approved October 
    12, 1984; Public Law 98-623 [H.R. 6342], 98 Stat. 3394, approved 
    November 8, 1984, Public Law 99-83 [International Security and 
    Development Cooperation Act of 1985, S. 960], 99 Stat. 190, 
    approved August 8, 1985; Public Law 99-198 [Food Security Act of 
    1985, H.R. 2100], 99 Stat. 1354, approved December 23, 1985; Public 
    Law 100-202 [Continuing Appropriations for 1988, H.J. Res. 395], 
    101 Stat. 1329, 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 100-576 
    [Bangladesh Disaster Assistance Act of 1988, H.R. 5389], 102 Stat. 
    2897, approved October 31, 1988; Public Law 101-624 [Food, 
    Agriculture, Conservation, and Trade Act of 1990; S. 2830], 104 
    Stat. 3359, approved November 28, 1990; Public Law 102-237 [Food, 
    Agriculture, Conservation, and Trade Act Amendments of 1991; H.R. 
    3029], 105 Stat. 1818, approved December 13, 1991; Public Law 102-
    532 [Enterprise for the Americas Initiative Act of 1992; H.R. 
    4059], 106 Stat. 3509, approved October 27, 1992; Public Law 102-
    549 [Jobs Through Exports Act of 1992; H.R. 4996], 106 Stat. 3651, 
    approved October 28, 1992; Public Law 102-583 [International 
    Narcotics Control Act of 1992; H.R. 6187], 106 Stat. 4914, approved 
    November 2, 1992; Public Law 104-66 [Federal Reports Elimination 
    and Sunset Act of 1995; S. 790], 109 Stat. 707, approved December 
    21, 1995; and by Public Law 104-127 [Federal Agriculture 
    Improvement and Reform Act of 1996; H.R. 2854], 110 Stat. 888, 
    approved April 4, 1996
---------------------------------------------------------------------------
    \1\The Agricultural Trade Development and Assistance Act of 1954, 
as amended, was substantially amended and restated by sec. 1512 of 
subtitle A (the ``Mickey Leland Food for Peace Act'') of title XV (the 
``Agricultural Development and Trade Act of 1990'') of Public Law 101-
624 (the ``Food, Agriculture, Conservation, and Trade Act of 1990'').
    Previously, this Act has been restated and amended by sec. 2 of the 
Food for Peace Act of 1966.
    [Note.--In signing the Food for Peace bill on November 11, 1966, 
the President referred to it as the ``Food for Freedom program''.]
    The Food for Peace Act of 1966 was effective as of January 1, 1967, 
except that sec. 4 took effect November 11, 1966.
    \2\Prohibitions against furnishing assistance under this Act are 
contained in subsecs. (i), (j), (n), (s), and (t) of sec. 620 of the 
Foreign Assistance Act of 1961, as amended. For text, see Legislation 
on Foreign Relations Through 1997, vol. I-A. A further prohibition was 
contained in the Agricultural Environmental and Consumer Protection 
Appropriation Act, 1975 (Public Law 93-563; 88 Stat. 1830).
---------------------------------------------------------------------------

   AN ACT To increase the consumption of United States agricultural 
 commodities in foreign countries, to improve the foreign relations of 
               the United States, 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 ``Agricultural Trade Development and 
Assistance Act of 1954.''

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Agricultural Trade Development 
and Assistance Act of 1954''.

SEC. 2.\3\ UNITED STATES POLICY.

  It is the policy of the United States to use its abundant 
agricultural productivity to promote the foreign policy of the 
United States by enhancing the food security of the developing 
world through the use of agricultural commodities and local 
currencies accruing under this Act to--
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    \3\7 U.S.C. 1691.
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          (1) combat world hunger and malnutrition and their 
        causes;
          (2) promote broad-based, equitable, and sustainable 
        development, including agricultural development;
          (3) expand international trade;
          (4) develop and expand export markets for United 
        States agricultural commodities; and
          (5) foster and encourage the development of private 
        enterprise and democratic participation in developing 
        countries.

SEC. 3.\4\ FOOD AID TO DEVELOPING COUNTRIES.
    (a) Policy.--In light of the Uruguay Round Agreement on 
Agriculture and the Ministerial Decision on Measures Concerning 
the Possible Negative Effects of the Reform Program on Least-
Developed and Net-Food Importing Developing Countries, the 
United States reaffirms the commitment of the United States to 
providing food aid to developing countries.
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    \4\7 U.S.C. 1691a. Sec. 201(a) of Public Law 104-127 (110 Stat. 
951) amended and restated sec. 3. It formerly read as follows:
    ``sec. 3. global food aid needs.
    ``In view of the principal findings of the National Research 
Council of the National Academy of Sciences that doubling food aid 
above 1990 levels of about 10,000,000 metric tons per year would be 
necessary to meet projected global food needs throughout the decade of 
the nineties, it is the sense of Congress that the President should--
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          ``(1) increase the contributions of food aid by the United 
        States, and encourage other donor countries to increase their 
        contributions toward meeting new food aid requirements; and
          ``(2) encourage other advanced nations to make increased food 
        aid contributions to combat world hunger and malnutrition, 
        particularly through the expansion of international food and 
        agricultural assistance programs.''.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the President should initiate consultations with 
        other donor nations to consider appropriate levels of 
        food aid commitments to meet the legitimate needs of 
        developing countries; and
          (2) the United States should increase its 
        contribution of bona fide food assistance to developing 
        countries consistent with the Agreement on Agriculture.

               TITLE I--TRADE AND DEVELOPMENT ASSISTANCE

SEC. 101.\5\ TRADE AND DEVELOPMENT ASSISTANCE.

  (a) In General.--The President shall establish a program 
under this title to provide for the sale of agricultural 
commodities to developing countries and private entities\6\ for 
dollars on credit terms, or for local currencies (including for 
local currencies on credit terms) for use under this title. 
Such program shall be implemented by the Secretary.
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    \5\7 U.S.C. 1701.
    \6\Sec. 202 of Public Law 104-127 (110 Stat. 951) struck out 
``developing countries'' and inserted in lieu thereof ``developing 
countries and private entities'' throughout sec. 101.
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  (b) General Authority.--To carry out the policies and 
accomplish the objectives described in section 2, the Secretary 
may negotiate and execute agreements with developing countries 
and private entities\6\ to finance the sale and exportation of 
agricultural commodities to such countries and entities.\7\
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    \7\Sec. 202 of Public Law 104-127 (110 Stat. 951) inserted ``and 
entities'' at the end of the sentence.
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SEC. 102.\8\ AGREEMENTS REGARDING ELIGIBLE COUNTRIES AND PRIVATE 
                    ENTITIES.
    (a) Priority.--In selecting agreements to be entered into 
under this title, the Secretary shall give priority to 
agreements providing for the export of agricultural commodities 
to developing countries that--
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    \8\7 U.S.C. 1702. Sec. 203 of Public Law 104-127 (110 Stat. 951) 
amended and restated sec. 102. It formerly read as follows:
    ``sec. 102. eligible countries.
    ``(a) In General.--A country shall be considered to be a developing 
country and eligible for assistance under this title if such country 
has a shortage of foreign exchange earnings and has difficulty meeting 
all of its food needs through commercial channels, as determined by the 
Secretary.
    ``(b) Priority.--In determining whether and to what extent 
agricultural commodities will be made available to developing countries 
under this title, the Secretary shall give priority to developing 
countries that--
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          ``(1) demonstrate the greatest need for food;
          ``(2) are undertaking measures for economic development 
        purposes to improve food security and agricultural development, 
        alleviate poverty, and promote broad-based equitable and 
        sustainable development; and
          ``(3) have the demonstrated potential to become commercial 
        markets for competitively priced United States agricultural 
        commodities.''.
          (1) have the demonstrated potential to become 
        commercial markets for competitively priced United 
        States agricultural commodities;
          (2) are undertaking measures for economic development 
        purposes to improve food security and agricultural 
        development, alleviate poverty, and promote broad-based 
        equitable and sustainable development; and
          (3) demonstrate the greatest need for food.
    (b) Private Entities.--An agreement entered into under this 
title with a private entity shall require such security, or 
such other provisions as the Secretary determines necessary, to 
provide reasonable and adequate assurance of repayment of the 
financing extended to the private entity.
    (c) Agricultural Market Development Plan.--
          (1) Definition of Agricultural Trade Organization.--
        In this subsection, the term ``agricultural trade 
        organization'' means a United States agricultural trade 
        organization that promotes the export and sale of a 
        United States agricultural commodity and that does not 
        stand to profit directly from the specific sale of the 
        commodity.
          (2) Plan.--The Secretary shall consider a developing 
        country for which an agricultural market development 
        plan has been approved under this subsection to have 
        the demonstrated potential to become a commercial 
        market for competitively priced United States 
        agricultural commodities for the purpose of granting a 
        priority under subsection (a).
          (3) Requirements.--
                  (A) In general.--To be approved by the 
                Secretary, an agricultural market development 
                plan shall--
                          (i) be submitted by a developing 
                        country or private entity, in 
                        conjunction with an agricultural trade 
                        organization;
                          (ii) describe a project or program 
                        for the development and expansion of a 
                        commercial market for a United States 
                        agricultural commodity in a developing 
                        country, and the economic development 
                        of the country, using funds derived 
                        from the sale of agricultural 
                        commodities received under an agreement 
                        described in section 101;
                          (iii) provide for any matching funds 
                        that are required by the Secretary for 
                        the project or program;
                          (iv) provide for a results-oriented 
                        means of measuring the success of the 
                        project or program; and
                          (v) provide for graduation to the use 
                        of non-Federal funds to carry out the 
                        project or program, consistent with 
                        requirements established by the 
                        Secretary.
                  (B) Agricultural trade organization.--The 
                project or program shall be designed and 
                carried out by the agricultural trade 
                organization.
                  (C) Additional requirements.--An agricultural 
                market development plan shall contain such 
                additional requirements as are determined 
                necessary by the Secretary.
          (4) Administrative costs.--
                  (A) In general.--The Secretary may make funds 
                made available to carry out this title 
                available for the reimbursement of 
                administrative expenses incurred by 
                agricultural trade organizations in developing, 
                implementing, and administering agricultural 
                market development plans, subject to such 
                requirements and in such amounts as the 
                Secretary considers appropriate.
                  (B) Duration.--The funds may be made 
                available to agricultural trade organizations 
                for the duration of the applicable agricultural 
                market development plan.
                  (C) Termination.--The Secretary may terminate 
                assistance made available under this subsection 
                if the agricultural trade organization is not 
                carrying out the approved agricultural market 
                development plan.

SEC. 103.\9\ TERMS AND CONDITIONS OF SALES.

  (a) Payment.--
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    \9\7 U.S.C. 1703.
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          (1) Dollars.--Except as provided in paragraph (2), 
        agreements under this title shall require that payment 
        for agricultural commodities be made in dollars.
          (2) Local currencies.--
                  (A) In general.--The Secretary may permit\10\ 
                payment under an agreement under this title in 
                the local currency of the appropriate 
                country\11\ in order to use the proceeds from 
                such payments to carry out activities under 
                section 104.
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    \10\Sec. 204(1)(A) of Public Law 104-127 (110 Stat. 953) struck out 
``a recipient country to make'' after ``may permit''.
    \11\Sec. 204(1)(B) of Public Law 104-127 (110 Stat. 953) struck out 
``such country'' and inserted in lieu thereof ``the appropriate 
country''.
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                  (B) Rates of exchange.--Payments in local 
                currency shall be at rates of exchange that are 
                no less favorable than the highest exchange 
                rate legally obtainable in the country and that 
                are no less favorable than the highest exchange 
                rate obtainable by any other country.
  (b) Interest.--Such agreements shall provide that interest 
accrue on the payment deferred under such agreement at a 
concessional rate as determined appropriate by the Secretary.
  (c) Duration.--Payments required under such agreements may be 
made in reasonable annual amounts over the period (not\12\ more 
than 30 years from the date of the last delivery of commodities 
in each year under such agreement) specified in the agreement.
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    \12\Sec. 204(2) of Public Law 104-127 (110 Stat. 953) struck out 
``less than 10 nor'' after ``(not''.
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  (d) Deferral of Payments.--The Secretary may defer the date 
on which the developing country or private entity\13\ is 
required to begin making payment, under such agreements, for a 
period of not in excess of 5\14\ years after the date of the 
last delivery of commodities in each year under the agreement, 
and interest shall be computed from the date of such last 
delivery.
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    \13\Sec. 204(3)(A) of Public Law 104-127 (110 Stat. 953) struck out 
``recipient country'' and inserted in lieu thereof ``developing country 
or private entity''.
    \14\Sec. 204(3)(B) of Public Law 104-127 (110 Stat. 953) struck out 
``7'' and inserted in lieu thereof ``5''.
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  (e) Delivery of Commodities.--Delivery of the commodities 
shall be made in accordance with the terms of the agreement.

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          Note.--See 31 USC 1306, use of foreign currencies, in 
        Legislation on Foreign Relations Through 1997, vol. I-
        A.
          Section 507 of the Public Works for Water, Pollution 
        Control, and Power Development and Atomic Energy 
        Commission Appropriation Act, 1970 (Public Law 91-144; 
        83 Stat. 338), provided as follows:
          ``Pursuant to section 1415 of the Act of July 15, 
        1952 (66 Stat. 662), foreign credits (including 
        currencies) owed to or owned by the United States may 
        be used by Federal agencies for any purpose for which 
        appropriations are made for the current fiscal year 
        (including the carrying out of Acts requiring or 
        authorizing the use of such credits), only when 
        reimbursement therefor is made to the Treasury from 
        applicable appropriations of the agency concerned: 
        Provided, That such credits received as exchange 
        allowances or proceeds of sales of personal property 
        may be used in whole or part payment for acquisition of 
        similar items, to the extent and in the manner 
        authorized by law, without reimbursement to the 
        Treasury.''.

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SEC. 104.\15\ USE OF LOCAL CURRENCY PAYMENT.

  (a) In General.--Agreements under this title may provide that 
the Secretary shall use payments made in local currencies by 
the developing country or private entity\16\ in accordance with 
this section.
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    \15\7 U.S.C. 1704.
    \16\Sec. 205(1) of Public Law 104-127 (110 Stat. 953) struck out 
``recipient country'' and inserted in lieu thereof ``developing country 
or private entity''.
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  (b) Special Account.--Foreign currencies received by the 
Secretary under this title shall be deposited in a separate 
account, that may be interest-bearing, to the credit of the 
United States and such currencies and interest thereon shall be 
used as provided for in this section.
  (c) Activities.--The proceeds from the payments referred to 
in subsection (a) may be used in the appropriate developing 
country\17\ for the following:
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    \17\Sec. 205(2) of Public Law 104-127 (110 Stat. 953) struck out 
``recipient country'' throughout subsec. (c) and inserted in lieu 
thereof ``appropriate developing country''.
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          (1) Trade development.--To carry out programs to help 
        develop markets for United States agricultural 
        commodities on a mutually beneficial basis in the 
        appropriate developing country.\17\
          (2) Agricultural development.--To support--
                  (A) increased agricultural production, 
                including availability of agricultural inputs, 
                with emphasis on small farms, processing of 
                agricultural commodities, forestry management, 
                and land and water management;
                  (B) credit policies for private-sector 
                agriculture development;
                  (C) establishment and expansion of 
                institutions for basic and applied agricultural 
                research and the use of such research through 
                development of extension services; and
                  (D) programs to control rodents, insects, 
                weeds, and other animal or plant pests.
          (3) Agricultural business development loans.--To make 
        loans to United States business entities (including 
        cooperatives) and branches, subsidiaries, or affiliates 
        of such entities for agricultural business development 
        and agricultural trade expansion in such appropriate 
        developing countries.\18\
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    \18\Sec. 205(2)(B) of Public Law 104-127 (110 Stat. 953) struck out 
``recipient countries'' and inserted in lieu thereof ``appropriate 
developing countries''.
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          (4) Agricultural facilities loans.--To make loans to 
        domestic or foreign entities (including cooperatives) 
        for the establishment of facilities for aiding in the 
        utilization or distribution of, or otherwise increasing 
        the consumption of and markets for, United States 
        agricultural products.
          (5) Trade promotion.--To promote agricultural trade 
        development, under procedures established by the 
        Secretary, by making loans or through other activities 
        (including trade fairs) that the Secretary determines 
        to be appropriate.
          (6) Private sector agricultural trade development.--
        To conduct private sector agricultural trade 
        development activities in the appropriate developing 
        country,\17\ as determined appropriate by the 
        Secretary.
          (7) Research.--To conduct research in agriculture, 
        forestry, and aquaculture, including collaborative 
        research which is mutually beneficial to the United 
        States and the appropriate developing country.\17\
          (8) United States obligations.--To make payments of 
        United States obligations (including obligations 
        entered into pursuant to other laws).
  (d) Fiscal Requirements Regarding Use of Local Currencies.--
          (1) Exemption.--Section 1306 of title 31, United 
        States Code, shall not apply to local currencies used 
        by the President under paragraphs (1) through (7) of 
        subsection (c).
          (2) Use of currencies by other agencies.--Any 
        department or agency of the Federal Government other 
        than the Department of Agriculture using any such local 
        currencies for a purpose for which funds have been 
        appropriated shall reimburse the Commodity Credit 
        Corporation in an amount equivalent to the dollar value 
        of the currencies used.
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    \19\Formerly at 7 U.S.C. 1705. Sec. 206 of Public Law 104-127 (110 
Stat. 953) repealed sec. 105, which had read as follows:
    ``sec. 105. value-added foods.
    ``(a) Policy.--Congress declares it to be the policy of the United 
States to assist developing countries that are or have been recipients 
of high protein, blended, or fortified foods under title II to continue 
to combat hunger and malnutrition among the lower income segments of 
the population of such countries, especially children, through the 
continued provision of such foods under this title.
    ``(b) Partial Waiver of Repayment.--In implementing the policy 
declared in subsection (a), the Secretary, in entering into agreements 
for the sale of high protein, blended, or fortified foods under this 
title with countries that--
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          ``(1) provide assurances that the benefits of any waiver 
        granted under this subsection will be passed on to the 
        individual recipients of such foods; and
          ``(2) have a reasonable potential for transferring benefits 
        of such waiver to commercial purchasers of such foods;
``may make provisions for a waiver of payment of not to exceed an 
amount equal to the value of that part of the product that is 
attributable to the costs of processing, enrichment, or fortification 
of such product.
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    ``(c) Minimize Impact.--In implementing this section, the Secretary 
shall, to the extent practicable, minimize the impact of this section 
on other commercial and concessional sales of whole grains.''.
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SEC. 105.\19\ * * * [Repealed--1996]

        TITLE II--EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS\20\

SEC. 201.\21\ GENERAL AUTHORITY.
  The President shall establish a program under this title to 
provide agricultural commodities to foreign countries on behalf 
of the people of the United States to--
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    \20\Sec. 703 of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3349), provided the following:
    ``Sec. 703. Assistance for Private Voluntary Organizations.
    ``The President is encouraged to use funds made available under 
section 109 of Public Law 102-229 (105 Stat. 1708), and funds made 
available under chapter 11 of part I of the Foreign Assistance Act of 
1961, to assist private voluntary organizations and cooperatives in 
carrying out food assistance programs for the independent states of the 
former Soviet Union under--
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          ``(1) section 1110 of the Food Security Act of 1985 (7 U.S.C. 
        1736o);
          ``(2) section 416 of the Agricultural Act of 1949 (7 U.S.C. 
        1431); or
          ``(3) title II of the Agricultural Trade Development and 
        Assistance Act of 1954 (7 U.S.C. 1721 et seq.).''.
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    In a memorandum of July 19, 1994, the President authorized ``the 
release in fiscal year 1994 of up to 200,000 metric tons of wheat from 
the reserve established under the Act (the `reserve') for use under 
Title II of the Agricultural Trade Development and Assistance Act of 
1954 to meet relief needs that exist in the Caucasus region of the 
former Soviet Union, which I hereby determine are suffering severe food 
shortages. The wheat will be used to provide urgent humanitarian relief 
to the peoples in this region who are suffering widespread hunger and 
malnutrition.
    ``This action is taken because wheat needed for relief in this 
region cannot be programmed for such purpose in a timely manner under 
the normal means of obtaining commodities for food assistance due to 
circumstances of unanticipated and exceptional need.'' (Presidential 
Determination No. 94-36 of July 19, 1994; 59 F.R. 37153).
    \21\7 U.S.C. 1721.
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          (1) address famine or other urgent or extraordinary 
        relief requirements;
          (2) combat malnutrition, especially in children and 
        mothers;
          (3) carry out activities that attempt to alleviate 
        the causes of hunger, mortality and morbidity;
          (4) promote economic and community development;
          (5) promote sound environmental practices; and
          (6) carry out feeding programs.
Such program shall be implemented by the Administrator.

SEC. 202.\22\ PROVISION OF AGRICULTURAL COMMODITIES.

  (a) Emergency Assistance.--Notwithstanding any other 
provision of law, the Administrator may provide agricultural 
commodities to meet emergency food needs under this title 
through governments and public or private agencies, including 
intergovernmental organizations such as the World Food Program 
and other multilateral organizations, in such manner and on 
such terms and conditions as the Administrator determines 
appropriate to respond to the emergency.
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    \22\7 U.S.C. 1722.
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    (b)\23\ Nonemergency Assistance.--
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    \23\Sec. 207(a)(1) of Public Law 104-127 (110 Stat. 953) amended 
and restated subsec. (b). It formerly read as follows:
    ``(b) Non-Emergency Assistance.--The Administrator may provide 
agricultural commodities for non-emergency assistance under this title 
through eligible organizations (as described in subsection (d)) that 
have entered into an agreement with the Administrator to use such 
commodities in accordance with this title.''.
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          (1) In general.--The Administrator may provide 
        agricultural commodities for nonemergency assistance 
        under this title through eligible organizations (as 
        described in subsection (d)) that have entered into an 
        agreement with the Administrator to use the commodities 
        in accordance with this title.
          (2) Limitation.--The Administrator may not deny a 
        request for funds submitted under this subsection 
        because the program for which the funds are requested--
                  (A) would be carried out by the eligible 
                organization in a foreign country in which the 
                Agency for International Development does not 
                have a mission, office, or other presence; or
                  (B) is not part of a development plan for the 
                country prepared by the Agency.
  (c) Uses of Assistance.--Agricultural commodities provided 
under this title may be made available for direct distribution, 
sale, barter, or other appropriate disposition.
  (d) Eligible Organizations.--To be eligible to receive 
assistance under subsection (b) an organization shall be--
          (1) a private voluntary organization or cooperative 
        that is, to the extent practicable, registered with the 
        Administrator; or
          (2) an intergovernmental organization, such as the 
        World Food Program.
  (e)\24\ Support for Eligible Organizations.--
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    \24\Sec. 207(a)(2)(A) of Public Law 104-127 (110 Stat. 953) struck 
out ``Private Voluntary Organizations and Cooperatives'' from the 
subsec. catchline and inserted in lieu thereof ``Eligible 
Organizations''.
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          (1) In general.--Of the funds made available in each 
        fiscal year under this title to the Administrator, not 
        less than $10,000,000 and not more than $28,000,000\25\ 
        shall be made available in each fiscal year to eligible 
        organizations described in subsection (d), to assist 
        the organizations\26\ in--
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    \25\Sec. 207(a)(2)(B)(i) of Public Law 104-127 (110 Stat. 953) 
struck out ``$13,500,000'' and inserted in lieu thereof 
``$28,000,000''.
    \26\Sec. 207(a)(2)(B)(ii) of Public Law 104-127 (110 Stat. 954) 
struck out ``private voluntary organizations and cooperatives, to 
assist such organizations and cooperatives'' and inserted in lieu 
thereof ``eligible organizations described in subsection (d), to assist 
the organizations''.
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                  (A) establishing new programs under this 
                title; and
                  (B) meeting specific administrative, 
                management, personnel and internal 
                transportation and distribution costs for 
                carrying out programs in foreign countries 
                under this title.
          (2)\27\ Request for funds.--To receive funds made 
        available under paragraph (1), an eligible organization 
        described in subsection (d) shall submit a request for 
        the funds that is subject to approval by the 
        Administrator.
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    \27\Sec. 207(a)(2)(C) of Public Law 104-127 (110 Stat. 954) amended 
and restated para. (2). It formerly read as follows:
    ``(2) Request for funds.--In order to receive funds made available 
under paragraph (1), a private voluntary organization or cooperative 
must submit a request for such funds (which must be approved by the 
Administrator) when submitting a proposal to the Administrator for an 
agreement under this title. Such request for funds shall include a 
specific explanation of--
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          ``(A) the program costs to be offset by such funds;
          ``(B) the reason why such funds are needed in carrying out 
        the particular assistance program; and
          ``(C) the degree to which such funds will improve the 
        provision of food assistance to foreign countries (particularly 
        those in sub-Saharan Africa suffering from acute, long-term 
        food shortages).''.
          (3) Assistance with respect to sale.--Upon the 
        request of an eligible organization, the Administrator 
        may provide assistance to the eligible organization\28\ 
        with respect to the sale of agricultural commodities 
        made available to it under this title.
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    \28\Sec. 207(a)(2)(D) of Public Law 104-127 (110 Stat. 954) struck 
out ``a private voluntary organization or cooperative, the 
Administrator may provide assistance to that organization or 
cooperative'' and inserted in lieu thereof ``an eligible organization, 
the Administrator may provide assistance to the eligible 
organization''.
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  (f) Effective Use of Commodities.--To ensure that 
agricultural commodities made available under this title are 
used effectively and in the areas of greatest need, 
organizations or cooperatives through which such commodities 
are distributed shall--
          (1) to the extent feasible, work with indigenous 
        institutions and employ indigenous workers;
          (2) assess and take into account nutritional and 
        other needs of beneficiary groups;
          (3) help such beneficiary groups design and carry out 
        mutually acceptable projects;
          (4) recommend to the Administrator methods of making 
        assistance available that are the most appropriate for 
        each local setting;
          (5) supervise the distribution of commodities 
        provided and the implementation of programs carried out 
        under this title; and
          (6) periodically evaluate the effectiveness of 
        projects undertaken under this title.
  (g) Labeling.--Commodities provided under this title shall, 
to the extent practicable, be clearly identified with 
appropriate markings on the package or container of such 
commodity in the language of the locality in which such 
commodities are distributed, as being furnished by the people 
of the United States of America.

SEC. 203.\29\ GENERATION AND USE OF FOREIGN CURRENCIES BY PRIVATE 
                    VOLUNTARY ORGANIZATIONS AND COOPERATIVES.

  (a) Local Sale and Barter of Commodities.--An agreement 
entered into between the Administrator and a private voluntary 
organization or cooperative to provide food assistance through 
such organization or cooperative under this title may provide 
for the sale or barter in the recipient country, or in a 
country in the same region,\30\ of the commodities to be 
provided under such agreement.
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    \29\7 U.S.C. 1723.
    \30\Sec. 208(1) of Public Law 104-127 (110 Stat. 954) inserted ``, 
or in a country in the same region,'' after ``in the recipient 
country''.
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  (b) Minimum Level of Local Sales.--In carrying out agreements 
of the type referred to in subsection (a), the Administrator 
shall permit private voluntary organizations and cooperatives 
to sell, in recipient countries, or in countries in the same 
region,\31\ an amount of commodities equal to not less than 15 
percent\32\ of the aggregate amounts of all commodities 
distributed under non-emergency programs under this title for 
each fiscal year, to generate foreign currency proceeds to be 
used as provided in this section.
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    \31\Sec. 208(2)(A) of Public Law 104-127 (110 Stat. 954) inserted 
``or in countries in the same region,'' after ``in recipient 
countries,''.
    \32\Sec. 208(2)(B) of Public Law 104-127 (110 Stat. 954) struck out 
``10 percent'' and inserted in lieu thereof ``15 percent''.
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  (c) Description of Intended Uses.--A private voluntary 
organization or cooperative submitting a proposal to enter into 
a non-emergency food assistance agreement under this title 
shall include in such proposal a description of the intended 
uses of any foreign currency proceeds that may be generated 
through the sale, in the recipient country, or in a country in 
the same region,\33\ of any commodities provided under an 
agreement entered into between the Administrator and the 
organization or cooperative.
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    \33\Sec. 208(3) of Public Law 104-127 (110 Stat. 954) inserted ``or 
in a country in the same region,'' after ``in the recipient country,''.
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  (d) Use.--Foreign currencies generated from any partial or 
full sale or barter of commodities by a private voluntary 
organization or cooperative under a non-emergency food 
assistance agreement under this title may--
          (1) be used to transport, store, distribute, and 
        otherwise enhance the effectiveness of the use of 
        agricultural commodities provided under this title;
          (2) be used to implement income generating, community 
        development, health, nutrition, cooperative 
        development, agricultural, and other developmental 
        activities within the recipient country or within a 
        country in the same region;\34\ or
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    \34\Sec. 208(4) of Public Law 104-127 (110 Stat. 954) inserted ``or 
within a country in the same region'' after ``within the recipient 
country''.
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          (3) be invested and any interest earned on such 
        investment may be used for the purposes for which the 
        assistance was provided to that organization, without 
        further appropriation by Congress.

SEC. 204.\35\ LEVELS OF ASSISTANCE.

  (a) Minimum Levels.--
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    \35\7 U.S.C. 1724.
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          (1) Minimum assistance.--Except as provided in 
        paragraph (3), the Administrator shall make 
        agricultural commodities available for food 
        distribution under this title in an amount that for 
        each of fiscal years 1996 through 2002 is not less than 
        2,025,000 metric tons.\36\
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    \36\Sec. 209(1)(A) of Public Law 104-127 (110 Stat. 954) struck out 
metric ton minimum assistance amounts for fiscal years 1991 through 
1995, and inserted levels for fiscal years 1996 through 2002. Amounts 
for fiscal years 1991 through 1995 were: for fiscal year 1991, is not 
less than 1,925,000 metric tons; fiscal year 1992, is not less than 
1,950,000 metric tons; fiscal year 1993, is not less than 1,975,000 
metric tons; fiscal year 1994, is not less than 2,000,000 metric tons; 
and fiscal year 1995, is not less than 2,025,000 metric tons.
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          (2) Minimum non-emergency assistance.--Of the amounts 
        specified in paragraph (1), and except as provided in 
        paragraph (3), the Administrator shall make 
        agricultural commodities available for non-emergency 
        food distribution through eligible organizations under 
        section 202 in an amount that for each of fiscal years 
        1996 through 2002 is not less than 1,550,000 metric 
        tons.\37\
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    \37\Sec. 209(1)(B) of Public Law 104-127 (110 Stat. 954) struck out 
metric ton minimum non-emergency assistance amounts for fiscal years 
1991 through 1995, and inserted levels for fiscal years 1996 through 
2002. Amounts for fiscal years 1991 through 1995 were: for fiscal year 
1991, is not less than 1,450,000 metric tons; fiscal year 1992, is not 
less than 1,475,000 metric tons; fiscal year 1993, is not less than 
1,500,000 metric tons; fiscal year 1994, is not less than 1,525,000 
metric tons; and fiscal year 1995, is not less than 1,550,000 metric 
tons.
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          (3) Exception.--The Administrator may waive the 
        requirements of paragraphs (1) and (2) for any fiscal 
        year if the Administrator determines that such 
        quantities of commodities cannot be used effectively to 
        carry out this title or in order to meet an emergency. 
        In making a waiver under this paragraph, the 
        Administrator shall prepare and submit to the Committee 
        on Foreign Affairs\38\ and Committee on Agriculture of 
        the House of Representatives, and the Committee on 
        Agriculture, Nutrition, and Forestry of the Senate a 
        report containing the reasons for the waiver. No waiver 
        shall be made before the beginning of the applicable 
        fiscal year.\39\
---------------------------------------------------------------------------
    \38\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.
    \39\Sec. 209(1)(C) of Public Law 104-127 (110 Stat. 955) added the 
last sentence to para. (3).
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  (b) Use of Value-Added Commodities.--
          (1) Minimum levels.--Except as provided in paragraph 
        (2), in making agricultural commodities available under 
        this title, the Administrator shall ensure that not 
        less than 75 percent of the quantity of such 
        commodities required to be distributed during each 
        fiscal year under subsection (a)(2) be in the form of 
        processed, fortified, or bagged commodities and that 
        not less than 50 percent of the quantity of the bagged 
        commodities that are whole grain commodities be bagged 
        in the United States.\40\
---------------------------------------------------------------------------
    \40\Sec. 209(2) of Public Law 104-127 (110 Stat. 955) added ``and 
that not less than 50 percent of the quantity of the bagged commodities 
that are whole grain commodities be bagged in the United States'' at 
the end of the sentence.
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          (2) Waiver of minimum.--The Administrator may waive 
        the requirement of paragraph (1) for any fiscal year in 
        which the Administrator determines that the 
        requirements of the programs established under this 
        title will not be best served by the enforcement of 
        such requirement under such paragraph.

SEC. 205.\41\ FOOD AID CONSULTATIVE GROUP.

  (a) Establishment.--There is established a Food Aid 
Consultative Group (hereinafter referred to in this section as 
the ``Group'') that shall meet regularly to review and address 
issues concerning the effectiveness of the regulations and 
procedures that govern food assistance programs established and 
implemented under this title, and the implementation of other 
provisions of this title that may involve eligible 
organizations described in section 202(d)(1).\42\
---------------------------------------------------------------------------
    \41\7 U.S.C. 1725.
    \42\Sec. 210(1) of Public Law 104-127 (110 Stat. 955) struck out 
``private voluntary organizations, cooperatives and indigenous non-
governmental organizations'' and inserted in lieu thereof ``eligible 
organizations described in section 202(d)(1)''.
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  (b) Membership.--The Group shall be composed of--
          (1) the Administrator;
          (2) the Under Secretary of Agriculture for Farm and 
        Foreign Agricultural Service;\43\
---------------------------------------------------------------------------
    \43\Sec. 210(2)(A) of Public Law 104-127 (110 Stat. 955) struck out 
``for International Affairs and Commodity Programs'' and inserted in 
lieu thereof ``of Agriculture for Farm and Foreign Agricultural 
Service''.
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          (3) the Inspector General of the Agency for 
        International Development;
          (4) a representative of each private voluntary 
        organization and cooperative participating in a program 
        under this title, or receiving planning assistance 
        funds from the Agency to establish programs under this 
        title;\44\
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    \44\Sec. 210(2) of Public Law 104-127 (110 Stat. 955) struck out 
``and'' at the end of para. (4); struck out the period at the end of 
para. (5) and inserted instead ``; and''; and added a new para. (6).
---------------------------------------------------------------------------
          (5) representatives from African, Asian and Latin 
        American indigenous non-governmental organizations 
        determined appropriate by the Administrator; and\44\
          (6)\44\ representatives from agricultural producer 
        groups in the United States.
  (c) Chairperson.--The Administrator shall be the chairperson 
of the Group.
  (d) Consultations.--In preparing regulations, handbooks, or 
guidelines implementing this title, or significant revisions 
thereto, the Administrator shall provide such proposals to the 
Group for review and comment. The Administrator shall consult 
and, when appropriate (but at least twice per year),\45\ meet 
with the Group regarding such proposed regulations, handbooks, 
guidelines, or revisions thereto prior to the issuance of such.
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    \45\Sec. 210(3) of Public Law 104-127 9110 Stat. 955) added 
parenthetical text.
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  (e) Advisory Committee Act.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Group.
  (f) Termination.--The Group shall terminate on December 31, 
2002.\46\
---------------------------------------------------------------------------
    \46\Sec. 210(4) of Public Law 104-127 (110 Stat. 955) struck out 
``1995'' and inserted instead ``2002''.
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SEC. 206.\47\ MAXIMUM LEVEL OF EXPENDITURES.

  (a) Maximum Expenditures.--Except as provided in subsection 
(b), programs of assistance shall not be undertaken under this 
title during any fiscal year if such programs necessitate an 
appropriation of more than $1,000,000,000 to reimburse the 
Commodity Credit Corporation for all costs incurred in 
connection with such programs (including the Corporation's 
investment in commodities made available).
---------------------------------------------------------------------------
    \47\7 U.S.C. 1726.
---------------------------------------------------------------------------
  (b) Waiver by President.--The President may waive the 
limitation contained in subsection (a) if the President 
determines that such waiver is necessary to undertake programs 
of assistance to meet urgent humanitarian or emergency needs.

SEC. 207.\48\ ADMINISTRATION.

  (a) Proposals.--
---------------------------------------------------------------------------
    \48\7 U.S.C. 1726a.
---------------------------------------------------------------------------
          (1) Time for decision.--Not later than 45 days after 
        the receipt by the Administrator of a proposal 
        submitted--
                  (A) by an eligible organization,\49\ with the 
                concurrence of the appropriate United States 
                field mission, for commodities; or
---------------------------------------------------------------------------
    \49\Sec. 207(b)(1) of Public Law 104-127 (110 Stat. 954) struck out 
``a private voluntary organization or cooperative'' and inserted in 
lieu thereof ``an eligible organization''.
---------------------------------------------------------------------------
                  (B) by a United States field mission to make 
                commodities available to an eligible 
                organization;\49\
        under this title, the Administrator shall make a 
        decision concerning such proposal.
          (2) Denial.--If a proposal under paragraph (1) is 
        denied, the response shall specify the reasons for 
        denial and the conditions that must be met for the 
        approval of such proposal.
  (b) Notice and Comment.--Not later than 30 days prior to the 
issuance of a final guideline to carry out this title, the 
Administrator shall--
          (1) provide notice of the existence of a proposed 
        guideline, and that such guideline is available for 
        review and comment, to eligible organizations\50\ that 
        participate in programs under this title, and to other 
        interested persons;
---------------------------------------------------------------------------
    \50\Sec. 207(b)(2)(A) of Public Law 104-127 (110 Stat. 954) struck 
out ``private voluntary organizations and cooperatives'' and inserted 
in lieu thereof ``eligible organizations''.
---------------------------------------------------------------------------
          (2) make the proposed guideline available, on 
        request, to the eligible organizations,\51\ and other 
        persons referred to in paragraph (1); and
---------------------------------------------------------------------------
    \51\Sec. 207(b)(2)(B) of Public Law 104-127 (110 Stat. 954) struck 
out ``organizations, cooperatives'' and inserted in lieu thereof 
``eligible organizations''.
---------------------------------------------------------------------------
          (3) take any comments received into consideration 
        prior to the issuance of the final guideline.
  (c) Regulations.--
          (1) In general.--The Administrator shall promptly 
        issue all necessary regulations and make revisions to 
        agency guidelines with respect to changes in the 
        operation or implementation of the program established 
        under this title.
          (2) Requirements.--The Administrator shall develop 
        regulations with the intent of--
                  (A) simplifying procedures for participation 
                in the programs established under this title;
                  (B) reducing paperwork requirements under 
                such programs;
                  (C) establishing reasonable and realistic 
                accountability standards to be applied to 
                eligible organizations participating in the 
                programs established under this title, taking 
                into consideration the problems associated with 
                carrying out programs in developing countries; 
                and
                  (D) providing flexibility for carrying out 
                programs under this title.
          (3) Handbooks.--Handbooks developed by the 
        Administrator to assist in carrying out the program 
        under this title shall be designed to foster the 
        development of programs under this title by eligible 
        organizations.
  (d) Deadline for Submission of Commodity Orders.--Not later 
than 15 days after receipt from a United States field mission 
of a call forward for agricultural commodities for programs 
that meet the requirements of this title, the order for the 
purchase or the supply, from inventory, of such commodities or 
products shall be transmitted to the Commodity Credit 
Corporation.

                    TITLE III--FOOD FOR DEVELOPMENT

SEC. 301.\52\ BILATERAL GRANT PROGRAM.

  (a) In General.--The President shall establish a program 
under which agricultural commodities are donated in accordance 
with this title to least developed countries. The revenue 
generated by the sale of such commodities in the recipient 
country may be utilized for economic development activities. 
Such program shall be implemented by the Administrator.
---------------------------------------------------------------------------
    \52\7 U.S.C. 1727.
---------------------------------------------------------------------------
  (b) General Authority.--To carry out the policies and 
accomplish the objectives described in section 2, the 
Administrator may negotiate and execute agreements with least 
developed countries to provide commodities to such countries on 
a grant basis.

SEC. 302.\53\ ELIGIBLE COUNTRIES.

  (a) Least Developed Countries.--A country shall be considered 
to be a least developed country and eligible for the donation 
of agricultural commodities under this title if--
---------------------------------------------------------------------------
    \53\7 U.S.C. 1727a.
---------------------------------------------------------------------------
          (1) such country meets the poverty criteria 
        established by the International Bank for 
        Reconstruction and Development for Civil Works 
        Preference for providing financial assistance; or
          (2) such country is a food deficit country and is 
        characterized by high levels of malnutrition among 
        significant numbers of its population, as determined by 
        the Administrator under subsection (b).
  (b) Indicators of Food Deficit Countries.--To make a finding 
under subsection (a)(2) that a country is a food deficit 
country and is characterized by high levels of malnutrition, 
the Administrator must determine that the country meets all of 
the following indicators of national food deficit and 
malnutrition:
          (1) Calorie consumption.--That the daily per capita 
        calorie consumption of the country is less than 2300 
        calories.
          (2) Food security requirements.--That the country 
        cannot meet its food security requirements through 
        domestic production or imports due to a shortage of 
        foreign exchange earnings.
          (3) Child mortality rate.--That the mortality rate of 
        children under 5 years of age in the country is in 
        excess of 100 per 1000 births.
  (c) Priority.--In determining whether and to what extent 
agricultural commodities shall be made available to least 
developed countries under this title, the Administrator shall 
give priority to countries that--
          (1) demonstrate the greatest need for food;
          (2) demonstrate the capacity to use food assistance 
        effectively;
          (3) have demonstrated a commitment to policies to 
        promote food security, including policies to reduce 
        measurably hunger and malnutrition through efforts such 
        as establishing and institutionalizing supplemental 
        nutrition programs targeted to reach those who are 
        nutritionally at risk; and
          (4) have a long-term plan for broad-based, equitable, 
        and sustainable development.

SEC. 303.\54\ GRANT PROGRAMS.

  To carry out the policies and accomplish the objectives 
described in section 2, the Administrator may negotiate and 
execute agreements with least developed countries to provide 
commodities to such countries on a grant basis either through 
the Commodity Credit Corporation or through private trade 
channels.
---------------------------------------------------------------------------
    \54\7 U.S.C. 1727b.
---------------------------------------------------------------------------

SEC. 304.\55\ DIRECT USES OR SALES OF COMMODITIES.

  Agricultural commodities provided to a least developed 
country under this section--
---------------------------------------------------------------------------
    \55\7 U.S.C. 1727c.
---------------------------------------------------------------------------
          (1) may be used in such country for--
                  (A) direct feeding programs, including 
                programs that include activities that deal 
                directly with the special health needs of 
                children and mothers consistent with section 
                104(c)(2) of the Foreign Assistance Act of 1961 
                (22 U.S.C. 2151b(c)(2)), relating to the Child 
                Survival Fund; or
                  (B) the development of emergency food 
                reserves; or
          (2) may be sold in such country by the government of 
        the country or the Administrator (or their designees) 
        as provided in the agreement, and the proceeds of such 
        sale used in accordance with this title.

SEC. 305.\56\ LOCAL CURRENCY ACCOUNTS.

  (a) Retention of Proceeds.--To the extent determined to be 
appropriate by the Administrator, revenues generated from the 
sale, under section 304(2), of agricultural commodities 
provided under this title shall be deposited into a separate 
account (that may be interest bearing) in the recipient country 
to be disbursed for the benefit of such country in accordance 
with local currency agreements entered into between the 
recipient country and the Administrator. The Administrator may 
determine not to deposit such revenues in a separate account 
if--
---------------------------------------------------------------------------
    \56\7 U.S.C. 1727d.
---------------------------------------------------------------------------
          (1) local currencies are to be programmed for 
        specific economic development purposes listed in 
        section 306(a); and
          (2) the recipient country programs an equivalent 
        amount of money for such purposes as specified in an 
        agreement entered into by the Administrator and the 
        recipient country.
  (b) Ownership and Programming of Accounts.--The proceeds of 
sales pursuant to section 304(2) shall be the property of the 
recipient country or the United States, as specified in the 
applicable agreement. Such proceeds shall be utilized for the 
benefit of the recipient country, shall be jointly programmed 
by the Administrator and the government of the recipient 
country, and shall be disbursed for the benefit of such country 
in accordance with local currency agreements between the 
Administrator and that government.
  (c) Overall Development Strategy.--The Administrator shall 
consider the local currency proceeds as an integral part of the 
overall development strategy of the Agency for International 
Development and the recipient country.

SEC. 306.\57\ USE OF LOCAL CURRENCY PROCEEDS.

  (a) In General.--The local currency proceeds of sales 
pursuant to section 304(2) shall be used in the recipient 
country for specific economic development purposes, including--
---------------------------------------------------------------------------
    \57\7 U.S.C. 1727e.
---------------------------------------------------------------------------
          (1) the promotion of specific policy reforms to 
        improve food security and agricultural development 
        within the country and to promote broad-based, 
        equitable, and sustainable development;
          (2) the establishment of development programs, 
        projects, and activities that promote food security, 
        alleviate hunger, improve nutrition, and promote family 
        planning, maternal and child health care, oral 
        rehydration therapy, and other child survival 
        objectives consistent with section 104(c)(2) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)(2)), 
        relating to the Child Survival Fund;
          (3) the promotion of increased access to food 
        supplies through the encouragement of specific policies 
        and programs designed to increase employment and 
        incomes within the country;
          (4) the promotion of free and open markets through 
        specific policies and programs;
          (5) support for United States private voluntary 
        organizations and cooperatives and encouragement of the 
        development and utilization of indigenous 
        nongovernmental organizations;
          (6) the purchase of agricultural commodities 
        (including transportation and processing costs) 
        produced in the country--
                  (A) to meet urgent or extraordinary relief 
                requirements in the country or in neighboring 
                countries; or
                  (B) to develop emergency food reserves;
          (7) the purchase of goods and services (other than 
        agricultural commodities and related services) to meet 
        urgent or extraordinary relief requirements;
          (8) the payment, to the extent practicable, of the 
        costs of carrying out the program authorized in title 
        V;
          (9) private sector development activities designed to 
        further the policies set forth in section 2, including 
        loans to financial intermediaries for use in making 
        loans to private individuals, cooperatives, 
        corporations, or other entities;
          (10) activities of the Peace Corps that relate to 
        agricultural production;
          (11) the development of rural infrastructure such as 
        roads, irrigation systems, and electrification to 
        enhance agricultural production;
          (12) research on malnutrition and its causes, as well 
        as research relating to the identification and 
        application of policies and strategies for targeting 
        resources made available under this section to address 
        the problem of malnutrition; and
          (13) support for research (including collaborative 
        research which is mutually beneficial to the United 
        States and the recipient country), education, and 
        extension activities in agricultural sciences.
Section 1306 of title 31, United States Code, shall not apply 
to the use under this subsection of local currency proceeds 
that are owned by the United States.
  (b)\58\ Support of Non-Governmental Organizations.--To the 
extent practicable, not less than 10 percent of the amounts 
contained in an account established for a recipient country 
under section 305(a) shall be used by such country to support 
the development and utilization of\59\ nongovernmental 
organizations and cooperatives that are active in rural 
development, agricultural education, sustainable agricultural 
production, other measures to assist poor people, and 
environmental protection projects within such country.
---------------------------------------------------------------------------
    \58\Sec. 211(a)(1) of Public Law 104-127 (110 Stat. 955) struck out 
``Indigenous'' before ``Non-Governmental'' in the subsec. heading.
    \59\Sec. 211(a)(2) of Public Law 104-127 (110 Stat. 955) struck out 
``indigenous'' before ``nongovernmental organizations''.
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  (c) Investment of Local Currencies by Nongovernmental 
Organizations.--A nongovernmental organization may invest local 
currencies that accrue to that organization as a result of 
assistance under subsection (a), and any interest earned on 
such investment may be used for the purpose for which the 
assistance was provided to that organization without further 
appropriation by the Congress.
  (d) Support for Certain Educational Institutions.--If the 
Administrator determines that local currencies deposited in a 
special account pursuant to this title are not needed for any 
of the activities prescribed in paragraphs (1) through (13) of 
subsection (a) or for any other specific economic development 
purpose in the recipient country, the Administrator may use 
those currencies to provide support for any institution (other 
than an institution whose primary purpose is to provide 
religious education) located in the recipient country that 
provides education in agricultural sciences or other 
disciplines for a significant number of United States nationals 
(who may include members of the United States Armed Forces or 
the Foreign Service or dependents of such members).

             TITLE IV--GENERAL AUTHORITIES AND REQUIREMENTS

SEC. 401.\60\ COMMODITY DETERMINATIONS.

    (a) Availability of Commodities.--No agricultural commodity 
shall be available for disposition under this Act if the 
Secretary determines that the disposition would reduce the 
domestic supply of the commodity below the supply needed to 
meet domestic requirements and provide adequate carryover (as 
determined by the Secretary), unless the Secretary determines 
that some part of the supply should be used to carry out urgent 
humanitarian purposes under this Act.
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    \60\7 U.S.C. 1731. Sec. 212 of Public Law 104-127 (110 Stat. 955) 
amended and restated subsec. (a), struck out subsecs. (b) through (d), 
and redesignated subsecs. (e) and (f) as subsecs. (b) and (c). Former 
subsections (b) through (d) read as follows:
    ``(a) Available Commodities.--After consulting with other agencies 
of the Federal Government affected and within policies established by 
the President for implementing this Act, and after taking into 
consideration productive capacity, domestic requirements, farm and 
consumer price levels, commercial exports, and adequate carryover, the 
Secretary shall determine, prior to the beginning of each fiscal year, 
the agricultural commodities and quantities thereof available for 
disposition under this Act.
    ``(b) Modification.--The Secretary may, during the fiscal year, 
modify a determination made under subsection (a) if the Secretary 
provides to the Congress prior notice of that modification (including a 
statement of the reasons for the modification).
    ``(c) Commodities Not Available.--No commodity shall be available 
for disposition under this Act if such disposition would reduce the 
domestic supply of such commodity below that needed to meet domestic 
requirements, adequate carryover, and anticipated exports for dollars 
as determined by the Secretary, unless the Secretary determines that 
some part of the supply should be used to carry out urgent humanitarian 
purposes under this Act.
    ``(d) Policies for Implementing Act.--The Secretary shall, to the 
extent practicable, seek to maintain a stable level of available 
agricultural commodities under this Act of the kind and type needed to 
provide food assistance to developing countries and should attempt to 
make such commodities available to the degree necessary to fulfill 
multi-year agreements entered into under this Act.''.
---------------------------------------------------------------------------
  (b)\60\ Ineligible Commodities.--
          (1) Alcoholic beverages.--Alcoholic beverages shall 
        not be made available for disposition under this Act.
          (2) Tobacco.--Tobacco or the products thereof shall 
        not be made available under section 303 or title II of 
        this Act.
  (c)\60\ Market Development Activities.--Subsection (b)(1)\61\ 
shall not be construed to prohibit representatives of the 
United States wine, beer, distilled spirits, or other alcoholic 
beverage industry from participating in agricultural market 
development activities carried out by the Secretary with 
foreign currencies made available under title I of this Act.
---------------------------------------------------------------------------
    \61\Sec. 212(3) of Public Law 104-127 (110 Stat. 956) struck out 
``(e)(1)'' and inserted in lieu thereof ``(b)(1)''.
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SEC. 402.\62\ DEFINITIONS.

  As used in this Act:
---------------------------------------------------------------------------
    \62\7 U.S.C. 1732.
---------------------------------------------------------------------------
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Agency for International 
        Development, unless otherwise specified in this Act.
          (2) Agricultural commodity.--The term ``agricultural 
        commodity'', unless otherwise provided for in this Act, 
        includes any agricultural commodity or the products 
        thereof produced in the United States, including wood 
        and processed wood products, fish, and livestock as 
        well as value-added, fortified, or high-value 
        agricultural products. Effective beginning on October 
        1, 1991, for purposes of title II, a product of an 
        agricultural commodity shall not be considered to be 
        produced in the United States if it contains any 
        ingredient that is not produced in the United States, 
        if that ingredient is produced and is commercially 
        available in the United States at fair and reasonable 
        prices.
          (3) Cooperative.--The term ``cooperative'' means a 
        private sector organization whose members own and 
        control the organization and share in its services and 
        its profits and that provides business services and 
        outreach in cooperative development for its membership.
          (4) Developing country.--The term ``developing 
        country'' means a country that has a shortage of 
        foreign exchange earnings and has difficulty meeting 
        all of its food needs through commercial channels.
          (5) Food security.--The term ``food security'' means 
        access by all people at all times to sufficient food 
        and nutrition for a healthy and productive life.
          (6)\63\ Nongovernmental organization.--The term 
        ``nongovernmental organization'' means an organization 
        that works at the local level to solve development 
        problems in a foreign country in which the organization 
        is located, except that the term does not include an 
        organization that is primarily an agency or 
        instrumentality of the government of the foreign 
        country.
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    \63\Sec. 211(b) of Public Law 104-127 (110 Stat. 955) amended and 
restated para. (6). It formerly read as follows:
    ``(6) Indigenous nongovernmental organization.--The term 
`indigenous nongovernmental organization' means an organization that 
operates under the laws of the recipient country, or that has its 
principal place of activity in such country, and that works at the 
local level to solve development problems in the foreign country in 
which it is located, except that the term does not include an 
organization that is primarily an agent or instrumentality of the 
foreign government.''.
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          (7) Private voluntary organization.--The term 
        ``private voluntary organization'' means a not-for-
        profit, nongovernmental organization (in the case of a 
        United States organization, an organization that is 
        exempt from Federal income taxes under section 
        501(c)(3) of the Internal Revenue Code of 1986) that 
        receives funds from private sources, voluntary 
        contributions of money, staff time, or in-kind support 
        from the public, and that is engaged in or is planning 
        to engage in voluntary, charitable, or development 
        assistance activities (other than religious 
        activities).
          (8) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture, unless otherwise specified in 
        this Act.

SEC. 403.\64\ GENERAL PROVISIONS.

  (a) Prohibition.--No agricultural commodity shall be made 
available under this Act unless it is determined that--
---------------------------------------------------------------------------
    \64\7 U.S.C. 1733.
---------------------------------------------------------------------------
          (1) adequate storage facilities will be available in 
        the recipient country at the time of the arrival of the 
        commodity to prevent the spoilage or waste of the 
        commodity; and
          (2) the distribution of the commodity in the 
        recipient country will not result in a substantial 
        disincentive to or interference with domestic 
        production or marketing in that country.
  (b)\65\ Impact on Local Farmers and Economy.--The Secretary 
or the Administrator, as appropriate, shall\66\ ensure that the 
importation of United States agricultural commodities and the 
use of local currencies for development purposes will not have 
a disruptive impact on the farmers or the local economy of the 
recipient country.
---------------------------------------------------------------------------
    \65\Sec. 213(1)(A) of Public Law 104-127 (110 Stat. 956) struck out 
the subsec. heading ``Consultations'' and inserted in lieu thereof 
``Impact on Local Farmers and Economy''.
    \66\Sec. 213(1)(B) of Public Law 104-127 (110 Stat. 956) struck out 
``consult with representatives from the International Monetary Fund, 
the International Bank for Reconstruction and Development, the World 
Bank, and other donor organizations to'' after ``shall''.
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  (c) Transshipment.--The Secretary or the Administrator, as 
appropriate, shall, under such terms and conditions as are 
determined to be appropriate, require commitments\67\ designed 
to prevent or restrict the resale or transshipment to other 
countries, or use\68\ for other than domestic purposes, of 
agricultural commodities donated or purchased under this Act.
---------------------------------------------------------------------------
    \67\Sec. 213(2)(A) of Public Law 104-127 (110 Stat. 956) struck out 
``from countries'' after ``commitments''.
    \68\Sec. 213(2)(B) of Public Law 104-127 (110 Stat. 956) struck out 
``for use'' and inserted instead ``or use''.
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  (d) Private Trade Channels and Small Business.--Private trade 
channels shall be used under this Act to the maximum extent 
practicable in the United States and in the recipient countries 
with respect to--
          (1) sales from privately owned stocks;
          (2) sales from stocks owned by the Commodity Credit 
        Corporation; and
          (3) donations.
Small businesses shall be provided adequate and fair 
opportunity to participate in such sales.
  (e) World Prices.--In carrying out this Act, reasonable 
precautions shall be taken to assure that sales or donations of 
agricultural commodities will not unduly disrupt world prices 
for agricultural commodities or normal patterns of commercial 
trade with foreign countries.
   (f) Publicity.--Commitments shall be obtained from countries 
or private entities, as appropriate,\69\ receiving commodities 
under this Act that such countries or private entities\70\ will 
widely publicize, to the extent practicable, through the use of 
the public media and through other means, that such commodities 
are being provided through the friendship of the American 
people as food for peace.
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    \69\Sec. 213(3)(A) of Public Law 104-127 (110 Stat. 956) inserted 
``or private entities, as appropriate'' after ``from countries''.
    \70\Sec. 213(3)(B) of Public Law 104-127 (110 Stat. 956) inserted 
``or private entities'' after ``such countries''.
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  (g) Participation of Private Sector.--The Secretary or the 
Administrator, as appropriate, shall encourage the private 
sector of the United States and private importers in developing 
countries to participate in the programs established under this 
Act.
  (h) Safeguard Usual Marketings.--In carrying out this Act, 
reasonable precautions shall be taken to safeguard the usual 
marketings of the United States and to avoid displacing any 
sales of the United States agricultural commodities that the 
Secretary or Administrator determines would otherwise be made.
  (i) Military Distribution of Food Aid.--
          (1) In general.--The Secretary or the Administrator, 
        as appropriate, shall attempt to ensure that 
        agricultural commodities made available under this Act 
        will be provided without regard to the political 
        affiliation, geographic location, ethnic, tribal, or 
        religious identity of the recipient or without regard 
        to other extraneous factors.
          (2)\71\ Prohibition on handling of commodities by the 
        military.--
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    \71\Sec. 213(4) of Public Law 104-127 (110 Stat. 956) struck out 
subpara. (C), which had required the Secretary or Administrator to 
report to Congress within 30 days of an authorization under subpara. 
(B).
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                  (A) In general.--Except as provided in 
                subparagraph (B), the Secretary or the 
                Administrator, as appropriate, shall not enter 
                into an agreement under this Act to provide 
                agricultural commodities if such agreement 
                requires or permits the distribution, handling, 
                or allocation of such commodities by the 
                military forces of any government or insurgent 
                group.
                  (B) Exception.--Notwithstanding subparagraph 
                (A), the Secretary or the Administrator, as 
                appropriate, may authorize the handling or 
                distribution of commodities by the military 
                forces of a country in exceptional 
                circumstances in which--
                          (i) nonmilitary channels are not 
                        available for such handling or 
                        distribution;
                          (ii) such action is consistent with 
                        the requirements of paragraph (1); and
                          (iii) the Secretary or the 
                        Administrator, as appropriate, 
                        determines that such action is 
                        necessary to meet the emergency health, 
                        safety, or nutritional requirements of 
                        the recipient population.
          (3) Encouragement of safe passage.--When entering 
        into agreements under this Act that involve areas 
        within recipient countries that are experiencing 
        protracted warfare or civil strife, the Secretary or 
        the Administrator, as appropriate, shall, to the extent 
        practicable, encourage all parties to the conflict to 
        permit safe passage of the commodities and other relief 
        supplies and to establish safe zones for medical and 
        humanitarian treatment and evacuation of injured 
        persons.
  (j)\72\ Violations of Human Rights.--
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    \72\Sec. 4(b) of Executive Order No. 12752 of February 25, 1991 (56 
F.R. 8255; February 27, 1991) (redesignated as sec. 4(a) by Executive 
Order 13044 of April 18, 1997), delegated to the Secretary of State the 
function conferred to the President in sec. 403(j).
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          (1) Ineligible countries.--The Secretary or the 
        Administrator, as appropriate, shall not enter into any 
        agreement under this Act to provide agricultural 
        commodities, or to finance the sale of agricultural 
        commodities, to the government of any country 
        determined by the President to engage in a consistent 
        pattern of gross violations of internationally 
        recognized human rights, including--
                  (A) the torture or cruel, inhuman, or 
                degrading treatment or punishment of 
                individuals;
                  (B) the prolonged detention of individuals 
                without charges;
                  (C) the responsibility for causing the 
                disappearance of individuals through the 
                abduction and clandestine detention of such 
                individuals; or
                  (D) other flagrant denials of the right to 
                life, liberty, and the security of persons.
          (2) Waiver.--Paragraph (1) shall not prohibit the 
        provision of assistance to such a country if the 
        assistance is targeted to the most needy people in such 
        country and is made available in such country through 
        channels other than the government.
  (k) Abortion Prohibition.--Local currencies that are made 
available for use under this Act may not 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.

SEC. 404.\73\ AGREEMENTS.

  (a) In General.--Before entering into agreements with foreign 
countries\74\ under titles I and III for the provision of 
commodities, the Secretary or the Administrator, as 
appropriate, shall consider the extent to which the recipient 
country is undertaking measures for economic development 
purposes in order to improve food security and agricultural 
development, alleviate poverty, and promote broad-based, 
equitable, and sustainable development.
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    \73\7 U.S.C. 1734.
    \74\Sec. 214(1) of Public Law 104-127 (110 Stat. 956) inserted 
``with foreign countries'' after ``into agreements''.
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  (b) Terms of Agreement.--An agreement entered into under this 
Act shall--
          (1) include an estimate of the annual value or volume 
        of agricultural commodities proposed to be made 
        available to the country or eligible organization under 
        the agreement;
          (2) with respect to agreements entered into with 
        foreign countries\75\ under titles I and III, include a 
        statement of the manner in which the agricultural 
        commodities provided under the agreement or the 
        revenues generated by the sale of such commodities (if 
        such commodities are sold), will be integrated into the 
        overall development plans of the country to improve 
        food security and agricultural development, alleviate 
        poverty, and promote broad-based, equitable, and 
        sustainable agriculture and broad-based economic 
        growth;\76\
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    \75\Sec. 214(2)(A) of Public Law 104-127 (110 Stat. 956) inserted 
``with foreign countries'' after ``agreements entered into''.
    \76\Sec. 214(2)(B) of Public Law 104-127 (110 Stat. 956) inserted 
``and broad-based economic growth'' before the semicolon.
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          (3) with respect to agreements entered into under 
        titles I and III, include a statement of the manner in 
        which competitive private sector participation within 
        the recipient country in the storage, marketing, 
        transportation, and distribution of agricultural 
        commodities made available under this Act will be 
        encouraged;
          (4) include a statement that such agreement shall be 
        subject to the availability, during each fiscal year to 
        which the agreement applies, of the necessary 
        appropriations and agricultural commodities; and
          (5) contain such other terms and conditions as the 
        Secretary or the Administrator, as appropriate, 
        determines to be necessary.
  (c) Multi-year Agreements.--
          (1)\77\ In general.--Agreements to provide assistance 
        on a multi-year basis to recipient countries or to 
        eligible organizations--
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    \77\Sec. 214(3) of Public Law 104-127 (110 Stat. 956) amended and 
restated para. (1), which formerly read as follow:
    ``(1) In general.--Agreements to provide assistance on a multi-year 
basis under this Act shall be made available to recipient countries or 
to eligible organizations.''.
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                  (A) may be made available under titles I and 
                III; and
                  (B) shall be made available under title II.
          (2) Exception.--The Secretary or the Administrator, 
        as appropriate, may determine not to make assistance 
        available on a multi-year basis with respect to a 
        recipient country or an eligible organization if it is 
        determined that assistance should be provided to such 
        country or through such organization only on an annual 
        basis because--
                  (A) the past performance of the country or 
                organization in meeting program objectives does 
                not warrant a multi-year agreement;
                  (B) it is anticipated that the need of the 
                country or organization for food aid does not 
                extend beyond 1 year; or
                  (C) other circumstances, as determined by the 
                Secretary or the Administrator, as appropriate, 
                indicate there is only a need for a 1 year 
                agreement.
  (d) Review of Agreements.--The Secretary or the 
Administrator, as appropriate, may make a determination to 
terminate, or refuse to enter into, a multi-year agreement with 
respect to a recipient country if the Secretary or the 
Administrator determines that such country is not fulfilling 
the objectives or requirements of this Act. In making such a 
determination, the Secretary or the Administrator, as 
appropriate, may consider the extent to which the country is--
          (1) making significant economic development reforms;
          (2) promoting free and open markets for food and 
        agricultural producers; and
          (3) fostering increased food security.

SEC. 405.\78\ CONSULTATION.

  The Secretary and the Administrator shall cooperate and 
consult in the implementation of this Act.
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    \78\7 U.S.C. 1735.
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SEC. 406.\79\ USE OF COMMODITY CREDIT CORPORATION.

  (a) In General.--The Commodity Credit Corporation may\80\ 
acquire and make available such agricultural commodities (that 
have been determined to be available under section 401(a)) as 
necessary to carry out agreements under this Act.
---------------------------------------------------------------------------
    \79\7 U.S.C. 1736.
    \80\Sec. 215(1) of Public Law 104-127 (110 Stat. 956) struck out 
``shall'' and inserted in lieu thereof ``may''.
---------------------------------------------------------------------------
  (b) Included Expenses.--With respect to commodities made 
available under titles II and III,\81\ the Commodity Credit 
Corporation may pay--
---------------------------------------------------------------------------
    \81\Sec. 215(2)(A) of Public Law 104-127 (110 Stat. 956) struck out 
``this Act'' and inserted in lieu thereof ``titles II and III''.
---------------------------------------------------------------------------
          (1) the cost of acquiring such commodities;
          (2) the costs associated with packaging, enrichment, 
        preservation, and fortification of such commodities;
          (3) the processing, transportation, handling, and 
        other incidental costs up to the time of the delivery 
        of such commodities free on board vessels in United 
        States ports;
          (4)\82\ the vessel freight charges from United States 
        ports or designated Canadian transshipment ports, as 
        determined by the Secretary, to designated ports of 
        entry abroad;
---------------------------------------------------------------------------
    \82\Sec. 215(2)(B) of public Law 104-127 (110 Stat. 956) struck out 
and restated para. (4). It formerly read as follows:
    ``(4) the ocean freight charges from United States ports to 
designated ports of entry abroad;''.
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          (5) the costs associated with transporting such 
        commodities from United States ports to designated 
        points of entry abroad in the case--
                  (A) of landlocked countries;
                  (B) of ports that cannot be used effectively 
                because of natural or other disturbances;
                  (C) of the unavailability of carriers to a 
                specific country; or
                  (D) of substantial savings in costs or 
                time\83\ that may be effected by the 
                utilization of points of entry other than 
                ports;
---------------------------------------------------------------------------
    \83\Sec. 323 of Public Law 102-237 (105 Stat. 1857) struck out 
``items'' and inserted in lieu thereof ``time''.
---------------------------------------------------------------------------
          (6) in the case of commodities for urgent and 
        extraordinary relief requirements (including pre-
        positioned commodities) the transportation costs 
        incurred in moving the commodities from designated 
        points of entry or ports of entry abroad to storage and 
        distribution sites and associated storage and 
        distribution costs; and
          (7) the charges for general average contributions 
        arising out of the ocean transport of commodities 
        transferred pursuant thereto.
  (c) Commodity Credit Corporation.--The funds, facilities, and 
authorities of the Commodity Credit Corporation may be used to 
carry out this Act.

SEC. 407.\84\,\85\ ADMINISTRATIVE PROVISIONS.

  (a) Title I Programs.--
---------------------------------------------------------------------------
    \84\7 U.S.C. 1736a.
    \85\Sec. 1011(e) of Public Law 104-66 (109 Stat. 709) struck out 
subsec. (b) of this section, which had required that fees paid to 
agents of an importing country by suppliers otherwise financed by the 
Commodity Credit Corporation under title I shall be reported to the 
Secretary by the suppliers. The amendment also redesignated subsecs. 
(c) through (h) as subsecs. (b) through (g). Subsec. (g) was struck out 
by sec. 216(5) of Public Law 104-127 (110 Stat. 957). The amendment was 
made to subsec. (h), but is probably intended for subsec. (g) as 
redesignated by Public Law 104-66, and is incorporated as such an 
amendment. Subsec. (g) had required that the President report annually 
to Congress on progress toward food security in each country receiving 
U.S. Government food assistance.
---------------------------------------------------------------------------
          (1) Acquisitions.--The importing country or private 
        entity that enters into an agreement under title I\86\ 
        shall acquire the agricultural commodities to be 
        financed under title I.
---------------------------------------------------------------------------
    \86\Sec. 216(1)(A) of Public Law 104-127 (110 Stat. 957) inserted 
``or private entity that enters into an agreement under title I'' after 
``importing country''.
---------------------------------------------------------------------------
          (2) Invitation for bid.--No purchase of agricultural 
        commodities from private stock or purchase of ocean 
        transportation shall be financed under title I unless 
        such purchases are made on the basis of an invitation 
        for bid that is publicly advertised in the United 
        States, and on the basis of bid offerings that shall 
        conform to such invitation and be received and publicly 
        opened in the United States. All awards in the purchase 
        of commodities or ocean transportation financed under 
        title I shall be considered with open, competitive, and 
        responsive bid procedures, as determined appropriate by 
        the Secretary. Resulting contracts may contain such 
        terms and conditions as the Secretary determines are 
        necessary and appropriate.\87\
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    \87\Sec. 216(A)(2) of Public Law 104-127 (110 Stat. 957) added the 
last sentence.
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  (b)\85\ Agents.--
          (1) Authority of the Secretary or Commodity Credit 
        Corporation.--
                  (A) General rule.--Except as provided in 
                subparagraph (B), if it is determined 
                appropriate, the Secretary or the Commodity 
                Credit Corporation may serve as the purchasing 
                or shipping agent, or both, for the importer 
                or\88\ importing country in arranging the 
                purchase or shipping of commodities financed 
                under title I.\89\
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    \88\Sec. 216(2)(A) of Public Law 104-127 (110 Stat. 957) inserted 
``importer or'' before ``importing country''. The amendment was made to 
subsec. (c), but is probably intended for subsec. (b) as redesignated 
by Public Law 104-66, and is incorporated as such an amendment.
    \89\Sec. 324 of Public Law 102-237 (105 Stat. 1857) struck out 
``this section'' and inserted in lieu thereof ``title I''.
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                  (B) Exception.--Notwithstanding subparagraph 
                (A), the Secretary or the Commodity Credit 
                Corporation may award, under a competitive 
                bidding process, contracts for establishing 
                freight agents who shall act on behalf of the 
                Secretary or the Corporation to handle the 
                shipping of commodities financed under this 
                Act.
                  (C) Avoidance of conflict of interest of 
                contractors.--Freight agents employed by the 
                Secretary or the Commodity Credit Corporation 
                under title I shall not represent any\90\ 
                foreign government during the period of their 
                contract with the United States Government.
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    \90\Sec. 325 of Public Law 102-237 (105 Stat. 1857) struck out 
``other''.
---------------------------------------------------------------------------
          (2) Reasonable fees and commissions.--
                  (A) Fees.--Notwithstanding any other 
                provision of law, the Secretary or the 
                Commodity Credit Corporation may enter into an 
                agreement with the importer or\91\ importing 
                country that contains the terms and conditions 
                that will govern the provision of purchasing or 
                shipping agent services by the Secretary or the 
                Corporation, including the establishment of 
                fees for such services. Any such fees shall be 
                fair and reasonable in relation to the services 
                performed and shall be available as 
                reimbursement for costs incurred in providing 
                such services.
---------------------------------------------------------------------------
    \91\Sec. 216(2)(A) of Public Law 104-127 (110 Stat. 957) inserted 
``importer or'' before ``importing country''. The amendment was made to 
subsec. (c), but is probably intended for subsec. (b) as redesignated 
by Public Law 104-66, and is incorporated as such an amendment.
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                  (B) Prohibition on commissions.--Commissions, 
                fees, or other payments to any selling agent or 
                to any agent of a purchaser shall be prohibited 
                in the purchase of agricultural commodities 
                that are financed under title I of\92\ this 
                Act.
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    \92\Sec. 319 of Public Law 102-237 (105 Stat. 1857) inserted 
``title I of'' before ``this Act'' in sec. 407(c)(2)(B) and 407(c)(3).
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          (3) Limitations.--No commission, fees, or other 
        payments to an agent, broker, consultant, or other 
        representative of the importer or importing country for 
        ocean transportation brokerage services in connection 
        with the carriage of commodities provided under title I 
        of\92\ this Act may--
                  (A) be paid in excess of an amount determined 
                appropriate by the Secretary; and
                  (B) be shared by such person with the 
                importer or importing country or any agent 
                thereof.
          (4) Avoidance of conflict of interest.--A person may 
        not be an agent, broker, consultant, or other 
        representative of the United States Government, an 
        importer, or an importing country in connection with 
        agricultural commodities provided under this Act during 
        a fiscal year in which such person provides or\93\ acts 
        as an agent, broker, consultant, or other 
        representative of a person\94\ engaged in providing 
        ocean transportation-related services for such 
        commodities. For the purpose of this paragraph, the 
        term ``transportation-related services'' means 
        lightening, stevedoring, bagging, or inland 
        transportation to the destination point.
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    \93\Sec. 328(a)(1) of Public Law 102-237 (105 Stat. 1828) inserted 
``provides or'' after ``in which such person''.
    \94\Sec. 328(a)(2) of Public Law 102-237 (105 Stat. 1828) struck 
out ``if the person is'' and inserted in lieu thereof ``of a person''.
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  (c)\85\,\95\ Title II and III Program.--
---------------------------------------------------------------------------
    \95\Sec. 216(3)(B) of Public Law 104-127 (110 Stat. 957) struck out 
para. (4) to this section. The amendment was made to subsec. (d), but 
is probably intended for subsec. (c) as redesignated by Public Law 104-
66, and is incorporated as such an amendment. Former para. (4) read as 
follows:
    ``(4) Ocean Transportation Services.--Notwithstanding any provision 
of the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 471 et seq.) or other similar provisions relating to the making 
or performance of Federal Government contracts, the Administrator may 
procure ocean transportation services under this Act under such full 
and open competitive procedures as the Administrator determines are 
necessary and appropriate.''.
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          (1) Acquisition.--The Administrator shall transfer, 
        arrange for the transportation, and take other steps 
        necessary to make available agricultural commodities to 
        be provided under title II and title III.
          (2)\96\ Freight procurement.--Notwithstanding the 
        Federal Property and Administrative Services Act of 
        1949 (40 U.S.C. 471 et seq.) or other similar 
        provisions of law relating to the making or performance 
        of Federal Government contracts, ocean transportation 
        under titles II and III may be procured on the basis of 
        full and open competitive procedures. Resulting 
        contracts may contain such terms and conditions as the 
        Administrator determines are necessary and appropriate.
---------------------------------------------------------------------------
    \96\Sec. 216(3)(A) of Public Law 104-127 (110 Stat. 957) struck out 
and restated para. (2). The amendment was made to subsec. (d), but is 
probably intended for subsec. (c) as redesignated by Public Law 104-66, 
and is incorporated as such an amendment. Former para. (2) read as 
follows:
    ``(2) Full and Open Competition.--No purchase of agricultural 
commodities from private stocks or purchase of ocean transportation 
services by the United States Government shall be financed under titles 
II and III unless such purchases are made on the basis of full and open 
competition utilizing such procedures as are determined necessary and 
appropriate by the Administrator.''.
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          (3) Avoidance of conflict of interest.--Freight 
        agents employed by the Agency for International 
        Development under titles II and III shall not represent 
        any\97\ foreign government during the period of their 
        contract with the United States Government.
---------------------------------------------------------------------------
    \97\Sec. 328(b) of Public Law 102-237 (105 Stat. 1858) struck out 
``other''.
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  (d)\85\ Timing of Shipments.--In determining the timing of 
the shipment of agricultural commodities to be provided under 
this Act, the Secretary or the Administrator, as appropriate, 
shall consider--
          (1) the time of harvest of any competing commodities 
        in the recipient country; and
          (2) such other concerns determined to be appropriate.
  (e)\85\ Deadline for Agreements Under Titles I and III.--An 
agreement under titles I and III shall, to the extent 
practicable, be entered into not later than--
          (1) November 30 of the first fiscal year in which 
        agricultural commodities are to be shipped under the 
        agreement; or
          (2) 60 days after the date of enactment of the annual 
        Rural Development, Agriculture, and Related Agencies 
        Appropriations Act for the first fiscal year in which 
        agricultural commodities are to be shipped under the 
        agreement,
whichever is later.
  (f)\85\ Annual Reports.--
          (1) In general.--The President shall prepare an 
        annual report concerning the programs and activities 
        implemented under this Act for the preceding fiscal 
        year.
          (2) Contents.--Each report shall include--
                  (A) the countries and organizations receiving 
                food and other assistance provided to each 
                country and organization under this Act;
                  (B) a general description of the projects or 
                activities implemented under this Act, 
                including local currency funded activities;\98\
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    \98\Sec. 216(4) of Public Law 104-127 (110 Stat. 957) struck out 
``; and'' at the end of subpara. (B); struck out a period and inserted 
``; and'' at the end of subpara. (C); and added a new subpara. (D). The 
amendment was made to subsec. (g), but is probably intended for subsec. 
(f) as redesignated by Public Law 104-66, and is incorporated as such 
an amendment.
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                  (C) a statement of the amount of agricultural 
                commodities made available to each country 
                pursuant to section 416(b) of the Agricultural 
                Act of 1949 and the Food for Progress Act of 
                1985; and\98\
                  (D)\98\ an assessment of the progress towards 
                achieving food security in each country 
                receiving food assistance from the United 
                States Government, with special emphasis on the 
                nutritional status of the poorest populations 
                in each country.
          (3) Submission.--The President shall submit such 
        report not later than January 15 of each year to the 
        Committee on Agriculture and the Committee on Foreign 
        Affairs\99\ of the House of Representatives and the 
        Committee on Agriculture, Nutrition, and Forestry of 
        the Senate.
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    \99\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. 408.\100\ EXPIRATION DATE.

  No agreements to finance sales or to provide other assistance 
under this Act shall be entered into after December 31, 
2002.\101\
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    \100\7 U.S.C. 1736b.
    \101\Sec. 217 of Public Law 104-127 (110 Stat. 957) struck out 
``1995'' and inserted in lieu thereof ``2002''.
    \102\Formerly at 7 U.S.C. 1736c. Sec. 218 of Public Law 104-127 
(110 Stat. 957) repealed sec. 409, which had provided that ``Not later 
than 180 days after November 28, 1990, regulations shall be issued to 
implement the provisions of this Act.''.
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SEC. 409.\102\ * * * [Repealed--1996]

SEC. 410.\103\ * * * [Repealed--1996]

SEC. 411.\104\ DEBT FORGIVENESS.

  (a) Authority.--The President, taking into account the 
financial resources of a country, may waive payments of 
principal and interest that such country would otherwise be 
required to make to the Commodity Credit Corporation under 
dollar sales agreements under title I\105\ if--
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    \103\Formerly at 7 U.S.C. 1736d. Sec. 219 of Public Law 104-127 
(110 Stat. 957) repealed sec. 410, which had required that a number of 
programs under this Act be independently evaluated and reported on by 
the U.S. Comptroller General.
    \104\7 U.S.C. 1736e. Title II, chapter VIII of Public Law 102-27 
(105 Stat. 147; 7 U.S.C. 1736e note) provided the following:
    ``Title I of Public Law 480 program allowed for the repayment of 
loans for the sale of agricultural commodities in foreign or local 
currencies until December 31, 1971. Since that time, until the law was 
changed in the 1985 farm bill, all sales have been on dollar credit 
terms. In view of the present financial situation, it is impossible for 
many countries to repay their loans in dollars. Therefore, the 
President may use the authority in section 411 and section 604 of the 
Agricultural Trade Development and Assistance Act of 1954 to 
renegotiate the payment on Public Law 480 debt in eligible countries in 
Latin America, the Caribbean and sub-Saharan Africa.''.
    Sec. 4(d) of Executive Order No. 12752 of February 25, 1991 (56 
F.R. 8255; February 27, 1991) (redesignated as sec. 4(b) by Executive 
Order 13044 of April 18, 1997), delegated to the Secretary of 
Agriculture, in consultation with the Food Assistance Policy Council 
and the Department of the Treasury, the functions conferred on the 
President in sec. 411.
    \105\Sec. 326 of Public Law 102-237 (105 Stat. 1857) struck out 
``this title'' and inserted in lieu thereof ``title I''.
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          (1) that country is a least developed country; and
          (2) either--
                  (A) an International Monetary Fund standby 
                agreement is in effect with respect to that 
                country;
                  (B) a structural adjustment program of the 
                International Bank for Reconstruction and 
                Development or of the International Development 
                Association is in effect with respect to that 
                country;
                  (C) a structural adjustment facility, 
                enhanced structural adjustment facility, or 
                similar supervised arrangement with the 
                International Monetary Fund is in effect with 
                respect to that country; or
                  (D) even though such an agreement, program, 
                facility, or arrangement is not in effect, the 
                country is pursuing national economic policy 
                reforms that would promote democratic, market-
                oriented, and long term economic development.
  (b) Request for Debt Relief by President.--The President may 
provide debt relief under subsection (a) only if a notification 
is submitted to Congress at least 10 days prior to providing 
the debt relief.\106\ Such a notification shall--
---------------------------------------------------------------------------
    \106\Sec. 336 of Public Law 102-237 (105 Stat. 1859) inserted ``at 
least 10 days prior to providing the debt relief''.
---------------------------------------------------------------------------
          (1) specify the amount of official debt the President 
        proposes to liquidate; and
          (2) identify the countries for which debt relief is 
        proposed and the basis for their eligibility for such 
        relief.
  (c) Appropriations Action Required.--The aggregate amount of 
principal and interest waived under this section may not exceed 
the amount approved for such purpose in an Act appropriating 
funds to carry out this Act.
  (d) Limitation on New Credit Assistance.--If the authority of 
this section is used to waive payments otherwise required to be 
made by a country pursuant to this Act, the President may not 
provide any new credit assistance for that country under this 
Act during the 2-year period beginning on the date such waiver 
authority is exercised, unless the President provides to the 
Congress, before the assistance is provided, a written 
justification for the provision of such new credit assistance.
  (e) Applicability.--The authority of this section applies 
with respect to credit sales agreements entered into before 
November 28, 1990.\107\
---------------------------------------------------------------------------
    \107\Sec. 322 of Public Law 102-237 (105 Stat. 1857) struck out 
``the date of enactment of this Act'' and inserted in lieu thereof 
``November 28, 1990''.
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SEC. 412.\108\ AUTHORIZATION OF APPROPRIATIONS.

  (a) Reimbursement.--There are authorized to be appropriated 
such sums as may be necessary to carry out--
---------------------------------------------------------------------------
    \108\7 U.S.C. 1736f.
---------------------------------------------------------------------------
          (1) the concessional credit sales program established 
        under title I;
          (2) the emergency and private assistance program 
        under title II; and
          (3) the grant program established under title III,
including such amounts as may be required to make payments to 
the Commodity Credit Corporation to the extent the Commodity 
Credit Corporation is not reimbursed under the programs under 
this Act for the actual costs incurred or to be incurred by 
such Corporation in carrying out such programs.
  (b)\109\ Transfer of Funds.--
---------------------------------------------------------------------------
    \109\Sec. 220 of Public Law 104-127 (110 Stat. 958) struck out 
subsecs. (b) and (c), relating to amount limitations and transfer of 
funds, inserted a new subsec. (b), and redesignated subsecs. (d) and 
(e) as subsecs. (c) and (d), respectively.
---------------------------------------------------------------------------
          (1) In general.--Except as provided in paragraph (2) 
        and notwithstanding any other provision of law, the 
        President may direct that up to 15 percent of the funds 
        available for any fiscal year for carrying out any 
        title of this Act be used to carry out any other title 
        of this Act.
          (2) Title iii funds.--The President may direct that 
        up to 50 percent of the funds available for any fiscal 
        year for carrying out title III be used to carry out 
        title II.
  (c)\109\ Budget.--In presenting the Budget of the United 
States, the President shall classify expenditures under this 
Act as expenditures for international affairs and finance 
rather than for agriculture and agricultural resources.
  (d)\109\ Value of Commodities.--Notwithstanding any other 
provision of law, in determining the reimbursement due the 
Commodity Credit Corporation for all expenses incurred under 
this Act, commodities from the inventory of the Commodity 
Credit Corporation that were acquired under title I of the 
Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) shall be 
valued at a price not greater than the export market price for 
such commodities, as determined by the Secretary, as of the 
time such commodity is made available under this Act.

SEC. 413.\110\ COORDINATION OF FOREIGN ASSISTANCE PROGRAMS.

  To the maximum extent practicable, assistance for a foreign 
country under title III\111\ shall be coordinated and 
integrated with United States development assistance objectives 
and programs for that country and with the overall development 
strategy of that country. Special emphasis should be placed on, 
and funds devoted to, activities that will increase the 
nutritional impact of programs of assistance under title 
III,\111\ and child survival programs and projects, in least 
developed countries by improving the design and implementation 
of such programs and projects.
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    \110\7 U.S.C. 1736g.
    \111\Sec. 221 of Public Law 104-127 (110 Stat. 958) struck out 
``this Act'' and inserted in lieu thereof ``title III''.
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SEC. 414.\112\ ASSISTANCE IN FURTHERANCE OF NARCOTICS CONTROL 
                    OBJECTIVES OF THE UNITED STATES.

  (a) Substantial Injury.--Local currencies that are made 
available for use under this Act may not be used to finance the 
production for export of agricultural commodities (or products 
thereof) that would compete in the world market with similar 
agricultural commodities (or products thereof) produced in the 
United States, if such competition would cause substantial 
injury to the United States producers, as determined by the 
President.
---------------------------------------------------------------------------
    \112\7 U.S.C. 1736g-1.
---------------------------------------------------------------------------
  (b) Exception for Narcotics Control.--Notwithstanding 
subsection (a), the President may provide assistance under this 
Act, including assistance through the use of local currencies 
generated by the sale of commodities under such Act, for 
economic development activities undertaken in an eligible 
country that is a major illicit drug producing country (as 
defined in section 481(e)(2)\113\ of the Foreign Assistance Act 
of 1961), for the purpose of reducing the dependence of the 
economy of such country on the production of crops from which 
narcotic and psychotropic drugs are derived.
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    \113\Formerly read ``section 481(i)(2)''. Sec. 6(a) of the 
International Narcotics Control Act of 1992 (Public Law 102-583; 106 
Stat. 4932) provided that ``Any reference in any provision of law 
enacted before the date of enactment of this Act to section 481(e) or 
481(i) of that Act shall be deemed to be a reference to section 489 or 
section 481(e)''.
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SEC. 415.\114\ MICRONUTRIENT FORTIFICATION PILOT PROGRAM.

    (a) In General.--Subject to the availability of practical 
technology and to cost effectiveness, not later than September 
30, 1997, the Secretary, in consultation with the 
Administrator, shall establish a micronutrient fortification 
pilot program under this Act. The purpose of the program shall 
be to--
---------------------------------------------------------------------------
    \114\7 U.S.C. 1736g-2. Added by sec. 222 of Public Law 104-127 (110 
Stat. 958).
---------------------------------------------------------------------------
          (1) assist developing countries in correcting 
        micronutrient dietary deficiencies among segments of 
        the populations of the countries; and
          (2) encourage the development of technologies for the 
        fortification of whole grains and other commodities 
        that are readily transferable to developing countries.
    (b) Selection of Participating Countries.--From among the 
countries eligible for assistance under this Act, the Secretary 
may select not more than 5 developing countries to participate 
in the pilot program.
    (c) Fortification.--Under the pilot program, whole grains 
and other commodities made available to a developing country 
selected to participate in the pilot program may be fortified 
with 1 or more micronutrients (including vitamin A, iron, and 
iodine) with respect to which a substantial portion of the 
population in the country is deficient. The commodity may be 
fortified in the United States or in the developing country.
    (d) Termination of Authority.--The authority to carry out 
the pilot program established under this section shall 
terminate on September 30, 2002.

SEC. 416.\115\ USE OF CERTAIN LOCAL CURRENCY.

    Local currency payments received by the United States 
pursuant to agreements entered into under title I (as in effect 
on November 27, 1990) may be utilized by the Secretary in 
accordance with section 108 (as in effect on November 27, 
1990).
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    \115\7 U.S.C. 1736g-3. Added by sec. 223 of Public Law 104-127 (110 
Stat. 958).
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                   TITLE V--FARMER-TO-FARMER PROGRAM

SEC. 501.\116\ FARMER-TO-FARMER PROGRAM.

  (a) In General.--To further assist developing countries, 
middle-income countries, and emerging markets\117\ to increase 
farm production and farmer incomes, the President may, 
notwithstanding any other provision of law--
---------------------------------------------------------------------------
    \116\7 U.S.C. 1737. Sec. 4(f) of Executive Order No. 12752 of 
February 25, 1991 (56 F.R. 8255; February 27, 1991) (redesignated as 
sec. 4(d) by Executive Order 13044 of April 18, 1997), delegated to the 
Administrator of the Agency for International Development the functions 
conferred on the President in title V.
    \117\Sec. 277(c)(1)(A) of Public Law 104-127 (110 Stat. 979) struck 
out ``emerging democracies'' and inserted in lieu thereof ``emerging 
markets''.
---------------------------------------------------------------------------
          (1) establish and administer a program of farmer-to-
        farmer assistance between the United States and such 
        countries to assist in increasing food production and 
        distribution and improving the effectiveness of the 
        farming and marketing operations of farmers;
          (2) utilize United States farmers, agriculturalists, 
        land grant universities, private agribusinesses, and 
        nonprofit farm organizations to work in conjunction 
        with farmers and farm organizations in such countries, 
        on a voluntary basis, to facilitate the improvement of 
        farm and agribusiness operations and agricultural 
        systems in such countries, including animal care and 
        health, field crop cultivation, fruit and vegetable 
        growing, livestock operations, food processing and 
        packaging, farm credit, marketing, inputs, agricultural 
        extension, and the strengthening of cooperatives and 
        other farmer groups;
          (3) transfer the knowledge and expertise of United 
        States agricultural producers and businesses, on a 
        people-to-people basis, to such countries while 
        enhancing the democratic process by supporting private 
        and public\118\ agriculturally related organizations 
        that request and support technical assistance 
        activities through cash and in-kind services;
---------------------------------------------------------------------------
    \118\Sec. 301 of Public Law 102-237 (105 Stat. 1855) struck out a 
comma after ``public''.
---------------------------------------------------------------------------
          (4) to the extent practicable, enter into contracts 
        or other cooperative agreements with or make grants to 
        private voluntary organizations, cooperatives, land 
        grant universities, private agribusiness, or nonprofit 
        farm organizations to carry out this section (except 
        that any such contract or other agreement may obligate 
        the United States to make outlays only to the extent 
        that the budget authority for such outlays is available 
        pursuant to subsection (c) or has otherwise been 
        provided in advance in appropriation Acts);
          (5) coordinate programs established under this 
        section with other foreign assistance activities 
        carried out by the United States; and
          (6)\119\ to the extent that local currencies can be 
        used to meet the costs of a program established under 
        this section, augment funds of the United States that 
        are available for such a program through the use of 
        foreign currencies that accrue from the sale of 
        agricultural commodities under this Act, and local 
        currencies generated from other types of foreign 
        assistance activities, within the country where the 
        program is being conducted.
---------------------------------------------------------------------------
    \119\Sec. 224(1) of Public Law 104-127 (110 Stat. 959) struck out 
and restated para. (6), which formerly read as follows:
    ``(6) to the extent practicable, augment the funds available for 
programs established under this section through the use of foreign 
currencies that accrue from the sale of agricultural commodities under 
this Act, and local currencies generated from other types of foreign 
assistance activities.''.
---------------------------------------------------------------------------
  (b) Definitions.--The following definitions apply for 
purposes of this section:
          (1)\120\ Emerging market.--The term ``emerging 
        market'' means any country that the Secretary 
        determines--
---------------------------------------------------------------------------
    \120\Sec. 277(c)(1)(B) of Public Law 104-127 (110 Stat. 979) struck 
out para. (1) and inserted a new para. (1). The struck out text read as 
follows:
    ``(1) Emerging democracy.--The term `emerging democracy' means a 
country that is taking steps toward--
---------------------------------------------------------------------------

          ``(A) political pluralism, based on progress toward free and 
        fair elections and a multiparty political system;
          ``(B) economic reform, based on progress toward a market-
        oriented economy;
          ``(C) respect for internationally recognized human rights; 
        and
          ``(D) a willingness to build a friendly relationship with the 
        United States.''.
                  (A) is taking steps toward a market-oriented 
                economy through the food, agriculture, or rural 
                business sectors of the economy of the country; 
                and
                  (B) has the potential to provide a viable and 
                significant market for United States 
                agricultural commodities or products of United 
                States agricultural commodities.
          (2) Middle income country.--The term ``middle income 
        country'' means a country that has developed 
        economically to the point where it does not receive 
        bilateral development assistance from the United 
        States.
  (c) Minimum Funding.--Notwithstanding any other provision of 
law, not less than 0.4\121\ percent of the amounts made 
available for each of the fiscal years 1996 through 2002\122\ 
to carry out this Act, in addition to any funds that may be 
specifically appropriated to carry out this section, shall be 
used to carry out programs under this section, with not less 
than 0.2\123\ percent to be used for programs in developing 
countries.
---------------------------------------------------------------------------
    \121\Sec. 224(2)(A) of Public Law 104-127 (110 Stat. 959) struck 
out ``0.2'' and inserted in lieu thereof ``0.4''.
    \122\Sec. 224(2)(B) of Public Law 104-127 (110 Stat. 959) struck 
out ``1991 through 1995'' and inserted in lieu thereof ``1996 through 
2002''.
    \123\Sec. 224(2)(C) of Public Law 104-127 (110 Stat. 959) struck 
out ``0.1'' and inserted in lieu thereof ``0.2''.
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            TITLE VI--ENTERPRISE FOR THE AMERICAS INITIATIVE

SEC. 601.\124\ ESTABLISHMENT OF THE FACILITY.

  There is established in the Department of the Treasury an 
entity to be known as the ``Enterprise for the Americas 
Facility'' (hereafter referred to in this title as the 
``Facility'').
---------------------------------------------------------------------------
    \124\7 U.S.C. 1738.
---------------------------------------------------------------------------

SEC. 602.\125\ PURPOSE.

  The purpose of this title 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 inter-related actions to promote debt reduction, 
investment reforms, and community-based conservation and 
sustainable use of the environment. The Facility will support 
such objectives through the administration of debt reduction 
operations relating to those countries that meet investment 
reform and other policy conditions provided for in this title.
---------------------------------------------------------------------------
    \125\7 U.S.C. 1738a.
---------------------------------------------------------------------------

SEC. 603.\126\ ELIGIBILITY FOR BENEFITS UNDER THE FACILITY.

  (a) Requirements.--To be eligible for benefits from the 
Facility under this title, a country shall--
---------------------------------------------------------------------------
    \126\7 U.S.C. 1738b.
---------------------------------------------------------------------------
          (1) be a Latin American or Caribbean country;
          (2) have in effect or have received approval for, or, 
        as appropriate in exceptional circumstances, be making 
        significant progress towards the establishment of--
                  (A) an International Monetary Fund (hereafter 
                referred to in this title as the ``IMF'') 
                standby arrangement, extended IMF arrangement, 
                or an arrangement under the structural 
                adjustment facility or enhanced structural 
                adjustment facility, or in exceptional 
                circumstances, an IMF-monitored program or its 
                equivalent; and
                  (B) as appropriate, structural or sectoral 
                adjustment loans from the International Bank 
                for Reconstruction and Development (hereafter 
                referred to in this title as the ``World 
                Bank'') or the International Development 
                Association (hereafter referred to in this 
                title as the ``IDA'');
          (3) have placed into effect major investment reforms 
        in conjunction with an Inter-American\127\ Development 
        Bank (hereafter referred to as the ``IDB'') loan or 
        otherwise be implementing, or making significant 
        progress towards an open investment regime; and
---------------------------------------------------------------------------
    \127\Sec. 302 of Public Law 102-237 (105 Stat. 1855) added the 
hyphen to ``Inter-American''.
---------------------------------------------------------------------------
          (4) if appropriate, have agreed with its commercial 
        bank lenders on a satisfactory financing program, 
        including, as appropriate, debt or debt service 
        reduction.
  (b) Eligibility Determination.--The President shall determine 
whether a country is an eligible country for purposes of 
subsection (a).

SEC. 604.\128\ REDUCTION OF CERTAIN DEBT.

  (a) Authority to Reduce Debt.--
---------------------------------------------------------------------------
    \128\7 U.S.C. 1738c. Title II, chapter VIII of Public Law 102-27 
(105 Stat. 147, 7 U.S.C. 1736e note) provided the following:
    ``Title I of Public Law 480 program allowed for the repayment of 
loans for the sale of agricultural commodities in foreign or local 
currencies until December 31, 1971. Since that time, until the law was 
changed in the 1985 farm bill, all sales have been on dollar credit 
terms. In view of the present financial situation, it is impossible for 
many countries to repay their loans in dollars. Therefore, the 
President may use the authority in section 411 and section 604 of the 
Agricultural Trade Development and Assistance Act of 1954 to 
renegotiate the payment on Public Law 480 debt in eligible countries in 
Latin America, the Caribbean and sub-Saharan Africa.''.
---------------------------------------------------------------------------
          (1) In general.--Notwithstanding any other provision 
        of law, the President may reduce the amount owed to the 
        United States or any agency of the United States, and 
        outstanding as of January 1, 1990, as a result of any 
        credits extended under title I to a country eligible 
        for benefits from the Facility.
          (2) Availability\129\ of appropriations.--The 
        authorities under this section may be exercised only to 
        the extent provided for in advance in appropriation 
        Acts.
---------------------------------------------------------------------------
    \129\Sec. 303 of Public Law 102-237 (105 Stat. 1855) corrected the 
spelling of ``Availability''.
---------------------------------------------------------------------------
  (b) Limitation.--A debt reduction authorized under subsection 
(a) shall be accomplished, at the direction of the Facility, 
through the exchange of a new obligation under this title for 
obligations of the type referred to in subsection (a) 
outstanding as of January 1, 1990.
  (c) Exchange of Obligations.--The Facility shall notify the 
Commodity Credit Corporation of an agreement entered into under 
subsection (b) with an eligible country to exchange a new 
obligation for outstanding obligations. At the direction of the 
Facility, the old obligations that are the subject of the 
agreement may be canceled and a new debt obligation may be 
established for the country relating to the agreement. The 
Commodity Credit Corporation shall make an adjustment in its 
accounts to reflect a debt reduction under this section.

SEC. 605.\130\ REPAYMENT OF PRINCIPAL.

  (a) Currency of Payment.--The principal amount owed under 
each new obligation issued under section 604 shall be repaid in 
United States dollars.
---------------------------------------------------------------------------
    \130\7 U.S.C. 1738d.
---------------------------------------------------------------------------
  (b) Deposit of Payments.--Principal repayments on new 
obligations issued under section 604 shall be deposited in 
Commodity Credit Corporation accounts.

SEC. 606.\131\ INTEREST OF NEW OBLIGATIONS.

  (a) Rate of Interest.--New obligations issued to an eligible 
country under section 604 shall bear interest at a concessional 
rate.
---------------------------------------------------------------------------
    \131\7 U.S.C. 1738e.
---------------------------------------------------------------------------
  (b) Currency of Payment, Deposits.--
          (1) United states dollars.--An eligible country to 
        which a new obligation has been issued under section 
        604 that has not entered into an agreement under 
        section 607, shall be required to pay interest on such 
        obligation in United States dollars which shall be 
        deposited in Commodity Credit Corporation accounts.
          (2) Local currency.--If an eligible country to which 
        a new obligation has been issued under section 604 has 
        entered into an agreement under section 607, interest 
        under such obligation may be paid in the local currency 
        of the eligible country and deposited into an 
        Environmental Fund as provided for in section 608. Such 
        interest shall be the property of the eligible country 
        until such time as it is disbursed under section 608. 
        Such local currencies shall be used for the purposes 
        specified in the agreement entered into under section 
        607.
  (c) Interest Previously Paid.--If an eligible country to 
which a new obligation has been issued under section 604 enters 
into an agreement under section 607 subsequent to the date on 
which interest first becomes due on such new obligation, any 
interest paid on such new obligation prior to such agreement 
being entered into shall not be redeposited into the Fund 
established for the eligible country under section 608(a) but 
shall be deposited into Commodity Credit Corporation 
accounts.\132\
---------------------------------------------------------------------------
    \132\Sec. 304 of Public Law 102-237 (105 Stat. 1855) inserted 
``accounts'' after ``Corporation''.
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SEC. 607.\133\ ENVIRONMENTAL FRAMEWORK AGREEMENTS.

  (a) Authority.--The President is authorized to enter into an 
environmental framework agreement with each country eligible 
for benefits from the Facility concerning the operation and use 
of an Enterprise for the Americas Environmental Fund (hereafter 
referred to in this title as the ``Environmental Fund'')\134\ 
established under section 608 for that country. The President 
shall consult with the Board established under section 610 when 
entering into such agreements.
---------------------------------------------------------------------------
    \133\7 U.S.C. 1738f.
    \134\In a technical correction, sec. 305 of Public Law 102-237 (105 
Stat. 1855) moved the close quotation mark.
---------------------------------------------------------------------------
  (b) Requirements.--An environmental framework agreement 
entered into under this section shall--
          (1) require the eligible country to establish an 
        Environmental Fund;
          (2) require the eligible country to make interest 
        payments under section 608(a) into the Environmental 
        Fund;
          (3) require the eligible country to make prompt 
        disbursements from the Environmental Fund to the body 
        described in subsection (c);
          (4) where appropriate, seek to maintain the value of 
        the local currency resources deposited into the 
        appropriate Environmental Fund in terms of United 
        States dollars;
          (5) specify, in accordance with section 612, the 
        purposes for which the Environmental Fund may be used; 
        and
          (6) contain reasonable provisions for the enforcement 
        of the terms of the agreement.
  (c) Administering Body.--Funds disbursed from the 
Environmental Fund in an eligible country shall be administered 
by a body constituted under the laws of the country. Such body 
shall--
          (1) be composed of--
                  (A) one or more representatives appointed by 
                the President;
                  (B) one or more representatives appointed by 
                the eligible country; and
                  (C) representatives from a broad range of 
                environmental and local community development 
                nongovernmental organizations of the host 
                country;
        the majority of which shall be local representatives 
        from nongovernmental organizations, and scientific or 
        academic bodies;
          (2) receive proposals for grant assistance from local 
        organizations, and make grants to such organizations in 
        accordance with the priorities agreed upon in the 
        framework agreement and consistent with the overall 
        purposes of section 612;
          (3) be responsible for the management of the program 
        and oversight of grant activities funded from resources 
        of the Environmental Fund;
          (4) be subject to fiscal audits by an independent 
        auditor on an annual basis;
          (5) present an annual program for review by the Board 
        established under section 610 each year;
          (6) present an annual report on the activities 
        undertaken during the previous year to the Chairman of 
        the Board established under section 610, and the 
        government of the eligible country each year; and
          (7) have any grant over $100,000 be subject to veto 
        by the United States and the government of the eligible 
        country.

SEC. 608.\135\ ENTERPRISE FOR THE AMERICAS ENVIRONMENTAL FUNDS.

  (a) Establishment.--An eligible country shall, under the 
terms of an environmental framework agreement entered into 
under section 607, establish an Environmental Fund to receive 
payments in local currency pursuant to section 607(b)(1).
---------------------------------------------------------------------------
    \135\7 U.S.C. 1738g.
---------------------------------------------------------------------------
  (b) Investment.--Amounts deposited into an Environmental Fund 
shall be invested until disbursed. Notwithstanding any other 
provision of law, any return on such investment may be retained 
by the Environmental Fund and need not be deposited to the 
account of the Commodity Credit Corporation and may be retained 
without further appropriation by Congress.

SEC. 609.\136\ DISBURSEMENT OF ENVIRONMENTAL FUNDS.

  Funds in an Environmental Fund shall be disbursed only 
pursuant to a framework agreement entered into pursuant to 
section 607.
---------------------------------------------------------------------------
    \136\7 U.S.C. 1738h.
---------------------------------------------------------------------------

SEC. 610.\137\ ENTERPRISE\138\ FOR THE AMERICAS BOARD.

  (a) Establishment.--There is established a board to be known 
as the ``Enterprise\138\ for the Americas Board'' (hereafter 
referred to in this title as the ``Board'').
---------------------------------------------------------------------------
    \137\7 U.S.C. 1738i.
    \138\Sec. 603 of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3669) struck out ``ENVIRONMENT'' and inserted in 
lieu thereof ``ENTERPRISE'' in the catchline; and struck out 
``Environment'' in lieu of ``Enterprise'' in subsec. (a).
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  (b) Membership and Chairperson.--
          (1) Membership.--The Board shall be composed of--
                  (A) six\139\ representatives from the United 
                States Government, at least one of whom shall 
                be a representative of the Department of 
                Agriculture;\139\ and
---------------------------------------------------------------------------
    \139\Sec. 339(1) of Public Law 102-237 (105 Stat. 1861) struck out 
``five'' and inserted in lieu thereof ``six'', and added after 
``Government'' the text ``, at least one of whom shall be a 
representative of the Department of Agriculture''.
---------------------------------------------------------------------------
                  (B) five\140\ representatives from private 
                nongovernmental environmental, child survival 
                and child development,\141\ community 
                development, scientific, and academic 
                organizations with experience and expertise in 
                Latin America and the Caribbean, at least one 
                of whom shall be a representative from a child 
                survival and child development 
                organization;\142\
---------------------------------------------------------------------------
    \140\Sec. 339(2) of Public Law 102-237 (105 Stat. 1861) struck out 
``four'' and inserted in lieu thereof ``five''.
    \141\Sec. 603(3)(A) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3669) inserted ``child survival and child 
development,'' after ``environmental,''.
    \142\Sec. 603(3)(B) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3669) inserted ``, at least one of whom shall be 
a representative from a child survival and child development 
organization'' after ``Caribbean''.
---------------------------------------------------------------------------
        to be appointed by the President.
          (2) Chairperson.--The Board shall be headed by a 
        chairperson who shall be appointed by the President 
        from among the representatives appointed under 
        paragraph (1)(A).
  (c)  Responsibilities.--The Board shall--
          (1) advise the President on the negotiations for the 
        environmental framework agreements described in 
        subsections (a) and (b) of section 607;
          (2) ensure, in consultation with the government of 
        the appropriate eligible country, with nongovernmental 
        organizations of such eligible country, and if 
        appropriate, of the region, and with environmental, 
        scientific, and academic leaders of such eligible 
        country and, as appropriate, of the region, that a 
        suitable body referred to in section 607(c) is 
        identified; and
          (3) review the programs, operations, and fiscal 
        audits of the bodies referred to in section 607(c).

SEC. 611.\143\ OVERSIGHT.

  The President may designate appropriate United States 
agencies to review the implementation of programs under this 
title and the fiscal audits relating to such programs. Such 
oversight shall not constitute active management of an 
Environmental Fund.
---------------------------------------------------------------------------
    \143\7 U.S.C. 1738j.
---------------------------------------------------------------------------

SEC. 612.\144\ ELIGIBLE ACTIVITIES AND GRANTEES.

  (a) Eligible Entities.--Activities eligible to receive 
assistance through the framework agreements entered into under 
section 607, shall include--
---------------------------------------------------------------------------
    \144\7 U.S.C. 1738k.
---------------------------------------------------------------------------
          (1) activities of the type described in the Global 
        Environmental Protection Assistance Act of 1989 (22 
        U.S.C. 2281 et seq.);\145\
---------------------------------------------------------------------------
    \145\Sec. 306 of Public Law 102-237 (105 Stat. 1856) corrected a 
typographical error here by striking ``462), and--'', and inserted in 
lieu thereof ``2281 et seq.);''.
---------------------------------------------------------------------------
          (2) agriculture-related activities, including those 
        that provide for the biological prevention and control 
        of animal and plant pests and diseases, to benefit the 
        environment; and
          (3) local community initiatives that promote 
        conservation and sustainable use of the environment.
  (b) Regulation.--All activities of the type referred to in 
subsection (a) shall, where appropriate, include initiatives 
that link conservation of natural resources with local 
community development.
  (c) Setting of Priorities.--Appropriate activities and 
priorities relating to the use of an Environmental Fund shall 
be set by local nongovernmental organizations within the 
appropriate eligible country.
  (d) Grants.--Grants may be made by the body referred to in 
section 607(c) from the Environmental Fund for environmental 
purposes to--
          (1) host country nongovernmental environmental, 
        conservation, development, educational, and indigenous 
        peoples organizations;
          (2) other appropriate local or regional entities; or
          (3) in exceptional circumstances, the government of 
        the eligible country.
  (e) Priority.--In providing assistance from an Environmental 
Fund, the body established under section 607(c) within the 
eligible country shall give priority to projects that are run 
by nongovernmental organizations and other private entities, 
and that involve local communities in their planning and 
execution.

SEC. 613.\146\ ENCOURAGING MULTILATERAL DEBT DONATIONS.

  (a) Encouraging Donations From Official Creditors.--The 
President should actively encourage other official creditors of 
an eligible country to provide debt reduction to such eligible 
country.
---------------------------------------------------------------------------
    \146\7 U.S.C. 1738l.
---------------------------------------------------------------------------
  (b) Encouraging Donations From Other Sources.--The President 
shall make every effort to insure that programs established 
through Environmental Funds are able to receive donations from 
private and public entities, and private creditors of the 
eligible country.

SEC. 614.\147\ ANNUAL REPORT TO CONGRESS.

  (a) In General.--Not later\148\ than December 31 of each 
fiscal year, the President shall prepare and submit to the 
Speaker of the House of Representatives and the President Pro 
Tempore of the Senate an annual report concerning the operation 
of the Facility for the prior fiscal year. This report shall 
include--\149\
---------------------------------------------------------------------------
    \147\7 U.S.C. 1738m.
    \148\Sec. 330 of Public Law 102-237 (105 Stat. 1858) struck out 
``Not later'' and inserted in lieu thereof ``(a) In General.--Not 
later'', and added subsec. (b).
    \149\Sec. 3 of the Enterprise for the Americas Initiative Act of 
1992 (Public Law 102-532; 106 Stat. 3512) added from ``This report 
shall include--'' through par. (4) of subsec. (a).
---------------------------------------------------------------------------
          (1) a description of the activities undertaken by the 
        Facility during the previous fiscal year;
          (2) a description of any Enviromental\150\ Framework 
        Agreement entered into under this title;
---------------------------------------------------------------------------
    \150\As enrolled. Should read ``Environmental''.
---------------------------------------------------------------------------
          (3) a report on what Environmental Funds have been 
        established under this title and on the operations of 
        such Funds; and
          (4) a description of any grants that have been 
        extended by administering bodies pursuant to an 
        Enviromental\150\ Framework Agreement under this title.
    (b) Supplemental Views in Annual Report.--No later than 
December 15 of each fiscal year, each member of the Board shall 
be entitled to receive a copy of the report required under 
subsection (a). Each member of the Board may prepare and submit 
supplemental views to the President on the implementation of 
this title by December 31 for inclusion in the annual report 
when it is transmitted to Congress pursuant to this section.

SEC. 615.\151\ CONSULTATIONS WITH CONGRESS.

    The President shall consult with the appropriate 
congressional committees on a periodic basis to review the 
operation of the Facility under this title and the eligibility 
of countries for benefits from the Facility under this title.
---------------------------------------------------------------------------
    \151\7 U.S.C. 1738n. Added by sec. 331 of Public Law 102-237 (105 
Stat. 1858).
---------------------------------------------------------------------------

SEC. 616.\152\ SALE OF QUALIFIED DEBT TO ELIGIBLE COUNTRIES.

    (a) In General.--
---------------------------------------------------------------------------
    \152\7 U.S.C. 1738o. Added by sec. 2 of the Enterprise for the 
Americas Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509).
---------------------------------------------------------------------------
          (1) Authorization.--The President may sell to an 
        eligible country up to 40 percent of such country's 
        qualified debt, only if an amount of the local currency 
        of such country (other than the price paid for the 
        debt) equal to--
                  (A) not less than 40 percent of the price 
                paid for such debt by such eligible country, or
                  (B) the difference between the price paid for 
                such debt and the face value of such debt;
        whichever is less, is used by such country through an 
        Environmental Fund for eligible activities described in 
        section 612.
          (2) Environmental funds.--For purposes of this 
        section, the term ``Environmental Fund'' means an 
        Environmental Fund established under section 608. In 
        the case of Mexico, such fund may be designated as the 
        Good Neighbor Environmental Fund for the Border.
          (3) Establishment and operation of environmental 
        funds.--The President should advise eligible countries 
        on the procedures required to establish and operate the 
        Environmental Funds required to be established under 
        paragraph (1).
    (b) Terms and Conditions.--The President shall establish 
the terms and conditions, including the amount to be paid by 
the eligible country, under which such country's qualified debt 
may be sold under this section.
    (c) Appropriations Requirement.--The authorities provided 
by this section may be exercised only in such amounts and to 
such extent as is provided in advance in appropriations Acts.
    (d) Certain Prohibitions Inapplicable.--A sale of debt 
under this section shall not be considered assistance for 
purposes of any provision of law limiting assistance to a 
country.
    (e) Implementation by the Facility.--A sale of debt 
authorized under this section shall be accomplished at the 
direction of the Facility. The Facility shall direct the 
Commodity Credit Corporation to carry out such sale. The 
Commodity Credit Corporation shall make an adjustment in its 
accounts to reflect the sale.
    (f) Deposit of Proceeds.--The proceeds from a sale of 
qualified debt under this section shall be deposited in the 
account or accounts established by the Commodity Credit 
Corporation for the repayment of such debt by the eligible 
country.
    (g) Debtor Consultation.--Before any sale of qualified debt 
may occur under this section, the President should consult with 
the eligible country's government concerning such sale. The 
topics addressed in the consultation shall include the amount 
of qualified debt involved in the transaction and the uses to 
which funds made available as a result of the sale shall be 
applied.

SEC. 617.\153\ SALE, REDUCTION, OR CANCELLATION OF QUALIFIED DEBT TO 
                    FACILITATE CERTAIN DEBT SWAPS.

    (a) Authority to Sell, Reduce, or Cancel Qualified Debt.--
For the purpose of facilitating eligible debt swaps, the 
President, in accordance with this section--
---------------------------------------------------------------------------
    \153\7 U.S.C. 1738p. Added by sec. 2 of the Enterprise for the 
Americas Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509).
---------------------------------------------------------------------------
          (1) may sell to an eligible purchaser (as determined 
        pursuant to subsection (c)(1)) any qualified debt of an 
        eligible country; or
          (2) may reduce or cancel eligible debt of an eligible 
        country upon receipt of payment from an eligible payor 
        (as determined under subsection (c)(2)).
    (b) Terms and Conditions.--The President shall establish 
the terms and conditions under which qualified debt may be 
sold, reduced, or canceled pursuant to this section.
    (c) Eligible Purchasers and Eligible Payors.--
          (1) Sales of debt.--Qualified debt may be sold 
        pursuant to subsection (a)(1) only to a purchaser who 
        presents plans satisfactory to the President for using 
        the debt for the purpose of engaging in eligible debt 
        swaps.
          (2) Reduction or cancellation of debt.--Qualified 
        debt may be reduced or cancelled pursuant to subsection 
        (a)(2) only if the payor presents plans satisfactory to 
        the President for using such reduction or cancellation 
        for the purpose of facilitating eligible debt swaps.
    (d) Debtor Consultation and Right of First Refusal.--
          (1) Consultation.--Before selling, reducing, or 
        canceling any qualified debt of an eligible country 
        pursuant to this section, the President should consult 
        with that country concerning, among other things, the 
        amount of debt to be sold, reduced, or canceled and the 
        uses of such debt for eligible debt swaps.
          (2) Right of first refusal.--The qualified debt of an 
        eligible country may be sold, reduced, or cancelled 
        pursuant to this section only if that country has been 
        offered the opportunity to purchase that debt pursuant 
        to section 616 and has not accepted that offer.
    (e) Limitation.--In the aggregate, not more than 40 percent 
of the qualified debt of an eligible country may be sold, 
reduced, or cancelled under this section or sold under section 
616.
    (f) Administration.--The Facility shall notify the 
Commodity Credit Corporation of purchasers and payors the 
President has determined to be eligible under subsection (c), 
and shall direct the corporation to carry out the sale, 
reduction, or cancellation of a qualified debt pursuant to this 
section. The Commodity Credit Corporation shall make an 
adjustment in its accounts to reflect such sale, reduction, or 
cancellation.
    (g) Appropriations Requirement.--The authorities provided 
by this section may be exercised only in such amounts and to 
such extent as is provided in advance in appropriations Acts.
    (h) Deposit of Proceeds.--The proceeds from the sale, 
reduction, or cancellation of qualified debt pursuant to this 
section shall be deposited in the United States Government 
account or accounts established for the repayment of such debt.
    (i) Eligible Debt Swaps.--As used in this section, the term 
``eligible debt swap'' means a debt-for-development swap or 
debt-for-nature swap.

SEC. 618.\154\ NOTIFICATION TO CONGRESSIONAL COMMITTEES.

    (a) Notice of Negotiations.--The Secretary of State and the 
Secretary of the Treasury shall, in every feasible instance, 
notify the designated congressional committees not less than 15 
days prior to any formal negotiation for debt relief under this 
title.
---------------------------------------------------------------------------
    \154\7 U.S.C. 1738q. Added by sec. 2 of the Enterprise for the 
Americas Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509).
---------------------------------------------------------------------------
    (b) Transmittal of Text of Agreements.--The Secretary of 
State shall transmit to the designated congressional committees 
a copy of the text of any agreement with any foreign government 
which would result in any debt relief under this title no less 
than 30 days prior to its entry into force, together with a 
detailed justification of the interest of the United States in 
the proposed debt relief.
    (c) Annual Report.--The Secretary of State or the Secretary 
of the Treasury, as appropriate, shall submit to the designated 
congressional committees not later than February 1 of each year 
a consolidated statement of the budgetary implications of all 
debt relief agreements entered into force under this title 
during the preceding fiscal year.
    (d) Designated Congressional Committees.--As used in this 
section, the term ``designated congressional committees'' means 
the Committee on Agriculture and the Committee on Foreign 
Affairs\155\ of the House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate.
---------------------------------------------------------------------------
    \155\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. 619.\156\ DEFINITION OF QUALIFIED DEBT.

    As used in sections 616, 617, and 618, the term ``qualified 
debt'' means any obligation, or portion of such obligation, of 
an eligible 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 or section 4(b) of the Food for Peace Act of 1966--
---------------------------------------------------------------------------
    \156\7 U.S.C. 1738r. Added by sec. 2 of the Enterprise for the 
Americas Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509).
---------------------------------------------------------------------------
          (1) in which the Commodity Credit Corporation 
        obtained a legal right or interest, as a result of 
        assignment or subrogation, not later than September 1, 
        1992; and
          (2) the payment of which obligation has been, not 
        later than September 1, 1992, rescheduled in accordance 
        with principles set forth in an Agreed Minute of the 
        Paris Club.
Such term includes the obligation to pay any interest which was 
due or accrued not later than September 1, 1992, and unpaid as 
of the date of a debt sale pursuant to section 616 or a debt 
sale, reduction, or cancellation pursuant to section 617 (as 
the case may be).

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


          Note.--Section 1(5) of Public Law 85-128 [S. 1314], 
        71 Stat. 345, 7 U.S.C. 1704a, approved August 13, 1957, 
        makes the following provision for reporting to 
        Congress:
          ``(5) Within sixty days after any agreement is 
        entered into for the use of any foreign currencies, a 
        full report thereon shall be made to the Senate and the 
        House of Representatives of the United States and to 
        the Committees on Agriculture and Appropriations 
        thereof.''.

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


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


          Note.--Section 3 of Public Law 84-962 [S. 3903], 70 
        Stat. 988, 7 U.S.C. 1701 note, approved August 3, 1956, 
        provides:
          ``Sales of fresh fruit and the products thereof under 
        title I of the Act shall be exempt from the 
        requirements of the cargo preference laws (Public 
        Resolution 17, Seventy-third Congress (15 U.S.C. 616a) 
        and section 901(b) of the Merchant Marine Act, 1936 (46 
        U.S.C. 1241 (b))).''.

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

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


          Note.--Section 709 of Public Law 89-321 [H.R. 9811] 
        (Food and Agriculture Act of 1965), 79 Stat. 1212, 7 
        U.S.C. 1446a-1, approved November 3, 1965, provides:
          ``The Secretary of Agriculture is hereby authorized 
        to use funds of the Commodity Credit Corporation to 
        purchase sufficient supplies of dairy products at 
        market prices to meet the requirements of any programs 
        for the schools (other than fluid milk in the case of 
        schools), domestic relief distribution, community 
        action,\157\ and such other programs as are authorized 
        by law, when there are insufficient stocks of dairy 
        products in the hands of Commodity Credit Corporation 
        available for these purposes.''.
---------------------------------------------------------------------------
    \157\The words ``foreign distribution'' which appeared at this 
point were struck out by sec. 3(B) of the Food for Peace Act of 1966, 
effective January 1, 1967. See also sec. 416 of the Agricultural Act of 
1949 which provides for, among other things, the donation of dairy 
products through foreign governments and public and nonprofit private 
humanitarian organizations.

---------------------------------------------------------------------------
=======================================================================


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


          Note.--Section 407 of the Agricultural Act of 1949, 
        as amended, and found at 7 U.S.C. 1427, provides the 
        minimum prices the Commodity Credit Corporation may 
        sell farm commodities owned or controlled by it.

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

      
       b. Federal Agriculture Improvement and Reform Act of 1996

Partial text of Public Law 104-127 [H.R. 2854], 110 Stat. 888, approved 
                             April 4, 1996

_______________________________________________________________________


          Note.--Amendments enacted in Public Law 104-127 to 
        other Acts relating to agriculture have been 
        incorporated into those Acts.

_______________________________________________________________________


    AN ACT To modify the operation of certain agricultural programs.

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

SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal 
Agriculture Improvement and Reform Act of 1996''.
---------------------------------------------------------------------------
    \1\7 U.S.C. 7201 note.
---------------------------------------------------------------------------
          * * * * * * *

                      TITLE II--AGRICULTURAL TRADE

Subtitle A--Amendments to Agricultural Trade Development and Assistance 
                    Act of 1954 and Related Statutes

          * * * * * * *

        Subtitle B--Amendments to Agricultural Trade Act of 1978

          * * * * * * *

        Subtitle C--Miscellaneous Agricultural Trade Provisions

          * * * * * * *

SEC. 282. SENSE OF CONGRESS CONCERNING MULTILATERAL DISCIPLINES ON 
                    CREDIT GUARANTEES.

    It is the sense of Congress that--
          (1) in negotiations to establish multilateral 
        disciplines on agricultural export credits and credit 
        guarantees, the United States should not agree to any 
        arrangement that is incompatible with the provisions of 
        United States law that authorize agricultural export 
        credits and credit guarantees;
          (2) in the negotiations (which are held under the 
        auspices of the Organization for Economic Cooperation 
        and Development), the United States should not reach 
        any agreement that fails to impose disciplines on the 
        practices of foreign government trading entities such 
        as the Australian Wheat Board, the Canadian Wheat 
        Board, the New Zealand Dairy Board, and the Australian 
        Dairy Board; and
          (3) the disciplines should include greater openness 
        in the operations of the entities as long as the 
        entities are subsidized by the foreign government or 
        have monopolies for exports of a commodity that are 
        sanctioned by the foreign government.

SEC. 283. INTERNATIONAL COTTON ADVISORY COMMITTEE.

    (a) In General.--The President shall ensure that the 
Government of the United States participates as a full member 
of the International Cotton Advisory Committee.
    (b) Representation by the Secretary.--The Secretary of 
Agriculture shall represent the Government of the United States 
as a member of the International Cotton Advisory Committee and 
shall delegate the primary responsibility to represent the 
Government of the United States to appropriately qualified 
individuals.
          * * * * * * *
         c. Enterprise for the Americas Initiative Act of 1992

    Partial text of Public Law 102-532 [H.R. 4059], 106 Stat. 3509, 
                       approved October 27, 1992

_______________________________________________________________________


          Note.--Amendments to title VI of the Agricultural 
        Trade Development and Assistance Act of 1954 enacted in 
        Public Law 102-532 have been incorporated into that 
        Act.

_______________________________________________________________________


 AN ACT To amend the Agricultural Trade Development and Assistance Act 
of 1954 to authorize additional functions within the Enterprise for the 
              Americas Initiative, 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 ``Enterprise for the Americas 
Initiative Act of 1992''.
---------------------------------------------------------------------------
    \1\7 U.S.C. 1691 note.
---------------------------------------------------------------------------

SEC. 2.\2\ GOOD NEIGHBOR ENVIRONMENTAL ACT OF 1992. * * *

SEC. 3.\3\ ANNUAL REPORTS TO THE CONGRESS. * * *

SEC. 4.\4\ CENTER FOR NORTH AMERICAN STUDIES.

    (a) Establishment.--The Secretary of Agriculture shall 
establish a center, to be known as the Center For North 
American Studies, whose primary purpose shall be to promote 
better agricultural relationships among Canada, Mexico, and the 
United States through cooperative study, training, and 
research.
---------------------------------------------------------------------------
    \2\Sec. 2 added new secs. 616-619 to title VI of the Agricultural 
Trade Development and Assistance Act of 1954 (7 U.S.C. 1738).
    \3\Sec. 3 amended sec. 614(a) of the Agricultural Trade Development 
and Assistance Act of 1954 (7 U.S.C. 1738mm(a)).
    \4\7 U.S.C. 3294.
---------------------------------------------------------------------------
    (b) Location.--The Institute shall be located at an 
institution of higher education or at a consortium of such 
institutions.
    (c) Authorization of Appropriations.--To carry out this 
section, there are authorized to be appropriated $10,000,000 
for fiscal year 1994 and such sums as may necessary for each of 
fiscal years 1995 and 1996.

SEC. 5. STUDY OF THE EFFECT OF FREE TRADE WITH LATIN AMERICAN AND 
                    CARIBBEAN COUNTRIES ON THE UNITED STATES ECONOMY.

    The President shall transmit to the Congress, not later 
than 8 months after the date of the enactment of this Act, a 
study describing--
          (1) in summary fashion, the likely effect on major 
        United States industries and other sectors, including 
        agriculture, that could be most affected by a 
        hemispherical free trade zone with Latin American and 
        Caribbean countries;
          (2) the regions in the United States that would be 
        most affected by a hemispherical free trade zone with 
        Latin American and Caribbean countries and, in summary 
        fashion, the nature of these effects;
          (3) the extent to which horticultural exports from 
        Latin American and Caribbean countries complement or 
        compete with United States production;
          (4) a country-by-country overview of recent economic 
        developments in Latin American and Caribbean countries 
        significantly influencing United States relations with 
        such countries, including present trade and investment 
        patterns in these regions;
          (5) the likely effect of a hemispherical free trade 
        zone with Latin American and Caribbean countries on the 
        United States economy and its multilateral 
        interrelationship with other countries in the region, 
        including Canada and Mexico;
          (6) the extent to which manufactured products 
        exported from Latin American and Caribbean countries 
        complement or compete with United States production; 
        and
          (7) the likely effects of a hemispherical free trade 
        zone with Latin American and Caribbean countries on 
        existing environmental, agricultural, labor, and 
        consumer protection laws and practices within the 
        United States and within the other countries included 
        in the zone.

SEC. 6.\5\ THE GOOD NEIGHBOR ENVIRONMENTAL BOARD.

    (a) Establishment.--The President shall establish an 
advisory board to be known as the Good Neighbor Environmental 
Board (hereinafter in this section referred to as the 
``Board'').
---------------------------------------------------------------------------
    \5\7 U.S.C. 5404.
---------------------------------------------------------------------------
    (b) Purpose.--The purpose of the Board shall be to advise 
the President and the Congress on the need for implementation 
of environmental and infrastructure projects (including 
projects that affect agriculture, rural development, and human 
nutrition) within the States of the United States contiguous to 
Mexico in order to improve the quality of life of persons 
residing on the United States side of the border.
    (c) Membership.--The Board shall be composed of--
          (1) representatives from the United States 
        Government, including a representative from the 
        Department of Agriculture and representatives from 
        other appropriate agencies;
          (2) representatives from the governments of the 
        States of Arizona, California, New Mexico, and Texas; 
        and
          (3) representatives from private organizations, 
        including community development, academic, health, 
        environmental, and other nongovernmental entities with 
        experience and expertise on environmental and 
        infrastructure problems along the southwest border.
    (d) Annual Reports to the President and Congress.--
          (1) In general.--The Board shall submit to the 
        President and the Congress of the United States an 
        annual report on--
                  (A) the environmental and infrastructure 
                projects referred to in subsection (a) that 
                have been implemented, and
                  (B) the need for the implementation of 
                additional environmental and infrastructure 
                projects.
          (2) Transmission of copies to board members.--The 
        Board shall--
                  (A) transmit to each member of the Board a 
                copy of any report to be submitted pursuant to 
                paragraph (1) at least 14 days before its 
                submission, and
                  (B) allow each member of the Board to have 14 
                days within which to prepare and submit 
                supplemental views with respect to the 
                recommendations of the Board for inclusion in 
                such report.
       d. Food, Agriculture, Conservation, and Trade Act of 1990

Partial text of Public Law 101-624 [S. 2830], 104 Stat. 3359, approved 
 November 28, 1990; amended by Public Law 102-237 [Food, Agriculture, 
 Conservation, and Trade Act Amendments of 1991; H.R. 3029], 105 Stat. 
 1818, approved December 13, 1991; and by Public Law 104-127 [Federal 
 Agriculture Improvement and Reform Act of 1996; H.R. 2854], 110 Stat. 
                      888, approved April 4, 1996

_______________________________________________________________________


          Note.--The Food, Agriculture, Conservation, and Trade 
        Act of 1990 amended several other Public Laws; these 
        amendments are incorporated into the texts of these 
        Acts at the appropriate locations. Title XV, the 
        Agricultural Development and Trade Act of 1990, may be 
        found at page 976; Title XXIV, the Global Climate 
        Change Prevention Act of 1990, may be found in 
        Legislation on Foreign Relations Through 1997, vol. IV, 
        sec. L. The one freestanding section of subtitle A of 
        title XV, the Mickey Leland Food for Peace Act, was 
        repealed in 1996.

_______________________________________________________________________


  AN ACT To extend and revise agricultural price support and related 
 programs, to provide for agricultural export, resource conservation, 
farm credit, and agricultural research and related programs, to ensure 
consumers an abundance of food and fiber at reasonable prices, 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; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Food, 
Agriculture, Conservation, and Trade Act of 1990''.
---------------------------------------------------------------------------
    \1\7 U.S.C. 1421 note.
---------------------------------------------------------------------------
          * * * * * * *

                            TITLE IX--SUGAR

          * * * * * * *

SEC. 903.\2\ REPORTS ON QUOTA ALLOCATIONS TO COUNTRIES IMPORTING SUGAR. 
                    * * *
---------------------------------------------------------------------------

    \2\Sec. 903 amended sec. 902(c) of the Food Security Act of 1985 (7 
U.S.C. 1446 note).
---------------------------------------------------------------------------
          * * * * * * *

                 TITLE XII--STATE AND PRIVATE FORESTRY

SEC. 1201.\3\ SHORT TITLE.
---------------------------------------------------------------------------

    \3\16 U.S.C. 2101 note.
---------------------------------------------------------------------------
  This title may be cited as the ``Forest Stewardship Act of 
1990''.
          * * * * * * *

                   Subtitle B--Research and Education

          * * * * * * *

                    CHAPTER 2--SPECIALIZED RESEARCH

          * * * * * * *

SEC. 1247.\4\ INTERNATIONAL FOREST PRODUCTS TRADE INSTITUTE.

  (a) Establishment.--The Secretary of Agriculture may 
establish an International Forest Products Trade Institute 
(hereafter in this section referred to\5\ as the 
``Institute'').
---------------------------------------------------------------------------
    \4\16 U.S.C. 2112 note.
    \5\Sec. 1018(c) of Public Law 102-237 (105 Stat. 1905) struck out 
``in this section'' here.
---------------------------------------------------------------------------
  (b) Mission.--The mission of the Institute will be to 
increase the competitive position of the forest industries of 
the northeastern United States as major producers of 
international forest products in order to increase domestic 
employment and stimulate rural development, and to provide a 
knowledgeable, objective analysis of global forest resource 
problems.
  (c) Functions.--The Institute shall--
          (1) emphasize the application of existing knowledge 
        to the manufacturing and international marketing of 
        forest products as well as conduct new research related 
        to the competitiveness of the northeastern forest 
        products industry;
          (2) study and evaluate domestic and international 
        forest, forest sector, agroforestry, development, 
        economic, and trade policies;
          (3) design, analyze and test technologically 
        appropriate manufacturing, processing and marketing 
        systems which are supportive of and consistent with 
        forest policy and management strategies formulated by 
        the Institute and which enhance opportunities for 
        markets in forest products; and
          (4) formulate and test management strategies for--
                  (A) United States forests, and
                  (B) manufacturing facilities that promote 
                ecologically sustainable use, and long-term 
                management, of international forests.
  (d) Authorization of Appropriations.--There are authorized to 
be appropriated such sums as may be necessary to carry out the 
purposes of this section.
          * * * * * * *

             TITLE XIII--FRUITS, VEGETABLES, AND MARKETING

                   Subtitle A--Fruits and Vegetables

          * * * * * * *

SEC. 1308. MARKETING ORDERS.

  Section 8e of the Agricultural Adjustment Act (7 U.S.C. 608e-
1), reenacted with amendments by the Agricultural Marketing 
Agreement Act of 1937, is amended by--
          (1) striking ``(a) Notwithstanding any other 
        provision of law,'' in the first sentence, and 
        inserting in its place ``(a) Subject to the provisions 
        of subsections (c) and (d) and notwithstanding any 
        other provision of law,'';
          (2) adding at the end thereof the following new 
        subsections:
  ``(c) Prior to any import prohibition or regulation under 
this section being made effective with respect to any 
commodity--
          ``(1) the Secretary of Agriculture shall notify the 
        United States Trade Representative of such import 
        prohibition or regulation; and
          ``(2) the United States Trade Representative shall 
        advise the Secretary of Agriculture, within 60 days of 
        the notification under paragraph (1), to ensure that 
        the application of the grade, size, quality, and 
        maturity provisions of the relevant marketing order, or 
        comparable restrictions, to imports is not inconsistent 
        with United States international obligations under any 
        trade agreement, including the General Agreement on 
        Tariffs and Trade.
  ``(d) The Secretary may proceed with the proposed prohibition 
or regulation if the Secretary receives the advice and 
concurrence of the United States Trade Representative within 60 
days of the notification under subsection (c)(1).''.
          * * * * * * *

                      TITLE XV--AGRICULTURAL TRADE

SEC. 1501.\6\ SHORT TITLE.

  This title may be cited as the ``Agricultural Development and 
Trade Act of 1990''.
---------------------------------------------------------------------------
    \6\7 U.S.C. 1691 note. For text of the freestanding sections of the 
Agricultural Development and Trade Act of 1990, see page 976.
---------------------------------------------------------------------------

 Subtitle A--Agricultural Trade Development and Assistance Act of 1954

SEC. 1511.\7\ SHORT TITLE.

  This subtitle may be cited as the ``Mickey Leland Food for 
Peace Act''.
---------------------------------------------------------------------------
    \7\7 U.S.C. 1691 note. The one freestanding section of the Mickey 
Leland Food for Peace Act, sec. 1517--Debt-for-Health-and Protection 
Swap, was repealed by sec. 265 of the Federal Agriculture Improvement 
and Reform Act of 1996 (Public Law 104-127; 110 Stat. 974).
---------------------------------------------------------------------------

SEC. 1512.\8\ AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF 
                    1954.

  The Agricultural Trade Development and Assistance Act of 1954 
(7 U.S.C. 1691 et seq.) is amended to read as follows:
---------------------------------------------------------------------------
    \8\Sec. 1512 amended the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1691 et seq.).
---------------------------------------------------------------------------
          * * * * * * *

                          TITLE XVI--RESEARCH

        Subtitle A--Extensions and Changes to Existing Programs

          * * * * * * *

SEC. 1613. INTERNATIONAL AGRICULTURAL SCIENCE, EDUCATION, AND 
                    DEVELOPMENT AND INTERNATIONAL TRADE DEVELOPMENT 
                    CENTERS.

  (a) Science, Education, and Development.--Subsection (a) of 
section 1458 of the National Agricultural Research, Extension, 
and Teaching Policy Act of 1977 (7 U.S.C. 3291(a)) is amended 
to read as follows:
  ``(a) Authority of the Secretary.--To carry out the policy of 
this subtitle, the Secretary (in consultation with the Agency 
for International Development and subject to such coordination 
with other Federal officials, Departments, and agencies as the 
President may direct) may--
          ``(1) expand the operational coordination of the 
        Department of Agriculture with institutions and other 
        persons throughout the world performing agricultural 
        and related research and extension activities by--
                  ``(A) exchanging research materials and 
                results with the institutions or persons; and
                  ``(B) conducting with the institutions or 
                persons joint or coordinated research and 
                extension on problems of significance to food 
                and agriculture in the United States;
          ``(2) enter into cooperative arrangements with 
        Departments and Ministries of Agriculture in other 
        nations to conduct research, extension, and education 
        activities in support of the development of a viable 
        and sustainable global agricultural system, including 
        efforts to establish a global system for plant genetic 
        resources conservation;
          ``(3) enter into agreements with land-grant colleges 
        and universities, the Agency for International 
        Development, and international organizations (such as 
        the United Nations, World Bank, regional development 
        banks, the International Agricultural Research Center), 
        or other organizations, institutions or individuals 
        with comparable goals, to promote and support the 
        development of a viable and sustainable global 
        agricultural system;
          ``(4) further develop within the Department highly 
        qualified and experienced scientists and experts who 
        specialize in international programs, to be available 
        to carry out the activities described in this section;
          ``(5) work with transitional and more advanced 
        countries in food, agricultural, and related research, 
        development, and extension (including providing 
        technical assistance, training, and advice to persons 
        from the countries engaged in the activities and the 
        stationing of scientists and other specialists at 
        national and international institutions in the 
        countries);
          ``(6) expand collaboration and coordination with the 
        Agency for International Development regarding food and 
        agricultural research, extension, and education 
        programs in developing countries;
          ``(7) assist colleges and universities in 
        strengthening their capabilities for food, 
        agricultural, and related research and extension that 
        is relevant to agricultural development activities in 
        other countries through--
                  ``(A) the provision of support to State 
                universities and land-grant colleges and 
                universities to do collaborative research with 
                other countries on issues relevant to United 
                States agricultural competitiveness;
                  ``(B) the provision of support for 
                cooperative extension education in global 
                agriculture and to promote the application of 
                new technology developed in foreign countries 
                to United States agriculture; and
                  ``(C) the provision of support for the 
                internationalization of resident instruction 
                programs of the universities and colleges 
                described in subparagraph (A); and
          ``(8) continue,\9\ in cooperation with the Secretary 
        of State, a program, coordinated\9\ through the 
        International Arid Land Consortium, to enhance 
        collaboration and cooperation between institutions 
        possessing research capabilities applied to the 
        development, management, and reclamation of arid 
        lands.''.
---------------------------------------------------------------------------
    \9\Sec. 816 of Public Law 104-127 (110 Stat. 1167) struck out 
``establish'' and inserted in lieu thereof ``continue'', and struck out 
``to be'' before ``coordinated'' in sec. 1458(a) of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977.
---------------------------------------------------------------------------
          * * * * * * *

             Subtitle H--Miscellaneous Research Provisions

          * * * * * * *
---------------------------------------------------------------------------
    \10\Formerly at 7 U.S.C. 5931. Sec. 865 of Public Law 104-127 (110 
Stat. 1174) repealed sec. 1678, which had authorized the Secretary of 
Agriculture to provide at least two special grants to land-grant 
colleges and universities to conduct a study evaluating the trade 
impacts of technical barriers, quality factors, and end-use 
characteristics in agricultural trade to determine whether such factors 
are consistent between commodities.
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SEC. 1678.\10\ * * * [REPEALED--1996]

          * * * * * * *

                 TITLE XXIV--GLOBAL CLIMATE CHANGE\11\

          * * * * * * *
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    \11\Title XXIV, the ``Global Climate Change Prevention Act of 
1990'', may be found in Legislation on Foreign Relations Through 1997, 
vol. IV, sec. L.
           e. Agricultural Development and Trade Act of 1990

 Title XV of Public Law 101-624 [Food, Agriculture, Conservation, and 
Trade Act of 1990; S. 2830], 104 Stat. 3359 at 3632, approved November 
      28, 1990; amended by Public Law 102-237 [Food, Agriculture, 
 Conservation, and Trade Act Amendments of 1991; H.R. 3029], 105 Stat. 
 1818, approved December 13, 1991; Public Law 102-511 [FREEDOM Support 
 Act, S. 2532], 106 Stat. 3320, approved October 24, 1992; Public Law 
 102-583 [International Narcotics Control Act of 1992; H.R. 6187], 106 
   Stat. 4914, approved November 2, 1992; Public Law 103-182 [North 
American Free Trade Agreement Implementation Act; H.R. 3450], 107 Stat. 
  2057, approved December 8, 1993; Public Law 104-66 [Federal Reports 
 Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, approved 
   December 21, 1995; and by Public Law 104-127 [Federal Agriculture 
Improvement and Reform Act of 1996; H.R. 2854], 110 Stat. 888, approved 
                             April 4, 1996

_______________________________________________________________________


          Note.--The Food, Agriculture, Conservation, and Trade 
        Act of 1990 amended several other Public Laws; these 
        amendments are incorporated into the texts of these 
        Acts at the appropriate locations. Title XV appears 
        here as the Agricultural Development and Trade Act of 
        1990. Freestanding sections of Public Law 101-624 may 
        be found at page 971; title XXIV, the Global Climate 
        Change Prevention Act of 1990, may be found in 
        Legislation on Foreign Relations Through 1997, vol. IV, 
        sec. L. The one freestanding section of subtitle A of 
        title XV, the Mickey Leland Food for Peace Act, was 
        repealed in 1996.

_______________________________________________________________________


  AN ACT To extend and revise agricultural price support and related 
 programs, to provide for agricultural export, resource conservation, 
farm credit, and agricultural research and related programs, to ensure 
consumers an abundance of food and fiber at reasonable prices, and for 
                            other purposes.

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

                      TITLE XV--AGRICULTURAL TRADE

SEC. 1501.\1\ SHORT TITLE.

  This title may be cited as the ``Agricultural Development and 
Trade Act of 1990''.
---------------------------------------------------------------------------
    \1\7 U.S.C. 1691 note.
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 Subtitle A--Agricultural Trade Development and Assistance Act of 1954

SEC. 1511.\2\ SHORT TITLE.

  This subtitle may be cited as the ``Mickey Leland Food for 
Peace Act''.
---------------------------------------------------------------------------
    \2\7 U.S.C. 1691 note. The one freestanding section of the Mickey 
Leland Food for Peace Act, sec. 1517--Debt-for-Health-and-Protection 
Swap, was repealed by sec. 265 of the Federal Agriculture Improvement 
and Reform Act of 1996 (Public Law 104-127; 110 Stat. 974).
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SEC. 1512.\3\ AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF 
                    1954.

  The Agricultural Trade Development and Assistance Act of 1954 
(7 U.S.C. 1691 et seq.) is amended to read as follows:
---------------------------------------------------------------------------
    \3\Sec. 1512 amended the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1691 et seq.).
---------------------------------------------------------------------------
          * * * * * * *

                      Subtitle C--Export Promotion

SEC. 1531.\4\ AMENDMENT TO THE AGRICULTURAL TRADE ACT OF 1978.
---------------------------------------------------------------------------

    \4\Sec. 1531 amended the Agricultural Trade Act of 1978 (7 U.S.C. 
1761 et seq.).
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          * * * * * * *

                     Subtitle D--General Provisions

          * * * * * * *

SEC. 1542.\5\ PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING MARKETS.

    (a) Funding.--The Commodity Credit Corporation shall make 
available for fiscal years 1996 through 2002 not less than 
$1,000,000,000 of direct credits or export credit guarantees 
for exports to emerging markets under section 201 or 202 of the 
Agricultural Trade Act of 1978 (7 U.S.C. 5621 and 5622), in 
addition to the amounts acquired or authorized under section 
211 of the Act (7 U.S.C. 5641) for the program.
---------------------------------------------------------------------------
    \5\7 U.S.C. 5622 note. Sec. 277(a)(1)(A) of Public Law 104-127 (110 
Stat. 977) struck out ``EMERGING DEMOCRACIES'' from the section 
catchline, and inserted in lieu thereof ``EMERGING MARKETS''. Sec. 
277(a)(2) of that Act amended and restated subsec. (a), which had 
formerly read, as amended, as follows:
    ``(a) Guarantees To Be Made Available.--The Commodity Credit 
Corporation, for the fiscal years 1991 through 1995 shall make 
available not less than $1,000,000,000 of direct credits or export 
credit guarantees for exports to emerging democracies under section 201 
or 202 of the Agricultural Trade Act of 1978, in addition to the 
amounts required or authorized under section 211 of that Act for such 
program.''.
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  (b)\6\ Facilities and Services.--A portion of such export 
credit guarantees shall be made available\7\ for--
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    \6\Sec. 706(2)(A) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3350) struck out the subsec. heading ``Improvement of 
Facilities.--'' and inserted in lieu thereof ``Facilities and 
Services.--''.
    \7\Sec. 706(2)(B) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3350) struck out ``for the establishment or improvement by 
United States persons of facilities in emerging democracies'' following 
``shall be made available'' and inserted in lieu thereof ``for--'' and 
par. (1) and (2), through ``by United States persons''.
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          (1) the establishment or improvement of facilities, 
        or
          (2) the provision of services or United States 
        produced goods,
in emerging markets\8\ by United States persons\7\ to improve 
handling, marketing, processing, storage, or distribution of 
imported agricultural commodities and products thereof if the 
Secretary of Agriculture determines that such guarantees will 
primarily promote the export of United States agricultural 
commodities (as defined in section 102(7)\9\ of the 
Agricultural Trade Act of 1978). The\10\ Commodity Credit 
Corporation shall give priority under this subsection to--
---------------------------------------------------------------------------
    \8\Sec. 277(a)(1)(B) of Public Law 104-127 (110 Stat. 977) struck 
out ``emerging democracies'' each place it appeared in subsecs. (b), 
(d), and (e), and inserted in lieu thereof ``emerging markets''.
    \9\Sec. 277(a)(4) of Public Law 104-127 (110 Stat. 978) struck out 
``section 101(6)'' and inserted in lieu thereof ``section 102(7)''.
    \10\Sec. 706(2)(C) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3350) struck out the last sentence which read ``The Commodity 
Credit Corporation shall give priority under this subsection to 
opportunities or projects identified under subsection (d).'', and 
inserted in lieu thereof ``The Commodity Credit Corporation shall give 
priority under this subsection--'' to the end of the subsection. 
Subsequently, sec. 277(a)(3)(A) of Public Law 104-127 (110 Stat. 977) 
amended and restated the last sentence.
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                  (A) projects that encourage the 
                privatizations of the agricultural sector or 
                that benefit private farms or cooperatives in 
                emerging markets; and
                  (2) projects for which nongovernmental 
                persons agree to assume a relatively larger 
                share of the costs.
  (c) Consultations.--Before the authority under this section 
is exercised, the Secretary of Agriculture shall consult with 
exporters of United States agricultural commodities (as defined 
in section 102(7)\9\ of the Agricultural Trade Act of 1978), 
nongovernmental experts, and other Federal Government agencies 
in order to ensure that facilities in an emerging market\11\ 
for which financing is guaranteed under paragraph (1)(B) do not 
primarily benefit countries which are in close geographic 
proximity to that emerging market.\11\
---------------------------------------------------------------------------
    \11\Sec. 277(a)(1)(C) of Public Law 104-127 (110 Stat. 977) struck 
out ``emerging democracy'' and inserted in lieu thereof ``emerging 
market''.
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  (d)\12\ E (Kika) de la Garza Agricultural Fellowship 
Program.--The Secretary of Agriculture (hereafter in this 
section referred to as the ``Secretary'') shall establish a 
program, to be known as the ``E (Kika) de la Garza Agricultural 
Fellowship Program'', to develop agricultural markets in 
emerging markets\8\ and to promote cooperation and exchange of 
information between agricultural institutions and 
agribusinesses in the United States and emerging markets,\13\ 
as follows:
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    \12\Sec. 338(1) of Public Law 102-237 (105 Stat. 1859) struck out 
subsec. (d) heading, which had read ``Sharing United States 
Agricultural Expertise.'', inserted a new heading and new text through 
heading of first par. (1).
    Sec. 338 of Public Law 102-237 further restated this subsection, 
and added a new par. (2) to establish the Agricultural Information 
Program.
    \13\Sec. 277(a)(3)(B)(i) of Public Law 104-127 (110 Stat. 977) 
struck out ``the Soviet Union'' and inserted in lieu thereof ``emerging 
markets''.
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          (1) Development of agricultural systems.--
                  (A) In general.--
                          (i) Establishment of program.--For 
                        each of the fiscal years 1991 through 
                        2002,\14\ the Secretary of Agriculture 
                        (hereafter in this section referred to 
                        as the ``Secretary''), in order to 
                        develop, maintain, or expand markets 
                        for United States agricultural exports, 
                        is directed to make available to 
                        emerging markets\8\ the expertise of 
                        the United States to make assessments 
                        of the food and rural business systems 
                        needs of such democracies,\15\ make 
                        recommendations on measures necessary 
                        to enhance the effectiveness of the 
                        systems, including potential reductions 
                        in trade barriers, and identify and 
                        carry out\16\ specific opportunities 
                        and projects to enhance the 
                        effectiveness of those systems.
---------------------------------------------------------------------------
    \14\Sec. 277(a)(3)(B)(ii)(I)(aa) of Public Law 104-127 (110 Stat. 
978) struck out ``1995'' and inserted in lieu thereof ``2002''.
    \15\Reference to ``democracies'' should probably have been amended 
to read ``markets'' in keeping with other amendments to this section by 
sec. 277 of Public Law 104-127.
    \16\Sec. 277(a)(3)(B)(ii)(I)(bb) of Public Law 104-127 (110 Stat. 
977) struck out ``those systems, and identify'' and inserted in lieu 
thereof ``the systems, including potential reductions in trade 
barriers, and identify and carry out''.
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                          (ii) Extent of program.--The 
                        Secretary shall implement this 
                        paragraph with respect to at least 3 
                        emerging markets\8\ in each fiscal 
                        year.
                  (B) Experts from the united states.--The 
                Secretary may\17\ implement the requirements of 
                subparagraph (A)--
---------------------------------------------------------------------------
    \17\Sec. 277(a)(3)(B)(ii)(II) of Public Law 104-127 (110 Stat. 978) 
struck out ``shall'' and inserted in lieu thereof ``may''.
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                          (i) by providing assistance to teams 
                        consisting primarily of agricultural 
                        consultants, farmers, other persons 
                        from the private sector,\18\ and 
                        government officials expert in 
                        assessing the food and rural business 
                        systems of other countries to enable 
                        such teams to conduct the assessments, 
                        make the recommendations, and identify 
                        the opportunities and projects 
                        specified in subparagraph (A) in 
                        emerging markets;\8\
---------------------------------------------------------------------------
    \18\Sec. 706(3) of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3350) inserted ``, farmers, other persons from the private 
sector,'' after ``agricultural consultants''.
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                          (ii) by providing necessary 
                        subsistence expenses in the United 
                        States and necessary transportation 
                        expenses by individuals designated by 
                        emerging markets\8\ to enable such 
                        individuals to consult with food and 
                        rural business system experts in the 
                        United States to enhance such systems 
                        of such emerging markets;\19\ and
---------------------------------------------------------------------------
    \19\Sec. 277(a)(1)(B) of Public Law 104-127 (110 Stat. 977) struck 
out ``emerging democracies'' each place it appeared in subsecs. (b), 
(d), and (e), and inserted in lieu thereof ``emerging markets''.
---------------------------------------------------------------------------
                          (iii) by providing for necessary 
                        subsistence expenses in emerging 
                        markets\19\ and necessary 
                        transportation expenses of United 
                        States agricultural producers and other 
                        individuals knowledgeable in 
                        agricultural and agribusiness matters 
                        to assist in transferring their 
                        knowledge and expertise to entities in 
                        emerging markets.\19\
                  (C) Cost-sharing.--The Secretary shall 
                encourage the nongovernmental experts described 
                in subparagraph (B) to share the costs of, and 
                otherwise assist in, the participation of such 
                experts in the program under this paragraph.
                  (D)\20\ Technical assistance.--The Secretary 
                is authorized to provide, or pay the necessary 
                costs for, technical assistance (including the 
                establishment of extension services)\21\ to 
                enable individuals or other entities to 
                implement the recommendations or to carry out 
                the opportunities and projects identified under 
                paragraph (1)(A). Notwithstanding any other 
                provision of law, the assistance shall include 
                assistance for administrative and overhead 
                expenses of the International Cooperation and 
                Development Program Area of the Foreign 
                Agriculture Service, to the extent that the 
                expenses were incurred pursuant to reimbursable 
                agreements entered into prior to September 30, 
                1993, the expenses do not exceed $2,000,000 per 
                year, and the expenses are not incurred for 
                information technology systems.\22\
---------------------------------------------------------------------------
    \20\Sec. 706(4) of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3350) restated subpar. (D), which had read as follows:
    ``(D) Technical assistance.--The Secretary is authorized to provide 
technical assistance to implement the recommendations, or in connection 
with the opportunities or projects identified, under subparagraph 
(A).''.
    \21\Sec. 277(a)(3)(B)(ii)(III) of Public Law 104-127 (110 Stat. 
978) inserted ``(including the establishment of extension services)'' 
after ``technical assistance''.
    \22\Sec. 278 of Public Law 104-127 (110 Stat. 979) added the last 
sentence to subpar. (D).
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                  (E) Reports to secretary.--A team that 
                receives assistance under subparagraph (B) 
                shall prepare such reports as the Secretary may 
                designate.
                  (F)\23\ Advisory committee.--To provide the 
                Secretary with information that may be useful 
                to the Secretary in carrying out the provisions 
                of this paragraph, the Secretary shall 
                establish an advisory committee composed of 
                representatives of the various sectors of the 
                food and rural business systems of the United 
                States.
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    \23\Sec. 277(a)(3)(B)(ii)(IV) of Public Law 104-127 (110 Stat. 978) 
struck out subpara. (F), which had required the Secretary of 
Agriculture to report to Congress annually on activities carried out 
under this paragraph. Sec. 277(a)(3)(B)(ii)(V) redesignated subparas. 
(G), (H), and (I), as subparas. (F), (G), and (H), respectively.
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                  (G)\23\ Use of ccc.--The Secretary shall 
                implement this paragraph through the funds and 
                facilities of the Commodity Credit Corporation. 
                The authority provided under this paragraph 
                shall be in addition to and not in place of any 
                other authority of the Secretary or the 
                Commodity Credit Corporation.
                  (H)\23\ Level of assistance.--The Secretary 
                shall provide assistance under this paragraph 
                of not more than $10,000,000 in any fiscal 
                year.
          (2) Agricultural information program.--
                  (A) Establishment of program.--The Secretary 
                shall establish a program, administered to 
                complement the emerging markets\19\ export 
                promotion program developed under this section, 
                to initiate and develop collaboration between 
                the United States Department of Agriculture, 
                United States agribusinesses, and appropriate 
                agricultural institutions in emerging 
                markets\24\ in order to promote the exchange of 
                information and resources that will make a 
                long-term contribution to the establishment of 
                free market food production and distributions 
                systems\25\ in emerging markets\24\ and the 
                enhancement of agricultural trade with the 
                United States.
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    \24\Sec. 277(a)(3)(B)(iii)(I) of Public Law 104-127 (110 Stat. 978) 
struck out ``the Soviet Union'' throughout para. (2), and inserted in 
lieu thereof ``emerging markets''.
    \25\Sec. 277(a)(3)(B)(iii)(II) of Public Law 104-127 (110 Stat. 
978) struck out ``a free market food production and distribution 
system'' and inserted in lieu thereof ``free market food production and 
distribution systems''.
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                  (B) Implementation.--The Secretary shall draw 
                on the Department of Agriculture's experience 
                to design, implement, and evaluate, on a cost-
                sharing basis with cooperating agricultural 
                institutions, a program to--
                          (i) compile, through contacts with 
                        the governments\26\ of emerging 
                        markets\24\ and private sector 
                        officials in emerging markets,\24\, 
                        list of their agricultural 
                        institutions, including the location, 
                        capabilities, and needs of the 
                        institutions;
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    \26\Sec. 277(a)(3)(B)(iii)(III)(aa) of Public Law 104-127 (110 
Stat. 978) struck out ``Government'' and inserted in lieu thereof 
``governments''.
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                          (ii) make such information available 
                        through an appropriate agency of the 
                        Department of Agriculture to 
                        agribusinesses and agricultural 
                        institutions in the United States and 
                        other agencies of the United States 
                        Government; and
                          (iii) carry out a program--
                                  (I) to review available 
                                agricultural information 
                                resources, to determine which 
                                would be useful for the 
                                purposes of this program;
                                  (II) to arrange for the 
                                exchange of persons associated 
                                with such agricultural 
                                institutions and agribusinesses 
                                with experience or interest in 
                                the areas of need identified in 
                                clause (i);\27\
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    \27\Sec. 277(a)(3)(B)(iii)(III) of Public Law 104-127 (110 Stat. 
978) struck out ``and'' at the end of subclause (II); struck the period 
at the end of subclause (III) and inserted in lieu thereof ``; and''; 
and added a new subclause (IV).
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                                  (III) to help establish 
                                contacts between agricultural 
                                entrepreneurs and businesses in 
                                the United States and emerging 
                                markets,\24\ which may include 
                                individuals and entities 
                                participating in the program 
                                established under paragraph 
                                (1), to facilitate cooperation 
                                and joint enterprises; and\27\
                                  (IV)\27\ to provide for the 
                                exchange of administrators and 
                                faculty members from 
                                agricultural and other 
                                institutions to strengthen and 
                                revise educational programs in 
                                agricultural economics, 
                                agribusiness, and agrarian law, 
                                to support change towards a 
                                free market economy in emerging 
                                markets.
                  (C) Consultation and coordination.--The 
                Secretary shall consult and coordinate with the 
                Secretary of State and the Agency for 
                International Development in the formulation 
                and implementation of this program in 
                conjunction with overall assistance to emerging 
                markets.\24\
                  (D)\28\ Authorization for appropriations.--
                There are authorized to be appropriated such 
                sums as may be necessary to carry out the 
                program established under this paragraph.
---------------------------------------------------------------------------
    \28\Sec. 277(a)(3)(B)(iii)(IV) and (V) of Public Law 104-127 (110 
Stat. 978) struck out subpara. (D), and redesignated subpara. (E) as 
subpara. (D). Sec. 277(a)(3)(B)(iv) of that Act struck out para. (3), 
which had authorized the Secretary of Agriculture to grant fellowships 
to individuals from countries that are parties to the North American 
Free Trade Agreement to study agriculture in the United States, and to 
individuals in the United States to study agriculture in other NAFTA 
countries. The para. had been added by sec. 321(g) of the North 
American Free Trade Agreement Implementation Act (Public Law 103-182; 
107 Stat. 2112).
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  (e) Foreign Debt Burdens.--
          (1) Effect of credits.--In carrying out the program 
        described in subsection (a), the Secretary of 
        Agriculture shall ensure that the credits for which 
        repayment is guaranteed under subsection (a) do not 
        negatively affect the political and economic situation 
        in emerging markets\19\ by excessively adding to the 
        foreign debt burdens of such countries.
          (2) Consultation and report.--Subject to section 217 
        of the Department of Agriculture Reorganization Act of 
        1994 (7 U.S.C. 6917), not\29\ later than 6 months after 
        the effective date of this title, and not later than 
        the end of each 6-month period occurring thereafter, 
        the Secretary of Agriculture, in consultation with 
        other appropriate Federal departments, shall prepare 
        and transmit to the Committee on Foreign Affairs\30\ 
        and the Committee on Agriculture of the House of 
        Representatives, and the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate a report to 
        assist the Congress in assessing the extent to which 
        credits for which repayment is guaranteed under 
        subsection (a) meet the requirements of paragraph (1). 
        The report shall include--
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    \29\Sec. 277(a)(5) of Public Law 104-127 (110 Stat. 978) struck out 
``Not'' and inserted in lieu thereof ``Subject to section 217 of the 
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6917), 
not''.
    \30\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 amount and allocation, by country, of 
                credit guarantees issued under subsection (a);
                  (B) the aggregate foreign debt burdens of 
                countries receiving commodities or facilities 
                under such credit guarantees, expressed in 
                terms of debt on account of agricultural 
                commodities or products thereof, or facilities 
                for which guarantees may be made under 
                subsection (a)(1)(B), and all other debt;
                  (C) the activities of creditor governments 
                and private creditors to reschedule or reduce 
                payments due on existing debt owed to such 
                creditors by a country in cases where such 
                country has been unable to fully meet its debt 
                obligations; and
                  (D) an analysis of--
                          (i) the economic effects of the 
                        foreign debt burden of each recipient 
                        country, and in particular the economic 
                        effects on each recipient country of 
                        the credits for which repayment is 
                        guaranteed under subsection (a); and
                          (ii) the relationship between any 
                        negative economic effects on any 
                        recipient country caused by its overall 
                        foreign debt burden and debt incurred 
                        under subsection (a) and such country's 
                        political stability.
  (f)\31\ Emerging Market.--In this section and section 1543, 
the term ``emerging market'' means any country that the 
Secretary determines--
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    \31\Sec. 277(a)(1)(D) of Public Law 104-127 (110 Stat. 977) amended 
and restated subsec. (f). Prior to this amendment, authority to 
determine what countries were taking steps toward political pluralism, 
certain economic reforms, respect for international recognized human 
rights, and a friendly relationship with the United States, rested with 
the President. On August 10, 1995, the President determined:
    ``that the following countries are taking steps set forth in 
section 1542(f) of the Act to qualify as emerging democracies for 
purposes of that section:
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          ``Albania, Bangladesh, Belarus, Bosnia and Herzegovina, 
        Bulgaria, Cambodia, Croatia, Czech Republic, Egypt, El 
        Salvador, Estonia, the former Yugoslav Republic of Macedonia, 
        Ghana, Guatemala, Hungary, Jordan, Kazakhstan, Latvia, 
        Lithuania, Morocco, Namibia, Nicaragua, Pakistan, Panama, the 
        Philippines, Poland, Romania, Russia, Slovak Republic, 
        Slovenia, South Africa, Tanzania, Tunisia, Ukraine, Yemen, and 
        Zimbabwe.
---------------------------------------------------------------------------
    ``In making this determination, I have considered the eligibility 
only of those countries for which programs are underway or currently 
contemplated by the Department of Agriculture.'' (Presidential 
Determination No. 95-35; 60 F.R. 44723).
---------------------------------------------------------------------------
          (1) is taking steps toward a market-oriented economy 
        through the food, agriculture, or rural business 
        sectors of the economy of the country; and
          (2) has the potential to provide a viable and 
        significant market for United States agricultural 
        commodities or products of United States agricultural 
        commodities.

SEC. 1543.\32\ AGRICULTURAL FELLOWSHIP PROGRAM FOR MIDDLE INCOME 
                    COUNTRIES, EMERGING DEMOCRACIES, AND EMERGING 
                    MARKETS.

  (a) Establishment.--The Secretary of Agriculture shall 
establish a fellowship program for,\33\ to be known as the 
``Cochran Fellowship Program'', to provide fellowships to 
individuals from eligible countries (as determined under 
subsection (b))\33\ who specialize in agriculture for study in 
the United States.
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    \32\7 U.S.C. 3293. Sec. 277(b)(1) of Public Law 104-127 (110 Stat. 
979) struck out ``middle income countries and emerging democracies'' 
from the section catchline, and inserted in lieu thereof ``middle 
income countries, emerging democracies, and emerging markets''.
    \33\Sec. 705(a)(1) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3349) struck out ``middle income countries and emerging 
democracies'' after ``program for,'' and inserted ``(as determined 
under subsection (b))'' after ``eligible countries''. Should read `` * 
* * a fellowship program to be known as * * *''.
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  (b) Eligible Countries.--Countries described in any of the 
following paragraphs\34\ shall be eligible to participate in 
the program established under this section:
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    \34\Sec. 705(a)(2)(A) of the FREEDOM Support Act (Public Law 102-
511; 106 Stat. 3349) struck out ``that meet the following 
requirements'' after ``Countries'', and inserted in lieu thereof 
``described in any of the following paragraphs''.
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          (1) Middle-income country.--A country that has 
        developed economically to the point where it no longer 
        qualifies for bilateral foreign aid assistance from the 
        United States because its per capita income level 
        exceeds the eligibility requirements of such assistance 
        programs (hereafter referred to in this section as a 
        ``middle-income'' country).
          (2) Ongoing relationship.--A middle-income country 
        that has never qualified for bilateral foreign aid 
        assistance from the United States, but with respect to 
        which an ongoing relationship with the United States, 
        including technical assistance and training, would 
        provide mutual benefits to such country and the United 
        States.
          (3) Type of government.--A country that has recently 
        begun the transformation of its system of government 
        from a non-representative type of government to a 
        representative democracy and that is encouraging 
        democratic institution building, and the cultural 
        values, institutions, and organizations of democratic 
        pluralism.
          (4)\35\ Independent states of the former soviet 
        union.--A country that is an independent state of the 
        former Soviet Union (as defined in section 102(8) of 
        the Agricultural Trade Act of 1978 (7 U.S.C. 5602(8)), 
        to the extent that the Secretary of Agriculture 
        determines that such country should be eligible to 
        participate in the program established under this 
        section.
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    \35\Sec. 705(a)(2)(B) of the FREEDOM Support Act (Public Law 102-
511; 106 Stat. 3349) added paragraph (4).
---------------------------------------------------------------------------
          (5)\36\Emerging market.--Any emerging market, as 
        defined in section 1542(f).
---------------------------------------------------------------------------
    \36\Sec. 277(b)(2) of Public Law 104-127 (110 Stat. 979) added 
para. (5).
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  (c) Purpose of the Fellowships.--Fellowships under this 
section shall be provided to permit the recipients to gain 
knowledge and skills that will--
          (1) assist eligible countries to develop agricultural 
        systems necessary to meet the food and fiber needs\37\ 
        of their domestic populations; and
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    \37\Sec. 277(b)(3) of Public Law 104-127 (110 Stat. 979) struck out 
``food needs'' and inserted in lieu thereof ``food and fiber needs''.
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          (2) strengthen and enhance trade linkages between 
        eligible countries and agricultural interests in the 
        United States.
  (d) Individuals Who May Receive Fellowships.--The Secretary 
shall utilize the expertise of United States agricultural 
counselors, trade officers, and commodity trade promotion 
groups working in participating countries to help identify 
program candidates for fellowships under this section from both 
the public and private sectors of those countries. The 
Secretary may provide fellowships under the program authorized 
by this section to private agricultural producers from eligible 
countries.\38\
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    \38\Sec. 705(b) of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3350) added the last sentence in subsec. (d).
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  (e) Program Implementation.--The Secretary shall consult with 
other United States Government agencies, United States 
universities, and the private agribusiness sector, as 
appropriate, to design and administer training programs to 
accomplish the objectives of the program\39\ established under 
this section.
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    \39\Sec. 1002 of Public Law 102-237 (105 Stat. 1894) struck out 
``Program'' and inserted in lieu thereof ``program''.
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  (f) Authorization of Appropriations.--There are authorized to 
be appropriated without fiscal year limitation such sums as may 
be necessary to carry out the program established under this 
section, except that the amount of such funds in any fiscal 
year shall not exceed--
          (1) for eligible countries that meet the requirements 
        of subsection (b)(1), $3,000,000;
          (2) for eligible countries that meet the requirements 
        of subsection (b)(2), $2,000,000; and
          (3) for eligible countries that meet the requirements 
        of subsection (b)(3), $5,000,000.
  (g) Complementary Funds.--If the Secretary of Agriculture 
determines that it is advisable in furtherance of the purposes 
of the program established under this section, the Secretary 
may accept money, funds, property, and services of every kind 
by gift, devise, bequest, grant, or otherwise, and may, in any 
manner, dispose of all such holdings and use the receipts 
generated from such disposition as general program funds under 
this section. All funds so designated for the program 
established under this section shall remain available until 
expended.

SEC. 1544.\40\ ASSISTANCE IN FURTHERANCE OF NARCOTICS CONTROL 
                    OBJECTIVES OF THE UNITED STATES.

  (a) Waiver of Certain Restrictions.--For the purpose of 
reducing dependence upon the production of crops from which 
narcotic and psychotropic drugs are derived, the President may 
provide economic assistance for a country which, because of its 
coca production, is a major illicit drug producing country (as 
defined in section 481(e)(2)\41\ of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2291(i)(2))) to promote the production, 
processing, or the marketing of products which can be 
economically produced in such country, notwithstanding the 
provisions of law described in subsection (b) of this section.
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    \40\22 U.S.C. 2151x-2.
    \41\Formerly read ``section 481(i)(2)''. Sec. 6(a) of Public Law 
102-583 (106 Stat. 4932), however, provided that ``Any reference in any 
provision of law enacted before the date of enactment of this Act to 
section 481(e) or section 481(i) of that Act shall be deemed to be a 
reference to section 489 or section 481(e) (as amended * * * )''.
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  (b) Description of Restrictions Waived.--The provisions of 
law made inapplicable by subsection (a) are any other 
provisions of law that would otherwise restrict the use of 
economic assistance funds with respect to the production, 
processing, or marketing of agricultural commodities (or the 
products thereof) or other products, including sections 521, 
546, and 547 (but excluding section 510) of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1990, and comparable provisions of 
subsequent Acts appropriating funds for foreign operations, 
export financing, and related programs.
  (c) Definition of Economic Assistance.--As used in this 
section, the term ``economic assistance'' means assistance 
under chapter 1 of part I of the Foreign Assistance Act of 1961 
(22 U.S.C. 2151 and following; relating to development 
assistance) and assistance under chapter 4 of part II of that 
Act (22 U.S.C. 2346 and following; relating to the economic 
support fund).
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    \42\Formerly at 7 U.S.C. 1761 note. 273 of Public Law 104-127 (110 
Stat. 976) repealed sec. 1545, relating to world livestock market price 
information.
    \43\Sec. 281(a) of Public Law 104-127 (110 Stat. 980) repealed the 
following sections from this subtitle: sec. 1551--study of North 
American free trade area; sec. 1552--rose and flower study; sec. 1553--
commodity transportation and technology assessment and report; sec. 
1554--report on sec. 22 suspension (Agricultural Adjustment Act) or 
termination; sec. 1555--agricultural exports to the European Community; 
sec. 1558--sense of Congress concerning rebalancing proposal of the 
European Community (redesignated from sec. 1559 by sec. 1011(d) of 
Public Law 104-66; 109 Stat. 709); and sec. 1559--sense of the Senate 
regarding multilateral trade negotiations ((redesignated from sec. 1560 
by sec. 1011(d) of Public Law 104-66; 109 Stat. 709).
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SEC. 1545.\42\ * * * [Repealed--1996]

         Subtitle E--Studies, Reports, and Other Provisions\43\

SEC. 1551. * * * [Repealed--1996]

SEC. 1552. * * * [Repealed--1996]

SEC. 1553. * * * [Repealed--1996]

SEC. 1554. * * * [Repealed--1996]

SEC. 1555. * * * [Repealed--1996]

SEC. 1556.\44\ LANGUAGE PROFICIENCY AND EVALUATION OF FOREIGN 
                    AGRICULTURAL SERVICE OFFICERS.

  (a) Assessment of Foreign Language Competence.--The Foreign 
Agricultural Service shall revise its evaluation reports for 
its Foreign Service officers so as to require in a separate 
entry an assessment of the officer's effectiveness in using, in 
his or her work, a foreign language or foreign languages tested 
at the General Professional Speaking Proficiency level or 
above, in cases where the supervisor is capable of making such 
an assessment.
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    \44\7 U.S.C. 5694 note. Subsec. (c) of this sec. was struck out by 
sec. 281(b) of Public Law 104-127 (110 Stat. 980). It had required a 
report to Congress on language proficiency in Foreign Agricultural 
Services personnel.
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  (b) Precedence in Promotion.--The Director of Personnel of 
the Foreign Agricultural Service shall instruct promotion 
panels to take account of language ability and, all criteria 
for promotion otherwise being equal, to give precedence in 
promotions to officers who have achieved at least the General 
Professional Speaking Proficiency level in 1 or more foreign 
languages over officers who lack that level of proficiency.

SEC. 1557.\45\ REPORTING REQUIREMENTS RELATING TO TOBACCO. * * *
---------------------------------------------------------------------------

    \45\Sec. 1557 amended the Tobacco Adjustment Act of 1983 at 7 
U.S.C. 509.
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SEC. 1558.\46\ * * * [Repealed--1996]
---------------------------------------------------------------------------

    \46\Sec. 1011(d) of Public Law 104-66 (109 Stat. 709) repealed sec. 
1558, which required a report on the origin of exports of peanuts. That 
sec. also redesignated secs. 1559 and 1560 as secs. 1558 and 1559, 
respectively. These two latter secs. were subsequently repealed by sec. 
281(a) of Public Law 104-127 (110 Stat. 980).
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SEC. 1558.\43\,\46\ * * * [Repealed--1996]

SEC. 1559.\43\,\46\ * * * [Repealed--1996]

      Subtitle F--Conforming Provisions and Technical Changes\47\

          * * * * * * *
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    \47\Subtitle F amended the Omnibus Trade and Competitiveness Act of 
1988, the Food Security Act of 1985, the Agriculture and Food Act of 
1981, the Food for Peace Act of 1966, the Agricultural Act of 1949, the 
Agricultural Act of 1956, the Agricultural Technical Corrections Act 
(Public Law 101-220; 7 U.S.C. 1736cc), and the Agricultural Act of 
1970.
                      f. Agricultural Act of 1949

Partial text of Public Law 81-439 [H.R. 5345], 63 Stat. 1051, approved 
    October 31, 1949; as amended by Public Law 83-480 [S. 2475], 68 
    Stat. 458, approved July 10, 1954; Public Law 84-540 [H.R. 10875], 
    70 Stat. 203, approved May 28, 1956; Public Law 85-483 [H.R. 
    12164], 72 Stat. 286, approved July 2, 1958; Public Law 86-108 
    [H.R. 7500], 73 Stat. 250, approved July 24, 1959; Public Law 87-
    703 [H.R. 12391], 76 Stat. 611, approved September 27, 1962; Public 
    Law 88-638 [S. 2687], 78 Stat. 1038, approved October 8, 1964; 
    Public Law 89-808 [H.R. 14929], 80 Stat. 1538, approved November 
    11, 1966; Public Law 91-233 [S. 2595], 84 Stat. 199, approved April 
    17, 1970; Public Law 92-603 [H.R. 1], 86 Stat. 1492, approved 
    October 30, 1972; Public Law 95-113 [S. 275], 91 Stat. 913, 
    approved September 29, 1977; Public Law 96-494 [Agricultural Trade 
    Suspension Adjustment Act of 1980, H.R. 3765], 94 Stat. 2570, 
    approved December 3, 1980; Public Law 97-98 [Agriculture and Food 
    Act of 1981, S. 884], 95 Stat. 1213, approved December 22, 1981; 
    Public Law 97-253 [Omnibus Budget Reconciliation Act of 1982, H.R. 
    6955], 96 Stat. 766, approved September 8, 1982; Public Law 98-258 
    [Agricultural Programs Adjustment Act of 1984, H.R. 4072], 98 Stat. 
    137, approved April 10, 1984; Public Law 99-83 [S. 960], 99 Stat. 
    271, approved August 8, 1985; Public Law 99-198 [Food Security Act 
    of 1985, H.R. 2100], 99 Stat. 1354, approved December 23, 1985; 
    Public Law 99-260 [Food Security Improvements Act of 1986, H.R. 
    1614], 100 Stat. 45, approved March 20, 1986; Public Law 100-203 
    [Omnibus Budget Reconciliation Act of 1987, H.R. 3545], 101 Stat. 
    1330, approved December 22, 1987; Public Law 100-277 [Agricultural 
    Act of 1949, Amendment; S. 2151], 102 Stat. 67, approved April 4, 
    1988; Public Law 100-418 [Omnibus Trade and Competitiveness Act of 
    1988, H.R. 4848], 102 Stat. 1107, approved August 23, 1988; Public 
    Law 101-513 [Foreign Operations, Export Financing, and Related 
    Programs Appropriations Act, 1991; H.R. 5114] 104 Stat. 2032, 
    approved November 5, 1990; Public Law 101-624 [Food, Agriculture, 
    Conservation, and Trade Act of 1990; S. 2830], 104 Stat. 3359, 
    approved November 28, 1990; Public Law 102-289 [H.R. 4774], 106 
    Stat. 176, approved May 20, 1992; Public Law 103-306 [Foreign 
    Operations, Export Financing, and Related Programs Appropriations 
    Act, 1995; H.R. 4426], 108 Stat. 1608, approved August 23, 1994; 
    and by Public Law 104-127 [Federal Agriculture Improvement and 
    Reform Act of 1996; H.R. 2854] 110 Stat. 888, approved April 4, 
    1996

         AN ACT TO STABILIZE PRICES OF AGRICULTURAL COMMODITIES

    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 ``Agricultural Act of 1949''.
          * * * * * * *
    Sec. 107F.\1\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \1\Sec. 1161(a)(2) of Public Law 101-624 (Food, Agriculture, 
Conservation, and Trade Act of 1990; 104 Stat. 3520) repealed sec. 
107F. Sec. 107F had provided for a program, applicable to any of the 
1986 through 1990 crops of wheat or feed grains, to provide incentives 
for the export of wheat and feed grains from private stocks.
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          * * * * * * *

                  INTERNATIONAL EMERGENCY FOOD RESERVE

    Sec. 111.\2\ The President is encouraged to enter into 
negotiations with other nations to develop an international 
system of food reserves to provide for humanitarian food relief 
needs and to establish and maintain a food reserve, as a 
contribution of the United States toward the development of 
such a system, to be made available in the event of food 
emergencies in foreign countries. The reserves shall be known 
as the International Emergency Food Reserve.''.
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    \2\Sec. 111 was added by sec. 1102 of the Food and Agriculture Act 
of 1977 (Public Law 95-113; 91 Stat. 953).
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          * * * * * * *
    Sec. 113.\3\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \3\Formerly at 7 U.S.C. 1445h. Sec. 113, relating to supplemental 
set-aside and acreage limitation authority, was repealed by sec. 
171(b)(2)(F) of Public Law 104-127 (110 Stat. 938).
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          * * * * * * *
    Sec. 416.\4\ (a)\5\ In order to prevent the waste of 
commodities whether private stocks\6\ or acquired through 
price-support operations by Commodity Credit Corporation before 
they can be disposed of in normal domestic channels without 
impairment of the price-support program or sold abroad at 
competitive world prices, the Commodity Credit Corporation is 
authorized, on such terms and under such regulations as the 
Secretary of Agriculture may deem in the public interest: (1) 
upon application, to make such commodities available to any 
Federal agency for use in making payment for commodities not 
produced in the United States; (2) to barter or exchange such 
commodities for strategic or other materials as authorized by 
law; (3) in the case of food commodities to donate such 
commodities to the Bureau of Indian Affairs and to such State, 
Federal, or private agency or agencies as may be designated by 
the proper State or Federal authority and approved by the 
Secretary, for use in the United States in nonprofit school-
lunch programs, in nonprofit summer camps for children,\7\ in 
the assistance of needy persons, and in charitable 
institutions, including hospitals, to the extent that needy 
persons are served.\8\ In the case of clause (3) the Secretary 
shall obtain such assurance as he deems necessary that the 
recipients thereof will not diminish their normal expenditures 
for food by reason of such donation. In order to facilitate the 
appropriate disposal of such commodities, the Secretary may 
from time to time estimate and announce the quantity of such 
commodities which he anticipates will become available for 
distribution under clause (3). The Commodity Credit Corporation 
may pay, with respect to commodities disposed of under this 
section, reprocessing, packaging, transporting, handling, and 
other charges accruing up to the time of their delivery to a 
Federal agency, or to the designated State or private agency. 
In addition, in the case of food commodities disposed of under 
this section, the Commodity Credit Corporation may pay the cost 
of processing such commodities into a form suitable for home or 
institutional use, such processing to be accomplished through 
private trade facilities to the greatest extent possible.\9\ 
For the purpose of this section the terms ``State'' and 
``United States'' include the District of Columbia and any 
Territory or possession of the United States. Dairy products 
acquired by the Commodity Credit Corporation through price 
support operations may, insofar as they can be used in the 
United States in nonprofit school lunch and other nonprofit 
child feeding programs, in the assistance of needy persons, and 
in charitable institutions, including hospitals and facilities, 
to the extent that they serve needy persons (including infants 
and children),\10\ be donated for any such use prior to any 
other use or disposition.\11\ Notwithstanding any other 
provision of law, such dairy products may be donated for 
distribution to needy households in the United States and to 
meet the needs of persons receiving nutrition assistance under 
the Older Americans Act of 1965.\12\
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    \4\7 U.S.C. 1431. Sec. 302 of Public Law 83-480 (68 Stat. 458) 
comprehensively amended and restated sec. 416.
    Sec. 703 of the FREEDOM Support Act (Public Law 102-511; 106 Stat. 
3349), provided the following:
    ``Sec. 703. Assistance for Private Voluntary Organizations.
    ``The President is encouraged to use funds made available under 
section 109 of Public Law 102-229 (105 Stat. 1708), and funds made 
available under chapter 11 of part I of the Foreign Assistance Act of 
1961, to assist private voluntary organizations and cooperatives in 
carrying out food assistance programs for the independent states of the 
former Soviet Union under--
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          ``(1) section 1110 of the Food Security Act of 1985 (7 U.S.C. 
        1736o);
          ``(2) section 416 of the Agricultural Act of 1949 (7 U.S.C. 
        1431); or
          ``(3) title II of the Agricultural Trade Development and 
        Assistance Act of 1954 (7 U.S.C. 1721 et seq.).''.
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    \5\Sec. 502 of Public Law 98-258 (98 Stat. 137) inserted the 
subsec. designation ``(a)'' and added new subsecs. (b) and (c).
    See also sec. 513 of Public Law 98-411 (Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriation 
Act, 1985) that stated the sense of the Congress that the newly enacted 
authority under sec. 416 of this Act should be used to help feed 
Guatemalan refugees in Mexico.
    \6\Sec. 205(c) of Public Law 86-108 (73 Stat. 250) added the 
reference to private stocks.
    \7\Sec. 1 of Public Law 85-483 (72 Stat. 286) added the reference 
to nonprofit summer camps for children.
    \8\Sec. 3(c) of Public Law 89-808 (80 Stat. 1538) struck out clause 
(4) which previously appeared at this point. Clause (4) provided for 
the donation of excess food commodities to nonprofit voluntary agencies 
registered with the Committee on Voluntary Foreign Aid or other 
appropriate Federal agencies and intergovernmental organizations for 
use in assistance of needy persons and in nonprofit lunch programs 
outside the United States. The authority for such assistance was 
shifted to title II of Public Law 480.
    \9\Sec. 212 of Public Law 84-540 (70 Stat. 203) added this 
sentence.
    \10\Sec. 1771(b)(2) of the Food, Agriculture, Conservation, and 
Trade Act of 1990 (Public Law 101-624; 104 Stat. 3807) struck out 
``hospitals, to the extent that needy persons are served'' and inserted 
in lieu thereof ``hospitals and facilities, to the extent that they 
serve needy persons (including infants and children)''.
    \11\Public Law 91-233 (84 Stat. 199) added this sentence.
    Another sentence, that previously appeared at this point, was 
repealed by sec. 1302(a)(2) of Public Law 95-113 (91 Stat. 979). This 
sentence, added by sec. 411(g) of Public Law 92-603 (86 Stat. 1492), 
prohibited persons eligible to receive supplementary income under title 
XVI of the Food Stamp Act of 1964 from participating in any program 
conducted under sec. 416.
    \12\Sec. 1109(1) of the Food Security Act of 1985 (Public Law 99-
198; 99 Stat. 1467), deleted at this point language authorizing 
donation of such dairy products for the assistance of needy persons 
outside the United States. This text was originally added by sec. 110 
of the Omnibus Budget Reconciliation Act of 1982 (Public Law 97-253; 96 
Stat. 766).
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    (b)\5\,\13\ (1) The Secretary, subject to the 
requirements of paragraph (10), may furnish eligible 
commodities for carrying out programs of assistance in 
developing countries and friendly countries under titles II and 
III\14\ of the Agricultural Trade Development and Assistance 
Act of 1954 and under the Food for Progress Act of 1985, as 
approved by the Secretary, and for such purposes as are 
approved by the Secretary. To ensure that the furnishing of 
commodities under this subsection is coordinated with and 
complements other United States foreign assistance, assistance 
under this subsection shall be coordinated through the 
mechanism designated by the President to coordinate assistance 
under the Agricultural Trade Development and Assistance Act of 
1954.
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    \13\Sec. 1109(2) of the Food Security Act of 1985 (Public Law 99-
198; 99 Stat. 1467), comprehensively amended and restated subsec. b.
    \14\Sec. 1514(1) of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (Public Law 101-624; 104 Stat. 3662) struck out ``title 
II'' and inserted in lieu thereof ``titles II and III''.
---------------------------------------------------------------------------
    (2) As used in this subsection, the term `eligible 
commodities' means--
          (A) dairy products, wheat, rice, feed grains,\15\ and 
        oilseeds acquired by the Commodity Credit Corporation 
        through price support operations, and the products 
        thereof,\15\ that the Secretary determines meet the 
        criteria specified in subsection (a); and
---------------------------------------------------------------------------
    \15\Subsec. (b)(2)(A) was amended by sec. 1 of Public Law 100-277 
(102 Stat. 67) which inserted ``wheat, rice, and feed grains'' in lieu 
of ``grains'', and inserted ``, and the products thereof,'' after 
``price support operations''.
---------------------------------------------------------------------------
          (B) such other edible agricultural commodities as may 
        be acquired by the Secretary or the Commodity Credit 
        Corporation in the normal course of operations and that 
        are available for disposition under this subsection, 
        except that no such commodities may be acquired for the 
        purpose of their use under this subsection.
    (3)(A) Commodities may not be made available for 
disposition under this subsection in amounts that (i) will in 
any way reduce the amounts of commodities that traditionally 
are made available through donations to domestic feeding 
programs or agencies, or (ii) will prevent the Secretary from 
fulfilling any agreement entered into by the Secretary under a 
payment-in-kind program under this Act or other Acts 
administered by the Secretary.
    (B)(i) The requirements of section 403(a)\16\ of the 
Agricultural Trade Development and Assistance Act of 1954 shall 
apply with respect to commodities furnished under this 
subsection. Commodities may not be furnished for disposition to 
any country under this subsection except on determinations by 
the Secretary that--
---------------------------------------------------------------------------
    \16\Sec. 1514(2) of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (Public Law 101-624; 104 Stat. 3662) struck out ``402(b)'' 
and inserted in lieu thereof ``403(a)''.
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          (I) the receiving country has the absorptive capacity 
        to use the commodities efficiently and effectively; and
          (II) such disposition of the commodities will not 
        interfere with usual marketings of the United States, 
        nor disrupt world prices of agricultural commodities 
        and normal patterns of commercial trade with developing 
        countries.
    (ii) The requirement for safeguarding usual marketings of 
the United States shall not be used to prevent the furnishing 
under this subsection of any eligible commodity for use in 
countries that--
          (I) have not traditionally purchased the commodity 
        from the United States; or
          (II) do not have adequate financial resources to 
        acquire the commodity from the United States through 
        commercial sources or through concessional sales 
        arrangements.
    (C) The Secretary shall take reasonable precautions to 
ensure that--
          (i) commodities furnished under this subsection will 
        not displace or interfere with sales that otherwise 
        might be made; and
          (ii) sales or barter under paragraph (7) will not 
        unduly disrupt world prices of agricultural commodities 
        nor normal patterns of commercial trade with friendly 
        countries.
    (D)\17\ If eligible commodities are made available under 
this subsection to a friendly country, nonprofit and voluntary 
agencies and cooperatives shall also be eligible to receive 
commodities for food aid programs in the country.
---------------------------------------------------------------------------
    \17\Subsec. (D) was added by sec. 2 of Public Law 100-277 (102 
Stat. 67).
---------------------------------------------------------------------------
    (4) Agreements may be entered into under this subsection to 
provide eligible commodities in installments over an extended 
period of time. In agreements with recipients of eligible 
commodities under this subsection (including nonprofit and 
voluntary agencies or cooperatives), subject to the 
availability of commodities each fiscal year, the Secretary, on 
request, shall approve multiyear agreements to make 
agricultural commodities available for distribution or sale by 
the recipients if the agreements otherwise meet the 
requirements of this subsection.\18\
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    \18\The text to this point beginning with ``In agreements with'' 
was added by sec. 2 of Public Law 100-277 (102 Stat. 67).
---------------------------------------------------------------------------
    (5)(A) Section 406\19\ of the Agricultural Trade 
Development and Assistance Act of 1954 shall apply to the 
commodities furnished under this subsection.
---------------------------------------------------------------------------
    \19\Sec. 1514(3) and (4) of the Food, Agriculture, Conservation, 
and Trade Act of 1990 (Public Law 101-624; 104 Stat. 3662) struck out 
``203'' and inserted ``406''.
---------------------------------------------------------------------------
    (B) The Commodity Credit Corporation may pay the processing 
and domestic handling costs incurred, as authorized under this 
subsection, in the form of eligible commodities, as defined in 
paragraph (2)(A), if the Secretary determines that such in-kind 
payment will not disrupt domestic markets.
    (6) The cost of commodities furnished under this 
subsection, and expenses incurred under section 406\19\ of the 
Agricultural Trade Development and Assistance Act of 1954 in 
connection with those commodities, shall be in addition to the 
level of assistance programmed under that Act and shall not be 
considered expenditures for international affairs and finance.
    (7) Eligible commodities\20\ furnished under this 
subsection may be sold or bartered only with the approval of 
the Secretary and solely as follows:
---------------------------------------------------------------------------
    \20\The text ``, and products thereof,'' which previously appeared 
at this point was deleted by sec. 1(a)(b)(2) of Public Law 100-277 (102 
Stat. 67).
---------------------------------------------------------------------------
          (A) Sales and barter that are incidental to the 
        donation of the commodities or products.
          (B) Sales and barter to finance the distribution, 
        handling, and processing costs of the donated 
        commodities or products in the importing country or in 
        a country through which such commodities or products 
        must be transshipped, or other activities in the 
        importing country that are consistent with providing 
        food assistance to needy people.
          (C) Sales and barter of commodities and products 
        furnished to intergovernmental agencies or 
        organizations, insofar as they are consistent with 
        normal programming procedures in the distribution of 
        commodities by those agencies or organizations.
          (D)(i) Sales of commodities and products furnished to 
        nonprofit and voluntary agencies, or cooperatives, for 
        food assistance under agreements that provide for the 
        use, by the agency or cooperative, of foreign currency 
        proceeds generated from such sale of commodities or 
        products for the purposes established in clause (ii) of 
        this subparagraph.
          (ii)\21\ Foreign currencies generated from partial or 
        full sales or barter of commodities by a nonprofit and 
        voluntary agency or cooperative shall be used--
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    \21\Clause (ii) was amended and restated by sec. 4(a) of Public Law 
100-277 (102 Stat. 67). Clause (ii) previously read as follows:
    ``(ii) Foreign currency proceeds generated from the sales of 
commodities and products under this subparagraph shall be used by 
nonprofit and voluntary agencies, or cooperatives, for activities 
carried out by the agency or cooperative that will enhance the 
effectiveness of transportation, distribution, and use of commodities 
and products donated under this subsection, including food for work 
programs and cooperative and agricultural projects.''.
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                  (I) to transport, store, distribute, and 
                otherwise enhance the effectiveness of the use 
                of commodities and the products thereof donated 
                under this section; and
                  (II) to implement income generating, 
                community development, health, nutrition, 
                cooperative development, agricultural programs, 
                and other developmental activities.
In\22\ addition, foreign currency proceeds generated in Poland 
may also be used by governmental and nongovernmental\23\ 
agencies or cooperatives for eligible activities approved by 
the joint commission\24\ established pursuant to section 2226 
of the American Aid to Poland Act of 1988 and by the United 
States chief of diplomatic mission in Poland that would improve 
the quality of life of the Polish people and would strengthen 
and support the activities of governmental or\23\ private, 
nongovernmental independent institutions in Poland. Activities 
eligible under the preceding sentence include--
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    \22\Sec. 2225 of Public Law 100-418 added text from this point, 
through subclause (III).
    \23\The paragraph titled ``Poland Assistance'' in sec. 562 of 
Public Law 101-513 (104 Stat. 2032) struck out ``such'' and inserted in 
lieu thereof ``governmental and nongovernmental'' following ``may also 
be used by''; and inserted ``governmental or'' following ``activities 
of''.
    \24\Sec. 2226 of Public Law 100-418 provided the following 
concerning this joint commission:
    ``(a) Establishment.--The joint commission referred to in sections 
2223 and 2224 and in section 416(b)(7)(D)(ii) of the Agricultural Act 
of 1949 (as amended by section 2225 of this Act) shall be established 
under an agreement between the United States Government, the Government 
of Poland, and nongovernmental agencies (as defined in section 2223) 
operating in Poland.
    ``(b) Membership.--The joint commission shall be composed of--
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          ``(1) appropriate representatives of the Government of 
        Poland;
          ``(2) appropriate representatives of nongovernmental agencies 
        which are parties to the agreement described in subsection (a); 
        and
          ``(3) representatives from the United States diplomatic 
        mission in Poland, which may include a representative of the 
        Foreign Agricultural Service.''.
                  (I) any project undertaken in Poland under 
                the auspices of the Charitable Commission of 
                the Polish Catholic Episcopate for the benefit 
                of handicapped or orphaned children;
                  (II) any project for the reconstruction, 
                renovation, or maintenance of the Research 
                Center on Jewish History and Culture of the 
                Jagiellonian University of Krakow, Poland, 
                established for the study of events related to 
                the Holocaust in Poland;\25\
---------------------------------------------------------------------------
    \25\Sec. 576(c) of Public Law 103-306 (108 Stat. 1654) struck out 
``and'' at the end of subclause (II), replaced a period at the end of 
subclause (III) with ``; and'', and added subclause (IV).
---------------------------------------------------------------------------
                  (III) any other project or activity which 
                strengthens and supports private and 
                independent sectors of the Polish economy, 
                especially independent farming and agriculture; 
                and
                  (IV) the Polish Catholic Episcopate's Rural 
                Water Supply Foundation.
          (iii) Except as otherwise provided in clause (v), 
        such agreements, taken together for each fiscal year, 
        shall provide for sales of commodities and products for 
        foreign currency proceeds in amounts that are, in the 
        aggregate, not less than 10\26\ percent of the 
        aggregate value of all commodities and products 
        furnished, or the minimum tonnage required, whichever 
        is greater,\26\ for carrying out programs of assistance 
        under this subsection in such fiscal year. The minimum 
        allocation requirements of this clause apply with 
        respect to commodities and products made available 
        under this subsection for carrying out programs of 
        assistance under titles II and III\27\ of the 
        Agricultural Trade Development and Assistance Act of 
        1954, and not with respect to commodities and products 
        made available to carry out the Food for Progress Act 
        of 1985.
---------------------------------------------------------------------------
    \26\Sec. 4(b) of Public Law 100-277 (102 Stat. 68). inserted ``10 
percent'' in lieu of ``5 percent'' and added the text ``, or the 
minimum tonnage required, whichever is greater,''.
    \27\Sec. 1514(5)(A) of the Food, Agriculture, Conservation, and 
Trade Act of 1990 (Public Law 101-624; 104 Stat. 3662) struck out 
``title II'' and inserted in lieu thereof ``titles II and III''.
---------------------------------------------------------------------------
          (iv) Foreign currency proceeds generated from the 
        sale of commodities or products under this subparagraph 
        shall be expended within the country of origin within a 
        reasonable length of time, as determined by the 
        Secretary, except that the Secretary may permit the use 
        of proceeds in a country other than the country of 
        origin--
                  (I) as necessary to expedite the 
                transportation of commodities and products 
                furnished under this subsection; or
                  (II) if the proceeds are generated in a 
                currency generally accepted in the other 
                country.\28\
---------------------------------------------------------------------------
    \28\Sec. 264(1)(A)(i) of Public Law 104-127 (110 Stat. 974) struck 
out ``one year of acquisition of such currency, except that the 
Secretary may permit the use of such proceeds (I) in countries other 
than the country of origin as necessary to expedite the transportation 
of commodities and products furnished under this subsection, (II) after 
one year of acquisition as appropriate to achieve the purpose of clause 
(i), and (III) in a country other than the country of origin, if such 
proceeds are generated in a currency generally accepted in such other 
country.'' and inserted in lieu thereof sentence beginning at ``a 
reasonable length of time''.
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          (v) The provisions of clause (iii) of this 
        subparagraph establishing minimum annual allocations 
        for sales and use of proceeds shall not apply to the 
        extent that there have not been sufficient requests for 
        such sales and use of proceeds nor to the extent 
        required under paragraph (3).
          (E) Sales and barter to cover expenses incurred under 
        paragraph (5)(a).
          (F)\29\ The provisions of sections 403(i) and 407(c) 
        of the Agricultural Trade Development and Assistance 
        Act of 1954 shall apply to donations, sales and barters 
        of eligible commodities under this subsection.
---------------------------------------------------------------------------
    \29\Sec. 1514(5)(B) of the Food, Agriculture, Conservation, and 
Trade Act of 1990 (Public Law 101-624; 104 Stat. 3662) added subpar. 
(F). Sec. 333 of Public Law 102-237 (105 Stat. 1859) corrected the 
indentation of subpar. (F).
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The\30\ Secretary may approve the use of proceeds or services 
realized from the sale or barter of a commodity furnished under 
this subsection by a nonprofit voluntary agency, cooperative, 
or intergovernmental agency or organization to meet 
administrative expenses incurred in connection with activities 
undertaken under this subsection.
---------------------------------------------------------------------------
    \30\Sec. 264(1)(A)(ii) of Public Law 104-127 (110 Stat. 974) struck 
out ``No portion of the proceeds or services realized from sales or 
barter under this paragraph may be used to meet operating and overhead 
expenses, except as otherwise provided in subparagraph (C) and except 
for personnel and administrative costs incurred by local 
cooperatives.'' and inserted the new sentence following subpara. (F).
---------------------------------------------------------------------------
    (8)\31\ (A) To the maximum extent practicable, expedited 
procedures shall be used in the implementation of this 
subsection.
---------------------------------------------------------------------------
    \31\Sec. 264(1)(B) of Public Law 104-127 (110 Stat. 974) struck out 
subpara. (C) to para. (8). The subpara. was originally added by sec. 5 
of Public Law 100-277 (102 Stat. 68).
---------------------------------------------------------------------------
    (B) The Secretary shall be responsible for regulations 
governing sales and barter, and the use of foreign currency 
proceeds, under paragraph (7) of this subsection that will 
provide reasonable safeguards to prevent the occurrence of 
abuses in the conduct of activities provided for in paragraph 
(7).
    (9)(A) Each recipient of commodities and products approved 
for sale or barter under paragraph (7) shall report to the 
Secretary information with respect to the items required to be 
included in the Secretary's report pursuant to clause (i) 
through (iv) of subparagraph (B). Reports pursuant to this 
subparagraph shall be submitted in accordance with regulations 
of the Secretary. Such regulations shall require at least one 
report annually, to be submitted not later than December 31 
following the end of the fiscal year in which the commodities 
and products are received; except that a report shall not be 
required with respect to fiscal year 1985.
    (B) Not later than February 15, 1987, and annually 
thereafter, the Secretary shall report to the Congress on sales 
and barter, and use of foreign currency proceeds, under 
paragraph (7) during the preceding fiscal year. Such report 
shall include information on--
          (i) the quantity of commodities furnished for such 
        sale or barter;
          (ii) the amount of funds (including dollar 
        equivalents for foreign currencies) and value of 
        services generated from such sales and barter in such 
        fiscal year;
          (iii) how such funds and services were used;
          (iv) the amount of foreign currency proceeds that 
        were used under agreements under subparagraph (D) of 
        paragraph (7) in such fiscal year, and the percentage 
        of the quantity of all commodities and products 
        furnished under this subsection in such fiscal year 
        such use represented;
          (v) the Secretary's best estimate of the amount of 
        foreign currency proceeds that will be used, under 
        agreements under subparagraph (D) of paragraph (7), in 
        the then current fiscal year and the next following 
        fiscal year (if all requests for such use are agreed 
        to), and the percentage that such estimated use 
        represents of the quantity of all commodities and 
        products that the Secretary estimates will be furnished 
        under this subsection in each such fiscal year;
          (vi) the effectiveness of such sales, barter, and use 
        during such fiscal year in facilitating the 
        distribution of commodities and products under this 
        subsection;
          (vii) the extent to which sales, barter, or uses--
                  (I) displace or interfere with commercial 
                sales of United States agricultural commodities 
                and products that otherwise would be made,
                  (II) affect usual marketings of the United 
                States,
                  (III) disrupt world prices of agricultural 
                commodities or normal patterns of trade with 
                friendly countries, or
                  (IV) discourage local production and 
                marketing of agricultural commodities in the 
                countries in which commodities and products are 
                distributed under this subsection; and
          (viii) the Secretary's recommendations, if any, for 
        changes to improve the conduct of sales, barter, or use 
        activities under paragraph 7.
    (10)-(12)\32\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \32\Sec. 264(1)(C) of Public Law 104-127 (110 Stat. 974) struck out 
paras. (10), (11), and (12).
---------------------------------------------------------------------------
    (c)\33\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \33\Sec. 264(2) of Public Law 104-127 (110 Stat. 974) struck out 
subsec. (c), which authorized the Commodity Credit Corporation, under 
the Secretary of Agriculture, to carry out a two-year pilot program 
under which the Corporation shall barter or exchange accumulated dairy 
products for processed fluid milk. Subsec. (c) was originally added by 
sec. 502 of Public Law 98-258 (98 Stat. 137).
---------------------------------------------------------------------------
    (d)\34\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \34\Sec. 1575 of the Food, Agriculture, Conservation, and Trade Act 
of 1990 (Public Law 101-624; 104 Stat. 3702) struck out subsec. (d), 
which had provided for ``a pilot program under which strategic or other 
materials that the United States does not produce domestically in 
amounts sufficient for its requirements and for which national 
stockpile or reserve goals established by law are unmet shall be 
acquired in exchange for commodities meeting the criteria specified in 
subsection (a).''. Subsec. (d) was added by sec. 1129 of the Food 
Security Act of 1985 (Public Law 99-198; 99 Stat. 1486).
---------------------------------------------------------------------------
          * * * * * * *
 g. Agriculture, Rural Development, Food and Drug Administration, and 
               Related Agencies Appropriations Act, 1998

Partial text of Public Law 105-86 [H.R. 2160], 111 Stat. 2079, approved 
                           November 18, 1997

 AN ACT Making appropriations for Agriculture, Rural Development, Food 
 and Drug Administration, and Related Agencies 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 Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 1998, and for 
other purposes, namely:
          * * * * * * *

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

         Foreign Agricultural Service and General Sales Manager

                     (including transfers of funds)

    For necessary expenses of the Foreign Agricultural Service, 
including carrying out title VI of the Agricultural Act of 1954 
(7 U.S.C. 1761-1768), market development activities abroad, and 
for enabling the Secretary to coordinate and integrate 
activities of the Department in connection with foreign 
agricultural work, including not to exceed $128,000 for 
representation allowances and for expenses pursuant to section 
8 of the Act approved August 3, 1956 (7 U.S.C. 1766), 
$135,561,000, of which $3,231,000 may be transferred from the 
Export Loan Program account in this Act, and $1,035,000 may be 
transferred from the Public Law 480 program account in this 
Act: Provided, That the Service may utilize advances of funds, 
or reimburse this appropriation for expenditures made on behalf 
of Federal agencies, public and private organizations and 
institutions under agreements executed pursuant to the 
agricultural food production assistance programs (7 U.S.C. 
1736) and the foreign assistance programs of the International 
Development Cooperation Administration (22 U.S.C. 2392).
    None of the funds in the foregoing paragraph shall be 
available to promote the sale or export of tobacco or tobacco 
products.

               PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS

                     (including transfers of funds)

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including 
interest thereon, under the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1691, 1701-1715, 1721-1726, 
1727-1727f, and 1731-1736g), as follows: (1) $226,900,000 for 
Public Law 480 title I credit, including Food for Progress 
programs; (2) $17,608,000 is hereby appropriated for ocean 
freight differential costs for the shipment of agricultural 
commodities pursuant to title I of said Act and the Food for 
Progress Act of 1985; (3) $837,000,000 is hereby appropriated 
for commodities supplied in connection with dispositions abroad 
pursuant to title II of said Act; and (4) $30,000,000 is hereby 
appropriated for commodities supplied in connection with 
dispositions abroad pursuant to title III of said Act: 
Provided, That not to exceed 15 percent of the funds made 
available to carry out any title of said Act may be used to 
carry out any other title of said Act: Provided further, That 
such sums shall remain available until expended (7 U.S.C. 
2209b).
    For the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, of direct credit agreements 
as authorized by the Agricultural Trade Development and 
Assistance Act of 1954, and the Food for Progress Act of 1985, 
including the cost of modifying credit agreements under said 
Act, $176,596,000.
    In addition, for administrative expenses to carry out the 
Public Law 480 title I credit program, and the Food for 
Progress Act of 1985, to the extent funds appropriated for 
Public Law 480 are utilized, $1,850,000.

       COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT

                     (including transfers of funds)

    For administrative expenses to carry out the Commodity 
Credit Corporation's export guarantee program, GSM 102 and GSM 
103, $3,820,000; to cover common overhead expenses as permitted 
by section 11 of the Commodity Credit Corporation Charter Act 
and in conformity with the Federal Credit Reform Act of 1990, 
of which not to exceed $3,231,000 may be transferred to and 
merged with the appropriation for the salaries and expenses of 
the Foreign Agricultural Service, and of which not to exceed 
$589,000 may be transferred to and merged with the 
appropriation for the salaries and expenses of the Farm Service 
Agency.

                             EXPORT CREDIT

    The Commodity Credit Corporation shall make available not 
less than $5,500,000,000 in credit guarantees under its export 
credit guarantee program extended to finance the export sales 
of United States agricultural commodities and the products 
thereof, as authorized by section 202(a) and (b) of the 
Agricultural Trade Act of 1978 (7 U.S.C. 5641).

                     EMERGING MARKETS EXPORT CREDIT

    The Commodity Credit Corporation shall make available not 
less than $200,000,000 in credit guarantees under its export 
guarantee program for credit expended to finance the export 
sales of United States agricultural commodities and the 
products thereof to emerging markets, as authorized by section 
1542 of Public Law 101-624 (7 U.S.C. 5622 note).
          * * * * * * *

                     TITLE VII--GENERAL PROVISIONS

          * * * * * * *
    Sec. 706. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
          * * * * * * *
    This Act may be cited as the ``Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 1998''.
                      h. Food Security Act of 1985

Partial text of Public Law 99-198 [H.R. 2100], 99 Stat. 1354, approved 
    December 23, 1985, as amended by Public Law 99-260 [Food Security 
    Improvements Act of 1986, H.R. 1614], 100 Stat. 45, approved March 
    20, 1986; Public Law 100-277 [Agricultural Act of 1949, Amendment; 
    S. 2151], 102 Stat. 67, approved April 4, 1988; Public Law 100-418 
    [Omnibus Trade and Competitiveness Act of 1988, H.R. 4848], 102 
    Stat. 1107, approved August 23, 1988; Public Law 100-435 [Hunger 
    Prevention Act of 1988, S. 2560], 102 Stat 1645, approved September 
    19, 1988; Public Law 101-239 [Omnibus Budget Reconciliation Act of 
    1989, H.R. 3299], 103 Stat. 2106, approved December 19, 1989; 
    Public Law 101-624 [Food, Agriculture, Conservation, and Trade Act 
    of 1990; S. 2830], 104 Stat. 3359, approved November 28, 1990; 
    Public Law 102-237 [Food, Agriculture, Conservation, and Trade Act 
    Amendments of 1991; H.R. 3029], 105 Stat. 1818, approved December 
    13, 1991; Public Law 102-511 [FREEDOM Support Act, S. 2532], 106 
    Stat. 3320, approved October 24, 1992; Public Law 103-465 [Uruguay 
    Round Agreements Act; H.R. 5110], 108 Stat. 4809, approved December 
    8, 1994; and by Public Law 104-127 [Federal Agriculture Improvement 
    and Reform Act of 1996; H.R. 2854], 110 Stat. 888, approved April 
    4, 1996

  AN ACT To extend and revise agricultural price support and related 
 programs, to provide for agricultural export, resource conservation, 
    farm credit, and agricultural research and related programs, to 
continue food assistance to low-income persons, to ensure consumers an 
    abundance of food and fiber at reasonable prices, and for other 
                               purposes.

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

                            TITLE IX--SUGAR

          * * * * * * *

                  PREVENTION OF SUGAR LOAN FORFEITURES

    Sec. 902.\1\ * * *
---------------------------------------------------------------------------
    \1\7 U.S.C. 1446 note.
---------------------------------------------------------------------------
    (c)\2\ (1)\3\ Beginning with the quota year for sugar 
imports which begins after the 1985/1986 quota year, the 
President shall not allocate any of the sugar import quota 
under such provisions to any country that is a net importer of 
sugar derived from sugarcane or sugar beets unless the 
appropriate officials of the country verify to the President 
that that country does not import for reexport to the United 
States any sugar produced in Cuba.
---------------------------------------------------------------------------
    \2\Sec. 204(b)(4) of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 785) provides for 
the President to suspend this subsection, to the extent that this and 
other suspensions contribute to a stable foundation for a 
democratically elected government in Cuba. Sec. 204(d)(4) of that Act 
provides for the repeal of this subsection on the date the President 
determines that a democratically elected government in Cuba is in 
power, submits that determination to the appropriate congressional 
committees and commences the delivery and distribution of assistance to 
such a democratically elected government.
    \3\Sec. 903 of Public Law 101-624 (104 Stat. 3488) added para. 
designation ``(1)'', and added para. (2).
---------------------------------------------------------------------------
    (2)\3\ (A) Effective 90 days after the date of enactment of 
this paragraph and by August 1 of each year thereafter through 
1995, the Secretary of Agriculture shall report to the 
President and Congress on the extent, if any, of sugar imports 
from Cuba by the countries described in paragraph (1).
    (B) Commencing with the quota year for sugar imports after 
the 1990-1991 quota year, the President shall report to 
Congress by January 1, on--
          (i) the identity of the countries that are net 
        importers of sugar derived from sugarcane or sugar 
        beets who have a quota for the current quota year;
          (ii) the identity of such countries who have verified 
        that they do not import for reexport to the United 
        States any sugar produced in Cuba; and
          (iii) the action, if any, taken by the President with 
        respect to countries reported by the Secretary of 
        Agriculture as net importers of sugar derived from 
        sugarcane or sugar beets who imported the sugar from 
        Cuba who reexported the sugar to the United States 
        during the previous quota year.
          * * * * * * *

                            TITLE XI--TRADE

     Subtitle A--Public Law 480 and Use of Surplus Commodities in 
                         International Programs

          * * * * * * *

                        FACILITATION OF EXPORTS

    Sec. 1106. It is the sense of Congress that the President 
should work with the People's Republic of China to facilitate 
the export of agricultural commodities to the People's Republic 
of China.

             FARMER-TO-FARMER PROGRAM UNDER PUBLIC LAW 480

    Sec. 1107.\4\ (a) Notwithstanding any other provision of 
law, not less than one-tenth of 1 percent of the funds 
available for each of the fiscal years ending September 30, 
1986 through September 30, 1990,\5\ to carry out the 
Agricultural Trade Development and Assistance Act of 1954 shall 
be used to carry out paragraphs (1) and (2) of section 406(a) 
of that Act. Any such funds used to carry out paragraph (2) of 
section 406(a) shall not constitute more than one-fourth of the 
funds used as provided by the first sentence of this 
subsection, shall be used for activities in direct support of 
the farmer-to-farmer program under paragraph (1) of section 
406(a), and shall be administered whenever possible in 
conjunction with programs under sections 296 through 300 of the 
Foreign Assistance Act of 1961.
---------------------------------------------------------------------------
    \4\7 U.S.C. 1736 note.
    \5\Sec. 6 of Public Law 100-277 (102 Stat. 69) substituted 
``through September 30, 1990'' in lieu of ``, and September 30, 1987''.
---------------------------------------------------------------------------
    (b) Not later than 120 days after the date of enactment of 
this Act, the Administrator of the Agency for International 
Development, in conjunction with the Secretary of Agriculture, 
shall submit to Congress a report indicating the manner in 
which the Agency intends to implement the provisions of 
paragraphs (1) and (2) of section 406(a) of the Agricultural 
Trade Development and Assistance Act of 1954 with the funds 
made available under subsection (a).
          * * * * * * *

                           FOOD FOR PROGRESS

    Sec. 1110.\6\ (a) This section may be cited as the ``Food 
for Progress Act of 1985''.
---------------------------------------------------------------------------
    \6\7 U.S.C. 1736o. Sec. 4(g) of Executive Order No. 12752 of 
February 25, 1991 (56 F.R. 8255; February 27, 1991) delegated to the 
Secretary of Agriculture the functions conferred on the President in 
the Food for Progress Act, as amended.
    Sec. 703 of the FREEDOM Support Act (Public Law 102-511; 106 Stat. 
3349), provided the following:
    ``Sec. 703. Assistance for Private Voluntary Organizations.
    ``The President is encouraged to use funds made available under 
section 109 of Public Law 102-229 (105 Stat. 1708), and funds made 
available under chapter 11 of part I of the Foreign Assistance Act of 
1961, to assist private voluntary organizations and cooperatives in 
carrying out food assistance programs for the independent states of the 
former Soviet Union under--
---------------------------------------------------------------------------

          ``(1) section 1110 of the Food Security Act of 1985 (7 U.S.C. 
        1736o);
          ``(2) section 416 of the Agricultural Act of 1949 (7 U.S.C. 
        1431); or
          ``(3) title II of the Agricultural Trade Development and 
        Assistance Act of 1954 (7 U.S.C. 1721 et seq.).''.
    (b)\7\,\8\ In order to use the food resources of 
the United States more effectively in support of developing 
countries, and countries that are emerging democracies, that\9\ 
have made commitments to introduce or expand free enterprise 
elements in their agricultural economies through changes in 
commodity pricing, marketing, input availability, distribution, 
and private sector involvement, the President is authorized to 
enter into agreements with the governments of such countries 
(including the independent states of the former Soviet 
Union),\10\ or with private voluntary organizations, nonprofit 
agricultural organizations, cooperatives, intergovernmental 
organizations,\11\ or other private entities,\12\ to furnish 
commodities made available pursuant to subsections (e) and (f) 
of this section. Such agreements may provide for commodities to 
be furnished on a multiyear basis.
---------------------------------------------------------------------------
    \7\The function vested in the President by sec. 1110(b) of entering 
into agreements with developing countries and any report requirements 
concerning such agreements was delegated to the Director of the 
International Development Cooperation Agency by Executive Order 12583 
of February 19, 1987, 52 F.R. 5427. This function may be redelegated to 
the head of any other agency. Executive Order 12583 also provided that 
the exercise of this function be coordinated through the Food Aid 
Subcommittee of the Development Coordination Committee.
    \8\Sec. 701(1)(C) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3348) inserted paragraph designation (1), and sec. 701(1)(D) 
of that Act added par. (2). Subsequently, sec. 227(1) of Public Law 
104-127 (110 Stat. 962) struck out these two additions.
    \9\Sec. 1516(1)(A) of the Food, Agriculture, Conservation, and 
Trade Act of 1990 (Public Law 101-624; 104 Stat. 3663) struck out 
``countries that'' and inserted in lieu thereof ``developing countries, 
and countries that are emerging democracies, that''.
    \10\Sec. 701(1)(A) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3348) inserted ``(including the independent states of the 
former Soviet Union)'' after ``such countries''.
    \11\Sec. 227(1)(A)(ii) of Public Law 104-127 (110 Stat. 962) 
inserted ``intergovernmental organizations,'' after ``cooperatives''.
    \12\Sec. 1516(1)(B) of the Food, Agriculture, Conservation, and 
Trade Act of 1990 (Public Law 101-624; 104 Stat. 3663) struck out 
``developing countries'' and inserted in lieu thereof ``the governments 
of such countries, or with private voluntary organizations, nonprofit 
agricultural organizations, or cooperatives,''. Sec. 701(1)(B) of the 
FREEDOM Support Act (Public Law 102-511; 106 Stat. 3348) further 
amended this clause by striking out ``or cooperatives'' and inserting 
in lieu thereof ``cooperatives, or other private entities''.
---------------------------------------------------------------------------
    (c) As used in this section, the term ``commodities'' means 
agricultural commodities and the products thereof.
    (d) In determining whether to enter into an agreement\13\ 
under this section, the President shall consider whether a 
potential recipient country is committed to carry out, or is 
carrying out, policies that promote economic freedom, private, 
domestic production of food commodities for domestic 
consumption, and the creation and expansion of efficient 
domestic markets for the purchase and sale of such commodities. 
Such policies may provide for, among other things--
---------------------------------------------------------------------------
    \13\Sec. 1516(2) of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (Public Law 101-624; 104 Stat. 3663) struck out ``with 
countries'' at this point.
---------------------------------------------------------------------------
          (1) access, on the part of farmers in the country, to 
        private, competitive markets for their product;
          (2) market pricing of commodities to foster adequate 
        private sector incentives to individual farmers to 
        produce food on a regular basis for the country's 
        domestic needs;
          (3) establishment of market-determined foreign 
        exchange rates;
          (4) timely availability of production inputs (such as 
        seed, fertilizer, or pesticides) to farmers;
          (5) access to technologies appropriate to the level 
        of agricultural development in the country; and
          (6) construction of facilities and distribution 
        systems necessary to handle perishable products.
    (e)(1) The Commodity Credit Corporation shall make 
available to the President such commodities determined to be 
available under section 401 of the Agricultural Trade 
Development and Assistance Act of 1954 as the President may 
request for purposes of furnishing commodities under this 
section.
    (2) Notwithstanding any other provision of law, the 
Commodity Credit Corporation may use funds appropriated to 
carry out title I of the Agricultural Trade Development and 
Assistance Act of 1954 in carrying out this section with 
respect to commodities made available under that Act.
    (3) The Commodity Credit Corporation may finance the sale 
and exportation of commodities, made available under the 
Agricultural Trade Development and Assistance Act of 1954, 
which are furnished\14\ under this section. Payment\14\ for 
commodities made available under that Act which are purchased 
on credit terms under this section shall be on the same basis 
as the terms provided in section 103\15\ of that Act.
---------------------------------------------------------------------------
    \14\Sec. 1516(3) of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (Public Law 101-624; 104 Stat. 3663): (A) struck out ``to a 
developing country''; and (B) struck out ``by a developing country''.
    \15\Sec. 265(b) of Public Law 104-127 (110 Stat. 974) struck out 
``section 106'' and inserted in lieu thereof ``section 103''.
---------------------------------------------------------------------------
    (4) In the case of commodities made available under the 
Agricultural Trade Development and Assistance Act of 1954 for 
purposes of this section, section 406\16\ of that Act shall 
apply to commodities furnished on a grant basis\17\ under this 
section and sections 402, 403(a), 403(c), and 403(i)\18\ of 
that Act shall apply to all commodities furnished\17\ under 
this section.
---------------------------------------------------------------------------
    \16\Sec. 227(2) of Public Law 104-127 (110 Stat. 962) struck out 
``203'' and inserted in lieu thereof ``406''.
    \17\Sec. 1516(4)(A) of the Food, Agriculture, Conservation, and 
Trade Act of 1990 (Public Law 101-624; 104 Stat. 3663) struck out ``to 
a developing country'' at these two points.
    \18\Sec. 1516(4)(B) of the Food, Agriculture, Conservation, and 
Trade Act of 1990 (Public Law 101-624; 104 Stat. 3663) struck out 
``section 401(b)'' and inserted in lieu thereof ``sections 402, 403(a), 
403(c), and 403(i)''.
---------------------------------------------------------------------------
    (f)(1)\19\ The Commodity Credit Corporation may provide 
for--
---------------------------------------------------------------------------
    \19\Sec. 701(2) of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3348) restated subsec. (f)(1).
---------------------------------------------------------------------------
          (A) grants, or
          (B)\20\ sales on credit terms,
---------------------------------------------------------------------------
    \20\Sec. 227(3)(A) of Public Law 104-127 (110 Stat. 962) struck out 
``in the case of the independent states of the former Soviet Union,'' 
before ``sales''.
---------------------------------------------------------------------------
of commodities made available under section 416(b) of the 
Agricultural Act of 1949 for use in carrying out this section.
    (2)\21\ In carrying out section 416(b) of the Agricultural 
Act of 1949, the Commodity Credit Corporation may purchase 
commodities for use under this section if--
---------------------------------------------------------------------------
    \21\Sec. 227(3) of Public Law 104-127 (110 Stat. 962) struck out 
para. (2), and redesignated paras. (3) through (5) as (2) through (4). 
Para. (2) had read as follows:
    ``(2) Not less than 75,000 metric tons shall be made available 
pursuant to section 416(b)(10)(C) of the Agricultural Act of 1949 to 
carry out this section unless the President determines there are an 
insufficient number of eligible recipients.''.
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          (A) the Commodity Credit Corporation does not hold 
        stocks of such commodities; or
          (B) Commodity Credit Corporation stocks are 
        insufficient to satisfy commitments made in agreements 
        entered into under this section and such commodities 
        are needed to fulfill such commitments.
    (3)\21\ No funds of the Commodity Credit Corporation in 
excess of $30,000,000 (exclusive of the cost of commodities) 
may be used for each of fiscal years 1996 through 2002\22\ to 
carry out this section with respect to commodities made 
available under section 416(b) of the Agricultural Act of 1949 
unless authorized in advance in appropriation Acts.
---------------------------------------------------------------------------
    \22\Sec. 227(3)(C) of Public Law 104-127 (110 Stat. 962) inserted 
``for each of fiscal years 1996 through 2002'' after ``may be used''.
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    (4)\21\ The cost of commodities made available under 
section 416(b) of the Agricultural Act of 1949 which are 
furnished under this section, and the expenses incurred in 
connection with furnishing such commodities, shall be in 
addition to the level of assistance programmed under the 
Agricultural Trade Development and Assistance Act of 1954 and 
may not be considered expenditures for international affairs 
and finance.
    (g) Not more than 500,000 metric tons of commodities may be 
furnished under this section in each of the fiscal years 1986 
through 2992.\23\
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    \23\Sec. 1516(6) of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (Public Law 101-624; 104 Stat. 3663) struck out ``1990'' 
and inserted in lieu thereof ``1995''. Sec. 227(4) of Public Law 104-
127 (110 Stat. 962) struck out ``1995'' and inserted in lieu thereof 
``2002''.
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    (h) An agreement entered into under this section shall 
prohibit the resale or transshipment of the commodities 
provided under the agreement to other countries.
    (i) In entering into agreements under this section, the 
President shall take reasonable steps to avoid displacement of 
any sales of United States commodities that would otherwise be 
made to such countries.
    (j)\24\ In carrying out this section, the President 
may,\25\ on request and subject to the availability of 
commodities, approve agreements that provide for commodities to 
be made available for distribution or sale by the recipient\26\ 
on a multiyear basis if the agreements otherwise meet the 
requirements of this section.
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    \24\Sec. 1572(1) of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (Public Law 101-624; 104 Stat. 3702) struck subsec. (j), 
which had been amended by that same Act at sec. 1516(7); and 
redesignated subsec. (k) as (j). Subsec. (j), as redesignated, was 
originally added by sec. 4303 of Public Law 100-418.
    \25\Sec. 227(5) of Public Law 104-127 (110 Stat. 962) struck out 
``shall'' and inserted in lieu thereof ``may''.
    \26\Sec. 1516(8) of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (Public Law 101-624; 104 Stat. 3663) struck out ``recipient 
countries'' and inserted in lieu thereof ``the recipient''.
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    (k)\27\ This section shall be effective during the period 
beginning October 1, 1985, and ending December 31, 2002.\28\
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    \27\Sec. 335(3) of Public Law 102-237 (105 Stat. 1859) redesignated 
subsecs. (l) and (m) as (k) and (l), respectively.
    \28\Sec. 1516(9) of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (Public Law 101-624; 104 Stat. 3663) struck out ``1990'' 
and inserted in lieu thereof ``December 31, 1995''. Subsequently, sec. 
335(1) of Public Law 102-237 (105 Stat. 1859) struck out reference to 
``September 30,''. Subsequently, sec. 227(6) of Public Law 104-127 (110 
Stat. 962) struck out ``1995'' and inserted in lieu thereof ``2002''.
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  (l)\29\ (1) To enhance the development of private sector 
agriculture in countries receiving assistance under this 
section,\30\ the President may, in each of the fiscal years 
1996 through 2002,\31\ use in addition to any amounts or 
commodities otherwise made available under this section\30\ for 
such activities, not to exceed $10,000,000 of Commodity Credit 
Corporation funds (or commodities of an equal value owned by 
the Corporation), to provide assistance in the administration, 
sale, and monitoring of food assistance programs, and to 
provide technical assistance for monetization programs,\32\ to 
strengthen private sector agriculture in recipient countries.
---------------------------------------------------------------------------
    \29\Sec. 1516(10) of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (Public Law 101-624; 104 Stat. 3663) added subsec. (m). 
Sec. 335(3) of Public Law 102-237 (105 Stat. 1859) redesignated this 
subsec. as (l).
    \30\Sec. 335(2) of Public Law 102-237 (105 Stat. 1859) struck out 
``this Act'' and inserted in lieu thereof ``this section''.
    \31\sec. 227(7)(A) of Public Law 104-127 (110 Stat. 962) struck out 
``1991 through 1995'' and inserted in lieu thereof ``1996 through 
2002''.
    \32\Sec. 227(7)(B) of Public Law 104-127 (110 Stat. 963) inserted 
``, and to provide technical assistance for monetization programs,'' 
after monitoring of food assistance programs''.
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  (2) To carry out this subsection, the President may provide 
agricultural commodities under agreements entered into under 
this Act in a manner that uses the commodity transaction as a 
means of developing in the recipient countries a competitive 
private sector that can provide for the importation, 
transportation, storage, marketing and distribution of such 
commodities.
  (3) The President may use the assistance provided under this 
subsection and local currencies derived from the sale of 
commodities under paragraph (2) to design, monitor, and 
administer activities undertaken with such assistance, for the 
purpose of strengthening or creating the capacity of recipient 
country private enterprises to undertake commercial 
transactions, with the overall goal of increasing potential 
markets for United States agricultural commodities.
    (m)\33\ In carrying out this section,\34\ the President 
shall approve, as determined appropriate by the President, 
agreements with agricultural trade organizations, 
intergovernmental organizations, private voluntary 
organizations and cooperatives\35\ that provide for--
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    \33\Sec. 701(3) of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3348) added subsecs. (m) and (n).
    \34\Sec. 227(8)(A) of Public Law 104-127 (110 Stat. 963) struck out 
``with respect to the independent states of the former Soviet Union'' 
after ``In carrying out this section''.
    \35\Sec. 227(8)(B) of Public Law 104-127 (110 Stat. 963) struck out 
``private voluntary organizations and cooperatives'' and inserted in 
lieu thereof ``agricultural trade organizations, intergovernmental 
organizations, private voluntary organizations and cooperatives''.
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          (1) the sale of commodities, including the marketing 
        of these commodities through the private sector; and
          (2) the use\36\ of the proceeds generated in the 
        humanitarian and development programs of such 
        agricultural trade organizations, intergovernmental 
        organizations, private voluntary organizations and 
        cooperatives.\35\
---------------------------------------------------------------------------
    \36\Sec. 227(8)(C) of Public Law 104-127 (110 Stat. 963) struck out 
``in the independent states '' after ``the use''.
---------------------------------------------------------------------------
    (n)\33\ As used in this section, the term ``independent 
states of the former Soviet Union'' means the independent 
states of the former Soviet Union as defined in section 102(8) 
of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(8)).

        SALES FOR LOCAL CURRENCIES; PRIVATE ENTERPRISE PROMOTION

    Sec. 1111. (a) * * *
    (b) The Congress finds that additional steps should be 
taken to use the agricultural abundance produced by American 
farmers--
          (1) to relieve hunger and promote long-term food 
        security and economic development in developing 
        countries in accordance with the development assistance 
        policy established under section 102 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2151-1); and
          (2) to promote United States agricultural trade 
        interests.

                           CHILD IMMUNIZATION

    Sec. 1112. (a) * * *
    (b) In the implementation of health programs undertaken in 
relation to assistance provided under the Agricultural Trade 
Development and Assistance Act of 1954, it shall be the goal of 
the organizations and agencies involved to provide as many 
additional immunizations of children as possible. Such 
increased immunization activities should be taken in 
coordination with similar efforts of other organizations and in 
keeping with any national plans for expanded programs of 
immunization. The President shall include information 
concerning such immunization activities in the annual reports 
required by section 634 of the Foreign Assistance Act of 1961, 
including a report on the estimated number of immunizations 
provided each year pursuant to this subsection.

    SPECIAL ASSISTANT FOR AGRICULTURAL TRADE AND FOOD ASSISTANCE\37\

    Sec. 1113.\38\ (a) The President shall appoint a Special 
Assistant to the President for Agricultural Trade and Food 
Assistance\37\ (hereinafter in this section referred to as the 
``Special Assistant''). The President shall appoint the initial 
Special Assistant not later than May 1, 1986.\39\
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    \37\The word ``assistance'' replaced the word ``aid'' as a result 
of Sec. 4(a) of Public Law 99-260 (100 Stat. 49).
    \38\7 U.S.C. 1736-1.
    \39\The last sentence of sec. 1113(a) was added by sec. 4(d) of 
Public Law 99-260 (100 Stat. 49).
---------------------------------------------------------------------------
    (b) The Special Assistant shall serve in the Executive 
Office of the President.
    (c) The Special Assistant shall--
          (1) assist and advise the President in order to 
        improve and enhance food assistance programs carried 
        out in the United States and foreign countries;
          (2) be available to receive suggestions and 
        complaints concerning the implementation of United 
        States food aid and agricultural export programs 
        anywhere in the United States Government and provide 
        prompt responses thereto, including expediting the 
        program implementation in any instances in which there 
        is unreasonable delay;
          (3) make recommendations to the President on means to 
        coordinate and streamline the manner in which food 
        assistance programs are carried out by the Department 
        of Agriculture and the Agency for International 
        Development, in order to improve their overall 
        effectiveness;
          (4) make recommendations to the President on measures 
        to be taken to increase use of United States 
        agricultural commodities and the products thereof 
        through food assistance programs;
          (5) advise the President on agricultural trade;
          (6) advise the President on the Food for Progress 
        Program and expedite its implementation;
          (7) serve as a member of the Development Coordination 
        Committee and the Food Aid Subcommittee of such 
        Committee;
          (8) advise departments and agencies of the Federal 
        Government on their policy guidelines on basic issues 
        of food assistance policy to the extent necessary to 
        assure the coordination of food assistance programs, 
        consistent with law, and with the advice of such 
        Subcommittee; and
          (9) submit a report to the President and Congress 
        each year through 1990 containing--
                  (A) a global analysis of world food needs and 
                production; and\40\
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    \40\Sec. 1572(2) of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (Public Law 101-624; 104 Stat. 3702): added ``and'' at the 
end of subpar. (A); struck out subpar. (B); and redesignated subpar. 
(C) as (B). Subpar. (B) had required ``an identification of at least 15 
target countries which are most likely to emerge as growth markets for 
agricultural commodities in the next 5 to 10 years''.
---------------------------------------------------------------------------
                  (B) a detailed plan for using available 
                export and food aid authorities to increase 
                United States agricultural exports to those 
                targeted countries.
    (d)\41\ Compensation for the Special Assistant shall be 
fixed by the President at an annual rate of basic pay of not 
less than the rate applicable to positions in level III of the 
Executive Schedule.
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    \41\Subsec. (d) was amended by sec. 4(d) of Public Law 99-260 (100 
Stat. 49), which substituted the provisions relating to the additional 
required functions of the Special Assistant for the provisions relating 
to compensation for the Special Assistant. Subsec. (d) previously read 
as follows:
    ``(d) The Special Assistant shall also--
---------------------------------------------------------------------------

          ``(1) solicit information and advice from private and 
        governmental sources and recommend a plan to the President and 
        Congress on measures that should be taken--

                  ``(A) to promote the export of United States 
                agricultural commodities and the products thereof; and
                  ``(B) to expand export markets for United States 
                agricultural commodities and the products thereof;

          ``(2) develop and recommend to the President national 
        agricultural policies to foster and promote the United States 
        agricultural industry and to maintain and increase strength of 
        this vitally important sector of the United States economy; and
          ``(3)(A) appraise the various programs and activities of the 
        Federal Government, as they affect the United States 
        agricultural industry, for the purpose of determining the 
        extent to which such programs and activities are contributing 
        or not contributing to such industry; and
          ``(B) make recommendations to the President and Congress with 
        respect to the effectiveness of such programs and activities in 
        contributing to such industry.''.

       Subtitle B--Maintenance and Development of Export Markets

                        TRADE POLICY DECLARATION

    Sec. 1121.\42\ It is hereby declared to be the agricultural 
trade policy of the United States to--
---------------------------------------------------------------------------
    \42\7 U.S.C. 1736p. Sec. 267 of Public Law 104-127 (110 Stat. 974) 
struck out subsec. (a), struck out subsec. designation ``(b)'', struck 
out paras. (1) through (4) in former subsec. (b), and inserted new 
paras. (1) through (4).
    Subsec. (a) and paras. (1) through (4) of former subsec. (b) read 
as follows:
    ``(a) Congress finds that--
---------------------------------------------------------------------------

          ``(1) the volume and value of United States agricultural 
        exports have significantly declined in recent years as a result 
        of unfair foreign competition and the high value of the dollar;
          ``(2) this decline has been exacerbated by the lack of 
        uniform and coherent objectives in United States agricultural 
        trade policy and the absence of direction and coordination in 
        trade policy formulation;
          ``(3) agricultural interests have been under-represented in 
        councils of government responsible for determining economic 
        policy that has contributed to a strengthening of the United 
        States dollar;
          ``(4) foreign policy objectives of the United States have 
        been introduced into the trade policy process in a manner 
        injurious to the goal of maximizing United States economic 
        interests through trade; and
          ``(5) the achievement of that goal is in the best interests 
        of the United States.
---------------------------------------------------------------------------
    ``(b) It is hereby declared to be the agricultural trade policy of 
the United States to--
---------------------------------------------------------------------------

          ``(1) provide through all means possible agricultural 
        commodities and their products for export at competitive 
        prices, with full assurance of quality and reliability of 
        supply;
          ``(2) support the principle of free trade and the promotion 
        of fairer trade in agricultural commodities and their products;
          ``(3) cooperate fully in all efforts to negotiate with 
        foreign countries reductions in current barriers to fair trade;
          ``(4) counter aggressively unfair foreign trade practices 
        using all available means, including export restitution, export 
        bonus programs, and, if necessary, restrictions on United 
        States imports of foreign agricultural commodities and their 
        products, as a means to encourage fairer trade;''.
          (1) be the premier supplier of agricultural and food 
        products to world markets and expand exports of high 
        value products;
          (2) support the principle of free trade and the 
        promotion of fair trade in agricultural commodities and 
        products;
          (3) cooperate fully in all efforts to negotiate with 
        foreign countries further reductions in tariff and 
        nontariff barriers to trade, including sanitary and 
        phytosanitary measures and trade-distorting subsidies;
          (4) aggressively counter unfair foreign trade 
        practices as a means of encouraging fairer trade;
          (5) remove foreign policy constraints to maximize 
        United States economic interests through agricultural 
        trade; and
          (6) provide for the consideration of United States 
        agricultural trade interests in the design of national 
        fiscal and monetary policy that may foster continued 
        strength in the value of the dollar.
---------------------------------------------------------------------------
    \43\Formerly at 7 U.S.C. 1736q. Sec. 268 of Public Law 104-127 (110 
Stat. 975) repealed sec. 1122, which had stated the sense of the 
Congress regarding trade liberalization.
---------------------------------------------------------------------------
    Sec. 1122.\43\ * * * [Repealed--1996]

SEC. 1123.\44\ TRADE NEGOTIATIONS POLICY.

    (a) Findings.--Congress finds that--
---------------------------------------------------------------------------
    \44\7 U.S.C. 1736r. Sec. 269 of Public Law 104-127 (110 Stat. 975) 
amended and restated sec. 1123. The section previously had authorized 
the Secretary of Agriculture to confer with representatives of other 
major agricultural producing countries and initiate and pursue 
agricultural trade consultations among major agricultural producing 
countries.
---------------------------------------------------------------------------
          (1) on a level playing field, United States producers 
        are the most competitive suppliers of agricultural 
        products in the world;
          (2) exports of United States agricultural products 
        accounted for $54,000,000,000 in 1995, contributing a 
        net $24,000,000,000 to the merchandise trade balance of 
        the United States and supporting approximately 
        1,000,000 jobs;
          (3) increased agricultural exports are critical to 
        the future of the farm, rural, and overall United 
        States economy, but the opportunities for increased 
        agricultural exports are limited by the unfair 
        subsidies of the competitors of the United States, and 
        a variety of tariff and nontariff barriers to highly 
        competitive United States agricultural products;
          (4) international negotiations can play a key role in 
        breaking down barriers to United States agricultural 
        exports;
          (5) the Uruguay Round Agreement on Agriculture made 
        significant progress in the attainment of increased 
        market access opportunities for United States exports 
        of agricultural products, for the first time--
                  (A) restraining foreign trade-distorting 
                domestic support and export subsidy programs; 
                and
                  (B) developing common rules for the 
                application of sanitary and phytosanitary 
                restrictions;
        that should result in increased exports of United 
        States agricultural products, jobs, and income growth 
        in the United States;
          (6) the Uruguay Round Agreement on Agriculture did 
        not succeed in completely eliminating trade distorting 
        domestic support and export subsidies by--
                  (A) allowing the European Union to continue 
                unreasonable levels of spending on export 
                subsidies; and
                  (B) failing to discipline monopolistic state 
                trading entities, such as the Canadian Wheat 
                Board, that use nontransparent and 
                discriminatory pricing as a hidden de facto 
                export subsidy;
          (7) during the period 1996 through 2002, there will 
        be several opportunities for the United States to 
        negotiate fairer trade in agricultural products, 
        including further negotiations under the World Trade 
        Organization, and steps toward possible free trade 
        agreements of the Americas and Asian-Pacific Economic 
        Cooperation (APEC); and
          (8) the United States should aggressively use these 
        opportunities to achieve more open and fair 
        opportunities for trade in agricultural products.
    (b) Goals of the United States in Agricultural Trade 
Negotiations.--The objectives of the United States with respect 
to future negotiations on agricultural trade include--
          (1) increasing opportunities for United States 
        exports of agricultural products by eliminating tariff 
        and nontariff barriers to trade;
          (2) leveling the playing field for United States 
        producers of agricultural products by limiting per unit 
        domestic production supports to levels that are no 
        greater than those available in the United States;
          (3) ending the practice of export dumping by 
        eliminating all trade distorting export subsidies and 
        disciplining state trading entities so that they do not 
        (except in cases of bona fide food aid) sell in foreign 
        markets at prices below domestic market prices or 
        prices below their full costs of acquiring and 
        delivering agricultural products to the foreign 
        markets; and
          (4) encouraging government policies that avoid price-
        depressing surpluses.
    Sec. 1124.\45\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \45\Formerly at 7 U.S.C. 1736s. Sec. 1124, relating to targeted 
export assistance, was repealed by sec. 1572(3) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 
104 Stat. 3702).
---------------------------------------------------------------------------
    Sec. 1125.\46\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \46\Formerly at 7 U.S.C. 1736t. Sec. 1125, relating to short-term 
export credit, was repealed by sec. 1572(3) of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat. 
3702).
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                 COOPERATOR MARKET DEVELOPMENT PROGRAM

    Sec. 1126.\47\ (a) It is the sense of Congress that the 
cooperator market development program of the Foreign 
Agricultural Service should be continued to help develop new 
markets and expand and maintain existing markets for United 
States agricultural commodities, using nonprofit agricultural 
trade organizations to the maximum extent practicable.
---------------------------------------------------------------------------
    \47\7 U.S.C. 1736u.
---------------------------------------------------------------------------
    (b) The cooperator market development program shall be 
exempt from the requirements of Circular A 110 issued by the 
Office of Management and Budget.
    (c) * * *

  DEVELOPMENT AND EXPANSION OF MARKETS FOR UNITED STATES AGRICULTURAL 
                              COMMODITIES

    Sec. 1127.\48\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \48\Sec. 1127 (7 U.S.C. 1736v) was repealed by sec. 1572(3) of the 
Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-
624; 104 Stat. 3702).
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    POULTRY, BEEF AND PORK MEATS AND MEAT-FOOD PRODUCTS, EQUITABLE 
                               TREATMENT

    Sec. 1128.\49\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \49\Sec. 1128 (7 U.S.C. 1736w) was repealed by sec. 1572(3) of the 
Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-
624; 104 Stat. 3702).
---------------------------------------------------------------------------

   PILOT BARTER PROGRAM FOR EXCHANGE OF AGRICULTURAL COMMODITIES FOR 
                          STRATEGIC MATERIALS

    Sec. 1129.\50\ * * *
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    \50\Sec. 1129 amended sec. 416 of the Agricultural Act of 1949.
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          * * * * * * *

                      AGRICULTURAL ATTACHE REPORTS

    Sec. 1132.\51\ * * * [Repealed--1990]
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    \51\Sec. 1132 (7 U.S.C. 1736x) was repealed by sec. 1572(3) of the 
Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-
624; 104 Stat. 3702).
---------------------------------------------------------------------------

           CONTRACT SANCTITY AND PRODUCER EMBARGO PROTECTION

    Sec. 1133.\52\ (a) It is hereby declared to be the policy 
of the United States--
---------------------------------------------------------------------------
    \52\7 U.S.C. 1736y.
---------------------------------------------------------------------------
          (1) to foster and encourage the export of 
        agricultural commodities and the products of such 
        commodities;
          (2) not to restrict or limit the export of such 
        commodities and products except under the most 
        compelling circumstances;
          (3) that any prohibition or limitation on the export 
        of such commodities or products should be imposed only 
        in time of a national emergency declared by the 
        President under the Export Administration Act; and
          (4) that contracts for the export of such commodities 
        or products entered into before the imposition of any 
        prohibition or limitation on the export of such 
        commodities or products should not be abrogated.

                 STUDY TO REDUCE FOREIGN EXCHANGE RISK

    Sec. 1134. (a) The Secretary of Agriculture shall conduct a 
study to determine the feasibility, practicability and cost of 
implementing a program to reduce the risk of foreign exchange 
fluctuations that is incurred by the purchasers of United 
States agricultural exports under United States export credit 
promotion programs. The purpose of the study is to examine 
whether the GSM-102 program and all other United States export 
credit initiatives relating to agricultural exports would be 
enhanced by the United States assuming the foreign exchange 
risk of the buyer which resulted from a rise in the value of 
the United States dollar compared to the trade-weighted index 
of the dollar. The index referred to is the ``trade-weighted 
index'' published by the Department of Commerce as a 
measurement of the relative buying power of the dollar compared 
to the currencies of nations trading with the United States. 
The elements of the program to be considered in this study 
would include the following:
          (1) On the date a foreign buyer receives GSM-102 or 
        other credit for purposes of purchasing United States 
        agricultural products, the maximum loan repayment 
        exchange rate would be tied to the trade-weighted value 
        of the United States dollar on the same date.
          (2) If in the future the United States dollar gains 
        in strength (a higher trade-weighted index), the buyer 
        would continue to repay the loan at the lower value 
        fixed at the time the GSM-102 credit was extended.
          (3) If the United States dollar falls in value during 
        the term of the repayment period, the foreign buyer 
        could calculate his repayment on the lower dollar 
        value.
    (b) Not later than six months after the enactment of this 
Act, the Secretary shall report the results of such study to 
the Committee on Agriculture of the House of Representatives 
and to the Committee on Agriculture, Nutrition, and Forestry of 
the Senate.

     Subtitle C--Export Transportation of Agricultural Commodities

                       FINDINGS AND DECLARATIONS

    Sec. 1141. (a) The Congress finds and declares--
          (1) that a productive and healthy agricultural 
        industry and a strong and active United States maritime 
        industry are vitally important to the economic well-
        being and national security objectives of our Nation;
          (2) that both industries must compete in 
        international markets increasingly dominated by foreign 
        trade barriers and the subsidization practices of 
        foreign governments; and
          (3) that increased agricultural exports and the 
        utilization of United States merchant vessels 
        contribute positively to the United States balance of 
        trade and generate employment opportunities in the 
        United States.
    (b) It is therefore declared to be the purpose and policy 
of the Congress in this subtitle--
          (1) to enable the Department of Agriculture to plan 
        its export programs effectively, by clarifying the 
        ocean transportation requirements applicable to such 
        programs;
          (2) to take immediate and positive steps to promote 
        the growth of the cargo carrying capacity of the United 
        States merchant marine;
          (3) to expand international trade in United States 
        agricultural commodities and products and to develop, 
        maintain, and expand markets for United States 
        agricultural exports;
          (4) to improve the efficiency of administration of 
        both the commodity purchasing and selling and the ocean 
        transportation activities associated with export 
        programs sponsored by the Department of Agriculture;
          (5) to stimulate and promote both the agricultural 
        and maritime industries of the United States and 
        encourage cooperative efforts by both industries to 
        address their common problems; and
          (6) to provide in the Merchant Marine Act, 1936, for 
        the appropriate disposition of these findings and 
        purposes.

EXEMPTION OF CERTAIN AGRICULTURAL EXPORTS FROM THE REQUIREMENTS OF THE 
                         CARGO PREFERENCE LAWS

    Sec. 1142.\53\ * * *
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    \53\Sec. 1142 amended the Merchant Marine Act, 1936 (46 U.S.C. 1101 
et seq.).
---------------------------------------------------------------------------

                          EFFECT ON OTHER LAWS

    Sec. 1143. This subtitle shall not be construed as 
modifying in any manner the provisions of section 4(b)(8) of 
the Food for Peace Act of 1966 (7 U.S.C. 1707a(b)(8)) or 
chapter 5 of title 5, United States Code.
          * * * * * * *

                      Subtitle E--Trade Practices

          * * * * * * *

                   ASSESSMENT OF EXPORT DISPLACEMENT

    Sec. 1162.\54\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \54\Sec. 1162 (7 U.S.C. 1736z) was repealed by sec. 1572(3) of the 
Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-
624; 104 Stat. 3702).
---------------------------------------------------------------------------

                     EXPORT SALES OF DAIRY PRODUCTS

    Sec. 1163.\55\ (a)\56\ In each fiscal year, the Secretary 
of Agriculture may sell dairy products for export, at such 
prices as the Secretary determines appropriate, in a quantity 
and allocated as determined by the Secretary, consistent with 
the obligations undertaken by the United States set forth in 
the Uruguay Round Agreements, if the disposition of the 
commodities will not interfere with the usual marketings of the 
United States nor disrupt world prices of agricultural 
commodities and patterns of world trade.
---------------------------------------------------------------------------
    \55\7 U.S.C. 1731 note.
    \56\Sec. 411(c) of Public Law 103-465 (108 Stat. 4963) amended and 
restated subsec. (a). It previously read as follows, as amended by sec. 
111 of Public Law 101-624 (104 Stat. 3380), and by sec. 107(1) of 
Public Law 100-435 (102 Stat. 1651):
    ``(a) In each of the fiscal years 1986 through 1995, the Secretary 
of Agriculture shall sell for export, at such prices as the Secretary 
determines appropriate, not less than 150,000 metric tons of dairy 
products owned by the Commodity Credit Corporation, of which not less 
than 100,000 metric tons shall be butter and not less than 20,000 
metric tons shall be cheese, if that disposition of such commodities 
will not interfere with the usual marketings of the United States nor 
disrupt world prices of agricultural commodities and normal patterns of 
commercial trade.''.
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    (b) Such sales shall be made through the Commodity Credit 
Corporation under existing authority available to the Secretary 
or the Commodity Credit Corporation.
    (c) Through September 30, 1995,\57\ the Secretary shall 
report semi-annually to the Committee on Agriculture of the 
House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate on the volume of sales 
made under this section.
---------------------------------------------------------------------------
    \57\Sec. 111 of the Food, Agriculture, Conservation, and Trade Act 
of 1990 (Public Law 101-624; 104 Stat. 3380) struck out ``1990'' and 
inserted in lieu thereof ``1995''. Previously, sec. 107(2) of Public 
Law 100-435 (102 Stat. 1651) struck out ``1988'' and inserted ``1990''.
---------------------------------------------------------------------------
    Sec. 1164.\58\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \58\Sec. 270 of Public Law 104-127 (110 Stat. 976) repealed sec. 
1164, relating to unfair trade practices.
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                               THAI RICE

    Sec. 1165.\59\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \59\Sec. 1165 (7 U.S.C. 1736 note) was repealed by sec. 1572(3) of 
the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 
101-624; 104 Stat. 3702).
---------------------------------------------------------------------------

barter of agricultural commodities for strategic and critical materials

    Sec. 1167.\60\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \60\Sec. 1167 (7 U.S.C. 1736aa) was repealed by sec. 1572(3) of the 
Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-
624; 104 Stat. 3702).
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          * * * * * * *

       TITLE XIV--AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING

                     Subtitle A--General Provisions

          * * * * * * *

             AGRICULTURAL INFORMATION EXCHANGE WITH IRELAND

    Sec. 1420. (a) The Secretary of Agriculture shall undertake 
discussions with representatives of the Government of Ireland 
that may lead to an agreement that will provide for the 
development of a program between the United States and Ireland 
whereby there will be--
          (1) a greater exchange of--
                  (A) agricultural scientific and educational 
                information, techniques, and data;
                  (B) agricultural marketing information, 
                techniques, and data; and
                  (C) agricultural producer, student, teacher, 
                agribusiness (private and cooperative) 
                personnel; and
          (2) the fostering of joint investment ventures, 
        cooperative research, and the expansion of United 
        States trade with Ireland.
    (b) The Secretary shall periodically report to the Chairman 
of the Committee on Agriculture of the House of Representatives 
and the Chairman of the Committee on Agriculture, Nutrition, 
and Forestry of the Senate to keep such Committees apprised of 
the progress and accomplishments, and such other information as 
the Secretary considers appropriate, with regard to the 
development of such program.
          * * * * * * *
          i. President's Emergency Food Assistance Act of 1984

Partial text of Public Law 98-473 [Continuing Appropriations Act, 1985; 
    H.J. Res. 648], 98 Stat. 1837 at 2194, approved October 12, 1984

 JOINT RESOLUTION Making continuing appropriations for the fiscal year 
                     1985, and for other purposes.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,
          * * * * * * *

      TITLE III--PRESIDENT'S EMERGENCY FOOD ASSISTANCE ACT OF 1984

                              SHORT TITLE

    Sec. 301.\1\ This title may be cited as the ``President's 
Emergency Food Assistance Act of 1984''.
---------------------------------------------------------------------------
    \1\7 U.S.C. 1728 note.
---------------------------------------------------------------------------

                   Part A--President's Emergency Fund

                                FINDINGS

    Sec. 302.\2\ The Congress finds that--
---------------------------------------------------------------------------
    \2\7 U.S.C. 1728.
---------------------------------------------------------------------------
          (1) acute food crises continue to cause loss of life, 
        severe malnutrition, and general human suffering in 
        many areas of the Third World, especially in sub-
        Saharan Africa;
          (2) the United States continues to respond to these 
        needs, as a reflection of its humanitarian concern for 
        the people of the Third World, with emergency food and 
        other necessary assistance to alleviate the suffering 
        of those affected by severe food shortages;
          (3) the timely provision of food and other necessary 
        assistance to those in need is of paramount importance 
        if the worst effects of such food crisis are to be 
        mitigated; and
          (4) the ability of the United States to provide food 
        and other necessary assistance on a timely basis, and 
        to ensure that such assistance is distributed to those 
        in need, should be enhanced in order to better enable 
        the United States to help those affected by severe food 
        shortages.

                       ESTABLISHMENT OF THE FUND

    Sec. 303.\3\ (a) There is hereby established the 
President's Emergency Food Assistance Fund (hereafter in this 
title referred to as the ``Fund''). Whenever the President 
determines it to be in the national interest of the United 
States, he is authorized to furnish, in accordance with the 
provisions of this part, and on such terms and conditions as he 
may determine, assistance from the Fund for the purpose of 
alleviating the human suffering of peoples outside the United 
States caused by acute food shortages. Such assistance may be 
provided through such governments or other entities, private or 
public, including intergovernmental and multilateral 
organizations, as the President deems appropriate.
---------------------------------------------------------------------------
    \3\7 U.S.C. 1728a.
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    (b) Because the effects of severe food shortages will vary 
with the country or region, assistance to alleviate human 
suffering may include the provision of food assistance or such 
activities as the provision of seed, animal fodder, animal 
vaccines, and transportation (including inland transportation) 
and distribution services.
    (c) There are authorized to be appropriated to the 
President $50,000,000 each for fiscal year 1985 and fiscal year 
1986 to carry out the purposes of this title, to remain 
available until expended.
    (d) The President may make loans, advances, and grants to, 
make and perform agreements and contracts with, or enter into 
transactions with, any individual, corporation, or other body 
of persons, government or government agency, whether within or 
without the United States, and international and 
intergovernmental organizations in furtherance of the purposes 
and within the limitations of this title.

                                REPORTS

    Sec. 304.\4\ Not later than December 31 of each year, the 
President shall submit a comprehensive report to the 
appropriate committees of Congress detailing all activities 
carried out under the authority of this title during the 
previous fiscal year.
---------------------------------------------------------------------------
    \4\7 U.S.C. 1728b.
---------------------------------------------------------------------------

                     Part B--Food for Peace Program

                       TRANSPORTATION AND STORAGE

    Sec. 305.\5\  * * *
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    \5\Sec. 305 amended sec. 203 of the Agricultural Trade Development 
and Assistance Act of 1954 (7 U.S.C. 1723).
                        j. Agricultural Exports

Partial text of Public Law 98-258 [Agricultural Programs Adjustment Act 
       of 1984, H.R. 4072], 98 Stat. 130, approved April 10, 1984

 AN ACT To make adjustments in the commodity programs for wheat, feed 
    grains, upland cotton, and rice, to provide agricultural credit 
                  assistance, 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 ``Agricultural Programs Adjustment Act 
of 1984''.
          * * * * * * *

                     TITLE V--AGRICULTURAL EXPORTS

                           EXPORT ASSISTANCE

    Sec. 501. It is the sense of Congress that the President 
should implement, as soon as practicable after the enactment of 
this Act, the actions, proposed by the Administration to 
complement the provisions of this Act, to further assist in the 
development, maintenance, and expansion of international 
markets for United States agricultural commodities and products 
thereof, as follows--
          (1) for the fiscal year ending September 30, 1984, 
        the President will--
                  (A) request congressional approval for the 
                appropriation of funds in the amount of 
                $150,000,000, in addition to the President's 
                February 1984 request for a supplemental 
                appropriation of $90,000,000, to carry out 
                programs of assistance under titles I, II, and 
                III of the Agricultural Trade Development and 
                Assistance Act of 1954 (Public Law 480);\1\ and
---------------------------------------------------------------------------
    \1\Second Supplemental Appropriations Act, 1984, (Public Law 98-
396; 98 Stat. 1369 at 1371) provided:
    ``For an additional amount for `Public Law 480', for financing the 
sale of agricultural commodities for convertible foreign currencies and 
for dollars on credit terms, pursuant to titles I and III of said Act, 
$175,000,000, of which $175,000,000 is hereby appropriated, to remain 
available until September 30, 1985.''.
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                  (B) direct the Secretary of Agriculture to 
                increase funding, over the current budgeted 
                level, for the Export Credit Guarantee Program 
                (GSM-102), carried out through the Commodity 
                Credit Corporation, by not less than 
                $500,000,000; and
          (2) for the fiscal year ending September 30, 1985, 
        the President will--
                  (A) request congressional approval for the 
                appropriation of funds in the amount of at 
                least $175,000,000, in addition to the current 
                funding level contained in the President's 
                budget for that year, to carry out programs of 
                assistance under titles I, II, and III of 
                Public Law 480;
                  (B) direct the Secretary of Agriculture to 
                increase funding, over the levels contained in 
                the President's budget for that year or 
                otherwise required by law, by not less than 
                $1,100,000,000 for the Export Credit Guarantee 
                Program (GSM-102) and by not less than 
                $100,000,000 for direct export credit programs 
                carried out through the Commodity Credit 
                Corporation (GSM-5, GSM-201, and GSM-301); and
                  (C) request or use an additional amount of 
                $50,000,000 (over the amounts specified in 
                clauses (2)(A) and (2)(B)) either for increased 
                funding for direct export credit programs 
                carried out through the Commodity Credit 
                Corporation or for additional assistance under 
                Public Law 480, in such proportions as 
                determined necessary and appropriate by the 
                President.

 EXPANDED AUTHORITY FOR THE USE ABROAD OF COMMODITY CREDIT CORPORATION 
 STOCKS; ACQUISITION AND DONATION OF ULTRA-HIGH TEMPERATURE PROCESSED 
                                  MILK

    Sec. 502.\2\ * * *
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    \2\Sec. 502 amended sec. 416 of the Agricultural Act of 1949 by 
adding new subsections (b) and (c).
                  k. Food and Agriculture Act of 1977

  Partial text of Public Law 95-113 [S. 275], 91 Stat. 913, approved 
                           September 29, 1977

 AN ACT To provide price and income protection for farmers and assure 
 consumers of an abundance of food and fiber at reasonable prices, 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, with the following table of contents, may be cited as the 
``Food and Agriculture Act of 1977''.
          * * * * * * *

                       TITLE XII--PUBLIC LAW 480

_______________________________________________________________________


          Note.--Sections 1201-1208 of Title XII amend the 
        Agricultural Trade Development and Assistance Act of 
        1954.
_______________________________________________________________________

          * * * * * * *

       USE OF NONPRICE-SUPPORTED COMMODITIES UNDER PUBLIC LAW 480

    Sec. 1209.\1\ It is the sense of Congress that there be no 
discrimination between ``price-supported'' and ``nonprice-
supported'' commodities in the programing of commodities under 
the Agricultural Trade Development and Assistance Act of 1954, 
as amended (Public Law 480).
---------------------------------------------------------------------------
    \1\7 U.S.C. 1691 note.
---------------------------------------------------------------------------

         SPECIAL TASK FORCE ON THE OPERATION OF PUBLIC LAW 480

    Sec. 1210.\1\ (a) It is the sense of Congress that 
attention be given to handling, storage, transportation, and 
administrative procedures in order to make improvements in the 
operation of the Agricultural Trade Development and Assistance 
Act of 1954, as amended (Public Law 480). Toward this 
objective, the Secretary of Agriculture shall appoint a special 
task force to review and report upon the administration of the 
Act.
    (b) Such review shall include, but not be limited to, 
organizational arrangements for the administration of Public 
Law 480, or parts thereof, title I allocation criteria and 
procedures, quality control, including handling and storage 
through the first stage of distribution in the recipient 
country, and regulation of businesses and organizations to 
which services are contracted under Public Law 480.
    (c) Not later than eighteen months following enactment of 
this Act, the Secretary of Agriculture shall transmit to 
Congress the report of such task force, along with 
administrative actions the Secretary has taken or intends to 
take as a result of such report, and recommendations, if any, 
for legislative changes.
 l. Extension of Agricultural Trade Development and Assistance Act of 
                            1954, as amended

 Partial text of Public Law 85-931 [S. 3420], 72 Stat. 1790, approved 
  September 6, 1958; as amended by Public Law 87-703 [H.R. 12391], 76 
Stat. 605 at 611, approved September 27, 1962; and by Public Law 89-808 
   [Food for Peace Act of 1966, H.R. 14929], 80 Stat. 1526 at 1538, 
                       approved November 11, 1966

   AN ACT To extend and amend the Agricultural Trade Development and 
                        Assistance Act of 1954.

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


          Note.--Except for secs. 8 and 9, Public Law 85-931 
        consists of amendments to the Agricultural Trade 
        Development and Assistance Act of 1954 and the 
        Agricultural Act of 1956.
_______________________________________________________________________

          * * * * * * *
    Sec. 8.\1\ In carrying out the provisions of the 
Agricultural Trade Development and Assistance Act of 1954, as 
amended, extra long staple cotton shall be made available for 
sale pursuant to the provisions of title I of the Act in the 
same manner as upland cotton or any other surplus agricultural 
commodity is made available, and products manufactured 
entirely\2\ from upland or long staple cotton shall be made 
available for sale pursuant to the provisions of title I of the 
Act as long as cotton is in surplus supply in the same manner 
as any other agricultural commodity or product is made 
available, and no discriminatory or other conditions shall be 
imposed which will prevent or tend to interfere with their sale 
or availability for sale under the Act.\3\
---------------------------------------------------------------------------
    \1\7 U.S.C. 1601 note.
    \2\The word ``entirely'' and the words ``in the same manner as any 
other agricultural commodity or product is made available'' were added 
by sec. 3(d) of Public Law 89-808 (Food for Peace Act of 1966).
    \3\Sec. 3(d) of Public Law 89-808 inserted a period in lieu of a 
colon and struck out a proviso, which read as follows: ``Provided, That 
that portion of sales price of such products which is financed as a 
sale for foreign currency under title I of the Act shall be limited to 
the estimated portion of the sales price of such products attributable 
to the raw cotton content of such products''.
---------------------------------------------------------------------------
    Sec. 9.\4\ Notwithstanding any other provision of law 6 
those areas under the jurisdiction or administration of the 
United States are authorized to receive from the Department of 
Agriculture for distribution on the same basis as domestic 
distribution in any State, Territory, or possession of the 
United States, without exchange of funds, such surplus 
commodities as may be available pursuant to clause (2) of 
section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 
612c), and section 416 of the Agricultural Act of 1949, as 
amended (7 U.S.C. 1431).\5\
---------------------------------------------------------------------------
    \4\7 U.S.C. 1431b.
    \5\Sec. 3(a) of Public Law 89-808 struck out the symbol ``(1)'' 
after the word ``law''; inserted a period in lieu of a semicolon, and 
struck out the language after the semicolon, which read as follows: 
``and (2) the Commodity Credit Corporation is authorized to purchase 
products of oil seeds, and edible oils and fats and the products 
thereof in such form as may be needed for donation abroad as provided 
in the following sentence. Any such commodities or products if 
purchased shall be donated to nonprofit voluntary agencies registered 
with the Department of State, other appropriate agencies of the Federal 
Government or international organizations for use in the assistance of 
needy persons and in nonprofit school lunch programs outside the United 
States. Commodity Credit Corporation may incur such additional costs 
with respect to such oil as it is authorized to incur with respect to 
food commodities disposed of under section 416 of the Agricultural Act 
of 1949.''.
    m. Implementation of the Enterprise for the Americas Initiative

  Executive Order 12757, March 19, 1991, 56 F.R. 12107, 7 U.S.C. 1738 
 note; as amended by Executive Order 12823, December 3, 1992, 57 F.R. 
                                 57645

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the Agricultural Trade Development and Assistance Act 
of 1954 (``ATDA Act''),\1\ as amended by Public law 101-624, 
Public Law 102-237, and the Foreign Assistance Act of 1961 
(``FAA''), as amended by Public Law 102-549,\2\ it is hereby 
ordered as follows:
---------------------------------------------------------------------------
    \1\The text in parentheses was amended by sec. 1(a)(1) of Executive 
Order 12823 (57 F.R. 57645). It formerly read ``Act''.
    \2\Sec. 1(a)(2) of Executive Order 12823 (57 F.R. 57645) struck out 
``section 1512 of Public Law 101-624,'' and inserted in lieu thereof 
``Public law 101-624, Public Law 102-237, and the Foreign Assistance 
Act of 1961 (``FAA''), as amended by Public Law 102-549''.
---------------------------------------------------------------------------
    Section 1. The functions vested in the President by section 
603, 604, 611, and 614 of the ATDA Act and sections 703 and 704 
of the FAA\3\ are delegated to the Secretary of the Treasury 
(``Secretary''), who shall exercise such functions in 
accordance with recommendations of the National Advisory 
Council on International Monetary and Financial Policies 
(``Council''), as established by Executive Order No. 11269 of 
February 14, 1966; except that, with respect to the eligibility 
determinations required by section 703(a)(1), (2), (3), and (4) 
of the FAA, the Secretary of the Treasury shall act in 
accordance with the recommendations of the Secretary of 
State.\4\ The Secretary of State, when necessary, shall report 
to the Council regarding the need to review the implementation 
of environmental programs pursuant to section 611 of the ATDA 
Act.\5\
---------------------------------------------------------------------------
    \3\Sec. 1(b)(1) of Executive Order 12823 (57 F.R. 57645) struck out 
``Act'' and inserted in lieu thereof ``ATDA Act and sections 703 and 
704 of the FAA''.
    \4\Sec. 1(b)(2) of Executive Order 12823 (57 F.R. 57645) inserted 
``; except that, with respect to the eligibility determinations 
required by section 703(a)(1), (2), (3), and (4) of the FAA, the 
Secretary of the Treasury shall act in accordance with the 
recommendations of the Secretary of State'' after ``1966''.
    \5\Sec. 1(b)(3) of Executive Order 12823 (57 F.R. 57645) struck out 
``Act'' and inserted in lieu thereof ``ATDA Act''.
---------------------------------------------------------------------------
    Sec. 2. (a) For purposes of section 1 of this order only, 
the membership of the Council shall be expanded to include the 
following: the Secretary of Agriculture, the Director of the 
Office of Management and Budget, the Chairman of the Council of 
Economic Advisers,the Chairman of the Council on Environmental 
Quality, and the Administrator of the Environmental Protection 
Agency.
    (b) Whenever matters being considered by the Council may be 
of interest to an agency not represented on the Council, the 
chairperson may invite a representative of such agency to 
participate in meetings and deliberations of the Council.
    (c) In the event of a disagreement among agencies 
represented on the Council, the Secretary shall refer the issue 
to the appropriate Cabinet-level body designated by the 
President.
    Sec. 3. (a) The functions vested in the President by 
section 607 of the ATDA Act\6\ are delegated to the Secretary 
of State, in consultation with the Department of the Treasury, 
the Department of Agriculture, the Department of Commerce, the 
Council on Environmental Quality, the Environmental Protection 
Agency, the Agency for International Development, and any other 
agency determined by the Secretary of State to have an interest 
in an environmental framework agreement.
---------------------------------------------------------------------------
    \6\Sec. 1(c) of Executive Order 12823 (57 F.R. 57645) struck out 
``Act'' and inserted in lieu thereof ``ATDA Act''.
---------------------------------------------------------------------------
    (b) Pursuant to section 610(c) of the ATDA Act and section 
709(1) of the FAA,\7\ the Enterprise for the Americas Board\8\ 
shall also advise the Secretary of State on the negotiations of 
the environmental framework agreements and the Americas 
Framework Agreements.\9\
---------------------------------------------------------------------------
    \7\Sec. 1(d)(1) of Executive Order 12823 (57 F.R. 57645) struck out 
``Act'' and inserted in lieu thereof ``ATDA Act and section 709(1) of 
the FAA''.
    \8\Sec. 1(d)(2) of Executive Order 12823 (57 F.R. 57645) struck out 
``the Environment for the Americas Board'' and inserted in lieu thereof 
``the Enterprise for the Americas Board''.
    \9\Sec. 1(d)(3) of Executive Order 12823 (57 F.R. 57645) inserted 
``and the Americas Framework Agreements'' after ``agreements''.
---------------------------------------------------------------------------
    (c) The Secretary of State shall ensure that the elements 
and requirements for the Administering Bodies established in 
section 607(c) of the ATDA Act and section 708(c) of the 
FAA\10\ shall be included in the environmental framework 
agreements and the Americas Framework Agreements.\11\
---------------------------------------------------------------------------
    \10\Sec. 1(e)(1) of Executive Order 12823 (57 F.R. 57645) struck 
out ``Act'' and inserted in lieu thereof ``ATDA Act and section 708(c) 
of the FAA''.
    \11\Sec. 1(e)(2) of Executive Order 12823 (57 F.R. 57645) inserted 
``and the Americas Framework Agreements'' after ``agreements''.
---------------------------------------------------------------------------
    Sec. 4. (a) The six\12\ U.S. Government members of the 
Enterprise for the Americas Board\13\ (``Board'') established 
by section 610 of the ATDA Act\14\ shall be representatives 
from the Department of State, the Department of the Treasury, 
the Department of Agriculture,\15\ the Environmental Protection 
Agency, the Agency for International Development, and the 
Inter-American Foundation.
---------------------------------------------------------------------------
    \12\Sec. 1(f)(1) of Executive Order 12823 (57 F.R. 57645) struck 
out ``five'' and inserted in lieu thereof ``six''.
    \13\Sec. 1(f)(2) of Executive Order 12823 (57 F.R. 57645) struck 
out``Environment for the Americas Board'' and inserted in lieu thereof 
``Enterprise for the Americas Board''.
    \14\Sec. 1(f)(3) of Executive Order 12823 (57 F.R. 57645) struck 
out``Act'' and inserted in lieu thereof ``ATDA Act''.
    \15\Sec. 1(f)(4) of Executive Order 12823 (57 F.R. 57646) inserted 
``the Department of Agriculture,''.
---------------------------------------------------------------------------
    (b) The Department of Commerce,\16\ and other appropriate 
agencies may each send representatives to the meetings of the 
Board, and such representatives may participate in the 
activities of the Board.
---------------------------------------------------------------------------
    \16\Sec. 1(g) of Executive Order 12823 (57 F.R. 57646) struck out 
``the Department of Agriculture, '' here.
---------------------------------------------------------------------------
    (c) The representative from the Department of the Treasury 
shall be the chairperson of the Board. The representative from 
the Department of State shall be the vice chairman of the 
Board. The representative from the Environmental Protection 
Agency shall serve as secretary of the Board.
          (1) The chairperson shall be responsible for 
        presiding over the meetings of the Board, ensuring that 
        the views of all other participants are taken into 
        account, and coordinating with other appropriate 
        agencies in assisting the Board in its review of the 
        fiscal audits conducted pursuant to section 607(c)(4) 
        of the ATDA Act and section 708(c)(3)(C) of the 
        FAA.\17\
---------------------------------------------------------------------------
    \17\Sec. 1(h) of Executive Order 12823 (57 F.R. 57646) struck out 
``Act'' and inserted in lieu thereof ``ATDA Act and section 
708(c)(3)(C) of the FAA''.
---------------------------------------------------------------------------
          (2) The vice chairperson shall be responsible for 
        serving as liaison between the Board and local 
        governments, local nongovernmental organizations, and 
        the local Administering Bodies in Latin America and the 
        Caribbean, and for coordinating the international 
        activities related to programs funded under the ATDA 
        Act and Part IV of the FAA.\18\
---------------------------------------------------------------------------
    \18\Sec. 1(i) of Executive Order 12823 (57 F.R. 57646) struck out 
``Act'' and inserted in lieu thereof ``ATDA Act and Part IV of the 
FAA''.
---------------------------------------------------------------------------
          (3) The secretary of the Board shall be responsible 
        for coordinating the preparation of materials for Board 
        discussion, including the technical reviews of the 
        annual programs and reports required to be submitted to 
        the Board under section 607 (c)(5) and (c)(6) of the 
        ATDA Act and section 708(c)(3) (E) and (F) of the 
        FAA,\19\ and for preparing official minutes of Board 
        discussions.
---------------------------------------------------------------------------
    \19\Sec. 1(j) of Executive Order 12823 (57 F.R. 57646) struck out 
``Act'' and inserted in lieu thereof ``ATDA Act and section 708(c)(3) 
(E) and (F) of the FAA''.
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    (d) The five\20\ private nongovernmental organization 
members of the Board shall be chosen by the President.
---------------------------------------------------------------------------
    \20\Sec. 1(k) of Executive Order 12823 (57 F.R. 57646) struck out 
``four'' and inserted in lieu thereof ``five''.
---------------------------------------------------------------------------
    Sec. 5. No new agreement under Title I of the Agricultural 
Trade Development and Assistance Act of 1954, as amended,\21\ 
and no new credit agreement under the Food for Progress Act of 
1985, as amended,\22\ shall be entered into with any country 
that is in default with respect to the payment of principal or 
interest on any obligation issued pursuant to section 604 of 
the ATDA Act\23\ unless such country meets its obligations or 
unless the President so authorizes.
---------------------------------------------------------------------------
    \21\Sec. 1(l)(1) of Executive Order 12823 (57 F.R. 57646) struck 
out ``by section 1512 of Public Law 101-624'' before the comma.
    \22\Sec. 1(l)(2) of Executive Order 12823 (57 F.R. 57646) inserted 
``, as amended,'' after ``1985''.
    \23\Sec. 1(l)(3) of Executive Order 12823 (57 F.R. 57646) struck 
out ``section 604 of the Act'' and inserted in lieu thereof ``section 
604 of the ATDA Act''.
---------------------------------------------------------------------------
    Sec. 6. This order is intended only to improve the internal 
management of the executive branch and is not intended to 
create any right or benefit, substantive or procedural, 
enforceable at law by a party against the United States, its 
agencies, its officers, or any person.
n. Implementation of the Agricultural Trade Development and Assistance 
  Act of 1954, as Amended, and the Food for Progress Act of 1985, as 
                                Amended

 Executive Order 12752, February 25, 1991, 56 F.R. 8255, 7 U.S.C. 1691 
 note; amended by Executive Order 13044, April 18, 1997, 62 F.R. 19665

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the Agricultural Trade Development and Assistance Act 
of 1954, as amended by Public Law 101-624 (``Agricultural Trade 
Development Act''), the Food for Progress Act of 1985, as 
amended by Public Law 101-624 (``Food for Progress Act''), and 
section 301 of title 3 of the United States Code, it is hereby 
ordered as follows:
    Section 1. Establishment of Programs. There is hereby 
established:
    (a) a program under title I of the Agricultural Trade 
Development Act to provide for the sale of agricultural 
commodities to developing countries and private entities.\1\ 
Such program shall be implemented by the Secretary of 
Agriculture (hereafter referred to as the ``Secretary'').
---------------------------------------------------------------------------
    \1\Executive Order 13044 (April 18, 1997; 62 F.R. 19665) struck out 
``developing countries'' and inserted in lieu thereof ``developing 
countries and private entities''.
---------------------------------------------------------------------------
    (b) a program under title II of the Agricultural Trade 
Development Act to provide for the donation of agricultural 
commodities to foreign countries. Such program shall be 
implemented by the Administrator of the Agency for 
International Development (hereafter referred to as the 
``Administrator'').
    (c) a program under title III of the Agricultural Trade 
Development Act to provide for the donation of agricultural 
commodities to least developed countries. Such program shall be 
implemented by the Administrator.
    Sec. 2. International Negotiations and Accounting for 
Foreign Currencies. (a) The Secretary with respect to title I, 
and the Administrator with respect to titles II and III of the 
Agricultural Trade Development Act, shall negotiate and execute 
agreements under the Agricultural Trade Development Act in 
accord with section 112b of title I of the United States Code 
and applicable regulations and procedures of the Department of 
State.
    (b)(1) Foreign currencies that accrue to the United States 
under titles I and III of the Agricultural Trade Development 
Act may be used for the purposes set forth in section 014 and 
section 306 of that Act, respectively, in amounts consistent 
with applicable provisions of law and agreements. Such foreign 
currencies shall be subject to regulations of the Department of 
the Treasury governing the purchase, custody, deposit, 
transfer, and sale of foreign currencies received under the 
Agricultural Trade Development Act.
    (2) The Director of the Office of Management and Budget 
(hereafter referred to as the ``Director'') shall determine the 
amount of foreign currencies to be used for the purposes of 
section 104(c)(8) of the Agricultural Trade Development Act, 
and such purposes shall be carried out by the agencies with 
authority to pay the obligations abroad. The purposes of the 
remaining paragraphs of section 104(c) of that Act shall be 
carried out by the Department of Agriculture, utilizing where 
appropriate, the expertise of other agencies.
    (3) The Secretary and Administrator shall transmit the 
reports required by the provisions of paragraph 5 of the Act of 
August 13, 1957 (71 Stat. 345; 7 U.S.C. 1704a), as related to 
the use of foreign currencies accruing under title I and title 
III of the Agricultural Trade Development Act, respectively.
    Sec. 3. Policy Coordination. (a) To ensure policy 
coordination of assistance provided under the Agricultural 
Trade Development Act and the Food for Progress Act, there is 
hereby established a Food Assistance Policy Council (hereafter 
referred to as the ``Council'').
    (b) The Council will include senior representatives of the 
Department of Agriculture, the Agency for International 
Development, the Department of State, and the Office of 
Management and Budget. Meetings of the Council shall be called 
by the Secretary or his designee at the request of any senior 
representative of the Council.
    (c) The Council shall advise the President on appropriate 
policies under the Agricultural Trade Development Act and the 
Food for Progress Act and shall coordinate decisions on 
allocations and other policy issues, as well as prepare the 
report required by section 407(g)(1) of the Agricultural Trade 
Development Act.
    (d) As necessary for effective coordination, the Council 
shall provide its advice to the President through the 
appropriate Cabinet-level body.
    Sec. 4.\2\ Delegation of Responsibilities. (a) The function 
conferred upon the President in section 403(j) of the 
Agricultural Trade Development Act is hereby delegated to the 
Secretary of State.
---------------------------------------------------------------------------
    \2\Executive Order 13044 (April 18, 1997; 62 F.R. 19665) struck out 
paras. (a) and (c) in sec. 4, and redesignated the remaining 
subsections as subsecs. (a) through (e). Subsec. (a) formerly provided 
that the consultation required by section 401(a) of the Agricultural 
Trade Development Act was to be undertaken through the National 
Advisory Council. Subsec. (c) formerly provided that the function 
conferred upon the President by section 407(h) of the Agricultural 
Trade Development Act was to be delegated to the Administrator.
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    (b) The functions conferred upon the President by section 
411 of the Agricultural Trade Development Act are hereby 
delegated to the Secretary, in consultation with the Council 
and the Department of the Treasury.
    (c) The functions conferred upon the President by section 
412(c) of the Agricultural Trade Development Act are hereby 
delegated to the Director, who shall consult with the Council 
on these functions.
    (d) The functions conferred upon the President by title V 
of the Agricultural Trade Development Act are hereby delegated 
to the Administrator.
    (e) The functions conferred upon the President by the Food 
for Progress Act, as amended, are hereby delegated to the 
Secretary.
    Sec. 5. Regulatory Review. Policies, regulations, and 
analyses required by this Executive order shall be fully 
consistent with the standards and criteria, analyses and 
procedures set forth in Executive Order Nos. 12291 and 12498.
    Sec. 6. Revocations. Executive Order No. 12220 of June 27, 
1980, and Executive Order No. 12583 of February 19, 1987, are 
revoked.
                         2. Agricultural Trade

         a. Agricultural Competitiveness and Trade Act of 1988

 Partial text of Public Law 100-418 [Omnibus Trade and Competitiveness 
  Act of 1988, H.R. 4848], 102 Stat 1107 at 1388, approved August 23, 
 1988, amended by Public Law 101-624 [Food, Agriculture, Conservation, 
and Trade Act of 1990; S. 2830], 104 Stat. 3359, approved November 28, 
 1990; and by Public Law 104-127 [Federal Agriculture Improvement and 
 Reform Act of 1996; H.R. 2854], 110 Stat. 888, approved April 4, 1996

  AN ACT To enhance the competitiveness of American industry, and for 
                            other purposes.

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

                      TITLE IV--AGRICULTURAL TRADE

SEC. 4001.\1\ SHORT TITLE.

  This title may be cited as the ``Agricultural Competitiveness 
and Trade Act of 1988''.
---------------------------------------------------------------------------
    \1\7 U.S.C. 5201 note.
---------------------------------------------------------------------------

               Subtitle A--Findings, Policy, and Purpose

SEC. 4101.\2\ FINDINGS.

  Congress finds that--
---------------------------------------------------------------------------
    \2\7 U.S.C. 5201.
---------------------------------------------------------------------------
          (1) United States agricultural exports have declined 
        by more than 36 percent since 1981, from 
        $43,800,000,000 in 1981 to $27,900,000,000 in 1987;
          (2) the United States share of the world market for 
        agricultural commodities and products has dropped by 20 
        percent during the last 6 years;
          (3) for the first time in 15 years, the United States 
        incurred monthly agricultural trade deficits in 1986;
          (4) the loss of $1,000,000,000 in United States 
        agricultural exports causes the loss of 35,000 
        agricultural jobs and the loss of 60,000 
        nonagricultural jobs;
          (5) the loss of agricultural exports threatens family 
        farms and the economic well-being of rural communities 
        in the United States;
          (6) factors contributing to the loss of United States 
        agricultural exports include changes in world 
        agricultural markets such as--
                  (A) the addition of new exporting nations;
                  (B) innovations in agricultural technology;
                  (C) increased use of export subsidies 
                designed to lower the price of commodities on 
                the world market;
                  (D) the existence of barriers to agricultural 
                trade;
                  (E) the slowdown in the growth of world food 
                demand in the 1980's due to cyclical economic 
                factors, including currency fluctuations and a 
                debt-related slowdown in the economic growth of 
                agricultural markets in certain developing 
                countries; and
                  (F) the rapid buildup of surplus stocks as a 
                consequence of favorable weather for 
                agricultural production during the 1980's;
          (7) increasing the volume and value of exports is 
        important to the financial well-being of the farm 
        sector in the United States and to increasing farm 
        income in the United States;
          (8) in order to increase agricultural exports and 
        improve prices for farmers and ranchers in the United 
        States, it is necessary that all agricultural export 
        programs of the United States be used in an expeditious 
        manner, including programs established under the 
        Agricultural Trade Development and Assistance Act of 
        1954 (7 U.S.C. 1691 et seq.), the Commodity Credit 
        Corporation Charter Act (15 U.S.C. 714 et seq.), and 
        section 416 of the Agricultural Act of 1949 (7 U.S.C. 
        1431);
          (9) greater use should be made by the Secretary of 
        Agriculture of the authorities established under 
        section 4 of the Food for Peace Act of 1966 (7 U.S.C. 
        1707a), the Agricultural Trade Development and 
        Assistance Act of 1954 (7 U.S.C. 1691 et seq.), section 
        416 of the Agricultural Act of 1949 (7 U.S.C. 1431), 
        and the Commodity Credit Corporation Charter Act (15 
        U.S.C. 714 et seq.) to provide intermediate credit 
        financing and other assistance for the establishment of 
        facilities in importing countries to--
                  (A) improve the handling, marketing, 
                processing, storage, and distribution of 
                imported agricultural commodities and products; 
                and
                  (B) increase livestock production to enhance 
                the demand for United States feed grains;
          (10) food aid and export assistance programs in 
        developing countries stimulate economic activity which 
        causes incomes to rise, and, as incomes rise, diets 
        improve and the demand for and ability to purchase food 
        increases;
          (11) private voluntary organizations and cooperatives 
        are important and successful partners in our food aid 
        and development programs; and
          (12) in addition to meeting humanitarian needs, food 
        aid used in sales and barter programs by private 
        voluntary organizations and cooperatives--
                  (A) provides communities with health care, 
                credit systems, and tools for development; and
                  (B) establishes the infrastructure that is 
                essential to the expansion of markets for 
                United States agricultural commodities and 
                products.

SEC. 4102.\3\ POLICY.

  It is the policy of the United States--
---------------------------------------------------------------------------
    \3\7 U.S.C. 5202.
---------------------------------------------------------------------------
          (1) to provide, through all possible means, 
        agricultural commodities and products for export at 
        competitive prices, with full assurance of quality and 
        reliability of supply;
          (2) to support the principle of free trade and the 
        promotion of fair trade in agricultural commodities and 
        products;
          (3) to support fully the negotiating objectives set 
        forth in section 1101(b) of this Act to eliminate or 
        reduce substantially constraints on fair and open trade 
        in agricultural commodities and products;
          (4) to use statutory authority to counter unfair 
        foreign trade practices and to use all available means, 
        including export promotion programs, and, if necessary, 
        restrictions on United States imports of agricultural 
        commodities and products, in order to encourage fair 
        and open trade; and
          (5) to provide for increased representation of United 
        States agricultural trade interests in the formulation 
        of national fiscal and monetary policy affecting trade.

SEC. 4103.\4\ PURPOSE.

  It is the purpose of this title--
---------------------------------------------------------------------------
    \4\7 U.S.C. 5203.
---------------------------------------------------------------------------
          (1) to increase the effectiveness of the Department 
        of Agriculture in agricultural trade policy formulation 
        and implementation and in assisting United States 
        agricultural producers to participate in international 
        agricultural trade, by strengthening the operations of 
        the Department of Agriculture; and
          (2) to improve the competitiveness of United States 
        agricultural commodities and products in the world 
        market.

               Subtitle B--Agricultural Trade Initiatives

                       part 1--general provisions

SEC. 4201.\5\ LONG-TERM AGRICULTURAL TRADE STRATEGY REPORTS. * * * 
                    [REPEALED--1990]
---------------------------------------------------------------------------

    \5\Sec. 1571 of the Food, Agriculture, Conservation, and Trade Act 
of 1990 (Public Law 101-624; 104 Stat. 3702) repealed secs. 4201, 4202, 
4205, 4206, 4211, 4212, 4213, 4305, and 4311 (7 U.S.C. 5211, 5212, 
5215, 5216, 5231, 5232, 5233, 1736t note, and 1691 note, respectively) 
of this Act.
---------------------------------------------------------------------------

SEC. 4202.\5\ TECHNICAL ASSISTANCE IN TRADE NEGOTIATIONS * * * 
                    [REPEALED--1990]

SEC. 4203.\6\ JOINT DEVELOPMENT ASSISTANCE AGREEMENTS WITH CERTAIN 
                    TRADING PARTNERS.

  (a) Development of Plan.--With respect to any country that 
has a substantial positive trade balance with the United 
States, the Secretary of Agriculture, in consultation with the 
Secretary of State and (through the Secretary of State) 
representatives of such country, may develop an appropriate 
plan under which that country would purchase United States 
agricultural commodities or products for use in development 
activities in developing countries. In developing such plan, 
the Secretary of Agriculture shall take into consideration the 
agricultural economy of such country, the nature and extent of 
such country's programs to assist developing countries, and 
other relevant factors. The Secretary of Agriculture shall 
submit each such plan to the President as soon as practicable.
---------------------------------------------------------------------------
    \6\7 U.S.C. 5213.
---------------------------------------------------------------------------
  (b) Agreement.--The President may enter into an agreement 
with any country that has a positive trade balance with the 
United States under which that country would purchase United 
States agricultural commodities or products for use in agreed-
on development activities in developing countries.

SEC. 4204.\7\ REORGANIZATION EVALUATION.

  The Secretary of Agriculture shall evaluate the 
reorganization proposal recommended by the National Commission 
on Agricultural Trade and Export Policy and other proposals to 
improve management of international trade activities of the 
Department of Agriculture. To assist the Secretary in the 
evaluation, the Secretary shall appoint a private sector 
advisory committee of not less than 4 members, who shall be 
appointed from among individuals representing farm and 
commodity organizations, market development cooperators, and 
agribusiness. Not later than April 30, 1989, the Secretary 
shall report the findings of the evaluation to Congress, 
together with the views and recommendations of the private 
sector advisory committee.
---------------------------------------------------------------------------
    \7\7 U.S.C. 5214.
---------------------------------------------------------------------------

SEC. 4205.\5\ CONTRACTING AUTHORITY TO EXPAND AGRICULTURAL EXPORT 
                    MARKETS. * * * [REPEALED--1990]

SEC. 4206.\5\ ESTABLISHMENT OF TRADE ASSISTANCE OFFICE. * * * 
                    [REPEALED--1990]

                  part 2--foreign agricultural service

SEC. 4211.\5\ PERSONNEL OF THE SERVICE. * * * [REPEALED--1990]

SEC. 4212.\5\ AGRICULTURAL ATTACHE EDUCATIONAL PROGRAM. * * * 
                    [REPEALED--1990]

SEC. 4213.\5\ PERSONNEL RESOURCE TIME. * * * [REPEALED--1990]

SEC. 4214.\8\ COOPERATOR ORGANIZATIONS.

  (a) Sense of Congress.--It is the sense of Congress that the 
foreign market development cooperator program of the Service, 
and the activities of individual foreign market cooperator 
organizations, have been among the most successful and cost-
effective means to expand United States agricultural exports. 
Congress affirms its support for the program and the activities 
of the cooperator organizations. The Administrator and the 
private sector should work together to ensure that the program, 
and the activities of cooperator organizations, are expanded in 
the future.
---------------------------------------------------------------------------
    \8\7 U.S.C. 5234.
---------------------------------------------------------------------------
  (b) Commodities for Cooperator Organizations.--The Secretary 
of Agriculture may make available to cooperator organizations 
agricultural commodities owned by the Commodity Credit 
Corporation, for use by such cooperators in projects designed 
to expand markets for United States agricultural commodities 
and products.
  (c) Relation to Funds.--Commodities made available to 
cooperator organizations under this section shall be in 
addition to, and not in lieu of, funds appropriated for market 
development activities of such cooperator organizations.
  (d) Conflicts of Interest.--The Secretary shall take 
appropriate action to prevent conflicts of interest among 
cooperator organizations participating in the cooperator 
program.
  (e) Evaluation.--It is the sense of Congress that the 
Secretary should establish a consistent, objective means for 
the evaluation of cooperator programs.

SEC. 4215.\9\ AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.

  There are authorized to be appropriated for the Service, in 
addition to any sums otherwise authorized to be appropriated by 
any provision of law other than this section, $20,000,000 for 
each of the fiscal years 1988, 1989, and 1990 for market 
development activities, including--
---------------------------------------------------------------------------
    \9\7 U.S.C. 5235.
---------------------------------------------------------------------------
          (1) expansion of the agricultural attache service;
          (2) expansion of international trade policy 
        activities of the Service;
          (3) enhancement of the Service worldwide market 
        information system;
          (4) increasing the number of trade shows and 
        exhibitions conducted by the Service and upgrading the 
        quality of United States representation at trade shows 
        and exhibitions; and
          (5) developing markets for value-added beef, pork, 
        and poultry products.

            Subtitle C--Existing Agricultural Trade Programs

SEC. 4301.\10\ TRIGGERED MARKETING LOANS AND EXPORT ENHANCEMENT. * * * 
                    [REPEALED--1996]
---------------------------------------------------------------------------

    \10\Formerly at 7 U.S.C. 1446 note. Sec. 263(b) of Public Law 104-
127 (110 Stat. 974) repealed sec. 4301.
---------------------------------------------------------------------------

SEC. 4302.\11\ PRICE SUPPORT PROGRAMS FOR SUNFLOWER SEEDS AND 
                    COTTONSEED.

  (a) Sunflower Seeds.--If producers are permitted to repay 
loans for the 1990 crop of soybeans under section 201(i) of the 
Agricultural Act of 1949 (7 U.S.C. 1446(i)) at a level that is 
less than the full amount of the loan pursuant to section 4301 
of this Act, the Secretary shall support the price of sunflower 
seeds through loans and purchases for the 1990 crop of 
sunflowers in accordance with section 201(l) of the 
Agricultural Act of 1949.
---------------------------------------------------------------------------
    \11\7 U.S.C. 1446 note.
---------------------------------------------------------------------------
  (b) Cottonseed.--If a producer is permitted to repay a loan 
for the 1990 crop of soybeans under section 201(i) of the 
Agricultural Act of 1949 (7 U.S.C. 1446(i)) at a level that is 
less than the full amount of the loan pursuant to section 4301 
of this Act, the Secretary shall support the price of the 1990 
crop of cottonseed at such level as the Secretary determines 
will cause cottonseed to compete on equal terms with soybeans 
on the market. The Secretary shall carry out this subsection 
using the funds, facilities, and authorities of the Commodity 
Credit Corporation.
  (c) Discontinuance.--If the marketing loan program for the 
1990 crop of soybeans is discontinued under section 4301(b)(3) 
of this Act, the Secretary shall discontinue the price support 
programs for sunflower seeds and cottonseed required by this 
section.
          * * * * * * *

SEC. 4305.\5\ EXPORT CREDIT GUARANTEE PROGRAM. * * * [REPEALED--1990]

          * * * * * * *

SEC. 4309.\12\ BARTER OF AGRICULTURAL COMMODITIES.

  In recognition of the importance of barter programs in 
expanding agricultural trade, it is the sense of Congress that 
the Secretary of Agriculture should expedite the implementation 
of section 416(d) of the Agricultural Act of 1949 (7 U.S.C. 
1431(d)) and section 1167 of the Food Security Act of 1985 (7 
U.S.C. 1727g note and 1736aa), relating to the barter of 
agricultural commodities.
---------------------------------------------------------------------------
    \12\7 U.S.C. 1431 note.
---------------------------------------------------------------------------

SEC. 4310.\13\ MINIMUM LEVEL OF FOOD ASSISTANCE.

  (a) Annual Minimum.--It is the sense of Congress that--
---------------------------------------------------------------------------
    \13\7 U.S.C. 1691 note.
---------------------------------------------------------------------------
          (1) the United States should maintain its historic 
        proportion of food assistance constituting one-third of 
        all United States foreign economic assistance; and
          (2) accordingly, the total amount of food assistance 
        made available to foreign countries under the 
        Agricultural Trade Development and Assistance Act of 
        1954 (7 U.S.C. 1691 et seq.) and section 416(b) of the 
        Agricultural Act of 1949 (7 U.S.C. 1431(b)) should not 
        be less than one-third of the total amount of foreign 
        economic assistance provided for each fiscal year.
  (b) Definition.--For purposes of this section, the term 
``foreign economic assistance'' includes--
          (1) assistance under chapter 1 of part I of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
        seq.), the Agricultural Trade Development and 
        Assistance Act of 1954 (7 U.S.C. 1691 et seq.), section 
        416(b) of the Agricultural Act of 1949 (7 U.S.C. 
        1431(b)), or any other law authorizing economic 
        assistance for foreign countries; and
          (2) United States contributions to the International 
        Bank for Reconstruction and Development, the 
        International Development Association, the Inter-
        American Development Bank, the Asian Development Bank, 
        the African Development Bank, or any other multilateral 
        development bank.

SEC. 4311.\5\ FOOD AID AND MARKET DEVELOPMENT. * * * [REPEALED--1990]

                   Subtitle D--Wood and Wood Products

          * * * * * * *

SEC. 4404.\14\ USE OF DEPARTMENT OF AGRICULTURE PROGRAMS.

  The Secretary of Agriculture shall actively use Department of 
Agriculture concessional programs and export credit guarantee 
programs to promote the export of wood and processed wood 
products.
---------------------------------------------------------------------------
    \14\7 U.S.C. 1736t note.
---------------------------------------------------------------------------

                    Subtitle E--Studies and Reports

SEC. 4501. STUDY OF CANADIAN WHEAT IMPORT LICENSING REQUIREMENTS.

  (a) Findings.--Congress finds that--
          (1) Canadian importers of wheat or products 
        containing a minimum of 25 percent wheat (except 
        packaged wheat products for retail sale) from the 
        United States must obtain import licenses from the 
        Canadian Wheat Board;
          (2) the Canadian Wheat Board requires such importers 
        of United States wheat and wheat products to prove that 
        the wheat or wheat products to be imported are not 
        readily available in Canada before issuance of an 
        import license, and therefore, for all practical 
        purposes, such licenses are not granted by the Canadian 
        Wheat Board;
          (3) the licensing requirements of the Canadian Wheat 
        Board's import licensing program result in a trade 
        barrier on the importation of United States wheat and 
        wheat products; and
          (4) Canada is a member of the General Agreement on 
        Tariffs and Trade and, under such agreement, member 
        countries should, in general, eliminate import 
        licensing programs that operate as nontariff trade 
        barriers.
  (b) Study.--The Secretary of Agriculture shall conduct a 
study of the Canadian Wheat Board's import licensing program 
to--
          (1) assess the effect of the Canadian Wheat Board's 
        import licensing program referred to in subsection (a) 
        on wheat producers, processors, and exporters in the 
        United States; and
          (2) determine--
                  (A) the nature and extent of the licensing 
                requirements of the Canadian Wheat Board's 
                import licensing program; and
                  (B) the estimated effect of the Canadian 
                Wheat Board's import licensing program in 
                reducing exports of United States wheat and 
                wheat products to Canada.
  (c) Submission of Results.--Not later than 90 days after the 
date of enactment of this Act, the Secretary shall submit the 
results of the study conducted under subsection (b) to the 
United States Trade Representative.
  (d) Consultation With Congress.--Not later than 90 days after 
the results of the study are submitted, the Secretary and the 
United States Trade Representative shall consult with the 
Committee on Agriculture and the Committee on Ways and Means of 
the House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry and the Committee on Finance of the 
Senate on the status of efforts to negotiate the elimination of 
such Canadian licensing requirements.

SEC. 4502.\15\ IMPORT INVENTORY.

  (a) Compilation and Report on Imports.--The Secretary of 
Agriculture, in consultation with the Secretary of Commerce, 
the International Trade Commission, the United States Trade 
Representative, and the heads of all other appropriate Federal 
agencies, shall compile and report to the public statistics on 
the total value and quantity of imported raw and processed 
agricultural products. The report shall be limited to those 
statistics that such agencies already obtain for other 
purposes.
---------------------------------------------------------------------------
    \15\7 U.S.C. 626.
---------------------------------------------------------------------------
  (b) Compilation and Report on Consumption.--The Secretary 
shall compile and report to the public data on the total 
quantity of production and consumption of domestically produced 
raw and processed agricultural products.
  (c) Issuing of Data.--The reports required by this section 
shall be made in a format that correlates statistics for the 
quantity and value of imported agricultural products to the 
production and consumption of domestic agricultural products. 
The Secretary shall issue such reports on an annual basis, with 
the first report required not later than 1 year after the date 
of enactment of this Act.

SEC. 4503. STUDY RELATING TO HONEY.

  (a) Study.--The Secretary of Agriculture shall conduct a 
study to determine the effect of imported honey on United 
States honey producers, the availability of honey bee 
pollination within the United States, and whether there is 
reason to believe imports of honey tend to interfere with or 
render ineffective the honey price support program of the 
Department of Agriculture.
  (b) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall report the results 
of such study to the Committee on Agriculture and the Committee 
on Ways and Means of the House of Representatives and to the 
Committee on Agriculture, Nutrition, and Forestry and the 
Committee on Finance of the Senate.

SEC. 4504. STUDY OF DAIRY IMPORT QUOTAS.

  (a) Study.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Agriculture shall 
conduct a study to determine whether, and to what extent, the 
price support program for milk established under section 201(d) 
of the Agricultural Act of 1949 (7 U.S.C. 1446(d)) would be 
affected by a reduction in, or elimination of, limitations 
imposed on the importation of certain dairy products under 
section 22 of the Agricultural Adjustment Act (7 U.S.C. 624), 
reenacted with amendments by the Agricultural Marketing 
Agreement Act of 1937, as a result of multilateral trade 
negotiations, including negotiations under the General 
Agreement on Tariffs and Trade. In conducting this study, the 
Secretary shall assess the likelihood of other nations' 
agreeing to reduce or eliminate their domestic dairy price 
stabilization, export subsidization, or import control programs 
in such multilateral negotiations.
  (b) Report.--The Secretary shall submit a report describing 
the results of the study, together with any recommendations, to 
the Committee on Agriculture and the Committee on Ways and 
Means of the House of Representatives, and the Committee on 
Agriculture, Nutrition, and Forestry and the Committee on 
Finance of the Senate.

SEC. 4505. REPORT ON INTERMEDIATE EXPORT CREDIT.

  Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Agriculture shall submit a report to 
the Committee on Agriculture and the Committee on Foreign 
Affairs\16\ of the House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate, on the 
use of authorities established under section 4 of the Food for 
Peace Act of 1966 (7 U.S.C. 1707a), the Agricultural Trade 
Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.), 
section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431), 
and the Commodity Credit Corporation Charter Act (15 U.S.C. 714 
et seq.), to provide intermediate credit financing and other 
trade assistance for the establishment of facilities in 
importing countries--
---------------------------------------------------------------------------
    \16\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.
---------------------------------------------------------------------------
          (1) to improve the handling, marketing, processing, 
        storage, and distribution of imported agricultural 
        commodities and products;
          (2) to increase livestock production in order to 
        enhance the demand for United States feed grains; and
          (3) to increase markets for United States livestock 
        and livestock products.

SEC. 4506.\17\ IMPORTED MEAT, POULTRY PRODUCTS, EGGS, AND EGG PRODUCTS.

  (a) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Agriculture shall 
submit a report to Congress--
---------------------------------------------------------------------------
    \17\21 U.S.C. 1401 note.
---------------------------------------------------------------------------
          (1) specifying the planned distribution, in fiscal 
        years 1988 and 1989, of the resources of the Department 
        of Agriculture available for sampling imported covered 
        products to ensure compliance with the requirements of 
        the Federal Meat Inspection Act (21 U.S.C. 601 et 
        seq.), the Poultry Products Inspection Act (21 U.S.C. 
        451 et seq.), and the Egg Products Inspection Act (21 
        U.S.C. 1031 et seq.) that govern the level of residues 
        of pesticides, drugs, and other products permitted in 
        or on such products;
          (2) describing current methods used by the Secretary 
        to enforce the requirements of such Acts with respect 
        to the level of residues of pesticides, drugs, and 
        other products permitted in or on such products;
          (3) responding to the audit report of the Inspector 
        General of the Department of Agriculture, Number 
        38002--2--hy, dated January 14, 1987;
          (4) providing a summary with respect to the 
        importation of covered products during fiscal years 
        1987 and 1988 that specifies--
                  (A) the number of samples of each such 
                product taken during each such fiscal year in 
                carrying out the requirements described in 
                paragraph (1); and
                  (B) for each violation of such requirements 
                during each such fiscal year--
                          (i) the covered products with respect 
                        to which such violation occurred;
                          (ii) the residue in or on such 
                        product in violation of such 
                        requirements;
                          (iii) the country exporting such 
                        product;
                          (iv) the actions taken in response to 
                        such violation and the reasons for such 
                        actions; and
                          (v) the level of testing conducted by 
                        the countries exporting such products;
          (5) describing any research conducted by the 
        Secretary to develop improved methods to detect 
        residues subject to such requirements in or on covered 
        products; and
          (6) providing any recommendations the Secretary 
        considers appropriate for legislation to add or modify 
        penalties for violations of laws, regulations, and 
        other enforcement requirements governing the level of 
        residues that are permitted in or on imported covered 
        products.
  (b) Revision.--Not later than November 15, 1989, the 
Secretary of Agriculture shall revise, as necessary, the report 
prepared under subsection (a) and submit the revision to 
Congress.
  (c) Definition.--As used in this section, the term ``covered 
products'' means meat, poultry products, eggs, and egg 
products.

SEC. 4507. STUDY OF CIRCUMVENTION OF AGRICULTURAL QUOTAS.

  (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Comptroller General of the United 
States shall conduct a study with respect to--
          (1) whether articles containing dairy products 
        (including chocolate in blocks of at least 10 pounds 
        and other such products) are being imported into the 
        United States in such a manner or in such quantities as 
        to circumvent or avoid the limitations imposed on 
        imports of dairy products under section 22 of the 
        Agricultural Adjustment Act (7 U.S.C. 624), reenacted 
        with amendments by the Agricultural Marketing Agreement 
        Act of 1937; and
          (2) whether products containing refined sugar are 
        being imported into the United States in such a manner 
        or in such quantities as to circumvent or avoid the 
        limitations imposed on imports of refined sugar and 
        sugar containing products imposed under Federal law.
  (b) Requirements.--In conducting the study required under 
subsection (a), the Comptroller General shall investigate--
          (1) the efforts undertaken by the United States 
        Customs Service in the enforcement of the existing 
        quantitative limitations described in subsection (a);
          (2) the change in the composition, volume, and 
        pattern of imports containing sugar and imports 
        containing dairy products subsequent to the initial 
        imposition of the quantitative limitations;
          (3) the effectiveness of section 22 of the 
        Agricultural Adjustment Act (7 U.S.C. 624), reenacted 
        with amendments by the Agricultural Marketing Agreement 
        Act of 1937, in preventing the circumvention or 
        avoidance of the quantitative limitations; and
          (4) the use of United States foreign trade zones to 
        circumvent the quantitative limitations.
  (c) Report.--On completion of the study required by this 
section, the Comptroller General shall report the results of 
the study to the Committee on Agriculture and the Committee on 
Ways and Means of the House of Representatives, and the 
Committee on Agriculture, Nutrition, and Forestry and the 
Committee on Finance of the Senate.

SEC. 4508. STUDY OF LAMB MEAT IMPORTS.

  (a) Study.--The Secretary of Agriculture shall conduct a 
study of the market for lamb meat products in the United 
States, focusing on production, demand, rate of return on 
investment, marketing and trends with respect to the level of 
imports of live lamb and lamb meat products, and the effects of 
such imports on the production of lamb meat in the United 
States.
  (b) Report.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall submit to the 
Committee on Ways and Means and the Committee on Agriculture of 
the House of Representatives and the Committee on Finance and 
the Committee on Agriculture, Nutrition, and Forestry of the 
Senate a report setting forth the results of such study. If 
appropriate, the report should include proposals on ways to 
bring about a long-term increase in per capita consumption of 
lamb meat products and ways to encourage a more profitable and 
productive domestic industry to ensure a plentiful and 
affordable supply of lamb meat.

SEC. 4509. ROSE STUDY.

  (a) Study.--Not later than 240 days after the date of 
enactment of this Act, the United States International Trade 
Commission shall, pursuant to section 332 of the Tariff Act of 
1930 (19 U.S.C. 1332), complete a study with respect to--
          (1) competitive factors affecting the domestic rose-
        growing industry, including competition from imports;
          (2) the effect that the European Community's tariff 
        rate for imported roses has on world trade of roses; 
        and
          (3) the extent to which unfair trade practices and 
        foreign barriers to trade are impeding the marketing 
        abroad of domestically produced roses.
  (b) Report.--The Commission shall report the results of the 
study conducted in accordance with subsection (a) as soon as 
the study is completed to--
          (1) the Committee on Agriculture and the Committee on 
        Ways and Means of the House of Representatives;
          (2) the Committee on Agriculture, Nutrition, and 
        Forestry and the Committee on Finance of the Senate;
          (3) the United States Trade Representative;
          (4) the Secretary of Commerce; and
          (5) the Secretary of Agriculture.
  (c) Review.--It is the sense of Congress that the United 
States Trade Representative, the Secretary of Commerce, and the 
Secretary of Agriculture, should use all available remedies, 
programs, and policies within their respective jurisdictions to 
assist the domestic rose industry to maintain and enhance its 
ability to compete in the domestic and world market for roses 
if, after their review of the study and report required by this 
section, such officials determine that such action is 
appropriate to counter any adverse effects on the domestic rose 
industry caused by unfair trade practices of foreign 
competitors.

           Subtitle F--Miscellaneous Agricultural Provisions

          * * * * * * *

SEC. 4605. STUDY OF INTERNATIONAL MARKETING IN LAND GRANT COLLEGES AND 
                    UNIVERSITIES.

  It is the sense of Congress that--
          (1) land grant colleges and universities (as defined 
        in section 1404(10) of the National Agricultural 
        Research, Extension, and Teaching Policy Act of 1977 (7 
        U.S.C. 3103(10)) should encourage the study and career 
        objective of international marketing of agricultural 
        commodities and products;
          (2) because marketing complements production, 
        international agricultural marketing specialists are 
        needed in a globally competitive world; and
          (3) enhanced foreign marketing of United States 
        agricultural commodities and products will help relieve 
        stress in the rural economy.

SEC. 4606. INTERNATIONAL TRADE IN EGGS AND EGG PRODUCTS.

  (a) Findings.--Congress finds that--
          (1) the system of basic and variable levies of the 
        European Community has severely restricted the export 
        of United States eggs and egg products to European 
        Community member countries;
          (2) export subsidies of the European Community have 
        caused displacement of United States egg exports in 
        international markets; and
          (3) the Secretary of Agriculture is in the process of 
        certifying the Netherland's inspection procedures for 
        egg products for the purpose of importation into the 
        United States of egg products of the Netherlands.
  (b) Sense of Congress.--It is the sense of Congress that the 
United States Trade Representative should enter into 
negotiations with the European Community concerning--
          (1) duties, tariffs, and other means used by the 
        European Community to limit the access of United States 
        eggs and egg products to European Community markets; 
        and
          (2) European Community export subsidies that have had 
        the effect of excluding United States eggs and egg 
        products from other world markets.

SEC. 4607. UNITED STATES ACCESS TO THE KOREAN BEEF MARKET.

  (a) Findings.--Congress finds that--
          (1) the 1986 United States trade deficit with the 
        Republic of Korea was $7,600,000,000;
          (2) the Republic of Korea has banned beef imports 
        since May 1985;
          (3) this beef import ban is in contravention of 
        Korea's obligations under the General Agreement on 
        Tariffs and Trade and impairs United States rights 
        under such agreement;
          (4) Korea imposes an unreasonably high 20 percent ad 
        valorem tariff on meat products; and
          (5) if the Korean beef market were liberalized, the 
        United States, due to comparative advantage, could 
        supply a significant portion of the Korean market for 
        beef, thereby increasing profit opportunities for the 
        United States beef industry while benefiting Korean 
        consumers.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the Republic of Korea should take immediate 
        action to fulfill its obligations under the General 
        Agreement on Tariffs and Trade and permit access to its 
        market for United States beef;
          (2) the United States should aggressively pursue 
        negotiations to gain access to the Korean market for 
        United States beef;
          (3) such negotiations, in addition to elimination of 
        the beef import ban, should address the high tariffs 
        set by the Republic of Korea and the means by which 
        imported beef is distributed in Korea; and
          (4) if the Republic of Korea does not show clear 
        evidence that it is engaging in meaningful 
        liberalization of its market for United States beef, 
        the United States should use all available and 
        appropriate means to encourage the Republic of Korea to 
        open its market to United States beef imports.

SEC. 4608. UNITED STATES ACCESS TO JAPANESE AGRICULTURAL MARKETS.

  (a) Findings.--Congress finds that--
          (1) the United States requested establishment of a 
        panel pursuant to Article XXIII of the General 
        Agreement on Tariffs and Trade (hereinafter in this 
        section referred to as ``GATT'') to examine Japanese 
        import restrictions on 12 categories of agricultural 
        products;
          (2) the GATT panel found that Japanese quantitative 
        restrictions on 10 of the 12 product categories are 
        inconsistent with Article XI of the GATT and 
        recommended that Japan eliminate them or otherwise take 
        action to bring them into conformity with the GATT; and
          (3) the rationale behind the GATT panel finding can 
        also be applied to other restrictions that Japan 
        maintains on imports from the United States, 
        including--
                  (A) a virtual ban on imports of United States 
                rice;
                  (B) a very restrictive quota on imports of 
                United States beef; and
                  (C) high tariffs and restrictive quotas on 
                imports of United States citrus.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the Government of Japan should immediately take 
        actions to comply with the findings of the GATT panel 
        report;
          (2) the Government of Japan should immediately 
        liberalize its trade policies by lowering high tariffs 
        and removing quotas on agricultural imports from the 
        United States, including those imposed on rice, beef, 
        and citrus, in order to avoid any damage to the close 
        relations between Japan and the United States; and
          (3) the United States should continue efforts to 
        persuade the Government of Japan to remove its trade 
        barriers.

SEC. 4609.\18\ SENSE OF CONGRESS RELATING TO SECTION 22.

  It is the sense of Congress that--
---------------------------------------------------------------------------
    \18\7 U.S.C. 624 note.
---------------------------------------------------------------------------
          (1) the amounts of assessments collected under the 
        no-net-cost tobacco program can be an indicator of 
        import injury and material interference with the 
        tobacco price support program administered by the 
        Secretary of Agriculture; and
          (2) for purposes of any investigation conducted under 
        section 22(a) of the Agricultural Adjustment Act (7 
        U.S.C. 624(a)), reenacted with amendments by the 
        Agricultural Marketing Agreement Act of 1937, with 
        respect to tobacco, or articles containing tobacco, 
        imported into the United States, the International 
        Trade Commission should take into account, as if they 
        are costs to the Federal government, contributions and 
        assessments imposed under sections 106A and 106B of the 
        Agricultural Act of 1949 (7 U.S.C. 1445-1 and 1445-2) 
        in determining whether such imported tobacco or 
        articles containing tobacco materially interfere with 
        the tobacco price support program carried out by the 
        Secretary of Agriculture.
          * * * * * * *
                  b. Agricultural Trade Act of 1978\1\

Public Law 95-501 [S. 3447], 92 Stat. 1685, approved October 21, 1978; 
  amended by Public Law 101-624 [Food, Agriculture, Conservation, and 
  Trade Act of 1990; S. 2830], 104 Stat. 3359, approved November 28, 
 1990; Public Law 102-237 [Food, Agriculture, Conservation, and Trade 
 Act Amendments of 1991; H.R. 3029], 105 Stat. 1818, approved December 
13, 1991; Public Law 102-511 [FREEDOM Support Act, S. 2532], 106 Stat. 
  3320, approved October 24, 1992; Public Law 103-66 [Omnibus Budget 
Reconciliation Act of 1993; H.R. 2264], 107 Stat. 312, approved August 
    10, 1993; Public Law 103-354 [Federal Crop Insurance Reform and 
 Department of Agriculture Reorganization Act of 1994; H.R. 4217], 108 
  Stat. 3178, approved October 13, 1994; Public Law 103-465 [Uruguay 
Round Agreements Act; H.R. 5110], 110 Stat. 4809, approved December 8, 
 1994; and by Public Law 104-127 [Federal Agriculture Improvement and 
 Reform Act of 1996; H.R. 2854], 110 Stat. 888, approved April 4, 1996

AN ACT To strengthen the economy of the United States through increased 
        sales abroad of United States agricultural commodities.

    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 ``Agricultural Trade Act of 1978''.

SECTION 1.\2\ SHORT TITLE.

  This Act may be cited as the ``Agricultural Trade Act of 
1978''.
---------------------------------------------------------------------------
    \1\Sec. 1531 of the Food, Agriculture, Conservation, and Trade Act 
of 1990 (Public Law 101-624; 104 Stat. 3669) struck out the previous 
text and substantially restated this Act.
    \2\7 U.S.C. 5601 note.
---------------------------------------------------------------------------

                      TITLE I--GENERAL PROVISIONS

SEC. 101.\3\ PURPOSE.

  It is the purpose of this Act to increase the profitability 
of farming and to increase opportunities for United States 
farms and agricultural enterprises by--
---------------------------------------------------------------------------
    \3\7 U.S.C. 5601.
---------------------------------------------------------------------------
          (1) increasing the effectiveness of the Department of 
        Agriculture in agricultural export policy formulation 
        and implementation;
          (2) improving the competitiveness of United States 
        agricultural commodities and products in the world 
        market; and
          (3) providing for the coordination and efficient 
        implementation of all agricultural export programs.

SEC. 102.\4\ DEFINITIONS.

  As used in this Act--
---------------------------------------------------------------------------
    \4\7 U.S.C. 5602.
---------------------------------------------------------------------------
          (1) Agricultural commodity.--The term ``agricultural 
        commodity'' means any agricultural commodity, food, 
        feed, fiber, or livestock (including livestock as it is 
        defined in section 602(2) of the Agricultural Act of 
        1949 (7 U.S.C. 1471(2)) and insects),\5\ and any 
        product thereof.
---------------------------------------------------------------------------
    \5\Sec. 702(a) of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3349), struck out ``feed, or fiber'' and inserted in lieu thereof 
``feed, fiber, or livestock (including livestock as it is defined in 
section 602(2) of the Agricultural Act of 1949 (7 U.S.C. 1471(2)) and 
insects)''.
---------------------------------------------------------------------------
          (2) Developing country.--The term ``developing 
        country'' means a country that--
                  (A) has a shortage of foreign exchange 
                earnings and has difficulty accessing 
                sufficient commercial credit to meet all of its 
                food needs, as determined by the Secretary; and
                  (B) has the potential to become a commercial 
                market for agricultural commodities.
          (3) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture.
          (4) Service.--The term ``Service'' means the Foreign 
        Agricultural Service of the Department of Agriculture.
          (5) Unfair trade practice.--
                  (A) In general.--Subject to subparagraph (B), 
                the term ``unfair trade practice'' means any 
                act, policy, or practice of a foreign country 
                that--
                          (i) violates, or is inconsistent 
                        with, the provisions of, or otherwise 
                        denies benefits to the United States 
                        under, any trade agreement to which the 
                        United States is a party; or
                          (ii) is unjustifiable, unreasonable, 
                        or discriminatory and burdens or 
                        restricts United States commerce.
                  (B) Consistency with 1974 trade act.--Nothing 
                in this Act may be construed to authorize the 
                Secretary to make any determination regarding 
                an unfair trade practice that is inconsistent 
                with section 301 of the Trade Act of 1974 (19 
                U.S.C. 2411).
          (6) United states.--The term ``United States'' 
        includes each of the States, the District of Columbia, 
        Puerto Rico, and the territories and possessions of the 
        United States.
          (7)\6\ United states agricultural commodity.--The 
        term ``United States agricultural commodity'' means--
---------------------------------------------------------------------------
    \6\Sec. 243(c) of Public Law 104-127 (110 Stat. 967) struck out 
subparas. (A) and (B) and inserted new subparas. (A) and (B).
---------------------------------------------------------------------------
                  (A) an agricultural commodity or product 
                entirely produced in the United States; or
                  (B) a product of an agricultural commodity--
                          (i) 90 percent of more of the 
                        agricultural components of which by 
                        weight, excluding packaging and added 
                        water, is entirely produced in the 
                        United States; and
                          (ii) that the Secretary determines to 
                        be a high value agricultural product.
        For purposes of this paragraph, fish entirely produced 
        in the United States include fish harvested by a 
        documented fishing vessel as defined in title 46, 
        United States Code, in waters that are not waters 
        (including the territorial sea) of a foreign country.
          (8)\7\ Independent states of the former soviet 
        union.--The term ``independent states of the former 
        Soviet Union'' means the following: Armenia, 
        Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, 
        Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and 
        Uzbekistan.
---------------------------------------------------------------------------
    \7\Sec. 702(b) of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3349) added paragraph (8).
---------------------------------------------------------------------------

SEC. 103.\8\ AGRICULTURAL EXPORT PROMOTION STRATEGY.

    (a) In General.--The Secretary shall develop a strategy for 
implementing Federal agricultural export promotion programs 
that takes into account the new market opportunities for 
agricultural products, including opportunities that result 
from--
---------------------------------------------------------------------------
    \8\7 U.S.C. 5603. Sec. 241(a) of Public Law 104-127 (110 Stat. 963) 
amended and restated sec. 103. Sec. 241(b) of that Act further stated:
    ``(b) sense of congress.--It is the sense of Congress that--
---------------------------------------------------------------------------

          ``(1) the Committee on Agriculture of the House of 
        Representatives and the Committee on Agriculture, Nutrition, 
        and Forestry of the Senate should conduct a thorough review of 
        agricultural export and food aid programs not later than 
        December 31, 1998; and
          ``(2) the review should examine what changes, if any, need to 
        be made in the programs as a result of the effects of the 
        Agricultural Market Transition Act, the Uruguay Round 
        Agreements, changing world market conditions, and such other 
        factors as the committees consider appropriate.''.
          (1) the North American Free Trade Agreement and the 
        Uruguay Round Agreements;
          (2) any accession to membership in the World Trade 
        Organization;
          (3) the continued economic growth in the Pacific Rim; 
        and
          (4) other developments.
    (b) Purpose of Strategy.--The strategy developed under 
subsection (a) shall encourage the maintenance, development, 
and expansion of export markets for United States agricultural 
commodities and related products, including high-value and 
value-added products.
    (c) Goals of Strategy.--The strategy developed under 
subsection (a) shall have the following goals:
          (1) Increase the value of United States agricultural 
        exports each year.
          (2) Increase the value of United States agricultural 
        exports each year at a faster rate than the rate of 
        increase in the value of overall world export trade in 
        agricultural products.
          (3) Increase the value of United States high-value 
        and value-added agricultural exports each year.
          (4) Increase the value of United States high-value 
        and value-added agricultural exports each year at a 
        faster rate than the rate of increase in the value of 
        overall world export trade in high-value and value-
        added agricultural products.
          (5) Ensure that to the extent practicable--
                  (A) all obligations undertaken in the Uruguay 
                Round Agreement on Agriculture that 
                significantly increase access for United States 
                agricultural commodities are implemented to the 
                extent required by the Uruguay Round 
                Agreements; or
                  (B) applicable United States laws are used to 
                secure United States rights under the Uruguay 
                Round Agreement on Agriculture.
    (d) Priority Markets.--
          (1) Identification of markets.--In developing the 
        strategy required under subsection (a), the Secretary 
        shall annually identify as priority markets--
                  (A) those markets in which imports of 
                agricultural products show the greatest 
                potential for increase; and
                  (B) those markets in which, with the 
                assistance of Federal export promotion 
                programs, exports of United States agricultural 
                products show the greatest potential for 
                increase.
          (2) Identification of supporting offices.--The 
        President shall identify annually in the budget of the 
        United States Government submitted under section 1105 
        of title 31, United States Code, each overseas office 
        of the Foreign Agricultural Service that provides 
        assistance to United States exporters in each of the 
        priority markets identified under paragraph (1).

SEC. 104.\9\ PRESERVATION OF TRADITIONAL MARKETS.

  The Secretary shall, in implementing programs of the 
Department of Agriculture intended to encourage or assist 
exports of agricultural commodities, seek to preserve 
traditional markets for United States agricultural commodities.
---------------------------------------------------------------------------
    \9\7 U.S.C. 5604.
---------------------------------------------------------------------------

SEC. 105.\10\ INDEPENDENCE OF AUTHORITIES.

  Each authority granted under this Act shall be in addition 
to, and not in lieu of, any authority granted to the Secretary 
or the Commodity Credit Corporation under any other provision 
of law.
---------------------------------------------------------------------------
    \10\7 U.S.C. 5605.
---------------------------------------------------------------------------

SEC. 106.\11\ IMPLEMENTATION OF COMMITMENTS UNDER URUGUAY ROUND 
                    AGREEMENTS.

    Not later than September 30 of each year, the Secretary 
shall evaluate whether the obligations undertaken by foreign 
countries under the Uruguay Round Agreement on Agriculture are 
being fully implemented. If the Secretary has reason to believe 
(based on the evaluation) that any foreign country, by not 
implementing the obligations of the country, may be 
significantly constraining an opportunity for United States 
agricultural exports, the Secretary shall--
---------------------------------------------------------------------------
    \11\7 U.S.C. 5606. Added by sec. 242(a) of Public Law 104-127 (110 
Stat. 964).
---------------------------------------------------------------------------
          (1) submit the evaluation to the United States Trade 
        Representative; and
          (2) transmit a copy of the evaluation to the 
        Committee on Agriculture, and the Committee on Ways and 
        Means, of the House of Representatives and the 
        Committee on Agriculture, Nutrition, and Forestry, and 
        the Committee on Finance, of the Senate.

                 TITLE II--AGRICULTURAL EXPORT PROGRAMS

                        Subtitle A--Programs\12\

SEC. 201.\13\ DIRECT CREDIT SALES PROGRAM.

  (a) Short-Term Program.--To promote the sale of agricultural 
commodities, the Commodity Credit Corporation may finance the 
commercial export sale of such commodities from privately owned 
stocks on credit terms for not to exceed a 3-year period.
---------------------------------------------------------------------------
    \12\Sec. 310 of Public Law 102-237 (105 Stat. 1856) inserted this 
subtitle heading.
    \13\7 U.S.C. 5621. Sec. 707 of the FREEDOM Support Act (Public Law 
102-511; 106 Stat. 3350) substantially amended sec. 201.
---------------------------------------------------------------------------
  (b) Intermediate-Term Program.--Subject to subsection (c), to 
promote the sale of agricultural commodities the Commodity 
Credit Corporation may finance the commercial export sales of 
agricultural commodities from privately owned stocks on credit 
terms for a period of not less than 3 years nor in excess of 10 
years in a manner that will directly benefit United States 
agricultural producers.
  (c) Determinations.--The Commodity Credit Corporation shall 
not finance an export sale under subsection (b) unless the 
Secretary determines that such sale will--
          (1) develop, expand, or maintain the importing 
        country as a foreign market, on a long-term basis, for 
        the commercial sale and export of United States 
        agricultural commodities, without displacing normal 
        commercial sales;
          (2) improve the capability of the importing country 
        to purchase and use, on a long-term basis, United 
        States agricultural commodities; or
          (3) otherwise promote the export of United States 
        agricultural commodities.
The reference in paragraphs (1) and (2) to ``on a long-term 
basis'' shall not apply in the case of determinations with 
respect to sales to the independent states of the former Soviet 
Union.\14\
---------------------------------------------------------------------------
    \14\Sec. 707(a) of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3350) added the last sentence.
---------------------------------------------------------------------------
  (d) Use of Program.--
          (1) General uses.--The Commodity Credit Corporation 
        may use export sales financing authorized under this 
        section--
                  (A) to increase exports of agricultural 
                commodities;
                  (B) to compete against foreign agricultural 
                exports;
                  (C)\15\ to assist countries in meeting their 
                food and fiber needs, particularly--
---------------------------------------------------------------------------
    \15\Sec. 707(b) of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3350) restated subpar. (C). It formerly read as follows:
    ``(C) to assist countries, particularly developing countries, in 
meeting their food and fiber needs; and''.
---------------------------------------------------------------------------
                          (i) developing countries; and
                          (ii) countries that are emerging 
                        markets\16\ that have committed to 
                        carry out, or are carrying out, 
                        policies that promote economic freedom, 
                        private domestic production of food 
                        commodities for domestic consumption, 
                        and the creation and expansion of 
                        efficient domestic markets for the 
                        purchase and sale of agricultural 
                        commodities; and
---------------------------------------------------------------------------
    \16\Sec. 277(c)(2) of Public Law 104-127 (110 Stat. 979) struck out 
``emerging democracies'' and inserted in lieu thereof ``emerging 
markets''.
---------------------------------------------------------------------------
                  (D) for such other purposes as the Secretary 
                determines appropriate consistent with the 
                provisions of subsection (c).
          (2) General restrictions.--Export sales financing 
        authorized under this section shall not be used for 
        foreign aid, foreign policy, or debt rescheduling 
        purposes. The provisions of the cargo preference laws 
        shall not apply to export sales financed under this 
        section.
  (e) Terms of Credit Assistance.--Any contract for the 
financing of exports by the Commodity Credit Corporation under 
this section shall include--
          (1) a requirement that repayment shall be made in 
        dollars with interest accruing thereon as determined 
        appropriate by the Secretary; and
          (2) a requirement, if the Secretary determines such 
        requirement appropriate to protect the interests of the 
        United States, that an initial payment be made by the 
        purchaser at the time of sale or shipment of the 
        agricultural commodity that is subject to the contract.
  (f)\17\ Restrictions.--The Commodity Credit Corporation may 
not make export sales financing authorized under this section 
available in connection with sales of an agricultural commodity 
to any country that the Secretary determines cannot adequately 
service the debt associated with such sale.
---------------------------------------------------------------------------
    \17\Sec. 707(c) of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3351) added subsec. (f).
---------------------------------------------------------------------------

SEC. 202.\18\ EXPORT CREDIT GUARANTEE PROGRAM.

  (a) Short-Term Credit Guarantees.--(1)\19\ In general.--The 
Commodity Credit Corporation may guarantee the repayment of 
credit made available to finance commercial export sales of 
agricultural commodities, including processed agricultural 
products and high-value agricultural products,\20\ from 
privately owned stocks on credit terms that do not exceed a 3-
year period.
---------------------------------------------------------------------------
    \18\7 U.S.C. 5622.
    \19\Sec. 243(a) of Public Law 104-127 (110 Stat. 965) added para. 
designation ``(1)'' and a new para. (2).
    \20\Sec. 709(a)(1) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3351) inserted ``, including processed agricultural products 
and high-value agricultural products,'' after ``agricultural 
commodities'' at each place it appears in subsec. (a) and (b).
---------------------------------------------------------------------------
    (2)\19\ Supplier credits.--In carrying out this section, 
the Commodity Credit Corporation may issue guarantees for the 
repayment of credit made available for a period of not more 
than 180 days by a United States exporter to a buyer in a 
foreign country.
  (b) Intermediate-Term Credit Guarantees.--Subject to the 
provisions of subsection (c), the Commodity Credit Corporation 
may guarantee the repayment of credit made available by 
financial institutions in the United States to finance 
commercial export sales of agricultural commodities, including 
processed agricultural products and high-value agricultural 
products,\20\ from privately owned stocks on credit terms that 
are for not less than a 3-year period nor for more than a 10-
year period in a manner that will directly benefit United 
States agricultural producers.
  (c) Required Determinations.--The Commodity Credit 
Corporation shall not guarantee under subsection (b) the 
repayment of credit made available to finance an export sale 
unless the Secretary determines that such sale will--
          (1) develop, expand, or maintain the importing 
        country as a foreign market, on a long-term basis, for 
        the commercial sale and export of United States 
        agricultural commodities, without displacing normal 
        commercial sales;
          (2) improve the capability of the importing country 
        to purchase and use, on a long-term basis, United 
        States agricultural commodities; or
          (3) otherwise promote the export of United States 
        agricultural commodities.
The reference in paragraphs (1) and (2) to ``on a long-term 
basis'' shall not apply in the case of determinations with 
respect to sales to the independent states of the former Soviet 
Union.\21\
---------------------------------------------------------------------------
    \21\Sec. 708(a) of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3351) added this last sentence to subsec. (c).
---------------------------------------------------------------------------
  (d) Purpose of Program.--The Commodity Credit Corporation may 
use export credit guarantees authorized under this section--
          (1) to increase exports of agricultural commodities;
          (2) to compete against foreign agricultural exports;
          (3)\22\ to assist countries in meeting their food and 
        fiber needs, particularly--
---------------------------------------------------------------------------
    \22\Sec. 708(b) of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3351) restated par. (3), which had read as follows:
    ``(3) to assist countries, particularly developing countries, in 
meeting their food and fiber needs; and''.
---------------------------------------------------------------------------
                  (A) developing countries; and
                  (B) countries that are emerging markets\23\ 
                that have committed to carry out, or are 
                carrying out, policies that promote economic 
                freedom, private domestic production of food 
                commodities for domestic consumption, and the 
                creation and expansion of efficient domestic 
                markets for the purchase and sale of 
                agricultural commodities; and
---------------------------------------------------------------------------
    \23\Sec. 277(c)(3) of Public Law 104-127 (110 Stat. 979) struck out 
``emerging democracies'' and inserted in lieu thereof ``emerging 
markets''.
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          (4) for such other purposes as the Secretary 
        determines appropriate, consistent with the provisions 
        of subsection (c).
  (e) Restrictions on Use of Credit Guarantees.--Export credit 
guarantees authorized by this section shall not be used for 
foreign aid, foreign policy, or debt rescheduling purposes. The 
provisions of the cargo preference laws shall not apply to 
export sales with respect to which credit is guaranteed under 
this section.
  (f) Restrictions.--
          (1)\24\ In general.--The Commodity Credit Corporation 
        shall not make credit guarantees available in 
        connection with sales of agricultural commodities to 
        any country that the Secretary determines cannot 
        adequately service the debt associated with such sale.
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    \24\Sec. 243(a)(2) of Public Law 104-127 (110 Stat. 966) added 
para. designation ``(1)'' and added a new para. (2).
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          (2)\24\ Criteria for determination.--In making the 
        determination required under paragraph (1) with respect 
        to credit guarantees under subsection (b) for a 
        country, the Secretary may consider, in addition to 
        financial, macroeconomic, and monetary indicators--
                  (A) whether an International Monetary Fund 
                standby agreement, Paris Club rescheduling 
                plan, or other economic restructuring plan is 
                in place with respect to the country;
                  (B) whether the country is addressing issues 
                such as--
                          (i) the convertibility of the 
                        currency of the country;
                          (ii) adequate legal protection for 
                        foreign investments;
                          (iii) the viability of the financial 
                        markets of the country; and
                          (iv) adequate legal protection for 
                        the private property rights of citizens 
                        of the country; or
                  (C) any other factors that are relevant to 
                the ability of the country to service the debt 
                of the country.
  (g) Terms.--Export credit guarantees issued pursuant to this 
section shall contain such terms and conditions as the 
Commodity Credit Corporation determines to be necessary.
  (h)\25\ United States Agricultural Commodities.--The 
Commodity Credit Corporation shall finance or guarantee under 
this section only United States agricultural commodities.
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    \25\Sec. 243(a)(3) of Public Law 104-127 (110 Stat. 966) amended 
and restated subsec. (h). It formerly read as follows:
    ``(h) foreign agricultural components.--The Commodity Credit 
Corporation shall finance or guarantee under this section only United 
States agricultural commodities. The Commodity Credit Corporation shall 
not finance or guarantee under this section the value of any foreign 
agricultural component.''.
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  (i)\26\ Ineligibility of Financial Institutions.--
---------------------------------------------------------------------------
    \26\In subsec. (i), sec. 243(a)(4) of Public Law 104-127 (110 Stat. 
966) struck out para. (1), which had read, ``(1) is not in sound 
financial condition;'', inserted a new para. (1), redesignated former 
paras. (2) and (3) as subparas. (A) and (B), and added a new para. (2).
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          (1) In general.--A financial institution shall be 
        ineligible to receive an assignment of a credit 
        guarantee issued by the Commodity Credit Corporation 
        under this section if it is determined by the 
        Corporation, at the time of the assignment, that\27\ 
        such financial institution--
---------------------------------------------------------------------------
    \27\Sec. 334 of Public Law 102-237 (105 Stat. 1859) struck out ``or 
proceeds payable under a credit guarantee issued by the Commodity 
Credit Corporation under this section if it is determined by the 
Corporation that'' and inserted in lieu thereof ``issued by the 
Commodity Credit Corporation under this section if it is determined by 
the Corporation, at the time of the assignment, that''.
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                  (A) is the financial institution issuing the 
                letter of credit or a subsidiary of such 
                institution; or
                  (B) is owned or controlled by an entity that 
                owns or controls that financial institution 
                issuing the letter of credit.
          (2) Third country banks.--The Commodity Credit 
        Corporation may guarantee under subsections (a) and (b) 
        the repayment of credit made available to finance an 
        export sale irrespective of whether the obligor is 
        located in the country to which the export sale is 
        destined.
  (j) Conditions for Fish and Processed Fish Products.--In 
making available any guarantees of credit under this section in 
connection with sales of fish and processed fish products, the 
Secretary shall make such guarantees available under terms and 
conditions that are comparable to the terms and conditions that 
apply to guarantees provided with respect to sales of other 
agricultural commodities under this section.
    (k)\28\ Processed and High-Value Products.--
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    \28\Sec. 709(a)(2) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3351) added subsec. (k), relating to set-asides. Sec. 
243(a)(5) of Public Law 104-127 (110 Stat. 966) amended and restated 
the subsection.
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          (1) In general.--In issuing export credit guarantees 
        under this section, the Commodity Credit Corporation 
        shall, subject to paragraph (2), ensure that not less 
        than 25 percent for each of fiscal years 1996 and 1997, 
        30 percent for each of fiscal years 1998 and 1999, and 
        35 percent for each of fiscal years 2000, 2001, and 
        2002, of the total amount of credit guarantees issued 
        for a fiscal year is issued to promote the export of 
        processed or high-value agricultural products and that 
        the balance is issued to promote the export of bulk or 
        raw agricultural commodities.
          (2) Limitation.--The percentage requirement of 
        paragraph (1) shall apply for a fiscal year to the 
        extent that a reduction in the total amount of credit 
        guarantees issued for the fiscal year is not required 
        to meet the percentage requirement.

SEC. 203.\29\ MARKET ACCESS PROGRAM.

  (a) In General.--The Commodity Credit Corporation shall 
establish and carry out a program to encourage the development, 
maintenance, and expansion of commercial export markets for 
agricultural commodities through cost-share assistance to 
eligible trade organizations that implement a foreign market 
development program.
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    \29\7 U.S.C. 5623. Sec. 244(a)(1)(A) of Public Law 104-127 (110 
Stat. 967) struck out ``Market Promotion Program'' and inserted in lieu 
thereof ``Market Access Program'' as the section catchline.
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  (b) Type of Assistance.--Assistance under this section may be 
provided in the form of funds of, or commodities owned by, the 
Commodity Credit Corporation, as determined appropriate by the 
Secretary.
  (c)\30\ Requirements for Participation.--To be eligible for 
cost-share assistance under this section, an organization 
shall--
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    \30\Sec. 411(d) of Public Law 103-465 (108 Stat. 4963) struck out 
para. (2) in this subsec., struck out para. designation ``(1)'', and 
redesignated subparas. (A) through (c) as paras. (1) through (3). Para. 
(2), as previously amended by Public Law 103-66 (107 Stat. 330), 
formerly read as follows:
    ``(2) Unfair trade practices.--
---------------------------------------------------------------------------

          ``(A) Requirement.--Except as provided in subparagraph (B), 
        the Secretary shall provide assistance under this section only 
        to counter or offset the adverse effects of a subsidy, import 
        quota, or other unfair trade practice of a foreign country.
          ``(B) Exception.--The Secretary shall waive the requirements 
        of this paragraph in the case of activities conducted by small 
        entities operating through the regional State-related 
        organizations.''.
          (1) be an eligible trade organization;
          (2) prepare and submit a marketing plan to the 
        Secretary that meets the guidelines governing such 
        plans established by the Secretary; and
          (3) meet any other requirements established by the 
        Secretary.
  (d) Eligible Trade Organizations.--An eligible trade 
organization shall be--
          (1) a United States agricultural trade organization 
        or regional State-related organization that promotes 
        the export and sale of agricultural commodities and 
        that does not stand to profit directly from specific 
        sales of agricultural commodities;
          (2) a cooperative organization or State agency that 
        promotes the sale of agricultural commodities; or
          (3) a private organization that promotes the export 
        and sale of agricultural commodities if the Secretary 
        determines that such organization would significantly 
        contribute to United States export market development.
  (e) Approved Marketing Plan.--
          (1) In general--A marketing plan submitted by an 
        eligible trade organization under this section shall 
        describe the advertising or other market oriented 
        export promotion activities to be carried out by the 
        eligible trade organization with respect to which 
        assistance under this section is being requested.
          (2) Requirements.--To be approved by the Secretary, a 
        marketing plan submitted under this subsection shall--
                  (A) specifically describe the manner in which 
                assistance received by the eligible trade 
                organization in conjunction with funds and 
                services provided by the eligible trade 
                organization will be expended in implementing 
                the marketing plan;
                  (B) establish specific market goals to be 
                achieved as a result of the market access 
                program;\31\ and
---------------------------------------------------------------------------
    \31\Sec. 244(a)(1)(B) of Public Law 104-127 (110 Stat. 967) struck 
out ``marketing promotion program'' and inserted in lieu thereof 
``market access program'' throughout sec. 203.
---------------------------------------------------------------------------
                  (C) contain whatever additional requirements 
                are determined by the Secretary to be 
                necessary.
          (3) Amendments.--A marketing plan may be amended by 
        the eligible trade organization at any time, with the 
        approval of the Secretary.
          (4) Branded promotion.--An agreement entered into 
        under this section may provide for the use of branded 
        advertising to promote the sale of agricultural 
        commodities in a foreign country under such terms and 
        conditions as may be established by the Secretary.
  (f) Other Terms and conditions.--
          (1) Multi-year basis.--The Secretary may provide 
        assistance under this section on a multi-year basis, 
        subject to annual review by the Secretary for 
        compliance with the approved marketing plan.
          (2) Termination of assistance.--The Secretary may 
        terminate any assistance made, or to be made, available 
        under this section if the Secretary determines that--
                  (A) the eligible trade organization is not 
                adhering to the terms and conditions of the 
                program established under this section;
                  (B) the eligible trade organization is not 
                implementing the approved marketing plan or is 
                not adequately meeting the established goals of 
                the market access program;\31\
                  (C) the eligible trade organization is not 
                adequately contributing its own resources to 
                the market access program;\31\ or\32\
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    \32\Sec. 411(d)(2) of Public Law 103-465 (108 Stat. 4963) struck 
out subpara. (D), added ``or'' at the end of subpara. (C), and 
redesignated subpara. (E) as subpara. (D). Former subpara. (D) read as 
follows:
    ``(D) the unfair trade practice that was the basis of the provision 
of assistance has been discontinued and marketing assistance is no 
longer required to offset its effects; or''.
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                  (D)\32\ the Secretary determines that 
                termination of assistance in a particular 
                instance is in the best interests of the 
                program.
          (3) Evaluations.--The Secretary shall monitor the 
        expenditure of funds received under this section by 
        recipients of such funds. The Secretary shall make 
        evaluations of such expenditure, including--
                  (A) an evaluation of the effectiveness of the 
                program in developing or maintaining markets 
                for United States agricultural commodities;
                  (B) an evaluation of whether assistance 
                provided under this section is necessary to 
                maintain such markets; and
                  (C) a thorough accounting of the expenditure 
                of such funds by the recipient.
        The Secretary shall make an initial evaluation of 
        expenditures of a recipient not later than 15 months 
        after the initial provision of funds to the recipient.
          (4)\33\ Use of funds.--Funds made available to carry 
        out this section--
---------------------------------------------------------------------------
    \33\Sec. 244(b) of Public Law 104-127 (110 Stat. 968) added para. 
(4).
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                  (A) shall not be used to provide direct 
                assistance to any foreign for-profit 
                corporation for the corporation's use in 
                promoting foreign-produced products;
                  (B) shall not be used to provide direct 
                assistance to any for-profit corporation that 
                is not recognized as a small-business concern 
                described in section 3(a) of the Small Business 
                Act (15 U.S.C. 632(a)), excluding--
                          (i) a cooperative;
                          (ii) an association described in the 
                        first section of the Act entitled ``An 
                        Act To authorize association of 
                        producers of agricultural products'', 
                        approved February 18, 1922 (7 U.S.C. 
                        291); and
                          (iii) a nonprofit trade association; 
                        and
                  (C) may be used by a United States trade 
                association, cooperative, or small business for 
                individual branded promotional activity related 
                to a United States branded product, if the 
                beneficiaries of the activity have provided 
                funds for the activity in an amount that is at 
                least equivalent to the amount of assistance 
                provided under this section.
  (g) Level of Marketing Assistance.--
          (1) In general.--The Secretary shall justify in 
        writing the level of assistance provided to an eligible 
        trade organization under the program under this section 
        and the level of cost-sharing required of such 
        organization.
          (2) Limitation.--Assistance provided under this 
        section for activities described in subsection (e)(4) 
        shall not exceed 50 percent of the cost of implementing 
        the marketing plan, except that the Secretary may 
        determine not to apply such limitation in the case of 
        agricultural commodities with respect to which there 
        has been a favorable decision by the United States 
        Trade Representative under section 301 of the Trade Act 
        of 1974. Criteria for determining that the limitation 
        shall not apply shall be consistent and documented.
          (3) Staged reduction in assistance.--In the case of 
        participants that received assistance under section 
        1124 of the Food Security Act of 1985 prior to November 
        28, 1990,\34\ and with respect to which assistance 
        under this section would be limited under paragraph 
        (2), any such reduction in assistance shall be phased 
        down in equal increments over a 5-year period.
---------------------------------------------------------------------------
    \34\Sec. 309 of Public Law 102-237 (105 Stat. 1856) struck out 
``the date of enactment of this Act'' and inserted in lieu thereof 
``November 28, 1990,''.
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SEC. 204.\35\ BARTER OF AGRICULTURAL COMMODITIES.

  (a) In General.--The Secretary or the Commodity Credit 
Corporation may provide eligible commodities in barter for 
foreign products under such terms and conditions as the 
Secretary or the Corporation shall prescribe.
---------------------------------------------------------------------------
    \35\7 U.S.C. 5624.
---------------------------------------------------------------------------
  (b) Eligible Commodities.--Unless otherwise specified, 
eligible commodities shall include--
          (1) agricultural commodities acquired by the 
        Commodity Credit Corporation through price support 
        operations; and
          (2) agricultural commodities acquired by the 
        Secretary or the Commodity Credit Corporation in the 
        normal course of business and available for 
        disposition.
  (c) Barter by Exporters of Agricultural Commodities.--
          (1) Purpose.--The Secretary or the Commodity Credit 
        Corporation shall encourage exporters of agricultural 
        commodities to barter such commodities for foreign 
        products--
                  (A) to acquire such foreign products needed 
                by such exporters; and
                  (B) to develop, maintain, or expand foreign 
                markets for United States agricultural exports.
          (2) Eligible activities.--The Secretary or the 
        Commodity Credit Corporation may provide eligible 
        commodities to exporters to assist such exporters in 
        barter transactions.
          (3) Technical assistance.--The Secretary or the 
        Commodity Credit Corporation shall provide technical 
        advice and assistance relating to the barter of 
        agricultural commodities to any United States exporter 
        who requests such advice or assistance.
  (d) Transfer of Foreign Products to Other Government 
Agencies.\36\--The Secretary or the Commodity Credit 
Corporation may transfer any foreign products that the 
Secretary or such Corporation obtains through barter activities 
to other Government\37\ agencies if the Corporation receives 
assurances that it will receive full reimbursement from the 
agency within the same fiscal year in which such transfer 
occurs.
---------------------------------------------------------------------------
    \36\Sec. 320(1) of Public Law 102-237 (105 Stat. 1857) struck out 
``Agency or Private Parties'' from the heading and inserted in lieu 
thereof ``Agencies''.
    \37\Sec. 320(2) of Public Law 102-237 (105 Stat. 1857) capitalized 
``government''.
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  (e) Corporation Authority Not Limited.--Nothing contained in 
this section shall limit the authority of the Commodity Credit 
Corporation to acquire, hold, or dispose of such foreign 
materials as such Corporation determines appropriate in 
carrying out the functions and protecting the assets of the 
Corporation.
  (f) Prohibited Activities.--The Secretary or the Commodity 
Credit Corporation shall take reasonable precautions to prevent 
the misuse of eligible commodities in a barter or exchange 
program, including activities that--
          (1) displace or interfere with commercial sales of 
        United States agricultural commodities that otherwise 
        might be made;
          (2) unduly disrupt world prices of agricultural 
        commodities or the normal patterns of commercial trade 
        with recipient countries; or
          (3) permit the resale or transshipment of eligible 
        commodities to countries other than the intended 
        recipient country.

SEC. 205.\38\ COMBINATION OF PROGRAMS.

  The Commodity Credit Corporation may carry out a program 
under which commercial export credit guarantees available under 
section 202 are combined with direct credits from the Commodity 
Credit Corporation under section 201 to reduce the effective 
rate of interest on export sales of agricultural commodities.
---------------------------------------------------------------------------
    \38\7 U.S.C. 5625.
---------------------------------------------------------------------------

                       Subtitle B--Implementation

SEC. 211.\39\ FUNDING LEVELS.

  (a) Direct Credit Programs.--The Commodity Credit Corporation 
may make available for each fiscal year such funds of the 
Commodity Credit Corporation as it determines necessary to 
carry out any direct credit program established under section 
201.
---------------------------------------------------------------------------
    \39\7 U.S.C. 5641.
---------------------------------------------------------------------------
  (b)\40\ Export Credit Guarantee Programs.--
---------------------------------------------------------------------------
    \40\Sec. 243(b) of Public Law 104-127 (110 Stat. 967) struck out 
subsec. (b) and inserted a new subsec. (b). It formerly read as 
follows:
    ``(b)export credit guarantee programs.--
---------------------------------------------------------------------------

          ``(1) short-term guarantees.--

                  ``(A) minimum amounts.--The Commodity Credit 
                Corporation shall make available for each of the fiscal 
                years 1991 through 1995 not less than $5,000,000,000 in 
                credit guarantees under section 202(a).
                  ``(B) limitation on origination fee.--Notwithstanding 
                any other provision of law, the Secretary may not 
                charge an origination fee with respect to any credit 
                guarantee transaction under section 202(a) in excess of 
                an amount equal to one percent of the amount of credit 
                extended under the transaction.

          ``(2) intermediate-term credit guarantees.--The Commodity 
        Credit Corporation shall make available for each of the fiscal 
        years 1991 through 1995 not less than $500,000,000 in credit 
        guarantees under section 202(b).''.
          (1) Export credit guarantees.--The Commodity Credit 
        Corporation shall make available for each of fiscal 
        years 1996 through 2002 not less than $5,500,000,000 in 
        credit guarantees under subsections (a) and (b) of 
        section 202.
          (2) Limitation on origination fee.--Notwithstanding 
        any other provision of law, the Secretary may not 
        charge an origination fee with respect to any credit 
        guarantee transaction under section 202(a) in excess of 
        an amount equal to 1 percent of the amount of credit to 
        be guaranteed under the transaction, except with 
        respect to an export credit guarantee transaction 
        pursuant to section 1542(b) of the Food, Agriculture, 
        Conservation, and Trade Act of 1990 (Public Law 101-
        624; 7 U.S.C. 5622 note).
  (c)\41\ Marketing Access Programs.--The Commodity Credit 
Corporation or the Secretary shall make available for market 
access activities\42\ authorized to be carried out by the 
Commodity Credit Corporation under section 203--
---------------------------------------------------------------------------
    \41\Sec. 244(a)(2)(B)(i) of Public Law 104-127 (110 Stat. 968) 
struck out ``Marketing Promotion Programs'' and inserted in lieu 
thereof ``Market Access Programs'' in the subsection heading.
    \42\Sec. 244(a)(2)(B)(ii) of Public Law 104-127 (110 Stat. 968) 
struck out ``market promotion activities'' and inserted in lieu thereof 
``market access activities''.
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          (1) in addition to any funds that may be specifically 
        appropriated to implement a market access program,\43\ 
        not less than $200,000,000 for each of the fiscal years 
        1991 through 1993,\44\ not less than $110,000,000 for 
        each of the fiscal years 1994 through 1995, and not 
        more than $90,000,000 for each of the fiscal years 1996 
        through 2002,\45\ of the funds of, or an equal value of 
        commodities owned by, the Commodity Credit Corporation; 
        and
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    \43\Sec. 244(a)(2)(B)(iii) of Public Law 104-127 (110 Stat. 968) 
struck out ``market development program'' and inserted in lieu thereof 
``market access program''.
    \44\Sec. 244(c)(1) of Public Law 104-127 (110 Stat. 968) struck out 
``and'' after ``through 1993''.
    \45\Sec. 1302(a) of the Omnibus Budget Reconciliation Act of 1993 
(Public Law 103-66; 107 Stat. 330) struck out ``through 1995'' and 
inserted in lieu thereof ``through 1993, and not less than $110,000,000 
for each of the fiscal years 1994 through 1997,''. Sec. 244(c)(2) of 
Public Law 104-127 (110 Stat. 968) subsequently struck out ``through 
1997,'' and inserted in lieu thereof ``through 1995, and not more than 
$90,000,000 for each of fiscal years 1996 through 2002''. This 
amendment was effective October 1, 1995, pursuant to sec. 244(c) of 
that Act.
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          (2) any funds that may be specifically appropriated 
        to carry out a market access program\46\ under section 
        203.
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    \46\Sec. 244(a)(2)(B)(iii) of Public Law 104-127 (110 Stat. 968) 
struck out ``marketing development program'' and inserted in lieu 
thereof ``market access program''.
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               TITLE III--EXPORT ENHANCEMENT PROGRAM\47\
---------------------------------------------------------------------------

    \47\Sec. 411(a)(2) of Public Law 103-465 (108 Stat. 4962) struck 
out ``RESPONSE TO UNFAIR TRADE PRACTICES'' and inserted in lieu thereof 
``EXPORT ENHANCEMENT PROGRAM''.
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SEC. 301.\48\ EXPORT ENHANCEMENT PROGRAM.

  (a)\49\ In General.--The Commodity Credit Corporation shall 
carry out an export enhancement program in accordance with this 
section to encourage the commercial sale of United States 
agricultural commodities in world markets at competitive 
prices. The program shall be carried out in a market sensitive 
manner. Activities under the program shall not be limited to 
responses to unfair trade practices.
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    \48\7 U.S.C. 5651.
    \49\Sec. 411(a)(3) of Public Law 103-465 (108 Stat. 4963) amended 
and restated subsec. (a). It formerly read, as amended by sec. 
709(b)(1) of the FREEDOM Support Act, as follows:
    ``In General.--The Commodity Credit Corporation shall carry out in 
accordance with this section a program to discourage unfair trade 
practices by making United States agricultural commodities, including 
processed agricultural products and high-value agricultural products, 
competitive.''.
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  (b) Export Bonus.--
          (1) In general.--In carrying out the program 
        established under this section, the Commodity Credit 
        Corporation may--
                  (A) make agricultural commodities, acquired 
                by the Commodity Credit Corporation, available 
                to exporters, users, processors, or foreign 
                purchasers at no cost either directly or 
                through the issuance of commodity certificates; 
                and
                  (B) make cash payments to exporters, users, 
                and processors.
          (2) Calculation of bonus levels.--The Commodity 
        Credit Corporation shall--
                  (A) maintain an established procedure for 
                evaluating program bonus requests, with 
                guidelines for determining prevailing market 
                prices for targeted commodities and 
                destinations to be used in the calculation of 
                acceptable bonus levels;
                  (B) use a clear set of established procedures 
                for measuring transportation and incidental 
                costs to be used in the calculation of 
                acceptable bonus levels and for determining the 
                amount of such costs actually incurred; and
                  (C) maintain consistent and effective 
                controls and procedures for auditing and 
                reviewing payment of bonuses and for securing 
                refunds where appropriate.
          (3) Disclosure of information.--The Secretary may, 
        notwithstanding the provisions of section 552 of title 
        5, United States Code, provide for withholding from the 
        public the procedures and guidelines established under 
        paragraphs (2) (A) and (B) if the Secretary determines 
        that release of such information would adversely affect 
        the operation of the program. Nothing in this paragraph 
        shall be construed to authorize the withholding of 
        information, including such procedures and guidelines, 
        from the Congress.
          (4) Competitive disadvantage.--The Secretary shall 
        take such action as is necessary to ensure that equal 
        treatment is provided to domestic and foreign 
        purchasers and users of agricultural commodities in any 
        case in which the importation of a manufactured product 
        made, in whole or in part, from a commodity made 
        available for export under this section would place 
        domestic users of the commodity at a competitive 
        disadvantage.
          (5) Different commodities.--The Commodity Credit 
        Corporation may provide to an exporter, user, or 
        processor, or foreign purchaser, under the program 
        established under this section, agricultural 
        commodities of a kind different than the agricultural 
        commodity involved in the transaction for which 
        assistance under this section is being provided.
          (6) Other export programs.--The Commodity Credit 
        Corporation may provide bonuses under this section in 
        conjunction with other export promotion programs 
        conducted by the Secretary or the Commodity Credit 
        Corporation.
          (7) Avoidance of preferential application.--When 
        using the authorities of this section to promote the 
        exporting of wheat, the Secretary shall make reasonable 
        efforts to avoid giving a preference to one class of 
        wheat disproportionately more than another class.
          (8) Displacement.--The Secretary shall avoid the 
        displacement of usual marketings of United States 
        agricultural commodities in carrying out this section.
  (c) Priority in the Case of Livestock.--In the case of 
proposals for bonuses for dairy cattle or other appropriate 
livestock, the Commodity Credit Corporation shall give priority 
to proposals that include, in connection with the purchase of 
the livestock, appropriate herd management training, veterinary 
services, nutritional training, and other technical assistance 
necessary for the adaptation of the livestock to foreign 
environments.
  (d) Inapplicability of Price Restrictions.--Any price 
restrictions that otherwise may be applicable to dispositions 
of agricultural commodities owned by the Commodity Credit 
Corporation shall not apply to agricultural commodities 
provided under this section.
  (e) Funding Levels.--
          (1)\50\ In general.--The Commodity Credit Corporation 
        shall make available to carry out the program 
        established under this section not more than--
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    \50\Sec. 245(a) of Public Law 104-127 (110 Stat. 968) amended and 
restated para. (1), effective October 1, 1995. It formerly read as 
follows:
    ``In general.--The Commodity Credit Corporation shall make 
available for each of the fiscal years 1991 through 2001 not less than 
$500,000,000 of the funds or commodities of the Commodity Credit 
Corporation to carry out the program established under this section.''.
    The para. was previously, amended by sec. 709(b)(2)(A) of Public 
Law 102-511 (106 Stat. 3352) and sec. 411(a)(4) of Public Law 103-465 
(108 Stat. 4963).
---------------------------------------------------------------------------
                  (A) $350,000,000 for fiscal year 1996;
                  (B) $250,000,000 for fiscal year 1997;
                  (C) $500,000,000 for fiscal year 1998;
                  (D) $550,000,000 for fiscal year 1999;
                  (E) $579,000,000 for fiscal year 2000;
                  (F) $478,000,000 for fiscal year 2001; and
                  (G) $478,000,000 for fiscal year 2002.'
          (2)\51\ Set-asides.--(A) For each fiscal year, the 
        Corporation shall, to the extent practicable and 
        subject to subparagraph (B), ensure that no less than 
        25 percent of the total of--
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    \51\Sec. 709(b)(2)(B) of the FREEDOM Support Act (Public Law 102-
511; 106 Stat. 3352) added paragraph (2).
---------------------------------------------------------------------------
                  (i) the funds expended, and
                  (ii) the value of any commodities made 
                available,
        under this section in connection with sales of 
        agricultural commodities to the independent states of 
        the former Soviet Union is used to promote the export 
        of processed and high-value United States agricultural 
        products and that the balance of the funds expended and 
        commodities made available under this section in 
        connection with such sales is used to promote the 
        export of bulk or raw United States agricultural 
        commodities.
          (B) The 25 percent requirement of subparagraph (A) 
        shall apply for a fiscal year only to the extent that 
        the percentage of the total of--
                  (i) the funds expended, and
                  (ii) the value of commodities made available,
        for that fiscal year under this section to promote the 
        export to all countries of processed and high-value 
        United States agricultural products is less than 15 
        percent.
  (f)\52\ Effect on Third Countries.--It is not the purpose of 
the program established under this section to affect adversely 
the exports of fairly traded agricultural commodities.
---------------------------------------------------------------------------
    \52\This subsection was originally enacted as subsec. (g). Sec. 311 
of Public Law 102-237 (105 Stat. 1856) redesignated this subsec. as 
(f).
---------------------------------------------------------------------------
    (g)\53\ Consistency With International Obligations.--
Notwithstanding any other provisions of this section, the 
Commodity Credit Corporation shall administer and carry out the 
program authorized by this section in a manner consistent, as 
determined by the President, with the obligations undertaken by 
the United States set forth in the Uruguay Round Agreements.
---------------------------------------------------------------------------
    \53\Sec. 411(a)(4)(B) of Public Law 103-465 (108 Stat. 4963) added 
subsec. (g).
---------------------------------------------------------------------------
    (h)\54\ Priority Funding for Intermediate Products.--
---------------------------------------------------------------------------
    \54\Sec. 245(b) of Public Law 104-127 (110 Stat. 969) added subsec. 
(h).
---------------------------------------------------------------------------
          (1) In General.--Effective beginning in fiscal year 
        1996, and consistent, as determined by the Secretary, 
        with the obligations and reduction commitments 
        undertaken by the United States under the Uruguay Round 
        Agreements, the Secretary may make available not more 
        than $100,000,000 for each fiscal year under this 
        section for the sale of intermediate agricultural 
        products in sufficient quantities to attain the volume 
        of export sales consistent with the volume of 
        intermediate agricultural products exported by the 
        United States during the Uruguay Round base period 
        years of 1986 through 1990.
          (2) Additional Assistance.--Notwithstanding paragraph 
        (1), if the export sale of any intermediate 
        agricultural product attains the volume of export sales 
        consistent with the volume of the intermediate 
        agricultural product exported by the United States 
        during the Uruguay Round base period years of 1986 
        through 1990, the Secretary may make available 
        additional amounts under this section for the 
        encouragement of export sales of the intermediate 
        agricultural product.

SEC. 302.\55\ RELIEF FROM UNFAIR TRADE PRACTICES.

  (a) Use of Programs.--
---------------------------------------------------------------------------
    \55\7 U.S.C. 5652.
---------------------------------------------------------------------------
          (1) In general.--The Secretary may, for each article 
        described in paragraph (2), make available some or all 
        of the commercial export promotion programs of the 
        Department of Agriculture and the Commodity Credit 
        Corporation to help mitigate or offset the effects of 
        the unfair trade practice serving as the basis for the 
        proceeding described in paragraph (2).
          (2) Commodities specified.--Paragraph (1) shall apply 
        in the case of articles for which the United States has 
        instituted, under any international trade agreement, 
        any dispute settlement proceeding based on an unfair 
        trade practice if such proceeding has been prevented 
        from progressing to a decision by the refusal of the 
        party maintaining the unfair trade practice to permit 
        the proceeding to progress.
  (b) Consultations Required.--For any article described in 
subsection (a)(2), the Secretary shall--
          (1) promptly consult with representatives of the 
        industry producing such articles and other allied 
        groups or individuals regarding specific actions or the 
        development of an integrated marketing strategy 
        utilizing some or all of the commercial export programs 
        of the Department of Agriculture and the Commodity 
        Credit Corporation to help mitigate or offset the 
        effects of the unfair trade practice identified in 
        subsection (a)(2); and
          (2) ascertain and take into account the industry 
        preference for the practical use of available 
        commercial export promotion programs in implementing 
        subsection (a)(1).

SEC. 303.\56\ EQUITABLE TREATMENT OF HIGH-VALUE AND VALUE-ADDED UNITED 
                    STATES AGRICULTURAL COMMODITIES.

  In the case of any program, such as that established under 
section 301, operated by the Secretary or the Commodity Credit 
Corporation during the fiscal years 1991 through 1995, for the 
purpose of discouraging unfair trade practices, the Secretary 
shall establish as an objective to expend annually at least 25 
percent of the total funds available (or 25 percent of the 
value of any commodities employed) for program activities 
involving the export sales of high-value agricultural 
commodities and value-added products of United States 
agricultural commodities.
---------------------------------------------------------------------------
    \56\7 U.S.C. 5653.
---------------------------------------------------------------------------

                      TITLE IV--GENERAL PROVISIONS

                      Subtitle A--Program Controls

SEC. 401.\57\ PROGRAM CONTROLS FOR EXPORT PROGRAMS.

  (a)\58\ Arrival Certification.--With respect to a commodity 
provided, or for which financing or a credit guarantee or other 
assistance is made available, under a program authorized in 
section 201, 202, or 301, the Commodity Credit Corporation 
shall require the exporter of the commodity to maintain records 
of an official or customary commercial nature or other 
documents as the Secretary may require, and shall allow 
representatives of the Commodity Credit Corporation access to 
the records or documents as needed, to verify the arrival of 
the commodity in the country that is the intended destination 
of the commodity.
---------------------------------------------------------------------------
    \57\7 U.S.C. 5661.
    \58\Sec. 246 of Public Law 104-127 (110 Stat. 969) amended and 
restated subsec. (a). It formerly read as follows:
    ``(a) Arrival Certification.--With respect to commodities or other 
assistance provided, or for which financing or credit guarantees are 
made available, under the programs authorized in sections 201, 202, and 
301, the Commodity Credit Corporation shall--
---------------------------------------------------------------------------

          ``(1) require the exporter to maintain records of an official 
        or customary commercial nature or other documents as the 
        Secretary may require, and have access to such documents or 
        records as needed to verify the arrival of agricultural 
        commodities exported in connection with such programs in the 
        countries that were the intended destination of such 
        commodities; and
          ``(2) obtain certification from the seller or exporter of 
        record of such commodities, that there were no corrupt payments 
        or extra sales services, or other items extraneous to the 
        transaction provided, financed, or guaranteed in connection 
        with the transaction, and that the transaction complied with 
        applicable United States law.''.
  (b) Diversion.--The unauthorized diversion of commodities 
under the programs authorized in sections 201, 202, and 301 is 
prohibited. The Commodity Credit Corporation shall establish 
procedures providing for the annual audit of a sufficient 
number of export transactions under such programs to ensure 
that the agricultural commodities that were the subject of such 
transactions arrived in the country of destination as provided 
in the sales agreement.
  (c) Good Faith.--The failure of an exporter, seller or other 
person to comply with the provisions of this section shall not 
affect the validity of any credit guarantee or other obligation 
of the Commodity Credit Corporation under the programs under 
this Act with respect to any exporter, seller, or person who 
had no knowledge of such failure to comply at the time such 
exporter, seller, or person was assigned the credit guarantee 
or at the time the Corporation entered into such obligation.

SEC. 402.\59\ COMPLIANCE PROVISIONS.

  (a) Records.--
---------------------------------------------------------------------------
    \59\7 U.S.C. 5662.
---------------------------------------------------------------------------
          (1) In general.--In the administration of the 
        programs established under sections 201, 202, 203, and 
        301 the Secretary shall require by regulation each 
        exporter or other participant under the program to 
        maintain all records concerning a program transaction 
        for a period of not to exceed 5 years after completion 
        of the program transaction, and to permit the Secretary 
        to have full and complete access, for such 5-year 
        period, to such records.
          (2)\60\ Confidentiality.--The personally identifiable 
        information contained in reports under subsection (a) 
        may be withheld in accordance with section 552(b)(4) of 
        title 5, United States Code. Any officer or employee of 
        the Department of Agriculture who knowingly discloses 
        confidential information as defined by section 1905 of 
        title 18, United States Code, shall be subject to 
        section 1905 of title 18, United States Code. Nothing 
        in this subsection shall be construed to authorize the 
        withholding of information from Congress.
---------------------------------------------------------------------------
    \60\Sec. 247 of Public Law 104-127 (110 Stat. 969) struck out para. 
(2) and redesignated para. (3) as para. (2). Former para. (2) read as 
follows:
    ``(2) Nonprogram transactions.--The Secretary may require by 
regulation an exporter or other participant in the programs to make 
records available to the Secretary with respect to non-program 
transactions if such records would pertain directly to the review of 
program-related transactions undertaken by such exporter or 
participant, as determined by the Secretary.''.
---------------------------------------------------------------------------
  (b) Violation.--If any exporter, assignee, or other 
participant has engaged in fraud with respect to the programs 
authorized under this Act, or has otherwise violated program 
requirements under this Act, the Commodity Credit Corporation 
may--
          (1) hold such exporter, assignee, or participant 
        liable for any and all losses to the Corporation 
        resulting from such fraud or violation;
          (2) require a refund of any assistance provided to 
        such exporter, assignee, or participant plus interest, 
        as determined by the Secretary; and
          (3) collect liquidated damages from such exporter, 
        assignee, or participant in an amount determined 
        appropriate by the Secretary.
The provisions of this subsection shall be without prejudice to 
any other remedy that is available under any other provision of 
law.
  (c) Suspension and Debarment.--The Commodity Credit 
Corporation may suspend or debar for 1 or more years any 
exporter, assignee, or other participant from participation in 
one or more of the programs authorized by this Act if the 
Corporation determines, after opportunity for a hearing, that 
such exporter, assignee, or other participant has violated the 
terms and conditions of the program or of this Act and that the 
violation is of such a nature as to warrant suspension or 
debarment.
  (d) False Certifications.--The provisions of section 1001 of 
title 18, United States Code, shall apply to any false 
certifications issued under this Act.

SEC. 403.\61\ DEPARTMENTAL ADMINISTRATION SYSTEM.

  (a) In General.--With respect to each commercial export 
promotion program of the Department of Agriculture or the 
Commodity Credit Corporation, the Secretary shall--
---------------------------------------------------------------------------
    \61\7 U.S.C. 5663.
---------------------------------------------------------------------------
          (1) specify by regulation the criteria used to 
        evaluate and approve proposals for that program;
          (2) establish a centralized system to permit the 
        Foreign Agricultural Service to provide the history and 
        current status of any proposal;
          (3) provide for regular audits of program 
        transactions to determine compliance with program 
        objectives and requirements; and
          (4) establish criteria to evaluate loans eligible for 
        guarantees by the Commodity Credit Corporation, so as 
        to ensure that the Corporation does not assume undue 
        risk in providing such guarantees.
  (b) Accessibility of Information.--Information pertaining to 
the status of a particular proposal shall be retrievable within 
the central system by appropriate categories, as determined 
appropriate by the Secretary.

SEC. 404.\62\ REGULATIONS. * * * [Repealed--1996]
---------------------------------------------------------------------------

    \62\Formerly at 7 U.S.C. 5664. Sec. 248 of Public Law 104-127 (110 
Stat. 969) repealed sec. 404. It had read as follows:
    ``Not later than 180 days after November 28, 1990, the Secretary 
shall issue regulations implementing the provisions of this Act, 
including specific regulations pertaining to program compliance 
requirements under sections 401 and 402.''.
---------------------------------------------------------------------------

                  Subtitle B--Miscellaneous Provisions

SEC. 411.\63\ AGRICULTURAL EMBARGO PROTECTION.

  (a) Prerequisites; Scope of Compensation.--Notwithstanding 
any other provision of law, if--
---------------------------------------------------------------------------
    \63\7 U.S.C. 5671.
---------------------------------------------------------------------------
          (1) the President or other member of the executive 
        branch of the Federal Government causes the export of 
        any agricultural commodity to any country or area of 
        the world to be suspended or restricted for reasons of 
        national security or foreign policy under the Export 
        Administration Act of 1979 (50 U.S.C. App. 2401 et 
        seq.) or under any other provision of law;
          (2) such suspension or restriction of the export of 
        such agricultural commodity is imposed other than in 
        connection with a suspension or restriction of all 
        exports from the United States to such country or area 
        of the world; and
          (3) sales of such agricultural commodity for export 
        from the United States to such country or area of the 
        world during the year preceding the year in which the 
        suspension or restriction is imposed exceeds 3 percent 
        of the total sales of such commodity for export from 
        the United States to all foreign countries during the 
        year preceding the year in which the suspension or 
        restriction is in effect;
the Secretary shall compensate producers of the commodity 
involved by making payments available to such producers, as 
provided in subsection (b) of this section.
  (b) Amount of Payments.--If the Secretary makes payments 
available to producers under subsection (a), the amount of such 
payment shall be determined--
          (1) in the case of an agricultural commodity for 
        which payments are authorized to be made to producers 
        under Title I of the Agricultural Act of 1949 (7 U.S.C. 
        1441 et seq.), by multiplying--
                  (A) the farm program payment yield for the 
                producer or the yield established for the farm 
                for the commodity involved; by
                  (B) the crop acreage base established for the 
                commodity; by
                  (C) the amount by which the average market 
                price per unit of such commodity received by 
                producers during the 60-day period immediately 
                following the date of the imposition of the 
                suspension or restriction is less than 100 
                percent of the parity price for such commodity, 
                as determined by the Secretary on the date of 
                the imposition of the suspension or 
                restriction; or
          (2) in the case of other agricultural commodities for 
        which price support is authorized for producers under 
        the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), 
        by multiplying the amount by which the average market 
        price per unit of such commodity received by the 
        producers during the 60-day period immediately 
        following the date of the imposition of the suspension 
        or restriction is less than 100 percent of the parity 
        price for such commodity, as determined by the 
        Secretary on the date of the imposition of the 
        suspension or restriction, by the quantity of such 
        commodity sold by the producer during the period that 
        the suspension or restriction is in effect.
  (c) Time for Payments.--Payments under paragraph (1) of 
subsection (b) shall be made for each marketing year or part 
thereof during which the suspension or restriction is in effect 
and shall be made in equal amounts at 90-day intervals, 
beginning 90 days after the date of the imposition of the 
suspension or restriction.
  (d) Commodity Credit Corporation.--The Secretary shall use 
the Commodity Credit Corporation in carrying out the provisions 
of this section.
  (e) Regulations.--The Secretary may issue such regulations as 
are determined necessary to carry out this section.

SEC. 412.\64\ DEVELOPMENT OF PLANS TO ALLEVIATE ADVERSE IMPACT OF 
                    EMBARGOES.

  To alleviate, to the maximum extent possible, the adverse 
impact on farmers, elevator operators, common carriers, and 
exporters of agricultural commodities of the President or other 
member of the executive branch of the Federal Government 
causing the export of any agricultural commodity to any country 
or area of the world to be suspended or restricted, the 
Secretary of Agriculture shall--
---------------------------------------------------------------------------
    \64\7 U.S.C. 5672.
---------------------------------------------------------------------------
          (1) develop a comprehensive contingency plan that 
        shall include--
                  (A) an assessment of existing farm programs 
                with a view to determining whether such 
                programs are sufficiently flexible to enable 
                the Secretary to efficiently and effectively 
                offset the adverse impact of such a suspension 
                or restriction on farmers, elevator operators, 
                common carriers, and exporters of commodities 
                provided for under such programs;
                  (B) an evaluation of the kinds and 
                availability of information needed to 
                determine, on an emergency basis, the extent 
                and severity of the impact of such a suspension 
                or restriction on producers, elevator 
                operators, common carriers, and exporters; and
                  (C) the development of criteria for 
                determining the extent, if any, to which the 
                impact of such a suspension or restriction 
                should be offset in the case of each of the 
                sectors referred to in paragraph (1)(B);
          (2) for any suspension or restriction for which 
        compensation is not provided under section 411, prepare 
        and submit to the appropriate Committees of Congress 
        such recommendations for changes in existing 
        agricultural programs, or for new programs, as the 
        Secretary considers necessary to handle effectively, 
        efficiently, economically, and fairly the impact of any 
        such suspension or restriction;
          (3) for any suspension or restriction for which 
        compensation is provided under section 411, prepare and 
        submit to the appropriate Committees of Congress a plan 
        for implementing and administering section 411; and
          (4) require the Commodity Credit Corporation, prior 
        to such Corporation purchasing any contracts for the 
        purpose of offsetting the impact of a commodity 
        suspension or restriction, to--
                  (A) prepare an economic justification for 
                each commodity involved in the suspension or 
                restriction to determine if such a purchase is 
                necessary;
                  (B) estimate any suspension- or restriction-
                related benefits and detrimental effects to the 
                exporters, and use both estimates in 
                determining the extent, if any, Federal 
                assistance is needed; and
                  (C) limit its purchases to only those types 
                and grades of commodities suspended or 
                restricted from shipment and make such 
                purchases at prices at or near the current 
                market prices.

SEC. 413.\65\ CONTRACTING AUTHORITY TO EXPAND AGRICULTURAL EXPORT 
                    MARKETS.

  (a) In General.--The Secretary may contract with individuals 
for services to be performed outside the United States as the 
Secretary determines necessary or appropriate for carrying out 
programs and activities to maintain, develop, or enhance export 
markets for United States agricultural commodities and 
products.
---------------------------------------------------------------------------
    \65\7 U.S.C. 5673.
---------------------------------------------------------------------------
  (b) Not Employees of the United States.--Individuals referred 
to in subsection (a) shall not be regarded as officers or 
employees of the United States.

SEC. 414.\66\ TRADE CONSULTATIONS CONCERNING IMPORTS.

  (a) Consultation Between Agencies.--The Secretary shall 
require consultation between the Administrator of the Service 
and the heads of other appropriate agencies and offices of the 
Department of Agriculture, including the Administrator of the 
Animal and Plant Health Inspection Service, prior to relaxing 
or removing any restriction on the importation of any 
agricultural commodity into the United States.
---------------------------------------------------------------------------
    \66\7 U.S.C. 5674.
---------------------------------------------------------------------------
  (b) Consultation With Trade Representative.--The Secretary 
shall consult with the United States Trade Representative prior 
to relaxing or removing any restriction on the importation of 
any agricultural commodity or a product thereof into the United 
States.
    (c)\67\ Monitoring Compliance With Sanitary and 
Phytosanitary Measures.--The Secretary shall monitor the 
compliance of World Trade Organization member countries with 
the sanitary and phytosanitary measures of the Agreement on 
Agriculture of the Uruguay Round of Multilateral Trade 
Negotiations of the General Agreement on Tariffs and Trade. If 
the Secretary has reason to believe that any country may have 
failed to meet the commitment on sanitary and phytosanitary 
measures under the Agreement in a manner that adversely impacts 
the exports of a United States agricultural commodity, the 
Secretary shall--
---------------------------------------------------------------------------
    \67\Sec. 242(b) of Public Law 104-127 (110 Stat. 965) added subsec. 
(c).
---------------------------------------------------------------------------
          (1) provide such information to the United States 
        Trade Representative of the circumstances surrounding 
        the matter arising under this subsection; and
          (2) with respect to any such circumstances that the 
        Secretary considers to have a continuing adverse effect 
        on United States agricultural exports, report to the 
        Committee on Agriculture, and the Committee on Ways and 
        Means, of the House of Representatives and the 
        Committee on Agriculture, Nutrition, and Forestry, and 
        the Committee on Finance, of the Senate--
                  (A) that a country may have failed to meet 
                the sanitary and phytosanitary commitments; and
                  (B) any notice given by the Secretary to the 
                United States Trade Representative.

SEC. 415.\68\ TECHNICAL ASSISTANCE IN TRADE NEGOTIATIONS.

  The Secretary shall provide technical services to the United 
States Trade Representative on matters pertaining to 
agricultural trade and with respect to international 
negotiations on issues related to agricultural trade.
---------------------------------------------------------------------------
    \68\7 U.S.C. 5675.
---------------------------------------------------------------------------

SEC. 416.\69\ LIMITATION ON USE OF CERTAIN EXPORT PROMOTION PROGRAMS.

  (a) In General.--The Secretary may provide that a person 
shall be ineligible for participation in an export program 
established under title I of the Agricultural Trade Development 
and Assistance Act of 1954 (7 U.S.C. 1691 et seq.), or in any 
other export credit, credit guarantee, bonus, or other export 
program carried out through, or administered by, the Commodity 
Credit Corporation or carried out with funds made available 
pursuant to section 32 of the Act entitled ``An Act to amend 
the Agricultural Adjustment Act, and for other purposes'', 
approved August 24, 1935 (7 U.S.C. 612c) with respect to the 
export of any agricultural commodity or product that has been 
or will be used as the basis for a claim of a refund, as 
drawback, pursuant to section 313(j)(2) of the Tariff Act of 
1930 (19 U.S.C. 1313(j)(2)), of any duty, tax, or fee imposed 
under Federal law on an imported commodity or product.
---------------------------------------------------------------------------
    \69\7 U.S.C. 5676.
---------------------------------------------------------------------------
  (b) Vegetable Oil.--A person shall be ineligible for 
participation in any of the export programs referred to in 
subsection (a) with respect to the export of vegetable oil or a 
vegetable oil product that has been or will be used as the 
basis for a claim of a refund, as a drawback, pursuant to 
section 313 of the Tariff Act of 1930, of any duty, tax, or fee 
imposed under Federal law on an imported commodity or product.
  (c) Certification.--If the Secretary takes action under the 
authority granted under subsection (a), a person applying to 
export any agricultural commodity under the export programs 
referred to in subsection (a) shall certify that none of the 
commodity has been or will be used as the basis of a claim for 
any refund specified in subsection (a), except that regardless 
of whether the Secretary takes action under the authority 
granted under subsection (a), a person applying to export any 
vegetable oil or vegetable oil product under such programs 
shall certify that none of the vegetable oil or vegetable oil 
product has been or will be used as the basis of a claim for 
any refund specified in subsection (b).
  (d) Regulations.--The Secretary shall promulgate regulations 
to carry out this section.
  (e) Applicability.--This section shall not apply to 
quantities of agricultural commodities and products with 
respect to which an exporter has entered into a contract, prior 
to November 28, 1990,\70\ for an export sale.
---------------------------------------------------------------------------
    \70\Sec. 313 of Public Law 102-237 (105 Stat. 1856) struck out 
``the effective date of this section'' and inserted in lieu thereof 
``November 28, 1990''.
---------------------------------------------------------------------------

SEC. 417.\71\ TRADE COMPENSATION AND ASSISTANCE PROGRAMS.

    (a) In General.--Except as provided in subsection (f), 
notwithstanding any other provision of law, if, after the date 
of enactment of this section, the President or any other member 
of the executive branch causes exports from the United States 
to any country to be unilaterally suspended for reasons of 
national security or foreign policy, and if within 90 days 
after the date on which the suspension is imposed on United 
States exports no other country with an agricultural economic 
interest agrees to participate in the suspension, the Secretary 
shall carry out a trade compensation assistance program in 
accordance with this section (referred to in this section as a 
``program'').
---------------------------------------------------------------------------
    \71\7 U.S.C. 5677. Added by sec. 249 of Public Law 104-127 (110 
Stat. 969).
---------------------------------------------------------------------------
    (b) Compensation or Provision of Funds.--Under a program, 
the Secretary shall, based on an evaluation by the Secretary of 
the method most likely to produce the greatest compensatory 
benefit for producers of the commodity involved in the 
suspension--
          (1) compensate producers of the commodity by making 
        payments available to producers, as provided by 
        subsection (c)(1); or
          (2) make available an amount of funds calculated 
        under subsection (c)(2), to promote agricultural 
        exports or provide agricultural commodities to 
        developing countries under any authorities available to 
        the Secretary.
    (c) Determination of Amount of Compensation or Funds.--
          (1) Compensation.--If the Secretary makes payments 
        available to producers under subsection (b)(1), the 
        amount of the payment shall be determined by the 
        Secretary based on the Secretary's estimate of the loss 
        suffered by producers of the commodity involved due to 
        any decrease in the price of the commodity as a result 
        of the suspension.
          (2) Determination of amount of funds.--For each 
        fiscal year of a program, the amount of funds made 
        available under subsection (b)(2) shall be equal to 90 
        percent of the average annual value of United States 
        agricultural exports to the country with respect to 
        which exports are suspended during the most recent 3 
        years prior to the suspension for which data are 
        available.
    (d) Duration of Program.--For each suspension of exports 
for which a program is implemented under this section, funds 
shall be made available under subsection (b) for each fiscal 
year or part of a fiscal year for which the suspension is in 
effect, but not to exceed 3 fiscal years.
    (e) Commodity Credit Corporation.--The Secretary shall use 
funds of the Commodity Credit Corporation to carry out this 
section.
    (f) Exception to Carrying Out a Program.--This section 
shall not apply to any suspension of trade due to a war or 
armed hostility.
    (g) Partial Year Embargoes.--If the Secretary makes funds 
available under subsection (b)(2), regardless of whether an 
embargo is in effect for only part of a fiscal year, the full 
amount of funds as calculated under subsection (c)(2) shall be 
made available under a program for the fiscal year. If the 
Secretary determines that making the required amount of funds 
available in a partial fiscal year is impracticable, the 
Secretary may make all or part of the funds required to be made 
available in the following fiscal year (in addition to any 
funds otherwise required under a program to be made available 
in the following fiscal year).
    (h) Short Supply Embargoes.--If the President or any other 
member of the executive branch causes exports to be suspended 
based on a determination of short supply, the Secretary shall 
carry out section 1002 of the Food and Agriculture Act of 1977 
(7 U.S.C. 1310).

                 TITLE V--FOREIGN AGRICULTURAL SERVICE

SEC. 501.\72\ UNDER SECRETARY FOR INTERNATIONAL AFFAIRS AND COMMODITY 
                    PROGRAMS. * * * [Repealed--1994]

SEC. 502.\73\ ADMINISTRATOR OF THE FOREIGN AGRICULTURAL SERVICE.

  (a) Establishment.--There is hereby established in the 
Department of Agriculture the position of Administrator of the 
Foreign Agricultural Service.
---------------------------------------------------------------------------
    \72\Formerly at 7 U.S.C. 5691. Sec. 225 of the Department of 
Agriculture Reorganization Act of 1994 (title II of Public Law 103-354; 
108 Stat. 3213) authorized the Secretary of Agriculture to establish a 
position of Under Secretary of Agriculture for Farm and Foreign 
Agricultural Services, and repealed this section. See 7 U.S.C. 6931.
    \73\7 U.S.C. 5692.
---------------------------------------------------------------------------
  (b) Duties.--The Administrator of the Foreign Agricultural 
Service is authorized to exercise such functions and perform 
such duties related to foreign agriculture, and shall perform 
such other duties, as may be required by law or prescribed by 
the Secretary of Agriculture.
  (c) Use of Service.--In carrying out the duties under this 
section, the Administrator shall oversee the operations of the 
Foreign Agricultural Service, the General Sales Manager, and 
the Agricultural Attache Service.

SEC. 503.\74\ DUTIES OF THE FOREIGN AGRICULTURAL SERVICE.

    The Service shall assist the Secretary in carrying out the 
agricultural trade policy and international cooperation policy 
of the United States by--
---------------------------------------------------------------------------
    \74\7 U.S.C. 5693. Sec. 250 of Public Law 104-127 (110 Stat. 971) 
amended and restated sec. 503. It formerly read as follows:
    ``sec. 503. establishment of the foreign agricultural service.
    ``The Service shall assist the Secretary in carrying out the 
agricultural trade policy of the United States by acquiring information 
pertaining to agricultural trade, carrying out market promotion and 
development activities, and implementing the programs authorized in 
this Act, the Agricultural Trade Development and Assistance Act of 
1954, and other Acts.''.
---------------------------------------------------------------------------
          (1) acquiring information pertaining to agricultural 
        trade;
          (2) carrying out market promotion and development 
        activities;
          (3) providing agricultural technical assistance and 
        training; and
          (4) carrying out the programs authorized under this 
        Act, the Agricultural Trade Development and Assistance 
        Act of 1954 (7 U.S.C. 1691 et seq.), and other Acts.

SEC. 504.\75\ STAFF OF THE FOREIGN AGRICULTURAL SERVICE.

  (a) Personnel of the Service.--To ensure that the 
agricultural export programs of the United States are carried 
out in an effective manner, the authorized number of personnel 
for the Service shall not be less than 900 staff years each 
fiscal year.
---------------------------------------------------------------------------
    \75\7 U.S.C. 5694.
---------------------------------------------------------------------------
  (b) Rank of Foreign Agricultural Service Officers in Foreign 
Missions.--Notwithstanding any other provision of law, the 
Secretary of State shall, on the request of the Secretary of 
Agriculture, accord the diplomatic title of Minister-Counselor 
to the senior Service officer assigned to any United States 
mission abroad. The number of Service officers holding such 
diplomatic title at any time may not exceed twelve.

SEC. 505.\76\ AUTHORIZATION OF APPROPRIATIONS.

  There are hereby authorized to be appropriated for the 
Service such sums as may be necessary to carry out the 
provisions of this title.
---------------------------------------------------------------------------
    \76\7 U.S.C. 5695. Originally enacted as sec. 506, sec. 314 of 
Public Law 102-237 (105 Stat. 1856) redesignated this section as 505.
---------------------------------------------------------------------------

                           TITLE VI--REPORTS

SEC. 601.\77\ * * * [Repealed--1996]

SEC. 602.\78\ EXPORT REPORTING AND CONTRACT SANCTITY.

  (a) Export Sales Reports.--
---------------------------------------------------------------------------
    \77\Formerly at 7 U.S.C. 5711. Sec. 601, which had required the 
Secretary of Agriculture periodically to prepare a long-term 
agricultural trade strategy report, was repealed by sec. 2451(c)(1) of 
Public Law 104-127 (110 Stat. 964).
    \78\7 U.S.C. 5712.
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          (1) In general.--All exporters of wheat and wheat 
        flour, feed grains, oil seeds, cotton and products 
        thereof, and other commodities that the Secretary may 
        designate produced\79\ in the United States shall 
        report to the Secretary of Agriculture, on a weekly 
        basis, the following information regarding any contract 
        for export sales entered into or subsequently modified 
        in any manner during the reporting period:
---------------------------------------------------------------------------
    \79\Sec. 327 of Public Law 102-237 (105 Stat. 1858) struck out 
``designate as produced'' and inserted in lieu thereof ``designate 
produced''.
---------------------------------------------------------------------------
                  (A) type, class, and quantity of the 
                commodity sought to be exported;
                  (B) the marketing year of shipment; and
                  (C) destination, if known.
          (2) Confidentiality and compilation of reports.--
        Individual reports shall remain confidential\80\ but 
        shall be compiled by the Secretary and published in 
        compilation form each week following the week of 
        reporting.
---------------------------------------------------------------------------
    \80\Sec. 327(2) of Public Law 102-237 (105 Stat. 1858) struck out 
``in accordance with subsection (c)'' following ``confidential''
---------------------------------------------------------------------------
          (3) Immediate reporting.--All exporters of 
        agricultural commodities produced in the United States 
        shall, upon request of the Secretary, immediately 
        report to the Secretary any information with respect to 
        export sales of agricultural commodities and at such 
        times as the Secretary may request. When the Secretary 
        requires that such information be reported by exporters 
        on a daily basis, the information compiled from 
        individual reports shall be made available to the 
        public daily.
          (4) Monthly reporting permitted.--The Secretary may, 
        with respect to any commodity or type or class thereof 
        during any period in which the Secretary determines 
        that--
                  (A) there is a domestic supply of such 
                commodity substantially in excess of the 
                quantity needed to meet domestic requirements,
                  (B) total supplies of such commodity in the 
                exporting countries are estimated to be in 
                surplus,
                  (C) anticipated exports will not result in 
                excessive drain on domestic supplies, and
                  (D) to require the reports to be made will 
                unduly hamper export sales,
        provide for such reports by exporters and publishing of 
        such data to be on a monthly basis rather than on a 
        weekly basis.
  (b) Failure to Report.--Any person who knowingly fails to 
make any report required under this section shall be fined not 
more than $25,000 or imprisoned for not more than 1 year, or 
both.
  (c) Contract Sanctity.--Notwithstanding any other provision 
of law, the President shall not prohibit or curtail the export 
of any agricultural commodity under an export sales contract--
          (1) that is entered into before the President 
        announces an action that would otherwise prohibit or 
        curtail the export of the commodity, and
          (2) the terms of which require delivery of the 
        commodity within 270 days after the date of the 
        suspension of trade is imposed,
except that the President may prohibit or curtail the export of 
any agricultural commodity during a period for which the 
President has declared a national emergency or for which the 
Congress has declared war.

SEC. 603.\81\ OTHER REPORTS TO CONGRESS.

  Subject to section 217 of the Department of Agriculture 
Reorganization Act of 1994 (7 U.S.C. 6917), the\82\ Secretary 
shall, on a quarterly basis, prepare and submit to the 
Committee on Agriculture and the Committee on Foreign 
Affairs\83\ of the House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate a report 
specifying the cumulative amount of export assistance provided 
by the Commodity Credit Corporation and the Secretary under the 
programs provided under this Act, the Commodity Credit 
Corporation Charter Act, and under the Agricultural Trade 
Development and Assistance Act of 1954 during the current 
fiscal year. Such information may be provided in individual 
reports, or in a consolidated report.\84\
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    \81\7 U.S.C. 5713.
    \82\Sec. 251 of Public Law 104-127 (110 Stat. 971) struck out 
``The'' and inserted in lieu thereof ``Subject to section 217 of the 
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6917), 
the''.
    \83\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.
    \84\Sec. 241(c)(2) of Public Law 104-127 (110 Stat. 964) struck out 
``in a consolidated report, or in the Long-Term Agricultural Trade 
Strategy Report (and annual updates to such report) prepared under 
section 601'', and inserted in lieu thereof ``, or in a consolidated 
report''.
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      TITLE VII--FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM\85\

SEC. 701.\86\ DEFINITION OF ELIGIBLE TRADE ORGANIZATION.

    In this title, the term ``eligible trade organization'' 
means a United States trade organization that--
---------------------------------------------------------------------------
    \85\Sec. 252 of Public Law 104-127 (110 Stat. 971) added title VII, 
secs. 701-703.
    \86\7 U.S.C. 5721.
---------------------------------------------------------------------------
          (1) promotes the export of 1 or more United States 
        agricultural commodities or products; and
          (2) does not have a business interest in or receive 
        remuneration from specific sales of agricultural 
        commodities or products.

SEC. 702.\87\ FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.

    (a) In General.--The Secretary shall establish and, in 
cooperation with eligible trade organizations, carry out a 
foreign market development cooperator program to maintain and 
develop foreign markets for United States agricultural 
commodities and products.
---------------------------------------------------------------------------
    \87\7 U.S.C. 5722.
---------------------------------------------------------------------------
    (b) Administration.--Funds made available to carry out this 
title shall be used only to provide--
          (1) cost-share assistance to an eligible trade 
        organization under a contract or agreement with the 
        organization; and
          (2) assistance for other costs that are necessary or 
        appropriate to carry out the foreign market development 
        cooperator program, including contingent liabilities 
        that are not otherwise funded.

SEC. 703.\88\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
title such sums as may be necessary for each of fiscal years 
1996 through 2002.
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    \88\7 U.S.C. 5723.
            3. Agricultural Act of 1980 and Related Material

        a. Agricultural Trade Suspension Adjustment Act of 1980

Partial text of Public Law 96-494 [H.R. 3765], 94 Stat. 2570, approved 
December 3, 1980, as amended by Public Law 97-98 [Agriculture and Food 
  Act of 1981, S. 884], 95 Stat. 1213 at 1260, approved December 22, 
 1981; and by Public Law 104-127 [Federal Agriculture Improvement and 
 Reform Act of 1996; H.R. 2854], 110 Stat. 888, approved April 4, 1996

AN ACT To increase the minimum price support loan rates for wheat, feed 
 grains, and soybeans, to improve the farmer-held reserve program for 
  wheat and feed grains, to establish a five-year food security wheat 
                    reserve, 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 ``Agricultural Act of 1980''.

               TITLE I--WALNUT AND OLIVE MARKETING ORDERS

          * * * * * * *

     TITLE II--AGRICULTURAL TRADE SUSPENSION ADJUSTMENT ACT OF 1980

                              SHORT TITLE

    Sec. 201. This title may be cited as the ``Agricultural 
Trade Suspension Adjustment Act of 1980''.
          * * * * * * *

   adjusted price support loan levels under the farmer-held reserve 
      program for the 1980 and 1981 crops of wheat and feed grains

    Sec. 203.\1\ * * *
---------------------------------------------------------------------------
    \1\Sec. 203 amended sec. 110(b) of the Agricultural Act of 1949 (7 
U.S.C. 1445e).
---------------------------------------------------------------------------
          * * * * * * *

    authority to use the funds, facilities, and authorities of the 
commodity credit corporation to purchase agricultural products intended 
                   to be exported to the soviet union

    Sec. 206.\2\ Notwithstanding any other provision of law, 
the Secretary of Agriculture may use, subject to such terms and 
conditions as the Secretary may deem appropriate, the funds, 
facilities, and authorities of the Commodity Credit Corporation 
in purchasing and handling agricultural products, other than 
grains, that--
---------------------------------------------------------------------------
    \2\15 U.S.C. 714c note.
---------------------------------------------------------------------------
          (1) were intended to be exported to the Union of 
        Soviet Socialist Republics under contracts entered into 
        prior to January 5, 1980, but
          (2) cannot be exported under such contracts due to 
        the imposition, on January 4, 1980, of restrictions on 
        the export of agricultural products to the Union of 
        Soviet Socialist Republics,
in the same manner and under the same conditions as the 
Secretary purchases and handles grains under similar contracts 
and subject to the imposition of the same restrictions.

                    SUPPLEMENTAL SET-ASIDE AUTHORITY

    Sec. 207.\3\ * * *
---------------------------------------------------------------------------
    \3\Sec. 207 added a new sec. 113 to the Agricultural Act of 1949 (7 
U.S.C. 1445h).
---------------------------------------------------------------------------

                       TRADE SUSPENSION RESERVES

    Sec. 208.\4\ Notwithstanding any other provision of law--
---------------------------------------------------------------------------
    \4\7 U.S.C. 4001.
---------------------------------------------------------------------------
    (a) Whenever the President or other member of the executive 
branch of Government causes the export of any agricultural 
commodity to any country or area of the world to be suspended 
or restricted for reasons of national security or foreign 
policy under the Export Administration Act of 1979 or any other 
provision of law and the Secretary of Agriculture determines 
that such suspension or restriction will result in a surplus 
supply of such commodity that will adversely affect prices 
producers receive for the commodity, the Secretary may 
establish a gasohol feedstock reserve or a feed security 
reserve, or both, of the commodity, as provided in subsections 
(c) and (d) of this section, if the commodity is suitable for 
stockpiling in a reserve.
    (b) Within thirty days after the export of any agricultural 
commodity to a country or area is suspended or restricted as 
described in subsection (a) of this section, the Secretary of 
Agriculture shall announce whether a gasohol feedstock reserve 
or a food security reserve of the commodity, or both, will be 
established under this section and shall include in such 
announcement the amount of the commodity that will be placed in 
such reserves, which shall be that portion of the estimated 
exports of the commodity affected by the suspension or 
restriction, as determined by the Secretary, that should be 
removed from the market to prevent the accumulation of a 
surplus of the commodity that will adversely affect prices 
producers receive for the commodity.
    (c)(1) To establish a gasohol feedstock reserve under this 
section, the Secretary of Agriculture may acquire agricultural 
commodities (the export of which is suspended or restricted as 
described in subsection (a) of this section) that are suitable 
for use in the production of alcohol for motor fuel through 
purchases from producers or in the market and by designation by 
the Secretary of stocks of the commodities held by the 
Commodity Credit Corporation, and to pay such storage, 
transportation, and related costs as may be necessary to permit 
maintenance of the commodities in the reserve for the purposes 
of this section and disposition of the commodities as provided 
in paragraph (2) of this subsection.
    (2) The Secretary of Agriculture may dispose of stocks of 
agricultural commodities acquired under paragraph (1) of this 
subsection only through sale--
          (A) for use in the production of alcohol for motor 
        fuel, at not less than the fuel conversion price (as 
        defined in section 212 of this title) for the commodity 
        involved: Provided, That, for wheat and feed grains, if 
        the fuel conversion price for the commodity involved is 
        less than the then current release price at which 
        producers may repay producer storage loans on the 
        commodity and redeem the commodity prior to the 
        maturity dates of the loans, as determined under clause 
        (5) of the second sentence of section 110(b) of the 
        Agricultural Act of 1949, the Secretary may dispose of 
        stocks of the commodity for such use only through sale, 
        at not less than the release price: Provided further, 
        That such sales shall only be made to persons for use 
        in the production of alcohol for motor fuel at 
        facilities that, whenever supplies of the commodity are 
        not readily available, can produce alcohol from other 
        agricultural or forestry biomass feedstocks; or
          (B) for any other use, when sales for use under 
        clause (A) of this paragraph are impracticable, (i) if 
        there is a producer storage program in effect for the 
        commodity, at not less than 110 per centum of the then 
        current level at which the Secretary may encourage 
        repayment of producer storage loans on the commodity 
        prior to the maturity dates of the loans, as determined 
        under clause (5) of the third sentence of section 
        110(b) of the Agricultural Act of 1949,\5\ or, (ii) if 
        there is no producer storage program in effect for the 
        commodity, at not less than the average market price 
        producers received for the commodity at the time the 
        trade suspension was imposed.
---------------------------------------------------------------------------
    \5\Sec. 1004 of Public Law 97-98 (95 Stat. 1213) amended clause (i) 
by raising the level from 105 to 110 per centum and stipulated that the 
Secretary may ``encourage'' repayment of producer storage loans rather 
than ``call for'' the repayment of such loans.
---------------------------------------------------------------------------
    (d)(1) To establish a food security reserve under this 
section, the Secretary of Agriculture may acquire agricultural 
commodities (the export of which is suspended or restricted as 
described in subsection (a) of this section) that are suitable 
for use in providing emergency food assistance and urgent 
humanitarian relief through purchases from producers or in the 
market and by designation by the Secretary of stocks of the 
commodities held by the Commodity Credit Corporation, and to 
pay such storage, transportation, and related costs as may be 
necessary to permit maintenance of the commodities in the 
reserve for the purposes of this section and disposition of the 
commodities as provided in paragraph (2) of this subsection.
    (2)\6\ Applicability of certain provisions.--Subsections 
(c), (d), (e), and (f)(2) of section 302 of the Food Security 
Commodity Reserve Act of 1996 shall apply to commodities in any 
reserve established under paragraph (1), except that the 
references to ``eligible commodities'' in the subsections shall 
be deemed to be references to ``agricultural commodities''.
---------------------------------------------------------------------------
    \6\Sec. 225(b) of Public Law 104-127 (110 Stat. 962) amended and 
restated para. (2). It formerly read as follows:
    ``(2) The provisions of subsections (c), (d), (e), (f), and (g)(2) 
of section 302 of the Food Security Wheat Reserve Act of 1980 shall 
apply to commodities in any reserve established under paragraph (1) of 
this subsection, and (except for the last sentence of subsection (c) of 
section 302) the references to `wheat' in such subsections of section 
302 shall be deemed to be references to `agricultural commodities'.''.
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    (3) Any determination by the President or the Secretary of 
Agriculture under this section shall be final.
    (e) The funds, facilities, and authorities of the Commodity 
Credit Corporation shall be used by the Secretary of 
Agriculture in carrying out this section, except that any 
restriction applicable to the acquisition, storage, or 
disposition of Commodity Credit Corporation owned or controlled 
commodities shall not apply with respect to the acquisition, 
storage, or disposition of agricultural commodities under this 
section.
    (f) The Secretary of Agriculture shall establish safeguards 
to ensure that stocks of agricultural commodities held in the 
reserves established under this section shall not be used in 
any manner or under any circumstance to unduly depress, 
manipulate, or curtail the free market.
    (g) Whenever stocks of agricultural commodities are 
disposed of or released from reserves established under this 
section, as provided in subsections (c)(2) and (d)(2) of this 
section, the reserves may not be replenished with replacement 
stocks.
    (h) The provisions of this section shall become effective 
with respect to any suspension of, or restriction on, the 
export of agricultural commodities, as described in subsection 
(a) of this section, implemented after the date of enactment of 
this Act.

                    ALCOHOL PROCESSOR GRAIN RESERVE

    Sec. 209.\7\ (a) As used in this section--
---------------------------------------------------------------------------
    \7\7 U.S.C. 4002.
---------------------------------------------------------------------------
          (1) The term ``Secretary'' means the Secretary of 
        Agriculture.
          (2) The term ``processor'' means any person engaged 
        within the United States in the business of 
        manufacturing grain into alcohol for use as a fuel 
        either by itself or in combination with some other 
        product.
          (3) The terms ``agricultural grain'' and ``grain'' 
        mean any agricultural commodity (A) that is suitable 
        for processing into alcohol for use as a fuel, and (B) 
        with respect to which a price support operation is in 
        effect.
          (4) The term ``producer storage program'' means the 
        producer storage program provided for under section 110 
        of the Agriculture Act of 1949.
          (5) The term ``small scale biomass energy project'' 
        shall have the same meaning as defined in section 
        203(19) of the Energy Security Act.
    (b) To assist processors in obtaining a dependable supply 
of grain at reasonable prices, the Secretary may formulate and 
administer a program under which processors purchasing and 
storing grain needed by them for manufacturing into alcohol for 
use as a fuel may obtain a loan from the Secretary on such 
grain. Loans under this section may be made available only to 
processors that (1) operate small scale biomass energy projects 
financed in whole or in part by the United States Government or 
any agency thereof, and (2) as determined by the Secretary, are 
otherwise unable to obtain a dependable supply of grain at 
reasonable prices for use in such projects.
    (c) Except as otherwise provided in this section, loans 
made under this section to carry out the processor grain 
reserve program may be made on the same terms and conditions as 
loans made to carry out the producer storage program.
    (d) The amount of the loan that the Secretary may make to 
an eligible processor at any time on any quantity of grain 
purchased by the processor shall be determined by multiplying 
the price support loan rate in effect for such grain at the 
time the loan is made times the quantity of grain purchased by 
the processor. The quantity of grain on which one or more loans 
may be outstanding at any time in the case of any processor may 
not exceed the estimated quantity of grain needed by such 
processor for one year of operation.
    (e) Whenever any quantity of grain stored in the processor 
grain reserve under this section is removed from storage by a 
processor, the processor may be required to replace such grain 
with an equal quantity, within such period of time as the 
Secretary shall prescribe by regulation, or repay that portion 
of the loan represented by the quantity of grain removed from 
storage.
    (f) Grain on which an eligible processor has received a 
loan under this section may not be used for any purpose other 
than the manufacture of alcohol for use as a fuel, and the 
Secretary shall establish such safeguards as the Secretary 
deems necessary to assure that such grain is not used for any 
other purpose and is not used in any manner that would unduly 
depress, manipulate, or curtail the free market in such grain.
    (g) Loans made under this section shall be made subject to 
such terms and conditions and subject to such security as the 
Secretary deems appropriate, except that such loans may not be 
made as nonrecourse loans.
    (h) In carrying out the processor grain reserve program 
under this section, the Secretary may--
          (1) provide for the payment to processors of such 
        amounts as the Secretary determines appropriate to 
        cover the cost of storing grain held in the processor 
        grain reserve, except that in no event may the rate of 
        the payment paid under this clause for any period 
        exceed the rate paid by the Secretary under the 
        producer storage program for the same period; and
          (2) prescribe conditions under which the Secretary 
        may require processors to repay loans made under this 
        section, plus accrued interest thereon, refund amounts 
        paid to the processors for storage, and require the 
        processors to pay such additional interest and other 
        charges as may be required by regulation in the event 
        any processor fails to abide by the terms and 
        conditions of the loan or any regulation prescribed 
        under this section.
    (i) The Secretary shall announce the terms and conditions 
of the processor grain reserve program as far in advance of 
making loans as practicable.
    (j) The Secretary may use the facilities of the Commodity 
Credit Corporation to carry out this section.
    (k) There are authorized to be appropriated such sums as 
may be necessary to carry out this section. Any loans made 
under this section shall be made to such extent and such 
amounts as provided in appropriation Acts. The authority to 
make loans under this section shall expire five years after the 
effective date of this title.

  STUDY OF THE POTENTIAL FOR EXPANSION OF UNITED STATES AGRICULTURAL 
EXPORT MARKETS AND THE USE OF AGRICULTURAL EXPORTS IN OBTAINING NEEDED 
                               MATERIALS

    Sec. 210.\8\ (a) The Secretary of Agriculture, in 
consultation with the United States Trade Representative and 
any other appropriate agency of the United States Government as 
determined by the Secretary, shall perform a study of the 
potential for expansion of United States agricultural export 
markets and the use of agricultural exports in obtaining 
natural resources or other commodities and products needed by 
the United States. The Secretary shall complete the study and 
submit to the President and Congress a report on the study 
before June 30, 1981.
---------------------------------------------------------------------------
    \8\7 U.S.C. 4003.
---------------------------------------------------------------------------
    (b) In performing the study, the Secretary shall determine 
for the next five years--
          (1) world food, feed, and fiber needs;
          (2) estimated United States and world food, feed, and 
        fiber production capabilities;
          (3) potential new or expanded foreign markets for 
        United States agricultural products;
          (4) the potential for the development of 
        international agreements for the exchange of United 
        States agricultural products for natural resources, 
        including energy sources, or other commodities and 
        products needed by the United States; and
          (5) the steps that the United States must take to (A) 
        increase agricultural export trade, and (B) obtain 
        needed natural resources or other commodities and 
        products in exchange for agricultural products, to the 
        maximum extent feasible.

                    FOOD BANK DEMONSTRATION PROJECTS

    Sec. 211.\9\ (a) The Secretary of Agriculture shall carry 
out demonstration projects to provide agricultural commodities 
and other foods that might not otherwise be used, or might be 
more effectively used by organizations assisted under this 
section, to community food banks for emergency food box 
distribution to needy individuals and families. Notwithstanding 
any other provisions of law, the Secretary shall make available 
for purposes of such special nutrition\10\ projects, 
agricultural commodities and other foods available to the 
Secretary under section 416 of the Agricultural Act of 1949, 
section 709 of the Food and Agriculture Act of 1965, and 
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c). For 
purposes of distributing agricultural commodities and other 
foods to community food banks under this section, the Secretary 
may, in consultation with State agencies, use food distribution 
systems currently used to distribute agricultural commodities 
and other foods under the National School Lunch Act and Child 
Nutrition Act of 1966. The Secretary shall select food banks, 
in consultation with the Director of the Community Services 
Administration, for participation in the demonstration projects 
under this section. Food banks shall be selected for 
participation so as to ensure adequate geographic distribution 
of emergency food box programs in at least two but not more 
than seven Department of Agriculture regions.
---------------------------------------------------------------------------
    \9\7 U.S.C. 4004.
    \10\Sec. 1114(b)(1) of Public Law 97-98 (95 Stat. 1269) substituted 
the words ``special nutrition'' in lieu of the word ``demonstration''.
---------------------------------------------------------------------------
    (b)(1) No food bank may participate in the demonstration 
projects conducted under this section unless an application 
therefor is submitted to and approved by the Secretary. Such 
application shall be submitted in such form and manner and 
shall contain such information as the Secretary shall 
prescribe.
    (2) Each food bank participating in the special 
nutrition\10\ projects under this section shall establish a 
recordkeeping system and internal procedures to monitor the use 
of agricultural commodities and other foods provided under this 
section. The Secretary shall develop standards by which the 
feasibility and effectiveness of the projects shall be 
measured, and shall conduct an ongoing review of the 
effectiveness of the projects.
    (c) The Secretary shall determine the quantities and types 
of agricultural commodities and other foods to be made 
available under this section. The Secretary may prescribe 
regulations regarding the designation of eligible participants 
in the projects and any other regulations necessary to carry 
out this section.
    (d) The Secretary shall submit to Congress a progress 
report on July 1, 1983, and a final report on January 1, 
1984,\11\ regarding the demonstration projects carried out 
under this section. Such report shall include an analysis and 
evaluation of Federal participation in food bank emergency food 
programs, the effectiveness of such participation, and the 
feasibility of continuing such participation. The Secretary 
shall also include in such report any recommendations regarding 
improvements in Federal assistance to community food banks, 
including assistance for administrative expenses and 
transportation.
---------------------------------------------------------------------------
    \11\Sec. 1114(b) of Public Law 97-98 (95 Stat. 1269) changed the 
due date of this report (report originally due October 1, 1982).
---------------------------------------------------------------------------
    (e) The sale of food provided under this section shall be 
prohibited and any person who receives any remuneration in 
exchange for food provided under this section shall be subject 
to a fine of not more than $1,000 or imprisonment for not more 
than six months, or both.
    (f)\12\ The Secretary shall minimize paperwork requirements 
on food banks which participate in the special nutrition 
projects established under this section and shall otherwise 
encourage food banks to participate in such projects.
---------------------------------------------------------------------------
    \12\Sec. 1114(b) of Public Law 97-98 (95 Stat. 1269) redesignated 
existing subsec. (f) as subsec. (g) and added a new subsec. (f). Such 
amendment further revised the text of subsec. (g) as redesignated, by 
striking out an authorization level of $356,000 and substituting the 
current language.
---------------------------------------------------------------------------
    (g)\12\ There is authorized to be appropriated such sums as 
may be necessary to carry out this section.

                  DEFINITION OF FUEL CONVERSION PRICE

    Sec. 212.\13\ As used in this title, the phrase ``fuel 
conversion price'' means the price for an agricultural 
commodity determined by the Secretary of Agriculture that will 
permit gasoline-alcohol mixtures using alcohol produced from 
the commodity to be competitive in price with unleaded gasoline 
priced at the point it leaves the refinery, adjusted for 
differences in octane rating, taking into consideration the 
energy value of the commodity and other appropriate values 
designed to represent, on a national average basis, the value 
of byproducts also recoverable from the commodity; the direct 
costs and capital recovery costs for a grain alcohol distillery 
capable of producing forty million gallons of alcohol and 
recovering byproducts annually; and Federal tax and other 
Federal incentives applicable to alcohol used for fuel.
---------------------------------------------------------------------------
    \13\7 U.S.C. 4005.
---------------------------------------------------------------------------

                             EFFECTIVE DATE

    Sec. 213. Except as otherwise provided herein, this title 
shall become effective October 1, 1980, or the date of 
enactment, whichever is later.
           b. Food Security Commodity Reserve Act of 1996\1\

 Partial text of Public Law 96-494 [H.R. 3765], 94 Stat. 2570 at 2578, 
   approved December 3, 1980; as amended by Public Law 99-198 [Food 
Security Act of 1985, H.R. 2100], 99 Stat. 1354, approved December 23, 
 1985; Public Law 101-624 [Food, Agriculture, Conservation, and Trade 
Act of 1990; S. 2830], 104 Stat. 3359, approved November 28, 1990; and 
 by Public Law 104-127 [Federal Agriculture Improvement and Reform Act 
       of 1996; H.R. 2854], 110 Stat. 888, approved April 4, 1996

             TITLE III--FOOD SECURITY COMMODITY RESERVE\1\

SEC. 301.\2\ SHORT TITLE.

    This title may be cited as the ``Food Security Commodity 
Reserve Act of 1996''.
---------------------------------------------------------------------------
    \1\Formerly the Food Security Wheat Reserve Act of 1980, sec. 
225(a) of the Federal Agriculture Improvement and Reform Act of 1996 
(Public Law 104-127; 110 Stat. 959) amended and restated the entire 
title III.
    \2\7 U.S.C. 1736f-1 note.
---------------------------------------------------------------------------

SEC. 302.\3\ ESTABLISHMENT OF COMMODITY RESERVE.

    (a) In General.--To provide for a reserve solely to meet 
emergency humanitarian food needs in developing countries, the 
Secretary of Agriculture (referred to in this title as the 
``Secretary'') shall establish a reserve stock of wheat, rice, 
corn, or sorghum, or any combination of the commodities, 
totaling not more than 4,000,000 metric tons for use as 
described in subsection (c).
---------------------------------------------------------------------------
    \3\7 U.S.C. 1736f-1.
---------------------------------------------------------------------------
    (b) Commodities in Reserve.--
          (1) In general.--The reserve established under this 
        section shall consist of--
                  (A) wheat in the reserve established under 
                the Food Security Wheat Reserve Act of 1980 as 
                of the date of enactment of the Federal 
                Agriculture Improvement and Reform Act of 1996;
                  (B) wheat, rice, corn, and sorghum (referred 
                to in this section as ``eligible commodities'') 
                acquired in accordance with paragraph (2) to 
                replenish eligible commodities released from 
                the reserve, including wheat to replenish wheat 
                released from the reserve established under the 
                Food Security Wheat Reserve Act of 1980 but not 
                replenished as of the date of enactment of the 
                Federal Agriculture Improvement and Reform Act 
                of 1996; and
                  (C) such rice, corn, and sorghum as the 
                Secretary may, at such time and in such manner 
                as the Secretary determines appropriate, 
                acquire as a result of exchanging an equivalent 
                value of wheat in the reserve established under 
                this section.
          (2) Replenishment of reserve.--
                  (A) In general.--Subject to subsection (h), 
                commodities of equivalent value to eligible 
                commodities in the reserve established under 
                this section may be acquired--
                          (i) through purchases--
                                  (I) from producers; or
                                  (II) in the market, if the 
                                Secretary determines that the 
                                purchases will not unduly 
                                disrupt the market; or
                          (ii) by designation by the Secretary 
                        of stocks of eligible commodities of 
                        the Commodity Credit Corporation.
                  (B) Funds.--Any use of funds to acquire 
                eligible commodities through purchases from 
                producers or in the market to replenish the 
                reserve must be authorized in an appropriations 
                Act.
    (c) Release of Eligible Commodities.--
          (1) Emergency assistance.--
                  (A) In general.--Notwithstanding paragraph 
                (2), to meet unanticipated need, the Secretary 
                may release eligible commodities in any fiscal 
                year, without regard to the availability of 
                domestic supply of the commodities, to provide 
                emergency assistance to developing countries 
                under title II of the Agricultural Trade 
                Development and Assistance Act of 1954 (7 
                U.S.C. 1721 et seq.).
                  (B) Release for emergency assistance.--If the 
                eligible commodities needed to meet 
                unanticipated need cannot be made available in 
                a timely manner under normal means for 
                obtaining eligible commodities for food 
                assistance because of unanticipated need for 
                emergency assistance as provided under section 
                202(a) of the Agricultural Trade Development 
                and Assistance Act of 1954 (7 U.S.C. 1722(a)), 
                the Secretary may in any fiscal year release 
                from the reserve--
                          (i) up to 500,000 metric tons of 
                        wheat or the equivalent value of 
                        eligible commodities other than wheat; 
                        and
                          (ii) up to 500,000 metric tons of any 
                        eligible commodities under this 
                        paragraph that could have been released 
                        but were not released in prior fiscal 
                        years.
                  (C) Waiver of minimum tonnage requirements.--
                Nothing in this paragraph shall require a 
                waiver under section 204(a)(3) of the 
                Agricultural Trade Development and Assistance 
                Act of 1954 (7 U.S.C. 1724(a)(3)) as a 
                prerequisite for the release of eligible 
                commodities under this paragraph.
          (2) Emergency food assistance.--Notwithstanding any 
        other provision of law, eligible commodities designated 
        or acquired for the reserve established under this 
        section may be released by the Secretary to provide, on 
        a donation or sale basis, emergency food assistance to 
        developing countries at such time as the domestic 
        supply of the eligible commodities is so limited that 
        quantities of the eligible commodities cannot be made 
        available for disposition under the Agricultural Trade 
        Development and Assistance Act of 1954 (7 U.S.C. 1691 
        et seq.) (other than disposition for urgent 
        humanitarian purposes under section 401 of the Act (7 
        U.S.C. 1731)).
          (3) Processing of eligible commodities.--Eligible 
        commodities that are released from the reserve 
        established under this section may be processed in the 
        United States and shipped to a developing country when 
        conditions in the recipient country require processing.
          (4) Exchange.--The Secretary may exchange an eligible 
        commodity for another United States commodity of equal 
        value, including powdered milk, pulses, and vegetable 
        oil.
          (5) Use of normal commercial practices.--To the 
        maximum extent practicable consistent with the 
        fulfillment of the purposes of this section and the 
        effective and efficient administration of this section, 
        the Secretary shall use the usual and customary 
        channels, facilities, arrangements, and practices of 
        trade and commerce to carry out this subsection.
    (d) Management of Eligible Commodities.--The Secretary 
shall provide--
          (1) for the management of eligible commodities in the 
        reserve established under this section as to location 
        and quality of eligible commodities needed to meet 
        emergency situations; and
          (2) for the periodic rotation or replacement of 
        stocks of eligible commodities in the reserve to avoid 
        spoilage and deterioration of the commodities.
    (e) Treatment of Reserve Under Other Law.--Eligible 
commodities in the reserve established under this section shall 
not be--
          (1) considered a part of the total domestic supply 
        (including carryover) for the purpose of subsection (c) 
        or for the purpose of administering the Agricultural 
        Trade Development and Assistance Act of 1954 (7 U.S.C. 
        1691 et seq.); and
          (2) subject to any quantitative limitation on exports 
        that may be imposed under section 7 of the Export 
        Administration Act of 1979 (50 U.S.C. App. 2406).
    (f) Use of Commodity Credit Corporation.--
          (1) In general.--Subject to the limitations provided 
        in this section, the funds, facilities, and authorities 
        of the Commodity Credit Corporation shall be used by 
        the Secretary in carrying out this section, except that 
        any restriction applicable to the acquisition, storage, 
        or disposition of eligible commodities owned or 
        controlled by the Commodity Credit Corporation shall 
        not apply.
          (2) Reimbursement.--
                  (A) In general.--The Commodity Credit 
                Corporation shall be reimbursed for the release 
                of eligible commodities from funds made 
                available to carry out the Agricultural Trade 
                Development and Assistance Act of 1954 (7 
                U.S.C. 1691 et seq.).
                  (B) Basis for reimbursement.--The 
                reimbursement shall be made on the basis of the 
                lesser of--
                          (i) the actual costs incurred by the 
                        Commodity Credit Corporation with 
                        respect to the eligible commodity; or
                          (ii) the export market price of the 
                        eligible commodity (as determined by 
                        the Secretary) as of the time the 
                        eligible commodity is released from the 
                        reserve.
                  (C) Source of funds.--The reimbursement may 
                be made from funds appropriated for subsequent 
                fiscal years.
    (g) Finality of Determination.--Any determination by the 
Secretary under this section shall be final.
    (h) Termination of Authority.--
          (1) In general.--The authority to replenish stocks of 
        eligible commodities to maintain the reserve 
        established under this section shall terminate on 
        September 30, 2002.
          (2) Disposal of eligible commodities.--Eligible 
        commodities remaining in the reserve after September 
        30, 2002, shall be disposed of by release for use in 
        providing for emergency humanitarian food needs in 
        developing countries as provided in this section.
                     c. Food Security Wheat Reserve

Executive Order 12266, January 15, 1981, 46 F.R. 4667, 7 U.S.C. 1736f-1 
                                  note

    By the authority vested in me as President of the United 
States of America by Section 302(a) of the Food Security Wheat 
Reserve Act of 1980 (Title III of the Agricultural Act of 1980 
(Public Law 96-494)),\1\ it is hereby ordered as follows:
---------------------------------------------------------------------------
    \1\Amended and restated. See Food Security Commodity Reserve Act of 
1996, page 1078.
---------------------------------------------------------------------------
    1-101. There is hereby established a Food Security Wheat 
Reserve composed of a reserve stock of wheat, which shall not 
exceed four million metric tons.
    1-102. The Secretary of Agriculture is responsible for 
designating, in accordance with Section 302 of the Food 
Security Wheat Reserve Act of 1980, the specific reserve stocks 
of wheat which shall comprise the Food Security Wheat Reserve.
                  4. Agriculture and Food Act of 1981

 Partial text of Public Law 97-98 [S. 884], 95 Stat. 1213 at 1274; as 
  amended by Public Law 98-412 [Agricultural Trade and Export Policy 
  Commission Act, H.J. Res. 600], 98 Stat. 1576, approved August 30, 
1984; Public Law 99-198 [Food for Progress Act of 1985, H.R. 2100], 99 
   Stat. 1354, approved December 23, 1985; Public Law 101-624 [Food, 
 Agriculture, Conservation, and Trade Act of 1990; S. 2830], 104 Stat. 
     3359, approved November 28, 1990; Public Law 104-127 [Federal 
 Agriculture Improvement and Reform Act of 1996; H.R. 2854], 110 Stat. 
                      888, approved April 4, 1996

   AN ACT To provide price and income protection for farmers, assure 
consumers an abundance of food and fiber at reasonable prices, continue 
   food assistance to low-income households, 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, with the following table of contents, may be cited as the 
``Agriculture and Food Act of 1981''.
          * * * * * * *

           TITLE XII--AGRICULTURAL EXPORTS AND PUBLIC LAW 480

                 Subtitle A--General Export Provisions

               AGRICULTURAL EXPORT CREDIT REVOLVING FUND

    Sec. 1201.\1\ * * *
---------------------------------------------------------------------------
    \1\Sec. 1201 amended sec. 4 of the Food for Peace Act of 1966 
(Public Law 89-808) by adding a new subsec. (d) which established the 
Agricultural Export Credit Revolving Fund.
---------------------------------------------------------------------------

  CONGRESSIONAL CONSULTATION ON BILATERAL COMMODITY SUPPLY AGREEMENTS

    Sec. 1202.\2\ As soon as practicable before the Government 
of the United States enters into any bilateral international 
agreement, other than a treaty, involving a commitment on the 
part of the United States to assure access by a foreign country 
or instrumentality thereof to United States agricultural 
commodities or products thereof on a commercial basis, the 
President is encouraged to notify and consult with the 
appropriate committees of Congress for the purpose of setting 
forth in detail the terms of and reasons for negotiating such 
agreement.
---------------------------------------------------------------------------
    \2\7 U.S.C. 1736h.
---------------------------------------------------------------------------

                 SPECIAL STANDBY EXPORT SUBSIDY PROGRAM

    Sec. 1203.\3\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \3\Secs. 1203, 1204, and 1205 (7 U.S.C. 1736i, 1736j, 1736k) were 
repealed by sec. 1573 of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (Public Law 101-624; 104 Stat. 3702).
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                    AGRICULTURAL EMBARGO PROTECTION

    Sec. 1204.\3\ * * * [Repealed--1990]

development of plans to alleviate adverse impact of export embargoes on 
                        agricultural commodities

    Sec. 1205.\3\ * * * [Repealed--1990]

                    CONSULTATION ON GRAIN MARKETING

    Sec. 1206.\4\ Congress encourages the Secretary of 
Agriculture, in coordination with other appropriate Federal 
departments and agencies, to continue to consult with 
representatives of other major grain exporting nations toward 
the goal of establishing more orderly marketing of grain and 
achieving higher farm income for producers of grain.
---------------------------------------------------------------------------
    \4\7 U.S.C. 1736l.
---------------------------------------------------------------------------
    Sec. 1207.\5\  * * * [Repealed--1996]
---------------------------------------------------------------------------
    \5\Formerly at 7 U.S.C. 1736m. Sec. 1207, expressing sense of the 
Congress regarding the expansion of international markets for U.S. 
agricultural commodities and products, was repealed by sec. 266 of 
Public Law 104-127 (110 Stat. 974).
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          (1) use the intermediate credit program authorized 
        under section 4 of the Food for Peace Act of 1966 (7 
        U.S.C. 1707a) to improve the capability of importing 
        nations to purchase and use United States agricultural 
        commodities and the products thereof on a long-term 
        basis;
          (2) ask Congress, at the earliest practicable date, 
        for funds for the agricultural export credit revolving 
        fund in an amount sufficient to meet the demand for 
        short-term credit authorized to be made available under 
        section 4 of the Food for Peace Act of 1966;
          (3) establish, insofar as practicable, the maximum 
        number of United States Agricultural Trade Offices in 
        other nations authorized by section 605A of the Act of 
        August 28, 1954 (7 U.S.C. 1765a);
          (4) use, to the maximum extent practicable, existing 
        authority to ensure full utilization of the levy-free 
        quota, established during the Tokyo round of the 
        multilateral trade negotiations, for the export sale of 
        United States high quality beef to the European 
        Economic Community;
          (5) expand, to the fullest extent possible, the 
        market development activities of the Foreign 
        Agricultural Service of the Department of Agriculture 
        in developed, developing, market, and nonmarket foreign 
        countries with particular emphasis on (A) continuation 
        of the cooperator programs at the same funding level 
        (adjusted for inflation) as provided during fiscal year 
        1970; (B) a more active export market development 
        program for value added farm products and processed 
        foods; and (C) the implementation of a full-scale 
        program for forestry products, including commodity 
        information, trade policy, and market development for 
        such products;
          (6) ensure that the European Economic Community 
        observes its commitments under the General Agreement on 
        Tariffs and Trade regarding the tariff-free binding on 
        imports of soybeans and corn gluten feed;
          (7) consult with the appropriate officials of the 
        Government of Japan with the objective of increasing 
        the export sales of citrus fruits and high quality beef 
        to Japan and to develop mutually acceptable standards 
        for the certification of lettuce and other specialty 
        crops for export to Japan; and
          (8) use the authority under section 32 of the Act of 
        August 24, 1935 (7 U.S.C. 612c), to establish a special 
        standby export subsidy program for United States 
        agricultural commodities and the products thereof, the 
        export of which has been restricted by foreign 
        government subsidies.
    (b) It is further declared to be the sense of Congress that 
any special standby export subsidy program established by the 
Secretary of Agriculture pursuant to subsection (a)(8) of this 
section should be (1) consistent with United States 
international obligations, and (2) designed to neutralize the 
effects of those foreign agricultural commodity subsidy 
programs that--
          (A) the President has determined, pursuant to section 
        301 of the Trade Act of 1974 (19 U.S.C. 2411), are 
        acts, policies, or practices described in section 
        301(a) of such Act that should be eliminated by 
        appropriate action of the United States; and
          (B) have, as the result of the appropriate dispute 
        settlement procedures, been found to be in violation of 
        the General Agreement on Tariffs and Trade or the 
        Agreement on Interpretation and Application of Articles 
        VI, XVI and XXIII of the General Agreement on Tariffs 
        and Trade (relating to subsidies and countervailing 
        measures), if applicable.
    Sec. 1208.\6\  * * * [Repealed--1996]
---------------------------------------------------------------------------
    \6\Formerly at 7 U.S.C. 1736n. Sec. 226 of Public Law 104-127 (110 
Stat. 962) repealed sec. 1208, which had, in part, required the 
Secretary of Agriculture to report annually on efforts being made to 
make available protein byproducts derived from alcohol fuel production.
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                    EXEMPTION FOR PROTEIN BYPRODUCTS

    Sec. 1209.\7\ * * *
---------------------------------------------------------------------------
    \7\Sec. 1209 amended the Act entitled ``An Act authorizing 
Commodity Credit Corporation to purchase flour and cornmeal and 
donating same for certain domestic and foreign purposes'' (7 U.S.C. 
1431 note).
---------------------------------------------------------------------------

                     Subtitle B--Public Law 480\8\
---------------------------------------------------------------------------

    \8\Subtitle B amended Public Law 480.
---------------------------------------------------------------------------

SELF-HELP MEASURES TO INCREASE AGRICULTURAL PRODUCTION; VERIFICATION OF 
                          SELF-HELP PROVISIONS

          * * * * * * *

   Subtitle C--Agricultural Trade and Export Policy Commission Act\9\

                              SHORT TITLE

    Sec. 1217.\9\ This subtitle may be cited as the 
``Agricultural Trade and Export Policy Commission Act''.
---------------------------------------------------------------------------
    \9\7 U.S.C. 1691 note. Public Law 98-412 (98 Stat. 1576) added 
subtitle C (sec. 1217-1223).
---------------------------------------------------------------------------

                   FINDINGS AND DECLARATION OF POLICY

    Sec. 1218.\9\ (a) Congress finds that--
          (1) the economic well-being of the Nation's 
        agricultural industry is directly related to its 
        ability to compete in international markets; and
          (2) a thorough examination of agriculture-related 
        trade and export policies, programs, and practices of 
        the United States is needed to ensure that such 
        policies, programs, and practices increase the 
        competitiveness of United States agricultural 
        commodities and products in international markets.
    (b) It is hereby declared to be the policy of Congress to 
expand international trade in United States agricultural 
commodities and products and to develop, maintain, and expand 
markets for United States agricultural exports.

                             ESTABLISHMENT

    Sec. 1219.\9\ (a) There is established a National 
Commission on Agricultural Trade and Export Policy to conduct a 
study of the agriculture-related trade and export policies, 
programs, and practices of the United States.
    (b) In addition to the ex officio congressional members 
specified in subsection (c) of this section, the Commission 
shall be composed of twenty-three members appointed or 
designated by the President and selected as follows:
          (1) The President shall select three members from 
        among officers or employees of the Executive branch who 
        shall serve in an ex officio capacity without voting 
        rights; and
          (2) The President pro tempore of the Senate and the 
        Speaker of the House of Representatives shall each 
        select then members from among private citizens of the 
        United States to represent industries that are directly 
        affected by agriculture-related trade and export 
        policies, programs, and practices of the United States, 
        including, but not limited to, the following:
                  (A) producers of major agricultural 
                commodities in the United States;
                  (B) processors or refiners of United States 
                agricultural commodities;
                  (C) exporters, transporters, or shippers of 
                United States agricultural commodities and 
                products to foreign countries;
                  (D) suppliers of production equipment or 
                materials to United States farmers;
                  (E) providers of financing or credit for 
                domestic and export agricultural purposes; and
                  (F) organizations representing general farm 
                and rural interests in the United States.
    (c) The chairmen and ranking minority members of the House 
Committee on Agriculture, the Senate Committee on Agriculture, 
Nutrition, and Forestry, the House Committee on Foreign 
Affairs,\10\ the Senate Committee on Foreign Relations, the 
House Committee on Ways and Means, and the Senate Committee on 
Finance shall serve as ex officio members of the Commission and 
shall have the same voting rights as the members of the 
Commission selected and appointed under the provisions of 
subsection (b)(2) of this section. The chairmen and ranking 
minority members may designate other members of their 
respective committees to serve in their stead as members of the 
Commission.
---------------------------------------------------------------------------
    \10\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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    (d) A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made.
    (e) The Commission shall elect a chairman from among the 
members of the Commission who are selected and appointed under 
the provisions of subsection (b)(2) of this section.
    (f) The Commission shall meet at the call of the chairman 
or a majority of the Commission.

                            CONDUCT OF STUDY

    Sec. 1220.\9\ The Commission shall study the agriculture-
related trade and export policies, programs, and practices of 
the United States and the international and domestic factors 
affecting such policies, programs, and practices, including the 
intergovernmental activities of the United States that affect 
the formulation of policies. In conducting the study, the 
Commission shall consider, among other things, the following:
          (1) the effectiveness of existing agricultural export 
        assistance programs, and the manner in which they can 
        be improved;
          (2) new export assistance programs that should be 
        considered, and the conditions under which they can be 
        implemented;
          (3) practices of foreign countries that impede the 
        export of United States agricultural commodities and 
        products, and appropriate responses for the United 
        States;
          (4) the effectiveness of the trade agreements program 
        of the United States with respect to agriculture-
        related trade and exports, and the manner in which it 
        can be improved;
          (5) international economic trends that affect 
        agricultural exports, and the manner in which the 
        United States can best adjust its policies, programs, 
        and practices to meet changing economic conditions;
          (6) potential areas of conflict and compatibility 
        between international agricultural trade and foreign 
        food assistance programs, and the manner in which any 
        conflict can be resolved; and
          (7) the relationship between international 
        agricultural trade and foreign economic development and 
        food programs, and the manner in which they can be made 
        more compatible.

                      RECOMMENDATIONS AND REPORTS

    Sec. 1221.\9\ (a) On the basis of its study, the Commission 
shall make findings and develop recommendations for 
consideration by the President and Congress with respect to the 
agriculture-related trade and export policies, programs, and 
practices of the United States, and the manner in which such 
policies, programs, and practices can be improved to better 
develop, maintain and expand markets for United States 
agricultural exports.
    (b) The Commission shall submit to the President and 
Congress--
          (1) a report containing its initial findings and 
        recommendations by March 31, 1985,
          (2) such additional interim reports on its work as 
        may be requested by the chairman of any of the 
        Committees set forth in section 1219(c) of this 
        subtitle, and
          (3) a report containing the final results of its 
        study and its recommendations therefrom by July 1, 
        1986.

                             ADMINISTRATION

    Sec. 1222.\9\ (a) The heads of Executive agencies, the 
General Accounting Office, the International Trade Commission, 
and the Congressional Budget Office shall, to the extent 
permitted by law, provide the Commission such information as it 
may require in carrying out its duties and functions.
    (b) Members of the Commission shall serve without any 
additional compensation for work on the Commission. However, 
members appointed from among private citizens of the United 
States may be allowed travel expenses, including per diem in 
lieu of subsistence, as authorized by law for persons serving 
intermittently in the government service under sections 5701 
through 5707 of title 5, United States Code.
    (c) To the extent there are sufficient funds available to 
the Commission in advance under section 1223 of this subtitle, 
and subject to such rules as may be adopted by the Commission, 
the chairman, without regard to the provisions of title 5, 
United States Code, governing appointments in the competitive 
service and without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, shall have the 
power to--
          (1) appoint and fix the compensation of a director; 
        and
          (2) appoint and fix the compensation of such 
        additional staff personnel as the Commission determines 
        necessary to carry out its duties and functions.
    (d) Upon request of the Commission, the Secretary of 
Agriculture shall furnish the Commission with such personnel 
and support services as are necessary to assist the Commission 
in carrying out its duties and functions.
    (e) Upon request of the Commission, the heads of other 
Executive agencies and the General Accounting Office are each 
authorized to furnish the Commission with such personnel and 
support services as the head of the agency or office and the 
chairman of the Commission agree are necessary to assist the 
Commission in carrying out its duties and functions.
    (f) The Commission shall not be required to pay or 
reimburse any agency or office for personnel and support 
services provided under this section.
    (g) In accordance with section 12 of the Federal Advisory 
Committee Act, the Secretary of Agriculture shall maintain such 
financial records as will fully disclose the disposition of any 
funds that may be at the disposal of the Commission and the 
nature and extent of its activities, and the Comptroller 
General of the United States, or any of the Comptroller 
General's authorized representatives, shall have access to such 
records for the purpose of audit and examination.
    (h) The Commission shall be exempt from section 7(d), 
section 10(e), section 10(f), and section 14 of the Federal 
Advisory Committee Act.
    (i) The Commission shall be exempt from the requirements of 
sections 4301 through 4305 of title 5, United States Code.

                             PUBLIC SUPPORT

    Sec. 1223.\9\ (a) Following the appointment or designation 
of the members of the Commission, notwithstanding the 
provisions of section 1342 of title 31, United States Code, the 
Secretary of Agriculture may receive, from persons, 
corporations, foundations, and all other groups and entities 
within the United States, contributions of money and services 
to assist the Commission in carrying out its duties and 
functions. Any money contributed under this section shall be 
available to the Commission for the payment of salaries, travel 
expenses, per diem, and other expenses incurred by the 
Commission under this subtitle. In no event may the 
contributions from any one person, corporation, foundation, or 
other group or entity exceed 5 per centum of the Commission's 
total budget.
    (b) If the contributions provided under subsection (a) are 
insufficient for payment of Commission salaries, travel 
expenses, per diem, and other expenses incurred by the 
Commission under this subtitle, the Secretary of Agriculture is 
authorized to use the funds of the Commodity Credit Corporation 
for such purposes in an amount not to exceed a total of 
$1,000,000.
    (c) The Secretary of Agriculture shall keep, and shall make 
available for public inspection during normal business hours, 
records that fully disclose a complete list of every person, 
group, and entity making a contribution under this section, the 
address of the contributor, the amount and type of each such 
contribution, and the date the contribution was made.
    (d) Any amount of money available to the Commission under 
this section that remains unobligated upon termination of the 
Commission shall be deposited in the Treasury as miscellaneous 
receipts.

                              TERMINATION

    Sec. 1224.\9\ The Commission shall terminate sixty days 
after the transmission of its final report to the President and 
Congress.
         5. International Carriage of Perishable Foodstuffs Act

  Public Law 97-325 [H.R. 6164], 96 Stat. 1603, approved October 15, 
1982; amended by Public Law 103-354 [Federal Crop Insurance Reform and 
 Department of Agriculture Reorganization Act of 1994; H.R. 4217], 108 
                 Stat. 3178, approved October 13, 1994

   AN ACT To authorize the Secretary of Agriculture to implement the 
Agreement on the International Carriage of Perishable Foodstuffs and on 
the Special Equipment to be Used for Such Carriage (ATP), 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 Carriage of Perishable 
Foodstuffs Act''.

                          FINDINGS AND PURPOSE

    Sec. 2.\1\ Congress hereby finds and declares that--
---------------------------------------------------------------------------
    \1\7 U.S.C. 4401.
---------------------------------------------------------------------------
          (1) the United States, as a member of the Economic 
        Commission for Europe of the United Nations, 
        participated in development by that Commission of the 
        Agreement on the International Carriage of Perishable 
        Foodstuffs and on the Special Equipment to be Used for 
        Such Carriage;
          (2) the agreement requires that equipment involved in 
        the international carriage of perishable foodstuffs be 
        inspected, tested, and certified to specified 
        standards;
          (3) this Act will make it possible for equipment in 
        the United States to be inspected, tested, and 
        certified in accordance with the agreement and the 
        standards specified therein; and
          (4) this Act will improve the conditions for the 
        movement of perishable foodstuffs in international 
        carriage in equipment owned or operated by United 
        States firms, which will serve to protect existing 
        trade and promote expansion of trade in perishable 
        foodstuffs, and will improve the sale of United States 
        manufactured equipment for use in international 
        carriage.

                              DEFINITIONS

    Sec. 3.\2\ As used in this Act--
---------------------------------------------------------------------------
    \2\7 U.S.C. 4402.
---------------------------------------------------------------------------
          (1) The term ``agreement'' means the Agreement on the 
        International Carriage of Perishable Foodstuffs and on 
        the Special Equipment to be Used for Such Carriage, and 
        the annexes and the appendices thereto, done at Geneva, 
        September 1, 1970, under the auspices of the Economic 
        Commission for Europe of the United Nations.
          (2) The term ``contracting party'' means any country 
        that is eligible under article 9 of the agreement and 
        that has complied with the terms of such article.
          (3) The term ``equipment'' means the special 
        transport equipment that complies with the definitions 
        and standards set forth in annex 1 to the agreement, 
        including, but not limited to, railway cars, trucks, 
        trailers, semitrailers, and intermodal freight 
        containers that are insulated only, or insulated and 
        equipped with a refrigerating, mechanically 
        refrigerating, or heating appliance.
          (4) The term ``perishable foodstuffs'' means quick 
        deep-frozen and frozen food products listed in annex 2 
        and food products listed in annex 3 to the agreement.
          (5) The term ``international carriage'' means 
        transportation of perishable foodstuffs if such 
        foodstuffs are loaded in equipment or the equipment 
        containing them is loaded onto a rail or road vehicle, 
        in the territory of any country and such foodstuffs 
        are, or the equipment containing them is, unloaded in 
        the territory of another country that is a contracting 
        party, where such transportation is by--
                  (A) rail,
                  (B) road,
                  (C) any combination of rail and road, or
                  (D) any sea crossing of less than one hundred 
                and fifty kilometers, if preceded or followed 
                by one or more land journeys as referred to in 
                clauses (A), (B), and (C) of this paragraph, 
                and the perishable foodstuffs are shipped in 
                the same equipment used for such land journeys 
                without transloading of such foodstuffs.
        In the case of any transportation that involves one or 
        more sea crossings other than as specified in clause 
        (D) of this paragraph, each land journey shall be 
        considered separately.
          (6) The term ``United States'' means the fifty States 
        of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, American Samoa, the 
        Virgin Islands of the United States, the Commonwealth 
        of the Northern Mariana Islands, and any other 
        territory or possession of the United States.

                 DUTIES OF THE SECRETARY OF AGRICULTURE

    Sec. 4.\3\ The Secretary of Agriculture of the United 
States shall be the competent authority to implement the 
agreement. To ensure compliance with the standards specified in 
the agreement, the Secretary of Agriculture may--
---------------------------------------------------------------------------
    \3\7 U.S.C. 4403.
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          (1) designate appropriate organizations to inspect or 
        test equipment, or both;
          (2) issue certificates of compliance in accordance 
        with annex 1, appendix 1, paragraph 4 of the agreement;
          (3) prescribe such regulations as may be necessary to 
        implement the agreement and administer this Act, 
        including, but not limited to, provision for suspending 
        or denying the designation of any organization to 
        inspect or test equipment and for denying the issuance 
        of certificates of compliance as may be necessary to 
        ensure compliance with the provisions of this Act and 
        the regulations issued thereunder;
          (4) make periodic onsite inspections of facilities 
        and procedures used by those seeking certificates of 
        compliance and by organizations designated to test or 
        inspect equipment under this Act;
          (5) require submission of reports by those seeking 
        certificates of compliance and by organizations 
        designated to test or inspect equipment under this Act;
          (6) require maintenance of records by those seeking 
        certificates of compliance and by organizations 
        designated to test or inspect equipment under this Act, 
        such records to be made available to the Secretary upon 
        request;
          (7) inform contracting parties, through the Secretary 
        of State of the United States, of all general measures 
        taken in connection with the implementation of the 
        agreement; and
          (8) take such other action as may be considered 
        appropriate to implement the agreement and administer 
        this Act.

                    DUTIES OF THE SECRETARY OF STATE

    Sec. 5.\4\ The Secretary of State, with the concurrence of 
the Secretary of Agriculture, may take such action as may be 
considered appropriate to assert and protect the rights of the 
United States under the agreement.
---------------------------------------------------------------------------
    \4\7 U.S.C. 4404.
---------------------------------------------------------------------------

             FEES FOR TESTING, INSPECTION OR CERTIFICATION

    Sec. 6.\5\ (a) Any organization designated by the Secretary 
of Agriculture to test or inspect equipment may establish 
reasonable fees to cover the costs of such testing or 
inspection. Such fees shall be payable directly to the 
organization by those seeking inspection or testing.
---------------------------------------------------------------------------
    \5\7 U.S.C. 4405.
---------------------------------------------------------------------------
    (b) The Secretary of Agriculture may, effective October 1, 
1982, fix and cause to be collected reasonable fees to cover, 
as nearly as practicable, the costs to the Department of 
Agriculture incurred in connection with the issuance of 
certificates of compliance as provided under section 4(2) of 
this Act. All fees collected shall be credited to the current 
appropriation account that incurs the cost and shall be 
available without fiscal year limitation to pay the expenses of 
the Secretary of Agriculture incident to the issuance of 
certificates of compliance under this Act.

                    AUTHORIZATION FOR APPROPRIATIONS

    Sec. 7.\6\ There are authorized to be appropriated to the 
Secretary of Agriculture for the fiscal year beginning October 
1, 1982, and for each fiscal year thereafter, such sums as are 
necessary to carry out the provisions of this Act, but not to 
exceed $100,000 in any fiscal year.
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    \6\7 U.S.C. 4406.
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                   ASSISTANT SECRETARY OF AGRICULTURE

    Sec. 8.\7\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \7\Formerly at 7 U.S.C. 2212c. Sec. 218 of the Department of 
Agriculture Reorganization Act of 1994 (Public Law 103-354; 108 Stat. 
3212) authorized the Secretary of Agriculture to establish Assistant 
Secretaries for Congressional Relations, Administration, and Marketing 
and Regulatory Programs, and repealed sections in law superseded by 
such authorization. See 7 U.S.C. 6918.
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            6. Pesticide Monitoring Improvements Act of 1988

  Partial text of Title IV of Public Law 100-418 [H.R. 4848], 102 Stat. 
                 1107 at 1411, approved August 23, 1988

  AN ACT To enhance the competitiveness of American industry, and for 
                            other purposes.

          * * * * * * *

             Subtitle G--Pesticide Monitoring Improvements

SEC. 4701.\1\ SHORT TITLE.

  This subtitle may be cited as the ``Pesticide Monitoring 
Improvements Act of 1988''.
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    \1\21 U.S.C. 1401 note.
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SEC. 4702. * * *

SEC. 4703.\2\ FOREIGN PESTICIDE INFORMATION.

  (a) Cooperative Agreements.--The Secretary of Health and 
Human Services shall enter into cooperative agreements with the 
governments of the countries which are the major sources of 
food imports into the United States subject to pesticide 
residue monitoring by the Food and Drug Administration for the 
purpose of improving the ability of the Food and Drug 
Administration to assure compliance with the pesticide 
tolerance requirements of the Federal Food, Drug, and Cosmetic 
Act with regard to imported food.
---------------------------------------------------------------------------
    \2\21 U.S.C. 1402.
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  (b) Information Activities.--
          (1) The cooperative agreements entered into under 
        subsection (a) with governments of foreign countries 
        shall specify the action to be taken by the parties to 
        the agreements to accomplish the purpose described in 
        subsection (a), including the means by which the 
        governments of the foreign countries will provide to 
        the Secretary of Health and Human Services current 
        information identifying each of the pesticides used in 
        the production, transportation, and storage of food 
        products imported from production regions of such 
        countries into the United States.
          (2) In the case of a foreign country with which the 
        Secretary is unable to enter into an agreement under 
        subsection (a) or for which the information provided 
        under paragraph (1) is insufficient to assure an 
        effective pesticide monitoring program, the Secretary 
        shall, to the extent practicable, obtain the 
        information described in paragraph (1) with respect to 
        such country from other Federal or international 
        agencies or private sources.
          (3) The Secretary of Health and Human Services shall 
        assure that appropriate offices of the Food and Drug 
        Administration which are engaged in the monitoring of 
        imported food for pesticide residues receive the 
        information obtained under paragraph (1) or (2).
          (4) The Secretary of Health and Human Services shall 
        make available any information obtained under paragraph 
        (1) or (2) to State agencies engaged in the monitoring 
        of imported food for pesticide residues other than 
        information obtained from private sources the 
        disclosure of which to such agencies is restricted.
  (c) Coordination With Other Agencies.--The Secretary of 
Health and Human Services shall--
          (1) notify in writing the Department of Agriculture, 
        the Environmental Protection Agency, and the Department 
        of State at the initiation of negotiations with a 
        foreign country to develop a cooperative agreement 
        under subsection (a); and
          (2) coordinate the activities of the Department of 
        Health and Human Services with the activities of those 
        departments and agencies, as appropriate, during the 
        course of such negotiations.
  (d) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Health and Human 
Services shall report to the Committee on Agriculture, 
Nutrition, and Forestry and the Committee on Labor and Human 
Resources of the Senate and the House of Representatives on the 
activities undertaken by the Secretary to implement this 
section. The report shall be made available to appropriate 
Federal and State agencies and to interested persons.
                             * * * * * * *
=======================================================================




                           C. THE PEACE CORPS

                                CONTENTS

                                                                   Page

1. The Peace Corps Act, as amended (Public Law 87-293)...........  1099
2. Establishment of the Peace Corps as an Independent Agency 
    (Public Law 97-113) (partial text)...........................  1128
3. Peace Corps Reauthorization...................................  1131
      a. Peace Corps Authorization for Fiscal Years 1994 and 1995 
          (Public Law 103-236) (partial text)....................  1131
      b. Peace Corps Authorization for Fiscal Year 1993 (Public 
          Law 102-565) (partial text)............................  1132
      c. Peace Corps Authorization for Fiscal Years 1986 and 1987 
          (Public Law 99-83) (partial text)......................  1135
4. Independent Implementing Provisions of Public Law 89-134......  1137
5. Higher Education Amendments of 1986 (Public Law 99-498) 
    (partial text)...............................................  1138
6. National and Community Service Act of 1990 (Public Law 101-
    610) (partial text)..........................................  1139
7. The Peace Corps--Establishment as Agency Within ACTION 
    (Executive Order 12137)......................................  1147
8. Providing for the Appointment of Former Peace Corps Volunteers 
    to the Civilian Civil Service (Executive Order 11103)........  1152

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

      
      
      
      
      
_______________________________________________________________________


          The Peace Corps was initially established pursuant to 
        Executive Order 10924, March 1, 1961, 26 F.R. 1789, as 
        an agency in the Department of State, under authority 
        of the Mutual Security Act of 1954, as amended. 
        Pursuant to that order, Department of State Delegation 
        of Authority No. 85-11, March 3, 1961, 26 F.R. 2196, 
        and Department of State Redelegation of Authority No. 
        85-10B, March 4, 1961, 26 F.R. 2196, the Peace Corps 
        was empowered to exercise authority under section 
        400(a) of the Mutual Security Act of 1954, as amended 
        (``Special Assistance''), and under certain other 
        provisions of that act. Its operations were funded from 
        appropriations available under the Mutual Security Act 
        and Mutual Security Program funds appropriated by the 
        joint resolution making temporary appropriations for 
        fiscal year 1962. The authorities, functions, offices, 
        personnel, property, records, and funds available to 
        the Peace Corps were preserved, pending enactment of 
        the Peace Corps Act, by section 643(d) of the Foreign 
        Assistance Act of 1961, notwithstanding the repeal by 
        that act of much of the Mutual Security Act of 1954, as 
        amended. Section 643(d) was repealed by the Foreign 
        Assistance Act of 1962. Pursuant to Executive Order 
        11603 of July 1, 1971 (36 F.R. 12675), the Peace Corps 
        was transferred to the agency created by Reorganization 
        Plan No. 1 of 1971 and designated as ACTION. The ACTION 
        Agency was established by law under Title IV of the 
        Domestic Volunteer Service Act of 1973. Executive Order 
        12137 of May 16, 1979 superseded Executive Order 11603 
        but continued the policy of the Peace Corps operating 
        as an agency within ACTION. Sec. 601 of the 
        International Security and Development Cooperation Act 
        of 1981 (Public Law 97-113), in amending the Peace 
        Corps Act, removed the Peace Corps from ACTION and 
        established the Peace Corps as an independent agency 
        within the executive branch, effective December 29, 
        1981. All functions relating to the Peace Corps 
        previously vested in the Director of ACTION were 
        transferred to the Director of the Peace Corps on the 
        day before the effective date.
_______________________________________________________________________

                   1. The Peace Corps Act, as amended

   Public Law 87-293 [H.R. 7500], 75 Stat. 612, 22 U.S.C. 2501-2523, 
  approved September 22, 1961; as amended by Public Law 87-442 [H.R. 
 10700], 76 Stat. 62, approved April 27, 1962; Public Law 87-793 [H.R. 
7927], 76 Stat. 632, approved October 11, 1962; Public Law 88-200 [H.R. 
9009], 77 Stat. 359, approved December 13, 1963; Public Law 88-285 [S. 
 2455], 78 Stat. 166, approved March 17, 1965; Public Law 88-426 [H.R. 
11049], 78 Stat. 400, approved August 14, 1964; Public Law 88-448 [H.R. 
 7381], 78 Stat. 484, approved August 19, 1964; Public Law 89-134 [S. 
 2054], 79 Stat. 59, approved August 24, 1965; Public Law 89-554 [H.R. 
10104], 80 Stat. 378, approved September 6, 1966; Public Law 89-572 [S. 
3418], 80 Stat. 764, approved September 13, 1966; Public Law 90-175 [S. 
 1031], 81 Stat. 542, approved December 5, 1967; Public Law 90-362 [S. 
  2914], 82 Stat. 250, approved June 27, 1968; Public Law 91-99 [H.R. 
11039], 83 Stat. 166, approved October 29, 1969; Public Law 91-352 [S. 
  3430], 84 Stat. 464, approved July 24, 1970; Public Law 92-135 [S. 
2260], 85 Stat. 376, approved October 8, 1971; Public Law 92-352 [H.R. 
 14734], 86 Stat. 489, approved July 13, 1972; Public Law 93-49 [H.R. 
  5293], 87 Stat. 99, approved June 25, 1973; Public Law 93-302 [H.R. 
 12920], 88 Stat. 191, approved June 1, 1974; Public Law 94-130 [H.R. 
6334], 89 Stat. 684, approved November 14, 1975; Public Law 94-274 [S. 
  2444], 90 Stat. 383, approved April 21, 1976; by Public Law 94-281 
[H.R. 12226], 90 Stat. 458, approved May 7, 1976; Public Law 95-102 [S. 
 1235] 91 Stat. 841, approved August 15, 1977; Public Law 95-331 [H.R. 
    11877], 92 Stat. 414, approved August 2, 1978; Public Law 96-53 
  [International Development Cooperation Act of 1979; H.R. 3324], 93 
Stat. 359 at 370, approved August 14, 1979; Public Law 96-465 [Foreign 
   Service Act of 1980; H.R. 6790], 94 Stat. 2071 at 2157 and 2160, 
 approved October 17, 1980; Public Law 96-533 [International Security 
 and Development Cooperation Act of 1980; H.R. 6942], 94 Stat. 3131 at 
  3155, approved December 16, 1980; Public Law 97-113 [International 
 Security and Development Cooperation Act of 1981; S. 1196], 95 Stat. 
1519 at 1540, approved December 29, 1981; Public Law 97-387 [S. 2611], 
     96 Stat. 1947, approved December 23, 1982; Public Law 98-473 
 [Continuing Appropriations Act, 1985; H.J. Res. 648], 98 Stat. 1837, 
approved October 12, 1984; by Public Law 99-83 [International Security 
and Development Cooperation Act of 1985; S. 960], 99 Stat. 190 at 272, 
   approved August 8, 1985, by Public Law 99-399 [Omnibus Diplomatic 
  Security and Antiterrorism Act of 1986; H.R. 4151], 100 Stat. 897, 
approved August 27, 1986; Public Law 100-202 [Continuing Appropriations 
  Act for Fiscal Year 1988; H.J. Res. 395], 101 Stat. 1329, approved 
 December 22, 1987; Public Law 102-511 [FREEDOM Support Act; S. 2532], 
   106 Stat. 3320, approved October 24, 1992; Public Law 102-565 [S. 
  3309], 106 Stat. 4265, approved October 28, 1992; Public Law 103-82 
  [National and Community Service Trust Act of 1993; H.R. 2010], 107 
  Stat. 785, approved September 21, 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 104-208 [Omnibus 
  Consolidated Appropriations Act, 1997; H.R. 3610], 110 Stat. 3009, 
approved September 30, 1996; and by Public Law 105-12 [Assisted Suicide 
  Funding Restriction Act of 1997; H.R. 1003], 111 Stat. 23, approved 
                             April 30, 1997

 AN ACT To provide for a Peace Corps to help the peoples of interested 
    countries and areas in meeting their needs for skilled manpower.

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

                        TITLE I--THE PEACE CORPS

                              SHORT TITLE

    Section 1.\1\ This Act may be cited as the ``Peace Corps 
Act''.
---------------------------------------------------------------------------
    \1\22 U.S.C. 2501 note.
---------------------------------------------------------------------------

                         DECLARATION OF PURPOSE

    Sec. 2.\2\ (a)\3\ The Congress of the United States 
declares that it is the policy of the United States and the 
purpose of this Act to promote world peace and friendship 
through a Peace Corps, which shall make available to interested 
countries and areas men and women of the United States 
qualified for service abroad and willing to serve, under 
conditions of hardship if necessary, to help the peoples of 
such countries and areas in meeting their needs for trained 
manpower, particularly in meeting the basic needs of those 
living in the poorest areas of such countries,\4\ and to help 
promote a better understanding of the American people on the 
part of the peoples served and a better understanding of other 
peoples on the part of the American people.
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    \2\22 U.S.C. 2501.
    \3\The subsec. designation ``(a)'' and a new subsec. (b) were added 
by sec. 1102(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 272).
    \4\The words beginning with ``particularly in meeting * * *'' were 
added by sec. 2 of Public Law 95-331 (92 Stat. 414).
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    (b)\3\ The Congress declares that it is the policy of the 
United States and a purpose of the Peace Corps to maintain, to 
the maximum extent appropriate and consistent with programmatic 
and fiscal considerations, a volunteer corps of at least 10,000 
individuals.

                  PEACE CORPS AS AN INDEPENDENT AGENCY

    Sec. 2A.\5\ Effective on the date of the enactment of the 
International Security and Development Cooperation Act of 1981, 
the Peace Corps shall be an independent agency within the 
executive branch and shall not be an agency within the ACTION 
Agency, the successor to the ACTION Agency,\6\ or any other 
department or agency of the United States.
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    \5\22 U.S.C. 2501-1. Sec. 2A was added by sec. 601(a) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1540). For additional information concerning the 
establishment of the Peace Corps as an independent agency, see text of 
sec. 601 of Public Law 97-113.
    \6\Sec. 405(e) of the National and Community Service Trust Act of 
1993 (Public Law 103-82; 107 Stat. 921) inserted ``, the successor to 
the ACTION Agency,'' after ``the ACTION Agency''.
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                             AUTHORIZATION

    Sec. 3.\7\ (a) The President is authorized to carry out 
programs in furtherance of the purposes of this Act, on such 
terms and conditions as he may determine.
---------------------------------------------------------------------------
    \7\22 U.S.C. 2502.
---------------------------------------------------------------------------
    (b)\8\ Authorizations of Appropriations.--There are 
authorized to be appropriated to carry out the purposes of this 
Act $218,146,000 for fiscal year 1993, which are authorized to 
remain available until September 30, 1994.
---------------------------------------------------------------------------
    \8\Sec. 1 of Public Law 102-565 (106 Stat. 4265) amended and 
restated subsec. (b).
    Authorizations in prior years for the Peace Corps include: fiscal 
year 1976--$88,468,000; fiscal year 1977T--$27,887,800; fiscal year 
1977--$81,000,000; fiscal year 1978--$86,544,000 (increased from 
$82,900,000 by Public Law 95-331); fiscal year 1979--$112,424,000; 
fiscal year 1980--$105,404,000; fiscal year 1981--$118,000,000; fiscal 
year 1982--$105,000,000; fiscal year 1983--$105,000,000; fiscal year 
1984--$116,000,000; fiscal year 1985--none enacted; fiscal year 1986--
$130,000,000; fiscal year 1987--$137,200,000; fiscal year 1988--none 
enacted; fiscal year 1989--none enacted; fiscal year 1990--none 
enacted; fiscal year 1991--none enacted; fiscal year 1992--none 
enacted; fiscal year 1994--$219,745,000; fiscal year 1995--
$234,745,000; fiscal year 1996--none enacted; fiscal year 1997--none 
enacted; fiscal year 1998--none enacted.
    Sec. 601 of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995 (108 Stat. 490), authorized to be appropriated 
$219,745,000 for fiscal year 1994 and $234,745,000 for fiscal year 1995 
to carry out this Act.
    Titles II and V of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2397, 2406), provided the following:
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                             ``PEACE CORPS
---------------------------------------------------------------------------
    ``For expenses necessary to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), $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.
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          * * * * * * *

              ``LIMITATION ON REPRESENTATIONAL ALLOWANCES
---------------------------------------------------------------------------
    ``Sec. 505. Of the funds appropriated or made available pursuant to 
this Act, * * * 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:''.
---------------------------------------------------------------------------
    (c)\9\ In addition to the amount authorized to be 
appropriated by subsection (b) to carry out the purposes of 
this Act, there are authorized to be appropriated for increases 
in salary, pay, retirement, or other employee benefits 
authorized by law, each fiscal year,\10\ such sums as may be 
necessary.
---------------------------------------------------------------------------
    \9\Subsec. (c) was added by sec. 2 of Public Law 93-302 (88 Stat. 
191) and amended by sec. 2 of Public Law 94-130, sec. 2 of Public Law 
94-281, and Public Law 95-102 (91 Stat. 841).
    \10\The reference to ``each fiscal year'' was inserted in lieu of a 
reference to fiscal year 1981 by sec. 602(b) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1542). Authorizations for prior years under this subsection 
included: fiscal years 1978--$1,069,000 (increased from $1,000,000 by 
Public Law 95-331); fiscal years 1979, 1980, and 1981--``such sums as 
may be necessary''.
---------------------------------------------------------------------------
    (d)\11\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \11\Subsecs. (d), (e), and (f) were repealed by sec. 601(e)(1) of 
the International Security and Development Cooperation Act of 1981 
(Public Law 97-113; 95 Stat. 1542). Sec. 601(e)(2) of Public Law 97-113 
further stated that such repeals shall not affect ``(A) the validity of 
any action taken before the date of the enactment of this Act [Dec. 29, 
1981] under those provisions of law repealed by that amendment, or (B) 
the liability of any person for any payment described in section 3(f) 
of the Peace Corps Act as in effect immediately before the date of the 
enactment of this Act.''. Subsec. (d), as added by sec. 2 of Public Law 
93-302 and amended by sec. 3 of Public Law 94-130, had stipulated that 
the Director of ACTION should transfer by Dec. 31, 1975, $315,000 from 
the fiscal year 1976 appropriations to the readjustment allowance, 
ACTION, account at the Treasury Department in order to rectify the 
imbalance in the Peace Corps readjustment allowance account for the 
period Mar. 1, 1961, to Feb. 28, 1973. Subsec. (e), as added by sec. 2 
of Public Law 93-302 (88 Stat. 191), had authorized the Director of 
ACTION to waive claims resulting from erroneous payments of 
readjustment allowances to Peace Corps volunteers who terminated their 
service between Mar. 1, 1961, and Feb. 28, 1973. Subsec. (f), also 
added by sec. 2 of Public Law 93-302, had relieved disbursing and 
certifying officers of the Peace Corps and ACTION from liability for 
improper or incorrect payment of readjustment allowances made to 
Volunteers between Mar. 1, 1961, and Feb. 28, 1973, except in the case 
of fraud.
---------------------------------------------------------------------------
    (e)\11\ * * * [Repealed--1981]
    (f)\11\ * * * [Repealed--1981]
    (d)\12\ In recognition of the fact that women in developing 
countries play a significant role in economic production, 
family support, and the overall development process, the Peace 
Corps shall be administered so as to give particular attention 
to those programs, projects, and activities which tend to 
integrate women into the national economics of developing 
countries, thus improving their status and assisting the total 
development effort.
---------------------------------------------------------------------------
    \12\Subsec. (d), originally added as subsec. (g) by sec. 3(3) of 
Public Law 95-331 (92 Stat. 414), was redesignated as subsec. (d) by 
sec. 601(e)(1) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1542).
---------------------------------------------------------------------------
    (h)\13\ In recognition of the fact that there are over 
400,000,000 disabled people in the world, 95 percent of whom 
are among the poorest of the poor, the Peace Corps shall be 
administered so as to give particular attention to programs, 
projects, and activities which tend to integrate disabled 
people into the national economies of developing countries, 
thus improving their status and assisting the total development 
effort.
---------------------------------------------------------------------------
    \13\Subsec. (h) was added by sec. 603 of the International Security 
and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 
1542).
---------------------------------------------------------------------------

        DIRECTOR OF THE PEACE CORPS AND DELEGATION OF FUNCTIONS

    Sec. 4.\14\ (a) The President may appoint, by and with the 
advice and consent of the Senate, a Director of the Peace 
Corps\15\ and a Deputy Director of the Peace Corps.\15\
---------------------------------------------------------------------------
    \14\22 U.S.C. 2503.
    \15\The words ``, whose compensation shall be fixed by the 
President at a rate not in excess of $20,000 per annum,'' and ``, whose 
compensation shall be fixed by the President at a rate not in excess of 
$19,500 per annum'', which appeared at these points, respectively, were 
repealed by sec. 305(27) of the Government Employees Salary Reform Act 
of 1964 (Public Law 88-426).
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    (b)\16\ The President may exercise any functions vested in 
him by this Act through the Director of the Peace Corps. The 
Director of the Peace Corps may promulgate such rules and 
regulations as he may deem necessary or appropriate to carry 
out such functions, and may delegate to any of his subordinates 
authority to perform any of such functions.
---------------------------------------------------------------------------
    \16\The references in subsec. (b) to the Director of the Peace 
Corps were substituted in lieu of references to the head of any agency 
or any officer of the United States Government by sec. 601(d)(1) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1541).
---------------------------------------------------------------------------
    (c)(1) Nothing contained in this Act shall be construed to 
infringe upon the powers or functions of the Secretary of 
State.
    (2) The President shall prescribe appropriate procedures to 
assure coordination of Peace Corps activities with other 
activities of the United States Government in each country, 
under the leadership of the chief of the United States 
diplomatic mission.
    (3) Under the direction of the President, the Secretary of 
State shall be responsible for the continuous supervision and 
general direction of the programs authorized by this Act, 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.
    (4)\17\ The Director of the Peace Corps may prescribe such 
regulations as may be necessary to assure that no individual 
performing service for the Peace Corps under any authority 
contained in this Act shall engage in any activity determined 
by the Director to be detrimental to the best interest of the 
United States.
---------------------------------------------------------------------------
    \17\Par. (4) was added by sec. 2 of Public Law 91-352 (84 Stat. 
426). The function prescribed in this paragraph was transferred to the 
President by sec. 2(b) of Reorganization Plan No. 1 of 1971.
---------------------------------------------------------------------------
    (d) Except with the approval of the Secretary of State, the 
Peace Corps shall not be assigned to perform services which 
could more usefully be performed by other available agencies of 
the United States Government in the country concerned.

                         PEACE CORPS VOLUNTEERS

    Sec. 5.\18\ (a) The President may enroll in the Peace Corps 
for service abroad qualified citizens and nationals of the 
United States (referred to in this Act as ``volunteers''). The 
terms and conditions of the enrollment, training, compensation, 
hours of work, benefits, leave, termination, and all other 
terms and conditions of the service of volunteers shall be 
exclusively those set forth in this Act and those consistent 
therewith which the President may prescribe; and, except as 
provided in this Act, volunteers shall not be deemed officers 
or employees or otherwise in the service or employment of, or 
holding office under, the United States for any purpose. In 
carrying out this subsection there shall be no discrimination 
against any person on account of race, sex, creed, or 
color.\19\
---------------------------------------------------------------------------
    \18\22 U.S.C. 2504. Sec. 4 of Public Law 94-130 added ``sex'' to 
the bases for nondiscrimination.
    \19\This last sentence of sec. 5(a) was amended by sec. 1105(b) of 
the International Security and Development Cooperation Act of 1985 
(Public Law 99-83; 99 Stat. 276), which removed the prohibition that 
``no political request shall be required to be taken into 
consideration''.
---------------------------------------------------------------------------
    (b) Volunteers shall be provided with such living, travel, 
and leave allowances, and such housing, transportation, 
supplies, equipment, subsistence, and clothing as the President 
may determine to be necessary for their maintenance and to 
insure their health and their capacity to serve effectively. 
Supplies or equipment provided volunteers to insure their 
capacity to serve effectively may be transferred to the 
government or to other entities of the country or area with 
which they have been serving, when no longer necessary for such 
purpose, and when such transfers would further the purposes of 
this Act.\20\ Transportation and travel allowances may also be 
provided in such circumstances as the President may determine, 
or applicants for enrollment to or from places of training and 
places of enrollment, and for former volunteers from places of 
termination to their homes in the United States.
---------------------------------------------------------------------------
    \20\This sentence was added by sec. 2(a) of Public Law 88-200.
---------------------------------------------------------------------------
    (c)\21\ Volunteers shall be entitled to receive a 
readjustment allowance at a rate not less than $125\22\ for 
each month of satisfactory service as determined by the 
President.\23\ The readjustment allowance of each volunteer 
shall be payable on his return to the United States: Provided, 
however, That, under such circumstances as the President may 
determine, the accrued readjustment allowance, or any part 
thereof, may be paid to the volunteer, members of his family or 
others, during the period of his service, or prior to his 
return to the United States. In the event of the volunteer's 
death during the period of his service, the amount of any 
unpaid readjustment allowance shall be paid in accordance with 
the provisions of section 5582(b) of title 5, United States 
Code. For purposes of the Internal Revenue Code of 1954 (26 
U.S.C.), a volunteer shall be deemed to be paid and to receive 
each amount of a readjustment allowance to which he is entitled 
after December 31, 1964, when such amount is transferred from 
funds made available under this Act to the fund from which such 
readjustment allowance is payable.
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    \21\Sec. 2(b) of Public Law 88-200 substituted this language, 
except for the final sentence, for former subsec. (c), which read as 
follows:
    ``(c) Volunteers shall be entitled to receive termination payments 
at a rate not to exceed $75 for each month of satisfactory service as 
determined by the President. The termination payment of each volunteer 
shall be payable at the termination of his service, or may be paid 
during the course of his service to the volunteer, to members of his 
family or to others, under such circumstances as the President may 
determine. In the event of the volunteer's death during the period of 
his service, the amount of any unpaid termination payment shall be paid 
in accordance with the provisions of section 61f of title 5 of the 
United States Code.''.
    The final sentence was added by sec. 2(a) of Public Law 89-134.
    \22\The words ``not less than $125'' were inserted in lieu of the 
words ``not to exceed $125'' by sec. 606 of the International Security 
and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 
1543).
    \23\A phrase, which had been added by sec. 2(b) of Public Law 91-
352 and had previously appeared at this point, was struck by sec. 4(1) 
of Public Law 95-331 (92 Stat. 414). It formerly read as follows: 
``except that, in the cases of volunteers who have one or more minor 
children at the time of their entering a period of preenrollment 
training, one parent shall be entitled to receive a readjustment 
allowance at a rate not to exceed $125 for each month of satisfactory 
service as determined by the President.''.
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    (d)\24\ * * * [Repealed--1966]
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    \24\Public Law 89-554 repealed subsec. (d), which related to 
Federal Employees' Compensation Act coverage and enacted a 
substantially identical provision at 5 U.S.C. 8142, which reads, 
amended, as follows:
    ``(a) For the purpose of this section, `volunteer' means--
    ``(1) a volunteer enrolled in the Peace Corps under section 2504 of 
title 22;
    ``(2) a volunteer leader enrolled in the Peace Corps under section 
2505 of title 22;
    ``(3) an applicant for enrollment as a volunteer or volunteer 
leader during a period of training under section 2507(a)( of title 22 
before enrollment.
    ``(b) Subject to the provisions of this section, this subchapter 
applies to a volunteer, except that entitlement to disability 
compensation payments does not commence until the day after the date of 
termination of his services as a volunteer.
    ``(c) For the purposes of this subchapter--
    ``(1) a volunteer is deemed receiving monthly pay at the minimum 
rate for GS-7;
    ``(2) a volunteer leader referred to by section 2505 of title 22, 
or a volunteer with one or more minor children as defined in section 
2504 of title 22, is deemed receiving monthly pay at the minimum rate 
for GS-11;
    ``(3) an injury suffered by a volunteer when he is outside the 
several States and the District of Columbia is deemed proximately 
caused by his employment, unless the injury or disease is--
    ``(A) caused by willful misconduct of the volunteer;
    ``(B) caused by the volunteer's intention to bring about the injury 
or death of himself or of another; or
    ``(C) proximately caused by the intoxication of the injured 
volunteer; and
    ``(4) the period of service of an individual as a volunteer 
includes--
    ``(A) any period of training, under section 2507(a) of title 22 
before enrollment as a volunteer; and
    ``(B) the period between enrollment as a volunteer and the 
termination of service as a volunteer by the President or by death or 
resignation.''.
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    (e)\25\ Volunteers shall receive such health care during 
their service, applicants for enrollment shall receive such 
health examinations preparatory to their service, applicants 
for enrollment who have accepted an invitation to begin a 
period of training under section 8(a) of this Act shall receive 
such immunization and dental care preparatory to their service, 
and former volunteers shall receive such health examinations 
within six months after termination of their service, as the 
President may deem necessary or appropriate. Subject to such 
conditions as the President may prescribe, such health care may 
be provided in any facility of any agency of the United States 
Government, and in such cases the appropriation for maintaining 
and operating such facility shall be reimbursed from 
appropriations available under this Act. Health care may not be 
provided under this subsection in a manner inconsistent with 
the Assisted Suicide Funding Restriction Act of 1997.\26\
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    \25\Sec. 2(b) of Public Law 89-134 substantially amended this 
subsection which previously read as follows:
    ``(e) Volunteers shall receive such health care during their 
service and such health examinations and immunization preparatory to 
their service, as the President may deem necessary or appropriate. 
Subject to such conditions as the President may prescribe, such health 
care, examinations, and immunizations may be provided for volunteers in 
any facility of any agency of the United States Government, and in such 
cases the appropriation for maintaining and operating such facility 
shall be reimbursed from appropriations available under this Act.''.
    \26\Sec. 9(j) of the Assisted Suicide Funding Restriction Act of 
1997 (Public Law 105-12; 111 Stat. 27) added the last sentence to 
subsec. (e).
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    (f)\27\ (1) Any period of satisfactory service of a 
volunteer under this Act shall be credited in connection with 
subsequent employment in the same manner as a like period of 
civilian employment by the United States Government--
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    \27\Public Law 89-554 repealed subsec. (f) insofar as it applied to 
the Civil Service Retirement Act, as amended, and enacted a provision, 
5 U.S.C. 8332(b), which provides the same benefit. 5 U.S.C. 8332(b), in 
pertinent part reads as follows:
    ``(b) The service of an employee shall be credited from the date of 
original employment to the date of separation on which title to annuity 
is based in the civilian service of the Government. Except as provided 
in paragraph (13) of this subsection, credit may not be allowed for a 
period of separation from the service in excess of 3 calendar days. The 
service includes--
    ``(5) a period of satisfactory service of a volunteer or volunteer 
leader under chapter 34 of title 22 only if he later becomes subject to 
this subchapter. * * * For the purpose of paragraph (5) of this 
subsection--
    ``(A) a volunteer and a volunteer leader are deemed receiving pay 
during their service at the respective rates of readjustment allowances 
payable under sections 2504(c) and 2505(1) of title 22; and
    ``(B) the period of an individual's service as a volunteer or 
volunteer leader under chapter 34 of title 22 is the period between 
enrollment as a volunteer or volunteer leader and the termination of 
that service by the President or by death or resignation.''.
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          (A) for the purposes of section 816(a) of the Foreign 
        Service Act of 1980\28\ and every other Act 
        establishing a retirement system for civilian employees 
        of any United States Government agency; and
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    \28\This reference to the Foreign Service Act of 1980 was 
substituted in lieu of a reference to the Foreign Service Act of 1946 
by sec. 2202(a) of Public Law 96-465 (94 Stat. 2157).
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          (B) except as otherwise determined by the President, 
        for the purposes of determining seniority, reduction in 
        force, and layoff rights, leave entitlement, and other 
        rights and privileges based upon length of service 
        under the laws administered by the Civil Service 
        Commission, the Foreign Service Act of 1980, and every 
        other Act establishing or governing terms and 
        conditions of service of civilian employees of the 
        United States Government: Provided, That service of a 
        volunteer shall not be credited toward completion of 
        any probationary or trial period or completion of any 
        service requirement for career appointment.
    (2) For the purposes of paragraph (1)(A) of this 
subsection, volunteers and volunteer leaders shall be deemed to 
be receiving compensation during their service at the 
respective rates of readjustment allowances\29\ payable under 
sections 5(c) and (6)(1) of this Act.
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    \29\Sec. 2(c) of Public Law 88-200 substituted the words 
``readjustment allowances'' for the words ``termination payments''.
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    (g) The President may detail or assign volunteers or 
otherwise make them available to any entity referred to in 
paragraph (1) of section 10(a) on such terms and conditions as 
he may determine: Provided, That not to exceed two hundred 
volunteers may be assigned to carry out secretarial or clerical 
duties on the staffs of the Peace Corps representatives 
abroad:\30\ Provided, however, That any volunteer so detailed 
or assigned shall continue to be entitled to the allowances, 
benefits and privileges of volunteers authorized under or 
pursuant to this Act.
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    \30\The first proviso was added by sec. 2(d) of Public Law 88-200. 
Sec. 2(e) of Public Law 89-134 substituted ``two'' for ``one'' and 
struck out ``in the aggregate'' which had followed ``volunteers'' in 
this proviso as originally enacted.
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    (h)\31\ Volunteers shall be deemed employees of the United 
States Government for the purposes of the Federal Tort Claims 
Act\32\ and any other Federal tort liability statute,\33\ the 
Federal Voting Assistance Act of 1955 (5 U.S.C. 2171 et 
seq.),\34\ the Act of June 4, 1954, chapter 264, section 4 (5 
U.S.C. 73b-75), the Act of December 23, 1944, chapter 716, 
section 1, as amended (31 U.S.C. 492a),\35\ section 5584 of 
title 5, United States Code (and readjustment allowances paid 
under this Act shall be considered as pay for purposes of such 
section,\36\ and section 1 of the Act of June 4, 1920 (41 Stat. 
750), as amended (22 U.S.C. 214).\37\
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    \31\Public Law 89-554 repealed subsec. (h) insofar as it applied to 
the Act of June 4, 1954, ch. 264, sec. 4, which related to the payment 
or reimbursement of general average contribution from appropriation 
chargeable to certain types of transportation. Public Law 89-554 also 
enacted a provision which provided the same benefit (5 U.S.C. 5732) 
which read as follows: ``Under such regulations as the President may 
prescribe, appropriations chargeable for the transportation of baggage 
and household goods and personal effects of employees of the United 
States, volunteers as defined by section 8142(a) of this title, and 
members of the uniformed services are available for the payment or 
reimbursement of general average contributions required. Appropriations 
are not available for the payment or reimbursement of general average 
contributions--
    ``(1) required in connection with and applicable to quantities of 
baggage and household goods and personal effects in excess of 
quantities authorized by statute or regulation to be transported;
    ``(2) when the individual concerned is allowed under statute of 
regulation a commutation instead of actual transportation expenses; or
    ``(3) when the individual concerned selected the means of 
shipment.''.
    \32\28 U.S.C. 2671-2680 and notes.
    \33\Sec. 2(e) of Public Law 88-200 deleted the words ``and for the 
purposes of'' at this point and substituted ``the Federal Voting 
Assistance Act of 1955 (5 U.S.C. 2171 et seq.), the Act of June 4, 
1954, chapter 264, section 4 (5 U.S.C. 73b-5); and''.
    \34\Recodified as 50 U.S.C. 1451 et seq.
    \35\The reference to the Act of Dec. 23, 1944, was added by sec. 
2(d) of Public Law 89-134.
    \36\The reference to sec. 5584 of title 5, United States Code, was 
added by sec. 2 of Public Law 91-99.
    \37\The final two sentences of subsec. (h), as added by sec. 4(2) 
of Public Law 95-331 (92 Stat. 414) and amended by sec. 2202(a)(2) of 
Public Law 96-465 (94 Stat. 2157), were deleted by sec. 604(b) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1543). These sentences concerned malpractice 
protection for Peace Corps volunteers and can now be found at sec. 
10(j) of this Act.
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    (i) The service of a volunteer may be terminated at any 
time at the pleasure of the President.
    (j) Upon enrollment in the Peace Corps, every volunteer 
shall take the oath prescribed for persons appointed to any 
office of honor or profit by section 1757 of the Revised 
Statutes of the United States, as amended (5 U.S.C. 16)\38\ and 
shall swear (or affirm) that he does not advocate the overthrow 
of our constitutional form of government in the United States, 
and that he is not a member of an organization that advocates 
the overthrow of our constitutional form of government in the 
United States, knowing that such organization so advocates.
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    \38\Recodified as 5 U.S.C. 3331.
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    (k)\39\ In order to assure that the skills and experience 
which former volunteers have derived from their training and 
their service abroad are best utilized in the national 
interest, the President may, in cooperation with agencies of 
the United States, private employers, educational institutions 
and other entities of the United States, undertake programs 
under which volunteers would be counseled with respect to 
opportunities for further education and employment.
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    \39\Added by sec. 2(f) of Public Law 88-200 (77 Stat. 360).
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    (l)\40\ Notwithstanding any other provision of law, counsel 
may be employed and counsel fees, court costs, bail, and other 
expenses incident to the defense of volunteers may be paid in 
foreign judicial or administrative proceedings to which 
volunteers have been made parties.
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    \40\Added by sec. 2(a) of Public Law 89-572 (80 Stat. 765).
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    (m)\41\ The minor children of a volunteer living with the 
volunteer may receive--
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    \41\Added by sec. 3(b) of Public Law 91-352 (84 Stat. 464).
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    (1) such living, travel, education, and leave allowances, 
such housing, transportation, subsistence, and essential 
special items of clothing as the President may determine;
    (2) such health care, including health care following the 
volunteer's service for illness or injury incurred during such 
service, and health and accident insurance, as the President 
may determine and upon such terms as he may determine, 
including health care in any facility referred to in subsection 
(e) of this section, subject to such conditions as the 
President may prescribe and subject to reimbursement of 
appropriations as provided in such subsection (e);
    (3) such orientation, language, and other training 
necessary to accomplish the purposes of this Act as the 
President may determine; and
    (4) the benefits of subsection (1) of this section on the 
same basis as volunteers.
    (n)\41\ The costs of packing and unpacking, transportation 
to and from a place of storage, and storing the furniture and 
household and personal effects of a volunteer who has one or 
more minor children at the time of his entering a period of 
pre-enrollment training may be paid from the date of his 
departure from his place of residence to enter training until 
no later than three months after termination of his service.

                     PEACE CORPS VOLUNTEER LEADERS

    Sec. 6.\42\ The President may enroll in the Peace Corps 
qualified citizens or nationals of the United States whose 
services are required for supervisory or other special duties 
or responsibilities in connection with programs under this Act 
(referred to in this Act as ``volunteer leaders''). The ratio 
of the total number of volunteer leaders to the total number of 
volunteers in service at any one time shall not exceed one to 
twenty-five. Except as otherwise provided in this Act, all of 
the provisions of this Act applicable to volunteers shall be 
applicable to volunteer leaders, and the term ``volunteers'' 
shall include ``volunteer leaders'': Provided, however, That--
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    \42\22 U.S.C. 2505.
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          (1) volunteer leaders shall be entitled to receive a 
        readjustment allowance at a rate not less than $125\43\ 
        for each month of satisfactory service as determined by 
        the President;\44\
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    \43\Sec. 3 of Public Law 88-200 substituted the words ``a 
readjustment allowance'' for the words ``termination payments''.
    Public Law 97-387 (96 Stat. 1947) substituted the words ``not less 
than'' in lieu of the words ``not to exceed''. This amendment became 
effective as of Dec. 29, 1981.
    \44\Sec. 3 of Public Law 94-281 (90 Stat. 458) provided that the 
fiscal year 1977 appropriation to carry out the purposes of the Peace 
Corps Act, $10,100,000 shall be available only for payment of the 
readjustment allowances authorized by secs. 5(c) and 6(1).
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          (2) spouses and minor children of volunteer leaders 
        may receive such living, travel, and leave allowances, 
        and such housing, transportation, subsistence, and 
        essential special items of clothing, as the President 
        may determine, but authority contained in this 
        paragraph shall be exercised only under exceptional 
        circumstances;
          (3) spouses and minor children of volunteer leaders 
        accompanying them may receive such health care as the 
        President may determine and upon such terms as he may 
        determine, including health care in any facility 
        referred to in section 5(e) of this Act, subject to 
        such conditions as the President may prescribe in 
        section 5(e);\45\ and
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    \45\Public Law 89-134 provided health care for children born during 
the Volunteer's service. Public Law 91-352 struck out this provision.
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          (4) spouses and minor children of volunteer leaders 
        accompanying them may receive such orientation, 
        language, and other training necessary to accomplish 
        the purposes of this Act as the President may 
        determine.

                         PEACE CORPS EMPLOYEES

    Sec. 7.\46\ (a)(1) For the purpose of performing functions 
under this Act outside the United States, the President may 
employ or assign persons, or authorize the employment or 
assignment of officers or employees of 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 established under section 402 
or 403 of the Foreign Service Act of 1980,\47\ together with 
allowances and benefits thereunder; and persons so employed or 
assigned shall be entitled, except to the extent that the 
President may specify otherwise in cases in which the period of 
the employment or assignment exceeds thirty months, to the same 
benefits as are provided by section 310 of that Act\48\ for 
persons appointed to the Foreign Service Reserve.
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    \46\22 U.S.C. 2506. Sec. 4(a) of Public Law 89-134 struck out the 
former subsecs. (a) and (b) of this section which read as follows:
    ``(a) The President may employ such persons, not to exceed 275 
persons permanently employed in the United States at any one time in 
fiscal year 1962, as the President deems necessary to carry out the 
provisions and purposes of this Act. Except as otherwise provided in 
this Act, such persons (hereafter sometimes referred to as 
``employees'') shall be employed in accordance with and shall be 
subject to the laws applicable to personnel employed by the United 
States Government.
    ``(b) Of the persons employed in the United States in activities 
authorized by this Act, not to exceed thirty may be compensated without 
regard to the provisions of the Classification Act of 1949, as amended, 
of whom not to exceed twenty may be compensated at rates higher than 
those provided for grade fifteen of the general schedule established by 
the Classification Act of 1949, as amended, but not in excess of the 
highest rate of grade 18 of such general schedule. Such positions shall 
be in addition to those authorized by section 4(a) of this Act to be 
filled by Presidential appointment, and in addition to the number 
authorized by section 505 of the Classification Act of 1949, as 
amended.''.
    Under the terms of sec. 5 of Public Law 89-134, the independent 
implementing provisions of that act, persons holding career or career-
conditional appointments under the repealed authorities immediately 
prior to the effective date of sec. 4 of Public Law 89-134 (Oct. 10, 
1965) may continue employment under such authority for 3 years. Those 
whose career or career-conditional appointments were at grade 8 or 
below of the General Schedule could receive appointment for the 
duration of operations under the Peace Corps Act.
    Sec. 4(b) (1) and (2) of Public Law 89-134 reorganized this 
subsection by changing its designation from ``(c)'' to ``(a)(1)'', and 
striking ``--(1)'' after the words ``the President may''.
    \47\The words to this point beginning with ``which are not 
authorized'' were substituted by sec. 2202(b)(1)(A) of Public Law 96-
465 (94 Stat. 2157) in lieu of the following: ``who shall receive 
compensation at any of the rates provided for persons appointed to the 
Foreign Service Reserve and Staff under the Foreign Service Act of 
1946, as amended (22 U.S.C. 801 et seq.)''.
    \48\The reference to sec. 310 was substituted in lieu of a 
reference to sec. 528 by sec. 2202(b)(1)(B) of Public Law 96-465 (94 
Stat. 2157).
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    (2)\49\ The President may utilize such authority contained 
in the Foreign Service Act of 1980 relating to members of the 
Foreign Service and other United States Government officers and 
employees as the President deems necessary to carry out 
functions under this Act, except that--
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    \49\Par. (2), as amended by Public Law 89-134, was amended and 
restated by sec. 2202(b)(1) of Public Law 96-465 (94 Stat. 2157).
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          (A) no Foreign Service appointment or assignment 
        under this paragraph shall be for a period of more than 
        seven and one-half years, subject to paragraph (5) and 
        except as provided in paragraph (6)\50\ and
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    \50\The words to this point beginning with ``, subject to 
paragraph'' were substituted in lieu of the following: ``unless the 
Director of the Peace Corps, under special circumstances, personally 
approved an extension of not more than one year on an individual 
basis'' by sec. 1103(a)(1)(A) of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 272). 
Such sec. 1103(a)(1)(A) also increased the period of time of 
appointments from 5 years to 7.5 years. See sec. 1103(b) of Public Law 
99-83 concerning a report from the Peace Corps Director on the criteria 
for making appointments for periods of more than 5 years.
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          (B) no individual whose Foreign Service appointment 
        or assignment under this paragraph has been terminated 
        shall be reappointed or reassigned under this paragraph 
        before the expiration of a period of time equal to the 
        preceding tour of duty of that individual.
Subparagraphs (A) and (B) do not apply with respect to foreign 
national employees.\51\ Such provisions of the Foreign Service 
Act of 1980 (other than the provision of section 309)\52\ as 
the President deems appropriate shall apply to individuals 
appointed or assigned under this paragraph, including in all 
cases, the provisions of section 310 of that Act, except that 
(i) the President may by regulation make exceptions to the 
application of section 310 in cases in which the period of the 
appointment or assignment exceeds thirty months, (ii) members 
of the Foreign Service appointed or assigned pursuant to this 
paragraph shall receive within-class salary increases, in 
accordance with such regulations as the President may 
prescribe, and (iii) under such regulations as the President 
may prescribe, individuals who are to perform duties of a more 
routine nature than are generally performed by members of the 
Foreign Service assigned to class 9 in the Foreign Service 
Schedule may be appointed to an unenumerated class ranking 
below class 9 in the Foreign Service Schedule and be paid basic 
compensation at rates lower than those for class 9, except that 
such rates may be no less than the then applicable minimum wage 
rate specified in section 6(a)(1) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 206(a)(1)).
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    \51\This sentence was added by sec. 541(a) of the Foreign 
Assistance Appropriations Act, 1985 (included in sec. 101 of the 
Continuing Appropriations Act, 1985; Public Law 98-473; 98 Stat. 1903). 
This amendment had been included as sec. 703 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. 703 of 
H.R. 5119.
    \52\This parenthetical phrase was added by sec. 1103(a)(1)(B) of 
the International Security and Development Cooperation Act of 1985 
(Public Law 99-83; 99 Stat. 272.)
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    (3)\53\ The President may specify what additional allowance 
authorized by section 5941 of title 5, United States Code, and 
which of the allowances and differentials authorized by 
sections 5923 through 5925 of such title 5 may be granted to 
any person employed, appointed, or assigned under this 
subsection and may determine the rates thereof not to exceed 
the rates otherwise granted to employees under the sections of 
title 5, United States Code, referred to in this paragraph.
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    \53\As amended and restated by sec. 5 of Public Law 91-352 (84 
Stat. 465). Previously amended by sec. 4(b)(4) of Public Law 89-134 (79 
Stat. 550).
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    (4)\54\ An individual who has received an appointment or 
assignment in the Foreign Service under this subsection may, 
not later than September 30, 1982, or three years after 
separation from such appointment or assignment, whichever is 
later, be appointed to a position in any United States 
department, agency, or establishment--
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    \54\Paragraph (4) was added by sec. 302 of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 371). 
The text of par. (4) up to the words ``or three years'' were inserted 
by sec. 2202(b)(2) of Public Law 96-465 (94 Stat. 2158). Former text of 
par. (4) had contained temporary language pending the enactment of 
Foreign Service personnel reform legislation which was included in 
Public Law 96-465.
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          (A) in the competitive service under title 5, United 
        States Code, without competitive examination and in 
        accordance with such regulations and conditions 
        consistent with this subsection as may be prescribed by 
        the Director of the Office of Personnel Management, or
          (B) in an established merit system in the excepted 
        service, if such individual\55\ (i) served 
        satisfactorily under the authority of this subsection, 
        as certified by the President, for not less than 
        thirty-six months on a continuous basis without a break 
        in service of more than three days,\56\ and (ii) is 
        qualified for the position in question.
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    \55\The word ``individual'' was substituted in lieu of ``person'' 
by sec. 2202(b)(2)(B) of Public Law 96-465 (94 Stat. 2158).
    \56\The words ``continuous basis without a break in service of more 
than three days,'' were substituted in lieu of the words 
``substantially continuous basis'' by sec. 2202(b)(2)(C) of Public Law 
96-465 (94 Stat. 2158).
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    (5)\57\ Except as provided in paragraph (6), the Director 
of the Peace Corps may make appointments or assignments of 
United States citizens under paragraph (2) for periods of more 
than five years only in the case of individuals whose 
performance as employees of the Peace Corps has been 
exceptional and only in order to achieve one or more of the 
following purposes:
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    \57\Sec. 1103(a)(2) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 272) added pars. 
(5) and (6).
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          (A) To permit individuals who have served at least 
        two and one-half years of such an appointment or 
        assignment abroad to serve in the United States 
        thereafter.
          (B) To permit individuals who have served at least 
        two and one-half years of such an appointment or 
        assignment in the United States to serve abroad 
        thereafter.
          (C) To permit individuals who have served at least 
        two and one-half years of such an appointment or 
        assignment in a recruitment, selection, or training 
        activity to be reassigned to an activity other than the 
        one in which they have most recently so served.
          (D) To promote the continuity of functions in 
        administering the Peace Corps.
At no time may the number of appointments or assignments of 
United States citizens in effect under paragraph (2) for 
periods in excess of five years exceed fifteen percent of the 
total of all appointments and assignments of United States 
citizens then in effect under paragraph (2).
    (6)\57\ Notwithstanding the limitation set forth in 
paragraph (2)(A) on the length of an appointment or assignment 
under paragraph (2) and notwithstanding the limitations set 
forth in paragraph (5) on the circumstances under such an 
appointment or assignment may exceed five years, the Director 
of the Peace Corps, under special circumstances, may personally 
approve an extension of an appointment or assignment under 
paragraph (2) for not more than one year on an individual 
basis.
    (b)\58\ * * * [Repealed--1981]
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    \58\Subsec. (b), as amended by Public Law 89-134, was repealed by 
sec. 2205(9) of the Foreign Service Act of 1980 (Public Law 96-465; 94 
Stat. 2160). Subsec. (b) had authorized the President to prescribe by 
regulation standards for maintaining adequate performance levels for 
persons performing functions under this Act outside of the United 
States.
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    (c)\59\ In each country or area in which volunteers serve 
abroad, the President may appoint an employee or a volunteer as 
a Peace Corps representative to have direction of other 
employees of the Peace Corps abroad and to oversee the 
activities carried on under this Act in such country or area. 
Unless a representative is a volunteer, the compensation, 
allowances and benefits, and other terms and conditions of 
service of each such representative, shall be the same as those 
of a person appointed or assigned pursuant to paragraph (1) or 
(2) of subsection (a) of this section, except that any such 
representative may, notwithstanding any provision of law, be 
removed by the President in his discretion.
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    \59\Sec. 4(d) of Public Law 89-134 amended this subsection by 
substituting ``(c)'' for ``(e)'' and ``(a)'' for ``(c)''.
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                           VOLUNTEER TRAINING

    Sec. 8.\60\ (a) The President shall make provision for such 
training as he deems appropriate for each applicant for 
enrollment as a volunteer and each enrolled volunteer. All of 
the provisions of this Act applicable respectively to 
volunteers and volunteer leaders shall be applicable to 
applicants for enrollment as such during any period of training 
occurring prior to enrollment, and the respective terms 
``volunteers'' and ``volunteer leaders'' shall include such 
applicants during any such period of training.
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    \60\22 U.S.C. 2507. Sec. 904 of the FREEDOM Support Act (Public Law 
102-511; 106 Stat. 3356) repealed subsec. (c) of sec. 8. It previously 
read as follows:
    ``(c) Training hereinabove provided for, shall include instruction 
in the philosophy, strategy, tactics, and menace of communism.''.
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    (b) The President may also make provision, on the basis of 
advances of funds or reimbursement to the United States, for 
training for citizens of the United States, other than those 
referred to in subsection (a) of this section, who have been 
selected for service abroad in programs not carried out under 
authority of this Act which are similar to those authorized by 
this Act. The provisions of section 9 of this Act shall apply, 
on a similar advance of funds or a reimbursement basis, with 
respect to persons while within the United States for training 
under authority of this subsection. Advances or reimbursements 
received under this subsection may be credited to the current 
applicable appropriation, fund, or account and shall be 
available for the purposes for which such appropriation, fund, 
or account is authorized to be used.

                   PARTICIPATION OF FOREIGN NATIONALS

    Sec. 9.\61\ In order to provide for assistance by foreign 
nationals in the training of volunteers, and to permit 
effective implementation of Peace Corps projects with due 
regard for the desirability of cost-sharing arrangements, where 
appropriate, the President may make provision for 
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 Act 
while they are away from their homes, without regard to the 
provisions of any other law: Provided, however, That per diem 
in lieu of subsistence furnished to such persons shall not be 
at rates higher than those prescribed by the Secretary of State 
pursuant to section 12 of Public Law 84-855\62\ (70 Stat. 890). 
Such persons, and persons coming to the United States under 
contract pursuant to section 10(a)(5), may be admitted to the 
United States, if otherwise qualified, as nonimmigrants under 
section 101(a)(15) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)) for such time and under such conditions as 
may be prescribed by regulations promulgated by the Secretary 
of State and the Attorney General. A person admitted under this 
section who fails to maintain the status under which he was 
admitted or who fails to depart from the United States at the 
expiration of the time for which he was admitted, or who 
engages in activities of a political nature detrimental to the 
interests of the United States, or in activities not consistent 
with the security of the United States, shall, upon the warrant 
of the Attorney General, be taken into custody and promptly 
removed pursuant to chapter 4 of title II of the Immigration 
and Nationality Act\62\ proceedings under this section shall be 
summary and the findings of the Attorney General as to matters 
of fact shall be conclusive.
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    \61\22 U.S.C. 2508.
    \62\Sec. 308(e)(18) of Public Law 104-208 (110 Stat. 3009) struck 
out ``deported pursuant to sections 241, 242, and 243 of the 
Immigration and Nationality Act. Deportation'' and inserted in lieu 
thereof ``removed pursuant to chapter 4 of title II of the Immigration 
and Nationality Act''.
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                     GENERAL POWERS AND AUTHORITIES

    Sec. 10.\63\ (a) In the furtherance of the purposes of this 
Act, the President may--
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    \63\22 U.S.C. 2509.
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          (1) enter into, perform, and modify contracts and 
        agreements and otherwise cooperate with any agency of 
        the United States Government or of any State or any 
        subdivision thereof, other governments and departments 
        and agencies thereof, and educational institutions, 
        voluntary agencies, farm organizations, labor unions, 
        and other organizations, individuals and firms;
          (2) assign volunteers in special cases to temporary 
        duty with international organizations and agencies when 
        the Secretary of State determines that such assignment 
        would serve the purposes of this Act;\64\
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    \64\A proviso clause, which had limited the number of volunteers or 
volunteer leaders assigned to international organizations to 125, was 
struck by sec. 5(a)(1) of Public Law 95-331 (92 Stat. 414).
---------------------------------------------------------------------------
          (3)\65\ assign volunteers to duty or otherwise make 
        them available to any entity referred to in paragraph 
        (1), in order to assist such organizations and agencies 
        in providing development or other relief assistance to 
        displaced persons and refugees in any country, if the 
        government of the country agrees to such assignment;
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    \65\Sec. 5(c) of Public Law 95-331 (92 Stat. 415) added pars. (3) 
and redesignated par. (3) and (4) as (4) and (5), respectively.
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          (4)\65\ accept in the name of the Peace Corps and 
        employ or transfer in furtherance of the purposes of 
        this Act (A) voluntary services notwithstanding the 
        provisions of 31 U.S.C. 665(b), and (B) any money or 
        property (real, personal or mixed, tangible or 
        intangible) received by gift, devise, bequest, or 
        otherwise;\66\ and
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    \66\Sec. 6 of Public Law 89-572 added the words ``or transfer'' and 
struck out the following language which had followed the word 
``otherwise'': ``, and transfer such money or property to the 
government or other entities of the country or area with which the 
Volunteers are serving, when such transfer would further the general 
purposes of the Act''. Except for the words ``money or'', the above 
language was added by sec. 5 of Public Law 88-200. Sec. 6 of Public Law 
89-134 added the words ``money or''.
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          (5)\65\ contract with individuals for personal 
        services abroad, and with aliens (abroad or within the 
        United States) for personal services within the United 
        States: Provided, That no such person shall be deemed 
        an officer or employee or otherwise in the service or 
        employment of the United States Government for any 
        purpose.
    (b) Notwithstanding any other provision of law, whenever 
the President determines that it will further the purposes of 
this Act, the President, under such regulations as he may 
prescribe, may settle and pay, in an amount not exceeding 
$20,000,\67\ any claim against the United States, for loss of 
or damage to real or personal property (including loss of 
occupancy or use thereof) belonging to, or for personal injury 
or death of, any person not a citizen or resident of the United 
States, where such claim arises abroad out of the act or 
omission of any Peace Corps employee or out of the act or 
omission of any volunteer, but only if such claim is presented 
in writing within one year after it accrues. Any amount paid in 
settlement of any claim under this subsection shall be accepted 
by the claimant in full satisfaction thereof and shall bar any 
further action or proceeding thereon.
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    \67\This figure was increased from $10,000 to $20,000 by sec. 
5(a)(2) of Public Law 95-331 (92 Stat. 414). Sec. 5(b) of such Act 
stated that this amendment would apply to claims made after the date of 
enactment of Public Law 95-331 (Aug. 2, 1978).
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    (c) Subject to any future action of the Congress, a 
contract or agreement which entails commitments for the 
expenditure of funds available for the purposes of this Act, 
including commitments for the purpose of paying or providing 
for allowances and other benefits of volunteers authorized by 
sections 5 and 6 of this Act, may extend at any time for not 
more than five years.\68\
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    \68\Sec. 602(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 491), struck out 
``thirty-six months'' and inserted in lieu thereof ``five years''.
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    (d) Whenever the President determines it to be in 
furtherance of the purposes of this Act, functions authorized 
by this Act may be performed without regard to such provisions 
of law (other than section 3709 of the Revised Statutes of the 
United States, as amended, section 302 of the Federal Property 
and Administrative Services Act of 1949, and the Renegotiation 
Act of 1951, as amended)\69\ regulating the making, 
performance, amendment, or modification of contracts, and the 
expenditure of Government funds as the President may specify.
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    \69\50 U.S.C. app. 1211 note. Sec. 2 of Public Law 93-49 added 
within the parentheses, the reference to sec. 3709 and sec. 302.
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    (e) The President may allocate or transfer to any agency of 
the United States Government any funds available for carrying 
out the purposes of this Act including any advance received by 
the United States from any country or international 
organization under authority of this Act, but not to exceed 20 
per centum in the aggregate of such funds may be allocated or 
transferred to agencies other than the Peace Corps. Such funds 
shall be available for obligation and expenditure for the 
purposes of this Act 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.
    (f) Any officer of the United States Government carrying 
out functions under this Act may utilize the services and 
facilities of, or procure commodities 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.
    (g) In the case of any commodity, service, or facility 
procured from any agency of the United States Government under 
this Act, reimbursement or payment shall be made to such agency 
from funds available under this Act. Such reimbursement or 
payment shall be at replacement cost, or, if required by law, 
at actual cost, 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 covered into the Treasury as 
miscellaneous receipts.
    (h)\70\ The President may provide hospitalization and 
medical treatment to Foreign Service local employees who are 
within the United States for training related to their 
employment under this Act, for illnesses, injuries, or 
conditions other than those arising out of and in the course of 
employment, which, in the judgment of the President, began 
during such employee's travel related to such training or so 
near to the beginning of such travel that the onset of the 
illness, injury, or condition could not have been known, and 
for which immediate medical treatment or hospitalization is 
reasonably required.
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    \70\Subsec. (h) was added by sec. 5(a)(3) of Public Law 95-331 (92 
Stat. 414).
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    (i)\71\ The Director of the Peace Corps shall have the same 
authority as is available to the Secretary of State under 
section 26(a) of the State Department Basic Authorities Act of 
1956. For purposes of this subsection, the reference in such 
section 26(a) to a principal officer of the Foreign Service 
shall be deemed to be a reference to a Peace Corps 
representative and the reference in such section to a member of 
the Foreign Service shall be deemed to be a reference to a 
person employed, appointed, or assigned under this Act.
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    \71\Subsecs. (i) and (j) were added by sec. 604(a) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1543). Sec. 604(c) of Public Law 97-113 further 
stated that ``To the extent that the authorities provided by the 
amendments made by subsection (a) are authorities which are not 
applicable with respect to the Peace Corps immediately before the 
enactment of this Act and which require the expenditure of funds, those 
authorities may not be exercised using any funds appropriated after 
February 15, 1981, and before the date of enactment of this Act.''. 
(enacted Dec. 29, 1981). See text of sec. 26(a) and sec. 30 of the 
State Department Basic Authorities Act of 1956 mentioned in subsecs. 
(i) and (j).
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    (j)\71\ The provisions of section 30 of the State 
Department Basic Authorities Act of 1956 shall apply to 
volunteers and persons employed, appointed, or assigned under 
this Act, and to individuals employed under personal services 
contracts to furnish medical services abroad pursuant to 
subsection (a)(5) of this section.\72\ For purposes of this 
subsection, references to the Secretary in subsection (b) of 
such section shall be deemed to be references to the Director 
of the Peace Corps, references to the Secretary in subsection 
(f) of such section shall be deemed to be references to the 
President, and the reference in subsection (g) of such section 
to a principal representative of the United States shall be 
deemed to be a reference to a Peace Corps representative.
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    \72\Sec. 602(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 491), inserted ``and 
to individuals employed under personal services contracts to furnish 
medical services abroad pursuant to subsection (a)(5) of this 
section''.
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                                REPORTS

    Sec. 11.\73\ The President shall transmit to the Congress, 
at least once in each fiscal year, a report on operations under 
this Act. Each report shall contain information describing 
efforts undertaken to improve coordination of activities of the 
Peace Corps with activities of international voluntary service 
organizations, such as the United Nations volunteer program, 
and of host country voluntary service organizations, 
including--
---------------------------------------------------------------------------
    \73\22 U.S.C. 2510.
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          (1) a description of the purpose and scope of any 
        development project which the Peace Corps undertook 
        during the preceding fiscal year as a joint venture 
        with any such international or host country voluntary 
        service organizations; and
          (2) recommendations for improving coordination of 
        development projects between the Peace Corps and any 
        such international or host country voluntary service 
        organizations.\74\
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    \74\This sentence was added by sec. 6 of Public Law 95-331 (92 
Stat. 415).
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    The President shall also include in the report a 
description of any plans to carry out the policy set forth in 
section 2(b) of this Act.\75\
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    \75\This sentence was added by sec. 1102(b) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 272).
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                 PEACE CORPS NATIONAL ADVISORY COUNCIL

    Sec. 12.\76\ (a) Establishment.--A Peace Corps National 
Advisory Council (hereinafter in this section referred to as 
the ``Council'') shall be established in accordance with the 
provisions of this section.
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    \76\22 U.S.C. 2511. Sec. 12 was added by sec. 1104 of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 273). Sec. 12 was previously repealed by Public Law 
92-352 (86 Stat. 495). Subsec. (b) of sec. 1104 terminated the 
functions of any advisory body carrying out functions similar to those 
assigned to the Peace Corps National Advisory Council. In effect, it 
nullified Executive Order 12468 (49 F.R. 11139) which had established a 
Presidential Advisory Council on the Peace Corps.
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    (b) Functions.--(1) The Council shall advise and consult 
with the President and the Director of the Peace Corps with 
regard to policies and programs designed to further the 
purposes of this Act and shall, as the Council considers 
appropriate, periodically report to the Congress with regard to 
the Peace Corps.
    (2) Members of the Council shall (subject to subsection 
(d)(1)) conduct on-site inspections, and make examinations, of 
the activities of the Peace Corps in the United States and in 
other countries in order to--
          (A) evaluate the accomplishments of the Peace Corps;
          (B) assess the potential capabilities and the future 
        role of the Peace Corps;
          (C) make recommendations to the President, the 
        Director of the Peace Corps, and, as the Council 
        considers appropriate, the Congress, for the purpose of 
        guiding the future direction of the Peace Corps and of 
        helping to ensure that the purposes and programs of the 
        Peace Corps are carried out in ways that are 
        economical, efficient, responsive to changing needs in 
        developing countries and to changing relationships 
        among people, and in accordance with law; and
          (D) make such other evaluations, assessments, and 
        recommendations as the Council considers appropriate.
    (3) The Council may provide for public participation in its 
activities.
    (c) Membership.--(1) Persons appointed as members of the 
Council shall be broadly representative of the general public, 
including educational institutions, private volunteer agencies, 
private industry, farm organizations, labor unions, different 
regions of the United States, different educational, economic, 
racial, and national backgrounds and age groupings, and both 
sexes.
    (2)(A) The Council shall consist of fifteen voting members 
who shall be appointed by the President, by and with the advice 
and consent of the Senate. At least seven of such members shall 
be former Peace Corps volunteers, and not more than eight of 
such members shall be members of the same political party.
    (B) The first appointments of members of the Council under 
this paragraph shall be made not more than sixty days after the 
date of the enactment of this section and, solely for purposes 
of determining the expiration of their terms, shall be deemed 
to take effect on the sixtieth day after such date of 
enactment.
    (C) No member appointed under this paragraph may be an 
officer or employee of the United States Government.
    (D) Of the members initially appointed under this 
paragraph, eight shall be appointed to 1-year terms and seven 
shall be appointed to 2-year terms. Thereafter, all appointed 
members shall be appointed to 2-year terms.
    (E) A member of the Council appointed to fill a vacancy 
occurring before the expiration of the term for which the 
member's predecessor was appointed shall be appointed only for 
the remainder of that term.
    (F) No member of the Council may serve for more than two 
consecutive 2-year terms.
    (G) Members of the Council shall serve at the pleasure of 
the President.
    (H) An appointed member of the Council may be removed by a 
vote of nine members for malfeasance in office, for persistent 
neglect of or inability to discharge duties, or for offenses 
involving moral turpitude, and for no other cause.
    (I) Within thirty days after any vacancy occurs in the 
office of an appointed member of the Council, the President 
shall nominate an individual to fill the vacancy.
    (3) In addition to the voting members of the Council, the 
Secretary of State and the Administrator of the Agency for 
International Development, or their designees, and the Director 
and Deputy Director of the Peace Corps, shall be non-voting 
members, ex officio, of the Council.
    (d) Compensation.--(1) Except as provided in paragraph (2), 
a member of the Council who is not an officer or employee of 
the United States Government--
          (A) shall be paid compensation out of funds made 
        available for the purposes of this Act at the daily 
        equivalent of the highest rate payable under section 
        5332 of title 5, United States Code, for each day 
        (including travel time) during which the member is 
        engaged in the actual performance of duties as a 
        Council member, and
          (B) while away from his or her home or regular place 
        of business on necessary travel, as determined by the 
        Director of the Peace Corps, in the actual performance 
        of duties as a Council member, shall be paid per diem, 
        travel, and transportation expenses in the same manner 
        as is provided under subchapter I of chapter 57 of 
        title 5, United States Code
    (2) A member of the Council may not be paid compensation 
under paragraph (1)(A) for more than twenty days in any 
calendar year.
    (e) Quorum.--A majority of the voting members of the 
Council shall constitute a quorum for the purposes of 
transacting any business.
    (f) Financial Interests of Members.--A member of the 
Council shall disclose to the Council the existence of any 
direct or indirect financial interest of that member in any 
particular matter before the Council and may not vote or 
otherwise participate as a Council member with respect to that 
particular matter.
    (g) Chair and Vice Chair.--At its first meeting and at its 
first regular meeting in each calendar year thereafter, the 
Council shall elect a Chair and Vice Chair from among its 
appointed members who are citizens of the United States. The 
Chair and Vice Chair may not both be members of the same 
political party.
    (h) Meetings, Bylaws, and Regulations.--(1) The Council 
shall hold a regular meeting during each calendar quarter and 
shall meet at the call of the President, the Director of the 
Peace Corps, the Council's Chair, or one-fourth of its members.
    (2) The Council shall prescribe such bylaws and regulations 
as it considers necessary to carry out its functions. Such 
bylaws and regulations shall include procedures for fixing the 
time and place of meetings, giving or waiving of notice of 
meetings, and keeping of minutes of meetings.
    (i) Reports to the President and the Director.--Not later 
than January 1, 1988, and not later than January 1 of each 
second year thereafter, the Council shall submit to the 
President and the Director of the Peace Corps a report on its 
views on the programs and activities of the Peace Corps. Each 
report shall contain a summary of the advice and 
recommendations provided by the Council to the President and 
the Director during the period covered by the report and such 
recommendations (including recommendations for administrative 
or legislative action) as the Council considers appropriate to 
make to the Congress. Within ninety days after receiving each 
such report, the President shall submit to the Congress a copy 
of the report, together with any comments concerning the report 
that the President or the Director considers appropriate.
    (j) Administrative Assistance.--The Director of the Peace 
Corps shall make available to the Council such personnel, 
administrative support services, and technical assistance as 
are necessary to carry out its functions effectively.

                        EXPERTS AND CONSULTANTS

    Sec. 13.\77\ (a) Experts and consultants or organizations 
thereof may, as authorized by Section 3109 of title 5, United 
States Code, be employed by the President\78\ for the 
performance of functions under this Act, and individuals so 
employed may be compensated at rates not in excess of the per 
diem equivalent of the highest rate payable under section 5332 
of title 5, United States Code,\79\ 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 and other 
expense at the applicable rate prescribed in the Standardized 
Government Travel Regulations, as amended from time to time, 
while so employed: Provided, That contracts for such employment 
may be renewed annually.
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    \77\22 U.S.C. 2512.
    \78\Sec. 6(a) of Public Law 88-200 substituted ``President'' for 
``Peace Corps''.
    \79\The words ``per diem equivalent of the highest rate payable 
under section 5332 of Title 5'' were substituted for ``$75 per diem'' 
by Public Law 91-352 (84 Stat. 465).
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    (b) Service of an individual as a member of the Council 
authorized to be established by section 12 of this Act or as an 
expert or consultant under subsection (a) of this section shall 
not\80\ be considered as employment or holding of office or 
position bringing such individual within the provisions of 
sections 3323(b) and 8344 of title 5, United States Code, 
section 824 of the Foreign Service Act of 1980\81\ or any other 
law limiting the reemployment of retired officers or employees 
or governing the simultaneous receipt of compensation and 
retired pay or annuities, subject to section 5532 of title 5, 
United States Code.
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    \80\The words which formerly appeared at this point were struck out 
by sec. 6(b) of Public Law 88-200. They read as follows: ``be 
considered as service or employment bringing such individual within the 
provisions of section 281, 283, or 284 of title 18 of the United States 
Code, or of section 190 of the Revised Statutes (5 U.S.C. 99), or of 
any other Federal law imposing restrictions, requirements, or penalties 
in relation to the employment of persons, the performance of service, 
or the payment or receipt of compensation in connection with any claim, 
proceeding, or matter involving the United States Government, except 
insofar as such provisions of law may prohibit any such individual from 
receiving compensation in respect of any particular matter, in which 
such individual was directly involved in the performance of such 
service; nor shall such service''.
    These words were struck out to reflect the general repeal of all 
special exemptions from the conflict-of-interest statutes for 
government employees which was effected by sec. 2 of Public Law 87-849.
    \81\The reference to sec. 824 of the Foreign Service Act of 1980 
was substituted in lieu of a reference to sec. 872 of the Foreign 
Service Act of 1946 by sec. 2202(c) of Public Law 96-465 (94 Stat. 
2158).
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     DETAIL OF PERSONNEL TO FOREIGN GOVERNMENTS AND INTERNATIONAL 
                             ORGANIZATIONS

    Sec. 14.\82\ (a) 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 any 
officer or employee of his agency (1) to serve with, or as a 
member of, the international staff of any international 
organization, or (2) to any office or position to which no 
compensation is attached with any foreign government or agency 
thereof: Provided, That such acceptance of such office or 
position shall in no case involve the taking of an oath of 
allegiance to another government.
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    \82\22 U.S.C. 2513.
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    (b) Any such officer or employee, while so detailed or 
assigned, 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 
authorized by this Act. He may also 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.\83\ The authorization of such 
allowances and other benefits, and the payment thereof out of 
any appropriations available therefor, shall be considered as 
meeting all of the requirements of section 5536 of title 5, 
United States Code.
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    \83\The reference to sec. 905 of the Foreign Service Act of 1980 
was substituted in lieu of a reference to sec. 901 of the Foreign 
Service Act of 1946 by sec. 2202(d) of Public Law 96-465 (94 Stat. 
2158).
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    (c) Details or assignments may be made under this section--
          (1) without reimbursement to the United States 
        Government, by the international organization or 
        foreign government;
          (2) upon agreement by the international organization 
        or foreign government to reimburse the United States 
        Government for compensation, travel expenses, and 
        allowances, or any part thereof, payable to such 
        officer or employee during the period of assignment or 
        detail in accordance with subsection (b) of this 
        section; and such reimbursement shall be credited to 
        the appropriation, fund, or account utilized for paying 
        such compensation, travel expenses, or allowances, or 
        to the appropriation, fund, or account currently 
        available for such purpose; or
          (3) upon an advance of funds, property or services 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.

                          UTILIZATION OF FUNDS

    Sec. 15.\84\ (a) Funds made available for the purposes of 
this Act may be used for compensation, allowances and travel of 
employees, including members of the Foreign Service\85\ 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 employees) without regard to such laws and regulations 
governing the obligation and expenditure of Government funds as 
may be necessary to accomplish the purposes of this Act.
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    \84\22 U.S.C. 2514.
    \85\The words ``members of the Foreign Service'' were substituted 
in lieu of the words ``Foreign Service personnel'' by sec. 2202(e) of 
the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2158).
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    (b)\86\ Funds made available for the purposes of this Act 
may be used to pay expenses in connection with travel abroad of 
employees and to the extent otherwise authorized by this Act, 
of volunteers, including travel expenses of dependents 
(including expenses during necessary stopovers while engaged in 
such travel), and transportation of personal effects, household 
goods, and automobiles 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 to and from a 
place of storage, and the cost of storing automobiles of 
employees when it is in the public interest or more economical 
to authorize storage.
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    \86\Sec. 201(16) of the Fiscal Year Transition Act (Public Law 94-
274) provided that the period July 1, 1976 through Sept. 30, 1976 shall 
be treated as a fiscal year for the purposes of sec. 15(b).
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    (c) Funds available under this Act may be used to pay costs 
of training employees employed or assigned pursuant to section 
7(a)(2)\87\ of this Act (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 firms; 
and the provisions of Public Law 84-918 (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. Any\88\ 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 an 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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    \87\Sec. 3(a) of Public Law 80-572 substituted ``7(a)(2)'' for 
``7(c)(2)''.
    \88\Sec. 7 of Public Law 89-134 substituted the word ``Any'' for 
the words ``Such training shall not be considered employment or holding 
of office under section 2 of the Act of July 31, 1894, as amended (5 
U.S.C. 62), and any''.
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    (d) Funds available for the purposes of this Act shall be 
available for--
          (1) rent of buildings and space in buildings in the 
        United States, and for repair, alteration, and 
        improvement of such leased properties;
          (2) expenses of attendance at meetings concerned with 
        the purposes of this Act, including (notwithstanding 
        the provisions of section 9 of Public Law 60-328 (31 
        U.S.C. 673)) expenses in connection with meetings of 
        persons whose employment is authorized by section 13(a) 
        of this Act;
          (3) rental and hire of aircraft;
          (4) 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 abroad 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 applicable cost 
        limitation described in section 636(a)(5) of the 
        Foreign Assistance Act of 1961\89\ in the case of an 
        automobile for any Peace Corps country representative 
        appointed under section 7(c):\90\ Provided further, 
        That the provisions of section 1343 of Title 31, United 
        States Code, shall not apply to the purchase of 
        vehicles for the transportation, maintenance, or direct 
        support of volunteers overseas:\89\ Provided further, 
        That passenger motor vehicles 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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    \89\The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1988 (sec. 101(e) of Public Law 100-202; 101 Stat. 
1329) deleted ``$2,500'', and added the words beginning with ``the 
applicable cost'' and ending in ``Act of 1961'' and the proviso 
regarding section 1343 of Title 31 U.S.C.
    \90\Sec. 3(b) of Public Law 89-572 substituted ``7(c)'' for 
``7(e)''.
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          (5) entertainment (not to exceed $5,000 in any fiscal 
        year) except as may otherwise be provided in any 
        appropriation or other Act;\91\
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    \91\Sec. 211(a) of the Fiscal Year Transition Act (Public Law 94-
274) provided that for the period July 1, 1976 through Sept. 30, 1976 
the limitation on expenditures in secs. 15(d)(5) and 15(d)(7) shall be 
$1,500.
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          (6) exchange of funds without regard to section 3561 
        of the Revised Statutes (31 U.S.C. 543) and loss by 
        exchange;
          (7) expenditures (not to exceed $20,000\92\ in any 
        fiscal year except as may be otherwise provided in 
        appropriation or other Act)\91\ not otherwise 
        authorized by law to meet unforeseen emergencies or 
        contingencies arising in the Peace Corps: Provided, 
        That a certificate of the amount only of each such 
        expenditure and that such expenditure was necessary to 
        meet an unforeseen emergency or contingency, made by 
        the Director of the Peace Corps or his designee, shall 
        be deemed a sufficient voucher for the amount therein 
        specified;
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    \92\This figure was increased from $5,000 to $20,000 by sec. 601(c) 
of the International Security and Development Cooperation Act of 1980 
(Public Law 96-533; 94 Stat. 3155).
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          (8) insurance of official motor vehicles acquired for 
        use abroad;
          (9) rent or lease abroad for not to exceed five years 
        of offices, health facilities, buildings, grounds, and 
        living quarters, 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 its use abroad; and costs of fuel, water, 
        and utilities for such properties;
          (10) expenses of preparing and transporting to their 
        former homes, or with respect to foreign participants 
        engaged in activities under this Act, 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 under this Act;
          (11) use in accordance with authorities of the 
        Foreign Service Act of 1946, as amended (22 U.S.C. 801 
        et seq.)\93\ not otherwise provided for; and
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    \93\This Act was repealed and replaced by the Foreign Service Act 
of 1980 (22 U.S.C. 3901 et seq.).
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          (12) ice and drinking water for use abroad.

SEC. 16.\94\ FOREIGN CURRENCY FLUCTUATIONS ACCOUNT.

    (a) Establishment.--(1) There is established in the 
Treasury of the United States an account to be known as the 
``Foreign Currency Fluctuations, Peace Corps, Account''. The 
account shall be used for the purpose of providing funds to pay 
expenses for operations of the Peace Corps outside the United 
States which, as a result of fluctuations in currency exchange 
rates, exceed the amount appropriated for such expenses.
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    \94\22 U.S.C. 2515. Sec. 2(a) of Public Law 102-565 (106 Stat. 
4265) added sec. 16. Formerly, a sec. 16 relating to appointments of 
persons serving under prior law was repealed by sec. 5(a) of Public Law 
89-572.
    Sec. 2(b) of Public Law 102-565 (106 Stat. 4265) provided that:
    ``(b) Effective Date.--The amendment made by subsection (a) applies 
with respect to each fiscal year after fiscal year 1992.''.
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    (2) Funds in the account may be transferred, upon the 
certification of the Director of the Peace Corps (or the 
Director's designee) that the transfer is necessary for the 
purpose specified in paragraph (1), to the account containing 
funds appropriated for the expenses of the Peace Corps.
    (b) Use of Funds in the Account.--Funds transferred under 
subsection (a) shall be merged with, and be available for the 
same time period, as the appropriation to which they are 
applied. Notwithstanding any provision of law limiting the 
amount of funds the Peace Corps may obligate in any fiscal 
year, such amount shall be increased to the extent necessary to 
reflect fluctuations in exchange rates from those used in 
preparing the budget submission.
    (c) Exchange Rates Applicable to Obligations.--An 
obligation of the Peace Corps payable in the currency of a 
foreign country may be recorded as an obligation based upon 
exchange rates used in preparing a budget submission. A change 
reflecting fluctuations in exchange rates may be recorded as a 
disbursement is made.
    (d) Transfers Back to Account.--Funds transferred from the 
Foreign Currency Fluctuations, Peace Corps, Account may be 
transferred back to that account--
          (1) if the funds are not needed to pay obligations 
        incurred because of fluctuations in currency exchange 
        rates of foreign countries in the appropriation to 
        which the funds were originally transferred; or
          (2) because of subsequent favorable fluctuations in 
        the rates or because other funds are, or become, 
        available to pay such obligations.
    (e) Limitation on Transfers Back.-A transfer of funds back 
to the account under subsection (d) may not be made after the 
end of the fiscal year or other period for which the 
appropriation, to which the funds were originally transferred, 
is available for obligation.
    (f) Transfers to the Account From Regular Appropriations.--
(1) At the end of the fiscal year or other period for which 
appropriations for the expenses of the Peace Corps are made 
available, unobligated balances of such appropriation may be 
transferred into the Foreign Currency Fluctuations, Peace 
Corps, Account, to be merged with, and to be available for the 
same period and purposes as, that account.
    (2) The authority of this subsection shall be exercised 
only to the extent that specific amounts are provided in 
advance in an appropriation Act.
    (g) Authorization of Appropriations.--There are authorized 
to be appropriated to the Foreign Currency Fluctuations, Peace 
Corps, Account for each fiscal year such sums as may be 
necessary to maintain a balance of $5,000,000 in such account 
at the beginning of such fiscal year.
    (h) Reports.--Each year the Director of the Peace Corps 
shall submit to the Committee on Foreign Affairs\95\ and the 
Committee on Appropriations of the House of Representatives, 
and to the Committee on Foreign Relations and the Committee on 
Appropriations of the Senate, a report on funds transferred 
under this section.
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    \95\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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                       USE OF FOREIGN CURRENCIES

    Sec. 17.\96\ Whenever possible, expenditures incurred in 
carrying out functions under this Act shall be paid for in such 
currency of the country or area where the expense is incurred 
as may be available to the United States.
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    \96\22 U.S.C. 2516.
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     ACTIVITIES PROMOTING AMERICANS' UNDERSTANDING OF OTHER PEOPLES

    Sec. 18.\97\ In order to further the goal of the Peace 
Corps, as set forth in section 2 of this Act, relating to the 
promotion of a better understanding of other peoples on the 
part of the American people, the Director, utilizing the 
authorities under section 10(a)(1) and other provisions of law, 
shall, as appropriate, encourage, facilitate, and assist 
activities carried out by former volunteers in furtherance of 
such goal and the efforts of agencies, organizations, and other 
individuals to support or assist in former volunteers' carrying 
out such activities.
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    \97\Sec. 18 was added by the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1988 (Public Law 100-202; 101 
Stat. 1329). The former sec. 18 was repealed by sec. 605(b) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1543). It had stated that the Mutual Defense 
Assistance Control Act of 1951 would apply with respect to functions 
carried out under this Act except in cases where the President 
determined that such application would be detrimental to U.S. 
interests.
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                  EXCLUSIVE RIGHT TO SEAL AND NAME\98\

    Sec. 19.\98\ (a) The President may adopt, alter and use an 
official seal or emblem of the Peace Corps of such design as he 
shall determine which shall be judicially noticed.
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    \98\Sec. 7 of Public Law 88-200 substituted the title ``Exclusive 
Right to Seal and Name'' in lieu of the title ``Seal''; added 
subsection designation ``(a)'' and added subsec. (b).
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    (b)(1) The use of the official seal or emblem and the use 
of the name ``Peace Corps'' shall be restricted exclusively to 
designate programs authorized under this Act.
    (2) Whoever, whether an individual, partnership, 
corporation, or association, uses the seal for which provision 
is made in this section, of any sign, insignia, or symbol in 
colorable imitation thereof, or the words ``Peace Corps'' or 
any combination of these or other words or characters, in 
colorable imitation thereof, other than to designate programs 
authorized under this Act, shall be fined not more than $500 or 
imprisoned not more than six months, or both. A violation of 
this subsection may be enjoined at the suit of the Attorney 
General, United States attorneys, or other persons duly 
authorized to represent the United States.

                      MORATORIUM ON STUDENT LOANS

    Sec. 20.\99\ * * * [Repealed--1966]
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    \99\Sec. 5(a) of Public Law 89-572 repealed former sec. 20 (75 
Stat. 623), which related to the moratorium on student loans. Such 
repeal, by virtue of sec. 5(b) of Public Law 89-572, does not affect 
the amendment of sec. 205 of the National Defense Education Act of 1958 
(20 U.S.C. 425) contained in the former sec. 20.
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               AMENDMENT TO CIVIL SERVICE RETIREMENT ACT

    Sec. 21.\100\ * * * [Repealed--1966]
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    \100\Sec. 5(a) of Public Law 89-572 repealed former sec. 21 (75 
Stat. 623), which related to amendment to the Civil Service Retirement 
Act. Such repeal, by virtue of section 5(b) of Public Law 89-572 does 
not affect the amendment of subsec. (j) of sec. 3 of the Civil Service 
Retirement Act, as amended (5 U.S.C. 8333), contained in the former 
sec. 21.
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                        SECURITY INVESTIGATIONS

    Sec. 22.\101\ All persons employed or assigned to duties 
under this Act shall be investigated to insure that the 
employment or assignment is consistent with the national 
interest in accordance with standards and procedures 
established by the President. If an investigation made pursuant 
to this section develops any data reflecting that the person 
who is the subject of the investigation is of questionable 
loyalty or is a questionable security risk, the investigating 
agency shall refer the matter to the Federal Bureau of 
Investigation for the conduct of a full field investigation. 
The results of that full field investigation shall be furnished 
to the initial investigating agency, and to the agency by which 
the subject person is employed, for information and appropriate 
action. Volunteers shall be deemed employees of the United 
States Government for the purpose of this section.
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    \101\22 U.S.C. 2519.
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              UNIVERSAL MILITARY TRAINING AND SERVICE ACT

    Sec. 23.\102\ Notwithstanding the provisions of any other 
law or regulation, service in the Peace Corps as a volunteer 
shall not in any way exempt such volunteer from the performance 
of any obligations or duties under the provisions of the 
Universal Military Training and Service Act.
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    \102\22 U.S.C. 2520.
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                      FOREIGN LANGUAGE PROFICIENCY

    Sec. 24.\103\ No person shall be assigned to duty as a 
volunteer under this Act in any foreign country or area unless 
at the time of such assignment he possesses such reasonable 
proficiency as his assignment requires in speaking the language 
of the country or area to which he is assigned.
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    \103\22 U.S.C. 2521.
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                        NONPARTISAN APPOINTMENTS

    Sec. 25.\104\ In carrying out this Act, no political test 
or political qualification may be used in--
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    \104\22 U.S.C. 2521a. Sec. 25 was added by sec. 1105(a)(2) of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 276). Sec. 1105(a)(1) of such Act redesignated 
existing secs. 25, 26, and 27 as secs. 26, 27, and 28, respectively.
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          (1) selecting any person for enrollment as a 
        volunteer or for appointment to a position at, or for 
        assignment to (or for employment for assignment to), a 
        duty station located abroad, or
          (2) promoting or taking any other action with respect 
        to any volunteer or any person assigned to such a duty 
        station.

                              DEFINITIONS

    Sec. 26.\104\,\105\ (a) The term ``abroad'' 
means any area outside the United States.
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    \105\22 U.S.C. 2522.
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    (b) The term of ``United States'' means the several 
States\106\ and the District of Columbia.
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    \106\The words ``and territories'' which appeared at this point 
were struck out by sec. 4 of Public Law 89-572.
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    (c) The term ``function'' includes any duty, obligation, 
right, power, authority, responsibility, privilege, discretion, 
activity and program.
    (d) The term ``health care'' includes all appropriate 
examinations, preventive, curative, and restorative health and 
medical care, and supplementary services when necessary.
    (e) For the purposes of this or any other Act, the period 
of any individual's service as a volunteer under this Act shall 
include--
          (i) except for the purposes of section 5(f) of this 
        Act, any period of training under section 8(a) prior to 
        enrollment as a volunteer under this Act; and
          (ii) the period between enrollment as a volunteer and 
        the termination of service as such volunteer by the 
        President or by death or resignation.
    (f) The term ``United States Government agency'' includes 
any department, board, wholly or partly owned corporation, or 
instrumentality, commission, or establishment of the United 
States Government.
    (g) The word ``transportation'' in sections 5(b), 5(m), and 
6(2) includes transportation of not to exceed three hundred 
pounds per person of unaccompanied necessary personal and 
household effects.

                              CONSTRUCTION

    Sec. 27.\104\,\107\ 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 the applicability of such provision to other 
circumstances or persons shall not be affected thereby.
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    \107\22 U.S.C. 2523.
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                             EFFECTIVE DATE

    Sec. 28.\104\,\108\ This Act shall take effect 
on the date of its enactment.
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    \108\22 U.S.C. 2501 note.
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  TITLE II--AMENDMENT OF INTERNAL REVENUE CODE AND SOCIAL SECURITY ACT

                         TAXATION OF ALLOWANCES

    Sec. 201.\109\ * * * [Repealed--1966]
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    \109\Repealed by Public Law 89-572.
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                        SOCIAL SECURITY COVERAGE

    Sec. 202.\109\ * * * [Repealed--1966]

      TITLE III--ENCOURAGEMENT OF VOLUNTARY SERVICE PROGRAMS\110\

    Sec. 301. (a)\111\ The Congress declares that it is the 
policy of the United States and a further purpose of this Act 
(1) to encourage countries and areas to establish programs 
under which their citizens and nationals would volunteer to 
serve in order to help meet the needs of less developed 
countries or areas for trained manpower; (2) to encourage less 
developed countries or areas to establish programs under which 
their citizens and nationals would volunteer to serve in order 
to meet their needs for trained manpower; and (3) to encourage 
the development of, and participation in, international 
voluntary service programs and activities.
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    \110\22 U.S.C. 2501a. Title III was added by sec. 8 of Public Law 
88-200 (77 Stat. 360).
    \111\Sec. 3(1) of Public Law 91-99 substituted this language for 
former subsec. (a), which read as follows: ``(a) The Congress declares 
that it is the policy of the United States and a further purpose of 
this Act to encourage countries and areas to establish programs under 
which their citizens and nationals would volunteer to serve in order to 
help meet the needs of less developed countries or areas for trained 
manpower, and to encourage less developed countries or areas to 
establish programs under which their citizens and nationals would 
volunteer to serve in order to meet their needs for trained 
manpower.''.
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    (b)(1)\112\ Activities carried out by the President in 
furtherance of the purposes of clauses (1) and (2) of 
subsection (a) shall be limited to--
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    \112\Par. (1) was amended and restated by sec. 7 of Public Law 95-
331 (92 Stat. 415). It formerly read as follows:
    ``(1) Activities carried out by the President in furtherance of the 
purposes of clauses (1) and (2) of subsection (a) of this section shall 
be limited to the furnishing of knowledge and skills relating to the 
selection, training, and programing of volunteer manpower. None of the 
funds available for use in the furtherance of such purposes may be 
contributed to any international organization or to any foreign 
government or agency thereof; nor may such funds be used to pay the 
costs of developing or operating volunteer programs of such 
organization, government, or agency, or to pay any other costs of such 
organization, government, or agency.''.
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          (A) furnishing technical assistance, materials, 
        tools, supplies, and training appropriate to the 
        support of volunteer programs in such countries or 
        areas; and
          (B) conducting demonstration projects in such 
        countries or areas.
None of the funds made available to carry out the purposes of 
clauses (1) and (2) of subsection (a) may be used to pay the 
administrative costs of any program or project, other than a 
demonstration project, or to assist any program or project of a 
paramilitary or military nature. Funds allocated for activities 
set forth in this paragraph should be kept to a minimum so that 
such allocation will not be detrimental to other Peace Corps 
programs and activities.
    (2)\113\ Not more than 2 per centum of the amount 
appropriated to the Peace Corps for a fiscal year may be used 
in such fiscal year\114\,\115\ to carry out the 
provisions of clause (3) of subsection (a) of this section. 
Such funds may be contributed to educational institutions, 
private voluntary organizations, international organizations, 
and foreign governments or agencies thereof, to pay a fair and 
proportionate share of the costs of encouraging the development 
of, and participation in, international voluntary programs and 
activities.
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    \113\Sec. 402 of Public Law 92-352 substituted this language for 
former subsec. (b)(2).
    \114\The 2 per centum appropriation limitation was substituted in 
lieu of a limitation of $350,000 in any fiscal year by sec. 8 of Public 
Law 95-331 (92 Stat. 416). Sec. 8 further provided that this amendment 
would become effective on Oct. 1, 1978.
    \115\Sec. 112(b) of the Fiscal Year Transition Act (Public Law 94-
274) provided that for the period July 1, 1976 through Sept. 30, 1976, 
the limitation on expenditures in sec. 301(b)(2) shall be $100,000.
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    (c) Such activities shall not compromise the national 
character of the Peace Corps.
      2. Establishment of the Peace Corps as an Independent Agency

     Partial text of Public Law 97-113 [International Security and 
 Development Cooperation Act of 1981; S. 1196], 95 Stat. 1519 at 1540, 
                       approved December 29, 1981

                             * * * * * * *

                         TITLE VI--PEACE CORPS

                 establishment as an independent agency

    Sec. 601. (a)\1\ * * *
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    \1\Subsec. (a) added a new sec. 2A to the Peace Corps Act 
establishing the Peace Corps as an independent agency.
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    (b)\2\ There are transferred to the Director of the Peace 
Corps all functions relating to the Peace Corps which were 
vested in the Director of the ACTION Agency on the day before 
the date of the enactment of this Act.
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    \2\22 U.S.C. 2501-1 note.
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    (c)(1)\2\ All personnel, assets, liabilities, contracts, 
property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds as are determined 
by the Director of the Office of Management and Budget, after 
consultation with the Comptroller General of the United States, 
the Director of the Peace Corps, and the Director of the ACTION 
Agency, to be employed, held, used, or assumed primarily in 
connection with any function relating to the Peace Corps before 
the date of the enactment of this Act are transferred to the 
Peace Corps. The transfer of unexpended balances pursuant to 
the preceding sentence shall be subject to section 202 of the 
Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c).
    (2)(A) The transfer pursuant to this subsection of full-
time personnel (except special Government employees) and part-
time personnel holding permanent positions shall not cause any 
employee to be separated or reduced in rank, class, grade, or 
compensation, or otherwise suffer a loss of employment benefits 
for one year after--
          (i) the date on which the Director of the Office of 
        Management and Budget submits the report required by 
        subsection (f)(1) of this section, or
          (ii) the effective date of the transfer of such 
        employee,
whichever occurs later.
    (B) The personnel transferred pursuant to this subsection 
shall, to the maximum extent feasible, be assigned to such 
related functions and organizational units in the Peace Corps 
as such personnel were assigned to immediately before the date 
of the enactment of this Act.
    (C) Collective-bargaining agreements in effect on the date 
of the enactment of this Act covering personnel transferred 
pursuant to this subsection or employed on such date of 
enactment by the Peace Corps shall continue to be recognized by 
the Peace Corps until the termination date of such agreements 
or until such agreements are modified in accordance with 
applicable procedures.
    (3) Under such regulations as the President may prescribe, 
each person who, immediately before the date of the enactment 
of this Act, does not hold an appointment under section 7(a)(2) 
of the Peace Corps Act and who is determined under paragraph 
(1) of this subsection to be employed primarily in connection 
with any function relating to the Peace Corps shall, effective 
on the date of the enactment of this Act, and notwithstanding 
subparagraph (B) of section 7(a)(2) of the Peace Corps Act, be 
appointed a member of the Foreign Service under section 7(a)(2) 
of the Peace Corps Act, and be appointed or assigned to an 
appropriate class of the Foreign Service, except that--
          (A) any person who, immediately before such date of 
        enactment, holds a career or career-conditional 
        appointment shall not, without the consent of such 
        person, be so appointed until three years after such 
        date of enactment, during which period any such person 
        not consenting to be so appointed may continue to hold 
        such career or career-conditional appointment; and
          (B) each person so appointed who, immediately before 
        such date of enactment, held a career or career-
        conditional appointment at grade GS-8 or lower of the 
        General Schedule established by section 5332 of title 
        5, United States Code, shall be appointed a member of 
        the Foreign Service for the duration of operations 
        under the Peace Corps Act.
Each person appointed under this paragraph shall receive basic 
compensation at the rate of such person's class determined by 
the President to be appropriate, except that the rate of basic 
compensation received by such person immediately before the 
effective date of such person's appointment under this 
paragraph shall not be reduced as a result of the provisions of 
this paragraph.
    (d)(1)\3\ * * *
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    \3\Subsec. (d)(1) amended sec. 4(b) of the Peace Corps Act.
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    (2)\4\ The Director of the Peace Corps shall continue to 
exercise all the functions under the Peace Corps Act or any 
other law or authority which the Director was performing on 
December 14, 1981.
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    \4\22 U.S.C. 2503 note.
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    (e)(1)\5\ * * *
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    \5\Subsec. (e)(1) amended sec. 3 of the Peace Corps Act.
---------------------------------------------------------------------------
    (2)\6\ The amendment made by paragraph (1) of this 
subsection shall not alter or affect (A) the validity of any 
action taken before the date of the enactment of this Act under 
those provisions of law repealed by that amendment, or (B) the 
liability of any person for any payment described in section 
3(f) of the Peace Corps Act as in effect immediately before the 
date of the enactment of this Act.
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    \6\22 U.S.C. 2502 note. Paragraph (1) of subsec. (e) amended sec. 3 
of the Peace Corps Act by repealing existing subsecs. (d), (e), and 
(f). See footnote 11, page 1101, for discussion of the subject matter 
of these repealed provisions.
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    (f)(1) Not later than the thirtieth day after the date of 
the enactment of this Act, or February 15, 1982, whichever 
occurs later, the Director of the Office of Management and 
Budget, after consultation with the Director of the Peace Corps 
and the Director of the ACTION Agency, shall submit to the 
appropriate committees of the Congress and to the Comptroller 
General a report on the steps taken to implement the provisions 
of this title, including descriptions of the dispositions of 
administrative matters, including matters relating to 
personnel, assets, liabilities, contracts, property, records, 
and unexpended balances or appropriations, authorizations, 
allocations, and other funds employed, used, held, available, 
or to be made available in connection with functions or 
activities relating to the Peace Corps.
    (2) Not later than the forty-fifth day after the date of 
the enactment of this Act, or March 1, 1982, whichever occurs 
later, the Comptroller General shall submit to the appropriate 
committees of the Congress a report stating whether, in the 
judgment of the Comptroller General, determinations made by the 
Director of the Office of Management and Budget under 
subsection (c)(1) of this section were equitable.
    (g)\2\ References in any statute, reorganization plan, 
Executive order, regulation, or other official document or 
proceeding to the ACTION Agency or the Director of the ACTION 
Agency with respect to functions or activities relating to the 
Peace Corps shall be deemed to refer to the Peace Corps or the 
Director of the Peace Corps, respectively.
                         * * * * * * *

 restoration of certain authorities formerly contained in the foreign 
                              service act

    Sec. 604.\7\ (a) * * *
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    \7\Subsec. (a) amended sec. 10 of the Peace Corps Act by adding new 
subsecs. (i) and (j).
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    (b) * * *
    (c)\8\ To the extent that the authorities provided by the 
amendments made by subsection (a) are authorities which are not 
applicable with respect to the Peace Corps immediately before 
the enactment of this Act and which require the expenditure of 
funds, those authorities may not be exercised using any funds 
appropriated after February 15, 1981, and before the date of 
enactment of this Act.
---------------------------------------------------------------------------
    \8\22 U.S.C. 2509 note.
---------------------------------------------------------------------------
                          * * * * * * *
                     3. Peace Corps Reauthorization

        a. Peace Corps Authorization--Fiscal Years 1994 and 1995

  Partial text of Public Law 103-236 [Foreign Relations Authorization 
 Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved 
                             April 30, 1994

  AN ACT to authorize appropriations for the Department of State, the 
 United States Information Agency, and related agencies, and for other 
                               purposes.

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

                         TITLE VI--PEACE CORPS

SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized 
to be appropriated $219,745,000 for the fiscal year 1994 and 
$234,745,000 for the fiscal year 1995 to carry out the Peace 
Corps Act.
    (b) Availability of Funds.--Funds made available to the 
Peace Corps pursuant to the authorization under subsection (a) 
shall be available for the fiscal year for which appropriated 
and the subsequent year.

SEC. 602. AMENDMENTS TO THE PEACE CORPS ACT. * * *
             b. Peace Corps Authorization--Fiscal Year 1993

Partial text of Public Law 102-565 [S. 3309], 106 Stat. 4265, approved 
                            October 28, 1992

AN ACT To amend the Peace Corps Act to authorize appropriations for the 
Peace Corps for fiscal year 1993 and to establish a Peace Corps foreign 
         exchange fluctuations account, 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\ AUTHORIZATIONS OF APPROPRIATIONS. * * *
---------------------------------------------------------------------------

    \1\Sec. 1 amended the Peace Corps Act at sec. 3(b) (22 U.S.C. 
2502(b)).
---------------------------------------------------------------------------

SEC. 2. PEACE CORPS FOREIGN CURRENCY FLUCTUATIONS.

    (a)\2\ Establishment of Foreign Currency Fluctuations 
Account.-- * * *
---------------------------------------------------------------------------
    \2\Subsec. (a) added a new sec. 16 to the Peace Corps Act (22 
U.S.C. 2515).
---------------------------------------------------------------------------
    (b)\3\ Effective Date.--The amendment made by subsection 
(a) applies with respect to each fiscal year after fiscal year 
1992.
---------------------------------------------------------------------------
    \3\22 U.S.C. 2515 note.
---------------------------------------------------------------------------

SEC. 3.\4\ EVALUATION OF HEALTH-CARE SERVICES PROVIDED TO PEACE CORPS 
                    VOLUNTEERS.

    (a) In General.--The Director of the Peace Corps shall 
contract with an eligible organization or organizations to 
conduct before January 1, 1997, a total of three evaluations of 
the health-care needs of the Peace Corps volunteers and the 
adequacy of the system through which the Peace Corps provides 
health-care services in meeting those needs.
---------------------------------------------------------------------------
    \4\22 U.S.C. 2504 note.
---------------------------------------------------------------------------
    (b) Requirements of the Evaluations.--Each evaluation shall 
include an assessment of the adequacy of the Peace Corps 
health-care system--
          (1) to provide diagnostic, treatment, and referral 
        services to meet the health-care needs of Peace Corps 
        volunteers, and
          (2) to conduct health examinations of applicants for 
        enrollment as Peace Corps volunteers and to provide 
        immunization and dental care preparatory to service of 
        applicants for enrollment who have accepted an 
        invitation to begin a period of training for service as 
        a Peace Corps volunteer.
    (c) Reports to the Peace Corps.--An organization making an 
evaluation under this section shall submit to the Director of 
the Peace Corps a report containing its findings and 
recommendations not later than May 31, 1993, December 31, 1994, 
and December 31, 1996, as the case may be. Each report shall 
include recommendations regarding appropriate standards and 
procedures for ensuring the furnishing of quality medical care 
and for measuring the quality of care provided to Peace Corps 
volunteers.
    (d) Report to Congress.--Not later than 90 days after 
receipt of a report required by subsection (c), the Director of 
the Peace Corps shall transmit the report, together with the 
Director's comments, to the appropriate congressional 
committees.
    (e) Definitions.--For purposes of this section--
          (1) the term ``appropriate congressional committees'' 
        means the Committee on Foreign Relations and the 
        Committee on Appropriations of the Senate and the 
        Committee on Foreign Affairs\5\ and the Committee on 
        Appropriations of the House of Representatives; and
---------------------------------------------------------------------------
    \5\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 term ``eligible organization'' means an 
        independent health-care accreditation organization or 
        other independent organization with expertise in 
        evaluating health-care systems similar to that of the 
        Peace Corps.

SEC. 4. REPORTING REQUIREMENT ON EMPLOYMENT-RELATED MATTERS.

    (a) In General.--Not later than May 31, 1992, the Director 
of the Peace Corps and the Secretary of Labor shall jointly 
submit to the appropriate congressional committees a report 
which describes--
          (1) the information provided by the Peace Corps to 
        its volunteers and to applicants for volunteer service 
        in the Peace Corps regarding the benefits and services 
        to which Peace Corps volunteers or trainees may be 
        entitled or for which they may be eligible in the event 
        that they sustain injuries or become disabled during 
        their service, or their training for service, with the 
        Peace Corps;
          (2) the efforts by the Peace Corps and the Department 
        of Labor to coordinate the provision of such 
        information to Peace Corps volunteer-applicants and 
        volunteers and the processing of claims by Peace Corps 
        volunteers under the Federal Employees Compensation Act 
        (FECA);
          (3) the number of Peace Corps volunteers and 
        volunteer-applicants who have filed claims under the 
        Federal Employees Compensation Act (FECA) and the 
        percentage of the claims that have been approved; and
          (4) the timeliness of approvals or denials of claims 
        of Peace Corps volunteers and volunteer-applicants 
        under the Federal Employees Compensation Act (FECA).
    (b) Recommendations.-- The report required by subsection 
(a) shall also include such recommendations as the Director of 
the Peace Corps and the Secretary of Labor may determine 
necessary to facilitate the filing and processing of claims by 
Peace Corps volunteers regarding the benefits described in that 
subsection.
    (c) Definitions.--For purposes of this section--
          (1) the term ``appropriate congressional committees'' 
        means the Committee on Foreign Relations and the 
        Committee on Appropriations of the Senate and the 
        Committee on Foreign Affairs\5\ and the Committee on 
        Appropriations of the House of Representatives; and
          (2) the term ``Federal Employees Compensation Act 
        (FECA)'' means chapter 81 of title 5, United States 
        Code.

SEC. 5. PEACE CORPS PROGRAMS IN THE FORMER SOVIET UNION.

    (a) Availability of Funds.--Up to $6,000,000 of the funds 
made available to carry out the Peace Corps Act for fiscal year 
1993 shall be made available for establishing Small Business 
Development Programs in the independent states of the former 
Soviet Union. The programs shall include the promotion of local 
economic development by providing technical assistance and 
training in municipal restructuring and financing, 
privatization, valuation of state-owned enterprises, the 
development and promotion of business associations, and the 
identification of investment opportunities and requirements.
    (b) Definition.--For purposes of this section, the term 
``independent states of the former Soviet Union'' means the 
following (which formerly were part of the Soviet Union): 
Armenia, Azerbaijan, Byelarus, Georgia, Kazakhstan, Kyrgyzstan, 
Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and 
Uzbekistan.
      c. Peace Corps Authorization for Fiscal Years 1986 and 1987

    Partial text of Public Law 99-83 [S. 960], 99 Stat. 190 at 272, 
                        approved August 8, 1985

 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,
                          * * * * * * *

                         TITLE XI--PEACE CORPS

SEC. 1101.\1\ AUTHORIZATION OF APPROPRIATIONS. * * *
---------------------------------------------------------------------------

    \1\Sec. 1101 amended sec. 3(b) of the Peace Corps Act (22 U.S.C. 
2502) to establish funding levels for fiscal years 1986 and 1987.
---------------------------------------------------------------------------

SEC. 1102.\2\ NUMBER OF PEACE CORPS VOLUNTEERS. * * *
---------------------------------------------------------------------------

    \2\Sec. 1102 amended secs. 2 and 11 of the Peace Corps Act (22 
U.S.C. 2501 and 2510, respectively).
---------------------------------------------------------------------------

SEC. 1103. LIMITATION ON LENGTH OF PEACE CORPS EMPLOYMENT

    (a) * * *
    (b)\3\ Reports to Congress.--The Director of the Peace 
Corps shall, not later than January 1, 1986, submit to the 
Committee on Foreign Relations of the Senate and the Committee 
on Foreign Affairs\4\ of the House of Representatives a report 
describing the criteria to be applied by the Director in 
exercising the authority provided by the amendments made by 
subsection (a) to make appointments or assignments of 
individuals for periods of more than five years. Not later than 
each January 1 thereafter, the Director shall submit to the 
Committees referred to in the preceding sentence a report on--
---------------------------------------------------------------------------
    \3\22 U.S.C. 2506 note.
    \4\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.
---------------------------------------------------------------------------
          (1) the exercise of such authority during the 
        preceding fiscal year for each of the purposes 
        specified in paragraph (5) of section 7(a) of the Peace 
        Corps Act, as added by subsection (a) of this section; 
        and
          (2) the exercise during that fiscal year of the 
        authority under paragraph (6) of such section 7(a), as 
        added by subsection (a) of this section.

SEC. 1104. PEACE CORPS NATIONAL ADVISORY COUNCIL.

    (a) * * *
    (b)\5\ Termination of Similar Advisory Body.--Any advisory 
body carrying out functions similar to those assigned to the 
Peace Corps National Advisory Council provided for in 
subsection (a) shall cease to exist sixty days after the date 
of the enactment of this Act.
---------------------------------------------------------------------------
    \5\22 U.S.C. 2511 note.
---------------------------------------------------------------------------
          * * * * * * *
      4. Independent Implementing Provisions of Public Law 89-134

  Partial text of Public Law 89-134 [S. 2045], 79 Stat. 549, approved 
                            August 24, 1965

          * * * * * * *
_______________________________________________________________________


          The new Peace Corps personnel system provided for in 
        section 7 of the Peace Corps Act, as amended by section 
        4 of Public Law 89-134 and section 302 of Public Law 
        96-53, is to be implemented according to section 5 of 
        Public Law 89-134 which is set forth below.
_______________________________________________________________________

          * * * * * * *

    Sec. 5.\1\ (a) Section 4 of this Act shall not become 
effective until the first day of the fourth pay period which 
begins after the date this Act becomes law.
---------------------------------------------------------------------------
    \1\22 U.S.C. 2506 note.
---------------------------------------------------------------------------
    (b) Under such regulations as the President may prescribe, 
each person employed under authorities repealed by section 4(a) 
of this Act immediately prior to the effective date of that 
section shall effective on that date be appointed a Foreign 
Service Reserve officer or Foreign Service staff officer or 
employee under the authority of section 7(a)(2) of the Peace 
Corps Act, as amended, and appointed or assigned to an 
appropriate class thereof; except that--
          (1) no person who holds a career or career-
        conditional appointment immediately prior to the 
        effective date of section 4(a) of this Act shall, 
        without his consent, be so appointed until three years 
        after such effective date; and
          (2) each person so appointed who, immediately prior 
        to the effective date of section 4(a) of this Act, held 
        a career or career-conditional appointment at grade 8 
        or below of the General Schedule established by the 
        Classification Act of 1949, as amended, shall receive 
        an appointment for the duration of operations under the 
        Peace Corps Act, as amended.
Each person appointed under this subsection shall receive basic 
compensation at the rate of his class determined by the 
President to be appropriate, but the rate of basic compensation 
received by such person immediately prior to the effective date 
of his appointment under this subsection shall not be reduced 
by the provisions of this subsection.
                             * * * * * * *

                 5. Higher Education Amendments of 1986

 Partial text of Public Law 99-498 [S. 1965], 100 Stat. 1268, approved 
   October 17, 1986; amended by Public Law 102-325 [Higher Education 
 Amendments of 1992; S. 1150], 106 Stat. 448, approved July 23, 1992\1\


                              * * * * * * *

   Sec. 465.\2\ (a) Cancellation of Percentage of Debt Based 
on Years of Qualifying Service.--(1) The percent specified in 
paragraphs (3) of this subsection of the total amount of any 
loan made after June 30, 1972, from a student loan fund 
assisted under this part shall be canceled for each complete 
year of service after such date by the borrower under 
circumstances described in paragraph (2).
---------------------------------------------------------------------------
    \1\Public Law 102-325 amended and restated sec. 464 (20 U.S.C. 
1087dd), eliminating the terms and conditions for deferring the 
repayment of student loans for Peace Corps volunteers.
    \2\20 U.S.C. 1087ee.
---------------------------------------------------------------------------
    (2) Loans shall be canceled under paragraph (1) for 
service--
          * * * * * * *
          (E)\3\ as a volunteer under the Peace Corps Act or a 
        volunteer under the Domestic Volunteer Service Act of 
        1973;
---------------------------------------------------------------------------
    \3\22 U.S.C. 2501 note.
---------------------------------------------------------------------------
          * * * * * * *
             6. National and Community Service Act of 1990

Partial text of Public Law 101-610 [S. 1430], 104 Stat. 3127, approved 
    November 16, 1990; amended by Public Law 102-384 [National and 
community Service Technical Amendment Act of 1992; S. 3175], 106 Stat. 
1455, approved October 5, 1992; and by Public Law 103-82 [National and 
   Community Service Trust Act of 1993; H.R. 2010],, 107 Stat. 785, 
                      approved September 21, 1993

    AN ACT To enhance national and community service, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
and Community Service Act of 1990''.
---------------------------------------------------------------------------
    \1\42 U.S.C. 12401 note.

---------------------------------------------------------------------------
_______________________________________________________________________


          Note.--Title I, subtitle E, of the National and 
        Community Service Act of 1990, relating to ``Innovative 
        and Demonstration Programs and Projects'', including 
        provisions for training and educational benefits 
        demonstration programs to be carried out under the 
        authority of the Director of the Peace Corps and the 
        Director of ACTION (part III; 42 U.S.C. 12611 et seq.) 
        was repealed by sec. 104(a) of the National and 
        Community Service Trust Act of 1993 (Public Law 103-82; 
        107 Stat. 840).
          Here follow sections of the National and Community 
        Service Act of 1990, as amended, that take into 
        consideration the participation of the Peace Corps, and 
        its returning volunteers, in programs of the 
        Corporation of National and Community Service.

_______________________________________________________________________


          * * * * * * *

             SUBTITLE C--NATIONAL SERVICE TRUST PROGRAM\2\

                 PART I--INVESTMENT IN NATIONAL SERVICE

SEC. 121.\3\ AUTHORITY TO PROVIDE ASSISTANCE AND APPROVED NATIONAL 
                    SERVICE POSITIONS.

    (a) Provision of Assistance.--Subject to the availability 
of appropriations for this purpose, the Corporation for 
National and Community Service\4\ may make grants to States, 
subdivisions of States, Indian tribes, public or private 
nonprofit organizations, and institutions of higher education 
for the purpose of assisting the recipients of the grants--
---------------------------------------------------------------------------
    \2\Added by sec. 101(b) of the National and Community Service Trust 
Act of 1993 (Public Law 103-82; 107 Stat. 788).
    \3\42 U.S.C. 12571.
    \4\The Corporation for National and Community Service, established 
in sec. 191 of this Act, as amended by sec. 202(a) of Public Law 103-82 
(107 Stat. 873). For composition, authorities and functions of the 
Corporation, see 42 U.S.C. 12651, 42 U.S.C. 12651a-h, and notes.
---------------------------------------------------------------------------
          (1) to carry out full- or part-time national service 
        programs, including summer programs, described in 
        section 122(a); and
          (2) to make grants in support of other national 
        service programs described in section 122(a) that are 
        carried out by other entities.
          * * * * * * *

SEC. 122.\5\ TYPES OF NATIONAL SERVICE PROGRAMS ELIGIBLE FOR PROGRAM 
                    ASSISTANCE.

    (a) Eligible National Service Programs.--The recipient of a 
grant under section 121(a) and each Federal agency receiving 
assistance under section 121(b) shall use the assistance, 
directly or through subgrants to other entities, to carry out 
full- or part-time national service programs, including summer 
programs, that address unmet human, educational, environmental, 
or public safety needs. Subject to subsection (b)(1), these 
national service programs may include the following types of 
national service programs:
---------------------------------------------------------------------------
    \5\42 U.S.C. 12572.
---------------------------------------------------------------------------
          (1) A community corps program that meets unmet human, 
        educational, environmental, or public safety needs and 
        promotes greater community unity through the use of 
        organized teams of participants of varied social and 
        economic backgrounds, skill levels, physical and 
        developmental capabilities, ages, ethnic backgrounds, 
        or genders.
          (2) A full-time, year-round youth corps program or 
        full-time summer youth corps program, such as a 
        conservation corps or youth service corps (including 
        youth corps programs under subtitle I, the Public Lands 
        Corps established under the Public Lands Corps Act of 
        1993, the Urban Youth Corps established under section 
        106 of the National and Community Service Trust Act of 
        1993, and other conservation corps or youth service 
        corps that performs service on Federal or other public 
        lands or on Indian lands or Hawaiian home lands), 
        that--
                  (A) undertakes meaningful service projects 
                with visible public benefits, including natural 
                resource, urban renovation, or human services 
                projects;
                  (B) includes as participants youths and young 
                adults between the ages of 16 and 25, 
                inclusive, including out-of-school youths and 
                other disadvantaged youths (such as youths with 
                limited basic skills, youths in foster care who 
                are becoming too old for foster care, youths of 
                limited-English proficiency, homeless youths, 
                and youths who are individuals with 
                disabilities) who are between those ages; and
                  (C) provides those participants who are 
                youths and young adults with--
                          (i) crew-based, highly structured, 
                        and adult-supervised work experience, 
                        life skills, education, career guidance 
                        and counseling, employment training, 
                        and support services; and
                          (ii) the opportunity to develop 
                        citizenship values and skills through 
                        service to their community and the 
                        United States.
          (3) A program that provides specialized training to 
        individuals in service-learning and places the 
        individuals after such training in positions, including 
        positions as service-learning coordinators, to 
        facilitate service-learning in programs eligible for 
        funding under part I of subtitle B.
          (4) A service program that is targeted at specific 
        unmet human, educational, environmental, or public 
        safety needs and that--
                  (A) recruits individuals with special skills 
                or provides specialized preservice training to 
                enable participants to be placed individually 
                or in teams in positions in which the 
                participants can meet such unmet needs; and
                  (B) if consistent with the purposes of the 
                program, brings participants together for 
                additional training and other activities 
                designed to foster civic responsibility, 
                increase the skills of participants, and 
                improve the quality of the service provided.
          (5) An individualized placement program that includes 
        regular group activities, such as leadership training 
        and special service projects.
          (6) A campus-based program that is designed to 
        provide substantial service in a community during the 
        school term and during summer or other vacation periods 
        through the use of--
                  (A) students who are attending an institution 
                of higher education, including students 
                participating in a work-study program assisted 
                under part C of title IV of the Higher 
                Education Act of 1965 (42 U.S.C. 2751 et seq.);
                  (B) teams composed of such students; or
                  (C) teams composed of a combination of such 
                students and community residents.
          (7) A preprofessional training program in which 
        students enrolled in an institution of higher 
        education--
                  (A) receive training in specified fields, 
                which may include classes containing service-
                learning;
                  (B) perform service related to such training 
                outside the classroom during the school term 
                and during summer or other vacation periods; 
                and
                  (C) agree to provide service upon graduation 
                to meet unmet human, educational, 
                environmental, or public safety needs related 
                to such training.
          (8) A professional corps program that recruits and 
        places qualified participants in positions--
                  (A) as teachers, nurses and other health care 
                providers, police officers, early childhood 
                development staff, engineers, or other 
                professionals providing service to meet 
                educational, human, environmental, or public 
                safety needs in communities with an inadequate 
                number of such professionals;
                  (B) that may include a salary in excess of 
                the maximum living allowance authorized in 
                subsection (a)(3) of section 140, as provided 
                in subsection (c) of such section; and
                  (C) that are sponsored by public or private 
                nonprofit employers who agree to pay 100 
                percent of the salaries and benefits (other 
                than any national service educational award 
                under subtitle D) of the participants.
          (9) A program in which economically disadvantaged 
        individuals who are between the ages of 16 and 24 years 
        of age, inclusive, are provided with opportunities to 
        perform service that, while enabling such individuals 
        to obtain the education and employment skills necessary 
        to achieve economic self-sufficiency, will help their 
        communities meet--
                  (A) the housing needs of low-income families 
                and the homeless; and
                  (B) the need for community facilities in low-
                income areas.
          (10) A national service entrepreneur program that 
        identifies, recruits, and trains gifted young adults of 
        all backgrounds and assists them in designing solutions 
        to community problems.
          (11) An intergenerational program that combines 
        students, out-of-school youths, and older adults as 
        participants to provide needed community services, 
        including an intergenerational component for other 
        national service programs described in this subsection.
          (12) A program that is administered by a combination 
        of nonprofit organizations located in a low-income 
        area, provides a broad range of services to residents 
        of such area, is governed by a board composed in 
        significant part of low-income individuals, and is 
        intended to provide opportunities for individuals or 
        teams of individuals to engage in community projects in 
        such area that meet unaddressed community and 
        individual needs, including projects that would--
                  (A) meet the needs of low-income children and 
                youth aged 18 and younger, such as providing 
                after-school ``safe-places'', including 
                schools, with opportunities for learning and 
                recreation; or
                  (B) be directed to other important 
                unaddressed needs in such area.
          (13) A community service program designed to meet the 
        needs of rural communities, using teams or individual 
        placements to address the development needs of rural 
        communities and to combat rural poverty, including 
        health care, education, and job training.
          (14) A program that seeks to eliminate hunger in 
        communities and rural areas through service in 
        projects--
                  (A) involving food banks, food pantries, and 
                nonprofit organizations that provide food 
                during emergencies;
                  (B) involving the gleaning of prepared and 
                unprepared food that would otherwise be 
                discarded as unusable so that the usable 
                portion of such food may be donated to food 
                banks, food pantries, and other nonprofit 
                organizations;
                  (C) seeking to address the long-term causes 
                of hunger through education and the delivery of 
                appropriate services; or
                  (D) providing training in basic health, 
                nutrition, and life skills necessary to 
                alleviate hunger in communities and rural 
                areas.
          (15) Such other national service programs addressing 
        unmet human, educational, environmental, or public 
        safety needs as the Corporation may designate.
          * * * * * * *

                PART III--NATIONAL SERVICE PARTICIPANTS

          * * * * * * *

SEC. 138.\6\ SELECTION OF NATIONAL SERVICE PARTICIPANTS.

    (a)-(c) * * *
---------------------------------------------------------------------------
    \6\42 U.S.C. 12592.
---------------------------------------------------------------------------
    (d) Recruitment and Placement.--The Corporation and each 
State Commission shall establish a system to recruit 
individuals who desire to perform national service and to 
assist the placement of these individuals in approved national 
service positions, which may include positions available under 
titles I and II of the Domestic Volunteer Service Act of 1973 
(42 U.S.C. 4951 et seq.). The Corporation and State Commissions 
shall disseminate information regarding available approved 
national service positions through cooperation with secondary 
schools, institutions of higher education, employment service 
offices, State vocational rehabilitation agencies within the 
meaning of the Rehabilitation Act of 1973 (29 U.S.C. 701 et 
seq.) and other State agencies that primarily serve individuals 
with disabilities, and other appropriate entities, particularly 
those organizations that provide outreach to disadvantaged 
youths and youths who are individuals with disabilities.
    (e) National Leadership Pool.--
          (1) Selection and training.--From among individuals 
        recruited under subsection (d), the Corporation may 
        select individuals with significant leadership 
        potential, as determined by the Corporation, to receive 
        special training to enhance their leadership ability. 
        The leadership training shall be provided by the 
        Corporation directly or through a grant or contract.
          (2) Emphasis on certain individuals.--In selecting 
        individuals to receive leadership training under this 
        subsection, the Corporation shall make special efforts 
        to select individuals who have served--
                  (A) in the Peace Corps;
                  (B) as VISTA volunteers;
                  (C) as participants in national service 
                programs receiving assistance under section 
                121;
                  (D) as participants in programs receiving 
                assistance under subtitle D of the National and 
                Community Service Act of 1990, as in effect on 
                the day before the date of enactment of this 
                subtitle; or
                  (E) as members of the Armed Forces of the 
                United States and who were honorably discharged 
                from such service.
          (3) Assignment.--At the request of a program that 
        receives assistance under the national service laws, 
        the Corporation may assign an individual who receives 
        leadership training under paragraph (1) to work with 
        the program in a leadership position and carry out 
        assignments not otherwise performed by regular 
        participants. An individual assigned to a program shall 
        be considered to be a participant of the program.
    (f) * * *
          * * * * * * *

     SUBTITLE G--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE\7\

SEC. 191.\8\ CORPORATION FOR NATIONAL AND COMMUNITY SERVICE.

    There is established a Corporation for National and 
Community Service that shall administer the programs 
established under this Act. The Corporation shall be a 
Government corporation, as defined in section 103 of title 5, 
United States Code.
---------------------------------------------------------------------------
    \7\Subtitle G was amended and restated by sec. 202(a) of Public Law 
103-82 (107 Stat. 873).
    \8\42 U.S.C. 12651.
---------------------------------------------------------------------------

SEC. 192.\9\ BOARD OF DIRECTORS.

    (a) Composition.--
---------------------------------------------------------------------------
    \9\42 U.S.C. 12651a.
---------------------------------------------------------------------------
          (1) In general.--There shall be in the Corporation a 
        Board of Directors (referred to in this subtitle as the 
        ``Board'') that shall be composed of--
                  (A) 15 members, including an individual 
                between the ages of 16 and 25 who--
                          (i) has served in a school-based or 
                        community-based service-learning 
                        program; or
                          (ii) is or was a participant or a 
                        supervisor in a program;
        to be appointed by the President, by and with the 
        advice and consent of the Senate; and
                  (B) the ex officio nonvoting members 
                described in paragraph (3).
          (2) Qualifications.--To the maximum extent 
        practicable, the President shall appoint members--
                  (A) who have extensive experience in 
                volunteer or service activities, which may 
                include programs funded under one of the 
                national service laws, and in State government;
                  (B) who represent a broad range of 
                viewpoints;
                  (C) who are experts in the delivery of human, 
                educational, environmental, or public safety 
                services;
                  (D) so that the Board shall be diverse 
                according to race, ethnicity, age, gender, and 
                disability characteristics; and
                  (E) so that no more than 50 percent of the 
                appointed members of the Board, plus 1 
                additional appointed member, are from a single 
                political party.
          (3) Ex officio members.--The Secretary of Education, 
        the Secretary of Health and Human Services, the 
        Secretary of Labor, the Secretary of the Interior, the 
        Secretary of Agriculture, the Secretary of Housing and 
        Urban Development, the Secretary of Defense, the 
        Attorney General, the Director of the Peace Corps, the 
        Administrator of the Environmental Protection Agency, 
        and the Chief Executive Officer shall serve as ex 
        officio nonvoting members of the Board.
          * * * * * * *

           SUBTITLE H--INVESTMENT FOR QUALITY AND INNOVATION

SEC. 198.\10\ ADDITIONAL CORPORATION ACTIVITIES TO SUPPORT NATIONAL 
                    SERVICE.

    (a)-(g) * * *
---------------------------------------------------------------------------
    \10\42 U.S.C. 12653. Subtitle H was added by sec. 104(c) of Public 
Law 103-82 (107 Stat. 840).
---------------------------------------------------------------------------
    (h) Peace Corps and VISTA Training.--The Corporation may 
provide training assistance to selected individuals who 
volunteer to serve in the Peace Corps or a program authorized 
under title I of the Domestic Volunteer Service Act of 1973 (42 
U.S.C. 4951 et seq.). The training shall be provided as part of 
the course of study of the individual at an institution of 
higher education, shall involve service-learning, and shall 
cover appropriate skills that the individual will use in the 
Peace Corps or VISTA.
    (i)-(r) * * *
          * * * * * * *

SEC. 198D.\11\ SPECIAL DEMONSTRATION PROJECT.

    (a) Special Demonstration Project for the Yukon-Kuskokwim 
Delta of Alaska.--The President may award grants to, and enter 
into contracts with, organizations to carry out programs that 
address significant human needs in the Yukon-Kuskokwim delta 
region of Alaska.
---------------------------------------------------------------------------
    \11\42 U.S.C. 12653d.
---------------------------------------------------------------------------
    (b) Application.--
          (1) General requirements.--To be eligible to receive 
        a grant or enter into a contract under subsection (a) 
        with respect to a program, an organization shall submit 
        an application to the President at such time, in such 
        manner, and containing such information as the 
        President may require.
          (2) Contents.--The application submitted by the 
        organization shall, at a minimum--
                  (A) include information describing the manner 
                in which the program will utilize VISTA 
                volunteers, individuals who have served in the 
                Peace Corps, and other qualified persons, in 
                partnership with the local nonprofit 
                organizations known as the Yukon-Kuskokwim 
                Health Corporation and the Alaska Village 
                Council Presidents;
                  (B) take into consideration--
                          (i) the primarily noncash economy of 
                        the region; and
                          (ii) the needs and desires of 
                        residents of the local communities in 
                        the region; and
                  (C) include specific strategies, developed in 
                cooperation with the Yupi'k speaking population 
                that resides in such communities, for 
                comprehensive and intensive community 
                development for communities in the Yukon-
                Kuskokwim delta region.
          * * * * * * *
       7. The Peace Corps--Establishment as Agency Within ACTION

  Executive Order 12137, May 16, 1979, 44 F.R. 29023, 22 U.S.C. 2501 
  note; as amended by Executive Order 12245, October 6, 1980, 45 F.R. 
  66769; and by Executive Order 12399, December 31, 1982, 48 F.R. 379

    By virtue of the authority vested in me by the Peace Corps 
Act, as amended (22 U.S.C. 2501-2523) and Section 301 of Title 
3 of the United States Code, and as President of the United 
States of America, it is hereby ordered as follows:

1-1. Peace Corps.

    1-101. The Peace Corps, which was established as an agency 
in the Department of State pursuant to Executive Order No. 
10924 of March 1, 1961 (26 FR 1789), which was continued in 
existence in that Department under the Peace Corps Act (the 
``Act'') pursuant to Section 102 of Executive Order No. 11041 
of August 6, 1962 (27 FR 7859), and which was transferred to 
and continued as a component of ACTION by Executive Order No. 
11603 of June 30, 1971 (36 FR 12675), shall be an agency within 
ACTION pursuant to the provisions of this Order.
    1-102. All references to the ``Director'' in Part 1-1 of 
this Order shall refer to the Director of the Peace Corps for 
whom provision is made in Section 4(a) of the Act (22 U.S.C. 
2503).
    1-103. Exclusive of the functions otherwise delegated by or 
reserved to the President by this Order, and subject to the 
provisions of this Order, there are hereby delegated to the 
Director all functions conferred upon the President by the Act 
and by Section 2(b) of Reorganization Plan No. 1 of 1971.
    1-104. The function of determining the portion of living 
allowances constituting basic compensation, conferred upon the 
President by Section 201(a) of Public Law 87-293 (26 U.S.C. 
912(3)), is hereby delegated to the Director and shall be 
performed in consultation with the Secretary of the Treasury.
    1-105. The functions of prescribing regulations and making 
determinations (relating to appointment of Peace Corps 
employees in the Foreign Service System), conferred upon the 
President by Section 5 of Public Law 89-135 (79 Stat. 551), are 
hereby delegated to the Director.
    1-106. The functions of prescribing conditions, conferred 
upon the President by the second sentence of Section 5(e), as 
amended (22 U.S.C. 2504(e)), and the third proviso of Section 6 
of the Act (22 U.S.C. 2505) (relating to providing health care 
in Government facilities) and hereinabove delegated to the 
Director, shall be exercised in consultation with the head of 
the United States Government agency responsible for the 
facility.
    1-107. The reports required by Section 11 of the Act, as 
amended (22 U.S.C. 2510), shall be prepared by the Director and 
submitted to the Congress through the President.
    1-108. Subject to applicable provisions of law, all funds 
appropriated or otherwise made available to the President for 
carrying out the provisions of the Act shall be deemed to be 
allocated without any further action of the President to the 
Director or to such subordinate officer as the Director may 
designate. The Director or such officer may allocate or 
transfer, as appropriate, any of such funds to any United 
States Government agency or part thereof for obligation or 
expenditures thereby consistent with applicable law.
    1-109. Nothing in this Order shall be deemed to impair or 
limit the powers or functions vested in the Secretary of State 
by the Act.
    1-110. The negotiation, conclusion, and termination of 
international agreements pursuant to the Act shall be under the 
direction of the Secretary of State.
    1-111. Any substantial change in policies in effect on the 
date of this Order for the utilization of the Foreign Service 
Act of 1946, as amended, pursuant to Section 7 of the Act (22 
U.S.C. 2506), shall be coordinated with the Secretary of State.
    1-112. The Director shall consult and coordinate with the 
Director of ACTION to assure that the functions delegated to 
the Director by this Order are carried out consistently with 
the functions conferred upon the Director of ACTION by the 
Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et 
seq.), (``Volunteer Service Act''), Reorganization Plan No. 1 
of 1971 and this Order.

1-2. The Peace Corps Advisory Council.\1\ * * * [Revoked--1982]
---------------------------------------------------------------------------

    \1\Sec. 4(k) of Executive Order 12399 revoked sec. 1-2 which had 
established the Peace Corps Advisory Council.
---------------------------------------------------------------------------

1-3. Reservation of Functions to the President.

    1-301. There are hereby excluded from the delegations made 
by Section 1-1 of this Order the following powers and functions 
of the President:
          (a) All authority conferred by Sections 4(b), 
        4(c)(2), 4(c)(3), 10(d), and 18 of the Act (22 U.S.C. 
        2503(b), (C)(2), (C)(3), 2509(d), and 2517).
          (b) The authority conferred by Section 4(a) of the 
        Act (22 U.S.C. 2503(a)) to appoint the Director and the 
        Deputy Director of the Peace Corps.
          (c) The authority conferred on the President by 
        Section 5(f)(1)(B) of the Act (22 U.S.C. 
        2504(f)(1)(B)).
          (d) The authority conferred by Section 10(f) of the 
        Act (22 U.S.C. 2509(f)) to direct any agency of the 
        United States Government to provide services, 
        facilities, and commodities to officers carrying out 
        functions under the Act.
          (e) The authority conferred by Section 19 of the Act 
        (22 U.S.C. 2518) to adopt and alter an official seal or 
        emblem of the Peace Corps.

1-4. Incidental Provisions.

    1-401. Persons appointed, employed, or assigned under 
Section 7(a) of the Act (22 U.S.C. 2506(a)) shall not, unless 
otherwise agreed by the agency in which such benefits may be 
exercised, be entitled to the benefits provided by Section 528 
of the Foreign Service Act of 1946 (22 U.S.C. 928) in cases in 
which their service under the appointment, employment, or 
assignment exceeds thirty months.
    1-402. Pursuant to Section 10(d) of the Act (22 U.S.C. 
2509(d)), it is hereby determined to be in furtherance of the 
purposes of the Act that functions authorized thereby may be 
performed without regard to the applicable laws specified in 
Sections 1 and 2 of Executive Order No. 11223 of May 12, 1965, 
and with or without consideration as specified in Section 3 of 
that Order, but subject to the limitations set forth in that 
Order.
    1-403. As used in this Order, the words ``Volunteers,'' 
``functions,'' ``United States,'' and ``United States 
Government agency'' shall have the same meanings, respectively, 
as they have under the Act.

1-5. National Voluntary Action Program.

    1-501. The National Voluntary Action Program to encourage 
and stimulate more widespread and effective voluntary action 
for solving public domestic problems, established in the 
Executive Branch of the Government by Section 1 of Executive 
Order No. 11470 of May 26, 1969, is continued in ACTION. That 
program shall supplement corresponding action by private and 
other non-Federal organizations as the National Center for 
Voluntary Action. As used in this Order, the term ``voluntary 
action'' means the contribution or application of 
nongovernmental resources of all kinds (time, money, goods, 
services, and skills) by private and other organizations of all 
types (profit and nonprofit, national and local, occupational, 
and altruistic) and by individual citizens.

1-6. Direction of ACTION.

    1-601. In addition to the functions vested in the Director 
of ACTION by the Domestic Volunteer Service Act of 1973 (42 
U.S.C., Section 4951 et seq.), Reorganization Plan No. 1 of 
1971, and Section 1-401 of this Order, the Director of ACTION 
shall:
          (a) Encourage local, national and international 
        voluntary activities directed toward the solution or 
        mitigation of community problems.
          (b) Provide for the development and operation of a 
        clearinghouse for information on Government programs 
        designed to foster voluntary action.
          (c) Initiate proposals for the greater and more 
        effective application of voluntary action in connection 
        with Federal programs, and coordinate, as consistent 
        with law, Federal activities involving such action.
          (d) Make grants of seed money, as authorized by law, 
        for stimulating the development or deployment of 
        innovative voluntary action programs directed toward 
        community problems.
    1-602. The head of each Federal department and agency, or a 
designated representative, when so requested by the Director of 
ACTION or the Director of the Peace Corps, shall, to the extent 
permitted by law and funds available, furnish information and 
assistance, and participate in all ways appropriate to carry 
out the objectives of this Order, the Domestic Volunteer 
Service Act of 1973 and Reorganization Plan No. 1 of 1971.
    1-603. The head of each Federal department agency shall, 
when so requested by the Director of ACTION, designate a senior 
official to have primary and continuing responsibility for the 
participation and cooperation of that department or agency in 
matters concerning voluntary action.
    1-604. The head of each Federal department or agency, or a 
designated representative, shall keep the Director of ACTION 
informed of proposed budgets, plans, and programs of that 
department or agency affecting voluntary action programs.
    1-605. Under the direction of the President and subject to 
the responsibilities of the Secretary of State, the Director of 
ACTION shall be responsible for the general direction of those 
ACTION functions, which jointly serve ACTION domestic volunteer 
components and the Peace Corps, and for advising the Director 
of the Peace Corps to ensure that the functions delegated under 
this Order to the Director of the Peace Corps are carried out.

1-7. General Provisions.

    1-701. Except to the extent that they may be inconsistent 
with this Order, all determinations, authorizations, 
regulations, rulings, certifications, orders, directives, 
contracts, agreements and other actions made, issued or entered 
into with respect to any function affected by this Order and 
not revoked, superseded, or otherwise made inapplicable before 
the effective date of this Order shall continue in full force 
and effect until amended, modified, or terminated by 
appropriate authority.
    1-702. Except as otherwise expressly provided herein, 
nothing in this Order shall be construed as subjecting any 
department, establishment, or other instrumentality of the 
Executive Branch of the Federal Government or the head thereof, 
or any function vested by law in or assigned pursuant to law to 
any such agency or head, to the authority of any other agency 
or head or as abrogating, modifying, or restricting any such 
function in any manner.
    1-703. So much of the personnel, property, records, and 
unexpended balances or appropriations, allocations, and other 
funds employed, used, held, available, or to be made available 
in connection with the functions assigned to the Director of 
the Peace Corps or to the Director of ACTION by this Order as 
the Director of the Office of Management and Budget shall 
determine, shall be transferred to the Director of the Peace 
Corps or the Director of ACTION at such time or times as the 
Director of the Office of Management and Budget shall direct.
    1-704. To the extent permitted by law, such further 
measures and dispositions as the Director of the Office of 
Management and Budget shall deem to be necessary in order to 
effectuate the provisions of this Order shall be carried out by 
such agencies as the Director of the Office of Management and 
Budget shall specify.
    1-705. The authority conferred by Sections 1-703 and 1-704 
of this Order shall supplement, not limit, the provisions of 
Section 1-108 of this Order.
    1-706. Executive Order Nos. 11041, 11250, 11470 and 11603 
are hereby superseded.
    1-707. This Order shall become effective May 16, 1979.

 8. Providing for the Appointment of Former Peace Corps Volunteers to 
                      the Civilian Career Service

  Executive Order 11103, April 10, 1963, 28 F.R. 3571, 22 U.S.C. 2504 
note; amended by Executive Order 12107, December 28, 1978, 44 F.R. 1055

    By virtue of the authority vested in me by the Civil 
Service Act (22 Stat. 403), and section 1753 of the Revised 
Statutes, and as President of the United States, it is hereby 
ordered as follows:
    Sec. 1. Under such regulations as the Office of Personnel 
Management\1\ may prescribe, the head of any agency in the 
Executive Branch may appoint in the competitive service any 
person who is certified by the Director of the Peace Corps as 
having served satisfactorily as a Volunteer or Volunteer Leader 
under the Peace Corps Act and who passes such examination as 
the Office of Personnel Management\1\ may prescribe. Any person 
so appointed shall, upon completion of the prescribed 
probationary period, acquire a competitive status.
---------------------------------------------------------------------------
    \1\Executive Order 12107 (44 F.R. 1055) struck out ``Civil Service 
Commission'' and inserted in lieu thereof ``Office of Personnel 
Management''.
---------------------------------------------------------------------------
    Sec. 2. The head of any agency in the Executive Branch 
having an established merit system in the excepted service may 
appoint in such service any person who is certified by the 
Director of the Peace Corps as having served satisfactorily as 
a Volunteer or Volunteer Leader under the Peace Corps Act and 
who passes such examination as such agency head may prescribe.
    Sec. 3. Certificates of satisfactory service for the 
purpose of this Order shall be issued only to persons who have 
completed a full term of service (approximately two years) 
under the Peace Corps Act: Provided, That such certificates may 
be issued to persons who have completed a lesser period of 
satisfactory service if, in the judgment of the Director of the 
Peace Corps, (1) their service was of sufficient duration to 
demonstrate their capability to complete satisfactorily a full 
term, and (2) their failure to complete a full term was due to 
circumstances beyond their control.
    Sec. 4. Any appointment under this Order shall be effected 
within a period of one year after completion of the appointee's 
service under the Peace Corps Act: Provided, That such period 
may be extended to not more than three years in the case of 
persons who, following such service, are engaged in military 
service, in the pursuit of studies at a recognized institution 
of higher learning, or in other activities which, in the view 
of the appointing authority, warrant an extension of such 
period.
    Sec. 5. Any law, Executive Order, or regulation which would 
disqualify an applicant for appointment in the competitive 
service or in the excepted service concerned shall also 
disqualify an applicant for appointment under this Order.
=======================================================================


          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                                    International 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

ABM Treaty
 Absence of
  Effect on strategic offensive and 
   defensive programs................... PL 100-180 Sec 233......   829
 Interpretation of
  Effect on Strategic Defense Initiative 
   program.............................. PL 99-661 Sec 217.......   849
 Modifications to
  Treaty making power................... PL 103-337 Sec 232......   551
Act for Reform in Emerging New 
  Democracies and Support and Help for 
  ... Other New Independent State....... PL 103-199..............    38
ACTION
 (see also Foreign Service)
 (see also Peace Corps)
 Interdepartmental cooperation.......... EO 12137 Sec 1-602......  1149
 Transfer of functions to Peace Corps... PL 97-113 Sec 601(b)....  1128
Afghanistan
 Humanitarian assistance................ PL 99-661 Sec 331.......   850
  Sense of Congress..................... PL 98-525 Sec 1542......   892
 Refugees
  Humanitarian assistance............... PL 101-510 Sec 303......   719
                                         PL 101-189 Sec 304......   761
                                         PL 99-145 Sec 305.......   860
Africa
 Conflict resolution capabilities
  Improving............................. PL 103-381 Sec 4-5......   138
  Report to Congress.................... PL 103-381 Sec 9........   139
 Conflicts
  Sense of Congress..................... PL 103-381 Sec 2........   136
 Foreign aid
  Authorization of appropriations, 1985. PL 99-8.................   158
 Refugee assistance..................... PL 99-8 Sec 3...........   158
Africa, Horn of
 Debt relief............................ PL 102-274 Sec 6(d).....   153
 Findings of Congress................... PL 102-274 Sec 2........   147
 Food aid
  PVOs and international organizations.. PL 102-274 Sec 6(a)(2)..   152
                                         PL 102-274 Sec 6(e).....   153
  Targeting............................. PL 102-274 Sec 6........   152
 International relief................... PL 102-274 Sec 4(b).....   150
 Peace and development
  Promotion of.......................... PL 102-274 Sec 5........   151
  U.N. efforts.......................... PL 102-274 Sec 5........   151
 Relief and recovery program
  Report to Congress.................... PL 102-274 Sec 9........   155
 Relief and rehabilitation program...... PL 102-274 Sec 4........   149
Africa, sub-Saharan
 Conflict resolution
  Education and training program........ PL 103-381 Sec 7........   138
 Coordinating Committee for
  Establishment of...................... EO 12599................   161
 Demobilization and training program
  Foreign aid........................... PL 103-381 Sec 6........   138
Africa, sub-Saharan-U.S. relations
 Economic policies
  Coordination of....................... EO 12599................   161
African Conflict Resolution Act......... PL 103-381..............   136
African Famine Relief and Recovery Act 
  of 1985............................... PL 99-8.................   158
Agency for International Development
 (see AID)
Agricultural Act of 1949................ PL 81-439...............   987
Agricultural commodities
 (see also Agricultural commodity sales)
 Barter of.............................. PL 100-418 Sec 4309.....  1033
                                         PL 95-501 Sec 204.......  1052
 Commodity Credit Corporation
  Credit guarantees..................... PL 95-501 Sec 202.......  1047
  Export sales financing................ PL 95-501 Sec 201.......  1045
  Market promotion program.............. PL 95-501 Sec 203.......  1050
 Cuban sugar
  Quota allocation restrictions......... PL 99-198 Sec 902(c)(1).   999
 Developing countries
  Free enterprise....................... PL 99-198 Sec 1110(b)...  1001
 Eggs and egg products
  International trade................... PL 100-418 Sec 4606.....  1039
 Export programs
  Limitations on........................ PL 95-501 Sec 416.......  1064
 Exports
  Commodity Credit Corporation 
   assistance........................... PL 95-501 Sec 603.......  1069
  Cooperator market development program. PL 99-198 Sec 1126......  1009
  Embargo protection.................... PL 95-501 Sec 411.......  1061
  Findings.............................. PL 100-418 Sec 4101.....  1030
  Market development activities 
   authorization........................ PL 100-418 Sec 4215.....  1032
  Policy................................ PL 100-418 Sec 4102.....  1030
  Program controls...................... PL 95-501 Sec 401-404...  1059
  Promotion of.......................... PL 95-501 Sec 103.......  1044
  U.S. maritime industry................ PL 99-198 Sec 1141......  1011
 High-value............................. PL 95-501 Sec 303.......  1058
 Imports
  Consultations with U.S. Trade 
   Representative....................... PL 95-501 Sec 413.......  1063
  Prohibitions on....................... PL 101-624 Sec 1308.....   972
  Studies on............................ PL 100-418 Sec 4501-4509  1034
 International negotiations............. PL 99-198 Sec 1123......  1008
 Poland
  U.S. donations........................ PL 100-418 Sec 2223.....   119
 Recipient countries
  Economic development efforts.......... PL 83-480 Sec 404.......   944
 Sale of
  Establishment of programs............. EO 12752 Sec 1..........  1025
 Trade
  Unfair practices relief............... PL 95-501 Sec 302.......  1058
 Trade agreements with certain countries PL 100-418 Sec 4203.....  1030
 Trade negotiations policy.............. PL 99-198 Sec 1123......  1008
 Transported in U.S. ships.............. 49 Stat 1985 Sec 901b...   321
 Value-added............................ PL 95-501 Sec 303.......  1058
Agricultural commodity sales
 (see also Food aid)
 (see also Food for Peace)
 Administrative provisions.............. PL 83-480 Sec 407.......   947
 Agreements............................. PL 83-480 Sec 404.......   944
 Assistance programs
  Expenditure levels.................... PL 83-480 Sec 206.......   935
 Authorization of appropriations........ PL 83-480 Sec 412.......   951
 Commodities available.................. PL 83-480 Sec 401.......   940
 Commodity Credit Corporation........... PL 83-480 Sec 406.......   946
 Consultation with other exporting 
   nations.............................. PL 97-98 Sec 1206.......  1084
 Cotton sales........................... PL 85-931 Sec 8.........  1020
 Debt forgiveness....................... PL 83-480 Sec 411.......   950
  Presidential determination............ PL 83-480 Sec 411(b)....   951
 Deferral of payments................... PL 83-480 Sec 103(d)....   927
 Defined................................ PL 83-480 Sec 402.......   941
 Developing countries
  Terms and conditions.................. PL 83-480 Sec 103.......   927
 Drug control objectives................ PL 83-480 Sec 414.......   952
 Export assistance...................... PL 98-258 Sec 501.......  1016
 Exports
  Dairy products........................ PL 99-198 Sec 1163......  1012
 Exports prohibited to USSR
  Commodity Credit Corporation purchases PL 96-494 Sec 206.......  1070
  Price supports........................ PL 96-494 Sec 206.......  1070
 Food Aid Consultative Group............ PL 83-480 Sec 205.......   834
 Food for Development Program........... PL 83-480 Sec 301.......   936
  Country eligibility................... PL 83-480 Sec 302.......   937
 Foreign aid programs
  Coordination with..................... PL 83-480 Sec 413.......   952
 Foreign currency uses
  Agricultural development.............. PL 83-480 Sec 104(c)(2).   928
  Agricultural facilities loans......... PL 83-480 Sec 104(c)(4).   929
  Business development loans............ PL 83-480 Sec 104(c)(3).   929
  By PVOs............................... PL 83-480 Sec 203.......   932
  Conditions on......................... PL 83-480 Sec 203.......   932
  Debt payments......................... PL 83-480 Sec 104.......   928
  Fiscal requirements................... PL 83-480 Sec 104(d)....   929
  Private sector trade development...... PL 83-480 Sec 104(c)(6).   929
  Report to Congress.................... PL 81-439 Sec 
                                          416(b)(9)(B)...........   994
  Research.............................. PL 83-480 Sec 104(c)(7).   929
  Trade development..................... PL 83-480 Sec 104(c)(1).   928
  Trade promotions...................... PL 83-480 Sec 104(c)(5).   929
 Foreign self-help measures............. PL 83-480 Sec 404.......   944
 Foreign self-sufficiency............... PL 99-198 Sec 1107......  1000
 General provisions..................... PL 83-480 Sec 403.......   942
 Human rights violations................ PL 83-480 Sec 403(j)....   944
 International agreements
  Congressional consultation............ PL 97-98 Sec 1202.......  1083
 Least developed countries
  Foreign currency accounts............. PL 83-480 Sec 305.......   938
  Foreign currency uses................. PL 83-480 Sec 306.......   938
 Levels of assistance................... PL 83-480 Sec 204.......   933
  Using value-added commodities......... PL 83-480 Sec 204.......   933
 Multi-year agreements
  Conditioned........................... PL 83-480 Sec 404.......   944
 Operation of review.................... PL 95-113 Sec 1210......  1018
 Policy direction....................... PL 83-480 Sec 2.........   924
 Private enterprise..................... PL 83-480 Sec 201.......   930
  Administration........................ PL 83-480 Sec 207.......   935
  Foreign currency uses................. PL 83-480 Sec 203.......   932
  Support for........................... PL 83-480 Sec 202(e)....   931
 Prohibitions........................... PL 83-480 Sec 403(a)....   942
 Publicity of U.S. role................. PL 83-480 Sec 403(f)....   942
 Purpose of............................. PL 83-480 Sec 2.........   924
 Recipient countries
  Disruptive impact on.................. PL 83-480 Sec 403.......   942
 Report to Congress..................... PL 83-480 Sec 407(f)....   949
 Suspension of.......................... PL 96-494 Sec 208.......  1071
 Trade suspension reserve............... PL 96-494 Sec 208.......  1071
 U.N. world food program................ PL 83-480 Sec 202(a)....   930
 Use in obtaining natural resources..... PL 96-494 Sec 210.......  1075
Agricultural Competitiveness and Trade 
  Act of 1988........................... PL 100-418 Sec 4001.....  1028
Agricultural Development and Trade Act 
  of 1990............................... PL 101-624 Sec 1501.....   976
Agricultural Programs Adjustment Act of 
  1984.................................. PL 98-258...............  1016
Agricultural trade
 Emerging markets
  U.S. agricultural expertise........... PL 101-624 Sec 1542.....   976
 Report to Congress..................... PL 101-624 Sec 
                                          1542(e)(2).............   982
 U.S. negotiating objectives............ PL 99-198 Sec 1123......  1008
Agricultural Trade Act of 1978.......... PL 95-501...............  1042
Agricultural Trade and Export Policy 
  Commission Act........................ PL 97-98 Sec 1217.......  1085
Agricultural Trade and Food Aid, Special 
  Assistant for......................... PL 99-198 Sec 1113......  1005
Agricultural Trade Development and 
  Assistance Act of 1954................ PL 83-480...............   923
 Implementation of...................... EO 12752................  1025
Agricultural Trade Suspension Adjustment 
  Act of 1980........................... PL 96-494 Sec 201.......  1070
Agriculture
 Agricultural Trade Act of 1978
  Definitions........................... PL 95-501 Sec 102.......  1042
  Purpose............................... PL 95-501 Sec 101.......  1042
 Agricultural Trade and Export Policy, 
   National Commission on............... PL 97-98 Sec 1219.......  1086
 Appropriations, 1998
  Obligation limits..................... PL 105-86 Title VII.....   997
 Center for North American Studies...... PL 102-532 Sec 4........   206
 Developmental assistance to foreign 
   countries............................ PL 101-624 Sec 1543.....   983
 Exports
  Foreign exchange risks................ PL 99-198 Sec 1134......  1010
 Imports
  Pesticide information................. PL 100-418 Sec 4701.....  1094
 Trade consultations with other 
   countries............................ PL 99-198 Sec 1123......  1008
Agriculture and Food Act of 1981........ PL 97-98................  1083
Agriculture, Department of
 Administrator of the Foreign 
   Agricultural Service................. PL 95-501 Sec 502.......  1066
 Dairy products
  Using funds of Commodity Credit 
   Corporation.......................... PL 83-480 Note..........   965
 International activities............... PL 101-624 Sec 1613.....   974
 Under Secretary for International 
   Affairs and Commodity Programs....... PL 95-501 Sec 501.......  1066
Agriculture, Rural Development, ... and 
  Related Agencies Appropriations Act, 
  1998.................................. PL 105-86...............   996
Agriculture, Secretary of
 (see also Agricultural commodity sales)
 Agricultural commodity sales........... PL 83-480 Sec 103.......   927
 Importing agricultural commodities
  Trade consultations................... PL 95-501 Sec 414.......  1063
 Trade strategy development............. PL 95-501 Sec 103.......  1044
AID
 Continuation within IDCA............... EO 12163 Sec 1-103......   332
 Transfer of functions to OPIC.......... EO 11579 Sec 4..........   361
Aircraft
 B-1B bomber program
  Sense of Congress..................... PL 99-145 Sec 1425......   871
 F-22 advanced tactical fighter
  Sale to foreign governments........... PL 105-56 Sec 8118......   490
 OA-37 Dragonfly
  Foreign military sales................ PL 98-525 Sec 113.......   879
 Strategic bomber programs
  Sense of Congress..................... PL 99-145 Sec 1425......   871
Ambassadors
 (see also Foreign ministers)
American Aid to Poland Act of 1988...... PL 100-418 Sec 2221.....   119
Anglo-Irish Agreement
 International Fund
  U.S. contributions to................. PL 99-415 Sec 3.........   262
 U.S. contributions in support of
  Conditions and understandings......... PL 99-415 Sec 5.........   263
  Report to Congress.................... PL 99-415 Sec 6.........   264
Anglo-Irish Agreement Support Act of 
  1986.................................. PL 99-415...............   262
Angola-U.S. relations
 Oil products
  Purchase prohibition.................. PL 99-661 Sec 316.......   850
 Petroleum products
  Presidential certification............ PL 102-484 Sec 842......   630
Anti-Drug Abuse Act of 1986............. PL 99-570...............   290
Anti-Drug Abuse Act of 1988............. PL 100-690..............   287
Anti-satellite weapons
 Miniature homing vehicle (MHV)
  Presidential determination............ PL 98-94 Sec 1235.......   901
 Program cancellation................... PL 100-456 Sec 216......   796
 Testing
  Moratorium on......................... PL 100-180 Sec 208......   822
  Policy on............................. PL 98-94 Sec 1235.......   901
Apartheid
 Comprehensive Anti-Apartheid Act of 
   1986
  Measures repealed..................... PL 103-149 Sec 4........   142
Appropriations
 Authorization of
  Transfer authority.................... PL 102-25 Sec 103.......    14
 Military
  Funds transfer limitations............ 10 USC 2214.............   394
 Working capital funds
  Transfer limitations.................. 10 USC 2214.............   394
Arab-Israeli conflict
 (see Middle East)
Arab-U.S. relations
 Israel boycott
  Defense Department contracts.......... 10 USC 2410i............   424
Armed forces
 (see Military)
Arms control
 Agreements
  Verification of....................... PL 101-510 Sec 3151.....   752
                                         PL 101-189 Sec 903......   767
 Exports
  Technology control.................... PL 101-510 Sec 1701.....   742
 Former Soviet Union.................... PL 102-511 Sec 501......    58
  Foreign aid eligibility............... PL 102-511 Sec 502......    58
  Nonproliferation and disarmament fund. PL 102-511 Sec 504......    60
 International activities
  Support for........................... PL 102-511 Sec 509......    64
 Iran-Iraq
  U.S. policy........................... PL 102-484 Sec 1602.....     5
 Land mines
  Export controls....................... PL 103-160 Sec 1423.....   605
                                         PL 102-484 Sec 1365.....   647
 Missile technology
  Multilateral export controls.......... PL 101-510 Sec 1701.....   742
Arms Export Control Act
 Cooperative projects................... 10 USC 2350b............   410
Arms export controls
 Administration of...................... EO 11958................   357
 Anti-personnel land mines.............. PL 103-160 Sec 1423.....   605
Arms exports (U.S.)
 Dual-use technologies
  Report to Congress.................... PL 103-160 Sec 1422.....   604
 Notice to Congress
  Conditions for........................ PL 80-253 Sec 505.......   309
Arms sales (U.S.)
 Administration of...................... EO 11958................   357
 Decrement stock........................ 10 USC 2390.............   424
 Defense articles
  Export loan guarantees................ PL 103-160 Sec 1186.....   595
 Impact on U.S. industrial base......... PL 98-525 Sec 1522......   889
 Missiles and missile technology
  U.S. policy on........................ PL 101-510 Sec 1701.....   742
 OA-37 Dragonf
  Sense of Congress..................... PL 98-525 Sec 113.......   879
 Prohibition on certain articles........ 10 USC 2390.............   424
 Turkey................................. PL 94-104 Sec 2.........   299
Arms sales
 Certain persons economic sanctions 
   against.............................. PL 102-484 Sec 1604.....     6
 Foreign countries
  Economic sanctions against............ PL 102-484 Sec 1605.....     6
 Iraq
  Report to Congress.................... PL 102-484 Sec 1607.....     7
 Offset policy
  Technology transfer conditions........ PL 100-456 Sec 825......   800
Army
 Industrial facilities
  Sales outside DOD..................... 10 USC 4543.............   439
Asia-Pacific area
 U.S. Armed Forces in
  Findings of Congress.................. PL 105-85 Sec 1225......   472
Asia-U.S. relations
 Regional security
  Findings of Congress.................. PL 102-190 Sec 1043.....   690
Asian Development Bank
 (see ADB)
AWACS
 NATO
  Authority of Secretary of Defense..... 10 USC 2350e............   415
Azerbaijan
 Foreign aid
  Restrictions on....................... PL 102-511 Sec 907......    71

                                   B

Balance of payments
 Reserved foreign currencies available.. 31 USC 5303.............   318
Balanced Budget and Emergency Deficit 
  Control Act of 1985
 Amendments to.......................... PL 101-508 Part I.......    36
Ballistic Missile Defense Act of 1995... PL 104-106 Sec 231......   523
Ballistic Missile Defense Organization
 Authorization of appropriations........ PL 104-201 Sec 241......   499
Baltic States
 Nonlethal defense articles
  Eligibility for....................... PL 102-511 Sec 906......    71
Bangladesh Disaster Assistance Act of 
  1988.................................. PL 100-576..............   311
Banks
 (see also ADB)
 (see also IADB)
 (see also MDBs)
 (see also World Bank)
Berlin
 (see also Germany-U.S. relations)
Bermuda-U.S. relations
 Armed Forces in
  Environmental effects................. PL 105-85 Sec 346.......   449
BIGEYE binary chemical bomb
 Production of.......................... PL 100-456 Sec 116......   794
 Production restrictions................ PL 99-145 Sec 1411(d)...   863
Binary chemical munitions
 Prohibition on procurement............. PL 98-525 Sec 111.......   879
Biological Defense Research Program
 Authorization of appropriations, FY 
   1992................................. PL 102-190 Sec 251......   683
 Authorization of appropriations, FY 
   1993................................. PL 102-484 Sec 241......   627
 Medical countermeasures................ 10 USC 2370a............   423
Biological warfare
 Medical countermeasures
  Authorization of appropriations, FY 
   1992................................. PL 102-190 Sec 251......   683
  Authorization of appropriations, FY 
   1993................................. PL 102-484 Sec 241......   627
Biological weapons
 Biological Defense Research Program
  Report to Congress.................... PL 101-189 Sec 242......   760
 Countries developing
  Identifying........................... PL 104-106 Sec 1323(c)..   537
 Illegal importation prevention
  Presidential certification............ PL 104-201 Sec 229......   498
 National emergency
  Secretary of Defense.................. 10 USC 382..............   382
 Technology transfer
  Report to Congress.................... PL 102-190 Sec 1097.....   704
Boost Surveillance and Tracking System
 Development of
  Prohibition on........................ PL 101-510 Sec 224......   716
Bosnia
 Defense Department activities expenses
  Report to Congress.................... PL 105-18 Sec 105.......   494
Bosnia and Herzegovina
 Covered U.S. forces
  Report to Congress.................... PL 105-85 Sec 1204......   463
 Political and military situation
  Report to Congress.................... PL 105-85 Sec 1205......   464
 Sense of Congress...................... PL 104-201 Sec 1083.....   513
 U.S. Armed Forces in
  Definitions........................... PL 105-85 Sec 1206......   464
  Findings of Congress.................. PL 105-85 Sec 1201......   460
  Presidential certification............ PL 105-56 Sec 8132......   492
 U.S. ground combat forces
  Withdrawal of......................... PL 105-85 Sec 1203......   462
Bosnia-Hercegovina
 Arms embargo
  International policy on............... PL 103-337 Sec 1404(e)..   575
  Sense of Congress..................... PL 103-337 Sec 1404.....   573
  U.S. Policy on........................ PL 103-337 Sec 1404(d)..   574
 Conflict
  Sense of Congress..................... PL 103-337 Sec 1404.....   573
 Peacekeeping deployment
  Report to Congress.................... PL 103-337 Sec 1402.....   572
Bottom-up-Review
 Korean peninsula
  Military planning..................... PL 103-337 Sec 1323.....   568
Boycotts (foreign)
 Against U.S. allies
  U.S. policy on........................ PL 102-190 Sec 1075.....   699
 Secondary Arab boycott of Israel....... 10 USC 2410i............   424
Brooke-Alexander Amendment
 Waiver of.............................. PL 102-274 Sec 7(b).....   154
                                         PL 101-623 Sec 4(d).....   272
                                         PL 101-231 Sec 6........   281
Budget Enforcement Act of 1990
 Balanced Budget and Emergency Deficit 
   Control Act of 1985
  Amending.............................. PL 101-508 Sec 13001....    36
Bumpers Amendment
 Waiver of.............................. PL 101-231 Sec 14.......   285
Burden sharing
 Allied countries
  Efforts to increase................... PL 105-85 Sec 1221......   468
                                         PL 104-201 Sec 1084.....   514
  Persian Gulf conflict................. PL 102-20 Sec 6.........    25
  Reports to Congress................... PL 105-85 Sec 1221......   468
  Sense of Congress..................... PL 101-510 Sec 1455.....   737
 Designated countries and organizations
  Contributions from.................... 10 USC 2350j............   420
 Discussions with mutual defense 
   alliances............................ PL 100-456 Sec 1008.....   805
 Findings of Congress................... PL 103-160 Sec 1401.....   598
 Host nations
  Revised agreements.................... PL 102-484 Sec 1301.....   635
 Japan
  U.S. defense expenditures in.......... PL 100-180 Sec 1011.....   835
 Persian Gulf conflict
  Sense of Congress..................... PL 102-20 Sec 6.........    25
 Sense of Congress...................... PL 103-160 Sec 1401(b)..   599
Buy American Act
 Military procurement
  Policy on............................. PL 93-365 Sec 707.......   908
 Secretary of Defense
  Waiver of............................. PL 105-56 Sec 8040......   487
 Waiver of
  Limitation on authority............... PL 102-190 Sec 833......   688
                                         PL 101-189 Sec 823......   763

                                   C

Cambodia Politics and government
 Findings and sense of Congress......... PL 105-85 Sec 1231......   479
Cambodia-U.S. relations
 (see also Indochina War)
Canada-U.S. relations
 (see also International Joint 
   Commission)
 Agriculture
  Center for North American Studies..... PL 102-532 Sec 4........   206
Cargo preference law
 Exemptions from........................ PL 83-480 Note..........   964
Caribbean area
 Enterprise for the Americas Facility
  Establishing.......................... PL 83-480 Sec 602.......   209
 Free trade zone
  Effect on U.S......................... PL 102-532 Sec 5........   206
Caribbean area-U.S. relations
 Military training
  Inter-American Air Forces Academy..... 10 USC 9415.............   443
Center for Excellence in Disaster 
  Management and Humanitarian Assistance 10 USC 182..............   376
Center for North American Studies
 Authorization of appropriations........ PL 102-532 Sec 4........   206
Central America
 Peace and democracy
  Advancement of........................ PL 100-276..............   224
 Sapoa Agreement........................ PL 100-276 Sec 2........   224
 U.S. Armed Forces in
  Sense of Congress..................... PL 98-525 Sec 310.......   880
Central America-U.S. relations
 Civilian victims
  Humanitarian assistance............... PL 101-215 Sec 1........   223
 Military training
  Inter-American Air Forces Academy..... 10 USC 9415.............   443
Central European Small Business 
  Enterprise Development Commission
 Established............................ 67 Stat 232.............   129
 Report to Congress..................... 67 Stat 232.............   130
Chemical demilitarization
 Cryofracture program
  Appropriations authorization.......... PL 101-189 Sec 173(b)...   757
Chemical Warfare Review Commission...... PL 98-525 Sec 1511......   888
Chemical weapons
 BIGEYE bomb
  Production restrictions............... PL 99-145 Sec 1411(d)...   863
 Binary chemical munitions
  Conditions for use of funds........... PL 99-145 Sec 1411......   861
 Chemical-biological collective 
   protection systems................... PL 101-510 Sec 163......   712
 Convention on
  Compliance monitoring program......... PL 101-189 Sec 241......   760
 Demilitarization program
  Authorization......................... PL 100-456 Sec 105......   794
  Authorization of appropriations, FY 
   1992................................. PL 102-190 Sec 107......   680
  Revision of........................... PL 100-180 Sec 125......   820
 Destruction of
  Appropriations rescissions............ PL 105-18 Title I.......   495
  Appropriations, 1998.................. PL 105-56 Title VI......   485
  Authorization of appropriations....... PL 105-85 Sec 107.......   444
                                         PL 104-201 Sec 107......   497
                                         PL 103-337 Sec 106......   548
                                         PL 103-160 Sec 107......   579
                                         PL 102-484 Sec 107......   623
                                         PL 102-190 Sec 107......   680
                                         PL 101-510 Sec 107......   712
                                         PL 101-189 Sec 106......   756
                                         PL 100-180 Sec 107......   820
 Disposal of
  International consultation exchange 
   program.............................. PL 102-484 Sec 178......   623
  Sense of Congress..................... PL 102-484 Sec 178......   623
 Eliminating
  Negotiations on....................... PL 97-252 Sec 1124......   905
 European retrograde program
  Limitations on........................ PL 101-189 Sec 172......   756
 Germany
  Transfer to Johnston Island........... PL 101-510 Sec 364......   723
 Illegal importation prevention
  Presidential certification............ PL 104-201 Sec 229......   498
 Iraq
  Violation of U.N. Security Council 
   Resolution 687....................... PL 102-190 Sec 1095.....   703
 Lethal agents and munitions
  Destruction of........................ PL 103-160 Sec 107......   579
                                         PL 102-484 Sec 107......   623
                                         PL 102-190 Sec 107......   680
                                         PL 99-145 Sec 1412......   864
  Report to Congress.................... PL 99-145 Sec 1412(g)...   866
 National emergency
  Secretary of Defense.................. 10 USC 382..............   382
 NATO members posture
  Report to Congress.................... PL 99-145 Sec 1411(g)...   863
 Prohibition of
  Compliance monitoring program......... PL 100-456 Sec 208......   795
 Stockpile
  Safety contingency plan............... PL 101-510 Sec 173......   713
 Technology transfer
  Report to Congress.................... PL 102-190 Sec 1097.....   704
 Testing
  Report to Congress.................... PL 99-145 Sec 1413......   869
 U.S. stockpile in Europe
  Conditions for removal from........... PL 100-180 Sec 126......   821
Children
 Health programs
  Immunizations......................... PL 99-198 Sec 1112(b)...  1005
Chile-U.S. relations
 Reconstruction of...................... PL 86-735 Sec 3.........   231
China (People's Republic of)
 Military capability
  Report to Congress.................... PL 105-85 Sec 1226......   474
China (People's Republic of)-U.S. 
  relations
 Exports
  Agricultural commodities.............. PL 99-198 Sec 1106......  1000
 Nuclear weapons programs
  Funding prohibition................... PL 104-201 Sec 3137.....   516
China (Republic of)
 (see Taiwan)
China (Republic of)-U.S. relations
 Joint Defense Conversion Commission
  Report to Congress.................... PL 104-106 Sec 1343.....   542
China-U.S. relations
 Foreign aid
  Indirect funding prohibition.......... PL 105-118 Sec 523......    10
 POW/MIA Task Force..................... PL 103-337 Sec 1033.....   555
Civil Service
 Peace Corps personnel
  Appointment to........................ EO 11103................  1152
Civilian Career Service
 Former Peace Corps personnel........... EO 11103................  1152
Claims
 (see also Foreign claims)
Claude and Mildred Pepper Scholarship 
  Program
 Authorization of appropriations........ PL 102-138 Sec 210......    79
 Grants to.............................. PL 102-138 Sec 210......    79
Coast Guard
 Drug control
  Appropriations from Department of 
   Defense.............................. PL 100-180 Sec 1242.....   842
 Drug-interdiction assistance........... PL 99-145 Sec 1421......   869
 Personnel
  Assignment to naval vessels........... 10 USC 379..............   381
Cochran Fellowship Program
 Establishing........................... PL 101-624 Sec 1543.....   983
Cold War
 Statutory provisions
  Amendments and repeals of............. PL 103-199 Sec 101......    40
Collective security
 (see Mutual defense)
Colombo Plan Council for Technical 
  Cooperation
 U.S. membership in..................... PL 86-108 Sec 502.......   303
Columnia-U.S. relations
 Drug control
  Authorization of appropriations....... PL 105-85 Sec 1033......   452
Commander-in-Chief powers
 (see War powers)
Commerce, Department of
 Foreign aid program
  Administration of..................... EO 12163 Sec 1-502......   337
Commission on Maintaining United States 
  Nuclear Weapons Expertise
 Authority modification................. PL 105-85 Sec 3163......   482
 Establishment of....................... PL 104-201 Sec 3162.....   517
Commodities (U.S.)
 To foreign countries
  Commodity Credit Corporation.......... 49 Stat 1985 Sec 901a...   320
  Transported in U.S. ships............. 49 Stat 1985 Sec 901b...   321
Commodities, equipment, or materials 
  (U.S.)
 To foreign countries................... 49 Stat 1985 Sec 
                                          901(b)(1)..............   319
Commodity Credit Corporation
 Agricultural commodities
  Market promotion program.............. PL 95-501 Sec 203.......  1050
  Unfair trade practices................ PL 95-501 Sec 301.......  1055
 Agricultural commodity sales........... PL 83-480 Sec 406.......   946
 Agricultural exports
  Program controls...................... PL 95-501 Sec 401-404...  1059
 Credit guarantees
  Emerging markets exports.............. PL 105-86 Title V.......   997
  Export credit......................... PL 105-86 Title V.......   997
 Direct credit sales program............ PL 95-501 Sec 201.......  1045
  Funding levels........................ PL 95-501 Sec 211.......  1054
 Emerging democracies
  Export credit guarantees.............. PL 101-624 Sec 1542.....   976
 Export credit guarantee program........ PL 95-501 Sec 202.......  1047
 Export guarantee program
  Appropriations, 1998.................. PL 105-86 Title V.......   997
 Exports
  Transported in U.S. ships............. 49 Stat 1985 Sec 901a...   320
 Free enterprise
  Agricultural policies................. PL 99-198 Sec 1110(e)...  1002
Commonwealth of Independent States-U.S. 
  relations
 Nuclear weapons
  Information exchanges................. PL 102-484 Sec 3151(b)..   672
 Plutonium production
  Cessation of.......................... PL 102-484 Sec 3151.....   672
Communications (international)
 U.S.-Soviet Union link................. PL 99-85................   912
Communism
 Victims of
  Monument to Honor..................... PL 103-199 Sec 905......    43
Competition
 (see Private enterprise)
Comptroller General of the U.S.
 (see also GAO)
Computers
 High performance
  Export controls....................... PL 105-85 Sec 1211......   465
 High performance exports
  Report to Congress.................... PL 105-85 Sec 1212......   466
                                         PL 105-85 Sec 1214......   467
 Sales to certain countries
  Report to Congress.................... PL 105-85 Sec 3157......   482
Conciliators
 (see Arbitration)
Congress
 (see also Reports to Congress)
 (see also War powers)
 Foreign travel
  Local currencies...................... PL 83-665 Sec 502.......   305
 Travel abroad
  Foreign currencies used for........... PL 83-665 Sec 502.......   305
Contracts
 Defense contractors
  Transactions with terrorist countries. PL 103-160 Sec 843......   592
Convention on ... the Use of ... Weapons 
  ... Deemed ... To Have Indiscriminate 
  Effects............................... PL 103-160 Sec 
                                          1423(a)(5).............   605
                                         PL 102-484 Sec 
                                          1365(a)(4).............   648
Convention on Prohibitions or 
  Restrictions on the Use of Certain 
  Conventional Weapons ................. PL 103-160 Sec 
                                          1423(a)(5).............   605
Conventional Forces in Europe Treaty 
  Implementation Act of 1991............ PL 102-228..............    76
Cooperative agreements
 Allied countries
  Communications support................ 10 USC 2350a............   407
  Communications support services....... 10 USC 2350f............   416
  Foreign contributions................. 10 USC 2350i............   419
  Military airlift...................... 10 USC 2350c............   412
  Real property or services............. 10 USC 2350g............   417
  Report to Congress.................... 10 USC 2350a(f).........   408
  Research and development projects..... 10 USC 2350a............   407
 Central Europe air defenses
  Equipment disposal.................... PL 105-85 Sec 1064......   459
 NATO
  Logistic support...................... 10 USC 2350d............   414
Cooperative research and development 
  programs
 Former Soviet Union.................... PL 102-484 Sec 1441.....   653
 Israel
  Arrow Tactical Anti-Missile........... PL 103-160 Sec 238......   588
                                         PL 102-190 Sec 241......   682
 Japan.................................. PL 101-510 Sec 1454(c)..   736
 Non-NATO allies
  Authorization of appropriations....... PL 100-180 Sec 207......   822
Cooperative Threat Reduction
 Defense Department
  Authorization of appropriations....... PL 105-85 Sec 301.......   448
                                         PL 104-201 Sec 301......   502
Council on International Scientific and 
  Technological Cooperation............. EO 12163 Sec 1-402......   336
Counterprofileration Support Program
 Authorization of appropriations........ PL 104-201 Sec 231......   498
                                         PL 104-106 Sec 218......   522
Countries, foreign
 Chemical weapons
  Disposal information technology 
   exchanges............................ PL 102-484 Sec 178......   623
 Commodity Credit Corporation
  Export credit guarantees.............. PL 101-624 Sec 1542.....   976
 Enhancing U.S. agricultural exports to
  Programs for.......................... PL 101-624 Sec 1542.....   976
 Foreign critical technology
  Monitoring and assessment program..... 10 USC 2518.............   429
 Importing Cuban sugar
  Report to Congress.................... PL 101-624 Sec 903......   971
 Military-based satellites
  Report to Congress.................... PL 102-484 Sec 1363.....   645
 Military-to-military contacts.......... PL 103-160 Sec 1503.....   611
 Protection of intellectual property 
   rights
  Sense of Congress..................... PL 101-189 Sec 852......   764
 Refugees
  International mine clearing efforts... PL 102-484 Sec 1364.....   646
 Tied aid practices
  Combating............................. PL 102-511 Sec 306......    54
 U.S. military in
  Environmental preservation activities. PL 105-85 Sec 347.......   449
Countries, foreign-U.S. relations
 Military-to-military contacts.......... 10 USC 168..............   374
Crime Control Act of 1990............... PL 101-647 Sec 1........   275
Cuba
 Brothers to the Rescue
  Attack on............................. PL 104-114 Sec 116......   183
Cuba-U.S. relations
 Aliens
  Exclusion from the U.S................ PL 104-114 Title IV.....   203
 Business transactions
  Prohibitions on....................... PL 102-484 Sec 1706.....   669
 Cuban people
  Support for........................... PL 102-484 Sec 1705.....   667
 Democracy
  U.S. policy on........................ PL 104-114 Sec 201......   184
 Democratic government
  Determining........................... PL 104-114 Sec 206......   193
  U.S. policy on........................ PL 102-484 Sec 1708.....   670
 Economic assistance
  Plan coordination..................... PL 104-114 Sec 203......   186
  Plan for providing.................... PL 104-114 Sec 202......   186
 Embargo of
  Enforecement of....................... PL 104-114 Sec 102......   171
  Termination of........................ PL 104-114 Sec 204......   190
 Findings of Congress................... PL 104-114 Sec 2........   164
                                         PL 102-484 Sec 1702.....   664
 Foreign aid
  Indirect funding prohibition.......... PL 105-118 Sec 523......    10
 Human and democratic rights groups
  Support for........................... PL 104-114 Sec 109......   178
 Juragua nuclear power plant
  Foreign assistance prohibition........ PL 104-114 Sec 111......   180
 National security
  Assessing Cuban threat to............. PL 105-85 Sec 1228......   476
 Opposition to membership in 
   international financial institutions. PL 104-114 Sec 104......   173
 Outstanding property claims
  Settlement of......................... PL 104-114 Sec 207......   193
 Prohibition on imports and exports..... PL 104-114 Sec 110......   179
 Property rights of U.S. nationals...... PL 104-114 Title III....   194
 Reaffirmation of policy towards........ PL 98-525 Sec 1543......   893
 Sanctions against
  Strengthening......................... PL 104-114 Sec 101......   170
 Sugar import quotas.................... PL 99-198 Sec 902(c)(1).   999
 Sugar imports
  Report to Congress.................... PL 99-198 Sec 902(c)(2).  1000
 Television broadcasting to............. PL 104-114 Sec 107......   177
 Transition government
  Determining........................... PL 104-114 Sec 205......   191
 Transitional government
  U.S. policy on........................ PL 102-484 Sec 1707.....   670
 U.S. policy on......................... PL 102-484 Sec 1703.....   665
 United States-Cuba Council............. PL 104-114 Sec 203(b)...   189
Cuban Democracy Act of 1992............. PL 102-484 Sec 1701.....   664
Cuban Liberty and Democratic Solidarity 
  (LIBERTAD) Act of 1996................ PL 104-114..............   163
Culebra
 Military (U.S.)........................ PL 93-365 Sec 704.......   908
Currencies, foreign
 (see also Agricultural commodity sales)
 Agreements on use of
  Report to Congress.................... PL 83-480 Note..........   964
 Agreements to use surplus.............. PL 83-665 Sec 402.......   304
 Agricultural Trade Development Act
  Accounting for........................ EO 12752 Sec 2..........  1025
 Appropriations acts.................... PL 87-125 Sec 508.......   317
 Balance of payments position of U.S.... 31 USC 5303.............   318
 Expenditure by agencies................ 31 USC 1306.............   316
 Federal agencies use
  Reimbursement of Treasury Note........ PL 83-480 Note..........   923
 Fluctuations in
  Peace Corps account................... PL 87-293 Sec 16........  1122
 Foreign Currency Fluctuations, Peace 
   Corp Account......................... PL 87-293 Sec 16........  1122
 Former Soviet Union
  Currency stabilization fund........... PL 102-511 Sec 1004(b)..    74
 Peace Corps use........................ PL 87-293 Sec 17........  1123
 Poland
  Availability of....................... PL 100-418 Sec 2224.....   120
 Salaries of U.S. Government employees 
   abroad............................... PL 83-665 Sec 523(d)....   308
 Travel abroad
  Congressional members and staffs...... PL 83-665 Sec 502.......   305
Cyprus
 Settlement of conflict................. PL 94-104 Sec 2.........   299
Czechoslovakia
 Central European Small Business 
   Enterprise Development Commission.... 67 Stat 232.............   129
 Small business
  Management and technical assistance... 67 Stat 232.............   129

                                   D

DAC
 (see Organization for Economic 
   Cooperation and Development)
Dairy surplus
 Overseas donations..................... PL 81-439 Sec 416(b)....   989
Debts (U.S.)
 Foreign currencies from agricultural 
   commodity sales...................... PL 83-480 Sec 104.......   928
Debts, foreign
 Agricultural commodity sales
  Debt forgiveness...................... PL 83-480 Sec 411.......   950
 Bolivia
  Debt-for-drugs exchanges.............. PL 101-623 Sec 17.......   274
                                         PL 101-231 Sec 10.......   284
 Colombia
  Debt-for-drugs exchanges.............. PL 101-623 Sec 17.......   274
 Debt-for-drugs exchanges............... PL 101-623 Sec 17.......   274
 Enterprise for the Americas Facility
  Debt reduction........................ PL 83-480 Sec 604.......   240
 Peru
  Debt-for-drugs exchanges.............. PL 101-623 Sec 17.......   274
 Qualified debt
  Defined............................... PL 83-480 Sec 619.......   217
 Relief of
  Notifying Congress.................... PL 83-480 Sec 618.......   218
 Sale to eligible countries............. PL 83-480 Sec 616.......   216
 Sale, reduction or cancellation
  Facilitating debt swaps............... PL 83-480 Sec 617.......   216
Defense and National Security, 
  Commission on
 Establishment of....................... PL 101-511 Sec 8104.....   787
Defense articles
 Defense Department transfer of
  Limitations on........................ PL 105-56 Sec 8080......   489
 Secretary of Defense
  Loan guarantees....................... 10 USC 2540.............   432
Defense Conversion, Reinvestment, and 
  Transition Assistance Act of 1992..... PL 102-484 Sec 4001.....   675
Defense Cooperation Account
 Authorization of appropriations........ PL 102-25 Sec 203.......    15
 Authorization of appropriations, FY 
   1991 and 1992........................ PL 102-25 Sec 101.......    13
 Establishment of....................... 10 USC 2608.............   437
Defense Economic Adjustment, 
  Diversification, Conversion, and 
  Stabilization Act of 1990............. PL 101-510 Sec 4001.....   753
Defense industrial base
 Foreign source procurement
  Report to Congress.................... PL 102-190 Sec 831......   686
Defense, Department of
 Activities in Bosnia
  Report to Congress.................... PL 105-18 Sec 105.......   494
 Appropriations
  General provisions.................... PL 101-511 Title VIII...   787
  Transfer of funds..................... 10 USC 2214.............   394
                                         10 USC 2215.............   395
 Authorization of appropriations, FY 
   1992................................. PL 102-484 Sec 1202(a)..   634
 Authorization of appropriations, FY 
   1993................................. PL 102-484 Sec 1203.....   634
  Limitations on........................ PL 102-484 Sec 4........   623
 Authorizations, FY 1994
  Transfer limitations.................. PL 103-160 Sec 1101(b)..   593
 Biological pathogens
  Export licenses review................ PL 104-106 Sec 1323.....   537
 Civilian personnel reduction in Europe. PL 101-189 Sec 314......   762
 Contract proposals
  NATO members eligibility.............. 10 USC 2349.............   405
  Restrictions on....................... 10 USC 2327(b)..........   397
 Contracts
  Arab boycott of Israel................ 10 USC 2410i............   424
  Waivers............................... 10 USC 2327(c)..........   397
 Counter terrorism activities
  Supplemental appropriations, 1997..... PL 105-18 Sec 103.......   493
 Defense build down
  Findings of Congress.................. PL 102-484 Sec 4101.....   675
 Defense contracts
  Foreign government interest disclosure 10 USC 2327(a)..........   396
 Department of Defense Appropriation 
   Authorization Act, 1975.............. PL 93-365...............   907
 Department of Defense Appropriation 
   Authorization Act, 1979.............. PL 95-485...............   906
 Department of Defense Appropriations 
   Act, 1989............................ PL 100-463..............   816
 Department of Defense Appropriations 
   Act, 1990
  Report to Congress.................... PL 101-189 Sec 1624.....   782
 Department of Defense Appropriations 
   Act, 1991............................ PL 101-511..............   787
 Department of Defense Appropriations 
   Act, 1993............................ PL 102-396..............   677
  General provisions.................... PL 102-396 Title IX.....   677
 Department of Defense Appropriations 
   Act, 1994............................ PL 103-139..............   620
  General provisions.................... PL 103-139 Title VIII...   620
 Department of Defense Appropriations 
   Act, 1998............................ PL 105-56...............   484
 Department of Defense Authorization 
   Act, 1983............................ PL 97-252...............   903
 Department of Defense Authorization 
   Act, 1984............................ PL 98-94................   894
 Department of Defense Authorization 
   Act, 1985............................ PL 98-525...............   875
 Department of Defense Authorization 
   Act, 1986............................ PL 99-145...............   857
 Department of Defense Authorization 
   Act, 1987............................ PL 99-661...............   846
 Disaster assistance
  Foreign............................... 10 USC 404..............   388
 Drug-interdiction assistance
  Authorization of appropriations....... PL 99-145 Sec 1422......   870
 Emergency Response Fund
  Rwanda refugees....................... PL 103-337 Sec 1002(b)..   553
 Emergency supplemental authorization of 
   appropriations, FY 1994.............. PL 103-337 Sec 1002.....   552
 Environmental activities overseas
  Report to Congress.................... PL 105-85 Sec 345.......   448
 Environmental provisions
  Report to Congress.................... PL 101-510 Sec 341......   720
 Excess construction or fire equipment
  Use limitations....................... 10 USC 2552.............   435
 Excess personal property
  Transfer to state and federal agencies 10 USC 2576a............   436
 Families of POWs/MIAs
  Support center established............ PL 102-190 Sec 1083.....   702
 Foreign aid program
  Administration of..................... EO 12163 Sec 1-3........   336
 Foreign national employees
  Severance pay......................... PL 102-484 Sec 1351.....   645
 Humanitarian aid
  Supplemental appropriations, 1997..... PL 105-18 Sec 104.......   494
 Humanitarian assistance
  Appropriations reductions............. PL 104-106 Sec 1008.....   532
  Appropriations, 1998.................. PL 105-56 Title II......   484
 INF Treaty
  Funds appropriated.................... PL 103-139 Sec 8033.....   620
 Information
  Available to law enforcement officials 
   (U.S.)............................... 10 USC 371..............   377
 Intelligence collections systems
  Use of................................ PL 102-190 Sec 924......   688
 Law enforcement officials (U.S.)
  Assistance to......................... 10 USC 380..............   382
 Limitation on obligations.............. PL 105-56 Sec 8033......   487
 Military equipment
  Available to law enforcement officials 
   (U.S.)............................... 10 USC 372..............   378
 Military personnel
  Available to train law enforcement 
   officials (U.S.)..................... 10 USC 373..............   378
  Operating equipment for law 
   enforcement officials (U.S........... 10 USC 374..............   379
 National Defense Authorization Act for 
   Fiscal Year 1991..................... PL 101-510..............   711
 National Defense Authorization Act for 
   Fiscal Year 1993..................... PL 102-484..............   622
 National Defense Authorization Act for 
   Fiscal Year 1994..................... PL 103-160..............   578
 National Defense Authorization Act for 
   Fiscal Year 1995..................... PL 103-337..............   546
 National Defense Authorization Act for 
   Fiscal Year 1996..................... PL 104-106..............   521
 National Defense Authorization Act for 
   Fiscal Year 1997..................... PL 104-201..............   497
 National Defense Authorization Act for 
   Fiscal Year 1998..................... PL 105-85...............   444
 National Defense Authorization Act for 
   Fiscal Years 1988 and 1989........... PL 100-180..............   820
 National Defense Authorization Act for 
   Fiscal Years 1990 and 1991........... PL 101-189..............   755
 National Defense Authorization Act for 
   Fiscal Years 1992 and 1993........... PL 102-190..............   679
 National Defense Authorization Act, 
   Fiscal Year 1989..................... PL 100-456..............   793
 Nuclear weapons
  Nonproliferation activities........... PL 102-484 Sec 1503.....   655
 Offset policy
  Findings of Congress.................. PL 100-456 Sec 825......   800
 Overseas Contingency Operations
  Appropriations, 1998.................. PL 105-56 Title II......   484
 Overseas Contingency Operations 
   Transfer Fund
  Supplemental appropriations,.......... PL 105-18 Title I.......   494
 Overseas environmental provisions
  Report to Congress.................... PL 101-510 Sec 342......   721
 Prior emergency supplemental 
   appropriations
  Adjustment of......................... PL 105-85 Sec 1004......   450
 Procurement
  Restrictions on non-U.S. items........ PL 102-396 Sec 9005.....   677
 Services and equipment available to law 
   enforcement officials (U.S.)......... 10 USC 371-380..........   377
 Space launch modernization plan........ PL 103-160 Sec 213......   581
 Supplemental authorization of 
   appropriations, FY 1993.............. PL 103-160 Sec 1113.....   594
 Technology office
  Establishing in Japan................. PL 101-510 Sec 248......   719
 Terrorist countries
  Aid prohibition....................... 10 USC 2249(a)..........   396
 Theater Missile Defense Initiative
  Office of............................. PL 102-484 Sec 231......   624
 U.N. peacekeeping activities
  Appropriations restrictions........... PL 105-56 Sec 8082......   490
  Funding prohibition................... 10 USC 405..............   389
 Vaccination programs
  Supporting Health and Human Services.. PL 103-160 Sec 1705.....   618
Defense, Secretary of
 Armed forces relocation
  Accepting contributions............... 10 USC 2350k............   421
 Arms sales
  Duties................................ EO 11958................   357
 Authority in European air defense 
   agreements........................... PL 98-525 Sec 1007......   887
 Authorizations, FY 1992
  Transfer authority.................... PL 102-484 Sec 1202(b)..   634
                                         PL 102-190 Sec 1001.....   689
 Authorizations, FY 1993
  Transfer authority.................... PL 102-484 Sec 1203(b)..   634
 Authorizations, FY 1994
  Transfer authority.................... PL 103-160 Sec 1101(a)..   593
 Ballistic missile defense
  Report to Congress.................... PL 99-145 Sec 226.......   860
 Chemical weapons tests
  Report to Congress.................... PL 99-145 Sec 1413......   869
 Cooperative agreements
  Accepting real property or services... 10 USC 2350g............   417
 Defense programs
  Authority to accept contributions for. 10 USC 2608.............   437
 Foreign countries
  Military-to-military contacts......... 10 USC 168..............   374
 Foreign Defense Technology Monitoring 
   and Assessment, Office for........... 10 USC 2517.............   428
 Foreign disaster assistance............ EO 12966................   366
 Foreign governments
  Memorandums of agreement.............. 10 USC 2350h............   418
 Global Positioning System program
  Study of.............................. PL 103-160 Sec 152......   579
 Humanitarian assistance
  Authorization to transport............ PL 98-525 Sec 1540......   891
  Using excess non-lethal supplies...... 10 USC 2547.............   434
 International peacekeeping activities
  Authorizations, FY 1993............... PL 102-484 Sec 1342.....   644
  Authorizations, FY 1994............... PL 103-160 Sec 1501.....   609
 Loan guarantee program
  Establishment of...................... 10 USC 2540.............   432
 Loan guarantees
  Limitations on........................ PL 105-56 Sec 8081......   489
  Report to Congress.................... PL 104-106 Sec 1321.....   534
 Memoranda of understanding and related 
   agreements........................... 10 USC 2531.............   429
 Merged or ``M'' account obligations.... PL 102-484 Sec 1003.....   631
  Report to Congress.................... PL 102-484 Sec 1003.....   631
 Military force structure
  Report to Congress.................... 10 USC 113..............   367
 Report to Congress
  Conduct of Persian Gulf conflict...... PL 102-25 Sec 501.......    20
  Israel-U.S. defense industrial 
   cooperation.......................... PL 102-484 Sec 205......   624
 Reports to Congress
  Burden sharing contributions.......... 10 USC 2350j............   420
Delegation of Functions Under the 
  Freedom Support Act .................. EO 12884................   132
Democracy Corps
 Authorization of appropriations, 1993.. PL 102-511 Sec 401(j)...    57
 Establishment of
  In the former Soviet Union............ PL 102-511 Sec 401......    55
Department of Defense
 (see Defense, Department of)
Desert Shield
 (see Operation Desert Shield)
Desert Shield/Desert Storm
 (see Operation Desert Shield/Desert 
   Storm)
Desert Storm
 (see Operation Desert Storm)
Developing countries
 Agricultural commodity sales
  Eligibility........................... PL 83-480 Sec 102.......   925
  Terms and conditions.................. PL 83-480 Sec 103.......   927
 Farmer-to-farmer program
  Establishing.......................... PL 83-480 Sec 501.......   953
 Joint military exercises
  Expenses paid by U.S.................. 10 USC 2010.............   391
 Special operations forces
  Training paid by U.S.................. 10 USC 2011.............   392
 Special operations forces training
  Report to Congress.................... 10 USC 2011(e)..........   393
Development
 (see also Alliance for Progress)
 (see also Foreign aid)
 (see also Less-developed countries)
 (see also U.N.)
Development aid
 (see Foreign aid)
Development Assistance Committee
 (see OECD)
Development Loan Committee
 Membership of.......................... EO 12163 Sec 1-505......   337
Diego Garcia
 (see Indian Ocean)
Diplomatic and Consular Service
 Former Soviet Union
  New posts............................. PL 102-511 Sec 802......    70
Disabled persons
 Peace Corps help....................... PL 87-293 Sec 3(h)......  1100
Disaster assistance
 Bangladesh............................. PL 100-576 Sec 4........   312
  Report to Congress.................... PL 100-576 Sec 5........   313
 Center for Excellence in Disaster 
   Management and Humanitarian 
   Assistance........................... 10 USC 182..............   376
 Foreign
  Secretary of Defense.................. EO 12966................   366
Disaster relief
 (see also Humanitarian assistance)
 (see Disaster assistance)
Disputes
 (see OAS)
Djibouti
 Findings of Congress................... PL 102-274 Sec 2........   147
Drug control
 Aerial and maritime monitoring and 
   detection
  Defense Department role............... 10 USC 124..............   371
 Afghanistan
  Congressional review.................. PL 101-623 Sec 12.......   273
 Agricultural alternatives
  Assistance with....................... PL 101-623 Sec 6........   272
 Agricultural commodity sales........... PL 83-480 Sec 414.......   952
 Andean countries
  Administration of Justice Program..... PL 101-623 Sec 2........   267
  Authorization of appropriations....... PL 101-623 Sec 2........   267
  Foreign aid........................... PL 101-623 Sec 2........   267
  Military aid.......................... PL 101-623 Sec 3........   268
  Presidential determination............ PL 101-623 Sec 4........   271
  Report to Congress.................... PL 101-623 Sec 4(b).....   271
                                         PL 101-510 Sec 1009.....   732
 Andean drug initiative................. PL 101-231 Sec 2........   277
 Bolivia
  Administration of Justice Program..... PL 101-623 Sec 2........   267
  Assistance to......................... PL 101-623 Sec 2........   267
                                         PL 101-231 Sec 3........   279
 Brooke-Alexander Amendment
  Waiver of............................. PL 101-623 Sec 4(d).....   272
                                         PL 101-231 Sec 6........   281
 Bumpers Amendment
  Waiver of............................. PL 101-231 Sec 14.......   285
 Central Intelligence Agency
  Appropriations restrictions........... PL 105-56 Sec 8071(b)...   488
 Coast Guard
  Drug-interdiction assistance.......... PL 99-145 Sec 1421......   869
  Funds transferred from Department of 
   Defense.............................. PL 100-180 Sec 1242.....   842
 Colombia
  Administration of Justice Program..... PL 101-623 Sec 2........   267
  Assistance to......................... PL 101-623 Sec 2........   267
                                         PL 101-231 Sec 3........   279
 Columbia
  Authorization of appropriations....... PL 105-85 Sec 1033......   452
 Counter-drug activities
  Additional support for................ PL 103-160 Sec 1121.....   594
                                         PL 101-510 Sec 1004.....   728
  Department of Defense authorizations.. PL 101-510 Sec 1001.....   726
                                         PL 101-189 Sec 1201.....   776
  National Guard........................ PL 101-189 Sec 1201.....   776
  Report to Congress.................... PL 101-510 Sec 1007.....   730
  Sense of Congress..................... PL 101-510 Sec 1006.....   730
 Crop substitution
  Assistance with....................... PL 101-231 Sec 14.......   285
                                         PL 101-624 Sec 1544.....   985
 Crop substitution projects
  Assistance from MDBs.................. PL 99-570 Sec 2018......   290
 Defense Department
  Authorization of appropriations....... PL 105-85 Sec 301.......   448
                                         PL 104-201 Sec 301......   502
 Defense Department activities
  Appropriations, 1998.................. PL 105-56 Title VI......   485
 Department of Defense
  Appropriations restrictions........... PL 105-56 Sec 8071......   488
  Authorization of appropriations, FY 
   1992................................. PL 102-484 Sec 301(14)..   628
                                         PL 102-190 Sec 
                                          301(a)(14).............   684
  Authorization of appropriations, FY 
   1993................................. PL 102-484 Sec 301(14)..   628
                                         PL 102-190 Sec 
                                          301(c)(13).............   685
  Authorization of appropriations, FY 
   1996................................. PL 104-106 Sec 301(15)..   530
                                         PL 102-484 Sec 301(18)..   628
  Communications network................ PL 101-189 Sec 1204.....   777
  Drug detection monitoring systems..... PL 102-484 Sec 1043.....   632
  Drug-interdiction assistance.......... PL 99-145 Sec 1422......   870
 Drug traffickers
  Preventing entry into U.S............. PL 103-447 Sec 107......   266
 E-2 aircraft
  Testing use of........................ PL 99-145 Sec 1424......   871
 Export-Import Bank
  Loan guarantees....................... PL 79-173 Sec 2(b)(6)(A)   292
 Foreign aid
  Waiver of restrictions................ PL 103-447 Sec 105......   266
 Host country pilots
  Training of........................... PL 101-623 Sec 13.......   273
 Importing narcotics raw material
  Report to Congress.................... PL 101-647 Sec 2501.....   275
  U.S. policy on........................ PL 101-647 Sec 2501.....   275
 Interdiction
  Department of Defense authorizations.. PL 101-510 Sec 1001.....   726
                                         PL 101-189 Sec 1201.....   776
  National guard........................ PL 101-189 Sec 1201.....   776
  Over-the-horizon radar................ PL 101-510 Sec 1002.....   727
 Interdiction activities
  Funds availability.................... PL 104-201 Sec 1032.....   505
  Immunity for officials engaged in..... PL 103-337 Sec 1012.....   554
 Interdiction and counter-drug 
   activities
  Appropriations rescissions............ PL 105-18 Title I.......   495
 Interdiction of vessels and vehicles
  Report to Congress.................... PL 99-661 Sec 1373......   854
 International
  Authorization of appropriations....... PL 101-623 Sec 5........   272
 International currency transactions
  Information on........................ PL 100-690 Sec 4702.....   287
 International terrorism
  Reward for information on............. PL 101-231 Sec 13.......   285
 Mexico
  Assistance to......................... PL 101-231 Sec 7........   281
  Authorization of appropriations....... PL 105-85 Sec 1032......   452
                                         PL 104-201 Sec 1031.....   503
 Military aid (U.S.)
  Exemptions for law enforcement 
   agencies............................. PL 103-447 Sec 104......   265
 Military assistance to foreign 
   governments.......................... PL 101-231 Sec 3........   279
 Money laundering
  Information access.................... PL 100-690 Sec 4702.....   287
 Multilateral counter-drug strike force
  Creation of........................... PL 101-510 Sec 1010.....   733
 Multilateral strike force.............. PL 101-231 Sec 11.......   284
 Narcotics
  Detection technologies................ PL 105-85 Sec 1034......   455
 Narcotics traffickers
  Halting weapons transfers............. PL 101-231 Sec 12.......   285
 National Drug Control Program.......... EO 12880................   294
 National Drug Intelligence Center
  Appropriations........................ PL 103-139 Sec 8056.....   621
 National Narcotics Border Interdiction 
   System
  Sense of Congress..................... PL 101-189 Sec 1214.....   780
 Panama
  Resumption of U.S. assistance......... PL 101-243 Sec 102......   221
  Resumption of U.S. trade.............. PL 101-243 Sec 103......   221
 Peru
  Administration of Justice Program..... PL 101-623 Sec 2........   267
  Assistance to......................... PL 101-623 Sec 2........   267
                                         PL 101-231 Sec 3........   279
  Authorization of appropriations....... PL 105-85 Sec 1033......   452
 President's Drug Policy Council
  Establishment of...................... EO 12992................   296
 Riverine counter-drug plan............. PL 105-85 Sec 1033(h)...   454
 Riverine Program....................... PL 101-623 Sec 14.......   274
 Smuggling into U.S.
  GAO study............................. PL 100-180 Sec 1241.....   840
 Surveillance flights
  Civil Air Patrol...................... PL 101-510 Sec 1003.....   728
                                         PL 101-189 Sec 1209.....   778
 U.S. trade policy
  Coordination of objectives............ PL 101-231 Sec 9........   283
 Use of OH-58D helicopter
  Feasibility study..................... PL 101-510 Sec 1008.....   731

                                   E

E (Kika) De La Garza Agricultural 
  Fellowship Program
 Established............................ PL 101-624 Sec 1542(d)..   978
East Asia
 U.S. military presence in
  Report to Congress.................... PL 101-189 Sec 915......   772
Eastern Europe
 Research on............................ PL 98-164 Sec 801.......   123
Eastern Europe-U.S. relations
 Democratic transition
  Foreign aid........................... PL 101-243 Sec 201......    88
Economic aid
 (see Foreign aid)
Economic Cooperation Act of 1948
 Irish counterpart funds................ PL 83-665 Sec 417.......   305
Economic Support Fund
 Jordan................................. PL 99-88 Sec 402........   254
 Lebanon-U.S. relations
  Foreign aid........................... PL 98-43 Sec 2..........   256
Educational and cultural exchange
 Emerging democracies................... PL 102-138 Sec 210......    79
 Former Soviet Union
  Authorization of appropriations....... PL 102-511 Sec 807......    71
 South Africa........................... PL 103-149 Sec 7........   145
Egypt
 Sinai Field Mission
  Facilities transfer................... PL 96-35 Sec 6..........   260
Egypt-U.S. relations
 Arms sales
  Loan guaranties....................... PL 96-35 Sec 4..........   259
Eisenhower Exchange Fellowship Act of 
  1990.................................. PL 101-454..............    84
Eisenhower Exchange Fellowship Program
 Trust fund............................. PL 101-454 Sec 3........    85
  Audit of.............................. PL 101-454 Sec 4........    85
Eisenhower Exchange Fellowship Program 
  Trust Fund
 Authorization of appropriations........ PL 101-454 Sec 5........    86
Eisenhower Exchange Fellowships, 
  Incorporated
 Assistance to U.S. Fellows
  Minority participation................ PL 101-454 Sec 6(d).....    86
 Report to Congress..................... PL 101-454 Sec 7........    87
Embargoes
 Against Cuba
  Enforcement of........................ PL 104-114 Sec 102......   171
  Termination of........................ PL 104-114 Sec 204......   190
 Agricultural commodities
  Adverse impact reduction.............. PL 95-501 Sec 412.......  1062
  Compensating producers................ PL 95-501 Sec 411.......  1061
 Trade
  Against Iraq.......................... PL 101-513 Sec 586C.....    27
Emergencies (national)
 (see National emergency)
Emergency Food Assistance Fund, 
  President's........................... PL 98-473 Sec 303.......  1014
Emergency Security Assistance Act of 
  1973.................................. PL 93-199...............   301
Emergency Supplemental Appropriations 
  Act for ... Overseas Peacekeeping 
  Efforts .............................. PL 105-18...............   493
Emergency Supplemental Appropriations 
  for the Department of Defense......... PL 105-18 Title I.......   494
Emergency Supplemental Assistance for 
  Israel Act of 1991.................... PL 102-21...............   253
Emergency Supplemental Persian Gulf 
  Refugee Assistance Act of 1991........ PL 102-45...............   251
Emerging democracies
 Agricultural commodities
  Free enterprise....................... PL 99-198 Sec 1110(b)...  1001
Emerging markets
 Definition of.......................... PL 101-624 Sec 1542(f)..   982
Emigration
 (see Immigration, foreign)
Energy
 U.S. companies
  In the former Soviet Union............ PL 102-511 Sec 304......    54
Energy, Department of
 Nuclear weapons
  Nonproliferation activities........... PL 102-484 Sec 1503.....   655
 Stockpile stewardship
  Funding prohibition................... PL 104-201 Sec 3138.....   517
 Weapons programs
  Transfer of funds..................... PL 101-510 Sec 3124.....   750
Energy, Secretary of
 Nuclear test readiness
  Report to Congress.................... PL 104-201 Sec 3158.....   517
Enterprise for the Americas Facility
 Debt reduction......................... PL 83-480 Sec 603.......   209
 Eligibility for benefits............... PL 83-480 Sec 603.......   209
 Eligible activities for assistance..... PL 83-480 Sec 612.......   243
 Environmental fund..................... PL 83-480 Sec 607-609...   211
 Establishing........................... PL 83-480 Sec 601.......   209
                                         PL 83-480 Sec 601.......   209
 President
  Consultation with Congress............ PL 83-480 Sec 615.......   216
 Qualified debt sale
  Commodity Credit Corporation.......... PL 83-480 Sec 616(e)....   216
 Report to Congress..................... PL 83-480 Sec 614.......   214
Enterprise for the Americas Initiative.. PL 83-480 Sec 601.......   209
 Implementation of...................... EO 12757................   232
Enterprise for the Americas Initiative 
  Act of 1992........................... PL 102-532..............   206
Environment
 Enterprise for the Americas 
   Environmental Fund................... PL 83-480 Sec 607-609...   211
 International Cooperation to Protect 
   Biological Diversity................. PL 100-530..............   314
 Restoration of
  Military bases abroad................. PL 102-484 Sec 324......   629
Environment for the Americas Board
 Establishing........................... PL 83-480 Sec 610.......   243
Espionage, foreign
 Activities in U.S.
  U.S. policies toward.................. PL 99-661 Sec 1364......   852
Estonia
 Graduate students
  USIA scholarships..................... PL 102-138 Sec 227......    82
 Humanitarian assistance
  Sense of Congress..................... PL 101-510 Sec 1459(c)..   740
 Nonlethal defense articles
  Eligibility for....................... PL 102-511 Sec 906......    71
Ethiopia
 Findings of Congress................... PL 102-274 Sec 2........   147
 Foreign aid
  Brooke-Alexander Amendment waiver..... PL 102-274 Sec 7(b).....   154
 Peace
  Presidential certification............ PL 102-274 Sec 8........   154
 Sense of Congress...................... PL 102-274 Sec 3(a).....   148
Ethiopia-U.S. relations
 Economic sanctions against............. PL 100-456 Sec 1310.....   813
 Foreign aid
  Prohibitions on....................... PL 102-274 Sec 7........   154
Europe
 Chemical weapons
  Retrograde program.................... PL 101-189 Sec 172......   756
 Foreign critical technology
  Monitoring and assessment program..... 10 USC 2518.............   429
 U.S. military
  Reduction in.......................... PL 93-365 Sec 302.......   907
Europe-U.S. relations
 Air defense of U.S. military bases..... PL 98-525 Sec 105.......   875
 Military equipment
  Procured from U.S..................... PL 102-190 Sec 832......   687
 NATO
  Sense of Congress..................... PL 102-190 Sec 1041.....   690
Excess defense articles
 Transfer of
  Drug enforcement activities........... PL 101-510 Sec 1005.....   730
 Transfer to Bolivia, Colombia and Peru
  Limitations on........................ PL 101-623 Sec 3(f).....   270
Executive agreements
 (see Executive-legislative relations)
Executive-legislative relations
 (see also War powers)
Export controls
 Licenses denials
  Countries assisting Iraq.............. PL 101-513 Sec 586I.....    33
 Missiles and missile technology
  U.S. policy on........................ PL 101-510 Sec 1701.....   742
Export financing
 Military equipment (U.S.)
  Study on.............................. PL 101-189 Sec 825(a)...   763
Export vessels
 Loan guarantees........................ 49 Stat 1985 Sec 1111...   347
  Report to Congress.................... 49 Stat 1985 Sec 1111...   347
Export-Import Bank
 Drug control
  Loan guarantees....................... PL 79-173 Sec 2(b)(6)(A)   292
 Loan authority increase
  Report to Congress.................... PL 101-510 Sec 4303.....   753
Export-Import Bank Act of 1945.......... PL 79-173...............   292
Exports
 (see also Trade)
 Agricultural commodities
  Compensation and assistance programs.. PL 95-501 Sec 417.......  1065
  Credit sales program.................. PL 95-501 Sec 201.......  1045
  Enhancement of........................ PL 95-501 Sec 301.......  1055
  Expansion of.......................... PL 95-501 Sec 413.......  1063
  Foreign exchange risks................ PL 99-198 Sec 1134......  1010
  High-value............................ PL 95-501 Sec 303.......  1058
  Market promotion program.............. PL 95-501 Sec 203.......  1050
  Program controls...................... PL 95-501 Sec 401-404...  1059
  Program limitations................... PL 95-501 Sec 416.......  1064
  Promotion of.......................... PL 95-501 Sec 103.......  1044
  Suspension of......................... PL 95-501 Sec 417.......  1065
  To People's Republic of China......... PL 99-198 Sec 1106......  1000
  Trade strategy development............ PL 95-501 Sec 103.......  1044
  U.S. policy........................... PL 99-198 Sec 1121......  1007
  Value-added........................... PL 95-501 Sec 303.......  1058
 Agricultural commodity sales
  Dairy products........................ PL 99-198 Sec 1163......  1012
 Agricultural credits and guarantees
  Multilateral disciplines on........... PL 104-127 Sec 282......   966
 Commodity Credit Corporation assistance
  Report to Congress.................... PL 95-501 Sec 603.......  1069
                                         PL 95-501 Sec 603.......  1069
 Control mechanisms
  Report to Congress.................... PL 104-106 Sec 1324(c)..   539
 Controls on
  National security implications........ PL 104-106 Sec 1322.....   535
 Foreign market development cooperator 
   program.............................. PL 95-501 Sec 702.......  1069
  Eligible trade organizations.......... PL 95-501 Sec 701.......  1069
 Iraq
  Prohibited items...................... PL 101-513 Sec 586G.....    31
 Non-defense production
  Financing assistance.................. PL 101-510 Sec 4303.....   753
  Transition to......................... PL 101-510 Sec 4303.....   753
 U.S. goods and services
  To the former Soviet Union............ PL 102-511 Sec 303(b)...    53

                                   F

Family planning
 (see Population growth)
Far-term follow-on technologies
 Management responsibilities............ PL 103-160 Sec 243......   591
Farmer-to-farmer program
 Establishing........................... PL 83-480 Sec 501.......   953
Feed grains surplus
 Overseas donations..................... PL 81-439 Sec 416(b)....   989
Food (perishable)
 International transport of............. PL 97-325 Sec 2.........  1090
Food
 (see also Agricultural commodity sales)
 (see also Agriculture)
 (see also FAO)
 (see also Food aid program)
 Wheat reserve
  Established........................... EO 12266................  1082
Food aid
 Africa
  Report to Congress.................... PL 99-8 Sec 6...........   159
 Commodity Credit Corporation
  Free enterprise....................... PL 99-198 Sec 1110(l)...  1004
 Dairy surplus.......................... PL 81-439 Sec 416(b)....   989
 Developing countries
  Promoting U.S. foreign policy......... PL 83-480 Sec 2.........   924
  Wheat reserve......................... PL 96-494 Title III.....  1078
 Distribution of
  Using PVOs............................ PL 83-480 Sec 202(e)....   931
 Military distribution of
  Conditions on......................... PL 83-480 Sec 403(i)....   943
 President's Emergency Food Assistance 
   Fund................................. PL 98-473 Sec 303.......  1014
  Report to Congress.................... PL 98-473 Sec 304.......  1015
 Special Assistant to the President for 
   Agricultural Trade and Food Aid...... PL 99-198 Sec 1113......  1005
 Wheat, rice, feed grains surplus....... PL 81-439 Sec 416(b)....   989
 World food needs
  Sense of Congress..................... PL 83-480 Sec 3.........   924
Food Aid Consultative Group
 Agricultural commodity sales........... PL 83-480 Sec 205.......   834
Food aid program
 Former Soviet Union
  PVO assistance........................ PL 102-511 Sec 703......    70
Food and Agricultural Organization
 (see FAO)
Food and Agriculture Act of 1977........ PL 95-113...............  1018
Food Assistance Policy Council
 Establishment of....................... EO 12752 Sec 3..........  1026
Food for Development Program
 Established............................ PL 83-480 Sec 301.......   936
Food for Freedom Program
 (see Food for Peace Act)
Food for Progress Act of 1985........... PL 99-198 Sec 1110......  1001
 Implementation of...................... EO 12752................  1025
Food sales
 (see Agricultural commodity sales)
Food Security Act of 1985............... PL 99-198...............   999
Food Security Wheat Reserve............. EO 12266................  1082
Food Security Wheat Reserve Act of 1980. PL 96-494 Title III.....  1078
Food supplies
 (see also Food aid program)
 International emergency reserves....... PL 81-439 Sec 111.......   988
Food, Agriculture, Conservation, and 
  Trade Act of 1990..................... PL 101-624..............   971
Foreign Agricultural Service
 Administrator of....................... PL 95-501 Sec 502.......  1066
 Appropriations, 1998................... PL 105-86 Title V.......   996
 Established............................ PL 95-501 Sec 503-506...  1067
Foreign aid
 (see also AID)
 (see also Disaster assistance)
 (see also Food aid)
 (see also Humanitarian assistance)
 (see also OPIC)
 Administration of...................... EO 12163................   330
 Commodities
  Coordinating disposition of........... PL 81-439 Sec 416(b)....   989
 Counterpart funds...................... PL 83-665 Sec 402.......   304
                                         PL 83-665 Sec 417.......   305
 Delegation of functions
  State Department...................... 45 FR 11655.............   343
 Development Coordination Committee..... EO 12163 Sec 1-506......   338
 Emergency Supplemental Assistance for 
   Israel Act of 1991................... PL 102-21...............   253
 Foreign aid program
  Implementation of..................... EO 11223................   363
 Former Soviet Union
  Rescission of funds................... PL 105-18 Title I.......   494
 Latin America.......................... PL 86-735 Sec 1.........   229
  (see also Inter-American Foundation)
  U.S. policy........................... PL 86-735 Sec 1.........   229
 Lebanon................................ PL 98-43................   256
 Mauritania
  Presidential certification............ PL 104-319..............   134
 Personnel
  (see also Peace Corps)
 Transport of supplies by Defense 
   Department
  Report to Congress.................... PL 98-525 Sec 1540(e)...   892
Foreign aid program
 Reallocation of funds.................. EO 12163 Sec 1-802......   341
Foreign assistance
 (see Foreign aid)
Foreign currencies
 (see Currencies, foreign)
Foreign Currency Fluctuations, Peace 
  Corp Account
 Authorization of appropriations........ PL 87-293 Sec 16(g).....  1123
 Established............................ PL 87-293 Sec 16........  1122
Foreign Currency Program
 Appropriations, 1998................... PL 105-86 Title V.......   996
Foreign Defense Critical Technology 
  Monitoring and Assessment, Office for. 10 USC 2517.............   428
Foreign gifts and decorations
 (see Gifts, foreign)
Foreign governments
 (see Governments, foreign)
Foreign market development cooperator 
  program
 Authorization of appropriations........ PL 95-501 Sec 703.......  1069
Foreign military sales
 Middle East
  Loan guaranties....................... PL 96-35 Sec 4..........   259
Foreign Military Sales Act
 (see Arms Export Control Act)
Foreign ministers
 (see Ambassadors)
Foreign Relations Persian Gulf Conflict 
  Emergency Supplemental Authorization 
  Act, Fiscal Year 1991................. PL 102-20...............    25
Foreign Service
 Allowances............................. PL 87-293 Sec 15(a).....  1120
 Assignments
  NATO.................................. PL 83-665 Sec 408.......   304
Foreign Service Reserve Officers........ PL 89-134 Sec 5.........  1137
Foreign trade
 (see Trade)
Forest products (U.S.)
 International competitiveness
  Enhancing............................. PL 101-624 Sec 1247.....   972
Forest Stewardship Act of 1990.......... PL 101-624 Sec 1201.....   971
Former Soviet Union Demilitarization Act 
  of 1992............................... PL 102-484 Sec 1401.....   649
Freedom for Russia and Emerging Eurasian 
  Democracies and Open Markets Support 
  Act of 1992........................... PL 102-511..............    45
FREEDOM Support Act..................... PL 102-511..............    45
Freedom Support Act
 Delegation of functions................ EO 12884................   132
FRIENDSHIP Act.......................... PL 103-199..............    38
Fugitives
 (see Refugees)

                                   G

General Accounting Office
 (see GAO)
General Government Matters Appropriation 
  Act, 1962............................. PL 87-125...............   317
George C. Marshall European Center for 
  Security Studies
 Use of contributions................... PL 103-337 Sec 1306.....   560
George C. Marshall European Center for 
  Strategic Security Studies
 Accepting foreign gifts................ PL 104-201 Sec 1065(a)..   510
 Foreign country participation.......... PL 104-201 Sec 1065(b)..   510
Germany-U.S. relations
 Air defense of U.S. military bases..... PL 98-525 Sec 105.......   875
 Patriot missile system................. PL 98-525 Sec 105.......   875
Gifts, foreign
 Property, services, and supplies
  Report to Congress.................... 10 USC 2608(e)..........   437
Global Positioning System
 Study of by Secretary of Defense....... PL 103-160 Sec 152......   579
Glomar Java Sea
 Ascertaining fate of survivors......... PL 98-525 Sec 1541......   892
Good Neighbor Environmental Board
 Establishment of....................... PL 102-532 Sec 6........   207
 Projects
  Report to Congress.................... PL 102-532 Sec 6(d).....   207
Governments, foreign
 Contributions of property, services, 
   and supplies
  Report to Congress.................... 10 USC 2608(e)..........   437
 Defense Department contract proposals
  Significant interest disclosure....... 10 USC 2327(a)..........   396
 Humanitarian assistance................ PL 98-525 Sec 1540......   891
 Personnel
  Peace Corps contribution.............. PL 87-293 Sec 14........  1119
 Weapons technology transfer
  Report to Congress.................... PL 102-190 Sec 1097.....   704
Governments, foreign-U.S. relations
 Defense cost-sharing agreements........ PL 102-190 Sec 1046.....   694
 Military training
  Inter-American Air Forces Academy..... 10 USC 9415.............   443
 Security arrangements with
  Report to Congress.................... PL 101-510 Sec 1456.....   738
Greece-U.S. relations
 Cyprus conflict........................ PL 94-104 Sec 2.........   299

                                   H

Health care
 Peace Corps volunteers................. PL 87-293 Sec 5(e)......  1104
 Swine influenza
  Control of............................ PL 94-302 Title III.....   315
Higgins, William R.
 Murder of
  Sense of Congress..................... PL 101-189 Sec 1638(b)..   784
Higher Education Amendments of 1986
 Peace Corps provisions................. PL 99-498...............  1138
Hong Kong
 Former Governor of
  Findings and sense of Congress........ PL 105-85 Sec 1232......   480
Horn of Africa Recovery and Food 
  Security Act.......................... PL 102-274..............   147
Hospital, American Children's
 Zablocki Outpatient Facility........... PL 98-266...............   122
Human rights
 Agricultural commodity sales........... PL 83-480 Sec 403(j)....   944
 Iraq
  Violation of U.N. Security Council 
   Resolution 688....................... PL 102-190 Sec 1096.....   703
  Violations in Kuwait.................. PL 101-513 Sec 586A(7)..    26
  Violations of......................... PL 101-513 Sec 
                                          586F(a)(4).............    29
                                         PL 101-513 Sec 586F(b)..    30
 Poland
  Violation of.......................... PL 100-456 Sec 1305.....   810
Human Rights, Refugee, and Other Foreign 
  Relations Provisions Act of 1996...... PL 104-319..............   134
Humanitarian assistance
 Afghan refugees........................ PL 99-145 Sec 305.......   860
  Extension of authorization............ PL 99-661 Sec 331.......   850
 Afghanistan refugees................... PL 101-510 Sec 303......   719
                                         PL 101-189 Sec 304......   761
                                         PL 100-456 Sec 303......   799
 Appropriations, FY 1993................ PL 102-396 Title II.....   677
 Center for Excellence in Disaster 
   Management........................... 10 USC 182..............   376
 Central America
  Using PVOs and international relief 
   organizations........................ PL 101-215 Sec 1........   223
 Defense Department
  Authorization of appropriations....... PL 105-85 Sec 301.......   448
                                         PL 104-201 Sec 301......   502
 Defense Department overseas programs
  Appropriations reductions............. PL 104-106 Sec 1008.....   532
  Appropriations, 1998.................. PL 105-56 Title II......   484
  Report to Congress.................... PL 104-106 Sec 1311.....   534
 Defense Department providing........... 10 USC 401..............   384
 Department of Defense.................. PL 103-160 Sec 1504.....   611
  Authorization of appropriations, FY 
   1992................................. PL 102-190 Sec 
                                          301(a)(17).............   684
  Authorization of appropriations, FY 
   1993................................. PL 102-484 Sec 301(17)..   628
                                         PL 102-190 Sec 
                                          301(c)(16).............   685
  Authorization of appropriations, FY 
   1996................................. PL 102-484 Sec 301(19)..   628
 Eastern Europe......................... PL 102-228 Title III....    76
 Estonia
  Sense of Congress..................... PL 101-510 Sec 1459(c)..   740
 Extension of authorization............. PL 100-180 Sec 331......   831
 Iraq
  Exemptions under U.N. Security Council 
   resolutions.......................... PL 101-513 Sec 586C(b)..    27
 Iraqi refugees......................... PL 102-45...............   251
 Land mine clearing..................... PL 103-160 Sec 306......   591
 Latvia
  Sense of Congress..................... PL 101-510 Sec 1459(c)..   740
 Lithuania
  Sense of Congress..................... PL 101-510 Sec 1459.....   739
 Nicaragua
  Child victims......................... PL 100-276 Sec 8........   227
  PVOs and international relief 
   organizations........................ PL 100-276 Sec 8........   227
 Non-Communist resistance forces
  Thailand and Cambodia................. PL 100-456 Sec 303......   799
 OHDACA programs
  Limitation on......................... PL 103-337 Sec 1411.....   576
 Secretary of Defense
  Report to Congress.................... 10 USC 2551(c)..........   434
  Transfer of funds..................... 10 USC 2551.............   434
                                         PL 102-484 Sec 304(b)...   629
  Transportation provided............... 10 USC 2551(c)..........   434
 Supplemental authorization of 
   appropriations, FY 1993.............. PL 103-160 Sec 1113.....   594
 Thai-Cambodian resistance forces....... PL 102-484 Sec 304(a)(2)   629
                                         PL 102-190 Sec 304......   685
                                         PL 101-510 Sec 303......   719
                                         PL 101-189 Sec 304......   761
 Transport of supplies by Defense 
   Department........................... 10 USC 402..............   387
  Report to Congress.................... PL 98-525 Sec 1540......   891
 Transportation relief
  Afghanistan........................... PL 102-484 Sec 304......   628
  Afghanistan invasion by Soviet Union.. PL 102-190 Sec 304......   685
 Unauthorized countries
  Report to Congress.................... 10 USC 2551(d)..........   435
 Use of appropriated funds.............. PL 105-56 Sec 8009......   486
 Using excess non-lethal supplies....... 10 USC 2547.............   434
Hungarian-American Enterprise Fund
 Annual report.......................... PL 101-179 Sec 201(p)...   102
 Authorization of appropriations........ PL 101-179 Sec 201(b)...    98
Hungary
 Central European Small Business 
   Enterprise Development Commission.... 67 Stat 232.............   129
 Credit unions
  U.S. policy on........................ PL 101-179 Sec 206......   105
 Environment
  Report to Congress.................... PL 101-179 Sec 703......   114
 Labor market reforms
  Assistance in......................... PL 101-179 Sec 202......   102
 Small business
  Management and technical assistance... 67 Stat 232.............   129
 Support for East European Democracy 
   (SEED)
  Democratic institutions support....... PL 101-179 Sec 501......   110
  Environmental programs................ PL 101-179 Sec 502......   110
  Multilateral support for.............. PL 101-179 Sec 101......    94
Hunger prevention
 (see Food aid)

                                   I

IBRD
 (see World Bank)
ICDA
 Reorganization Plan No. 2 of 1979...... RP 79-2.................   354
IDCA.................................... EO 12163 Sec 1-101......   330
 Authority
  Additional delegations and limitations EO 12163 Sec 1-601......   338
 Delegation of authority................ 44 FR 57521.............   349
                                         44 FR 65485.............   353
 Delegation of functions to............. EO 12163 Sec 1-102......   330
 Establishment of
  Reorganization Plan No. 2 of 1979..... RP 79-2.................   354
 Freedom Support Act
  Delegated functions................... EO 12884 Sec 3..........   132
 International Development Cooperation 
   Agency Delegation of Authority No. 1. 44 FR 57521.............   349
 International Development Cooperation 
   Agency Delegation of Authority No. 2. 44 FR 65485.............   353
IFIs
 South Africa
  Democratic transition support......... PL 103-149 Sec 9........   145
Immigration (U.S.)
 Iraqi armed forces members
  Admission to U.S...................... PL 103-160 Sec 1164.....   595
Immigration, foreign
 Latin America
  Ryukyuan migrants..................... PL 86-735 Sec 4.........   231
Imports
 Cuban sugar
  Countries re-exporting................ PL 101-624 Sec 903......   971
 Educational and cultural materials
  (see Educational and cultural 
    exchange)
Independent States Business and 
  Agriculture Advisory Council
 Establishment of....................... PL 102-511 Sec 302......    53
India-U.S. relations
 Drug control
  Imports of narcotics raw material..... PL 101-647 Sec 2501.....   275
Indochina War
 POWs/MIAs
  Disclosing information on............. PL 102-190 Sec 1082.....   700
Institute for Scientific and 
  Technological Cooperation............. EO 12163 Sec 1-4........   336
Intellectual property rights
 Inadequate protection of
  Consideration with respect to 
   procurement.......................... PL 101-189 Sec 852......   764
Inter-American Air Forces Academy
 Operation of........................... 10 USC 9415.............   443
Inter-American Development Bank
 (see IADB)
Inter-American Social Development 
  Institute
 (see Inter-American Foundation)
International agreements
 (see Executive-legislative relations)
International Atomic Energy Agency
 Inspecting U.S. nuclear weapons 
   facilities
  restrictions on....................... PL 104-106 Sec 3154.....   545
International Bank for Reconstruction 
  and Development
 (see World Bank)
International Carriage of Perishable 
  Foodstuffs Act........................ PL 97-325...............  1090
International Cooperation to Protect 
  Biological Diversity.................. PL 100-530..............   314
International Cotton Advisory Committee
 U.S. participation..................... PL 104-127 Sec 283......   967
International Development Cooperation 
  Agency
 (see IDCA)
International Forest Products Trade 
  Institute
 Establishing........................... PL 101-624 Sec 1247.....   972
International Fund for Agricultural 
  Development
 (see IFAD)
International law
 (see Arbitration)
 (see OAS)
 (see U.N.)
 Iraq
  Violation of.......................... PL 101-513 Sec 586F.....    29
International Narcotics Control Act of 
  1986.................................. PL 99-570 Title II......   290
International Narcotics Control Act of 
  1988.................................. PL 100-690 Title IV.....   287
International Narcotics Control Act of 
  1989.................................. PL 101-231 Sec 1........   277
International Narcotics Control Act of 
  1990.................................. PL 101-623 Sec 1........   267
International Narcotics Control 
  Corrections Act of 1994............... PL 103-447..............   265
International organizations
 (see also respective institutions)
 Personnel
  Peace Corps contribution.............. PL 87-293 Sec 14........  1119
International peacekeeping activities
 U.S. support for....................... PL 103-160 Sec 1501.....   609
                                         PL 102-484 Sec 1342.....   644
Iran
 Iraq Sanctions Act of 1990
  Applicability......................... PL 102-484 Sec 1603.....     6
Iran-Iraq Arms Non-Proliferation Act of 
  1992.................................. PL 102-484 Sec 1601.....     5
Iran-U.S. relations
 Arms control
  Policy toward......................... PL 102-484 Sec 1602.....     5
 Foreign aid
  Direct funding prohibition............ PL 105-118 Sec 507......    10
  Indirect funding prohibition.......... PL 105-118 Sec 523......    10
Iraq
 Actions with respect to
  Multilateral cooperation.............. PL 101-513 Sec 586F(d)..    31
 International financial assistance
  U.S. opposition to.................... PL 101-513 Sec 586G(5)..    32
 Terrorism
  Support for acts of................... PL 101-513 Sec 586F(c)..    30
 U.N. sanctions against
  Countries not in compliance........... PL 105-118 Sec 534......    11
 Violation of U.N. Security Council 
   Resolution........................... 687.....................
  Sense of Congress..................... PL 102-190 Sec 1095.....   703
 Violation of U.N. Security Council 
   Resolution........................... 688.....................
  Sense of Congress..................... PL 102-190 Sec 1096.....   703
Iraq Sanctions Act of 1990.............. PL 101-513 Sec 586-586J.    26
 Iran
  Applicability......................... PL 102-484 Sec 1603.....     6
Iraq-U.S. relations
 Arms control
  Policy toward......................... PL 102-484 Sec 1602.....     5
 Foreign aid
  Direct funding prohibition............ PL 105-118 Sec 507......    10
  Indirect funding prohibition.......... PL 105-118 Sec 523......    10
 Invasion of Kuwait
  Declarations.......................... PL 101-513 Sec 586A.....    26
  Trade embargo......................... PL 101-513 Sec 586C.....    27
 Rebuilding with U.S. funds
  Sense of Congress..................... PL 102-25 Sec 607.......    23
Ireland-U.S. relations
 Agriculture
  Exchanging information................ PL 99-198 Sec 1420......  1013
 Counterpart funds...................... PL 83-665 Sec 417.......   305
 Promoting reconciliation............... PL 99-415...............   262
Israel-U.S. relations
 Arab boycott
  Defense Department contracts.......... 10 USC 2410i............   424
  Department of Defense contracts 
   policies............................. PL 102-190 Sec 1075.....   699
 Arms sales
  Loan guaranties....................... PL 96-35 Sec 4..........   259
 Arrow Tactical Anti-Missile program.... PL 103-160 Sec 238......   588
 Defense cooperation
  Sense of Congress..................... PL 103-337 Sec 1321.....   566
 Defense industrial cooperation......... PL 102-484 Sec 205......   624
 Military aid........................... PL 93-199...............   301
                                         PL 91-441 Sec 501.......   910
 Military equipment
  Arrow Tactical Anti-Missile program... PL 102-190 Sec 241......   682
 Naval port facilities
  Sense of Congress..................... PL 104-106 Sec 1336.....   540
 Persian Gulf conflict
  Authorization of supplemental 
   appropriations....................... PL 102-21...............   253
 Satellite imagery
  Prohibition on collection and release. PL 104-201 Sec 1064.....   509
Italy-U.S. relations
 Air defense of U.S. military bases..... PL 98-525 Sec 105.......   875
 Cooperative agreements
  Air defense........................... PL 102-190 Sec 1050.....   696

                                   J

Japan
 U.S. defense expenditures in
  Report to Congress.................... PL 100-456 Sec 1009(b)..   805
Japan-U.S. relations
 Burden sharing
  Sense of Congress..................... PL 101-510 Sec 1455.....   737
 Ceiling on U.S. Armed Forces in........ PL 101-510 Sec 1455.....   737
 Contributions to common defense........ PL 98-94 Sec 1102.......   894
 Department of Defense Technology office
  Establishing.......................... PL 101-510 Sec 248......   719
 Global security
  Expanded Japanese role................ PL 101-189 Sec 913......   771
                                         PL 100-456 Sec 1009.....   805
                                         PL 100-180 Sec 1012.....   835
 Japanese agricultural markets access... PL 100-418 Sec 4608.....  1040
 Japanese trade with Vietnam
  Sense of Congress..................... PL 100-180 Sec 1404.....   844
 Language training
  Grants program established............ 10 USC 2198.............   393
 Personal vehicles of U.S. military 
   personnel............................ PL 98-525 Sec 653.......   881
 Security relationship
  Report to Congress.................... PL 103-337 Sec 1325.....   571
 Semiconductor trade agreement
  Sense of Congress..................... PL 104-201 Sec 1081.....   511
 Technological R&D
  Cooperation........................... PL 102-190 Sec 255......   684
                                         PL 101-510 Sec 1454.....   735
 U.S. armed forces in
  Ceiling on............................ PL 101-511 Sec 8105.....   791
  Contributions in support of........... PL 101-510 Sec 1455.....   737
                                         PL 101-511 Sec 8105.....   791
 U.S. defense expenditures in
  Report to Congress.................... PL 100-180 Sec 1011.....   835
 U.S. defense expenditures in
  Report to Congress.................... PL 101-189 Sec 913......   771
Johnson Act
 Financial Transactions with Foreign 
   Governments
  Former Soviet Union................... PL 102-511 Sec 902......    71
Joint Chiefs of Staff
 Military roles and missions
  Report to Secretary of Defense........ PL 102-484 Sec 901......   630
Joint Commission on Rural Reconstruction 
  in China
 U.S. membership in..................... PL 83-665 Sec 536.......   308
Jordan Supplemental Economic Assistance 
  Authorization Act of 1985............. PL 99-88 Sec 401........   254
Jordan-U.S. relations
 Arms sales
  Joint resolution on................... PL 99-162...............   298
 Foreign aid............................ PL 99-88 Sec 402........   254
  Presidential certification............ PL 99-88 Sec 403(b).....   255

                                   K

Korea (Republic of)-U.S. relations
 Korean beef market access.............. PL 100-418 Sec 4607.....  1039
 Korean military readiness.............. PL 103-337 Sec 1322.....   567
 National security
  Expanded Korean role.................. PL 101-189 Sec 915......   772
 U.S. military presence in
  Findings of Congress.................. PL 102-190 Sec 1044.....   693
Korea, North
 Nuclear weapons development
  Sense of Congress..................... PL 103-337 Sec 1324.....   569
Korea, North-U.S. relations
 Foreign aid prohibition................ PL 105-56 Sec 8066......   488
Korean Airlines (KAL) Flight 7
 Soviet Union (former)-U.S. relations... PL 103-199 Sec 201......    42
Kuwait
 Rebuilding
  Sense of Congress..................... PL 102-25 Sec 606.......    22
Kuwait-U.S. relations
 Department of Defense
  Limitation on obligations............. PL 105-56 Sec 8033......   487

                                   L

Language proficiency
 Foreign service officers............... PL 101-624 Sec 1556.....   986
Language training
 Japanese
  Grants program established............ 10 USC 2198.............   393
 Peace Corps............................ PL 87-293 Sec 24........  1125
Latin America
 (see also Alliance for Progress)
 Development
  (see Alliance for Progress)
 Education
  (see Education)
 Enterprise for the Americas Facility
  Establishing.......................... PL 83-480 Sec 602.......   209
 Environment for the Americas Board
  Establishing.......................... PL 83-480 Sec 610.......   243
 Free trade zone
  Effect on U.S......................... PL 102-532 Sec 5........   206
 OAS
  (see OAS)
 Ryukyuan Archipelago
  Immigration from...................... PL 86-735 Sec 4.........   231
 U.S. relations with
  Foreign aid........................... PL 86-735 Sec 1.........   229
Latin America-U.S. relations
 Enterprise for the Americas Initiative
  Implementation of..................... EO 12757................   232
                                         EO 12757................   232
Latin American Development Act.......... PL 86-735...............   229
Latvia
 Graduate students
  USIA scholarships..................... PL 102-138 Sec 227......    82
 Humanitarian assistance
  Sense of Congress..................... PL 101-510 Sec 1459(c)..   740
 Nonlethal defense articles
  Eligibility for....................... PL 102-511 Sec 906......    71
Law enforcement officials (U.S.)
 Assistance from Defense Department..... 10 USC 380..............   382
LDCs
 (see Less-developed countries)
Least developed countries
 Agricultural commodity sales
  Bilateral grants...................... PL 83-480 Sec 301.......   936
  Eligibility........................... PL 83-480 Sec 302.......   937
  Grant programs........................ PL 83-480 Sec 303.......   937
Lebanon Emergency Assistance Act of 1983 PL 98-43................   256
Lebanon-U.S. relations
 Economic Support Fund
  Foreign aid........................... PL 98-43 Sec 2..........   256
 Military aid........................... PL 98-43 Sec 3..........   257
 U.S. Armed Forces in................... PL 98-43 Sec 4..........   257
Lending institutions
 (see MDBs)
Less-developed countries
 (see also Africa)
 (see also Latin America)
 Agricultural commodity imports
  (see Agricultural commodity sales)
Liberia-U.S. relations
 Peace process
  Sense of Congress..................... PL 102-270..............   156
Libya-U.S. relations
 Foreign aid
  Direct funding prohibition............ PL 105-118 Sec 507......    10
  Indirect funding prohibition.......... PL 105-118 Sec 523......    10
Lithuania
 Graduate students
  USIA scholarships..................... PL 102-138 Sec 227......    82
 Humanitarian assistance
  Sense of Congress..................... PL 101-510 Sec 1459.....   739
 Nonlethal defense articles
  Eligibility for....................... PL 102-511 Sec 906......    71
Loyalty
 (see also Nationality)
 Oath of allegiance
  Peace Corps volunteers................ PL 87-293 Sec 5(j)......  1106
 Peace Corps............................ PL 87-293 Sec 5(j)......  1106
 Security investigations................ PL 87-293 Sec 5(j)......  1106

                                   M

Mauritania-U.S. relations
 Foreign aid
  Presidential certification............ PL 104-319..............   134
Mediation
 (see also Arbitration)
Memoranda of understanding and related 
  agreements
 Defense, Secretary of.................. 10 USC 2531.............   429
Merchant marine (U.S.)
 Transporting agricultural commodity 
   exports.............................. PL 99-198 Sec 1141......  1011
Merchant Marine Act of 1936, as amended. 49 Stat 1985............   347
Mexico
 Elections
  Findings and sense of Congress........ PL 105-85 Sec 1230......   478
Mexico-U.S. relations
 Agriculture
  Center for North American Studies..... PL 102-532 Sec 4........   206
 Drug control
  Assistance limitation................. PL 101-231 Sec 7........   281
  Authorization of appropriations....... PL 105-85 Sec 1032......   452
                                         PL 104-201 Sec 1031.....   503
 Environmental projects
  Good Neighbor Environmental Board..... PL 102-532 Sec 6........   207
MIAs
 (see also Indochina War)
 Families of
  Support center........................ PL 102-190 Sec 1083.....   702
 Indochina
  Accounting of......................... PL 98-525 Sec 1525......   890
 Information on
  Public availability of................ PL 102-190 Sec 1082.....   700
Middle East
 (see also Israel-U.S. relations)
 Israel-U.S. relations
  Military aid.......................... PL 91-441 Sec 501.......   910
 Peace efforts
  Military aid in support of............ PL 96-35 Sec 2..........   258
  Support from countries................ PL 96-35 Sec 7..........   260
 U.S. relations with
  Military aid.......................... PL 93-199...............   301
 Water resources
  Sense of Congress..................... PL 104-201 Sec 268......   502
Middle East Peace Facilitation Act of 
  1993.................................. PL 103-125..............   248
Middle East Peace Facilitation Act of 
  1994.................................. PL 103-236 Sec 581......   244
Middle East Peace Facilitation Act of 
  1995.................................. PL 104-107 Title VI.....   236
Military (U.S.)
 (see also Mutual defense)
 Ballistic missile defense
  Report to Congress.................... PL 99-145 Sec 226.......   860
 Bottom-up-Review
  Korean peninsula...................... PL 103-337 Sec 1323.....   568
 Combat duty in Nicaragua
  Sense of Congress..................... PL 99-145 Sec 1451......   873
 Cooperating with civilian law 
   enforcement officials................ 10 USC 380..............   382
 Culebra training operations............ PL 93-365 Sec 704.......   908
 Defense build down
  Findings of Congress.................. PL 102-484 Sec 4101.....   675
 Defense capability assessment
  Report to Congress.................... 10 USC 113(i)...........   367
 Dual basing
  Report to Congress.................... PL 101-510 Sec 2801.....   744
 Humanitarian assistance................ 10 USC 401..............   384
 Intelligence information
  Civilian use of....................... 10 USC 371..............   377
 Lebanon force.......................... PL 98-43 Sec 4..........   257
 Mobility of
  Report to Congress.................... PL 101-510 Sec 909......   725
 National Contingency Operation......... 10 USC 127a.............   371
 National Contingency Operation 
   Personnel Fund....................... 10 USC 127a(f)..........   373
 National strategy
  Presidential presentation to Congress. PL 101-510 Sec 1469.....   740
  Report to Congress.................... PL 101-510 Sec 901......   724
 Number of members on active duty....... 10 USC 691..............   389
 Operations
  Funding not previously provided for... 10 USC 127a(d)..........   373
 Outer space
  Control capabilities.................. PL 100-456 Sec 243......   798
 Peace operations
  Adequate protection equipment......... PL 105-85 Sec 1052......   458
 Persian Gulf forces
  Commendation of....................... PL 100-180 Sec 1401.....   842
 Personnel
  International exchange agreements..... PL 104-201 Sec 1082.....   512
 Ready Reserve
  Sense of Congress..................... PL 101-510 Sec 1432.....   734
 Report to Congress..................... PL 93-365 Sec 302.......   907
 Reserve components
  Armored forces........................ PL 101-510 Sec 1434.....   734
 Retired members
  Serving with newly democratic nations. 10 USC 1060.............   390
                                         PL 103-160 Sec 1433.....   607
 Roles and missions
  Report to Congress.................... PL 102-484 Sec 901......   630
 Special operations forces.............. PL 99-145 Sec 1453......   874
 Stationed abroad
  Andean countries...................... PL 101-623 Sec 8........   273
  Civilian personnel reduction in Europe PL 101-189 Sec 314......   762
  Conventional force reductions......... PL 101-189 Sec 901......   764
  Costs incurred........................ 10 USC 113(j)...........   368
  Crotone, Italy........................ PL 102-190 Sec 2851.....   708
                                         PL 101-510 Sec 1456.....   738
  End strength in Europe................ PL 103-337 Sec 1303.....   559
  Environmental compliance.............. PL 101-510 Sec 342......   721
  Environmental restoration............. PL 102-484 Sec 324......   629
  Europe................................ PL 100-180 Sec 1002.....   834
                                         PL 93-365 Sec 302.......   907
  Europe limitation..................... PL 98-94 Sec 1103.......   896
  Force level reductions................ PL 103-160 Sec 1401(c)..   600
  Funding limitation.................... PL 103-337 Sec 1311.....   561
  Limitation on......................... 10 USC 123b.............   370
  Limitation on foreign national 
   employees............................ PL 102-190 Sec 1054.....   697
  Relocating functions.................. PL 101-189 Sec 921......   775
  Report to Congress.................... PL 102-484 Sec 1304.....   637
  Salaries of foreign national employees PL 101-510 Sec 1456.....   738
  Severance pay to foreign nationals.... PL 101-189 Sec 311......   762
  Termination of operations............. PL 101-510 Sec 2921.....   746
 Stationed outside the U.S.
  Reports to Congress................... PL 105-85 Sec 1221(d)...   469
                                         PL 104-201 Sec 1084(d)..   515
 Training civilian law enforcement 
   officials............................ 10 USC 374..............   379
  Restrictions on participation......... 10 USC 375..............   380
Military aid (U.S.)
 (see also Arms sales)
 (see also Economic Support Fund)
 (see also Mutual defense)
 Defense articles
  Export loan guarantees................ PL 103-160 Sec 1186.....   595
  Transfer of........................... PL 80-253 Sec 505.......   309
 Drug control
  Exemptions for law enforcement 
   agencies............................. PL 103-447 Sec 104......   265
 Israel................................. PL 93-199...............   301
 Middle East
  Loan guaranties....................... PL 96-35 Sec 4..........   259
  Peace treaty support.................. PL 96-35 Sec 2..........   258
 Turkey................................. PL 94-104 Sec 2.........   299
Military bases abroad
 (see Military (U.S.), stationed abroad)
Military construction
 Authorization of appropriations
  Expirations........................... PL 102-190 Sec 2701.....   707
Military Construction Authorization Act 
  for Fiscal Year 1991.................. PL 101-510 Sec 2001.....   743
Military Construction Authorization Act 
  for Fiscal Year 1992.................. PL 102-190 Sec 2001.....   707
Military equipment (U.S.)
 ABM Treaty
  Compliance with....................... PL 103-337 Sec 231......   550
 Anti-ballistic missile program
  Authorizations........................ PL 103-160 Sec 159......   580
  Funding restrictions.................. PL 102-190 Sec 242......   683
 Anti-ballistic missiles
  Development and testing............... PL 102-484 Sec 235......   626
                                         PL 101-510 Sec 222......   716
                                         PL 101-189 Sec 223......   757
                                         PL 100-456 Sec 223......   797
                                         PL 100-180 Sec 225......   824
 Anti-satellite weapons................. PL 98-94 Sec 1235.......   901
 Anti-tactical ballistic missiles
  Development of........................ PL 101-510 Sec 225......   717
 Arrow tactical anti-missile program
  Development of........................ PL 101-510 Sec 225(b)...   717
 Arrow Tactical Anti-Missile program
  Development of........................ PL 103-160 Sec 238......   588
 Ballistic missile defense
  Cooperation with allies............... PL 104-106 Sec 236......   527
  Program elements...................... PL 104-106 Sec 251......   528
  Report to Congress.................... PL 104-201 Sec 243......   500
 Ballistic Missile Defense Organization. PL 103-160 Sec 231......   582
  Clementine program.................... PL 103-160 Sec 241......   590
 Ballistic missile defense systems
  ABM Treaty compliance................. PL 103-337 Sec 231......   550
 BIGEYE binary chemical bomb
  Production of......................... PL 100-456 Sec 116......   794
 Civilian use of........................ 10 USC 372..............   378
 Clementine Satellite program........... PL 103-160 Sec 241......   590
 Corps SAM/MEADS
  Authorization of appropriations....... PL 104-201 Sec 241......   499
 Exports
  Export financing...................... PL 101-189 Sec 825......   763
 F-22 advanced tactical fighter
  Sale to foreign governments........... PL 105-56 Sec 8118......   490
 ICBM dismantlement
  Limitation on......................... PL 103-337 Sec 221......   550
 ICBM modernization
  Authorization of appropriations, FY 
   1992................................. PL 102-190 Sec 222......   681
  Sense of Congress..................... PL 101-510 Sec 231......   718
 Limited Defense System Program
  Authorization of appropriations....... PL 103-160 Sec 236......   586
  testing............................... PL 103-160 Sec 237......   587
 M-X missile program
  Modernization of...................... PL 100-180 Sec 220......   822
 Midgetman missile program
  Modernization of...................... PL 100-180 Sec 220......   822
 Minuteman III ICBMs
  Redeployment or transfer.............. PL 102-190 Sec 153......   680
  Report to Congress.................... PL 102-190 Sec 153......   680
 Missile defense program
  ABM Treaty compliance................. PL 103-337 Sec 231......   550
  Allocation of funds................... PL 103-160 Sec 231(b)...   583
  Flight tests limitations.............. PL 103-337 Sec 234......   552
  Limitations on funds.................. PL 104-201 Sec 241(b)-
                                          (c)....................   499
  Presidential certification............ PL 104-201 Sec 242......   500
 Missiles and missile technology
  U.S. policy on........................ PL 101-510 Sec 1701.....   742
 MX missile
  Policy on additional acquisitions..... PL 98-525 Sec 110.......   876
 M1 or M1-A1 Abrams tank
  Co-production of...................... PL 100-180 Sec 1023.....   837
 National Missile Defense System
  Authorization of appropriations....... PL 104-201 Sec 241......   499
 Navy Upper Tier system
  Authorization of appropriations....... PL 104-201 Sec 241......   499
 Patriot Advanced Capability-3.......... PL 103-160 Sec 233......   584
 Patriot II ATBM program
  Development of........................ PL 101-510 Sec 225(b)...   717
 Procured by European military.......... PL 102-190 Sec 832......   687
 Space launch modernization............. PL 103-160 Sec 213......   581
 Space-based missile warning and 
   surveillance
  Authorizations........................ PL 103-160 Sec 159......   580
 Tactical antisatellite technologies
  Authorization of appropriations....... PL 104-201 Sec 231......   498
 THAAD
  Authorization of appropriations....... PL 104-201 Sec 241......   499
 Theater missile defense interceptors
  testing............................... PL 104-106 Sec 252......   529
                                         PL 103-160 Sec 237......   587
 Theater Missile Defense program........ PL 103-160 Sec 231(b)(1)   583
 Transfer of
  Notice to Congress.................... PL 80-253 Sec 505.......   309
 Transfer to certain nations
  Restrictions on....................... PL 100-456 Sec 1307.....   811
 Transfer to Europe
  Sense of Congress..................... PL 101-510 Sec 231......   718
                                         PL 101-510 Sec 357......   722
 Transfer to Saudi Arabia............... PL 100-456 Sec 1306.....   811
 Trident II (D-5) missile
  START II treaty options............... PL 103-160 Sec 122......   579
Military equipment
 Anti-personnel land mines
  Export controls....................... PL 103-160 Sec 1423.....   605
                                         PL 102-484 Sec 1365.....   647
 Missiles
  Technology control.................... PL 101-510 Sec 1701.....   742
 Missiles and missile technology
  Transfer of........................... PL 101-510 Sec 1701.....   742
 Taepo Dong II missile
  U.S. defense capability............... PL 104-201 Sec 246......   501
Military exercises
 Developing countries
  Expenses paid by U.S.................. 10 USC 2010.............   391
Military procurement (U.S.)
 Cuban or Soviet Union produced nickel
  Products containing................... PL 98-525 Sec 1544......   893
 Imported materials
  Impact on U.S. industrial base........ PL 98-525 Sec 1522......   889
 Non-U.S. items
  Restrictions on....................... PL 102-396 Sec 9005.....   677
Military sales
 (see Arms sales)
Military training
 Special operations forces
  Expenses paid by U.S.................. 10 USC 2011.............   392
Missile Defense Act of 1991
 Repeal of.............................. PL 104-106 Sec 237......   528
Missile Technology Control Regime
 Arms export controls................... PL 101-510 Sec 1701.....   742
Missiles
 (see Military equipment (U.S.)
Missing-in-action
 (see Indochina War, MIAs)
Montenegro-U.S. relations
 Foreign aid prohibition................ PL 103-160 Sec 1511.....   612
Multilateral Investment Guarantee Agency
 Former Soviet Union
  Report to Congress.................... PL 102-511 Sec 1009.....    75
Multilateral organizations
 (see International organizations)
Muskie Fellowships
 Soviet Union-Eastern Europe
  Law and business training scholarships PL 102-138 Sec 227(f)...    83
Muskie, Edmund S. Fellowship Program.... PL 102-511 Sec 801......    70
Mutual defense
 Security arrangements
  Report to Congress.................... PL 101-510 Sec 1457.....   738
Mutual defense treaties
 Cost-sharing agreements................ PL 102-190 Sec 1046.....   694
Mutual Educational and Cultural Exchange 
  Act of 1961
 (see also Educational and cultural 
   exchange)
Mutual Security Act of 1954............. PL 83-665...............   304
Mutual Security Act of 1959............. PL 86-108...............   303

                                   N

Narcotics
 (see Drug control)
National Advisory Commission on 
  Agricultural Export Transport Policy
 Duties................................. 49 Stat 1985 Sec 901h...   326
 Establishing........................... 49 Stat 1985 Sec 901g...   325
National Advisory Council on 
  International Monetary and Financial 
  Policies
 Report to Congress..................... PL 99-570 Sec 2018(c)...   291
National and Community Service Act of 
  1990.................................. PL 101-610..............  1139
National and Community Service, 
  Corporation for
 Authority to provide assistance........ PL 101-610 Sec 121......  1139
 Directors.............................. PL 101-610 Sec 191......  1144
 Established............................ PL 101-610 Sec 191......  1144
 Peace Corps training assistance........ PL 101-610 Sec 198(h)...  1145
 VISTA training......................... PL 101-610 Sec 198(h)...  1145
National Commission on Agricultural 
  Trade and Export Policy............... PL 97-98 Sec 1219.......  1086
National Commission on Defense and 
  National Security
 Establishment of....................... PL 101-511 Sec 8104.....   787
 Report to Congress..................... PL 101-511 Sec 8104.....   787
National Contingency Operation
 Designated by Secretary of Defense..... 10 USC 127a.............   371
 Personnel Fund......................... 10 USC 127a.............   371
 War Powers Resolution
  Coordination with..................... 10 USC 127a(f)..........   373
National Contingency Operation Personnel 
  Fund
 Authorization of appropriations, FY 
   1994................................. PL 103-160 Sec 1108.....   594
National defense
 Against the Taepo Dong II missile...... PL 104-201 Sec 246......   501
 Authorization of Appropriations, 1996
  Reductions of......................... PL 104-106 Sec 1008.....   532
 Ballistic missile defense
  U.S. policy........................... PL 104-106 Sec 233......   524
 Ballistic missile proliferation
  Findings of Congress.................. PL 104-106 Sec 232......   523
 Emerging operational concepts
  Report to Congress.................... PL 104-201 Sec 1042.....   507
 Military strategy
  Presidential presentation to Congress. PL 101-510 Sec 1469.....   740
  Report to Congress.................... PL 101-510 Sec 901......   724
 Missiles
  Repeal of provisions.................. PL 104-106 Sec 253......   529
 Theater missile defense
  U.S. policy........................... PL 104-106 Sec 234......   524
 Theater missile defense system
  International agreement on............ PL 104-106 Sec 235......   526
National Defense Authorization Act for 
  Fiscal Year 1991...................... PL 101-510..............   711
National Defense Authorization Act for 
  Fiscal Year 1993...................... PL 102-484..............   622
National Defense Authorization Act for 
  Fiscal Year 1994...................... PL 103-160..............   578
National Defense Authorization Act for 
  Fiscal Year 1995...................... PL 103-337..............   546
National Defense Authorization Act for 
  Fiscal Year 1996...................... PL 104-106..............   521
                                         PL 103-337 Note.........   547
National Defense Authorization Act for 
  Fiscal Year 1997...................... PL 104-201..............   497
National Defense Authorization Act for 
  Fiscal Year 1998...................... PL 105-85...............   444
National Defense Authorization Act for 
  Fiscal Years 1988 and 1989............ PL 100-180..............   820
National Defense Authorization Act for 
  Fiscal Years 1990 and 1991............ PL 101-189..............   755
National Defense Authorization Act for 
  Fiscal Years 1992 and 1993............ PL 102-190..............   679
National Defense Authorization Act, 
  Fiscal Year 1989...................... PL 100-456..............   793
National Defense Missile Defense Plan
 Report to Congress..................... PL 104-201 Sec 245......   501
National Drug Control Program........... EO 12880................   294
National Drug Intelligence Center
 Appropriations......................... PL 103-139 Sec 8056.....   621
National Drug Operations Center
 Feasibility study
  Report to Congress.................... PL 101-189 Sec 1213.....   779
National emergency
 Chemical or biological weapons
  Secretary of Defense.................. 10 USC 382..............   382
 Chemical, biological, radiological, or 
   nuclear attack
  U.S. preparedness..................... PL 104-106 Sec 379......   530
 End strength limitation
  Suspension of......................... 10 USC 123a.............   370
National Missile Defense Joint Program 
  Office
 Adverse effects on private sector 
   employment........................... PL 104-201 Sec 247......   501
National Missile Defense Program
 Authorization of appropriations........ PL 105-85 Sec 231(d)....   446
 Plan for dvelopment and deployment..... PL 105-85 Sec 231(c)....   445
 Structure and funding.................. PL 105-85 Sec 231.......   445
National Missile Defense system
 Findings of Congress................... PL 104-106 Sec 232......   523
National Narcotics Border Interdiction 
  System
 Sense of Congress...................... PL 101-189 Sec 1214.....   780
National security
 (see also National Security Council)
 Agricultural commodity exports
  Suspension of......................... PL 95-501 Sec 417.......  1065
 Cuban threat to
  Assessment of......................... PL 105-85 Sec 1228......   476
 Export controls
  Report to Congress.................... PL 104-106 Sec 1322(c)..   536
  Sense of Congress..................... PL 104-106 Sec 1322.....   535
 Export licenses
  Biological pathogens.................. PL 104-106 Sec 1323.....   537
 Findings of Congress................... PL 102-484 Sec 4101.....   675
National Security Act of 1947........... PL 80-253...............   309
National security programs
 Energy Department
  Authorization of appropriations, FY 
   1991................................. PL 102-25 Sec 801.......    24
National service programs
 Alaska
  Yukon-Kuskokwim Delta................. PL 101-610 Sec 198D.....  1145
 Grant eligibility...................... PL 101-610 Sec 122......  1140
 Participant recruitment and placement.. PL 101-610 Sec 138......  1143
 Urban Youth Corps...................... PL 101-610 Sec 122......  1140
National Service Trust Program.......... PL 101-610..............  1139
National Shipbuilding and Shipyard 
  Conversion Act of 1993................ PL 103-160 Sec 1351.....   597
National Voluntary Action Program....... EO 12137 Sec 1-5........  1149
Nationality
 (see also Refugees)
Nationalizations
 (see also Foreign claims)
NATO
 Acquisition and cross-servicing 
   agreements........................... 10 USC 2341.............   399
  Applicable law........................ 10 USC 2343.............   401
 Acquisition and cross-servicing 
   agreements with U.S.
  Definitions........................... 10 USC 2350.............   406
 Acquisitions and transfers
  Methods of payment.................... 10 USC 2344.............   401
 Admitting new members
  Findings of Congress.................. PL 105-56 Sec 8122......   491
  Report to Congress.................... PL 105-56 Sec 8122(b)...   491
 Appropriations expiration of........... PL 101-510 Sec 2701.....   744
 Armaments cooperation with member 
   countries
  Report to Congress.................... PL 98-525 Sec 1006......   887
 Authorization of appropriations........ PL 101-510 Sec 2502.....   743
 Autonomy of action
  Sense of Congress..................... PL 103-337 Sec 1302(b)..   558
 AWACS program
  Authority of Secretary of Defense..... 10 USC 2350e............   415
 Contributions by allies
  Report to Congress.................... PL 98-525 Sec 1003......   884
                                         PL 98-94 Sec 1102.......   894
 Conventional forces
  Improvement of........................ PL 98-525 Sec 1002......   882
                                         PL 98-94 Sec 1104.......   897
 Cooperative logistic support agreements 10 USC 2350d............   414
 Cooperative programs................... PL 98-94 Sec 1101.......   894
  Authorization of appropriations, 1985. PL 98-525 Sec 105.......   875
  Authorization of appropriations, 1986. PL 99-145 Sec 106.......   857
  Limitation on obligations............. PL 99-145 Sec 106.......   857
                                         PL 98-525 Sec 105.......   875
 Cooperative research and development 
   projects
  Allied countries...................... 10 USC 2350a............   407
 Cross-servicing agreements with U.S.... 10 USC 2342.............   400
 Currency deposits
  Use of................................ PL 105-56 Sec 8019......   486
 Defense industrial cooperation......... PL 97-252 Sec 1122......   903
 Deterrence requirements
  Report to Congress.................... PL 100-180 Sec 1001.....   833
 Enlargement of
  Report to Congress.................... PL 105-85 Sec 1223......   470
                                         PL 104-201 Sec 1048.....   508
  Sense of Congress..................... PL 105-85 Sec 1223......   470
                                         PL 105-85 Sec 1224......   472
 European air defense agreements
  Authority of Secretary of Defense..... PL 98-525 Sec 1007......   887
 Expansion of
  Costs identified in annual budget..... PL 105-56 Sec 8116......   490
 Findings of Congress................... PL 103-337 Sec 1302(a)..   557
 Force reductions
  Implications of....................... PL 101-189 Sec 902......   765
 Future of
  Study by North Atlantic Assembly...... PL 100-180 Sec 1003.....   834
 Headquarters operating expenses
  Appropriations, 1998.................. PL 105-56 Sec 8050......   488
 Increased defense spending by allies... PL 98-525 Sec 1001......   882
 Infrastructure
  Authorization of appropriations....... PL 102-484 Sec 1301.....   635
                                         PL 102-190 Sec 2502.....   707
  U.S. contributions for................ PL 101-510 Sec 2501.....   743
  U.S. contributions to................. PL 102-484 Sec 1301.....   635
                                         PL 103-337 Sec 1305.....   559
                                         PL 103-160 Sec 1401(b)..   599
 Installation costs
  Allied sharing........................ PL 103-337 Sec 1304.....   559
 Member country mission assignments
  Report to Congress.................... PL 100-463 Sec 8125.....   816
 Member nations
  Reduction of forces................... PL 101-189 Sec 912......   768
 Military equipment
  Standardization agreements............ 10 USC 2457.............   425
 North Atlantic Treaty
  Report to Congress.................... PL 103-160 Sec 1411(c)..   603
                                         PL 102-484 Sec 1314(b)..   639
  Review of............................. PL 102-484 Sec 1314.....   638
 Nuclear posture
  Report to Congress.................... PL 98-94 Sec 1105.......   898
 Nuclear weapons
  Modernization......................... PL 100-456 Sec 1004.....   803
 Partnership for Peace program
  Sense of Congress..................... PL 105-56 Sec 8115......   490
 Report to Congress..................... PL 98-94 Sec 1101.......   894
 SEASPARROW Cooperative Program......... PL 98-525 Sec 1004......   887
 U.S. commitment
  Force requirements.................... PL 101-189 Sec 901......   764
 U.S. credits and liabilities
  Limitation on......................... 10 USC 2347.............   403
  Liquidation of........................ 10 USC 2345.............   403
 U.S. forces
  Certification and consideration....... PL 101-510 Sec 2802.....   745
  Future agenda......................... PL 101-510 Sec 2802.....   745
  Report to Congress.................... PL 101-189 Sec 912......   768
  Sense of Congress..................... PL 101-189 Sec 922......   775
 U.S. membership in..................... PL 83-665 Sec 408.......   304
 U.S. military in
  Findings of Congress.................. PL 103-160 Sec 1411(a)..   601
  Sense of Congress..................... PL 103-160 Sec 1411(b)..   603
                                         PL 102-484 Sec 
                                          1301(a)(2).............   635
                                         PL 102-190 Sec 1041.....   690
 U.S. military in Europe
  Combat-to-support ratio............... PL 98-94 Sec 1106.......   899
  Limitation on......................... PL 98-94 Sec 1103.......   896
 U.S. receipts
  Credited at option of Secretary of 
   Defense.............................. 10 USC 2346.............   403
 U.S. support forces in Europe
  Sense of Congress..................... PL 100-180 Sec 1002.....   834
 Using U.S. military installations
  Study on.............................. PL 101-510 Sec 2503.....   743
NATO-U.S. relations
 Roles and missions support
  Contributions to U.S. incurred costs.. PL 103-337 Sec 1313.....   562
Naval vessels (U.S.)
 Coast Guard
  Drug-interdiction assistance.......... PL 99-145 Sec 1421......   869
 Containing polychlorinated biphenels
  Report to Congress.................... PL 105-85 Sec 1026......   451
 Disposal of
  Certification required................ 10 USC 7308.............   442
 Drug-interdiction areas
  Assigning Coast Guard personnel....... PL 99-145 Sec 1421......   869
 Larger or newer
  Lease to foreign countries............ 10 USC 7307.............   914
 Lease to foreign countries............. 10 USC 7307(b)..........   915
 Transfer to Bahrain.................... PL 104-106 Sec 1012.....   532
 Transfer to Brazil..................... PL 105-85 Sec 1025......   450
 Transfer to Chile...................... PL 105-85 Sec 1025......   450
 Transfer to Egypt...................... PL 105-85 Sec 1025......   450
                                         PL 104-106 Sec 1012.....   532
                                         PL 104-164..............   917
 Transfer to Israel..................... PL 105-85 Sec 1025......   450
 Transfer to Malaysia................... PL 105-85 Sec 1025......   450
 Transfer to Mexico..................... PL 105-85 Sec 1025......   450
 Transfer to New Zealand................ PL 104-164..............   917
 Transfer to Oman....................... PL 104-106 Sec 1012.....   532
 Transfer to Portugal................... PL 104-164..............   917
 Transfer to Taiwan..................... PL 104-164..............   917
 Transfer to Thailand................... PL 105-85 Sec 1025......   451
 Transfer to the Tiapei Economic and 
   Cultural Respresentative Office...... PL 105-85 Sec 1025......   450
 Transfer to Turkey..................... PL 104-106 Sec 1012.....   532
 Transfer to United Arab Emirates....... PL 104-106 Sec 1012.....   532
NBC weapons
 Report to Congress
  Weapons............................... PL 102-190 Sec 1097.....   704
Nicaragua-U.S. relations
 Use of U.S. Armed Forces
  Sense of Congress..................... PL 100-456 Sec 1304.....   810
                                         PL 100-180 Sec 1405.....   845
                                         PL 99-145 Sec 1451......   873
Nicaraguan Democratic Resistance
 Additional assistance.................. PL 100-276 Sec 3........   224
 Limitation on source of funds for...... PL 99-661 Sec 1351......   852
 Yatama Indians
  Appropriations, 1989.................. PL 100-276 Sec 3(g).....   226
Nicholson, Arthur D., Jr.
 Murder of
  Sense of Congress..................... PL 99-661 Sec 1368......   853
Non-NATO
 Cross-servicing agreements with U.S.
  Report to Congress.................... 10 USC 2349a............   405
Nonproliferation
 International activities
  Support for........................... PL 102-511 Sec 509......    64
Nonproliferation of nuclear weapons
 (see Nuclear weapons, nonproliferation)
North Atlantic Treaty
 Review of
  Sense of Congress..................... PL 102-484 Sec 1314.....   638
North Atlantic Treaty Organization
 (see NATO)
North Korea-U.S. relations
 Foreign aid
  Direct funding prohibition............ PL 105-118 Sec 507......    10
  Indirect funding prohibition.......... PL 105-118 Sec 523......    10
North Vietnam-U.S. relations
 (see also Indochina War)
Northern Ireland and Ireland
 Promoting reconciliation............... PL 99-415...............   262
Nuclear facilities
 Eastern Europe
  Safety of............................. PL 102-484 Sec 3202.....   674
 Former Soviet Union
  Safety of............................. PL 102-484 Sec 3202.....   674
 Former Soviet Union and Eastern Europe
  U.S. policy on........................ PL 102-484 Sec 3202(b)..   674
Nuclear materials
 Disposal of
  Former Soviet Union................... PL 102-511 Sec 510......    66
Nuclear power
 Cuba
  Juragua power plant................... PL 104-114 Sec 111......   180
Nuclear stockpile weapons
 Remanufacture of....................... PL 101-510 Sec 3131.....   751
Nuclear weapons
 Commission on Maintaining United States 
   Nuclear Weapons Expertise
  Establishment of...................... PL 104-201 Sec 3162.....   517
  Modification of....................... PL 105-85 Sec 3163......   482
 Departments of Defense and Energy
  Nonproliferation activities........... PL 102-484 Sec 1503.....   655
 Dismantlement of
  Report to Congress.................... PL 102-484 Sec 3151.....   672
                                         PL 101-510 Sec 3151.....   752
  Verification.......................... PL 101-510 Sec 3152.....   753
 Disposal of
  Authorization of appropriations....... PL 102-190 Sec 3141.....   708
 Helsinki Joint Statement
  Report to Congress.................... PL 105-85 Sec 1229......   478
 Illegal importation prevention
  Presidential certification............ PL 104-201 Sec 229......   498
 Improved control over use
  Report................................ PL 97-252 Sec 1123......   904
 Middle East
  Non-proliferation..................... PL 96-35 Sec 10.........   261
 MX missile warhead
  Funding restriction................... PL 99-145 Sec 1426......   872
 National security requirements
  Report to Congress.................... PL 102-190 Sec 3142.....   709
 Non-proliferation
  Sense of Congress..................... PL 101-510 Sec 3142.....   751
 Nonproliferation activities............ PL 102-484 Sec 1503-1505   655
  International assistance.............. PL 102-484 Sec 1505.....   657
 Program restrictions................... PL 99-145 Sec 1426......   872
 Programs with the PRC
  Funding prohibition................... PL 104-201 Sec 3137.....   516
 Reliability and safety
  Sense of Congress..................... PL 104-201 Sec 3163.....   519
 Russian Federation
  Reductions of......................... PL 102-484 Sec 1321.....   639
 Standard Missile (SM-2(N))
  Funding restriction................... PL 99-145 Sec 1426......   872
 Stockpile management
  Report to Congress.................... PL 104-106 Sec 3153.....   545
 Stockpile stewardship, international
  Funding prohibition................... PL 105-85 Sec 3133......   481
 Tactical use of
  Europe................................ PL 93-365 Sec 302.......   907
 Technology transfer
  Report to Congress.................... PL 102-190 Sec 1097.....   704
 Test ban readiness program
  Authorization of appropriations....... PL 102-190 Sec 3140.....   708
  Findings of Congress.................. PL 100-456 Sec 1436.....   814
 Testing
  Limitations on........................ PL 102-190 Sec 3140.....   708
                                         PL 100-456 Sec 1436.....   814
 U.S. facilities
  IDEA inspection restrictions.......... PL 104-106 Sec 3154.....   545
 U.S. stockpile stewardship
  Findings of Congress.................. PL 105-85 Sec 3156......   481
Nuclear Winter
 Report to Congress..................... PL 99-661 Sec 1371......   853

                                   O

OAS
 Sanctions
  U.S. foreign aid...................... PL 86-735 Sec 2.........   230
Oaths of allegiance
 (see Loyalty)
Offset policy
 Arms sales
  Technology transfer conditions........ 10 USC 2532.............   430
 Military equipment purchases
  Technology transfer requirements...... PL 100-456 Sec 825......   800
 Technology transfer
  U.S. policy on........................ PL 100-456 Sec 825......   800
  U.S. restrictions on.................. 10 USC 2532.............   430
Oil
 Angola produced
  U.S................................... PL 99-661 Sec 316.......   850
 Persian Gulf
  Disruption plans...................... PL 100-180 Sec 1222.....   839
Omnibus Budget Reconciliation Act of 
  1990.................................. PL 101-508..............    36
Operation Desert Shield
 Costs of
  Emergency funding requirements........ PL 101-508 Sec 13101....    36
Operation Desert Storm
 (see also Persian Gulf conflict)
 (see also Persian Gulf War)
 Costs of
  Report to Congress.................... PL 102-25 Sec 401.......    16
 Costs offset by foreign country 
   contributions
  Report to Congress.................... PL 102-25 Sec 401.......    16
 Foreign country contributions
  Report to Congress.................... PL 102-25 Sec 402.......    18
 Supplemental authorizations
  Extension of.......................... PL 102-190 Sec 1201.....   706
Operation Enhanced Southern Watch
 Authorization of Appropriations, 1996.. PL 104-106 Sec 1005.....   531
 Report to Congress..................... PL 104-201 Sec 1041.....   506
Operation Provide Comfort
 Authorization of Appropriations, 1996.. PL 104-106 Sec 1004.....   531
 Report to Congress..................... PL 104-201 Sec 1041.....   506
OPIC
 Established............................ EO 11579................   361
 Former Soviet Union programs
  Additional funding.................... PL 102-511 Sec 308......    55
Organization for Economic Cooperation 
  and Development
 (see OECD)
Organization of African Unity
 Conflict resolution
  Improving capabilities................ PL 103-381 Sec 3........   137
Organization of American States
 (see OAS)
Outer space
 Former Soviet Union
  Discussions with...................... PL 102-511 Sec 601......    68
 Space Defense System
  Testing moratorium on................. PL 100-180 Sec 208......   822
 Space launch modernization
  Allocation of appropriations.......... PL 103-337 Sec 211(d)...   548
  Limitations on obligations............ PL 103-337 Sec 211(g)...   548
  Policy................................ PL 103-337 Sec 211......   548
Overseas Contingency Operations Transfer 
  Fund
 Supplemental appropriations, 1997...... PL 105-18 Title I.......   494
Overseas Private Investment Corporation
 (see OPIC)
Overseas Workload Program
 Contract bidding
  Firms eligible........................ 10 USC 2349.............   405
 Report to Congress..................... PL 100-180 Sec 1021.....   836

                                   P

Pacific Rim
 Foreign critical technology
  Monitoring and assessment program..... 10 USC 2518.............   429
Pacific Rim-U.S. relations
 Regional security
  Findings of Congress.................. PL 102-190 Sec 1043.....   690
Palestine
 (see also PLO)
Panama Canal
 Realignment of military installations.. PL 95-485 Sec 817.......   906
Panama-U.S. relations
 General Manuel Noriega................. PL 100-456 Sec 1303.....   809
 Military aid
  Limitation on......................... PL 100-456 Sec 1302.....   809
 U.S. policy toward..................... PL 100-180 Sec 1403.....   843
Peace Corps............................. EO 12137................  1147
 (see also Foreign Service)
 Activities
  Report to Congress.................... PL 87-293 Sec 11........  1115
 Appointments and assignments........... PL 87-293 Sec 7(a)......  1108
  Non partisan.......................... PL 87-293 Sec 25........  1125
 Authority for.......................... PL 87-293 Sec 10........  1112
 Authorization of appropriations........ PL 87-293 Sec 3.........  1100
 Authorization of appropriations, FY 
   1993................................. PL 102-565..............  1132
 Authorization of appropriations, FY 
   1994 and 1995........................ PL 103-236 Sec 601......  1131
 Director of............................ PL 87-293 Sec 4.........  1102
  Transfer of functions to.............. PL 97-113 Sec 601(b)....  1128
 Disabled persons
  Aid to................................ PL 87-293 Sec 3(h)......  1100
 Employment with
  Limitation on length of............... PL 99-83 Title XI.......  1135
 Foreign currencies used................ PL 87-293 Sec 17........  1123
 Foreign currency fluctuations.......... PL 102-565 Sec 2........  1132
 Foreign governments using personnel.... PL 87-293 Sec 14........  1119
 Foreign nationals participating........ PL 87-293 Sec 9.........  1112
 Former volunteers
  In Civil Service...................... EO 11103................  1152
 Functions delegated.................... PL 87-293 Sec 4.........  1102
 Funds.................................. PL 87-293 Sec 15........  1120
                                         PL 87-293 Sec 15(a).....  1120
  Training expenses..................... PL 87-293 Sec 15(c).....  1120
 Health care services provided
  Evaluation of......................... PL 102-565 Sec 3........  1132
 Independent from ACTION................ PL 87-293 Sec 2A........  1100
 Interdepartmental cooperation.......... EO 12137 Sec 1-602......  1149
 International organizations using 
   personnel............................ PL 87-293 Sec 14........  1119
 Language proficiency................... PL 87-293 Sec 24........  1125
 National Advisory Council
  Termination of advisory bodies with 
   similar functions.................... PL 99-83 Title XI.......  1135
 Personnel.............................. PL 87-293 Sec 5.........  1103
                                         PL 87-293 Sec 6.........  1107
                                         PL 87-293 Sec 7.........  1108
  Allowance............................. PL 87-293 Sec 5(c)......  1103
  As U.S. Government employees.......... PL 87-293 Sec 5(f)-(h)..  1105
  Benefits where children............... PL 87-293 Sec 5(m)-(n)..  1107
  Career counseling in the United States PL 87-293 Sec 5(k)......  1106
  Certificate of service................ EO 11103 Sec 3..........  1152
  Compensation of....................... PL 89-134 Sec 5.........  1137
                                         PL 89-134 Sec 5.........  1137
  Country representative................ PL 87-293 Sec 7(c)......  1111
  Foreign Service Act applicable........ PL 87-293 Sec 7(a)......  1108
  Health care of........................ PL 87-293 Sec 5(e)......  1104
  In judicial or administrative 
   proceedings abroad................... PL 87-293 Sec 5(l)......  1106
  Oath upon enrollment.................. PL 87-293 Sec 5(j)......  1106
  Selection............................. PL 87-293 Sec 5(a)......  1103
 Personnel system
  Implementation of..................... PL 89-134 Sec 5.........  1137
 President
  Functions reserved to................. EO 12137 Sec 1-3........  1148
 Programs in former Soviet Union........ PL 102-565 Sec 5........  1134
 Purpose stated......................... PL 87-293 Sec 2.........  1100
 Report to Congress..................... PL 99-83 Title XI.......  1135
 Seal and name rights................... PL 87-293 Sec 19........  1124
 Security investigation................. PL 87-293 Sec 22........  1125
 Student loans
  Conditions for cancellation........... PL 99-498...............  1138
  Exceptions for repayment.............. PL 99-498...............  1138
 Training of volunteers................. PL 87-293 Sec 8.........  1111
 Transfer of functions
  Report to Congress.................... PL 97-113 Sec 601(f)....  1130
 Transfer of property from ACTION....... PL 97-113 Sec 601(c)....  1128
 Universal Military Training and Service 
   Act.................................. PL 87-293 Sec 23........  1125
Peace Corps Act......................... PL 87-293...............  1099
Peace Corps National Advisory Council... PL 87-293 Sec 12........  1116
 Report to Congress..................... PL 87-293 Sec 12(i).....  1118
Peace Process Support in Liberia
 Sense of Congress...................... PL 102-270..............   156
Peaceful Nuclear Explosions Treaty
 Verification measures
  Agreement on.......................... PL 100-456 Sec 1436.....   814
Peacekeeping activities
 Reports to Congress
  Bosnia and Herzegovina................ PL 105-85 Sec 1205......   464
 Using Defense Department funds
  Prohibition on use of................. 10 USC 405..............   389
Persian Gulf
 Commendation of U.S. forces............ PL 100-180 Sec 1401.....   842
 U.S. strategic posture in
  Report to Congress.................... PL 102-484 Sec 1331.....   642
Persian Gulf conflict
 Authorization of appropriations
  Transfer authority.................... PL 102-25 Sec 103.......    14
 Conduct of
  Report to Congress.................... PL 102-25 Sec 501.......    20
 Foreign financial assistance
  Sense of Congress..................... PL 102-20 Sec 6.........    25
 Supplemental authorization
  Relative to Public Law 101-510........ PL 102-25...............    12
Persian Gulf Conflict Supplemental 
  Authorization and Personnel Benefits 
  Act of 1991........................... PL 102-25...............    12
Persian Gulf Regional Defense Fund
 Establishment of....................... PL 102-25 Sec 102.......    13
Peru-U.S. relations
 Drug control
  Authorization of appropriations....... PL 105-85 Sec 1033......   452
 U.S. military personnel
  Compensation for death and injury..... PL 103-160 Sec 1434.....   608
                                         PL 103-139 Sec 8099.....   621
Pesticide Monitoring Improvements Act of 
  1988.................................. PL 100-418 Sec 4701.....  1094
Philippines
 Earthquake relief assistance effort
  Commendation of....................... PL 101-510 Sec 1472.....   741
Philippines-U.S. relations
 Military bases in...................... PL 100-456 Sec 1308.....   811
PL 480
 (see Agricultural Trade Development and 
   Assistance Act of 1954)
PLO
 Middle East Peace Process
  Consultation with Congress............ PL 104-107 Sec 604(b)(1)   238
                                         PL 103-236 Sec 583(b)(1)   245
                                         PL 103-125 Sec 3(b)(1)..   248
  Findings of Congress.................. PL 104-107 Sec 602......   236
                                         PL 103-236 Sec 582......   244
                                         PL 103-125 Sec 2........   248
  Foreign aid requirements.............. PL 104-107 Sec 604(c)...   240
  PLO commitments....................... PL 104-107 Sec 604(b)(3)   238
                                         PL 103-236 Sec 583(b)(4)   245
                                         PL 103-125 Sec 3(b)(4)..   249
  PLO compliance........................ PL 104-107 Sec 604(b)(3)   238
                                         PL 104-107 Sec 604(b)(4)   238
                                         PL 103-236 Sec 583(b)(3)   245
                                         PL 103-125 Sec 3(b)(3)..   249
  Presidential certification............ PL 104-107 Sec 604(b)(2)   238
                                         PL 103-236 Sec 583(b)(2)   245
                                         PL 103-125 Sec 3(b)(2)..   249
  Provisions eligible for suspension.... PL 104-107 Sec 604......   237
                                         PL 103-236 Sec 583......   244
                                         PL 103-125 Sec 3........   248
  Sense of Congress..................... PL 104-107 Sec 603......   237
  Suspension of certain provisions...... PL 104-107 Sec 604(d)...   241
                                         PL 103-236 Sec 583......   244
                                         PL 103-125 Sec 3........   248
                                         PL 103-125 Sec 3(d).....   249
Plutonium
 Production of
  Cessation by Commonwealth of 
   Independent States................... PL 102-484 Sec 3151.....   672
  Cessation by Soviet Union............. PL 101-510 Sec 3151.....   752
 Reprocessing
  U.S. policy on........................ PL 103-160 Sec 1163.....   594
Poland
 Agricultural assistance
  Report to Congress.................... PL 101-179 Sec 701......   110
 American Children's Hospital
  Zablocki Outpatient Facility.......... PL 98-266...............   122
 Central European Small Business 
   Enterprise Development Commission.... 67 Stat 232.............   129
 Credit unions
  U.S. policy on........................ PL 101-179 Sec 206......   105
 Environment
  Report to Congress.................... PL 101-179 Sec 703......   114
 Foreign aid
  Medical supplies...................... PL 100-418 Sec 2227.....   121
 Labor market reforms
  Assistance in......................... PL 101-179 Sec 202......   102
 SEED
  Educational, cultural, and scientific 
   activities........................... PL 101-179 Title IV.....   107
 Small business
  Management and technical assistance... 67 Stat 232.............   129
 Support for East European Democracy 
   (SEED)
  Additional program actions............ PL 101-179 Title VI.....   112
  Agricultural assistance............... PL 101-179 Sec 103......    96
  Democratic institutions support....... PL 101-179 Sec 501......   110
  Emergency assistance.................. PL 101-179 Sec 102......    96
  Environmental programs................ PL 101-179 Sec 502......   110
  Multilateral support for.............. PL 101-179 Sec 101......    94
  Peace Corps programs.................. PL 101-179 Sec 204......   104
  Private sector development............ PL 101-179 Title II.....    98
  Trade and investment programs......... PL 101-179 Title III....   106
 Support for East European Democracy 
   (SEED) Program
  Delegation of authority............... EO 12703................   131
Poland-U.S. relations
 Foreign aid............................ PL 100-418 Sec 2222.....   119
Polish-American Enterprise Fund
 Authorization of appropriations........ PL 101-179 Sec 201(b)...    98
Political tests
 (see Loyalty)
POW/MIA
 China-U.S. relations
  Task Force............................ PL 103-337 Sec 1033.....   555
 Family members
  Assistance to......................... PL 103-337 Sec 1031.....   554
 North Korea-U.S. relations
  POW/MIA............................... PL 103-337 Sec 1035.....   556
 Secretary of Defense
  Report to Congress.................... PL 103-337 Sec 1032.....   555
POWs
 Families of
  Support center........................ PL 102-190 Sec 1083.....   702
 Information on
  Public availability of................ PL 102-190 Sec 1082.....   700
President
 (see also Reports to Congress)
 Arms sales
  Delegation of functions............... EO 11958 Sec 1..........   357
 Bosnia and Herzegovina
  Certification for continued U.S. 
   presence in.......................... PL 105-56 Sec 8132......   492
 Certification
  Ethiopian peace....................... PL 102-274 Sec 8........   154
 Developing countries
  Agricultural commodity sales.......... PL 83-480 Sec 101.......   925
 Enterprise for the Americas Facility
  Consultation with Congress............ PL 83-480 Sec 615.......   216
 Foreign aid programs
  Administration of..................... EO 12163................   330
 Military aid
  Israel................................ PL 93-199 Note..........   302
 Offset policy
  Establishment of...................... 10 USC 2532.............   430
 Peace Corps
  Functions reserved.................... EO 12137 Sec 1-3........  1148
 Preventing import of illegal 
   biological, chemical, and nuclear 
   weapons
  Certification......................... PL 104-201 Sec 229......   498
 U.S. missile defense capability
  Certification......................... PL 104-201 Sec 242......   500
President's Drug Policy Council
 Establishment of....................... EO 12992................   296
President's Emergency Food Assistance 
  Act of 1984........................... PL 98-473 Sec 301.......  1014
Prisoners of war
 (see POWs)
Private and voluntary organizations
 (see PVOs)
Private enterprise
 (see also Nationalizations)
 (see also OPIC)
 Agricultural commodity sales........... PL 83-480 Sec 201.......   930
  Foreign currency uses................. PL 83-480 Sec 203.......   932
Propaganda
 (see also Lobbying)
Public Law 480
 Operation of
  Review................................ PL 95-113 Sec 1210......  1018
 Programs
  Appropriations, 1998.................. PL 105-86 Title V.......   996
Publicity
 (see Lobbying)
PVOs
 Agricultural commodity sales
  Using foreign currencies.............. PL 83-480 Sec 203.......   932
 Food aid
  Distribution of....................... PL 83-480 Sec 202(e)....   931

                                   R

Reform in ... and Support for ... 
  Russia, Ukraine, and Other New 
  Independent States.................... PL 103-199..............    38
Refugee assistance
 Africa................................. PL 99-8 Sec 3...........   158
Refugees
 Iraq
  Humanitarian assistance............... PL 102-45...............   251
Reorganization Plan No. 2 of 1979
 IDCA
  Established........................... RP 79-2.................   354
Report to Congress
 Japan-U.S. security relations.......... PL 103-337 Sec 1325.....   571
Reports to Congress
 ABM Treaty absence
  Effect on strategic offensive and 
   defensive programs................... PL 100-180 Sec 233......   829
 Africa
  Conflict resolution................... PL 103-381 Sec 9........   139
 Africa, Horn of
  Relief and recovery program........... PL 102-274 Sec 9........   155
 Agricultural commodity sales........... PL 83-480 Sec 407(f)....   949
  Foreign currency uses................. PL 81-439 Sec 
                                          416(b)(9)(B)...........   994
 Air Force National Missile Defense Plan PL 104-201 Sec 245......   501
 Allied burden sharing
  Efforts to increase................... PL 105-85 Sec 1221......   468
                                         PL 104-201 Sec 1084.....   514
 Anglo-Irish Agreement
  U.S. contributions in support of...... PL 99-415 Sec 6.........   264
 Armed forces
  Roles and missions.................... PL 102-484 Sec 901......   630
 Arms control agreement
  Verification of....................... PL 101-510 Sec 3151.....   752
                                         PL 101-189 Sec 903......   767
 Arms exports
  Dual-use technologies................. PL 103-160 Sec 1422.....   604
 Arrow Tactical Anti-Missile program.... PL 103-160 Sec 239......   589
 Asia
  U.S. military presence in............. PL 102-190 Sec 1043(c)..   691
 Ballistic missile defense.............. PL 104-201 Sec 243......   500
 Ballistic Missile Defense program
  Allocation of funds................... PL 103-160 Sec 231(e)...   583
 Ballistic missiles
  Threats to U.S........................ PL 105-85 Sec 243.......   446
 Biological Defense Research Program.... PL 101-189 Sec 242......   760
 Bosnia
  Cost of U.S. military activities in... PL 105-18 Sec 105.......   494
 Bosnia-Hercegovina
  Peacekeeping deployment............... PL 103-337 Sec 1402.....   572
 Burden sharing contributions........... 10 USC 2350j............   420
 Caribbean area free trade zone
  Effect on U.S......................... PL 102-532 Sec 5........   206
 Central European Small Business 
   Enterprise Development Commission.... 67 Stat 232.............   130
 Chemical and biological warfare 
   readiness............................ PL 103-160 Sec 1703.....   617
 Chemical weapons
  NATO member nations................... PL 99-145 Sec 1411(g)...   863
  Stockpile destruction................. PL 99-145 Sec 1412(g)...   866
  Stockpile safety contingency plan..... PL 101-510 Sec 173(c)...   713
  Transfer to Johnston Island........... PL 101-510 Sec 364......   723
 Chemical, biological, radiological, or 
   nuclear attack
  U.S. preparedness..................... PL 104-106 Sec 379......   530
 China (People's Republic of)
  Military capability................... PL 105-85 Sec 1226......   474
 Commodity Credit Corporation
  Export assistance..................... PL 95-501 Sec 603.......  1069
 Cooperative agreements................. 10 USC 2350a(f).........   408
 Costs of implementing U.N. Security 
   Council resolutions.................. PL 105-56 Sec 8079......   488
 Counterterrorism and antiTerrorism 
   activities
  Oversight of.......................... PL 105-85 Sec 1051......   457
 Cruise missiles
  Threats to U.S........................ PL 105-85 Sec 243.......   446
 Cuba
  Assistance by the independent states 
   of the former Soviet Union........... PL 104-114 Sec 106......   174
  Commerce with and assistance from 
   other countries...................... PL 104-114 Sec 108......   177
 Cuban sugar
  Countries importing................... PL 101-624 Sec 903......   971
 Debts, foreign
  Relief of............................. PL 83-480 Sec 618.......   218
 Defense authorizations, FY 1994
  Transfer of........................... PL 103-160 Sec 1101(b)..   593
 Defense contractors
  Transactions with terrorist countries. PL 103-160 Sec 843......   592
 Defense Cooperation Account
  Transfer of funds..................... PL 102-25 Sec 105-106...    14
 Defense Department vaccination programs
  Supporting Health and Human Services.. PL 103-160 Sec 1705(b)..   618
 Democracy Corps
  Activities............................ PL 102-511 Sec 401(i)...    57
 Department of Defense
  Antiterrorism activities.............. PL 105-85 Sec 1052(e)...   458
 Department of Defense Appropriations 
   Act, 1990
  Recurring provisions.................. PL 101-189 Sec 1624.....   782
 Developing countries
  Special operations forces training.... 10 USC 2011(e)..........   393
 Disaster assistance
  Bangladesh............................ PL 100-576 Sec 5........   313
                                         PL 100-576 Sec 5........   313
 Drug control
  Andean countries...................... PL 101-623 Sec 4(b).....   271
                                         PL 101-510 Sec 1009.....   732
  Counter-drug activities............... PL 101-510 Sec 1007.....   730
  Interdiction of vessels and vehicles.. PL 99-661 Sec 1373......   854
  National Drug Operations Center....... PL 101-189 Sec 1213.....   779
  Support by Department of Defense...... PL 100-456 Sec 1107.....   806
  Use of OH-58D helicopter.............. PL 101-510 Sec 1008.....   731
 East Asia
  U.S. military presence in............. PL 101-189 Sec 915......   772
 Eisenhower Exchange Fellowships, 
   Incorporated......................... PL 101-454 Sec 7........    87
 Eligible export vessels
  Loan guarantees....................... 49 Stat 1985 Sec 1111(4)   347
 Enterprise for the Americas Facility... PL 83-480 Sec 614.......   214
 Export control mechanisms.............. PL 104-106 Sec 1324(c)..   539
 Export financing
  Military equipment (U.S.)............. PL 101-189 Sec 825(b)...   764
  Non-defense production................ PL 101-510 Sec 4303.....   753
 Export loan guarantees................. PL 104-106 Sec 1321.....   534
 Export vessels
  Loan guarantees....................... 49 Stat 1985 Sec 1111...   347
 Export-Import Bank
  Loan authority increase............... PL 101-510 Sec 4303.....   753
 Exports of high performance computers.. PL 105-85 Sec 1212......   466
 Far-term follow-on technologies........ PL 103-160 Sec 243(c)...   591
 Food aid
  Africa................................ PL 99-8 Sec 6...........   159
  President's Emergency Food Assistance 
   Fund................................. PL 98-473 Sec 304.......  1015
 Foreign countries
  Military-based satellite access....... PL 102-484 Sec 1363.....   645
 Foreign currencies
  Agreements on use of.................. PL 83-480 Note..........   964
 Foreign Currency Fluctuations, Peace 
   Corps Account........................ PL 87-293 Sec 16(h).....  1123
 Foreign debt
  Agricultural trade.................... PL 101-624 Sec 
                                          1542(e)(2).............   982
 Foreign governments
  Offset policy......................... PL 100-456 Sec 825(d)...   802
 Former Soviet Union
  Commercial bank debt.................. PL 102-511 Sec 1007.....    75
  Proposed obligations.................. PL 102-511 Sec 508......    62
  Space related trade................... PL 102-511 Sec 603......    69
 Former Soviet Union and Eastern Europe
  Nuclear facilities safety............. PL 102-484 Sec 3202(c)..   674
 Funding operations not previously 
   provided for......................... 10 USC 127a(d)..........   373
 Global Positioning System.............. PL 103-160 Sec 152(c)...   580
 Good Neighbor Environmental Board...... PL 102-532 Sec 6(d).....   207
 Helsinki Joint Statement............... PL 105-85 Sec 1229......   478
 Humanitarian assistance
  Defense Department overseas programs.. PL 104-106 Sec 1311.....   534
  Department of Defense activities...... PL 103-160 Sec 1504.....   611
  Soviet Union.......................... PL 102-228 Title III....    78
 Hungary
  Environmental assessment.............. PL 101-179 Sec 703......   114
 Importing narcotics raw material
  U.S. policy on........................ PL 101-647 Sec 2501.....   275
 Intelligence collections systems
  Training exercises.................... PL 102-190 Sec 924(b)...   688
 Iraq
  Arms sales............................ PL 102-484 Sec 1607 7...
  International export of technology.... PL 101-513 Sec 586J.....    34
  Offensive military capability......... PL 101-513 Sec 586J(b)..    34
  Sanctions against..................... PL 101-513 Sec 586J(c)..    35
 Israel-U.S. defense industrial 
   cooperation.......................... PL 102-484 Sec 205......   624
 Japan
  U.S. defense expenditures in.......... PL 100-456 Sec 1009(b)..   805
                                         PL 100-180 Sec 1011.....   835
 Korea
  Security situation in................. PL 102-190 Sec 1044(c)..   694
 Land mine clearing..................... PL 103-160 Sec 306(b)...   592
 Latin America free trade zone
  Effect on U.S......................... PL 102-532 Sec 5........   206
 Limited Defense System................. PL 103-160 Sec 236......   585
 Merged or ``M'' accounts
  Reobligations......................... PL 102-484 Sec 1003.....   631
 Military (U.S.)........................ PL 93-365 Sec 302.......   907
  Dual basing........................... PL 101-510 Sec 2801.....   744
  Outer space control capabilities...... PL 100-456 Sec 243......   798
  Stationed abroad...................... PL 102-484 Sec 1304.....   637
  Stationed in Andean countries......... PL 101-623 Sec 8........   273
 Military capability assessment......... 10 USC 113(i)...........   367
 Military cooperation
  National security impact.............. PL 103-337 Sec 1314.....   563
 Minuteman III ICBMs
  START................................. PL 102-190 Sec 153......   680
 Missile technology transfer
  Control of............................ PL 101-189 Sec 1639.....   784
 Money laundering
  Information access.................... PL 100-690 Sec 4702(d)..   288
 Multilateral Investment Guarantee 
   Agency
  Former Soviet Union................... PL 102-511 Sec 1009.....    75
 Multinational peacekeeping activities.. PL 103-160 Sec 1502.....   609
 Mutual defense arrangements............ PL 101-510 Sec 1457.....   738
 Mutual defense treaties
  Cost-sharing agreements............... PL 102-190 Sec 1046(e)..   695
 Narcotics
  Detection technologies................ PL 105-85 Sec 1034......   455
 National Advisory Council on 
   International Monetary and Financial 
   Policies............................. PL 99-570 Sec 2018(c)...   291
 National Commission on Defense and 
   National Security.................... PL 101-511 Sec 8104.....   787
 National defense
  Emerging operational concepts......... PL 104-201 Sec 1042.....   507
 National Drug Operations Center
  Feasibility study..................... PL 101-189 Sec 1213.....   779
 National security
  Export controls....................... PL 104-106 Sec 1322(c)..   536
 NATO
  Assignment of missions among member 
   countries............................ PL 100-463 Sec 8125.....   816
  Defense program for FY 1990........... PL 100-456 Sec 1005.....   803
  Deterrence requirements............... PL 100-180 Sec 1001.....   833
  U.S. expenditures in.................. PL 98-94 Sec 1107.......   900
 NATO armaments cooperation with member 
   countries............................ PL 98-525 Sec 1006......   887
 NATO enlargement....................... PL 104-201 Sec 1048.....   508
  Assessing costs analysis.............. PL 105-85 Sec 1223(c)...   471
  Department of Defense costs........... PL 105-85 Sec 1223(d)...   471
 NATO expansion of
  Costs of.............................. PL 105-56 Sec 8122(b)...   491
 NATO force reductions
  Implications of....................... PL 101-189 Sec 902......   765
 NATO use of U.S. military installations PL 101-510 Sec 2503.....   743
 NATO-U.S. relations
  Roles and missions support costs...... PL 103-337 Sec 1313.....   562
 Naval vessels (U.S.)................... PL 105-85 Sec 1026......   451
 Non-NATO
  Cross-servicing agreements with U.S... 10 USC 2349a............   405
 North Atlantic treaty.................. PL 103-160 Sec 1411(c)..   603
                                         PL 102-484 Sec 1314(b)..   639
 Nuclear test readiness................. PL 104-201 Sec 3158.....   517
                                         PL 104-106 Sec 3152.....   545
 Nuclear weapons
  Dismantlement of...................... PL 102-484 Sec 3151(d)..   673
                                         PL 101-510 Sec 3151.....   752
  National security requirements........ PL 102-190 Sec 3142.....   709
  Nonproliferation activities........... PL 102-484 Sec 1503(a)..   655
                                         PL 102-484 Sec 1505(e)..   659
 Nuclear weapons stockpile
  Control of............................ PL 104-106 Sec 3153.....   545
 Nuclear Winter......................... PL 99-661 Sec 1371......   853
 Operation Desert Storm
  Costs of.............................. PL 102-25 Sec 401.......    16
  Costs offset by foreign country 
   contributions........................ PL 102-25 Sec 401.......    16
  Foreign country contributions......... PL 102-25 Sec 402.......    18
 Operation Enhanced Southern Watch...... PL 104-201 Sec 1041.....   506
 Operation Provide Comfort.............. PL 104-201 Sec 1041.....   506
 Overseas Workload Program.............. PL 100-180 Sec 1021.....   836
 Pacific Rim
  U.S. military presence in............. PL 102-190 Sec 1043(c)..   691
 Peace Corps............................ PL 87-293 Sec 11........  1115
                                         PL 99-83 Title XI.......  1135
  Employment related matters............ PL 102-565 Sec 4........  1133
  Health care services evaluation....... PL 102-565 Sec 3........  1132
 Peace Corps National Advisory Council.. PL 87-293 Sec 12(i).....  1118
 Persian Gulf
  U.S. strategic posture in............. PL 102-484 Sec 1331.....   642
 Persian Gulf conflict
  Conduct of............................ PL 102-25 Sec 501.......    20
 Persian Gulf Regional Defense Fund
  Transfer of funds..................... PL 102-25 Sec 105-106...    14
 Peruvian attack on U.S. military 
   personnel............................ PL 103-160 Sec 1434.....   608
                                         PL 103-139 Sec 8099.....   621
 Poland
  Agricultural assistance............... PL 101-179 Sec 701......   114
  Environment assessment................ PL 101-179 Sec 703......   114
 President
  Bosnia and Herzegovina................ PL 105-85 Sec 1205......   464
 Property services and supplies
  Accepted from foreign governments..... 10 USC 2608.............   437
 Republic of Korea
  Military readiness.................... PL 103-337 Sec 1322.....   567
 Russian fissile materials
  Protection and control of............. PL 104-106 Sec 3131.....   544
 Secretary of Defense
  Bosnia and Herzegovina................ PL 105-85 Sec 1204......   463
  Buy American Act waivers.............. PL 105-56 Sec 8040(b)...   487
                                         PL 102-190 Sec 833......   688
                                         PL 101-189 Sec 823......   763
  Defense industrial base............... PL 102-190 Sec 831......   686
  Environmental provisions.............. PL 101-510 Sec 341......   720
  Humanitarian assistance............... 10 USC 2551(c)..........   434
  Military force structure.............. 10 USC 113..............   367
  Military strategy report.............. PL 101-510 Sec 901......   724
  Missing Indochina War personnel....... PL 103-337 Sec 1034.....   556
  NATO assessment....................... PL 98-525 Sec 1002(d)...   883
  Overseas environmental provisions..... PL 101-510 Sec 342......   721
  POW/MIA............................... PL 103-337 Sec 1032.....   555
  POW/MIA in North Korea................ PL 103-337 Sec 1035(b)..   556
 Security arrangements with foreign 
   countries............................ PL 101-510 Sec 1456.....   738
 Somalia
  Intelligence assessment............... PL 103-337 Sec 1403.....   573
 Soviet Union (former)-U.S. relations
  Demilitarization programs............. PL 102-484 Sec 1431-1432   652
  Denuclearization...................... PL 102-484 Sec 1321(c)..   641
 Soviet Union (former), independent 
   states of
  Assistance strategy................... PL 102-511 Sec 103-104..    48
 Soviet Union
  Emergency airlift assistance.......... PL 102-228 Title III....    78
 Soviet-Eastern European research and 
   training............................. PL 98-164 Sec 807.......   127
 Strategic Defense Initiative........... PL 101-510 Sec 221(c)(4)   715
                                         PL 101-189 Sec 222......   757
                                         PL 100-456 Sec 222......   797
                                         PL 100-180 Sec 231......   827
  Development plans and costs........... PL 100-180 Sec 232......   829
  FY 1988 funding allocation............ PL 100-180 Sec 234......   831
  Programs and projects................. PL 101-189 Sec 224......   758
 Sugar imports
  Cuban produced........................ PL 99-198 Sec 902(c)(2).  1000
 Super computers sales to certain 
   countries............................ PL 105-85 Sec 3157......   482
 Support for East European Democracy 
   (SEED)............................... PL 101-179 Sec 704......   115
 Theater Missile Defense................ PL 103-160 Sec 235(b)...   585
 Theater Missile Defense Initiative..... PL 102-484 Sec 231......   624
 Trident II (D-5) missile
  START II treaty implications.......... PL 103-160 Sec 122......   579
 U.N.
  International peacekeeping activities. PL 102-484 Sec 1341.....   643
  Peace operations...................... PL 103-337 Sec 1401.....   572
 U.S. Armed Forces abroad
  Review of............................. PL 105-85 Sec 1221(d)...   469
                                         PL 104-201 Sec 1084(d)..   515
 U.S. defense expenditures in........... PL 101-189 Sec 913......   771
 U.S. military
  Mobility requirements................. PL 101-510 Sec 909(b)...   725
 U.S. military bases in the Philippines. PL 100-456 Sec 1308(b)..   812
 U.S. military stationed abroad......... PL 101-189 Sec 912(e)...   769
  Costs assessment...................... 10 USC 113(j)...........   368
 Unauthorized countries
  Humanitarian assistance............... 10 USC 2551(d)..........   435
 United States-Cuba Council............. PL 104-114 Sec 203(c)...   189
 United States-People's Republic of 
   China Joint Defense Conversion 
   Committee............................ PL 104-106 Sec 1343.....   542
 Weapons of mass destruction
  Proliferation of...................... PL 104-201 Sec 243......   500
  Threats to U.S........................ PL 105-85 Sec 243.......   446
                                         PL 105-85 Sec 243.......   446
 Weapons technology transfer............ PL 102-190 Sec 1097.....   704
 Western Hemisphere
  Regional security programs............ PL 103-337 Sec 1315(b)..   565
Rice surplus
 Overseas donations..................... PL 81-439 Sec 416(b)....   989
Russia-U.S. relations
 Fissile materials
  Protection and control of............. PL 104-106 Sec 3131.....   544
 Nuclear weapons
  Reductions............................ PL 102-484 Sec 1321.....   639
 Vancouver Declaration.................. PL 103-199 Sec 102......    40
 Yamantau Mountain project
  Sense of Congress..................... PL 105-85 Sec 1227......   475
Russian Far East
 Business opportunities
  Technical assistance.................. PL 102-511 Sec 307......    55
Rwanda
 Refugee relief
  Defense Department supplemental 
   appropriations....................... PL 103-337 Sec 1002(b)..   553
Rwanda-U.S. relations
 International tribunal
  Judicial assistance................... PL 104-106 Sec 1342.....   541

                                   S

Sanctions
 Against certain persons................ PL 102-484 Sec 1604.....     6
 Against Cuba
  Strengthening......................... PL 104-114 Sec 101......   170
 Against Ethiopia....................... PL 100-456 Sec 1310.....   813
 Against foreign countries.............. PL 102-484 Sec 1605.....     6
 Against Iraq........................... PL 101-513 Sec 586C.....    27
                                         PL 101-513 Sec 586G.....    31
                                         PL 101-510 Sec 1458.....   739
  Humanitarian assistance exemptions.... PL 101-513 Sec 586C(b)..    27
  Report to Congress.................... PL 101-513 Sec 586J(c)..    35
  Termination of........................ PL 101-513 Sec 586C(c)..    28
  Violations of......................... PL 101-513 Sec 586E.....    29
  Waiver of............................. PL 101-513 Sec 586H.....    32
 Against Iraq or Iran
  Waiver of............................. PL 102-484 Sec 1606.....     7
 Against Serbia and Montenegro.......... PL 103-160 Sec 1511.....   612
 Cuba
  Countries assisting................... PL 102-484 Sec 1704.....   666
Sapoa Agreement
 Verification Commission
  AID payments in support of............ PL 100-276 Sec 9........   228
Saudi Arabia-U.S. relations
 Aircraft
  Transfer to........................... PL 100-456 Sec 1306.....   811
Science and technology
 (see also Technical assistance)
Scientific and Technological 
  Cooperation, International Council on. EO 12163 Sec 1-401......   336
Scientific exchange
 (see Educational and cultural exchange)
SDAF
 Authorization of appropriations
  Limitations on........................ 10 USC 114(c)...........   369
Sea law
 Military training operations........... PL 93-365 Sec 704.......   908
SEASPARROW Cooperative Program
 Continued participation in............. PL 98-525 Sec 1004......   887
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 prohibition................ PL 103-160 Sec 1511.....   612
Sinai Field Mission
 Facilities transfer to Egypt........... PL 96-35 Sec 6..........   260
Small Business Act...................... 67 Stat 232.............   129
Small Business Administration
 Central European small business
  Authorization of appropriations....... 67 Stat 232.............   130
Social development
 (see Alliance for Progress)
 (see Human rights)
 (see U.N.)
Somalia
 Findings of Congress................... PL 102-274 Sec 2........   147
 Sense of Congress...................... PL 102-274 Sec 3(b).....   148
Somalia-U.S. relations
 Foreign aid
  Prohibitions on....................... PL 102-274 Sec 7........   154
 U.S. Armed Forces in................... PL 103-160 Sec 1512.....   614
 U.S. policy toward..................... PL 103-160 Sec 1512.....   614
South Africa
 Democratic transition
  IFIs support.......................... PL 103-149 Sec 9........   145
South Africa-U.S. relations
 Apartheid sanction laws
  Repeal of............................. PL 103-149 Sec 4........   142
 Cooperative agreements................. PL 103-149 Sec 8........   145
 Democratic process
  U.S. assistance in.................... PL 103-149 Sec 5........   143
  U.S. policy toward.................... PL 103-149 Sec 3........   142
 Educational and cultural exchange...... PL 103-149 Sec 7........   145
 Findings of Congress................... PL 103-149 Sec 2........   141
South Africa-U.S. trade relations
 Facilitation of........................ PL 103-149 Sec 6........   144
South African Democratic Transition 
  Support Act of 1993................... PL 103-149..............   141
South Vietnam-U.S. relations
 (see also Indochina War)
Southeast Asia
 (see also individual countries)
 (see also Indochina War)
Sovereignty
 (see also Courts, jurisdiction)
Soviet Union (former)
 (see also Commonwealth of Independent 
   States)
 (see also individual countries)
 Nuclear weapons reduction
  Appropriations reductions............. PL 104-106 Sec 1008.....   532
  Appropriations, 1998.................. PL 105-56 Title II......   484
 Peace Corps programs in................ PL 102-565 Sec 5........  1134
Soviet Union (former)-U.S. relations
 Amending Cold War provisions........... PL 103-199 Sec 101......    40
 Applicable Cold War provisions......... PL 103-199 Sec 103......    41
 Demilitarization
  Findings of Congress.................. PL 102-484 Sec 1411.....   649
 Demilitarization programs
  Administration of..................... PL 102-484 Sec 1421.....   651
  Authorization of appropriations....... PL 102-484 Sec 1421(a)..   651
  Presidential authority................ PL 102-484 Sec 1412.....   650
  Report to Congress.................... PL 102-484 Sec 1431-1432   652
 Denuclearization
  Report to Congress.................... PL 102-484 Sec 1321(c)..   641
  U.S. policy........................... PL 102-484 Sec 1321(b)..   640
 Export Administration Act policies..... PL 103-199 Sec 201......    42
 Findings of Congress................... PL 103-199 Sec 102......    40
 Foreign aid, 1997
  Rescission of funds................... PL 105-18 Title I.......   494
 KAL Flight 7........................... PL 103-199 Sec 201......    42
 Threat reduction
  Appropriations reductions............. PL 104-106 Sec 1008.....   532
  Appropriations, 1998.................. PL 105-56 Title II......   484
Soviet Union (former), independent 
  states of
 American Business Centers
  Establishment of...................... PL 102-511 Sec 301......    52
 Arms control........................... PL 102-511 Sec 501......    58
  Foreign aid eligibility............... PL 102-511 Sec 502......    58
 Arms control activities................ PL 102-511 Sec 503......    59
 Assistance eligibility................. PL 102-511 Sec 202......    50
 Assistance strategy
  Report to Congress.................... PL 102-511 Sec 103-104..    48
 Business and agriculture advisory 
   council.............................. PL 102-511 Sec 302......    53
 Commercial debt
  Report to Congress.................... PL 102-511 Sec 1007.....    75
 Coordinating assistance................ PL 102-511 Sec 102......    48
 Currency stabilization fund............ PL 102-511 Sec 1004(b)..    74
 Defined................................ PL 102-511 Sec 3........    46
 Democracy support...................... PL 102-511 Sec 201......    50
 Diplomatic and consular service........ PL 102-511 Sec 802......    70
 Economic development................... PL 102-511 Sec 201......    50
 Exchange and training programs......... PL 102-511 Sec 807......    71
 Findings of Congress................... PL 102-511 Sec 101......    47
 Johnson Act applicability.............. PL 102-511 Sec 902......    71
 Macroeconomic stabilization in......... PL 102-511 Sec 1004.....    74
 MIGA guarantees........................ PL 102-511 Sec 1009.....    75
 Nonproliferation activities............ PL 102-511 Sec 501......    58
 Nonproliferation and disarmament fund.. PL 102-511 Sec 504......    60
 Nuclear materials disposal............. PL 102-511 Sec 510......    66
 Office of Space Commerce............... PL 102-511 Sec 602......    68
 PVOs
  Food assistance programs.............. PL 102-511 Sec 703......    70
 Research and development foundation.... PL 102-511 Sec 511......    66
 Space cooperation...................... PL 102-511 Sec 601......    68
Soviet Union
 Graduate students
  USIA scholarships..................... PL 102-138 Sec 227......    82
 Research on............................ PL 98-164 Sec 801.......   123
Soviet Union-Eastern Europe
 Graduate student scholarships
  Authorization of appropriations....... PL 102-138 Sec 227(d)...    83
  Muskie Fellowships.................... PL 102-138 Sec 227(f)...    83
Soviet Union-U.S. relations
 Direct communications link............. PL 99-85................   912
 Emergency airlift assistance
  ``Emergency requirement'' funds....... PL 102-228 Title III....    76
  Appropriations transfers.............. PL 102-228 Title III....    76
  Report to Congress.................... PL 102-228 Title III....    78
 Grain exports prohibited
  Commodity Credit Corporation purchases PL 96-494 Sec 206.......  1070
 Humanitarian assistance
  Emergency airlift..................... PL 102-228 Title III....    76
  Report to Congress.................... PL 102-228 Title III....    78
 Murder of Lt. Colonel Arthur D. 
   Nicholson, Jr........................ PL 99-661 Sec 1368......   853
 Plutonium production
  Cessation of.......................... PL 101-510 Sec 3151.....   752
Soviet-Eastern European research and 
  training
 Report to Congress..................... PL 98-164 Sec 807.......   127
Soviet-Eastern European Research and 
  Training Act of 1983.................. PL 98-164 Sec 801.......   123
Soviet-Eastern European Studies Advisory 
  Committee
 Established............................ PL 98-164 Sec 804.......   124
Space Commerce, Office of
 Former Soviet Union
  Trade missions........................ PL 102-511 Sec 602......    68
Special Defense Acquisition Fund
 (see SDAF)
Special International Security 
  Assistance Act of 1979................ PL 96-35................   258
State, Department of
 Foreign aid
  Functions delegated to................ 45 FR 11655.............   343
 Foreign aid program
  Administration of..................... EO 12163 Sec 1-201......   332
State, Secretary of
 Arms sales
  Duties................................ EO 11958................   357
 Foreign aid
  Functions reserved.................... 45 FR 11655 Sec 3.......   347
 Freedom Support Act
  Delegated functions................... EO 12884 Sec 1..........   132
Stock in financial institutions
 (see Capital stock)
Strategic Arms Reduction Talks
 Russian Federation
  Nuclear weapons....................... PL 102-484 Sec 1321.....   639
Strategic Defense Initiative
 Allocation of funds.................... PL 102-484 Sec 233......   625
  Report to Congress.................... PL 101-510 Sec 221(c)(4)   715
                                         PL 101-189 Sec 222......   757
                                         PL 100-456 Sec 222......   797
 Anti-tactical ballistic missile system. PL 99-661 Sec 212.......   847
 Authorization of appropriations........ PL 102-484 Sec 232......   625
 Authorization of appropriations, FY 
   1986................................. PL 99-145 Sec 221.......   858
 Authorization of appropriations, FY 
   1988................................. PL 100-180 Sec 221......   823
 Authorization of appropriations, FY 
   1989................................. PL 100-456 Sec 221......   796
 Authorization of appropriations, FY 
   1990................................. PL 101-189 Sec 221......   757
 Consultation with NATO allies.......... PL 99-145 Sec 224.......   859
 Contracts with foreign entities
  Restrictions on....................... PL 100-180 Sec 222......   823
 Department of Energy
  Transfer of funds..................... PL 101-510 Sec 3124.....   750
 Development plans and costs
  Report to Congress.................... PL 100-180 Sec 232......   829
 Effect on compliance with ABM Treaty... PL 99-661 Sec 216.......   848
 Establishing a federally funded R&D 
   center
  Limitation on......................... PL 99-661 Sec 213.......   847
 Funding limitation..................... PL 101-510 Sec 221(c)...   715
 FY 1987 funding level.................. PL 99-661 Sec 211.......   846
 FY 1988 funding allocation
  Report to Congress.................... PL 100-180 Sec 234......   831
 NATO cooperation and consultation
  Congressional policy.................. PL 99-145 Sec 224.......   859
 Objectives............................. PL 101-510 Sec 221(b)...   714
 Program elements....................... PL 101-510 Sec 221(a)...   713
 Program structure
  Spending limitation................... PL 101-510 Sec 221......   713
 Programs and projects
  Report to Congress.................... PL 101-189 Sec 224......   758
 Prohibitions on........................ PL 101-510 Sec 223......   716
 Projected cost
  Report to Congress.................... PL 99-145 Sec 223(b)....   859
 Report to Congress..................... PL 100-180 Sec 231......   827
 Support by federally funded research 
   and development center............... PL 100-180 Sec 227......   825
 Support service contracts
  Limitations........................... PL 102-484 Sec 236......   627
 Technology transfer to Soviet Union
  Restrictions on....................... PL 100-180 Sec 223......   824
Subscriptions in financial institutions
 (see Capital stock)
Sudan-U.S. relations
 Findings of Congress................... PL 102-274 Sec 2........   147
 Foreign aid
  Direct funding prohibition............ PL 105-118 Sec 507......    10
  Prohibitions on....................... PL 102-274 Sec 7........   154
 Sense of Congress...................... PL 102-274 Sec 3(c).....   149
Support for East European Democracy 
  (SEED)
 Report to Congress..................... PL 101-179 Sec 704......   115
 Suspension of assistance............... PL 101-179 Sec 801......   116
Support for East European Democracy 
  (SEED) Act of 1989.................... PL 101-179..............    89
Support for East European Democracy 
  (SEED) Program
 Actions
  MDB activities........................ PL 101-179 Sec 2(c).....    92
  World bank and IMF.................... PL 101-179 Sec 2(c).....    92
 Delegation of authority................ EO 12703................   131
 Objectives............................. PL 101-179 Sec 2........    90
Supporting assistance
 (see Economic Support Fund)
Survivable Collective Protection System
 Termination............................ PL 101-510 Sec 163......   712
Swine influenza
 International cooperation
  Sense of Congress..................... PL 94-302 Title III.....   315
Syria-U.S. relations
 Foreign aid
  Direct funding prohibition............ PL 105-118 Sec 507......    10
  Indirect funding prohibition.......... PL 105-118 Sec 523......    10

                                   T

Taiwan-U.S. relations
 Visas
  Sense of Congress..................... PL 103-337 Sec 1073.....   557
Technical assistance
 (see also Peace Corps)
 Colombo Plan........................... PL 86-108 Sec 502.......   303
Technology
 Defense critical
  Monitoring and assessment of.......... 10 USC 2517.............   428
 International export of
  Control of............................ PL 101-513 Sec 586J.....    34
 Missile production
  Control of............................ PL 101-510 Sec 1701.....   742
 Research and development
  Cooperation with Japan................ PL 102-190 Sec 255......   684
                                         PL 101-510 Sec 1454.....   735
Technology transfer
 Export restrictions.................... PL 101-513 Sec 586I.....    33
 Missile technology
  Control of............................ PL 101-189 Sec 1639.....   784
 Missile Technology Control Regime...... PL 101-510 Sec 1701.....   742
 Strategic Defense Initiative
  Soviet Union restrictions............. PL 100-180 Sec 223......   824
 Subject to offset arrangements
  U.S. policy on........................ 10 USC 2532.............   430
                                         PL 100-456 Sec 825......   800
Technology, foreign
 Monitoring and assessment of........... 10 USC 2517.............   428
  Overseas program...................... 10 USC 2518.............   429
Terrorism
 Counter and Anti
  Oversight of.......................... PL 105-85 Sec 1051......   457
 Countries aiding
  Defense Department contract 
   prohibition.......................... 10 USC 2327(b)..........   397
 Countries supporting
  Defense Department aid prohibition.... 10 USC 2249(a)..........   396
 Defense Department counter activities
  Authorization of appropriations....... PL 104-201 Sec 306......   502
 Federal Emergency Management Agency
  Response to........................... PL 103-160 Sec 1704.....   618
 Intelligence on
  Reporting by defense personnel........ PL 99-661 Sec 1353......   852
 Iraq
  Support for acts of................... PL 101-513 Sec 586F(c)..    30
 Protecting U.S. civil aviation......... PL 101-189 Sec 1631.....   783
 Protecting U.S. military personnel..... PL 99-145 Sec 1452......   873
Terrorism, Director of the Office for 
  Combating
 Functions delegated to................. 45 FR 11655 Sec 1(i)....   346
Theater Missile Defense Initiative
 Allocation of funds.................... PL 102-484 Sec 233......   625
 Authorization of appropriations........ PL 102-484 Sec 231......   624
 Master plan............................ PL 103-160 Sec 235......   584
Threshold Test Ban Treaty
 Verification measures
  Agreement on.......................... PL 100-456 Sec 1436.....   814
Torrejon Air Base
 Relocating functions
  Limitation on expenditures............ PL 101-510 Sec 2802.....   745
                                         PL 101-189 Sec 921......   775
Tort claims
 (see Claims)
Toshiba Corporation
 Procurement of goods or services
  Prohibition........................... PL 100-456 Sec 313......   800
Trade
 (see also Imports)
 Agricultural
  Strategy development.................. PL 95-501 Sec 103.......  1044
 Agricultural Trade and Export Policy, 
   National Commission on............... PL 97-98 Sec 1219.......  1086
 Arms
  (see Arms sales)
 Commodity Credit Corporation
  Unfair practices...................... PL 95-501 Sec 301.......  1055
 Latin America
  Free trade zone....................... PL 102-532 Sec 5........   206
 South Africa
  expansion of.......................... PL 103-149 Sec 6........   144
 U.S. policy
  Sense of Congress..................... PL 99-198 Sec 1121......  1007
Trade and Development Program
 (see Trade and Development Agency)
Trade Promotion Coordinating Committee
 Energy sector companies (U.S.)
  Assistance to......................... PL 102-511 Sec 304......    54
Transportable Collective Protection 
  System
 Procurement of
  Exception to.......................... PL 101-510 Sec 163......   712
  Limitation on......................... PL 101-510 Sec 163......   712
Travel abroad
 Availability of local currencies....... PL 83-665 Sec 502.......   305
 Congressional members and staffs....... PL 83-665 Sec 502.......   305
Treasury, Department of
 Enterprise for the Americas Facility
  Establishing.......................... PL 83-480 Sec 601.......   209
 Persian Gulf Regional Defense Fund
  Establishment of...................... PL 102-25 Sec 102.......    13
 Reimbursed by Federal agencies using 
   foreign currencies................... PL 87-125 Sec 508.......   317
                                         31 USC 5303.............   318
Treaty on the Non-Proliferation of 
  Nuclear Weapons
 Russia-U.S. relations.................. PL 102-484 Sec 1321.....   639
Turkey-U.S. relations
 Air defense of U.S. military bases..... PL 98-525 Sec 105.......   875
 Cyprus conflict........................ PL 94-104 Sec 2.........   299
 Drug control
  Imports of narcotics raw material..... PL 101-647 Sec 2501.....   275
 Military aid
  Refugee relief........................ PL 94-104 Sec 2.........   299
  Suspension of......................... PL 94-104 Sec 2.........   299
 Opium poppy discussion................. PL 94-104 Sec 2.........   299

                                   U

U.N.
 Emergency Force
  U.S. contributions to................. PL 93-199 Sec 6.........   302
 FAO
  (see FAO)
 Middle East conflict................... PL 93-199 Sec 6.........   302
 Peace operations security relations.... PL 103-337 Sec 1401.....   572
 Peacekeeping activities
  Prohibition on using Defense 
   Department funds..................... 10 USC 405..............   389
  Report to Congress.................... PL 103-160 Sec 1502.....   609
                                         PL 102-484 Sec 1341.....   643
 Sanctions against Iraq
  Compliance with....................... PL 101-513 Sec 586D.....    28
                                         PL 101-510 Sec 1458.....   739
  Countries not in compliance........... PL 105-118 Sec 534......    11
 Security Council Resolution 687
  Violation by Iraq..................... PL 102-190 Sec 1095.....   703
 Security Council Resolution............ 688.....................
  Violation by Iraq..................... PL 102-190 Sec 1096.....   703
 U.S. participation in
  (see also U.N., United Nations 
    Participation Act of 1945)
U.S. Disarmament Administration
 Transferred to ACDA
  (see also ACDA)
U.S. Trade Representative
 Imports
  Prohibitions on....................... PL 101-624 Sec 1308.....   972
Ukraine
 Currency stabilization
  Study on.............................. PL 102-511 Sec 1004(c)..    74
Ukraine-U.S. relations
 Foreign aid
  Waiver of minimun funding requirements PL 105-18 Sec 4001......   494
 Foreign aid, 1997
  Funding requirement waiver............ PL 105-18 Sec 4001......   494
Union of Soviet Socialist Republics
 (see Soviet Union, former)
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-Cuba Council
 Designation of......................... PL 104-114 Sec 203(b)...   189
United States-Israel Endowment for 
  Defense Industrial Cooperation
 Report to Congress..................... PL 102-484 Sec 205......   624
United States-Japan Semiconductor Trade 
  Agreement
 Sense of Congress...................... PL 104-201 Sec 1081(b)..   512
United States-People's Republic of China 
  Joint Defense Conversion Committee
 Report to Congress..................... PL 104-106 Sec 1343.....   542
Universal Military Training and Service 
  Act
 Applicability to Peace Corps........... PL 87-293 Sec 23........  1125
Urgent Assistance for Democracy in 
  Panama Act of 1990.................... PL 101-243..............   219
USIA
 Bureau of Education and Cultural 
   Affairs
  Authorization of appropriations....... PL 102-138 Sec 221......    79
 East Europe Training Projects
  Authorization of appropriations....... PL 102-138 Sec 221(5)...    80
 Educational and cultural exchange 
   programs
  Authorization of appropriations....... PL 102-138 Sec 226(d)...    81
  Enhancement of........................ PL 102-138 Sec 226......    81
 Foreign aid program
  Administration of..................... EO 12163 Sec 1-504......   337
 Informational, educational, and 
   cultural programs.................... PL 102-138 Sec 210......    79
 Soviet-American Interparliamentary 
   Exchanges
  Authorization of appropriations....... PL 102-138 Sec 221(9)...    80
USSR
 (see Soviet Union, former)

                                   V

Vancouver Declaration
 Findings of Congress................... PL 103-199 Sec 102......    40
Vietnam
 (see also North Vietnam-U.S. relations)
 (see also South Vietnam-U.S. relations)
Vietnam War
 (see Indochina War)
Vietnam-U.S. relations
 Cambodian occupation
  Sense of Congress..................... PL 100-180 Sec 1404.....   844
 Indochina War
  Missing personnel..................... PL 103-337 Sec 1034.....   556
Visas
 Taiwanese officials
  Sense of Congress..................... PL 103-337 Sec 1073.....   557
Volunteer service programs 
  (international)
 Encouragement of....................... PL 87-293 Title III.....  1126
Volunteer service programs
 (see also Peace Corps)

                                   W

War
 End strength limitation
  Suspension of......................... 10 USC 123a.............   370
Weapons
 Biological and chemical
  Secretary of Defense.................. PL 103-160 Sec 1701.....   615
 Nuclear, biological, and chemical
  Sense of Congress..................... PL 102-484 Sec 1502.....   654
Weapons of mass destruction
 National emergency
  Secretary of Defense.................. 10 USC 382..............   382
 Proliferation of
  Report to Congress.................... PL 105-85 Sec 243.......   446
                                         PL 104-201 Sec 243......   500
 Threats to U.S.
  Report to Congress.................... PL 105-85 Sec 243.......   446
Weapons of Mass Destruction Control Act 
  of 1992............................... PL 102-484 Sec 1501.....   654
Western Hemisphere
 Regional security
  Defense Department programs........... PL 103-337 Sec 1315.....   564
Wheat
 Emergency food aid
  Reserve established................... PL 96-494 Title III.....  1078
Wheat surplus
 Overseas donations..................... PL 81-439 Sec 416(b)....   989

                                   Y

Yatama Indians
 Appropriations, 1989................... PL 100-276 Sec 3(g).....   226
Yugoslavia-U.S. relations
 Democratic transition
  Foreign aid........................... PL 101-243 Sec 201......    88
 International tribunal
  Judicial assistance................... PL 104-106 Sec 1342.....   541

                                   Z

Zablocki Outpatient Facility
 Authorization of funding............... PL 98-266...............   122